093_SB0428ham005

 










                                     LRB093 07599 BDD 16859 a

 1                    AMENDMENT TO SENATE BILL 428

 2        AMENDMENT NO.     .  Amend Senate Bill 428,  AS  AMENDED,
 3    by  replacing  everything  after the enacting clause with the
 4    following:

 5        "Section 5.  The Election Code  is  amended  by  changing
 6    Sections  2A-12,  4-6.2,  4-8, 4-33, 5-7, 5-16.2, 5-43, 6-35,
 7    6-50.2, 6-79, 7-7,  7-8,  7-10,  7-10.2,  7-17,  7-34,  7-41,
 8    8-8.1,  9-1.5, 9-3, 9-10, 9-21, 10-5.1, 13-1.1, 14-3.2, 16-3,
 9    17-23, 17-29, 19-2.1, 19-2.2, 19-4, 19-10, 22-5, 22-9, 22-15,
10    24B-2,  24B-6,  24B-8,  24B-9,  24B-9.1,  24B-10,   24B-10.1,
11    24B-15, 24B-18, 28-6, and 28-9 and by adding Articles 18A and
12    24C  and  Sections  1-10,  1A-16, 1A-20, 9-1.14, 23-15.1, and
13    24A-22 as follows:

14        (10 ILCS 5/1-10 new)
15        Sec. 1-10.  Public comment.  Notwithstanding any  law  to
16    the  contrary, the State Board of Elections in evaluating the
17    feasibility of any new voting system shall  seek  and  accept
18    public  comment  from  persons  of  the  disabled  community,
19    including but not limited to organizations of the blind.

20        (10 ILCS 5/1A-16 new)
21        Sec.  1A-16.  Voter  registration  information;  internet
 
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 1    posting;  processing  of voter registration forms; content of
 2    such forms. Notwithstanding any  law  to  the  contrary,  the
 3    following  provisions shall apply to voter registration under
 4    this Code.
 5        (a)  Voter registration information; Internet posting  of
 6    voter  registration form.  Within 90 days after the effective
 7    date of this amendatory Act of the 93rd General Assembly, the
 8    State Board of Elections shall post on  its  World  Wide  Web
 9    site the following information:
10             (1)  A  comprehensive  list of the names, addresses,
11        phone numbers, and websites, if applicable, of all county
12        clerks and boards of election commissioners in Illinois.
13             (2)  A  schedule  of  upcoming  elections  and   the
14        deadline for voter registration.
15             (3)  A  downloadable,  printable  voter registration
16        form, in at least English and in Spanish versions, that a
17        person may complete and mail or submit to the State Board
18        of Elections or the appropriate county clerk or board  of
19        election commissioners.
20    Any  forms  described  under  paragraph  (3)  must  state the
21    following:
22             If you do not have  a  driver's  license  or  social
23        security  number, and this form is submitted by mail, and
24        you have never registered to vote in the jurisdiction you
25        are now registering in, then you  must  send,  with  this
26        application,  either  (i)  a  copy of a current and valid
27        photo identification, or (ii) a copy of a current utility
28        bill, bank  statement,  government  check,  paycheck,  or
29        other government document that shows the name and address
30        of  the  voter.  If  you  do  not provide the information
31        required above, then you  will  be  required  to  provide
32        election  officials  with  either  (i)  or (ii) described
33        above the first time you vote at a  voting  place  or  by
34        absentee ballot.
 
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 1        (b)  Acceptance  of registration forms by the State Board
 2    of  Elections  and  county  clerks  and  board  of   election
 3    commissioners.  The  State Board of Elections, county clerks,
 4    and  board  of  election  commissioners  shall   accept   all
 5    completed  voter  registration  forms described in subsection
 6    (a)(3) that are:
 7             (1)  postmarked on or  before  the  day  that  voter
 8        registration is closed under the Election Code;
 9             (2)  not  postmarked,  but  arrives  no later than 5
10        days after the close of registration;
11             (3)  submitted in-person by a person using the  form
12        on  or  before  the day that voter registration is closed
13        under the Election Code; or
14             (4)  submitted in-person by a person who submits one
15        or more forms on behalf of one or more persons  who  used
16        the  form on or before the day that voter registration is
17        closed under the Election Code.
18        Upon the receipt of a registration form, the State  Board
19    of  Elections  shall  mark  the  date  on  which the form was
20    received and send the  form  via  first  class  mail  to  the
21    appropriate  county clerk or board of election commissioners,
22    as the case may be, within 2 business  days  based  upon  the
23    home  address of the person submitting the registration form.
24    The county clerk and board of  election  commissioners  shall
25    accept  and process any form received from the State Board of
26    Elections.
27        (c)  Processing of registration forms  by  county  clerks
28    and  boards  of  election commissioners.  The county clerk or
29    board of election commissioners shall  promulgate  procedures
30    for processing the voter registration form.
31        (d)  Contents  of  the voter registration form. The State
32    Board shall create a  voter  registration  form,  which  must
33    contain the following content:
34             (1)  Instructions for completing the form.
 
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 1             (2)  A  summary of the qualifications to register to
 2        vote in Illinois.
 3             (3)  Instructions for mailing in or  submitting  the
 4        form in person.
 5             (4)  The   phone  number  for  the  State  Board  of
 6        Elections  should  a  person  submitting  the  form  have
 7        questions.
 8             (5)  A box for the person to check that explains one
 9        of 3 reasons for submitting the form:
10                  (a)  new registration;
11                  (b)  change of address; or
12                  (c)  change of name.
13             (6)  a box for the person to check yes  or  no  that
14        asks,  "Are  you  a citizen of the United States'", a box
15        for the person to check yes or no that asks, "Will you be
16        18 years of age  on  or  before  election  day'",  and  a
17        statement  of  "If you checked 'no' in response to either
18        of these questions, then do not complete this form.".
19             (7)  A space for the person to fill in  his  or  her
20        home telephone number.
21             (8)  Spaces  for  the  person  to fill in his or her
22        first, middle, and last names, street address  (principal
23        place of residence), county, city, state, and zip code.
24             (9)  Spaces  for  the  person  to fill in his or her
25        mailing address, city, state, and zip code  if  different
26        from his or her principal place of residence.
27             (10)  A  space  for the person to fill in his or her
28        Illinois driver's license number  if  the  person  has  a
29        driver's license.
30             (11)  A  space  for  a  person  without  a  driver's
31        license  to  fill  in  the last four digits of his or her
32        social  security  number  if  the  person  has  a  social
33        security number.
34             (12)  A space  for  a  person  without  an  Illinois
 
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 1        driver's  license  to  fill  in his or her identification
 2        number from his or her State Identification  card  issued
 3        by the Secretary of State.
 4             (13)  A  space  for  the  person  to  fill  the name
 5        appearing on his or  her  last  voter  registration,  the
 6        street address of his or her last registration, including
 7        the city, county, state, and zip code.
 8             (14)  A space where the person swears or affirms the
 9        following  under  penalty  of  perjury  with  his  or her
10        signature:
11                  (a)  "I am a citizen of the United States.";
12                  (b)  "I will be at least 18  years  old  on  or
13             before the next election.";
14                  (c)  "I   will  have  lived  in  the  State  of
15             Illinois and in my election  precinct  at  least  30
16             days as of the date of the next election."; and
17                  "The information I have provided is true to the
18             best  of may knowledge under penalty of perjury.  If
19             I have provided false information,  than  I  may  be
20             fined,  imprisoned,  or  if I am not a U.S. citizen,
21             deported from  or  refused  entry  into  the  United
22             States."
23        (d)  Compliance  with  federal law; rulemaking authority.
24    The voter registration form described in this  Section  shall
25    be  consistent  with  the  form  prescribed  by  the  Federal
26    Election Commission under the National Voter Registration Act
27    of  1993,  P.L. 103-31, as amended from time to time, and the
28    Help America Vote Act of 2002, P.L. 107-252, in all  relevant
29    respects.  The  State  Board  of Elections shall periodically
30    up-date the form based on changes to federal  or  State  law.
31    The  State  Board  of  Elections  shall  promulgate any rules
32    necessary for the implementation of  this  Section;  provided
33    that  the  rules  comport  with  the letter and spirit of the
34    National Voter Registration Act of 1993 and Help America Vote
 
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 1    Act of 2002 and maximize the  opportunity  for  a  person  to
 2    register to vote.
 3        (e)  Forms  available  in  paper form. The State Board of
 4    Elections shall make the voter registration form available in
 5    regular paper stock and form in sufficient quantities for the
 6    general public.  The State Board of Elections may provide the
 7    voter registration form to the  Secretary  of  State,  county
 8    clerks, boards of election commissioners, designated agencies
 9    of  the  State  of  Illinois,  and any other person or entity
10    designated to have  these  forms  by  the  Election  Code  in
11    regular  paper  stock and form in or some other format deemed
12    suitable by the Board. Each county clerk or board of election
13    commissioners has the authority to design and print  its  own
14    voter registration form so long as the form complies with the
15    requirements  of this Section.  The State Board of Elections,
16    county clerks, boards of  election  commissioners,  or  other
17    designated agencies of the State of Illinois required to have
18    these forms under the Election Code shall provide a member of
19    the public with any reasonable number of forms that he or she
20    may  request.  Nothing in this Section shall permit the State
21    Board  of  Elections,  county  clerk,   board   of   election
22    commissioners, or other appropriate election official who may
23    accept  a voter registration form to refuse to accept a voter
24    registration form because the form is printed on  photocopier
25    or regular paper stock and form.
26        (f)  Internet  voter  registration study. The State Board
27    of Elections shall investigate the  feasibility  of  offering
28    voter   registration   on  its  website  and  consider  voter
29    registration methods of other states in an effort to maximize
30    the opportunity for all  Illinois  citizens  to  register  to
31    vote.  The  State  Board  of  Elections  shall  assemble  its
32    findings in a report and submit it to the General Assembly no
33    later   than  January  1,  2006.  The  report  shall  contain
34    legislative  recommendations  to  the  General  Assembly   on
 
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 1    improving voter registration in Illinois.

 2        (10 ILCS 5/1A-20 new)
 3        Sec.  1A-20.  Help  Illinois Vote Fund. The Help Illinois
 4    Vote Fund is created as a special fund in the State treasury.
 5    All  federal  funds   received   by   the   State   for   the
 6    implementation  of  the federal Help America Vote Act of 2002
 7    shall be deposited into the Help Illinois Vote  Fund.  Moneys
 8    from any other source may be deposited into the Help Illinois
 9    Vote  Fund. The Help Illinois Vote Fund shall be appropriated
10    solely to the State Board of Elections for use  only  in  the
11    performance of activities and programs authorized or mandated
12    by or in accordance with the federal Help America Vote Act of
13    2002.

14        (10 ILCS 5/2A-12) (from Ch. 46, par. 2A-12)
15        Sec.  2A-12.   Board  of  Review  -  Time of Election.  A
16    member of the Board of Review  in  any  county  which  elects
17    members  of  a  Board  of  Review  shall  be elected, at each
18    general election which immediately precedes the expiration of
19    the term of any incumbent  member,  to  succeed  each  member
20    whose term ends before the following general election, except
21    that  members  of  the  Cook  County Board of Review shall be
22    elected as provided in subsection (c) of Section 5-5  of  the
23    Property Tax Code.
24    (Source: P.A. 80-936.)

25        (10 ILCS 5/4-6.2) (from Ch. 46, par. 4-6.2)
26        Sec.  4-6.2.  (a)  The  county  clerk  shall  appoint all
27    municipal and township or road district clerks or their  duly
28    authorized  deputies  as deputy registrars who may accept the
29    registration of all qualified residents of  their  respective
30    municipalities,   townships  and  road  districts.  A  deputy
31    registrar serving as such  by  virtue  of  his  status  as  a
 
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 1    municipal  clerk,  or a duly authorized deputy of a municipal
 2    clerk, of a municipality the territory of which lies in  more
 3    than  one county may accept the registration of any qualified
 4    resident of the municipality, regardless of which county  the
 5    resident,  municipal  clerk  or the duly authorized deputy of
 6    the municipal clerk lives in.
 7        The   county   clerk   shall   appoint    all    precinct
 8    committeepersons  in  the county as deputy registrars who may
 9    accept the registration of  any  qualified  resident  of  the
10    county, except during the 27 days preceding an election.
11        The election authority shall appoint as deputy registrars
12    a  reasonable  number  of employees of the Secretary of State
13    located  at  driver's  license   examination   stations   and
14    designated  to  the  election  authority  by the Secretary of
15    State who  may  accept  the  registration  of  any  qualified
16    residents   of  the  county  at  any  such  driver's  license
17    examination stations. The appointment  of  employees  of  the
18    Secretary  of State as deputy registrars shall be made in the
19    manner provided in Section  2-105  of  the  Illinois  Vehicle
20    Code.
21        The  county  clerk  shall  appoint  each of the following
22    named persons as deputy registrars upon the  written  request
23    of such persons:
24             1.  The  chief  librarian,  or  a  qualified  person
25        designated  by the chief librarian, of any public library
26        situated within the election jurisdiction, who may accept
27        the  registrations  of  any  qualified  resident  of  the
28        county, at such library.
29             2.  The principal, or a qualified person  designated
30        by  the principal, of any high school, elementary school,
31        or  vocational  school  situated  within   the   election
32        jurisdiction,  who  may  accept  the registrations of any
33        qualified resident of the county,  at  such  school.  The
34        county   clerk   shall   notify   every   principal   and
 
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 1        vice-principal  of  each  high school, elementary school,
 2        and  vocational  school  situated  within  the   election
 3        jurisdiction  of  their  eligibility  to  serve as deputy
 4        registrars and offer  training  courses  for  service  as
 5        deputy  registrars  at conveniently located facilities at
 6        least 4 months prior to every election.
 7             3.  The president, or a qualified person  designated
 8        by  the  president, of any university, college, community
 9        college,  academy  or  other  institution   of   learning
10        situated within the election jurisdiction, who may accept
11        the  registrations of any resident of the county, at such
12        university,  college,  community  college,   academy   or
13        institution.
14             4.  A  duly  elected or appointed official of a bona
15        fide  labor  organization,  or  a  reasonable  number  of
16        qualified members designated by such  official,  who  may
17        accept the registrations of any qualified resident of the
18        county.
19             5.  A  duly  elected  or  appointed  official  of  a
20        bonafide   State   civic  organization,  as  defined  and
21        determined by rule of the State Board  of  Elections,  or
22        qualified  members  designated  by such official, who may
23        accept the registration of any qualified resident of  the
24        county.  In  determining  the number of deputy registrars
25        that shall be appointed, the county clerk shall  consider
26        the  population  of  the  jurisdiction,  the  size of the
27        organization, the geographic size  of  the  jurisdiction,
28        convenience for the public, the existing number of deputy
29        registrars  in  the  jurisdiction and their location, the
30        registration activities of the organization and the  need
31        to appoint deputy registrars to assist and facilitate the
32        registration  of non-English speaking individuals.  In no
33        event shall  a  county  clerk  fix  an  arbitrary  number
34        applicable   to   every   civic  organization  requesting
 
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 1        appointment of its  members  as  deputy  registrars.  The
 2        State  Board  of  Elections  shall  by  rule  provide for
 3        certification of bonafide State civic organizations. Such
 4        appointments shall be made for a period not to  exceed  2
 5        years, terminating on the first business day of the month
 6        following the month of the general election, and shall be
 7        valid  for  all periods of voter registration as provided
 8        by this Code during the terms of such appointments.
 9             6.  The  Director  of  the  Illinois  Department  of
10        Public  Aid,  or  a  reasonable   number   of   employees
11        designated  by  the  Director  and  located at public aid
12        offices, who may accept the registration of any qualified
13        resident of the county at any such public aid office.
14             7.  The  Director  of  the  Illinois  Department  of
15        Employment Security, or a reasonable number of  employees
16        designated  by  the  Director and located at unemployment
17        offices, who may accept the registration of any qualified
18        resident of the county at any such unemployment office.
19             8.  The president of any corporation as  defined  by
20        the  Business  Corporation  Act  of 1983, or a reasonable
21        number of employees designated by such president, who may
22        accept the registrations of any qualified resident of the
23        county.
24        If the request to be appointed  as  deputy  registrar  is
25    denied, the county clerk shall, within 10 days after the date
26    the  request is submitted, provide the affected individual or
27    organization with written notice setting forth  the  specific
28    reasons  or  criteria  relied  upon to deny the request to be
29    appointed as deputy registrar.
30        The county clerk may appoint as  many  additional  deputy
31    registrars  as he considers necessary. The county clerk shall
32    appoint such additional deputy registrars in such manner that
33    the  convenience  of  the  public  is  served,   giving   due
34    consideration  to  both  population  concentration  and area.
 
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 1    Some of the additional deputy registrars shall be selected so
 2    that there are an equal number  from  each  of  the  2  major
 3    political  parties  in the election jurisdiction.  The county
 4    clerk, in appointing an additional  deputy  registrar,  shall
 5    make  the  appointment from a list of applicants submitted by
 6    the  Chairman  of  the  County  Central  Committee   of   the
 7    applicant's  political party.  A Chairman of a County Central
 8    Committee shall submit a list of  applicants  to  the  county
 9    clerk  by  November  30  of  each year.  The county clerk may
10    require a Chairman of a County Central Committee to furnish a
11    supplemental list of applicants.
12        Deputy registrars may accept registrations  at  any  time
13    other  than  the  27  day  period  preceding an election. All
14    persons appointed as deputy registrars shall  be   registered
15    voters  within the county and shall take and subscribe to the
16    following oath or affirmation:
17        "I do solemnly swear (or affirm, as the case may be) that
18    I will support the Constitution of the United States, and the
19    Constitution of the  State  of  Illinois,  and  that  I  will
20    faithfully  discharge  the  duties  of  the  office of deputy
21    registrar to the best of my ability and that I will  register
22    no  person  nor  cause  the registration of any person except
23    upon his personal application before me.
24                                     ............................
25                                    (Signature Deputy Registrar)"
26        This oath shall be administered by the county  clerk,  or
27    by  one  of  his deputies, or by any person qualified to take
28    acknowledgement of deeds and shall immediately thereafter  be
29    filed with the county clerk.
30        Appointments  of  deputy  registrars  under this Section,
31    except precinct committeemen,  shall  be  for  2-year  terms,
32    commencing  on  December  1 following the general election of
33    each even-numbered year; except that the terms of the initial
34    appointments shall be until December 1st following  the  next
 
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 1    general election. Appointments of precinct committeemen shall
 2    be  for  2-year  terms  commencing  on the date of the county
 3    convention following the general primary at which  they  were
 4    elected.   The  county  clerk  shall  issue  a certificate of
 5    appointment to each deputy registrar, and shall  maintain  in
 6    his  office  for public inspection a list of the names of all
 7    appointees.
 8        (b)  The county clerk shall be responsible  for  training
 9    all  deputy  registrars appointed pursuant to subsection (a),
10    at times and locations reasonably  convenient  for  both  the
11    county  clerk and such appointees.  The county clerk shall be
12    responsible  for  certifying  and  supervising   all   deputy
13    registrars  appointed  pursuant  to  subsection  (a).  Deputy
14    registrars appointed under subsection (a) shall be subject to
15    removal for cause.
16        (c)  Completed registration materials under  the  control
17    of  deputy  registrars, appointed pursuant to subsection (a),
18    shall be returned to the proper election authority  within  7
19    days,  except  that completed registration materials received
20    by the deputy registrars during the period between  the  35th
21    and  28th  day preceding an election shall be returned by the
22    deputy registrars to the proper election authority within  48
23    hours  after  receipt  thereof.   The  completed registration
24    materials received by the deputy registrars on the  28th  day
25    preceding  an  election  shall  be  returned  by  the  deputy
26    registrars  within  24  hours  after  receipt thereof. Unused
27    materials shall be returned by  deputy  registrars  appointed
28    pursuant to paragraph 4 of subsection (a), not later than the
29    next working day following the close of registration.
30        (d)  The county clerk or board of election commissioners,
31    as  the  case  may  be,  must  provide  any  additional forms
32    requested by any deputy registrar regardless of the number of
33    unaccounted registration forms the deputy registrar may  have
34    in  his  or  her  possession.  The  county clerk shall not be
 
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 1    required to provide additional forms to any deputy  registrar
 2    having  more  than  200  registration  forms  unaccounted for
 3    during the preceding 12 month period.
 4        (e)  No   deputy   registrar   shall   engage   in    any
 5    electioneering  or  the  promotion  of  any  cause during the
 6    performance of his or her duties.
 7        (f)  The county clerk shall not be criminally or  civilly
 8    liable  for  the  acts  or omissions of any deputy registrar.
 9    Such deputy registrars shall not be deemed to be employees of
10    the county clerk.
11    (Source: P.A. 92-816, eff. 8-21-02.)

12        (10 ILCS 5/4-8) (from Ch. 46, par. 4-8)
13        Sec. 4-8.  The county clerk shall  provide  a  sufficient
14    number of blank forms for the registration of electors, which
15    shall  be  known as registration record cards and which shall
16    consist of loose leaf sheets or cards, of  suitable  size  to
17    contain  in  plain  writing  and figures the data hereinafter
18    required thereon  or  shall  consist  of  computer  cards  of
19    suitable  nature  to  contain  the data required thereon. The
20    registration record cards, which shall include  an  affidavit
21    of registration as hereinafter provided, shall be executed in
22    duplicate.
23        The  registration record card shall contain the following
24    and such other information as the county clerk may  think  it
25    proper to require for the identification of the applicant for
26    registration:
27        Name.   The  name  of  the  applicant, giving surname and
28    first or Christian name in full, and the middle name  or  the
29    initial for such middle name, if any.
30        Sex.
31        Residence.  The name and number of the street, avenue, or
32    other location of the dwelling, including the apartment, unit
33    or  room number, if any, and in the case of a mobile home the
 
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 1    lot  number,  and  such   additional   clear   and   definite
 2    description  as  may  be  necessary  to  determine  the exact
 3    location of the dwelling of the applicant. Where the location
 4    cannot be determined by street and number, then the  section,
 5    congressional  township and range number may be used, or such
 6    other description as may be necessary, including  post-office
 7    mailing  address.  In  the case of a homeless individual, the
 8    individual's voting residence that  is  his  or  her  mailing
 9    address  shall  be included on his or her registration record
10    card.
11        Term of residence in the State of Illinois and  precinct.
12    This  information shall be furnished by the applicant stating
13    the place or places where he resided  and  the  dates  during
14    which he resided in such place or places during the year next
15    preceding the date of the next ensuing election.
16        Nativity.   The  state  or country in which the applicant
17    was born.
18        Citizenship.  Whether the applicant  is  native  born  or
19    naturalized.  If  naturalized,  the court, place, and date of
20    naturalization.
21        Date of application  for  registration,  i.e.,  the  day,
22    month   and   year   when  applicant  presented  himself  for
23    registration.
24        Age.  Date of birth, by month, day and year.
25        Physical disability of the applicant, if any, at the time
26    of registration, which would require assistance in voting.
27        The county and state in  which  the  applicant  was  last
28    registered.
29        Signature   of   voter.    The   applicant,   after   the
30    registration  and  in  the  presence of a deputy registrar or
31    other officer of registration shall be required to  sign  his
32    or  her name in ink to the affidavit on both the original and
33    duplicate registration record cards.
34        Signature of deputy registrar or officer of registration.
 
                            -15-     LRB093 07599 BDD 16859 a
 1        In case applicant is unable to  sign  his  name,  he  may
 2    affix  his  mark  to  the affidavit. In such case the officer
 3    empowered  to  give  the  registration  oath  shall  write  a
 4    detailed description of the applicant in the  space  provided
 5    on  the back or at the bottom of the card or sheet; and shall
 6    ask the following questions and record the answers thereto:
 7        Father's first name.
 8        Mother's first name.
 9        From what address did the applicant last register?
10        Reason for inability to sign name.
11        Each applicant for registration shall make  an  affidavit
12    in substantially the following form:
13                      AFFIDAVIT OF REGISTRATION
14    STATE OF ILLINOIS
15    COUNTY OF .......
16        I  hereby  swear  (or  affirm) that I am a citizen of the
17    United States; that on the date of the next election I  shall
18    have  resided  in  the  State of Illinois and in the election
19    precinct in which I reside 30 days and  that  I  intend  that
20    this  location  shall  be  my  residence;  that  I  am  fully
21    qualified to vote, and that the above statements are true.
22                                   ..............................
23                                   (His or her signature or mark)
24        Subscribed and sworn to before me on (insert date).
25    ..................................
26    Signature of registration officer.
27    (To be signed in presence of registrant.)

28        Space   shall   be   provided   upon  the  face  of  each
29    registration record card  for  the  notation  of  the  voting
30    record of the person registered thereon.
31        Each registration record card shall be numbered according
32    to  precincts,  and  may  be serially or otherwise marked for
33    identification  in  such  manner  as  the  county  clerk  may
34    determine.
 
                            -16-     LRB093 07599 BDD 16859 a
 1        The registration cards shall be deemed public records and
 2    shall be open to inspection during  regular  business  hours,
 3    except during the 27 days immediately preceding any election.
 4    On written request of any candidate or objector or any person
 5    intending  to  object  to  a petition, the election authority
 6    shall extend its hours for inspection of  registration  cards
 7    and other records of the election authority during the period
 8    beginning  with  the filing of petitions under Sections 7-10,
 9    8-8, 10-6 or 28-3 and continuing through the  termination  of
10    electoral  board  hearings  on  any  objections  to petitions
11    containing   signatures   of   registered   voters   in   the
12    jurisdiction of the election authority.  The extension  shall
13    be  for  a  period  of  hours  sufficient  to  allow adequate
14    opportunity for examination of the records but  the  election
15    authority  is  not  required  to  extend its hours beyond the
16    period beginning at  its  normal  opening  for  business  and
17    ending  at  midnight.  If the business hours are so extended,
18    the election authority shall post a  public  notice  of  such
19    extended   hours.  Registration  record  cards  may  also  be
20    inspected, upon approval of the  officer  in  charge  of  the
21    cards, during the 27 days immediately preceding any election.
22    Registration record cards shall also be open to inspection by
23    certified  judges  and  poll  watchers and challengers at the
24    polling place  on  election  day,  but  only  to  the  extent
25    necessary  to determine the question of the right of a person
26    to vote or to serve as a judge of election. At no time  shall
27    poll  watchers or challengers be allowed to physically handle
28    the registration record cards.
29        Updated copies of computer tapes  or  computer  discs  or
30    other electronic data processing information containing voter
31    registration  information  shall  be  furnished by the county
32    clerk within 10 days after December 15 and May 15  each  year
33    and  within  10 days after each registration period is closed
34    to the State Board of Elections in a form prescribed  by  the
 
                            -17-     LRB093 07599 BDD 16859 a
 1    Board.  For  the  purposes  of  this  Section, a registration
 2    period is closed 27 days before the date of  any  regular  or
 3    special election. Registration information shall include, but
 4    not  be  limited  to,  the following information:  name, sex,
 5    residence, telephone number, if any, age, party  affiliation,
 6    if   applicable,   precinct,   ward,  township,  county,  and
 7    representative, legislative and congressional districts.   In
 8    the  event  of noncompliance, the State Board of Elections is
 9    directed   to   obtain   compliance   forthwith   with   this
10    nondiscretionary  duty   of   the   election   authority   by
11    instituting  legal  proceedings  in  the circuit court of the
12    county  in  which  the  election  authority   maintains   the
13    registration  information.   The  costs of furnishing updated
14    copies of tapes or discs shall be paid at a rate  of  $.00034
15    per  name  of registered voters in the election jurisdiction,
16    but not less than $50 per tape or disc and shall be paid from
17    appropriations made to  the  State  Board  of  Elections  for
18    reimbursement to the election authority for such purpose. The
19    Board  shall  furnish  copies  of  such  tapes,  discs, other
20    electronic data or compilations thereof  to  state  political
21    committees  registered  pursuant  to  the  Illinois  Campaign
22    Finance  Act  or  the  Federal Election Campaign Act at their
23    request and at a reasonable cost.  Copies of the tapes, discs
24    or other electronic data shall be  furnished  by  the  county
25    clerk to local political committees at their request and at a
26    reasonable  cost.  To protect the privacy and confidentiality
27    of  voter  registration  information,   the   disclosure   of
28    electronic voter registration records to any person or entity
29    other   than   a   State  or  local  political  committee  is
30    specifically prohibited. Reasonable cost of the tapes, discs,
31    et cetera for this purpose would be the cost  of  duplication
32    plus  15%  for administration.  The individual representing a
33    political committee requesting copies  of  such  tapes  shall
34    make  a  sworn  affidavit  that the information shall be used
 
                            -18-     LRB093 07599 BDD 16859 a
 1    only for bona fide political purposes, including  by  or  for
 2    candidates  for  office  or  incumbent  office  holders. Such
 3    tapes, discs or other electronic data shall not be used under
 4    any circumstances by any political committee  or  individuals
 5    for  purposes  of  commercial  solicitation or other business
 6    purposes.   If  such  tapes  contain  information  on  county
 7    residents related to the operations of county  government  in
 8    addition  to registration information, that information shall
 9    not  be  used  under   any   circumstances   for   commercial
10    solicitation  or other business purposes.  The prohibition in
11    this Section against using the  computer  tapes  or  computer
12    discs   or   other  electronic  data  processing  information
13    containing voter registration  information  for  purposes  of
14    commercial  solicitation  or other business purposes shall be
15    prospective only from the effective date of this amended  Act
16    of  1979.   Any  person  who violates this provision shall be
17    guilty of a Class 4 felony.
18        The State Board of Elections shall promulgate, by October
19    1, 1987, such regulations  as  may  be  necessary  to  ensure
20    uniformity throughout the State in electronic data processing
21    of  voter  registration  information.   The regulations shall
22    include, but need  not  be  limited  to,  specifications  for
23    uniform medium, communications protocol and file structure to
24    be  employed by the election authorities of this State in the
25    electronic data processing of voter registration information.
26    Each election authority utilizing electronic data  processing
27    of  voter  registration  information  shall  comply with such
28    regulations on and after May 15, 1988.
29        If the applicant for registration was last registered  in
30    another  county  within  this  State,  he  shall  also sign a
31    certificate   authorizing   cancellation   of   the    former
32    registration.  The  certificate shall be in substantially the
33    following form:
34    To the County Clerk of.... County, Illinois. (or)
 
                            -19-     LRB093 07599 BDD 16859 a
 1    To the Election Commission of the City of ...., Illinois.
 2        This is to certify that I am registered in your  (county)
 3    (city) and that my residence was ............................
 4    Having  moved out of your (county) (city), I hereby authorize
 5    you to cancel said registration in your office.
 6    Dated at ...., Illinois, on (insert date).
 7                                .................................
 8                                             (Signature of Voter)
 9    Attest: ................,  County Clerk, .............
10    County, Illinois.
11        The cancellation certificate shall be mailed  immediately
12    by  the  County  Clerk  to  the  County  Clerk  (or  election
13    commission  as  the  case  may  be)  where  the applicant was
14    formerly registered. Receipt of  such  certificate  shall  be
15    full authority for cancellation of any previous registration.
16    (Source: P.A.  91-357,  eff.  7-29-99;  92-465,  eff. 1-1-02;
17    92-816, eff. 8-21-02.)

18        (10 ILCS 5/4-33)
19        Sec. 4-33.  Computerization of voter records.
20        (a)  The  State  Board  of  Elections  shall   design   a
21    registration  record  card that, except as otherwise provided
22    in this Section, shall be used in duplicate by  all  election
23    authorities  in  the  State  adopting  a computer-based voter
24    registration file as provided in  this  Section.   The  Board
25    shall  prescribe  the  form and specifications, including but
26    not limited to the weight of paper, color, and print  of  the
27    cards.   The  cards  shall  contain  boxes  or spaces for the
28    information required under Sections 4-8  and  4-21;  provided
29    that  the  cards shall also contain: (i) A space for a person
30    to fill in his or her Illinois driver's license number if the
31    person has a driver's license; (ii)  A  space  for  a  person
32    without a driver's license to fill in the last four digits of
33    his  or her social security number if the person has a social
 
                            -20-     LRB093 07599 BDD 16859 a
 1    security number a box or space  for  the  applicant's  social
 2    security  number,  which  shall  be  required  to  the extent
 3    allowed by law but in no case  shall  the  applicant  provide
 4    fewer  than  the last 4 digits of the social security number,
 5    and a box for the applicant's telephone number, if available.
 6        (b)  The election authority may develop and  implement  a
 7    system  to  prepare, use, and maintain a computer-based voter
 8    registration file that includes a  computer-stored  image  of
 9    the  signature  of  each  voter.   The  computer-based  voter
10    registration  file may be used for all purposes for which the
11    original registration cards are to be used, provided  that  a
12    system  for  the storage of at least one copy of the original
13    registration cards remains in  effect.  The  electronic  file
14    shall be the master file.
15        (c)  Any  system  created,  used,  and  maintained  under
16    subsection  (b)  of  this  Section  shall  meet the following
17    standards:
18             (1)  Access to any computer-based voter registration
19        file shall be limited to those persons authorized by  the
20        election authority, and each access to the computer-based
21        voter  registration file, other than an access solely for
22        inquiry, shall be recorded.
23             (2)  No copy, summary, list, abstract, or  index  of
24        any  computer-based voter registration file that includes
25        any  computer-stored  image  of  the  signature  of   any
26        registered  voter  shall  be made available to the public
27        outside of the offices of the election authority.
28             (3)  Any copy, summary, list, abstract, or index  of
29        any  computer-based voter registration file that includes
30        a computer-stored image of the signature of a  registered
31        voter  shall  be produced in such a manner that it cannot
32        be reproduced.
33             (4)  Each person desiring  to  vote  shall  sign  an
34        application  for  a  ballot, and the signature comparison
 
                            -21-     LRB093 07599 BDD 16859 a
 1        authorized in Articles 17 and 18 of this Code may be made
 2        to a copy of the computer-stored image of  the  signature
 3        of the registered voter.
 4             (5)  Any  voter  list produced from a computer-based
 5        voter registration  file  that  includes  computer-stored
 6        images of the signatures of registered voters and is used
 7        in  a polling place during an election shall be preserved
 8        by the election authority in secure storage until the end
 9        of the second calendar year  following  the  election  in
10        which it was used.
11        (d)  Before  the  first  election  in  which the election
12    authority elects to  use  a  voter  list  produced  from  the
13    computer-stored images of the signatures of registered voters
14    in  a  computer-based  voter  registration file for signature
15    comparison in a polling place, the State Board  of  Elections
16    shall  certify that the system used by the election authority
17    complies with the standards set forth in this  Section.   The
18    State  Board  of  Elections  may  request  a sample poll list
19    intended to be used in a polling place to test  the  accuracy
20    of the list and the adequacy of the computer-stored images of
21    the signatures of the registered voters.
22        (e)  With  respect  to a jurisdiction that has copied all
23    of its voter signatures into  a  computer-based  registration
24    file, all references in this Act or any other Act to the use,
25    other than storage, of paper-based voter registration records
26    shall be deemed to refer to their computer-based equivalents.
27        (f)  Nothing   in   this  Section  prevents  an  election
28    authority from submitting to the State Board of  Elections  a
29    duplicate copy of some, as the State Board of Elections shall
30    determine,  or  all  of  the  data  contained  in  each voter
31    registration record that is part  of  the  electronic  master
32    file.  The duplicate copy of the registration record shall be
33    maintained by the State Board of  Elections  under  the  same
34    terms  and  limitations  applicable to the election authority
 
                            -22-     LRB093 07599 BDD 16859 a
 1    and shall  be  of  equal  legal  dignity  with  the  original
 2    registration  record  maintained by the election authority as
 3    proof of any fact contained in the voter registration record.
 4    (Source: P.A. 91-73, eff. 7-9-99.)

 5        (10 ILCS 5/5-7) (from Ch. 46, par. 5-7)
 6        Sec. 5-7.  The county clerk shall  provide  a  sufficient
 7    number  of blank forms for the registration of electors which
 8    shall be known as registration record cards and  which  shall
 9    consist  of  loose  leaf sheets or cards, of suitable size to
10    contain in plain writing and  figures  the  data  hereinafter
11    required  thereon  or  shall  consist  of  computer  cards of
12    suitable nature to contain the data  required  thereon.   The
13    registration  record  cards, which shall include an affidavit
14    of registration as hereinafter provided, shall be executed in
15    duplicate.
16        The registration record card shall contain the  following
17    and  such  other information as the county clerk may think it
18    proper to require for the identification of the applicant for
19    registration:
20        Name.  The name of  the  applicant,  giving  surname  and
21    first  or  Christian name in full, and the middle name or the
22    initial for such middle name, if any.
23        Sex.
24        Residence.  The name and number of the street, avenue, or
25    other location of the dwelling, including the apartment, unit
26    or room number, if any, and in the case of a mobile home  the
27    lot   number,   and   such   additional  clear  and  definite
28    description as  may  be  necessary  to  determine  the  exact
29    location   of   the  dwelling  of  the  applicant,  including
30    post-office mailing  address.  In  the  case  of  a  homeless
31    individual,  the individual's voting residence that is his or
32    her  mailing  address  shall  be  included  on  his  or   her
33    registration record card.
 
                            -23-     LRB093 07599 BDD 16859 a
 1        Term  of  residence  in  the  State  of  Illinois and the
 2    precinct.  Which questions may be answered by  the  applicant
 3    stating,  in  excess of 30 days in the State and in excess of
 4    30 days in the precinct.
 5        Nativity.  The State or country in  which  the  applicant
 6    was born.
 7        Citizenship.   Whether  the  applicant  is native born or
 8    naturalized. If naturalized, the court,  place  and  date  of
 9    naturalization.
10        Date  of  application  for  registration,  i.e., the day,
11    month  and  year  when  applicant   presented   himself   for
12    registration.
13        Age.  Date of birth, by month, day and year.
14        Physical disability of the applicant, if any, at the time
15    of registration, which would require assistance in voting.
16        The  county  and  state  in  which the applicant was last
17    registered.
18        Signature   of   voter.    The   applicant,   after   the
19    registration and in the presence of  a  deputy  registrar  or
20    other  officer  of registration shall be required to sign his
21    or her name in ink to  the  affidavit  on  the  original  and
22    duplicate registration record card.
23        Signature of Deputy Registrar.
24        In  case  applicant  is  unable  to sign his name, he may
25    affix his mark to the affidavit.  In such  case  the  officer
26    empowered  to  give  the  registration  oath  shall  write  a
27    detailed  description  of the applicant in the space provided
28    at the bottom of  the  card  or  sheet;  and  shall  ask  the
29    following questions and record the answers thereto:
30        Father's first name .......................
31        Mother's first name .......................
32        From what address did you last register?
33        Reason for inability to sign name.
34        Each  applicant  for registration shall make an affidavit
 
                            -24-     LRB093 07599 BDD 16859 a
 1    in substantially the following form:
 2                      AFFIDAVIT OF REGISTRATION
 3    State of Illinois)
 4                     )ss
 5    County of        )
 6        I hereby swear (or affirm) that I am  a  citizen  of  the
 7    United  States; that on the date of the next election I shall
 8    have resided in the State of Illinois  and  in  the  election
 9    precinct in which I reside 30 days; that I am fully qualified
10    to  vote.   That  I  intend  that  this  location shall be my
11    residence and that the above statements are true.
12                                   ..............................
13                                   (His or her signature or mark)
14        Subscribed and sworn to before me on (insert date).
15    .........................................
16        Signature of Registration Officer.
17    (To be signed in presence of Registrant.)

18        Space  shall  be  provided  upon   the   face   of   each
19    registration  record  card  for  the  notation  of the voting
20    record of the person registered thereon.
21        Each registration record card shall be numbered according
22    to towns and precincts, wards, cities and  villages,  as  the
23    case  may  be,  and  may  be serially or otherwise marked for
24    identification  in  such  manner  as  the  county  clerk  may
25    determine.
26        The registration cards shall be deemed public records and
27    shall be open to inspection during  regular  business  hours,
28    except during the 27 days immediately preceding any election.
29    On written request of any candidate or objector or any person
30    intending  to  object  to  a petition, the election authority
31    shall extend its hours for inspection of  registration  cards
32    and other records of the election authority during the period
33    beginning  with  the filing of petitions under Sections 7-10,
34    8-8, 10-6 or 28-3 and continuing through the  termination  of
 
                            -25-     LRB093 07599 BDD 16859 a
 1    electoral  board  hearings  on  any  objections  to petitions
 2    containing   signatures   of   registered   voters   in   the
 3    jurisdiction of the election authority. The  extension  shall
 4    be  for  a  period  of  hours  sufficient  to  allow adequate
 5    opportunity for examination of the records but  the  election
 6    authority  is  not  required  to  extend its hours beyond the
 7    period beginning at  its  normal  opening  for  business  and
 8    ending  at  midnight.  If the business hours are so extended,
 9    the election authority shall post a  public  notice  of  such
10    extended   hours.  Registration  record  cards  may  also  be
11    inspected, upon approval of the  officer  in  charge  of  the
12    cards, during the 27 days immediately preceding any election.
13    Registration record cards shall also be open to inspection by
14    certified  judges  and  poll  watchers and challengers at the
15    polling place  on  election  day,  but  only  to  the  extent
16    necessary  to determine the question of the right of a person
17    to vote or to serve as a judge of election. At no time  shall
18    poll  watchers or challengers be allowed to physically handle
19    the registration record cards.
20        Updated copies of computer tapes  or  computer  discs  or
21    other electronic data processing information containing voter
22    registration  information  shall  be  furnished by the county
23    clerk within 10 days after December 15 and May 15  each  year
24    and  within  10 days after each registration period is closed
25    to the State Board of Elections in a form prescribed  by  the
26    Board.  For  the  purposes  of  this  Section, a registration
27    period is closed 27 days before the date of  any  regular  or
28    special election. Registration information shall include, but
29    not  be  limited  to,  the following information:  name, sex,
30    residence, telephone number, if any, age, party  affiliation,
31    if   applicable,   precinct,   ward,  township,  county,  and
32    representative, legislative and congressional districts.   In
33    the  event  of noncompliance, the State Board of Elections is
34    directed   to   obtain   compliance   forthwith   with   this
 
                            -26-     LRB093 07599 BDD 16859 a
 1    nondiscretionary  duty   of   the   election   authority   by
 2    instituting  legal  proceedings  in  the circuit court of the
 3    county  in  which  the  election  authority   maintains   the
 4    registration  information.   The  costs of furnishing updated
 5    copies of tapes or discs shall be paid at a rate  of  $.00034
 6    per  name  of registered voters in the election jurisdiction,
 7    but not less than $50 per tape or disc and shall be paid from
 8    appropriations made to  the  State  Board  of  Elections  for
 9    reimbursement to the election authority for such purpose. The
10    Board  shall  furnish  copies  of  such  tapes,  discs, other
11    electronic data or compilations thereof  to  state  political
12    committees  registered  pursuant  to  the  Illinois  Campaign
13    Finance  Act  or  the  Federal Election Campaign Act at their
14    request and at a reasonable cost. To protect the privacy  and
15    confidentiality   of   voter  registration  information,  the
16    disclosure of electronic voter registration  records  to  any
17    person  or  entity  other  than  a  State  or local political
18    committee is specifically prohibited. Copies  of  the  tapes,
19    discs  or  other  electronic  data  shall be furnished by the
20    county clerk to local political committees at  their  request
21    and  at  a  reasonable  cost.   Reasonable cost of the tapes,
22    discs, et cetera for  this  purpose  would  be  the  cost  of
23    duplication  plus  15%  for  administration.   The individual
24    representing a political committee requesting copies of  such
25    tapes shall make a sworn affidavit that the information shall
26    be  used  only for bona fide political purposes, including by
27    or for candidates for office  or  incumbent  office  holders.
28    Such  tapes, discs or other electronic data shall not be used
29    under  any  circumstances  by  any  political  committee   or
30    individuals  for purposes of commercial solicitation or other
31    business purposes.  If  such  tapes  contain  information  on
32    county   residents   related  to  the  operations  of  county
33    government in  addition  to  registration  information,  that
34    information  shall  not  be  used under any circumstances for
 
                            -27-     LRB093 07599 BDD 16859 a
 1    commercial solicitation  or  other  business  purposes.   The
 2    prohibition  in this Section against using the computer tapes
 3    or  computer  discs  or  other  electronic  data   processing
 4    information  containing  voter  registration  information for
 5    purposes  of  commercial  solicitation  or   other   business
 6    purposes shall be prospective only from the effective date of
 7    this  amended  Act  of  1979.    Any person who violates this
 8    provision shall be guilty of a Class 4 felony.
 9        The State Board of Elections shall promulgate, by October
10    1, 1987, such regulations  as  may  be  necessary  to  ensure
11    uniformity throughout the State in electronic data processing
12    of  voter  registration  information.   The regulations shall
13    include, but need  not  be  limited  to,  specifications  for
14    uniform medium, communications protocol and file structure to
15    be  employed by the election authorities of this State in the
16    electronic data processing of voter registration information.
17    Each election authority utilizing electronic data  processing
18    of  voter  registration  information  shall  comply with such
19    regulations on and after May 15, 1988.
20        If the applicant for registration was last registered  in
21    another  county  within  this  State,  he  shall  also sign a
22    certificate   authorizing   cancellation   of   the    former
23    registration.  The  certificate shall be in substantially the
24    following form:
25    To the County Clerk of .... County, Illinois. To the Election
26    Commission of the City of ...., Illinois.
27        This is to certify that I am registered in your  (county)
28    (city) and that my residence was .....
29        Having  moved  out  of  your  (county)  (city),  I hereby
30    authorize you to cancel said registration in your office.
31    Dated at .... Illinois, on (insert date).
32                                             ....................
33                                             (Signature of Voter)
34          Attest ......, County Clerk, ........ County, Illinois.
 
                            -28-     LRB093 07599 BDD 16859 a
 1        The cancellation certificate shall be mailed  immediately
 2    by  the  county  clerk  to  the  county  clerk  (or  election
 3    commission  as  the  case  may  be)  where  the applicant was
 4    formerly registered. Receipt of  such  certificate  shall  be
 5    full authority for cancellation of any previous registration.
 6    (Source: P.A.  91-357,  eff.  7-29-99;  92-465,  eff. 1-1-02;
 7    92-816, eff. 8-21-02.)

 8        (10 ILCS 5/5-16.2) (from Ch. 46, par. 5-16.2)
 9        Sec. 5-16.2.  (a) The  county  clerk  shall  appoint  all
10    municipal  and  township  clerks  or  their  duly  authorized
11    deputies as deputy registrars who may accept the registration
12    of  all  qualified  residents of their respective counties. A
13    deputy registrar serving as such by virtue of his status as a
14    municipal clerk, or a duly authorized deputy of  a  municipal
15    clerk,  of a municipality the territory of which lies in more
16    than one county may accept the registration of any  qualified
17    resident  of any county in which the municipality is located,
18    regardless of which county the resident, municipal  clerk  or
19    the duly authorized deputy of the municipal clerk lives in.
20        The    county    clerk   shall   appoint   all   precinct
21    committeepersons in the county as deputy registrars  who  may
22    accept  the  registration  of  any  qualified resident of the
23    county, except during the 27 days preceding an election.
24        The election authority shall appoint as deputy registrars
25    a reasonable number of employees of the  Secretary  of  State
26    located   at   driver's   license  examination  stations  and
27    designated to the election  authority  by  the  Secretary  of
28    State  who  may  accept  the  registration  of  any qualified
29    residents  of  the  county  at  any  such  driver's   license
30    examination  stations.  The  appointment  of employees of the
31    Secretary of State as deputy registrars shall be made in  the
32    manner  provided  in  Section  2-105  of the Illinois Vehicle
33    Code.
 
                            -29-     LRB093 07599 BDD 16859 a
 1        The county clerk shall  appoint  each  of  the  following
 2    named  persons  as deputy registrars upon the written request
 3    of such persons:
 4             1.  The  chief  librarian,  or  a  qualified  person
 5        designated by the chief librarian, of any public  library
 6        situated within the election jurisdiction, who may accept
 7        the  registrations  of  any  qualified  resident  of  the
 8        county, at such library.
 9             2.  The  principal, or a qualified person designated
10        by the principal, of any high school, elementary  school,
11        or   vocational   school  situated  within  the  election
12        jurisdiction, who may accept  the  registrations  of  any
13        resident  of the county, at such school. The county clerk
14        shall notify every principal and vice-principal  of  each
15        high  school,  elementary  school,  and vocational school
16        situated  within  the  election  jurisdiction  of   their
17        eligibility  to  serve  as  deputy  registrars  and offer
18        training courses for  service  as  deputy  registrars  at
19        conveniently  located  facilities at least 4 months prior
20        to every election.
21             3.  The president, or a qualified person  designated
22        by  the  president, of any university, college, community
23        college,  academy  or  other  institution   of   learning
24        situated within the election jurisdiction, who may accept
25        the  registrations of any resident of the county, at such
26        university,  college,  community  college,   academy   or
27        institution.
28             4.  A  duly  elected or appointed official of a bona
29        fide  labor  organization,  or  a  reasonable  number  of
30        qualified members designated by such  official,  who  may
31        accept the registrations of any qualified resident of the
32        county.
33             5.  A  duly  elected or appointed official of a bona
34        fide State civic organization, as defined and  determined
 
                            -30-     LRB093 07599 BDD 16859 a
 1        by  rule  of  the  State Board of Elections, or qualified
 2        members designated by such official, who may  accept  the
 3        registration  of any qualified resident of the county. In
 4        determining the number of deputy registrars that shall be
 5        appointed, the county clerk shall consider the population
 6        of the jurisdiction, the size of  the  organization,  the
 7        geographic  size of the jurisdiction, convenience for the
 8        public, the existing number of deputy registrars  in  the
 9        jurisdiction   and   their   location,  the  registration
10        activities of the organization and the  need  to  appoint
11        deputy   registrars   to   assist   and   facilitate  the
12        registration of non-English speaking individuals.  In  no
13        event  shall  a  county  clerk  fix  an  arbitrary number
14        applicable  to  every   civic   organization   requesting
15        appointment  of  its  members  as  deputy registrars. The
16        State Board  of  Elections  shall  by  rule  provide  for
17        certification  of  bona  fide  State civic organizations.
18        Such appointments shall be  made  for  a  period  not  to
19        exceed  2 years, terminating on the first business day of
20        the month following the month of  the  general  election,
21        and  shall be valid for all periods of voter registration
22        as provided  by  this  Code  during  the  terms  of  such
23        appointments.
24             6.  The  Director  of  the  Illinois  Department  of
25        Public   Aid,   or   a  reasonable  number  of  employees
26        designated by the Director  and  located  at  public  aid
27        offices, who may accept the registration of any qualified
28        resident of the county at any such public aid office.
29             7.  The  Director  of  the  Illinois  Department  of
30        Employment  Security, or a reasonable number of employees
31        designated by the Director and  located  at  unemployment
32        offices, who may accept the registration of any qualified
33        resident of the county at any such unemployment office.
34             8.  The  president  of any corporation as defined by
 
                            -31-     LRB093 07599 BDD 16859 a
 1        the Business Corporation Act of  1983,  or  a  reasonable
 2        number of employees designated by such president, who may
 3        accept the registrations of any qualified resident of the
 4        county.
 5        If  the  request  to  be appointed as deputy registrar is
 6    denied, the county clerk shall, within 10 days after the date
 7    the request is submitted, provide the affected individual  or
 8    organization  with  written notice setting forth the specific
 9    reasons or criteria relied upon to deny  the  request  to  be
10    appointed as deputy registrar.
11        The  county  clerk  may appoint as many additional deputy
12    registrars as he considers necessary. The county clerk  shall
13    appoint such additional deputy registrars in such manner that
14    the   convenience   of  the  public  is  served,  giving  due
15    consideration to  both  population  concentration  and  area.
16    Some of the additional deputy registrars shall be selected so
17    that  there  are  an  equal  number  from each of the 2 major
18    political parties in the election jurisdiction.   The  county
19    clerk,  in  appointing  an additional deputy registrar, shall
20    make the appointment from a list of applicants  submitted  by
21    the   Chairman   of  the  County  Central  Committee  of  the
22    applicant's political party.  A Chairman of a County  Central
23    Committee  shall  submit  a  list of applicants to the county
24    clerk by November 30 of each  year.   The  county  clerk  may
25    require a Chairman of a County Central Committee to furnish a
26    supplemental list of applicants.
27        Deputy  registrars  may  accept registrations at any time
28    other than the 27  day  period  preceding  an  election.  All
29    persons  appointed  as deputy registrars shall be  registered
30    voters within the county and shall take and subscribe to  the
31    following oath or affirmation:
32        "I do solemnly swear (or affirm, as the case may be) that
33    I will support the Constitution of the United States, and the
34    Constitution  of  the  State  of  Illinois,  and  that I will
 
                            -32-     LRB093 07599 BDD 16859 a
 1    faithfully discharge the  duties  of  the  office  of  deputy
 2    registrar  to the best of my ability and that I will register
 3    no person nor cause the registration  of  any  person  except
 4    upon his personal application before me.
 5                                  ...............................
 6                                 (Signature of Deputy Registrar)"
 7        This  oath  shall be administered by the county clerk, or
 8    by one of his deputies, or by any person  qualified  to  take
 9    acknowledgement  of deeds and shall immediately thereafter be
10    filed with the county clerk.
11        Appointments of deputy  registrars  under  this  Section,
12    except  precinct  committeemen,  shall  be  for 2-year terms,
13    commencing on December 1 following the  general  election  of
14    each even-numbered year, except that the terms of the initial
15    appointments  shall  be until December 1st following the next
16    general  election.   Appointments  of  precinct  committeemen
17    shall be for 2-year terms  commencing  on  the  date  of  the
18    county convention following the general primary at which they
19    were  elected.  The county clerk shall issue a certificate of
20    appointment to each deputy registrar, and shall  maintain  in
21    his  office  for public inspection a list of the names of all
22    appointees.
23        (b)  The county clerk shall be responsible  for  training
24    all  deputy  registrars appointed pursuant to subsection (a),
25    at times and locations reasonably  convenient  for  both  the
26    county  clerk and such appointees.  The county clerk shall be
27    responsible  for  certifying  and  supervising   all   deputy
28    registrars  appointed  pursuant  to  subsection  (a).  Deputy
29    registrars appointed under subsection (a) shall be subject to
30    removal for cause.
31        (c)  Completed registration materials under  the  control
32    of  deputy  registrars, appointed pursuant to subsection (a),
33    shall be returned to the proper election authority  within  7
34    days,  except  that completed registration materials received
 
                            -33-     LRB093 07599 BDD 16859 a
 1    by the deputy registrars during the period between  the  35th
 2    and  28th  day preceding an election shall be returned by the
 3    deputy registrars to the proper election authority within  48
 4    hours  after  receipt  thereof.   The  completed registration
 5    materials received by the deputy registrars on the  28th  day
 6    preceding  an  election  shall  be  returned  by  the  deputy
 7    registrars  within  24  hours  after  receipt thereof. Unused
 8    materials shall be returned by  deputy  registrars  appointed
 9    pursuant to paragraph 4 of subsection (a), not later than the
10    next working day following the close of registration.
11        (d)  The county clerk or board of election commissioners,
12    as  the  case  may  be,  must  provide  any  additional forms
13    requested by any deputy registrar regardless of the number of
14    unaccounted registration forms the deputy registrar may  have
15    in  his  or  her  possession.  The  county clerk shall not be
16    required to provide additional forms to any deputy  registrar
17    having  more  than  200  registration  forms  unaccounted for
18    during the preceding 12 month period.
19        (e)  No   deputy   registrar   shall   engage   in    any
20    electioneering  or  the  promotion  of  any  cause during the
21    performance of his or her duties.
22        (f)  The county clerk shall not be criminally or  civilly
23    liable  for  the  acts  or omissions of any deputy registrar.
24    Such deputy registers shall not be deemed to be employees  of
25    the county clerk.
26    (Source: P.A. 92-816, eff. 8-21-02.)

27        (10 ILCS 5/5-43)
28        Sec. 5-43.  Computerization of voter records.
29        (a)  The   State   Board  of  Elections  shall  design  a
30    registration record card that, except as  otherwise  provided
31    in  this  Section, shall be used in duplicate by all election
32    authorities in the  State  adopting  a  computer-based  voter
33    registration  file  as  provided  in this Section.  The Board
 
                            -34-     LRB093 07599 BDD 16859 a
 1    shall prescribe the form and  specifications,  including  but
 2    not  limited  to the weight of paper, color, and print of the
 3    cards.  The cards shall  contain  boxes  or  spaces  for  the
 4    information  required under Sections 5-7 and 5-28.1; provided
 5    that the cards shall also contain: (i) A space for the person
 6    to fill in his or her Illinois driver's license number if the
 7    person has a driver's license; (ii)  A  space  for  a  person
 8    without a driver's license to fill in the last four digits of
 9    his  or her social security number if the person has a social
10    security number card a  box  or  space  for  the  applicant's
11    social security number, which shall be required to the extent
12    allowed  by  law  but  in no case shall the applicant provide
13    fewer than the last 4 digits of the social  security  number,
14    and a box for the applicant's telephone number, if available.
15        (b)  The  election  authority may develop and implement a
16    system to prepare, use, and maintain a  computer-based  voter
17    registration  file  that  includes a computer-stored image of
18    the  signature  of  each  voter.   The  computer-based  voter
19    registration file may be used for all purposes for which  the
20    original  registration  cards are to be used, provided that a
21    system for the storage of at least one copy of  the  original
22    registration  cards  remains  in effect.  The electronic file
23    shall be the master file.
24        (c)  Any  system  created,  used,  and  maintained  under
25    subsection (b) of  this  Section  shall  meet  the  following
26    standards:
27             (1)  Access to any computer-based voter registration
28        file  shall be limited to those persons authorized by the
29        election authority, and each access to the computer-based
30        voter registration file, other than an access solely  for
31        inquiry, shall be recorded.
32             (2)  No  copy,  summary, list, abstract, or index of
33        any computer-based voter registration file that  includes
34        any   computer-stored  image  of  the  signature  of  any
 
                            -35-     LRB093 07599 BDD 16859 a
 1        registered voter shall be made available  to  the  public
 2        outside of the offices of the election authority.
 3             (3)  Any  copy, summary, list, abstract, or index of
 4        any computer-based voter registration file that  includes
 5        a  computer-stored image of the signature of a registered
 6        voter shall be produced in such a manner that  it  cannot
 7        be reproduced.
 8             (4)  Each  person  desiring  to  vote  shall sign an
 9        application for a ballot, and  the  signature  comparison
10        authorized in Articles 17 and 18 of this Code may be made
11        to  a  copy of the computer-stored image of the signature
12        of the registered voter.
13             (5)  Any voter list produced from  a  computer-based
14        voter  registration  file  that  includes computer-stored
15        images of the signatures of registered voters and is used
16        in a polling place during an election shall be  preserved
17        by the election authority in secure storage until the end
18        of  the  second  calendar  year following the election in
19        which it was used.
20        (d)  Before the first  election  in  which  the  election
21    authority  elects  to  use  a  voter  list  produced from the
22    computer-stored images of the signatures of registered voters
23    in a computer-based voter  registration  file  for  signature
24    comparison  in  a polling place, the State Board of Elections
25    shall certify that the system used by the election  authority
26    complies  with  the standards set forth in this Section.  The
27    State Board of Elections  may  request  a  sample  poll  list
28    intended  to  be used in a polling place to test the accuracy
29    of the list and the adequacy of the computer-stored images of
30    the signatures of the registered voters.
31        (e)  With respect to a jurisdiction that has  copied  all
32    of  its  voter  signatures into a computer-based registration
33    file, all references in this Act or any other Act to the use,
34    other than storage, of paper-based voter registration records
 
                            -36-     LRB093 07599 BDD 16859 a
 1    shall be deemed to refer to their computer-based equivalents.
 2        (f)  Nothing  in  this  Section  prevents   an   election
 3    authority  from  submitting to the State Board of Elections a
 4    duplicate copy of some, as the State Board of Elections shall
 5    determine, or  all  of  the  data  contained  in  each  voter
 6    registration  record  that  is  part of the electronic master
 7    file. The duplicate copy of the registration record shall  be
 8    maintained  by  the  State  Board of Elections under the same
 9    terms and limitations applicable to  the  election  authority
10    and  shall  be  of  equal  legal  dignity  with  the original
11    registration record maintained by the election  authority  as
12    proof of any fact contained in the voter registration record.
13    (Source: P.A. 91-73, eff. 7-9-99.)

14        (10 ILCS 5/6-35) (from Ch. 46, par. 6-35)
15        Sec.  6-35.  The  Boards  of Election Commissioners shall
16    provide  a  sufficient  number  of  blank   forms   for   the
17    registration of electors which shall be known as registration
18    record  cards and which shall consist of loose leaf sheets or
19    cards, of suitable size  to  contain  in  plain  writing  and
20    figures  the  data  hereinafter  required  thereon  or  shall
21    consist  of  computer cards of suitable nature to contain the
22    data required thereon. The registration record  cards,  which
23    shall  include  an  affidavit  of registration as hereinafter
24    provided, shall be executed in duplicate.  The  duplicate  of
25    which  may  be a carbon copy of the original or a copy of the
26    original made by the use of other method or material used for
27    making simultaneous true copies or duplications.
28        The registration record card shall contain the  following
29    and   such   other  information  as  the  Board  of  Election
30    Commissioners  may  think  it  proper  to  require  for   the
31    identification of the applicant for registration:
32        Name.   The  name  of  the  applicant, giving surname and
33    first or Christian name in full, and the middle name  or  the
 
                            -37-     LRB093 07599 BDD 16859 a
 1    initial for such middle name, if any.
 2        Sex.
 3        Residence.  The name and number of the street, avenue, or
 4    other location of the dwelling, including the apartment, unit
 5    or  room number, if any, and in the case of a mobile home the
 6    lot  number,  and  such   additional   clear   and   definite
 7    description  as  may  be  necessary  to  determine  the exact
 8    location  of  the  dwelling  of  the   applicant,   including
 9    post-office  mailing  address.  In  the  case  of  a homeless
10    individual, the individual's voting residence that is his  or
11    her   mailing  address  shall  be  included  on  his  or  her
12    registration record card.
13        Term of residence  in  the  State  of  Illinois  and  the
14    precinct.
15        Nativity.   The  state  or country in which the applicant
16    was born.
17        Citizenship.  Whether the applicant  is  native  born  or
18    naturalized.  If  naturalized,  the court, place, and date of
19    naturalization.
20        Date of application  for  registration,  i.e.,  the  day,
21    month  and  year  when  the  applicant  presented himself for
22    registration.
23        Age.  Date of birth, by month, day and year.
24        Physical disability of the applicant, if any, at the time
25    of registration, which would require assistance in voting.
26        The county and state in  which  the  applicant  was  last
27    registered.
28        Signature  of  voter.   The applicant, after registration
29    and in the presence of a deputy registrar or other officer of
30    registration shall be required to sign his or her name in ink
31    to the affidavit on  both  the  original  and  the  duplicate
32    registration record card.
33        Signature of deputy registrar.
34        In  case  applicant  is  unable  to sign his name, he may
 
                            -38-     LRB093 07599 BDD 16859 a
 1    affix  his  mark  to  the  affidavit.   In  such   case   the
 2    registration  officer  shall  write a detailed description of
 3    the applicant in the space provided at the bottom of the card
 4    or sheet; and shall ask the following  questions  and  record
 5    the answers thereto:
 6        Father's first name .........................
 7        Mother's first name .........................
 8        From what address did you last register? ....
 9        Reason for inability to sign name ...........
10        Each  applicant  for registration shall make an affidavit
11    in substantially the following form:
12                      AFFIDAVIT OF REGISTRATION
13    State of Illinois  )
14                       )ss
15    County of .......  )
16        I hereby swear (or affirm) that I am  a  citizen  of  the
17    United  States,  that on the day of the next election I shall
18    have resided in the State of Illinois  and  in  the  election
19    precinct  30  days and that I intend that this location is my
20    residence; that I am fully qualified to vote,  and  that  the
21    above statements are true.
22                                   ..............................
23                                   (His or her signature or mark)
24        Subscribed and sworn to before me on (insert date).
25    ......................................
26        Signature of registration officer
27    (to be signed in presence of registrant).
28        Space   shall   be   provided   upon  the  face  of  each
29    registration record card  for  the  notation  of  the  voting
30    record of the person registered thereon.
31        Each registration record card shall be numbered according
32    to  wards  or  precincts,  as  the  case  may  be, and may be
33    serially or  otherwise  marked  for  identification  in  such
34    manner as the Board of Election Commissioners may determine.
 
                            -39-     LRB093 07599 BDD 16859 a
 1        The registration cards shall be deemed public records and
 2    shall  be  open  to inspection during regular business hours,
 3    except during the 27 days immediately preceding any election.
 4    On written request of any candidate or objector or any person
 5    intending to object to a  petition,  the  election  authority
 6    shall  extend  its hours for inspection of registration cards
 7    and other records of the election authority during the period
 8    beginning with the filing of petitions under  Sections  7-10,
 9    8-8,  10-6  or 28-3 and continuing through the termination of
10    electoral board  hearings  on  any  objections  to  petitions
11    containing   signatures   of   registered   voters   in   the
12    jurisdiction  of  the election authority. The extension shall
13    be for  a  period  of  hours  sufficient  to  allow  adequate
14    opportunity  for  examination of the records but the election
15    authority is not required to  extend  its  hours  beyond  the
16    period  beginning  at  its  normal  opening  for business and
17    ending at midnight. If the business hours  are  so  extended,
18    the  election  authority  shall  post a public notice of such
19    extended  hours.  Registration  record  cards  may  also   be
20    inspected,  upon  approval  of  the  officer in charge of the
21    cards, during the 27 days immediately preceding any election.
22    Registration record cards shall also be open to inspection by
23    certified judges and poll watchers  and  challengers  at  the
24    polling  place  on  election  day,  but  only  to  the extent
25    necessary to determine the question of the right of a  person
26    to vote or to serve as a judge of election. At no time  shall
27    poll  watchers or challengers be allowed to physically handle
28    the registration record cards.
29        Updated copies of computer tapes  or  computer  discs  or
30    other electronic data processing information containing voter
31    registration  information  shall be furnished by the Board of
32    Election Commissioners within 10 days after December  15  and
33    May  15  each year and within 10 days after each registration
34    period is closed to the State Board of Elections  in  a  form
 
                            -40-     LRB093 07599 BDD 16859 a
 1    prescribed  by  the  State  Board.  For  the purposes of this
 2    Section, a registration period is closed 27 days  before  the
 3    date   of  any  regular  or  special  election.  Registration
 4    information  shall  include,  but  not  be  limited  to,  the
 5    following  information:  name,  sex,   residence,   telephone
 6    number,  if  any,  age,  party  affiliation,  if  applicable,
 7    precinct,   ward,   township,   county,  and  representative,
 8    legislative and congressional districts.   In  the  event  of
 9    noncompliance,  the  State  Board of Elections is directed to
10    obtain compliance forthwith with this  nondiscretionary  duty
11    of the election authority by instituting legal proceedings in
12    the  circuit  court  of  the  county  in  which  the election
13    authority maintains the registration information.  The  costs
14    of  furnishing updated copies of tapes or discs shall be paid
15    at a rate of $.00034 per name of  registered  voters  in  the
16    election jurisdiction, but not less than $50 per tape or disc
17    and shall be paid from appropriations made to the State Board
18    of  Elections for reimbursement to the election authority for
19    such purpose. The State Board shall furnish  copies  of  such
20    tapes,  discs,  other electronic data or compilations thereof
21    to state political  committees  registered  pursuant  to  the
22    Illinois   Campaign  Finance  Act  or  the  Federal  Election
23    Campaign Act at their request and at a reasonable cost.    To
24    protect the privacy and confidentiality of voter registration
25    information,  the disclosure of electronic voter registration
26    records to any person or entity other than a State  or  local
27    political committee is specifically prohibited. Copies of the
28    tapes,  discs  or other electronic data shall be furnished by
29    the  Board  of  Election  Commissioners  to  local  political
30    committees  at  their  request  and  at  a  reasonable  cost.
31    Reasonable cost of the  tapes,  discs,  et  cetera  for  this
32    purpose  would  be  the  cost  of  duplication  plus  15% for
33    administration.   The  individual  representing  a  political
34    committee requesting copies of such tapes shall make a  sworn
 
                            -41-     LRB093 07599 BDD 16859 a
 1    affidavit  that  the  information shall be used only for bona
 2    fide political purposes, including by or for  candidates  for
 3    office  or  incumbent  office  holders.  Such tapes, discs or
 4    other  electronic  data  shall  not   be   used   under   any
 5    circumstances  by  any political committee or individuals for
 6    purposes  of  commercial  solicitation  or   other   business
 7    purposes.   If  such  tapes  contain  information  on  county
 8    residents  related  to the operations of county government in
 9    addition to registration information, that information  shall
10    not   be   used   under   any  circumstances  for  commercial
11    solicitation or other business purposes.  The prohibition  in
12    this  Section  against  using  the computer tapes or computer
13    discs  or  other  electronic  data   processing   information
14    containing  voter  registration  information  for purposes of
15    commercial solicitation or other business purposes  shall  be
16    prospective  only from the effective date of this amended Act
17    of 1979.   Any person who violates this  provision  shall  be
18    guilty of a Class 4 felony.
19        The State Board of Elections shall promulgate, by October
20    1,  1987,  such  regulations  as  may  be necessary to ensure
21    uniformity throughout the State in electronic data processing
22    of voter registration  information.   The  regulations  shall
23    include,  but  need  not  be  limited  to, specifications for
24    uniform medium, communications protocol and file structure to
25    be employed by the election authorities of this State in  the
26    electronic data processing of voter registration information.
27    Each  election authority utilizing electronic data processing
28    of voter registration  information  shall  comply  with  such
29    regulations on and after May 15, 1988.
30        If  the applicant for registration was last registered in
31    another county within  this  State,  he  shall  also  sign  a
32    certificate    authorizing   cancellation   of   the   former
33    registration. The certificate shall be in  substantially  the
34    following form:
 
                            -42-     LRB093 07599 BDD 16859 a
 1    To the County Clerk of .... County, Illinois.
 2    To the Election Commission of the City of ...., Illinois.
 3        This  is to certify that I am registered in your (county)
 4    (city) and that my residence was .....   Having moved out  of
 5    your  (county), (city), I hereby authorize you to cancel that
 6    registration in your office.
 7        Dated at ...., Illinois, on (insert date).
 8                                             ....................
 9                                             (Signature of Voter)
10        Attest ....,  Clerk,  Election  Commission  of  the  City
11    of...., Illinois.
12        The  cancellation certificate shall be mailed immediately
13    by the clerk of the Election Commission to the county  clerk,
14    (or  Election  Commission  as  the  case  may  be)  where the
15    applicant  was   formerly   registered.   Receipt   of   such
16    certificate  shall  be full authority for cancellation of any
17    previous registration.
18    (Source: P.A. 91-357,  eff.  7-29-99;  92-465,  eff.  1-1-02;
19    92-816, eff. 8-21-02.)

20        (10 ILCS 5/6-50.2) (from Ch. 46, par. 6-50.2)
21        Sec.  6-50.2.  (a)  The  board  of election commissioners
22    shall appoint all precinct committeepersons in  the  election
23    jurisdiction   as   deputy  registrars  who  may  accept  the
24    registration  of  any  qualified  resident  of  the  election
25    jurisdiction,  except  during  the  27  days   preceding   an
26    election.
27        The election authority shall appoint as deputy registrars
28    a  reasonable  number  of employees of the Secretary of State
29    located  at  driver's  license   examination   stations   and
30    designated  to  the  election  authority  by the Secretary of
31    State who  may  accept  the  registration  of  any  qualified
32    residents   of  the  county  at  any  such  driver's  license
33    examination stations.  The appointment of  employees  of  the
 
                            -43-     LRB093 07599 BDD 16859 a
 1    Secretary  of State as deputy registrars shall be made in the
 2    manner provided in Section  2-105  of  the  Illinois  Vehicle
 3    Code.
 4        The board of election commissioners shall appoint each of
 5    the  following  named  persons  as deputy registrars upon the
 6    written request of such persons:
 7             1.  The  chief  librarian,  or  a  qualified  person
 8        designated by the chief librarian, of any public  library
 9        situated within the election jurisdiction, who may accept
10        the  registrations  of  any  qualified  resident  of  the
11        election jurisdiction, at such library.
12             2.  The  principal, or a qualified person designated
13        by the principal, of any high school, elementary  school,
14        or   vocational   school  situated  within  the  election
15        jurisdiction, who may accept  the  registrations  of  any
16        resident  of  the  election jurisdiction, at such school.
17        The board of election commissioners  shall  notify  every
18        principal   and   vice-principal  of  each  high  school,
19        elementary school, and vocational school situated in  the
20        election  jurisdiction  of  their eligibility to serve as
21        deputy registrars and offer training courses for  service
22        as  deputy  registrars at conveniently located facilities
23        at least 4 months prior to every election.
24             3.  The president, or a qualified person  designated
25        by  the  president, of any university, college, community
26        college,  academy  or  other  institution   of   learning
27        situated within the election jurisdiction, who may accept
28        the   registrations  of  any  resident  of  the  election
29        jurisdiction,  at  such  university,  college,  community
30        college, academy or institution.
31             4.  A duly elected or appointed official of  a  bona
32        fide  labor  organization,  or  a  reasonable  number  of
33        qualified  members  designated  by such official, who may
34        accept the registrations of any qualified resident of the
 
                            -44-     LRB093 07599 BDD 16859 a
 1        election jurisdiction.
 2             5.  A duly elected or appointed official of  a  bona
 3        fide  State civic organization, as defined and determined
 4        by rule of the State Board  of  Elections,  or  qualified
 5        members  designated  by such official, who may accept the
 6        registration of any qualified resident  of  the  election
 7        jurisdiction.   In   determining  the  number  of  deputy
 8        registrars that shall be appointed, the board of election
 9        commissioners  shall  consider  the  population  of   the
10        jurisdiction,   the   size   of   the  organization,  the
11        geographic size of the jurisdiction, convenience for  the
12        public,  the  existing number of deputy registrars in the
13        jurisdiction  and  their   location,   the   registration
14        activities  of  the  organization and the need to appoint
15        deputy  registrars   to   assist   and   facilitate   the
16        registration  of  non-English speaking individuals. In no
17        event shall a board  of  election  commissioners  fix  an
18        arbitrary  number  applicable to every civic organization
19        requesting  appointment  of   its   members   as   deputy
20        registrars.  The  State  Board of Elections shall by rule
21        provide  for  certification  of  bona  fide  State  civic
22        organizations. Such appointments  shall  be  made  for  a
23        period  not  to  exceed 2 years, terminating on the first
24        business day of the month  following  the  month  of  the
25        general  election,  and shall be valid for all periods of
26        voter registration as provided by this  Code  during  the
27        terms of such appointments.
28             6.  The  Director  of  the  Illinois  Department  of
29        Public   Aid,   or   a  reasonable  number  of  employees
30        designated by the Director  and  located  at  public  aid
31        offices, who may accept the registration of any qualified
32        resident  of the election jurisdiction at any such public
33        aid office.
34             7.  The  Director  of  the  Illinois  Department  of
 
                            -45-     LRB093 07599 BDD 16859 a
 1        Employment Security, or a reasonable number of  employees
 2        designated  by  the  Director and located at unemployment
 3        offices, who may accept the registration of any qualified
 4        resident  of  the  election  jurisdiction  at  any   such
 5        unemployment  office.  If  the request to be appointed as
 6        deputy  registrar  is  denied,  the  board  of   election
 7        commissioners  shall,  within  10 days after the date the
 8        request is submitted, provide the affected individual  or
 9        organization   with  written  notice  setting  forth  the
10        specific reasons or criteria  relied  upon  to  deny  the
11        request to be appointed as deputy registrar.
12             8.  The  president of any corporation, as defined by
13        the Business Corporation Act of  1983,  or  a  reasonable
14        number of employees designated by such president, who may
15        accept the registrations of any qualified resident of the
16        election jurisdiction.
17        The  board  of election commissioners may appoint as many
18    additional deputy registrars as it considers necessary.   The
19    board of election commissioners shall appoint such additional
20    deputy  registrars in such manner that the convenience of the
21    public is served, giving due consideration to both population
22    concentration  and  area.   Some  of  the  additional  deputy
23    registrars shall be selected  so  that  there  are  an  equal
24    number  from  each  of  the  2 major political parties in the
25    election jurisdiction.  The board of election  commissioners,
26    in  appointing an additional deputy registrar, shall make the
27    appointment from  a  list  of  applicants  submitted  by  the
28    Chairman  of  the County Central Committee of the applicant's
29    political party.  A Chairman of a  County  Central  Committee
30    shall submit a list of applicants to the board by November 30
31    of  each  year.  The board may require a Chairman of a County
32    Central  Committee  to  furnish  a   supplemental   list   of
33    applicants.
34        Deputy  registrars  may  accept registrations at any time
 
                            -46-     LRB093 07599 BDD 16859 a
 1    other than the 27  day  period  preceding  an  election.  All
 2    persons  appointed  as deputy registrars shall be  registered
 3    voters within the election jurisdiction and  shall  take  and
 4    subscribe to the following oath or affirmation:
 5        "I do solemnly swear (or affirm, as the case may be) that
 6    I will support the Constitution of the United States, and the
 7    Constitution  of  the  State  of  Illinois,  and  that I will
 8    faithfully discharge the duties of the office of registration
 9    officer to the best of my ability and that I will register no
10    person nor cause the registration of any person  except  upon
11    his personal application before me.
12                             ....................................
13                             (Signature of Registration Officer)"
14        This  oath  shall be administered and certified to by one
15    of the commissioners or by the executive director or by  some
16    person designated by the board of election commissioners, and
17    shall  immediately  thereafter  be  filed  with  the board of
18    election commissioners.  The members of the board of election
19    commissioners and all persons authorized by  them  under  the
20    provisions  of  this  Article  to  take  registrations, after
21    themselves taking and subscribing  to  the  above  oath,  are
22    authorized  to take or administer such oaths and execute such
23    affidavits as are required by this Article.
24        Appointments of deputy  registrars  under  this  Section,
25    except  precinct  committeemen,  shall  be  for 2-year terms,
26    commencing on December 1 following the  general  election  of
27    each even-numbered year, except that the terms of the initial
28    appointments  shall  be until December 1st following the next
29    general election. Appointments of precinct committeemen shall
30    be for 2-year terms commencing on  the  date  of  the  county
31    convention  following  the general primary at which they were
32    elected.  The county  clerk  shall  issue  a  certificate  of
33    appointment  to  each deputy registrar, and shall maintain in
34    his office for public inspection a list of the names  of  all
 
                            -47-     LRB093 07599 BDD 16859 a
 1    appointees.
 2        (b)  The   board   of  election  commissioners  shall  be
 3    responsible for  training  all  deputy  registrars  appointed
 4    pursuant to subsection (a), at times and locations reasonably
 5    convenient  for  both the board of election commissioners and
 6    such appointees.  The board of election  commissioners  shall
 7    be  responsible  for  certifying  and  supervising all deputy
 8    registrars appointed  pursuant  to  subsection  (a).   Deputy
 9    registrars appointed under subsection (a) shall be subject to
10    removal for cause.
11        (c)  Completed  registration  materials under the control
12    of deputy registrars appointed  pursuant  to  subsection  (a)
13    shall  be  returned to the proper election authority within 7
14    days, except that completed registration  materials  received
15    by  the  deputy registrars during the period between the 35th
16    and 28th day preceding an election shall be returned  by  the
17    deputy  registrars to the proper election authority within 48
18    hours after  receipt  thereof.   The  completed  registration
19    materials  received  by the deputy registrars on the 28th day
20    preceding  an  election  shall  be  returned  by  the  deputy
21    registrars within 24  hours  after  receipt  thereof.  Unused
22    materials  shall  be  returned by deputy registrars appointed
23    pursuant to paragraph 4 of subsection (a), not later than the
24    next working day following the close of registration.
25        (d)  The county clerk or board of election commissioners,
26    as the  case  may  be,  must  provide  any  additional  forms
27    requested by any deputy registrar regardless of the number of
28    unaccounted  registration forms the deputy registrar may have
29    in his or her possession. The board of election commissioners
30    shall not be required to  provide  additional  forms  to  any
31    deputy  registrar  having  more  than  200 registration forms
32    unaccounted for during the preceding 12 month period.
33        (e)  No   deputy   registrar   shall   engage   in    any
34    electioneering  or  the  promotion  of  any  cause during the
 
                            -48-     LRB093 07599 BDD 16859 a
 1    performance of his or her duties.
 2        (f)  The board of election  commissioners  shall  not  be
 3    criminally or civilly liable for the acts or omissions of any
 4    deputy registrar.  Such deputy registrars shall not be deemed
 5    to be employees of the board of election commissioners.
 6    (Source: P.A. 92-816, eff. 8-21-02.)

 7        (10 ILCS 5/6-79)
 8        Sec. 6-79.  Computerization of voter records.
 9        (a)  The   State   Board  of  Elections  shall  design  a
10    registration record card that, except as  otherwise  provided
11    in  this  Section, shall be used in duplicate by all election
12    authorities in the  State  adopting  a  computer-based  voter
13    registration  file  as  provided  in this Section.  The Board
14    shall prescribe the form and  specifications,  including  but
15    not  limited  to the weight of paper, color, and print of the
16    cards.  The cards shall  contain  boxes  or  spaces  for  the
17    information required under Sections 6-31.1 and 6-35; provided
18    that  the  cards  shall  also  contain:   (i) A space for the
19    person to fill in his or her Illinois driver's license number
20    if the person has a driver's license;  (ii)  A  space  for  a
21    person  without  a  driver's license to fill in the last four
22    digits of his or her social security number if the person has
23    a social  security  number  card  a  box  or  space  for  the
24    applicant's  social  security number, which shall be required
25    to the extent allowed  by  law  but  in  no  case  shall  the
26    applicant  provide fewer than the last 4 digits of the social
27    security number, and a  box  for  the  applicant's  telephone
28    number, if available.
29        (b)  The  election  authority may develop and implement a
30    system to prepare, use, and maintain a  computer-based  voter
31    registration  file  that  includes a computer-stored image of
32    the  signature  of  each  voter.   The  computer-based  voter
33    registration file may be used for all purposes for which  the
 
                            -49-     LRB093 07599 BDD 16859 a
 1    original  registration  cards are to be used, provided that a
 2    system for the storage of at least one copy of  the  original
 3    registration  cards  remains  in  effect. The electronic file
 4    shall be the master file.
 5        (c)  Any  system  created,  used,  and  maintained  under
 6    subsection (b) of  this  Section  shall  meet  the  following
 7    standards:
 8             (1)  Access to any computer-based voter registration
 9        file  shall be limited to those persons authorized by the
10        election authority, and each access to the computer-based
11        voter registration file, other than an access solely  for
12        inquiry, shall be recorded.
13             (2)  No  copy,  summary, list, abstract, or index of
14        any computer-based voter registration file that  includes
15        any   computer-stored  image  of  the  signature  of  any
16        registered voter shall be made available  to  the  public
17        outside of the offices of the election authority.
18             (3)  Any  copy, summary, list, abstract, or index of
19        any computer-based voter registration file that  includes
20        a  computer-stored image of the signature of a registered
21        voter shall be produced in such a manner that  it  cannot
22        be reproduced.
23             (4)  Each  person  desiring  to  vote  shall sign an
24        application for a ballot, and  the  signature  comparison
25        authorized in Articles 17 and 18 of this Code may be made
26        to  a  copy of the computer-stored image of the signature
27        of the registered voter.
28             (5)  Any voter list produced from  a  computer-based
29        voter  registration  file  that  includes computer-stored
30        images of the signatures of registered voters and is used
31        in a polling place during an election shall be  preserved
32        by the election authority in secure storage until the end
33        of  the  second  calendar  year following the election in
34        which it was used.
 
                            -50-     LRB093 07599 BDD 16859 a
 1        (d)  Before the first  election  in  which  the  election
 2    authority  elects  to  use  a  voter  list  produced from the
 3    computer-stored images of the signatures of registered voters
 4    in a computer-based voter  registration  file  for  signature
 5    comparison  in  a polling place, the State Board of Elections
 6    shall certify that the system used by the election  authority
 7    complies  with  the standards set forth in this Section.  The
 8    State Board of Elections  may  request  a  sample  poll  list
 9    intended  to  be used in a polling place to test the accuracy
10    of the list and the adequacy of the computer-stored images of
11    the signatures of the registered voters.
12        (e)  With respect to a jurisdiction that has  copied  all
13    of  its  voter  signatures into a computer-based registration
14    file, all references in this Act or any other Act to the use,
15    other than storage, of paper-based voter registration records
16    shall be deemed to refer to their computer-based equivalents.
17        (f)  Nothing  in  this  Section  prevents   an   election
18    authority  from  submitting to the State Board of Elections a
19    duplicate copy of some, as the State Board of Elections shall
20    determine, or  all  of  the  data  contained  in  each  voter
21    registration  record  that  is  part of the electronic master
22    file. The duplicate copy of the registration record shall  be
23    maintained  by  the  State  Board of Elections under the same
24    terms and limitations applicable to  the  election  authority
25    and  shall  be  of  equal  legal  dignity  with  the original
26    registration record maintained by the election  authority  as
27    proof of any fact contained in the voter registration record.
28    (Source: P.A. 91-73, eff. 7-9-99.)

29        (10 ILCS 5/7-7) (from Ch. 46, par. 7-7)
30        Sec.  7-7.  For  the  purpose  of  making  nominations in
31    certain instances as provided in this Article and  this  Act,
32    the  following committees are authorized and shall constitute
33    the central or managing committees of each  political  party,
 
                            -51-     LRB093 07599 BDD 16859 a
 1    viz: A State central committee, a congressional committee for
 2    each  congressional  district, a county central committee for
 3    each county, a municipal central  committee  for  each  city,
 4    incorporated  town  or  village, a ward committeeman for each
 5    ward in cities containing a population of 500,000 or more;  a
 6    township committeeman for each township or part of a township
 7    that lies outside of cities having a population of 200,000 or
 8    more, in counties having a population of 2,000,000 or more; a
 9    precinct  committeeman for each precinct in counties having a
10    population of less than 2,000,000; a  county  board  district
11    committee  for  each  county  board  district  created  under
12    Division  2-3  of  the  Counties  Code;  a  State's  Attorney
13    committee  for each group of 2 or more counties which jointly
14    elect a State's Attorney; a  Superintendent  of  Multi-County
15    Educational  Service  Region committee for each group of 2 or
16    more counties which  jointly  elect  a  Superintendent  of  a
17    Multi-County  Educational  Service  Region;  and  a  judicial
18    subcircuit   committee  in  Cook  County  for  each  judicial
19    subcircuit in Cook County; and a  board  of  review  election
20    district  committee  for  each  Cook  County  Board of Review
21    election district.
22    (Source: P.A. 87-1052.)

23        (10 ILCS 5/7-8) (from Ch. 46, par. 7-8)
24        Sec. 7-8.  The State central committee shall be  composed
25    of one or two members from each congressional district in the
26    State and shall be elected as follows:
27                       State Central Committee
28        (a)  Within  30  days  after  the  effective date of this
29    amendatory Act of 1983 the State central  committee  of  each
30    political party shall certify to the State Board of Elections
31    which of the following alternatives it wishes to apply to the
32    State central committee of that party.
33        Alternative  A.  At the primary held on the third Tuesday
 
                            -52-     LRB093 07599 BDD 16859 a
 1    in March  1970,  and  at  the  primary  held  every  4  years
 2    thereafter,  each  primary elector may vote for one candidate
 3    of his party for member of the State  central  committee  for
 4    the   congressional  district  in  which  he  resides.    The
 5    candidate receiving the highest  number  of  votes  shall  be
 6    declared   elected   State   central  committeeman  from  the
 7    district. A political party may, in lieu of the foregoing, by
 8    a majority vote of delegates at any State convention of  such
 9    party,  determine  to  thereafter  elect  the  State  central
10    committeemen in the manner following:
11        At  the  county  convention  held by such political party
12    State central committeemen  shall  be  elected  in  the  same
13    manner  as  provided  in  this  Article  for  the election of
14    officers of the county central committee, and  such  election
15    shall  follow  the election of officers of the county central
16    committee.   Each  elected   ward,   township   or   precinct
17    committeeman  shall cast as his vote one vote for each ballot
18    voted in his ward, township, part of a township  or  precinct
19    in  the  last  preceding  primary  election  of his political
20    party. In the case of a county  lying  partially  within  one
21    congressional   district   and   partially   within   another
22    congressional  district,  each  ward,  township  or  precinct
23    committeeman   shall   vote   only   with   respect   to  the
24    congressional district in which his ward, township, part of a
25    township  or  precinct  is  located.   In  the  case   of   a
26    congressional   district  which  encompasses  more  than  one
27    county, each ward, township or precinct committeeman residing
28    within the congressional district shall cast as his vote  one
29    vote  for  each ballot voted in his ward, township, part of a
30    township or precinct in the last preceding  primary  election
31    of  his  political  party  for one candidate of his party for
32    member of the State central committee for  the  congressional
33    district  in which he resides and the Chairman  of the county
34    central committee shall report the results of the election to
 
                            -53-     LRB093 07599 BDD 16859 a
 1    the State Board of Elections. The State  Board  of  Elections
 2    shall  certify  the candidate receiving the highest number of
 3    votes   elected   State   central   committeeman   for   that
 4    congressional district.
 5        The State central committee shall adopt rules to  provide
 6    for  and govern the procedures to be followed in the election
 7    of members of the State central committee.
 8        After the effective date of this amendatory  Act  of  the
 9    91st  General  Assembly,  whenever  a  vacancy  occurs in the
10    office of Chairman of a State central committee,  or  at  the
11    end  of  the  term  of  office of Chairman, the State central
12    committee  of  each  political  party   that   has   selected
13    Alternative  A  shall  elect  a  Chairman  who  shall  not be
14    required to be a member of the State Central Committee.   The
15    Chairman shall be a registered voter in this State and of the
16    same political party as the State central committee.
17        Alternative   B.  Each   congressional  committee  shall,
18    within 30  days  after  the  adoption  of  this  alternative,
19    appoint  a  person  of the sex opposite that of the incumbent
20    member  for  that  congressional  district  to  serve  as  an
21    additional member of the State central committee until his or
22    her successor is elected at the general primary  election  in
23    1986.    Each   congressional   committee   shall  make  this
24    appointment by voting on the basis set forth in paragraph (e)
25    of this  Section.  In  each  congressional  district  at  the
26    general  primary  election  held  in  1986  and every 4 years
27    thereafter, the male candidate receiving the  highest  number
28    of  votes  of  the  party's male candidates for State central
29    committeeman, and the female candidate receiving the  highest
30    number  of  votes  of the party's female candidates for State
31    central  committeewoman,  shall  be  declared  elected  State
32    central committeeman and State  central  committeewoman  from
33    the  district.   At the general primary election held in 1986
34    and every 4 years thereafter, if all a party's candidates for
 
                            -54-     LRB093 07599 BDD 16859 a
 1    State central committeemen or  State  central  committeewomen
 2    from  a  congressional  district  are  of  the  same sex, the
 3    candidate receiving the highest  number  of  votes  shall  be
 4    declared  elected  a  State  central  committeeman  or  State
 5    central  committeewoman  from the district, and, because of a
 6    failure to elect one male and one female to the committee,  a
 7    vacancy  shall  be  declared  to  exist  in the office of the
 8    second  member  of  the  State  central  committee  from  the
 9    district.  This vacancy shall be filled by appointment by the
10    congressional committee  of  the  political  party,  and  the
11    person  appointed  to fill the vacancy shall be a resident of
12    the congressional district and of the sex  opposite  that  of
13    the  committeeman  or  committeewoman  elected at the general
14    primary election.  Each congressional  committee  shall  make
15    this  appointment  by  voting  on  the  basis  set  forth  in
16    paragraph (e) of this Section.
17        The  Chairman  of  a  State central committee composed as
18    provided in this Alternative B  must  be  selected  from  the
19    committee's members.
20        Except  as  provided for in Alternative A with respect to
21    the selection of the Chairman of the State central committee,
22    under both of the foregoing alternatives, the  State  central
23    committee  of  each  political  party  shall  be  composed of
24    members elected or appointed from the  several  congressional
25    districts  of  the  State,  and of no other person or persons
26    whomsoever.  The  members  of  the  State  central  committee
27    shall,  within 30 days after each quadrennial election of the
28    full committee, meet in the city of Springfield and  organize
29    by  electing  a  chairman,  and  may  at such time elect such
30    officers from among their own number (or otherwise), as  they
31    may deem necessary or expedient. The outgoing chairman of the
32    State  central  committee  of the party shall, 10 days before
33    the  meeting,  notify  each  member  of  the  State   central
34    committee  elected  at  the  primary of the time and place of
 
                            -55-     LRB093 07599 BDD 16859 a
 1    such meeting. In the  organization  and  proceedings  of  the
 2    State  central committee, each State central committeeman and
 3    State central committeewoman shall have  one  vote  for  each
 4    ballot  voted  in  his  or  her congressional district by the
 5    primary electors of his or her party at the primary  election
 6    immediately  preceding  the  meeting  of  the  State  central
 7    committee.  Whenever  a  vacancy  occurs in the State central
 8    committee of any political party, the vacancy shall be filled
 9    by  appointment  of  the  chairmen  of  the  county   central
10    committees  of  the  political  party of the counties located
11    within the congressional district in which the vacancy occurs
12    and, if applicable, the ward and township committeemen of the
13    political party in counties of 2,000,000 or more  inhabitants
14    located   within   the   congressional   district.    If  the
15    congressional district  in  which  the  vacancy  occurs  lies
16    wholly  within a county of 2,000,000 or more inhabitants, the
17    ward and township committeemen of the political party in that
18    congressional district shall vote to fill  the  vacancy.   In
19    voting to fill the vacancy, each chairman of a county central
20    committee and each ward and township committeeman in counties
21    of 2,000,000 or more inhabitants shall have one vote for each
22    ballot  voted  in each precinct of the congressional district
23    in which the vacancy exists of his or her  county,  township,
24    or  ward  cast by the primary electors of his or her party at
25    the primary election immediately  preceding  the  meeting  to
26    fill  the vacancy in the State central committee.  The person
27    appointed to fill the vacancy shall  be  a  resident  of  the
28    congressional  district in which the vacancy occurs, shall be
29    a qualified voter, and, in a committee composed  as  provided
30    in  Alternative  B,  shall  be  of the same sex as his or her
31    predecessor. A political party may, by a majority vote of the
32    delegates of any State convention of such party, determine to
33    return to the election  of  State  central  committeeman  and
34    State central committeewoman by the vote of primary electors.
 
                            -56-     LRB093 07599 BDD 16859 a
 1    Any  action  taken by a political party at a State convention
 2    in accordance with this Section  shall  be  reported  to  the
 3    State  Board  of  Elections  by the chairman and secretary of
 4    such convention within 10 days after such action.
 5              Ward, Township and Precinct Committeemen
 6        (b)  At the primary held on the third Tuesday  in  March,
 7    1972,  and  every 4 years thereafter, each primary elector in
 8    cities having a population of 200,000 or over  may  vote  for
 9    one candidate of his party in his ward for ward committeeman.
10    Each  candidate  for  ward committeeman must be a resident of
11    and  in  the  ward  where  he  seeks  to  be   elected   ward
12    committeeman.  The  one  having  the  highest number of votes
13    shall be such ward committeeman of such party for such  ward.
14    At  the  primary election held on the third Tuesday in March,
15    1970, and every 4 years thereafter, each primary  elector  in
16    counties  containing  a  population  of  2,000,000  or  more,
17    outside of cities containing a population of 200,000 or more,
18    may  vote  for  one  candidate  of  his  party  for  township
19    committeeman.  Each  candidate for township committeeman must
20    be a resident of and in the township or part  of  a  township
21    (which  lies outside of a city having a population of 200,000
22    or more, in counties containing a population of 2,000,000  or
23    more),  and  in which township or part of a township he seeks
24    to be elected  township  committeeman.  The  one  having  the
25    highest  number  of votes shall be such township committeeman
26    of such party for such township or part of a township. At the
27    primary held on the third Tuesday in March, 1970 and every  2
28    years  thereafter,  each  primary elector, except in counties
29    having a population of 2,000,000 or over, may  vote  for  one
30    candidate   of   his  party  in  his  precinct  for  precinct
31    committeeman. Each candidate for precinct  committeeman  must
32    be  a bona fide resident of the precinct where he seeks to be
33    elected precinct committeeman. The  one  having  the  highest
34    number  of  votes shall be such precinct committeeman of such
 
                            -57-     LRB093 07599 BDD 16859 a
 1    party for such precinct. The official returns of the  primary
 2    shall  show  the  name  of the committeeman of each political
 3    party.
 4        Terms of Committeemen. All precinct committeemen  elected
 5    under  the  provisions of this Article shall continue as such
 6    committeemen until the date of the primary to be held in  the
 7    second   year  after  their  election.  Except  as  otherwise
 8    provided  in  this  Section   for   certain   State   central
 9    committeemen  who  have  2  year  terms,  all  State  central
10    committeemen,  township  committeemen  and  ward committeemen
11    shall continue as such committeemen until the date of primary
12    to be held in the fourth year after their election.  However,
13    a  vacancy exists in the office of precinct committeeman when
14    a precinct committeeman ceases to reside in the  precinct  in
15    which  he  was  elected  and such precinct committeeman shall
16    thereafter neither have nor exercise any  rights,  powers  or
17    duties  as committeeman in that precinct, even if a successor
18    has not been elected or appointed.
19        (c)  The Multi-Township Central Committee  shall  consist
20    of   the   precinct   committeemen  of  such  party,  in  the
21    multi-township assessing district formed pursuant to  Section
22    2-10  of the Property Tax Code and shall be organized for the
23    purposes set forth in Section 45-25 of the Township Code.  In
24    the   organization  and  proceedings  of  the  Multi-Township
25    Central Committee each precinct committeeman shall  have  one
26    vote  for  each  ballot  voted in his precinct by the primary
27    electors of his party at the primary at which he was elected.
28                      County Central Committee
29        (d)  The county central committee of each political party
30    in  each  county  shall  consist  of  the  various   township
31    committeemen, precinct committeemen and ward committeemen, if
32    any,  of  such  party  in the county. In the organization and
33    proceedings of the county central  committee,  each  precinct
34    committeeman shall have one vote for each ballot voted in his
 
                            -58-     LRB093 07599 BDD 16859 a
 1    precinct  by the primary electors of his party at the primary
 2    at which he was elected;  each  township  committeeman  shall
 3    have  one  vote for each ballot voted in his township or part
 4    of a township as the case may be by the primary  electors  of
 5    his  party  at  the  primary  election  for the nomination of
 6    candidates for election to the General  Assembly  immediately
 7    preceding the meeting of the county central committee; and in
 8    the  organization  and  proceedings  of  the  county  central
 9    committee,  each  ward  committeeman  shall have one vote for
10    each ballot voted in his ward by the primary electors of  his
11    party   at   the  primary  election  for  the  nomination  of
12    candidates for election to the General  Assembly  immediately
13    preceding the meeting of the county central committee.
14       Cook County Board of Review Election District Committee
15        (d-1)  Each  board  of review election district committee
16    of each political party in Cook County shall consist  of  the
17    various  township committeemen and ward committeemen, if any,
18    of that party in the portions of  the  county  composing  the
19    board  of  review election district.  In the organization and
20    proceedings of each of the 3  election  district  committees,
21    each  township  committeeman  shall  have  one  vote for each
22    ballot voted in his or her township or part of a township, as
23    the case may be, by the primary electors of his or her  party
24    at  the primary election immediately preceding the meeting of
25    the board of review election district committee; and  in  the
26    organization  and  proceedings  of  each  of  the  3 election
27    district committees, each ward committeeman  shall  have  one
28    vote for each ballot voted in his or her ward or part of that
29    ward,  as  the case may be, by the primary electors of his or
30    her party at the primary election immediately  preceding  the
31    meeting of the board of review election district committee.
32                       Congressional Committee
33        (e)  The  congressional  committee  of each party in each
34    congressional district shall be composed of the  chairmen  of
 
                            -59-     LRB093 07599 BDD 16859 a
 1    the  county  central committees of the counties composing the
 2    congressional  district,   except   that   in   congressional
 3    districts wholly within the territorial limits of one county,
 4    or partly within 2 or more counties, but not coterminous with
 5    the  county  lines  of  all  of  such  counties, the precinct
 6    committeemen, township committeemen and ward committeemen, if
 7    any, of the  party  representing  the  precincts  within  the
 8    limits  of  the  congressional  district,  shall  compose the
 9    congressional committee. A State central committeeman in each
10    district shall be a  member  and  the  chairman  or,  when  a
11    district  has  2 State central committeemen, a co-chairman of
12    the congressional committee, but shall not have the right  to
13    vote except in case of a tie.
14        In  the  organization  and  proceedings  of congressional
15    committees composed  of  precinct  committeemen  or  township
16    committeemen   or   ward  committeemen,  or  any  combination
17    thereof, each precinct committeeman shall have one  vote  for
18    each  ballot voted in his precinct by the primary electors of
19    his party at the  primary  at  which  he  was  elected,  each
20    township  committeeman  shall  have  one vote for each ballot
21    voted in his township or part of a township as the  case  may
22    be  by  the  primary  electors  of  his  party at the primary
23    election   immediately   preceding   the   meeting   of   the
24    congressional committee, and  each  ward  committeeman  shall
25    have  one  vote for each ballot voted in each precinct of his
26    ward located in such congressional district  by  the  primary
27    electors  of  his  party  at the primary election immediately
28    preceding the meeting of the congressional committee; and  in
29    the  organization and proceedings of congressional committees
30    composed of the chairmen of the county central committees  of
31    the  counties  within  such  district,  each chairman of such
32    county central committee shall have one vote for each  ballot
33    voted  in  his county by the primary electors of his party at
34    the primary election immediately preceding the meeting of the
 
                            -60-     LRB093 07599 BDD 16859 a
 1    congressional committee.
 2                     Judicial District Committee
 3        (f)  The judicial district committee  of  each  political
 4    party  in  each  judicial  district  shall be composed of the
 5    chairman of the county central  committees  of  the  counties
 6    composing the judicial district.
 7        In  the organization and proceedings of judicial district
 8    committees composed of the chairmen  of  the  county  central
 9    committees   of  the  counties  within  such  district,  each
10    chairman of such county central committee shall have one vote
11    for each ballot voted in his county by the  primary  electors
12    of  his  party  at the primary election immediately preceding
13    the meeting of the judicial district committee.
14                       Circuit Court Committee
15        (g)  The circuit court committee of each political  party
16    in  each  judicial  circuit  outside  Cook  County  shall  be
17    composed  of the chairmen of the county central committees of
18    the counties composing the judicial circuit.
19        In the organization  and  proceedings  of  circuit  court
20    committees, each chairman of a county central committee shall
21    have  one  vote  for  each  ballot voted in his county by the
22    primary  electors  of  his  party  at  the  primary  election
23    immediately  preceding  the  meeting  of  the  circuit  court
24    committee.
25                    Judicial Subcircuit Committee
26        (g-1)  The  judicial   subcircuit   committee   of   each
27    political  party  in  each judicial subcircuit in Cook County
28    shall be composed of the ward and  township  committeemen  of
29    the townships and wards composing the judicial subcircuit.
30        In  the  organization  and  proceedings  of each judicial
31    subcircuit committee, each township committeeman  shall  have
32    one  vote  for each ballot voted in his township or part of a
33    township, as the case may be, in the judicial  subcircuit  by
34    the  primary  electors  of  his party at the primary election
 
                            -61-     LRB093 07599 BDD 16859 a
 1    immediately preceding the meeting of the judicial  subcircuit
 2    committee; and each ward committeeman shall have one vote for
 3    each  ballot voted in his ward or part of a ward, as the case
 4    may be, in the judicial subcircuit by the primary electors of
 5    his party at the primary election immediately  preceding  the
 6    meeting of the judicial subcircuit committee.
 7                     Municipal Central Committee
 8        (h)  The  municipal  central  committee of each political
 9    party shall be composed of the  precinct,  township  or  ward
10    committeemen,  as the case may be, of such party representing
11    the precincts or wards, embraced in such  city,  incorporated
12    town  or  village.  The  voting  strength  of  each precinct,
13    township  or  ward  committeeman  on  the  municipal  central
14    committee shall be the same as his  voting  strength  on  the
15    county central committee.
16        For  political  parties, other than a statewide political
17    party, established only within a  municipality  or  township,
18    the   municipal  or  township  managing  committee  shall  be
19    composed of the  party  officers  of  the  local  established
20    party.  The party officers of a local established party shall
21    be  as  follows: the chairman and secretary of the caucus for
22    those municipalities and townships authorized by  statute  to
23    nominate  candidates  by caucus shall serve as party officers
24    for the purpose of  filling  vacancies  in  nomination  under
25    Section  7-61; for municipalities and townships authorized by
26    statute or ordinance to nominate candidates by  petition  and
27    primary  election,  the  party  officers shall be the party's
28    candidates who are nominated at the  primary.   If  no  party
29    primary  was  held  because of the provisions of Section 7-5,
30    vacancies in  nomination  shall  be  filled  by  the  party's
31    remaining candidates who shall serve as the party's officers.
32                               Powers
33        (i)  Each  committee  and  its  officers  shall  have the
34    powers usually  exercised  by  such  committees  and  by  the
 
                            -62-     LRB093 07599 BDD 16859 a
 1    officers  thereof,  not  inconsistent  with the provisions of
 2    this Article. The  several  committees  herein  provided  for
 3    shall  not  have  power  to  delegate any of their powers, or
 4    functions to any other person, officer or committee, but this
 5    shall not be construed to prevent a committee from appointing
 6    from its own membership proper and necessary subcommittees.
 7        (j)  The State central committee  of  a  political  party
 8    which  elects it members by Alternative B under paragraph (a)
 9    of this Section shall adopt a plan  to  give  effect  to  the
10    delegate  selection rules of the national political party and
11    file a copy of such plan with the State  Board  of  Elections
12    when approved by a national political party.
13        (k)  For  the  purpose of the designation of a proxy by a
14    Congressional Committee to vote in place of an  absent  State
15    central  committeeman  or  committeewoman  at meetings of the
16    State central committee of a political party which elects its
17    members by Alternative B under paragraph (a) of this Section,
18    the proxy shall be appointed by the  vote  of  the  ward  and
19    township  committeemen,  if  any,  of the wards and townships
20    which lie entirely  or  partially  within  the  Congressional
21    District  from which the absent State central committeeman or
22    committeewoman was elected and the vote of  the  chairmen  of
23    the  county  central  committees  of those counties which lie
24    entirely or partially within that Congressional District  and
25    in  which  there  are  no ward or township committeemen. When
26    voting for such proxy the county chairman, ward  committeeman
27    or  township  committeeman, as the case may be shall have one
28    vote for each ballot voted in his county, ward  or  township,
29    or  portion thereof within the Congressional District, by the
30    primary electors of his party at the primary at which he  was
31    elected.  However,  the  absent State central committeeman or
32    committeewoman may designate a proxy when  permitted  by  the
33    rules  of  a  political  party  which  elects  its members by
34    Alternative B under paragraph (a) of this Section.
 
                            -63-     LRB093 07599 BDD 16859 a
 1    (Source: P.A. 90-627, eff. 7-10-98; 91-426, eff. 8-6-99.)

 2        (10 ILCS 5/7-10) (from Ch. 46, par. 7-10)
 3        Sec. 7-10.  Form of petition for nomination. The name  of
 4    no  candidate  for nomination, or State central committeeman,
 5    or township committeeman, or precinct committeeman,  or  ward
 6    committeeman  or candidate for delegate or alternate delegate
 7    to national nominating conventions, shall be printed upon the
 8    primary ballot unless a  petition  for  nomination  has  been
 9    filed   in   his  behalf  as  provided  in  this  Article  in
10    substantially the following form:
11        We, the undersigned, members of and affiliated  with  the
12    ....  party and qualified primary electors of the .... party,
13    in the .... of ...., in the  county  of  ....  and  State  of
14    Illinois,  do hereby petition that the following named person
15    or persons shall be a candidate or  candidates  of  the  ....
16    party  for the nomination for (or in case of committeemen for
17    election to) the office or offices hereinafter specified,  to
18    be  voted  for  at the primary election to be held on (insert
19    date).
20             Name             Office                Address
21        John Jones           Governor           Belvidere, Ill.
22       Thomas Smith      Attorney General        Oakland, Ill.

23    Name..................         Address.......................

24    State of Illinois)
25                     ) ss.
26    County of........)
27        I, ...., do hereby certify that  I  reside  at  No.  ....
28    street,  in  the  ....  of ...., county of ...., and State of
29    ....., that I am 18 years of  age  or  older,  that  I  am  a
30    citizen of the United States, and that the signatures on this
31    sheet  were  signed in my presence, and are genuine, and that
32    to the best of my knowledge and belief the persons so signing
 
                            -64-     LRB093 07599 BDD 16859 a
 1    were at the time of signing the petitions qualified voters of
 2    the .... party, and  that  their  respective  residences  are
 3    correctly stated, as above set forth.
 4                                        .........................
 5        Subscribed and sworn to before me on (insert date).
 6                                        .........................

 7        Each  sheet  of  the petition other than the statement of
 8    candidacy and candidate's statement shall be of uniform  size
 9    and   shall   contain  above  the  space  for  signatures  an
10    appropriate heading giving the  information  as  to  name  of
11    candidate  or  candidates,  in  whose behalf such petition is
12    signed; the office, the political party represented and place
13    of residence; and the heading of  each  sheet  shall  be  the
14    same.
15        Such  petition  shall  be  signed  by  qualified  primary
16    electors  residing  in  the  political division for which the
17    nomination is sought in their own  proper  persons  only  and
18    opposite  the signature of each signer, his residence address
19    shall be written or printed.  The residence address  required
20    to  be  written  or  printed  opposite each qualified primary
21    elector's name shall include  the  street  address  or  rural
22    route  number  of  the signer, as the case may be, as well as
23    the signer's county, and city, village or  town,  and  state.
24    However  the  county  or  city, village or town, and state of
25    residence of the electors may  be  printed  on  the  petition
26    forms  where  all of the electors signing the petition reside
27    in the same county or  city,  village  or  town,  and  state.
28    Standard  abbreviations  may be used in writing the residence
29    address, including street number, if any.  At the  bottom  of
30    each  sheet  of  such  petition  shall  be added a circulator
31    statement signed by a person 18 years of age or older who  is
32    a citizen of the United States, stating the street address or
33    rural  route  number,  as  the  case  may  be, as well as the
34    county, city, village or town, and state; and certifying that
 
                            -65-     LRB093 07599 BDD 16859 a
 1    the signatures on that sheet of the petition were  signed  in
 2    his  or  her  presence and certifying that the signatures are
 3    genuine; and either (1) indicating the dates  on  which  that
 4    sheet  was  circulated,  or (2) indicating the first and last
 5    dates on which the sheet was circulated,  or  (3)  certifying
 6    that  none  of  the  signatures on the sheet were signed more
 7    than 90 days preceding the last day for  the  filing  of  the
 8    petition  and  certifying  that  to  the  best  of his or her
 9    knowledge  and belief the persons so signing were at the time
10    of signing the petitions qualified voters  of  the  political
11    party  for which a nomination is sought. Such statement shall
12    be sworn to before  some  officer  authorized  to  administer
13    oaths in this State.
14        No  petition  sheet shall be circulated more than 90 days
15    preceding the last day  provided  in  Section  7-12  for  the
16    filing of such petition.
17        The  person circulating the petition, or the candidate on
18    whose behalf the  petition  is  circulated,  may  strike  any
19    signature from the petition, provided that:
20             (1)  the person striking the signature shall initial
21        the  petition at the place where the signature is struck;
22        and
23             (2)  the person striking the signature shall sign  a
24        certification  listing the page number and line number of
25        each  signature   struck   from   the   petition.    Such
26        certification shall be filed as a part of the petition.
27        Such  sheets  before being filed shall be neatly fastened
28    together in book form, by placing the sheets in  a  pile  and
29    fastening  them together at one edge in a secure and suitable
30    manner, and the sheets shall then be numbered  consecutively.
31    The sheets shall not be fastened by pasting them together end
32    to  end,  so  as  to  form  a  continuous strip or roll.  All
33    petition  sheets  which  are  filed  with  the  proper  local
34    election officials, election authorities or the  State  Board
 
                            -66-     LRB093 07599 BDD 16859 a
 1    of  Elections  shall  be  the original sheets which have been
 2    signed by the voters and by the circulator thereof,  and  not
 3    photocopies or duplicates of such sheets.  Each petition must
 4    include  as a part thereof, a statement of candidacy for each
 5    of the candidates filing, or in whose behalf the petition  is
 6    filed.  This  statement  shall  set  out  the address of such
 7    candidate, the office for which  he  is  a  candidate,  shall
 8    state  that the candidate is a qualified primary voter of the
 9    party to which the petition relates and is qualified for  the
10    office  specified  (in  the  case  of a candidate for State's
11    Attorney it shall state that the candidate is at the time  of
12    filing  such  statement  a  licensed  attorney-at-law of this
13    State), shall state that he has filed (or  will  file  before
14    the  close  of  the  petition  filing  period) a statement of
15    economic interests as required by the  Illinois  Governmental
16    Ethics Act, shall request that the candidate's name be placed
17    upon  the  official ballot, and shall be subscribed and sworn
18    to by such candidate before some officer authorized  to  take
19    acknowledgment  of  deeds  in  the  State  and  shall  be  in
20    substantially the following form:
21                       Statement of Candidacy
22       Name      Address       Office      District      Party
23    John Jones  102 Main St.  Governor    Statewide    Republican
24                Belvidere,
25                 Illinois

26    State of Illinois)
27                     ) ss.
28    County of .......)
29        I,  ....,  being  first  duly sworn, say that I reside at
30    .... Street in the city (or village) of ...., in  the  county
31    of  ....,  State  of  Illinois;  that  I am a qualified voter
32    therein and am a qualified primary voter of the  ....  party;
33    that  I  am  a  candidate for nomination (for election in the
34    case of committeeman and delegates and  alternate  delegates)
 
                            -67-     LRB093 07599 BDD 16859 a
 1    to  the  office  of  ....  to  be  voted  upon at the primary
 2    election to be held on  (insert  date);  that  I  am  legally
 3    qualified (including being the holder of any license that may
 4    be  an  eligibility  requirement  for  the  office I seek the
 5    nomination for) to hold such office and that I have filed (or
 6    I will file before the close of the petition filing period) a
 7    statement of economic interests as required by  the  Illinois
 8    Governmental  Ethics Act and I hereby request that my name be
 9    printed upon the official primary ballot for  nomination  for
10    (or election to in the case of committeemen and delegates and
11    alternate delegates) such office.
12                                    Signed ......................
13        Subscribed  and sworn to (or affirmed) before me by ....,
14    who is to me personally known, on (insert date).
15                                      Signed ....................
16                        (Official Character)
17    (Seal, if officer has one.)

18        The petitions, when filed,  shall  not  be  withdrawn  or
19    added  to,  and  no  signatures  shall  be  revoked except by
20    revocation  filed  in  writing  with  the  State   Board   of
21    Elections, election authority or local election official with
22    whom  the  petition  is  required to be filed, and before the
23    filing of such petition.  Whoever forges the name of a signer
24    upon any petition required by this Article is  deemed  guilty
25    of  a  forgery  and  on  conviction thereof shall be punished
26    accordingly.
27        A candidate for the offices listed in this  Section  must
28    obtain  the number of signatures specified in this Section on
29    his or her petition for nomination.
30        (a)  Statewide  office  or   delegate   to   a   national
31    nominating  convention.  If  a  candidate  seeks  to  run for
32    statewide office or as a delegate or alternate delegate to  a
33    national   nominating   convention  elected  from  the  State
34    at-large, then the candidate's petition for  nomination  must
 
                            -68-     LRB093 07599 BDD 16859 a
 1    contain at least 5,000 but not more than 10,000 signatures.
 2        (b)  Congressional  office or congressional delegate to a
 3    national nominating convention. If a candidate seeks  to  run
 4    for  United States Congress or as a congressional delegate or
 5    alternate congressional delegate  to  a  national  nominating
 6    convention  elected  from  a congressional district, then the
 7    candidate's petition for nomination must contain at least the
 8    number of signatures equal to 0.5% of the  qualified  primary
 9    electors  of  his  or  her  party in his or her congressional
10    district.  In  the  first  primary   election   following   a
11    redistricting   of  congressional  districts,  a  candidate's
12    petition for nomination must contain at least 600  signatures
13    of  qualified  primary  electors of the candidate's political
14    party in his or her congressional district.
15        (c)  County office. If a candidate seeks to run  for  any
16    countywide  office, including but not limited to county board
17    chairperson or county board member, elected  on  an  at-large
18    basis,   in  a  county  other  than  Cook  County,  then  the
19    candidate's petition for nomination must contain at least the
20    number of signatures equal to 0.5% of the qualified  electors
21    of  his  or  her  party  who cast votes at the last preceding
22    general election in his or her county. If a  candidate  seeks
23    to  run  for  county board member elected from a county board
24    district, then the candidate's petition for  nomination  must
25    contain  at  least  the number of signatures equal to 0.5% of
26    the qualified primary electors of his or  her  party  in  the
27    county   board   district.  In  the  first  primary  election
28    following a redistricting of county board  districts  or  the
29    initial   establishment   of   county   board   districts,  a
30    candidate's petition for nomination must contain at least the
31    number of signatures equal to 0.5% of the qualified  electors
32    of  his  or  her party in the entire county who cast votes at
33    the last preceding general  election  divided  by  the  total
34    number of county board districts comprising the county board;
 
                            -69-     LRB093 07599 BDD 16859 a
 1    provided  that  in no event shall the number of signatures be
 2    less than 25.
 3        (d)  County office; Cook County only.
 4             (1)  If a candidate  seeks  to  run  for  countywide
 5        office  in Cook County, then the candidate's petition for
 6        nomination must contain at least the number of signatures
 7        equal to 0.5% of the qualified electors  of  his  or  her
 8        party  who  cast  votes  at  the  last  preceding general
 9        election in Cook County.
10             (2)  If a candidate seeks to  run  for  Cook  County
11        Board  Commissioner,  then  the  candidate's petition for
12        nomination must contain at least the number of signatures
13        equal to 0.5% of the qualified primary electors of his or
14        her party in his or her county  board  district.  In  the
15        first  primary election following a redistricting of Cook
16        County Board of Commissioners  districts,  a  candidate's
17        petition  for nomination must contain at least the number
18        of signatures equal to 0.5% of the qualified electors  of
19        his  or  her party in the entire county who cast votes at
20        the last preceding general election divided by the  total
21        number  of  county  board districts comprising the county
22        board; provided that in no  event  shall  the  number  of
23        signatures be less than 25.
24             (3)  If  a  candidate  seeks  to run for Cook County
25        Board of Review Commissioner, which  is  elected  from  a
26        district pursuant to subsection (c) of Section 5-5 of the
27        Property  Tax  Code,  then  the  candidate's petition for
28        nomination must contain at least the number of signatures
29        equal to 0.5% of the total number of registered voters in
30        his or her board of review district in the  last  general
31        election  at which a commissioner was regularly scheduled
32        to be elected from that board of review district.  In  no
33        event  shall the number of signatures required be greater
34        than the requisite  number  for  a  candidate  who  seeks
 
                            -70-     LRB093 07599 BDD 16859 a
 1        countywide  office in Cook County under subsection (d)(1)
 2        of this Section. In the first primary election  following
 3        a redistricting of Cook County Board of Review districts,
 4        a  candidate's  petition  for  nomination must contain at
 5        least  4,000  signatures  or  at  least  the  number   of
 6        signatures  required  for a county-wide candidate in Cook
 7        County, whichever is less, of the qualified  electors  of
 8        his or her party in the district.
 9        (e)  Municipal  or  township office. If a candidate seeks
10    to run for municipal or township office, then the candidate's
11    petition for nomination must contain at least the  number  of
12    signatures equal to 0.5% of the qualified primary electors of
13    his  or  her  party  in  the  municipality  or township. If a
14    candidate seeks to run for alderman of a  municipality,  then
15    the candidate's petition for nomination must contain at least
16    the  number  of  signatures  equal  to  0.5% of the qualified
17    primary electors of his or her party  of  the  ward.  In  the
18    first  primary election following redistricting of aldermanic
19    wards or trustee districts of a municipality or  the  initial
20    establishment  of  wards or districts, a candidate's petition
21    for nomination must contain the number of signatures equal to
22    at least 0.5% of the total  number  of  votes  cast  for  the
23    candidate  of  that  political party who received the highest
24    number of votes  in  the  entire  municipality  at  the  last
25    regular  election at which an officer was regularly scheduled
26    to be elected from the entire municipality,  divided  by  the
27    number of wards or districts. In no event shall the number of
28    signatures be less than 25.
29        (f)  State  central committeeperson. If a candidate seeks
30    to  run  for  State   central   committeeperson,   then   the
31    candidate's petition for nomination must contain at least 100
32    signatures of the primary electors of his or her party of his
33    or her congressional district.
34        (g)  Sanitary  district  trustee. If a candidate seeks to
 
                            -71-     LRB093 07599 BDD 16859 a
 1    run for trustee of a sanitary district in which trustees  are
 2    not  elected  from  wards,  then the candidate's petition for
 3    nomination must contain at least  the  number  of  signatures
 4    equal  to  0.5%  of  the primary electors of his or her party
 5    from the sanitary district. If a candidate seeks to  run  for
 6    trustee  of a sanitary district in which trustees are elected
 7    from wards, then the candidate's petition for nomination must
 8    contain at least the number of signatures equal  to  0.5%  of
 9    the  primary electors of his or her party in the ward of that
10    sanitary district. In the first  primary  election  following
11    redistricting  of  sanitary  districts  elected from wards, a
12    candidate's petition for nomination must contain at least the
13    signatures of 150 qualified primary electors of  his  or  her
14    ward of that sanitary district.
15        (h)  Judicial  office.  If  a  candidate seeks to run for
16    judicial office in a district, circuit, or  subcircuit,  then
17    the  candidate's  petition  for  nomination  must contain the
18    number of signatures equal to 0.25% of the  number  of  votes
19    cast for the judicial candidate of his or her political party
20    who  received the highest number of votes at the last general
21    election at which a judicial officer from the same  district,
22    circuit, or subcircuit was regularly scheduled to be elected,
23    but in no event less than 500 signatures.
24        (i)  Precinct,  ward,  and township committeeperson. If a
25    candidate seeks to run for precinct committeeperson, then the
26    candidate's petition for nomination must contain at least  10
27    signatures  of  the  primary electors of his or her party for
28    the  precinct.  If  a  candidate  seeks  to  run   for   ward
29    committeeperson, then the candidate's petition for nomination
30    must  contain  no less than the number of signatures equal to
31    10% of the primary electors of his or her party of the  ward,
32    but  no  more  than 16% of those same electors; provided that
33    the maximum number of signatures may  be  50  more  than  the
34    minimum number, whichever is greater. If a candidate seeks to
 
                            -72-     LRB093 07599 BDD 16859 a
 1    run   for  township  committeeperson,  then  the  candidate's
 2    petition for nomination must contain no less than the  number
 3    of  signatures  equal to 5% of the primary electors of his or
 4    her party of the township, but no more than 8% of those  same
 5    electors;  provided that the maximum number of signatures may
 6    be 50 more than the minimum number, whichever is greater.
 7        (j)  State's  attorney  or  regional  superintendent   of
 8    schools  for  multiple  counties. If a candidate seeks to run
 9    for State's attorney or regional  Superintendent  of  Schools
10    who  serves  more  than  one  county,  then  the  candidate's
11    petition  for  nomination must contain at least the number of
12    signatures equal to 0.5% of the primary electors  of  his  or
13    her party in the territory comprising the counties.
14        (k)  Any  other  office.  If  a candidate seeks any other
15    office, then the candidate's  petition  for  nomination  must
16    contain  at  least  the number of signatures equal to 0.5% of
17    the registered voters of the political subdivision, district,
18    or  division  for  which  the  nomination  is  made   or   25
19    signatures, whichever is greater.
20        For  purposes  of  this  Section  the  number  of primary
21    electors shall be determined by taking the total  vote  cast,
22    in  the  applicable  district,  for  the  candidate  for that
23    political party who received the  highest  number  of  votes,
24    statewide, at the last general election in the State at which
25    electors for President of the United States were elected. For
26    political  subdivisions, the number of primary electors shall
27    be determined by taking the total vote cast for the candidate
28    for that political party who received the highest  number  of
29    votes  in  the  political  subdivision  at  the  last regular
30    election at which an officer was regularly  scheduled  to  be
31    elected  from  that  subdivision.  For  wards or districts of
32    political subdivisions, the number of primary electors  shall
33    be determined by taking the total vote cast for the candidate
34    for  that  political party who received the highest number of
 
                            -73-     LRB093 07599 BDD 16859 a
 1    votes in the ward or district at the last regular election at
 2    which an officer was regularly scheduled to be  elected  from
 3    that ward or district.
 4        A  "qualified  primary  elector"  of a party may not sign
 5    petitions for or be a candidate in the primary of  more  than
 6    one party.
 7        The  changes  made to this Section of this amendatory Act
 8    of the 93rd General Assembly are declarative of existing law,
 9    except for item (3) of subsection (d).
10        Petitions of candidates for nomination for offices herein
11    specified, to be filed with the same officer, may contain the
12    names of 2 or more candidates of the same political party for
13    the same or different offices.
14        Such petitions for nominations shall be signed:
15             (a)  If for a  State  office,  or  for  delegate  or
16        alternate  delegate to be elected from the State at large
17        to a National nominating  convention  by  not  less  than
18        5,000 nor more than 10,000 primary electors of his party.
19             (b)  If  for a congressional officer or for delegate
20        or alternate delegate to be elected from a  congressional
21        district  to a national nominating convention by at least
22        .5% of the qualified primary electors of his party in his
23        congressional district, except that for the first primary
24        following a redistricting of congressional districts such
25        petitions shall be  signed  by  at  least  600  qualified
26        primary   electors   of  the  candidate's  party  in  his
27        congressional district.
28             (c)  If for a county office (including county  board
29        member  and  chairman  of  the county board where elected
30        from the county  at  large),  by  at  least  .5%  of  the
31        qualified   electors  of  his  party  cast  at  the  last
32        preceding general election in his  county.   However,  if
33        for  the  nomination  for  county  commissioner  of  Cook
34        County,  then  by  at  least .5% of the qualified primary
 
                            -74-     LRB093 07599 BDD 16859 a
 1        electors of his or her party in his or her county in  the
 2        district  or division in which such person is a candidate
 3        for nomination; and if for county  board  member  from  a
 4        county  board  district,  then  by  at  least  .5% of the
 5        qualified primary electors of his  party  in  the  county
 6        board  district.   In  the case of an election for county
 7        board member to be elected from a district, for the first
 8        primary  following  a  redistricting  of   county   board
 9        districts  or  the  initial establishment of county board
10        districts, then by at least .5% of the qualified electors
11        of his party in the entire county at the  last  preceding
12        general  election,  divided by the number of county board
13        districts, but in any event not less  than  25  qualified
14        primary electors of his party in the district.
15             (d)  If  for  a  municipal  or township office by at
16        least .5% of the qualified primary electors of his  party
17        in  the  municipality or township; if for alderman, by at
18        least .5% of the voters of his party of his ward.  In the
19        case  of  an  election  for  alderman  or  trustee  of  a
20        municipality to be elected from a ward or  district,  for
21        the  first  primary  following  a  redistricting  or  the
22        initial  establishment of wards or districts, then by .5%
23        of the total number of votes cast for  the  candidate  of
24        such  political  party who received the highest number of
25        votes in the entire  municipality  at  the  last  regular
26        election  at  which an officer was regularly scheduled to
27        be elected from the entire municipality, divided  by  the
28        number  of  wards or districts, but in any event not less
29        than 25 qualified primary electors of his  party  in  the
30        ward or district.
31             (e)  If  for State central committeeman, by at least
32        100 of the primary electors of his or her party of his or
33        her congressional district.
34             (f)  If for a candidate for trustee  of  a  sanitary
 
                            -75-     LRB093 07599 BDD 16859 a
 1        district in which trustees are not elected from wards, by
 2        at  least  .5% of the primary electors of his party, from
 3        such sanitary district.
 4             (g)  If for a candidate for trustee  of  a  sanitary
 5        district in which the trustees are elected from wards, by
 6        at  least .5% of the primary electors of his party in his
 7        ward of such sanitary district, except that for the first
 8        primary following a reapportionment of the district  such
 9        petitions  shall  be  signed  by  at  least 150 qualified
10        primary electors of the candidate's ward of such sanitary
11        district.
12             (h)  If for a candidate for  judicial  office  in  a
13        district,  circuit, or subcircuit, by a number of primary
14        electors at least equal to 0.25% of the number  of  votes
15        cast  for  the judicial candidate of his or her political
16        party who received the highest number  of  votes  at  the
17        last regular general election at which a judicial officer
18        from  the  same  district,  circuit,  or  subcircuit  was
19        regularly  scheduled to be elected, but in no event fewer
20        than 500.
21             (i)  If for a candidate for  precinct  committeeman,
22        by  at  least  10 primary electors of his or her party of
23        his  or  her  precinct;  if  for  a  candidate  for  ward
24        committeeman, by not less than 10% nor more than 16%  (or
25        50  more  than  the minimum, whichever is greater) of the
26        primary electors of his party  of  his  ward;  if  for  a
27        candidate  for township committeeman, by not less than 5%
28        nor more than 8% (or 50 more than the minimum,  whichever
29        is  greater)  of the primary electors of his party in his
30        township or part of a township as the case may be.
31             (j)  If for a  candidate  for  State's  Attorney  or
32        Regional  Superintendent  of  Schools  to serve 2 or more
33        counties, by at least .5% of the primary electors of  his
34        party in the territory comprising such counties.
 
                            -76-     LRB093 07599 BDD 16859 a
 1             (k)  If  for any other office by at least .5% of the
 2        total  number  of  registered  voters  of  the  political
 3        subdivision,  district  or   division   for   which   the
 4        nomination  is  made  or  a  minimum  of 25, whichever is
 5        greater.
 6        For the purposes of this Section the  number  of  primary
 7    electors  shall  be determined by taking the total vote cast,
 8    in the  applicable  district,  for  the  candidate  for  such
 9    political  party  who  received  the highest number of votes,
10    state-wide, at the last general  election  in  the  State  at
11    which  electors  for  President  of  the  United  States were
12    elected. For political subdivisions, the  number  of  primary
13    electors  shall  be  determined by taking the total vote cast
14    for the candidate for such political party who  received  the
15    highest  number of votes in such political subdivision at the
16    last regular election  at  which  an  officer  was  regularly
17    scheduled  to be elected from that subdivision.  For wards or
18    districts of political subdivisions, the  number  of  primary
19    electors  shall  be  determined by taking the total vote cast
20    for the candidate for such political party who  received  the
21    highest  number of votes in such ward or district at the last
22    regular election at which an officer was regularly  scheduled
23    to be elected from that ward or district.
24        A  "qualified  primary  elector"  of a party may not sign
25    petitions for or be a candidate in the primary of  more  than
26    one party.
27    (Source: P.A.  91-57,  eff.  6-30-99;  91-357,  eff. 7-29-99;
28    91-358, eff.  7-29-99;  92-16,  eff.  6-28-01;  92-129,  eff.
29    7-20-01.)

30        (10 ILCS 5/7-10.2) (from Ch. 46, par. 7-10.2)
31        Sec.  7-10.2.   In  the  designation  of  the  name  of a
32    candidate on a petition  for  nomination  or  certificate  of
33    nomination  the  candidate's  given name or names, initial or
 
                            -77-     LRB093 07599 BDD 16859 a
 1    initials, a nickname  by  which  the  candidate  is  commonly
 2    known,  or  a combination thereof, may be used in addition to
 3    the candidate's surname.  No  other  designation  such  as  a
 4    political  slogan,  as  defined  by  Section 7-17,  title, or
 5    degree, or nickname suggesting or implying  possession  of  a
 6    title, degree or professional status,  or similar information
 7    may  be  used  in  connection  with  the candidate's surname,
 8    except that the title "Mrs." may be used in  the  case  of  a
 9    married woman.
10    (Source: P.A. 81-135.)

11        (10 ILCS 5/7-17) (from Ch. 46, par. 7-17)
12        Sec. 7-17.  Candidate ballot name procedures.
13        (a)  Each  election  authority in each county shall cause
14    to be printed upon the general primary ballot of  each  party
15    for  each  precinct  in  his  jurisdiction  the  name of each
16    candidate whose petition for nomination or  for  committeeman
17    has  been  filed in the office of the county clerk, as herein
18    provided; and also the name of each candidate whose name  has
19    been certified to his office by the State Board of Elections,
20    and   in  the  order  so  certified,  except  as  hereinafter
21    provided.
22        It shall be the duty of the election authority  to  cause
23    to  be  printed  upon the consolidated primary ballot of each
24    political party for each precinct  in  his  jurisdiction  the
25    name  of each candidate whose name has been certified to him,
26    as herein provided and which is  to  be  voted  for  in  such
27    precinct.
28        (b)  In the designation of the name of a candidate on the
29    primary  ballot  the candidate's given name or names, initial
30    or initials, a nickname by which the  candidate  is  commonly
31    known,  or  a combination thereof, may be used in addition to
32    the candidate's surname.  No  other  designation  such  as  a
33    political slogan, title, or degree, or nickname suggesting or
 
                            -78-     LRB093 07599 BDD 16859 a
 1    implying  possession  of  a  title,  degree  or  professional
 2    status, or similar information may be used in connection with
 3    the  candidate's surname, except that the title "Mrs." may be
 4    used in the case of a married woman.  For  purposes  of  this
 5    Section, a "political slogan" is defined as any word or words
 6    expressing  or  connoting a position, opinion, or belief that
 7    the candidate may espouse, including but not limited to,  any
 8    word  or  words  conveying any meaning other than that of the
 9    personal identity of the candidate. A candidate may not use a
10    political slogan as part of his or her name  on  the  ballot,
11    notwithstanding  that the political slogan may be part of the
12    candidate's name.
13        (c)  The State  Board  of  Elections,  a  local  election
14    official,   or   an   election  authority  shall  remove  any
15    candidate's  name  designation  from   a   ballot   that   is
16    inconsistent   with   subsection  (b)  of  this  Section.  In
17    addition, the State Board  of  Elections,  a  local  election
18    official,  or  an election authority shall not certify to any
19    election authority any candidate  name  designation  that  is
20    inconsistent with subsection (b) of this Section.
21        (d)  If  the  State  Board of Elections, a local election
22    official, or an election authority removes a candidate's name
23    designation from  a  ballot  under  subsection  (c)  of  this
24    Section,  then  the  aggrieved candidate may seek appropriate
25    relief in circuit court.
26    (Source: P.A. 81-135.)

27        (10 ILCS 5/7-34) (from Ch. 46, par. 7-34)
28        Sec. 7-34.  Pollwatchers in a primary election  shall  be
29    authorized in the following manner:
30        (1)  Each  established  political party shall be entitled
31    to appoint one pollwatcher per precinct.   Such  pollwatchers
32    must  be  affiliated  with the political party for which they
33    are pollwatching and must be a registered voter in  Illinois.
 
                            -79-     LRB093 07599 BDD 16859 a
 1    For  all  primary elections, except as provided in subsection
 2    (5), such pollwatchers must be  registered  to  vote  from  a
 3    residence in the county in which they are pollwatching.
 4        (2)  Each  candidate  shall  be  entitled  to appoint two
 5    pollwatchers per precinct.  For Federal,  State,  and  county
 6    primary  elections, the poll watchers one pollwatcher must be
 7    registered to vote in Illinois from a residence in the county
 8    in which he is pollwatching.  The second pollwatcher must  be
 9    registered  to  vote from a residence in the precinct or ward
10    in which he is  pollwatching.   For  township  and  municipal
11    primary elections, one pollwatcher must be registered to vote
12    from  a  residence in the county in which he is pollwatching.
13    The second pollwatcher must be  registered  to  vote  from  a
14    residence   in   the   precinct   or  ward  in  which  he  is
15    pollwatching.
16        (3)  Each organization of citizens within the  county  or
17    political  subdivision,  which  has  among  its  purposes  or
18    interests   the  investigation  or  prosecution  of  election
19    frauds, and which shall have registered its name and  address
20    and  the  names  and addresses of its principal officers with
21    the proper election authority at least  40  days  before  the
22    primary   election,   shall   be   entitled  to  appoint  one
23    pollwatcher per precinct.  For  all  primary  elections,  the
24    except  as  provided in subsection (5), such pollwatcher must
25    be registered to vote in Illinois from  a  residence  in  the
26    county in which he is pollwatching.
27        (4)  Each organized group of proponents or opponents of a
28    ballot  proposition, which shall have registered the name and
29    address of its organization or committee  and  the  name  and
30    address of its chairman with the proper election authority at
31    least  40 days before the primary election, shall be entitled
32    to appoint one  pollwatcher  per  precinct.   The  Except  as
33    provided   in   subsection  (5),  such  pollwatcher  must  be
34    registered to vote in Illinois from a residence in the county
 
                            -80-     LRB093 07599 BDD 16859 a
 1    in which the ballot proposition is being voted upon.
 2        (5)  In any primary election held to nominate  candidates
 3    for  the  offices  of  a  municipality of less than 3,000,000
 4    population  that  is  situated  in  2  or  more  counties,  a
 5    pollwatcher who is a resident of a county in which  any  part
 6    of the municipality is situated shall be eligible to serve as
 7    a  pollwatcher  in  any  polling  place  located  within such
 8    municipality,  provided  that  such   pollwatcher   otherwise
 9    complies  with the respective requirements of subsections (1)
10    through (4) of this Section and is a registered  voter  whose
11    residence is within Illinois the municipality.
12        All   pollwatchers  shall  be  required  to  have  proper
13    credentials.  Such credentials shall be printed in sufficient
14    quantities, shall  be  issued  by  and  under  the  facsimile
15    signature(s) of the election authority and shall be available
16    for  distribution  at  least  2  weeks prior to the election.
17    Such credentials shall be authorized by the real or facsimile
18    signature of  the  State  or  local  party  official  or  the
19    candidate  or the presiding officer of the civic organization
20    or the chairman of the proponent or opponent  group,  as  the
21    case may be.
22        Pollwatcher  credentials  shall  be  in substantially the
23    following form:

24                       POLLWATCHER CREDENTIALS
25    TO THE JUDGES OF ELECTION:
26        In accordance  with the provisions of the Election  Code,
27    the   undersigned   hereby   appoints  ...........  (name  of
28    pollwatcher)  at  ..........  (address)  in  the  county   of
29    ...........,   ..........   (township   or  municipality)  of
30    ...........  (name),  State  of  Illinois  and  who  is  duly
31    registered to vote from this address, to act as a pollwatcher
32    in the  ...........  precinct  of  the  ..........  ward  (if
33    applicable)  of the ........... (township or municipality) of
34    ........... at the ........... election to be held on (insert
 
                            -81-     LRB093 07599 BDD 16859 a
 1    date).
 2    ........................  (Signature of Appointing Authority)
 3    ........................  TITLE  (party official,  candidate,
 4                                    civic organization president,
 5                            proponent or opponent group chairman)
 6        Under penalties provided by law pursuant to Section 29-10
 7    of the Election Code, the undersigned  pollwatcher  certifies
 8    that  he  or  she  resides at .............. (address) in the
 9    county of ........., ......... (township or municipality)  of
10    ..........  (name), State of Illinois, and is duly registered
11    to vote in Illinois from that address.
12    ...........................        ..........................
13    (Precinct and/or Ward in           (Signature of Pollwatcher)
14    Which Pollwatcher Resides)

15        Pollwatchers must present their credentials to the Judges
16    of Election upon entering  the  polling  place.   Pollwatcher
17    credentials  properly  executed  and signed shall be proof of
18    the qualifications of  the  pollwatcher  authorized  thereby.
19    Such  credentials  are retained by the Judges and returned to
20    the Election Authority at the end of the day of election with
21    the  other  election  materials.   Once  a  pollwatcher   has
22    surrendered  a valid credential, he may leave and reenter the
23    polling place provided that such continuing action  does  not
24    disrupt  the  conduct  of  the  election. Pollwatchers may be
25    substituted during the course of  the  day,  but  established
26    political  parties, candidates, qualified civic organizations
27    and proponents and opponents of a ballot proposition can have
28    only as many pollwatchers at any given time as are authorized
29    in this  Article.   A  substitute  must  present  his  signed
30    credential  to  the  judges  of  election  upon  entering the
31    polling  place.   Election   authorities   must   provide   a
32    sufficient number of credentials to allow for substitution of
33    pollwatchers. After the polls have closed, pollwatchers shall
34    be allowed to remain until the canvass of votes is completed;
 
                            -82-     LRB093 07599 BDD 16859 a
 1    but  may  leave  and  reenter  only  in  cases  of necessity,
 2    provided that such action is not so continuous as to  disrupt
 3    the canvass of votes.
 4        Candidates  seeking  office in a district or municipality
 5    encompassing 2 or more counties shall be admitted to any  and
 6    all  polling  places throughout such district or municipality
 7    without regard to the counties in which such  candidates  are
 8    registered  to  vote.   Actions  of  such candidates shall be
 9    governed in each polling place by  the  same  privileges  and
10    limitations  that  apply  to pollwatchers as provided in this
11    Section.  Any such candidate who engages in an activity in  a
12    polling  place  which  could  reasonably  be  construed  by a
13    majority of the judges of election as campaign activity shall
14    be removed forthwith from such polling place.
15        Candidates seeking office in a district  or  municipality
16    encompassing  2 or more counties who desire to be admitted to
17    polling  places  on  election  day  in   such   district   or
18    municipality  shall  be  required to have proper credentials.
19    Such credentials shall be printed in  sufficient  quantities,
20    shall  be  issued by and under the facsimile signature of the
21    election authority of the  election  jurisdiction  where  the
22    polling  place  in  which  the  candidate seeks admittance is
23    located, and shall be available for distribution at  least  2
24    weeks  prior  to  the  election.   Such  credentials shall be
25    signed by the candidate.
26        Candidate  credentials  shall  be  in  substantially  the
27    following form:

28                        CANDIDATE CREDENTIALS
29        TO THE JUDGES OF ELECTION:
30        In accordance with the provisions of the Election Code, I
31    ...... (name  of  candidate)  hereby  certify  that  I  am  a
32    candidate for ....... (name of office) and seek admittance to
33    .......  precinct  of the ....... ward (if applicable) of the
34    ....... (township or municipality) of ....... at the  .......
 
                            -83-     LRB093 07599 BDD 16859 a
 1    election to be held on (insert date).
 2    .........................             .......................
 3    (Signature of Candidate)              OFFICE FOR WHICH
 4                                          CANDIDATE SEEKS
 5                                          NOMINATION OR
 6                                          ELECTION

 7        Pollwatchers   shall   be   permitted   to   observe  all
 8    proceedings relating to the conduct of the  election  and  to
 9    station  themselves  in a position in the voting room as will
10    enable them  to  observe  the  judges  making  the  signature
11    comparison  between  the  voter  application  and  the  voter
12    registration   record  card;  provided,  however,  that  such
13    pollwatchers shall not be permitted to station themselves  in
14    such  close  proximity  to  the  judges  of election so as to
15    interfere with the orderly conduct of the election and  shall
16    not, in any event, be permitted to handle election materials.
17    Pollwatchers    may    challenge   for   cause   the   voting
18    qualifications of a person offering to vote and may  call  to
19    the  attention  of  the  judges  of  election  any  incorrect
20    procedure or apparent violations of this Code.
21        If  a  majority  of the judges of election determine that
22    the  polling  place   has   become   too   overcrowded   with
23    pollwatchers  so  as to interfere with the orderly conduct of
24    the  election,  the  judges  shall,  by   lot,   limit   such
25    pollwatchers   to  a  reasonable  number,  except  that  each
26    candidate and each established or new political  party  shall
27    be permitted to have at least one pollwatcher present.
28        Representatives  of an election authority, with regard to
29    an election  under  its  jurisdiction,  the  State  Board  of
30    Elections,  and  law  enforcement agencies, including but not
31    limited to a United States Attorney, a State's attorney,  the
32    Attorney  General,  and  a  State,  county,  or  local police
33    department, in the performance  of  their  official  election
34    duties,  shall  be permitted at all times to enter and remain
 
                            -84-     LRB093 07599 BDD 16859 a
 1    in the polling place.  Upon entering the polling place,  such
 2    representatives  shall  display their official credentials or
 3    other identification to the judges of election.
 4        Uniformed police officers assigned to polling place  duty
 5    shall  follow  all  lawful  instructions  of  the  judges  of
 6    election.
 7        The  provisions  of  this  Section  shall  also  apply to
 8    supervised casting of absentee ballots as provided in Section
 9    19-12.2 of this Act.
10    (Source: P.A. 90-655, eff. 7-30-98; 91-357, eff. 7-29-99.)

11        (10 ILCS 5/7-41) (from Ch. 46, par. 7-41)
12        Sec. 7-41. (a) All officers upon whom is imposed  by  law
13    the  duty  of  designating  and  providing polling places for
14    general elections, shall provide in each such  polling  place
15    so designated and provided, a sufficient number of booths for
16    such  primary  election,  which booths shall be provided with
17    shelves, such supplies and pencils as will enable  the  voter
18    to  prepare  his  ballot  for  voting and in which voters may
19    prepare their ballots screened from all observation as to the
20    manner in which they do so. Such booths shall be within plain
21    view of the election officers and both they  and  the  ballot
22    boxes  shall  be  within  plain  view  of  those  within  the
23    proximity of the voting booths. No person other than election
24    officers  and  the  challengers  allowed  by  law  and  those
25    admitted  for the purpose of voting, as hereinafter provided,
26    shall be permitted within the proximity of the voting booths,
27    except by authority of the primary officers to keep order and
28    enforce the law.
29        (b)  The number of such voting booths shall not  be  less
30    than  one  to  every seventy-five voters or fraction thereof,
31    who voted at the last preceding election in the  precinct  or
32    election district.
33        (c)  No  person shall do any electioneering or soliciting
 
                            -85-     LRB093 07599 BDD 16859 a
 1    of votes on primary day within any polling  place  or  within
 2    one  hundred  feet  of  any polling place.  Election officers
 3    shall place 2 or more cones,  small  United  States  national
 4    flags, or some other marker a distance of 100 horizontal feet
 5    from  each  entrance  to the room used by voters to engage in
 6    voting, which shall be known as  the  polling  room.  If  the
 7    polling room is located within a building that is a public or
 8    private  school or a church or other organization founded for
 9    the purpose of religious worship  and  the  distance  of  100
10    horizontal  feet  ends  within  the interior of the building,
11    then the markers shall be placed outside of the  building  at
12    each  entrance  used  by voters to enter that building on the
13    grounds adjacent to  the  thoroughfare  or  walkway.  If  the
14    polling  room  is located within a public or private building
15    with 2 or more floors and the polling room is located on  the
16    ground floor, then the markers shall be placed 100 horizontal
17    feet from each entrance to the polling room used by voters to
18    engage  in voting. If the polling room is located in a public
19    or private building with 2 or more  floors  and  the  polling
20    room  is  located on a floor above or below the ground floor,
21    then the markers shall be placed a distance of 100 feet  from
22    the  nearest  elevator  or  staircase  used  by voters on the
23    ground floor to access the floor where the  polling  room  is
24    located.  The  area within where the markers are placed shall
25    be known as a  campaign  free  zone,  and  electioneering  is
26    prohibited pursuant to this subsection.
27        The  area  on  polling place property beyond the campaign
28    free zone, whether publicly or privately owned, is  a  public
29    forum  for  the  time  that the polls are open on an election
30    day. At the request of election officers any  publicly  owned
31    building must be made available for use as a polling place. A
32    person  shall  have  the  right  to  congregate and engage in
33    electioneering on any polling place property while the  polls
34    are  open  beyond  the  campaign free zone, including but not
 
                            -86-     LRB093 07599 BDD 16859 a
 1    limited to, the placement of temporary signs. This subsection
 2    shall be construed liberally in favor of persons engaging  in
 3    electioneering  on  all  polling  place  property  beyond the
 4    campaign free zone for the time that the polls are open on an
 5    election day.
 6        (d)  The regulation of electioneering  on  polling  place
 7    property on an election day, including but not limited to the
 8    placement  of  temporary  signs,  is  an  exclusive power and
 9    function of the State. A home  rule  unit  may  not  regulate
10    electioneering  and  any  ordinance  or local law contrary to
11    subsection (c)  is  declared  void.  This  is  a  denial  and
12    limitation of home rule powers and functions under subsection
13    (h) of Section 6 of Article VII of the Illinois Constitution.
14    (Source: P.A. 89-653, eff. 8-14-96.)

15        (10 ILCS 5/8-8.1) (from Ch. 46, par. 8-8.1)
16        Sec.   8-8.1.  In  the  designation  of  the  name  of  a
17    candidate on a petition for nomination, the candidate's given
18    name or names, initial or initials, a nickname by  which  the
19    candidate is commonly known, or a combination thereof, may be
20    used  in  addition  to  the  candidate's  surname.  No  other
21    designation  such as a political slogan, title, or degree, or
22    nickname suggesting or implying possession of a title, degree
23    or professional status, or similar information may be used in
24    connection with the  candidate's  surname,  except  that  the
25    title "Mrs." may be used in the case of a married woman.
26    (Source: P.A. 81-135.)

27        (10 ILCS 5/9-1.5) (from Ch. 46, par. 9-1.5)
28        Sec. 9-1.5.  Expenditure defined.
29        "Expenditure" means-
30             (1)  a   payment,   distribution,   purchase,  loan,
31        advance, deposit, or gift of money or anything of  value,
32        in  connection  with  the  nomination  for  election,  or
 
                            -87-     LRB093 07599 BDD 16859 a
 1        election,  of  any person to public office, in connection
 2        with the election of  any  person  as  ward  or  township
 3        committeeman in counties of 3,000,000 or more population,
 4        or  in  connection  with  any  question of public policy.
 5        "Expenditure"  also  includes  a  payment,  distribution,
 6        purchase, loan, advance, deposit, or  gift  of  money  or
 7        anything  of  value  that  constitutes  an electioneering
 8        communication regardless of whether the communication  is
 9        made  in  concert  or cooperation with or at the request,
10        suggestion,  or   knowledge   of   the   candidate,   the
11        candidate's authorized local political committee, a State
12        political  committee,  or  any  of their agents. However,
13        expenditure does not include -
14             (a)  the use of real or personal  property  and  the
15        cost  of  invitations,  food,  and beverages, voluntarily
16        provided by an individual in rendering voluntary personal
17        services on the  individual's  residential  premises  for
18        candidate-related  activities;  provided the value of the
19        service provided does not exceed an aggregate of $150  in
20        a reporting period;
21             (b)  the  sale  of  any food or beverage by a vendor
22        for use in a candidate's campaign at a charge  less  than
23        the normal comparable charge, if such charge for use in a
24        candidate's  campaign  is  at  least equal to the cost of
25        such food or beverage to the vendor.
26        (2)  a transfer of funds between political committees.
27    (Source: P.A. 89-405, eff. 11-8-95.)

28        (10 ILCS 5/9-1.14 new)
29        Sec. 9-1.14.  Electioneering communication defined.
30        (a)  "Electioneering  communication"   means,   for   the
31    purposes  of  this  Article,  any  form  of communication, in
32    whatever medium,  including  but  not  limited  to,  Internet
33    communications,   that   refers   to   a  clearly  identified
 
                            -88-     LRB093 07599 BDD 16859 a
 1    candidate, candidates, or political party and is made  within
 2    (i)  60  days before a general election for the office sought
 3    by the candidate or (ii) 30 days  before  a  general  primary
 4    election for the office sought by the candidate.
 5        (b)  "Electioneering communication" does not include:
 6             (1)  A   communication   other  than  advertisements
 7        appearing in  a  news  story,  commentary,  or  editorial
 8        distributed  through  the  facilities  of any  legitimate
 9        news organization, unless the  facilities  are  owned  or
10        controlled  by  any political party, political committee,
11        or candidate.
12             (2)  A  communication  made  solely  to  promote   a
13        candidate debate or forum that is made by or on behalf of
14        the person sponsoring the debate or forum.
15             (3)  A  communication made as part of a non-partisan
16        activity designed to encourage individuals to vote or  to
17        register to vote.
18             (4)  A  communication  by  an organization operating
19        and remaining in good standing under Section 501(c)(3) of
20        the Internal Revenue Code of 1986.

21        (10 ILCS 5/9-3) (from Ch. 46, par. 9-3)
22        Sec. 9-3.  Every  state  political  committee  and  every
23    local  political committee shall file with the State Board of
24    Elections, and every local  political  committee  shall  file
25    with  the county clerk, a statement of organization within 10
26    business days of the creation of such committee,  except  any
27    political  committee  created  within  the  30 days before an
28    election shall file a  statement  of  organization  within  5
29    business  days.   A  political  committee that acts as both a
30    state political committee and  a  local  political  committee
31    shall  file a copy of each statement of organization with the
32    State Board of Elections and  the  county  clerk.  The  Board
33    shall  impose  a  civil  penalty of $25 per business day upon
 
                            -89-     LRB093 07599 BDD 16859 a
 1    political committees for failing to file or late filing of  a
 2    statement  of organization, except that for committees formed
 3    to support candidates for statewide office, the civil penalty
 4    shall be $50 per business  day.   Such  penalties  shall  not
 5    exceed  $5,000,  and  shall  not exceed $10,000 for statewide
 6    office political committees. There shall be no  fine  if  the
 7    statement is mailed and postmarked at least 72 hours prior to
 8    the filing deadline.
 9        In  addition  to  the  civil penalties authorized by this
10    Section, the State Board of Elections or any  other  affected
11    political  committee  may  apply  to  the circuit court for a
12    temporary restraining order or  a  preliminary  or  permanent
13    injunction  against  the  political  committee  to  cease the
14    expenditure of  funds  and  to  cease  operations  until  the
15    statement of organization is filed.
16        For the purpose of this Section, "statewide office" means
17    the   Governor,  Lieutenant  Governor,  Secretary  of  State,
18    Attorney General, State Treasurer, and State Comptroller.
19        The statement of organization shall include -
20        (a)  the name and address of the political committee (the
21    name of the political committee must include the name of  any
22    sponsoring entity);
23        (b)  the  scope,  area  of  activity,  party affiliation,
24    candidate  affiliation  and  his  county  of  residence,  and
25    purposes of the political committee;
26        (c)  the name, address, and position of each custodian of
27    the committee's books and accounts;
28        (d)  the name, address, and position of  the  committee's
29    principal  officers,  including  the chairman, treasurer, and
30    officers and members of its finance committee, if any;
31        (e)  (Blank);
32        (f)  a statement of what specific disposition of residual
33    fund will  be  made  in  the  event  of  the  dissolution  or
34    termination of the committee;
 
                            -90-     LRB093 07599 BDD 16859 a
 1        (g)  a   listing   of   all   banks  or  other  financial
 2    institutions,   safety   deposit   boxes,   and   any   other
 3    repositories or custodians of funds used by the committee;
 4        (h)  the  amount  of   funds   available   for   campaign
 5    expenditures  as  of  the  filing  date  of  the  committee's
 6    statement of organization.
 7        For  purposes  of  this Section, a "sponsoring entity" is
 8    (i)   any   person,   political   committee,    organization,
 9    corporation,  or association that contributes at least 33% of
10    the total funding of the  political  committee  or  (ii)  any
11    person  or  other entity that is registered or is required to
12    register under the Lobbyist Registration Act and  contributes
13    at least 33% of the total funding of the political committee.
14    (Source: P.A. 90-495, eff. 1-1-98; 90-737, eff. 1-1-99.)


15        (10 ILCS 5/9-10) (from Ch. 46, par. 9-10)
16        Sec. 9-10.  Financial reports.
17        (a)  The treasurer of every state political committee and
18    the  treasurer  of every local political committee shall file
19    with the Board, and the treasurer of  every  local  political
20    committee  shall  file  with  the  county  clerk,  reports of
21    campaign contributions, and semi-annual reports  of  campaign
22    contributions  and  expenditures on forms to be prescribed or
23    approved by the Board.   The  treasurer  of  every  political
24    committee that acts as both a state political committee and a
25    local  political  committee  shall file a copy of each report
26    with the State Board  of  Elections  and  the  county  clerk.
27    Entities subject to Section 9-7.5 shall file reports required
28    by  that  Section  at  times provided in this Section and are
29    subject to the penalties provided in this Section.
30        (b)  Reports of campaign contributions shall be filed  no
31    later   than  the  15th  day  next  preceding  each  election
32    including a primary election in  connection  with  which  the
 
                            -91-     LRB093 07599 BDD 16859 a
 1    political    committee   has   accepted   or   is   accepting
 2    contributions or has made or is  making  expenditures.   Such
 3    reports  shall  be complete as of the 30th day next preceding
 4    each election including a primary election.  The Board  shall
 5    assess  a  civil penalty not to exceed $5,000 for a violation
 6    of this  subsection,  except  that  for  State  officers  and
 7    candidates  and  political  committees  formed  for statewide
 8    office, the civil penalty may not exceed $10,000.  The  fine,
 9    however,  shall  not exceed $500 for a first filing violation
10    for filing less than 10 days after the deadline. There  shall
11    be no fine if the report is mailed and postmarked at least 72
12    hours  prior  to the filing deadline. For the purpose of this
13    subsection, "statewide office" and "State officer" means  the
14    Governor, Lieutenant Governor, Attorney General, Secretary of
15    State,  Comptroller,  and  Treasurer.   However, a continuing
16    political committee that neither  accepts  contributions  nor
17    makes  expenditures  on  behalf  of  or  in opposition to any
18    candidate or public question on the  ballot  at  an  election
19    shall   not  be  required  to  file  the  reports  heretofore
20    prescribed but may  file  in  lieu  thereof  a  Statement  of
21    Nonparticipation  in the Election with the Board or the Board
22    and the county clerk.
23        (b-5)  Notwithstanding the provisions of subsection  (b),
24    any  contribution  of  $500  or  more received in the interim
25    between the last date of  the  period  covered  by  the  last
26    report  filed  under subsection (b) prior to the election and
27    the date of the election shall be reported within 2  business
28    days  after  its receipt. The State Board shall allow filings
29    under  this  subsection  (b-5)  to  be  made   by   facsimile
30    transmission.   For   the   purpose  of  this  subsection,  a
31    contribution is considered received on the  date  the  public
32    official,  candidate,  or  political committee (or equivalent
33    person in the  case  of  a  reporting  entity  other  than  a
34    political  committee) actually receives it or, in the case of
 
                            -92-     LRB093 07599 BDD 16859 a
 1    goods or services, 2 days after the date the public official,
 2    candidate, committee, or other reporting entity receives  the
 3    certification  required  under subsection (b) of Section 9-6.
 4    Failure to report each contribution is a  separate  violation
 5    of  this  subsection.   The  Board  shall  impose  fines  for
 6    violations of this subsection as follows:
 7             (1)  if the political committee's or other reporting
 8        entity's  total receipts, total expenditures, and balance
 9        remaining at the end of the last  reporting  period  were
10        each  $5,000  or less, then $100 per business day for the
11        first violation, $200 per business  day  for  the  second
12        violation,  and  $300  per business day for the third and
13        subsequent violations.
14             (2)  if the political committee's or other reporting
15        entity's total receipts, total expenditures, and  balance
16        remaining  at  the  end of the last reporting period were
17        each more than $5,000, then $200 per business day for the
18        first violation, $400 per business  day  for  the  second
19        violation,  and  $600  per business day for the third and
20        subsequent violations.
21        (c)  In addition to such reports the treasurer  of  every
22    political   committee   shall  file  semi-annual  reports  of
23    campaign contributions and expenditures no  later  than  July
24    31st,  covering the period from January 1st through June 30th
25    immediately  preceding,  and  no  later  than  January  31st,
26    covering the period from July 1st through  December  31st  of
27    the  preceding  calendar  year.  Reports of contributions and
28    expenditures must be  filed  to  cover  the  prescribed  time
29    periods even though no contributions or expenditures may have
30    been  received  or  made  during  the period. The Board shall
31    assess a civil penalty not to exceed $5,000 for  a  violation
32    of  this  subsection,  except  that  for  State  officers and
33    candidates and  political  committees  formed  for  statewide
34    office,  the  civil penalty may not exceed $10,000. The fine,
 
                            -93-     LRB093 07599 BDD 16859 a
 1    however, shall not exceed $500 for a first  filing  violation
 2    for  filing less than 10 days after the deadline. There shall
 3    be no fine if the report is mailed and postmarked at least 72
 4    hours prior to the filing deadline. For the purpose  of  this
 5    subsection,  "statewide office" and "State officer" means the
 6    Governor, Lieutenant Governor, Attorney General, Secretary of
 7    State, Comptroller, and Treasurer.
 8        (c-5)  A political committee that acts as  either  (i)  a
 9    State and local political committee or (ii) a local political
10    committee and that files reports electronically under Section
11    9-28  is  not required to file copies of the reports with the
12    appropriate county clerk if the county  clerk  has  a  system
13    that  permits access to, and duplication of, reports that are
14    filed with the State Board of Elections. A  State  and  local
15    political committee or a local political committee shall file
16    with the county clerk a copy of its statement of organization
17    pursuant to Section 9-3.
18        (d)  A  copy of each report or statement filed under this
19    Article shall be preserved by the  person  filing  it  for  a
20    period of two years from the date of filing.
21    (Source: P.A. 90-737, eff. 1-1-99.)

22        (10 ILCS 5/9-21) (from Ch. 46, par. 9-21)
23        Sec.  9-21.  Upon  receipt  of  such complaint, the Board
24    shall hold a closed preliminary hearing to determine  whether
25    or   not   the  complaint  appears  to  have  been  filed  on
26    justifiable grounds. Such closed preliminary hearing shall be
27    conducted as soon as practicable after  affording  reasonable
28    notice,  a  copy  of  the  complaint,  and  an opportunity to
29    testify at  such  hearing  to  both  the  person  making  the
30    complaint  and  the  person  against  whom  the  complaint is
31    directed. If the Board fails to determine determines that the
32    complaint has not been filed on justifiable grounds, it shall
33    dismiss the complaint without further hearing.
 
                            -94-     LRB093 07599 BDD 16859 a
 1        Whenever in the judgment of the  Board,  after  affording
 2    due  notice  and  an  opportunity  for  a public hearing, any
 3    person has engaged or  is  about  to  engage  in  an  act  or
 4    practice  which constitutes or will constitute a violation of
 5    any provision of this Article  or  any  regulation  or  order
 6    issued  thereunder,  the Board shall issue an order directing
 7    such person to take such action as the Board  determines  may
 8    be necessary in the public interest to correct the violation.
 9    In  addition,  if  the act or practice engaged in consists of
10    the failure to file  any  required  report  within  the  time
11    prescribed  by this Article, the Board, as part of its order,
12    shall further provide that if,  within  the  12-month  period
13    following  the  issuance  of  the order, such person fails to
14    file  within  the  time  prescribed  by  this   Article   any
15    subsequent  report  as  may  be  required, such person may be
16    subject to a civil penalty  pursuant  to  Section  9-23.  The
17    Board  shall  render its final judgment within 60 days of the
18    date the complaint is filed; except that during the  60  days
19    preceding  the date of the election in reference to which the
20    complaint is filed, the Board shall render its final judgment
21    within 7 days of the date the complaint is filed, and  during
22    the  7  days  preceding such election, the Board shall render
23    such judgment before the date of such election, if possible.
24        At any time prior to the issuance of  the  Board's  final
25    judgment,  the  parties  may  dispose  of  the complaint by a
26    written stipulation, agreed settlement or consent order.  Any
27    such stipulation, settlement  or  order  shall,  however,  be
28    submitted  in writing to the Board and shall become effective
29    only if approved by  the  Board.   If  the  act  or  practice
30    complained  of  consists  of the failure to file any required
31    report within the  time  prescribed  by  this  Article,  such
32    stipulation,  settlement or order may provide that if, within
33    the  12-month  period  following   the   approval   of   such
34    stipulation,  agreement  or  order,  the person complained of
 
                            -95-     LRB093 07599 BDD 16859 a
 1    fails to file within the time prescribed by this Article  any
 2    subsequent  reports  as  may  be required, such person may be
 3    subject to a civil penalty pursuant to Section 9-23.
 4        Any person filing a complaint pursuant  to  Section  9-20
 5    may,  upon  written  notice  to  the other parties and to the
 6    Board, voluntarily withdraw the complaint at any  time  prior
 7    to the issuance of the Board's final determination.
 8    (Source: P.A. 90-495, eff. 1-1-98.)

 9        (10 ILCS 5/10-5.1) (from Ch. 46, par. 10-5.1)
10        Sec.  10-5.1.  In  the  designation  of  the  name  of  a
11    candidate on a certificate of nomination or nomination papers
12    the  candidate's  given name or names, initial or initials, a
13    nickname by which the  candidate  is  commonly  known,  or  a
14    combination   thereof,   may  be  used  in  addition  to  the
15    candidate's surname. No other designation such as a political
16    slogan, title, or degree, or nickname suggesting or  implying
17    possession  of  a  title,  degree  or professional status, or
18    similar information  may  be  used  in  connection  with  the
19    candidate's surname, except that the title "Mrs." may be used
20    in the case of a married woman.
21    (Source: P.A. 81-135.)

22        (10 ILCS 5/13-1.1) (from Ch. 46, par. 13-1.1)
23        Sec.  13-1.1.  In  addition  to  the list provided for in
24    Section 13-1 or 13-2, the  chairman  of  the  county  central
25    committee  of each of the two leading political parties shall
26    submit to the county  board  a  supplemental  list,  arranged
27    according to precincts in which they are to serve, of persons
28    available  as judges of election, the names and number of all
29    persons listed thereon to be acknowledged in writing  to  the
30    county  chairman  submitting  such  list by the county board.
31    Vacancies among the judges of election  shall  be  filled  by
32    selection  from  this  supplemental list of persons qualified
 
                            -96-     LRB093 07599 BDD 16859 a
 1    under Section 13-4. If the list provided for in Section  13-1
 2    or  13-2  for any precinct is exhausted, then selection shall
 3    be made from the supplemental list submitted by the  chairman
 4    of  the  county  central  committee  of  the  party.  If such
 5    supplemental  list  is  exhausted  for  any  precinct,   then
 6    selection  shall  be  made  from  any  of  the persons on the
 7    supplemental list without regard to the  precincts  in  which
 8    they  are  listed  to serve. No selection or appointment from
 9    the supplemental list shall be made more than 21  days  prior
10    to  the date of precinct registration for those judges needed
11    as precinct registrars, and more than 45 28 days prior to the
12    date of an election for those additional  persons  needed  as
13    election  judges.  In any case where selection cannot be made
14    from the supplemental list without  violating  Section  13-4,
15    selection shall be made from outside the supplemental list of
16    some person qualified under Section 13-4.
17    (Source: P.A. 78-888; 78-889; 78-1297.)

18        (10 ILCS 5/14-3.2) (from Ch. 46, par. 14-3.2)
19        Sec.  14-3.2.  In  addition  to  the list provided for in
20    Section 14-3.1, the chairman of the county central  committee
21    of  each  of the 2 leading political parties shall furnish to
22    the board of  election  commissioners  a  supplemental  list,
23    arranged according to precinct in which they are to serve, of
24    persons available as judges of election, the names and number
25    of  all  persons listed thereon to be acknowledged in writing
26    to the county chairman submitting such list by the  board  of
27    election  commissioners.  The board of election commissioners
28    shall select from this supplemental  list  persons  qualified
29    under  Section  14-1,  to  fill vacancies among the judges of
30    election. If the list provided for in Section 14-3.1 for  any
31    precinct  is exhausted, then selection shall be made from the
32    supplemental list furnished by the  chairman  of  the  county
33    central  committee of the party. If such supplemental list is
 
                            -97-     LRB093 07599 BDD 16859 a
 1    exhausted for any precinct, then selection shall be made from
 2    any of the persons on the supplemental list without regard to
 3    the precincts in which they are listed to serve. No selection
 4    or appointment from the supplemental list shall be made  more
 5    than  21  days prior to the date of precinct registration for
 6    those judges needed as precinct registrars, and more than  45
 7    28 days prior to the date of an election for those additional
 8    persons   needed  as  election  judges.  In  any  case  where
 9    selection cannot be made from the supplemental  list  without
10    violating  Section 14-1, selection shall be made from outside
11    the supplemental list of some person qualified under  Section
12    14-1.
13    (Source: P.A. 78-888; 78-889; 78-1297.)

14        (10 ILCS 5/16-3) (from Ch. 46, par. 16-3)
15        Sec.  16-3.  (a) The  names of all candidates to be voted
16    for in each election district or precinct shall be printed on
17    one ballot, except as is  provided  in  Sections  16-6.1  and
18    21-1.01  of this Act and except as otherwise provided in this
19    Act with respect to the odd year regular  elections  and  the
20    emergency  referenda;  all nominations of any political party
21    being placed under the party appellation  or  title  of  such
22    party  as  designated  in  the  certificates of nomination or
23    petitions. The names of all independent candidates  shall  be
24    printed  upon  the  ballot  in  a column or columns under the
25    heading "independent" arranged under the names or  titles  of
26    the  respective offices for which such independent candidates
27    shall have been nominated and so far as practicable, the name
28    or names of any independent candidate or candidates  for  any
29    office  shall be printed upon the ballot opposite the name or
30    names of any candidate or  candidates  for  the  same  office
31    contained  in  any  party column or columns upon said ballot.
32    The ballot shall contain no other names, except that in cases
33    of electors for President and Vice-President  of  the  United
 
                            -98-     LRB093 07599 BDD 16859 a
 1    States,  the  names  of  the  candidates  for  President  and
 2    Vice-President  may  be  added  to  the party designation and
 3    words calculated to aid the voter in his choice of candidates
 4    may be added, such as "Vote for one," "Vote for three."  When
 5    an  electronic  voting system is used which utilizes a ballot
 6    label booklet, the candidates and questions shall  appear  on
 7    the pages of such booklet in the order provided by this Code;
 8    and,  in  any case where candidates for an office appear on a
 9    page which does not contain the name  of  any  candidate  for
10    another  office,  and  where  less  than  50%  of the page is
11    utilized, the name of no candidate shall be  printed  on  the
12    lowest  25%  of  such  page.  On  the  back or outside of the
13    ballot, so as to appear when folded,  shall  be  printed  the
14    words  "Official  Ballot", followed by the designation of the
15    polling place for which the ballot is prepared, the  date  of
16    the election and a facsimile of the signature of the election
17    authority  who  has  caused  the  ballots  to be printed. The
18    ballots shall be of plain  white  paper,  through  which  the
19    printing  or writing cannot be read. However, ballots for use
20    at the nonpartisan and consolidated elections may be  printed
21    on   different  color  paper,  except  blue  paper,  whenever
22    necessary or desirable to facilitate  distinguishing  between
23    ballots  for different political subdivisions. In the case of
24    nonpartisan   elections   for   officers   of   a   political
25    subdivision, unless  the  statute  or  an  ordinance  adopted
26    pursuant  to  Article  VII  of the Constitution providing the
27    form of government therefor requires  otherwise,  the  column
28    listing  such nonpartisan candidates shall be printed with no
29    appellation or circle at its head. The party  appellation  or
30    title,  or  the  word "independent" at the head of any column
31    provided for independent  candidates,  shall  be  printed  in
32    letters  not  less than one-fourth of an inch in height and a
33    circle one-half inch in diameter  shall  be  printed  at  the
34    beginning  of  the line in which such appellation or title is
 
                            -99-     LRB093 07599 BDD 16859 a
 1    printed, provided, however, that  no  such  circle  shall  be
 2    printed  at  the  head  of any column or columns provided for
 3    such independent candidates. The names of candidates shall be
 4    printed in letters not less than  one-eighth  nor  more  than
 5    one-fourth of an inch in height, and at the beginning of each
 6    line in which a name of a candidate is printed a square shall
 7    be  printed,  the  sides  of  which  shall  be  not less than
 8    one-fourth of an inch in length. However, the  names  of  the
 9    candidates  for  Governor and Lieutenant Governor on the same
10    ticket shall be printed within a bracket and a single  square
11    shall  be  printed  in  front  of  the  bracket.  The list of
12    candidates of the  several  parties  and  any  such  list  of
13    independent candidates shall be placed in separate columns on
14    the  ballot in such order as the election authorities charged
15    with the printing of the ballots shall decide; provided, that
16    the names of the candidates of the several political parties,
17    certified by the State Board  of  Elections  to  the  several
18    county  clerks  shall  be  printed by the county clerk of the
19    proper county on the official ballot in the  order  certified
20    by  the  State Board of Elections. Any county clerk refusing,
21    neglecting or failing to print on  the  official  ballot  the
22    names  of  candidates of the several political parties in the
23    order certified by the State  Board  of  Elections,  and  any
24    county  clerk  who  prints  or  causes to be printed upon the
25    official ballot the name of a candidate, for an office to  be
26    filled  by  the  Electors of the entire State, whose name has
27    not been duly certified to him upon a certificate  signed  by
28    the  State  Board  of  Elections shall be guilty of a Class C
29    misdemeanor.
30        (b)  When an  electronic  voting  system  is  used  which
31    utilizes  a  ballot  card,  on the inside flap of each ballot
32    card envelope there shall be  printed  a  form  for  write-in
33    voting which shall be substantially as follows:
34                           WRITE-IN VOTES
 
                            -100-    LRB093 07599 BDD 16859 a
 1        (See  card  of  instructions  for  specific  information.
 2    Duplicate form below by hand for additional write-in votes.)
 3          _____________________________
 4          Title of Office
 5    (   )  ____________________________
 6          Name of Candidate
 7        (c)  When  an electronic voting system is used which uses
 8    a ballot sheet, the instructions  to  voters  on  the  ballot
 9    sheet  shall  refer the voter to the card of instructions for
10    specific information on write-in voting.  Below  each  office
11    appearing on such ballot sheet there shall be a provision for
12    the casting of a write-in vote.
13        (d)  When  such electronic system is used, there shall be
14    printed on the back of each ballot  card,  each  ballot  card
15    envelope,  and  the  first  page  of  the ballot label when a
16    ballot label is used, the words "Official  Ballot,"  followed
17    by   the   number   of   the   precinct   or  other  precinct
18    identification, which may be stamped, in lieu thereof and, as
19    applicable, the number and name  of  the  township,  ward  or
20    other  election  district  for  which the ballot card, ballot
21    card envelope, and ballot label are prepared, the date of the
22    election and a facsimile of the  signature  of  the  election
23    authority who has caused the ballots to be printed.  The back
24    of the ballot card shall also include a method of identifying
25    the  ballot  configuration such as a listing of the political
26    subdivisions and districts for which votes  may  be  cast  on
27    that   ballot,  or  a  number  code  identifying  the  ballot
28    configuration or color coded ballots, except that where there
29    is only one ballot configuration in a precinct, the  precinct
30    identification, and any applicable ward identification, shall
31    be  sufficient.   Ballot  card  envelopes  used in punch card
32    systems shall be of paper through which no writing or punches
33    may be discerned and shall be of sufficient length to enclose
34    all voting positions.  However, the  election  authority  may
 
                            -101-    LRB093 07599 BDD 16859 a
 1    provide  ballot card envelopes on which no precinct number or
 2    township, ward or other  election  district  designation,  or
 3    election  date are preprinted, if space and a preprinted form
 4    are provided below  the  space  provided  for  the  names  of
 5    write-in  candidates where such information may be entered by
 6    the judges  of  election.   Whenever  an  election  authority
 7    utilizes ballot card envelopes on which the election date and
 8    precinct  is  not  preprinted, a judge of election shall mark
 9    such information for the particular precinct and election  on
10    the envelope in ink before tallying and counting any write-in
11    vote  written  thereon.  If  some  method  of insuring ballot
12    secrecy other than an envelope is used, such information must
13    be provided on the ballot itself.
14        (e)  In the designation of the name of a candidate on the
15    ballot, the candidate's  given  name  or  names,  initial  or
16    initials,  a  nickname  by  which  the  candidate is commonly
17    known, or a combination thereof, may be used in  addition  to
18    the  candidate's  surname.  No  other  designation  such as a
19    political slogan, title, or degree or nickname suggesting  or
20    implying  possession  of  a  title,  degree  or  professional
21    status, or similar information may be used in connection with
22    the  candidate's surname, except that the title "Mrs." may be
23    used in the case of a married woman.  For  purposes  of  this
24    Section, a "political slogan" is defined as any word or words
25    expressing  or  connoting a position, opinion, or belief that
26    the candidate may espouse, including but not limited to,  any
27    word  or  words  conveying any meaning other than that of the
28    personal identity of the candidate. A candidate may not use a
29    political slogan as part of his or her name  on  the  ballot,
30    notwithstanding  that the political slogan may be part of the
31    candidate's name.
32        (f)  The State  Board  of  Elections,  a  local  election
33    official,   or   an   election  authority  shall  remove  any
34    candidate's  name  designation  from   a   ballot   that   is
 
                            -102-    LRB093 07599 BDD 16859 a
 1    inconsistent   with   subsection  (e)  of  this  Section.  In
 2    addition, the State Board  of  Elections,  a  local  election
 3    official,  or  an election authority shall not certify to any
 4    election authority any candidate  name  designation  that  is
 5    inconsistent with subsection (e) of this Section.
 6        (g)  If  the  State  Board of Elections, a local election
 7    official, or an election authority removes a candidate's name
 8    designation from  a  ballot  under  subsection  (f)  of  this
 9    Section,  then  the  aggrieved candidate may seek appropriate
10    relief in circuit court.
11        Where voting machines or electronic  voting  systems  are
12    used,  the  provisions  of  this  Section  may be modified as
13    required  or  authorized  by  Article  24  or  Article   24A,
14    whichever is applicable.
15        Nothing   in   this   Section   shall  prohibit  election
16    authorities from using or reusing ballot card envelopes which
17    were printed before the effective date of this amendatory Act
18    of 1985.
19    (Source: P.A. 92-178, eff. 1-1-02.)

20        (10 ILCS 5/17-23) (from Ch. 46, par. 17-23)
21        Sec. 17-23.  Pollwatchers in a general election shall  be
22    authorized in the following manner:
23        (1)  Each  established  political party shall be entitled
24    to appoint two pollwatchers per precinct.  Such  pollwatchers
25    must  be  affiliated  with the political party for which they
26    are pollwatching.  For all elections, the pollwatchers except
27    as provided  in  subsection  (4),  one  pollwatcher  must  be
28    registered to vote in Illinois from a residence in the county
29    in  which he is pollwatching.  The second pollwatcher must be
30    registered to vote from a residence in the precinct  or  ward
31    in which he is pollwatching.
32        (2)  Each  candidate  shall  be  entitled  to appoint two
33    pollwatchers  per   precinct.    For   all   elections,   the
 
                            -103-    LRB093 07599 BDD 16859 a
 1    pollwatchers  one  pollwatcher  must be registered to vote in
 2    Illinois from a residence  in  the  county  in  which  he  is
 3    pollwatching.    The second pollwatcher must be registered to
 4    vote from a residence in the precinct or ward in which he  is
 5    pollwatching.
 6        (3)  Each  organization  of citizens within the county or
 7    political  subdivision,  which  has  among  its  purposes  or
 8    interests  the  investigation  or  prosecution  of   election
 9    frauds,  and which shall have registered its name and address
10    and the name and addresses of its principal officers with the
11    proper  election  authority  at  least  40  days  before  the
12    election, shall be entitled to appoint  one  pollwatcher  per
13    precinct.   For  all  elections, the such pollwatcher must be
14    registered to vote in Illinois from a residence in the county
15    in which he is pollwatching.
16        (4)  In any general election held to elect candidates for
17    the  offices  of  a  municipality  of  less  than   3,000,000
18    population  that  is  situated  in  2  or  more  counties,  a
19    pollwatcher  who  is a resident of Illinois a county in which
20    any part of the municipality is situated shall be eligible to
21    serve as a  pollwatcher  in  any  poll  located  within  such
22    municipality,   provided   that  such  pollwatcher  otherwise
23    complies with the respective requirements of subsections  (1)
24    through  (3)  of  this  Section  and is a registered voter in
25    Illinois whose residence is within the municipality.
26        (5)  Each organized group of proponents or opponents of a
27    ballot proposition, which shall have registered the name  and
28    address  of  its  organization  or committee and the name and
29    address of its chairman with the proper election authority at
30    least 40 days before  the  election,  shall  be  entitled  to
31    appoint  one  pollwatcher per precinct.  The Such pollwatcher
32    must be registered to vote in Illinois from  a  residence  in
33    the  county  in  which  the ballot proposition is being voted
34    upon.
 
                            -104-    LRB093 07599 BDD 16859 a
 1        All  pollwatchers  shall  be  required  to  have   proper
 2    credentials.  Such credentials shall be printed in sufficient
 3    quantities,  shall  be  issued  by  and  under  the facsimile
 4    signature(s) of the election authority and shall be available
 5    for distribution at least 2 weeks prior to the election. Such
 6    credentials shall be authorized  by  the  real  or  facsimile
 7    signature  of  the  State  or  local  party  official  or the
 8    candidate or the presiding officer of the civic  organization
 9    or  the  chairman  of the proponent or opponent group, as the
10    case may be.
11        Pollwatcher credentials shall  be  in  substantially  the
12    following form:

13                       POLLWATCHER CREDENTIALS
14    TO THE JUDGES OF ELECTION:
15        In  accordance  with the provisions of the Election Code,
16    the  undersigned  hereby   appoints   ..........   (name   of
17    pollwatcher)  who  resides  at  ........... (address) in  the
18    county of ..........., .......... (township or  municipality)
19    of  ...........  (name),  State  of  Illinois and who is duly
20    registered  to  vote  from  this   address,  to  act   as   a
21    pollwatcher  in  the  ........... precinct of the ...........
22    ward  (if  applicable)  of  the  ...........   (township   or
23    municipality)  of  ........... at the ........... election to
24    be held on (insert date).
25    ........................  (Signature of Appointing Authority)
26    ......................... TITLE  (party official,  candidate,
27                                    civic organization president,
28                            proponent or opponent group chairman)

29        Under penalties provided by law pursuant to Section 29-10
30    of the Election Code, the undersigned  pollwatcher  certifies
31    that  he  or she resides at ................ (address) in the
32    county of ............, ......... (township or  municipality)
33    of  ...........  (name),  State  of  Illinois,  and  is  duly
 
                            -105-    LRB093 07599 BDD 16859 a
 1    registered to vote in Illinois from that address.
 2    ..........................            .......................
 3    (Precinct and/or Ward in           (Signature of Pollwatcher)
 4    Which Pollwatcher Resides)

 5        Pollwatchers must present their credentials to the Judges
 6    of  Election  upon  entering  the polling place.  Pollwatcher
 7    credentials properly executed and signed shall  be  proof  of
 8    the  qualifications  of  the  pollwatcher authorized thereby.
 9    Such credentials are retained by the Judges and  returned  to
10    the Election Authority at the end of the day of election with
11    the   other  election  materials.   Once  a  pollwatcher  has
12    surrendered a valid credential, he may leave and reenter  the
13    polling  place  provided that such continuing action does not
14    disrupt the conduct of the  election.   Pollwatchers  may  be
15    substituted  during  the  course  of the day, but established
16    political   parties,   candidates   and    qualified    civic
17    organizations can have only as many pollwatchers at any given
18    time  as  are  authorized in this Article.  A substitute must
19    present his signed credential to the judges of election  upon
20    entering   the  polling  place.   Election  authorities  must
21    provide a sufficient  number  of  credentials  to  allow  for
22    substitution  of  pollwatchers.   After the polls have closed
23    pollwatchers shall be allowed to remain until the canvass  of
24    votes  is  completed; but may leave and reenter only in cases
25    of necessity, provided that such action is not so  continuous
26    as to disrupt the canvass of votes.
27        Candidates  seeking  office in a district or municipality
28    encompassing 2 or more counties shall be admitted to any  and
29    all  polling  places throughout such district or municipality
30    without regard to the counties in which such  candidates  are
31    registered  to  vote.   Actions  of  such candidates shall be
32    governed in each polling place by  the  same  privileges  and
33    limitations  that  apply  to pollwatchers as provided in this
34    Section.  Any such candidate who engages in an activity in  a
 
                            -106-    LRB093 07599 BDD 16859 a
 1    polling  place  which  could  reasonably  be  construed  by a
 2    majority of the judges of election as campaign activity shall
 3    be removed forthwith from such polling place.
 4        Candidates seeking office in a district  or  municipality
 5    encompassing  2 or more counties who desire to be admitted to
 6    polling  places  on  election  day  in   such   district   or
 7    municipality  shall  be  required to have proper credentials.
 8    Such credentials shall be printed in  sufficient  quantities,
 9    shall  be  issued by and under the facsimile signature of the
10    election authority of the  election  jurisdiction  where  the
11    polling  place  in  which  the  candidate seeks admittance is
12    located, and shall be available for distribution at  least  2
13    weeks  prior  to  the  election.   Such  credentials shall be
14    signed by the candidate.
15        Candidate  credentials  shall  be  in  substantially  the
16    following form:

17                        CANDIDATE CREDENTIALS
18        TO THE JUDGES OF ELECTION:
19        In accordance with the provisions of the Election Code, I
20    ...... (name  of  candidate)  hereby  certify  that  I  am  a
21    candidate for ....... (name of office) and seek admittance to
22    .......  precinct  of the ....... ward (if applicable) of the
23    ....... (township or municipality) of ....... at the  .......
24    election to be held on (insert date).
25    .........................             .......................
26    (Signature of Candidate)              OFFICE FOR WHICH
27                                          CANDIDATE SEEKS
28                                          NOMINATION OR
29                                          ELECTION

30        Pollwatchers   shall   be   permitted   to   observe  all
31    proceedings relating to the conduct of the  election  and  to
32    station  themselves  in a position in the voting room as will
33    enable them  to  observe  the  judges  making  the  signature
 
                            -107-    LRB093 07599 BDD 16859 a
 1    comparison  between  the  voter  application  and  the  voter
 2    registration   record  card;  provided,  however,  that  such
 3    pollwatchers shall not be permitted to station themselves  in
 4    such  close  proximity  to  the  judges  of election so as to
 5    interfere with the orderly conduct of the election and  shall
 6    not, in any event, be permitted to handle election materials.
 7    Pollwatchers    may    challenge   for   cause   the   voting
 8    qualifications of a person offering to vote and may  call  to
 9    the  attention  of  the  judges  of  election  any  incorrect
10    procedure or apparent violations of this Code.
11        If  a  majority  of the judges of election determine that
12    the  polling  place   has   become   too   overcrowded   with
13    pollwatchers  so  as to interfere with the orderly conduct of
14    the  election,  the  judges  shall,  by   lot,   limit   such
15    pollwatchers   to  a  reasonable  number,  except  that  each
16    established or new political party shall be permitted to have
17    at least one pollwatcher present.
18        Representatives of an election authority, with regard  to
19    an  election  under  its  jurisdiction,  the  State  Board of
20    Elections, and law enforcement agencies,  including  but  not
21    limited  to a United States Attorney, a State's attorney, the
22    Attorney General,  and  a  State,  county,  or  local  police
23    department,  in  the  performance  of their official election
24    duties, shall be permitted at all times to enter  and  remain
25    in  the polling place.  Upon entering the polling place, such
26    representatives shall display their official  credentials  or
27    other identification to the judges of election.
28        Uniformed  police officers assigned to polling place duty
29    shall  follow  all  lawful  instructions  of  the  judges  of
30    election.
31        The provisions  of  this  Section  shall  also  apply  to
32    supervised casting of absentee ballots as provided in Section
33    19-12.2 of this Act.
34    (Source: P.A. 90-655, eff. 7-30-98; 91-357, eff. 7-29-99.)
 
                            -108-    LRB093 07599 BDD 16859 a
 1        (10 ILCS 5/17-29) (from Ch. 46, par. 17-29)
 2        Sec.  17-29.  (a)  No  judge of election, pollwatcher, or
 3    other person shall,  at  any  primary  or  election,  do  any
 4    electioneering  or  soliciting  of  votes  or  engage  in any
 5    political discussion within any polling place or  within  100
 6    feet  of any polling place; no person shall interrupt, hinder
 7    or oppose any voter while approaching within 100 feet of  any
 8    polling  place  for the purpose of voting. Judges of election
 9    shall enforce the provisions of this Section.
10        (b)  Election officers shall place 2 or more cones, small
11    United States national flags, or some other marker a distance
12    of 100 horizontal feet from each entrance to the room used by
13    voters to engage in voting,  which  shall  be  known  as  the
14    polling  room.  If  the  polling  room  is  located  within a
15    building that is a public or private school or  a  church  or
16    other  organization  founded  for  the  purpose  of religious
17    worship and the distance of 100 horizontal feet  ends  within
18    the  interior  of  the  building,  then  the markers shall be
19    placed outside of the  building  at  each  entrance  used  by
20    voters  to enter that building on the grounds adjacent to the
21    thoroughfare or walkway.  If  the  polling  room  is  located
22    within a public or private building with 2 or more floors and
23    the  polling  room  is  located on the ground floor, then the
24    markers  shall  be  placed  100  horizontal  feet  from  each
25    entrance to the polling room used  by  voters  to  engage  in
26    voting. If the polling room is located in a public or private
27    building  with  2  or  more  floors  and  the polling room is
28    located on a floor above or below the ground floor, then  the
29    markers  shall  be  placed  a  distance  of 100 feet from the
30    nearest elevator or staircase used by voters  on  the  ground
31    floor  to access the floor where the polling room is located.
32    The area within where the markers are placed shall  be  known
33    as  a  campaign  free  zone, and electioneering is prohibited
34    pursuant to this subsection.
 
                            -109-    LRB093 07599 BDD 16859 a
 1        The area on polling place property  beyond  the  campaign
 2    free  zone,  whether publicly or privately owned, is a public
 3    forum for the time that the polls are  open  on  an  election
 4    day.  At  the request of election officers any publicly owned
 5    building must be made available for use as a polling place. A
 6    person shall have the  right  to  congregate  and  engage  in
 7    electioneering  on any polling place property while the polls
 8    are open beyond the campaign free  zone,  including  but  not
 9    limited to, the placement of temporary signs. This subsection
10    shall  be construed liberally in favor of persons engaging in
11    electioneering on  all  polling  place  property  beyond  the
12    campaign free zone for the time that the polls are open on an
13    election day.
14        (c)  The  regulation  of  electioneering on polling place
15    property on an election day, including but not limited to the
16    placement of temporary  signs,  is  an  exclusive  power  and
17    function  of  the  State.  A  home rule unit may not regulate
18    electioneering and any ordinance or  local  law  contrary  to
19    subsection  (c)  is  declared  void.  This  is  a  denial and
20    limitation of home rule powers and functions under subsection
21    (h) of Section 6 of Article VII of the Illinois Constitution.
22    (Source: P.A. 80-1090.)

23        (10 ILCS 5/Art. 18A heading new)

24                             ARTICLE 18A
25                         PROVISIONAL VOTING

26        (10 ILCS 5/18A-2 new)
27        Sec. 18A-2.  Application of Article. In addition  to  and
28    notwithstanding any other law to the contrary, the procedures
29    in this Article shall govern provisional voting.

30        (10 ILCS 5/18A-5 new)

 
                            -110-    LRB093 07599 BDD 16859 a
 1        Sec. 18A-5.  Provisional voting; general provisions.
 2        (a)  A  person  who  claims  to  be a registered voter is
 3    entitled to cast a provisional  ballot  under  the  following
 4    circumstances:
 5             (1)  The  person's  name  does  not  appear  on  the
 6        official  list  of  eligible  voters,  whether  a list of
 7        active or inactive voters, for the precinct in which  the
 8        person seeks to vote;
 9             (2)  The  person's voting status has been challenged
10        by an election judge, a poll watcher, or any legal  voter
11        and  that  challenge  has been sustained by a majority of
12        the election judges; or
13             (3)  A federal or State court order extends the time
14        for closing the polls beyond the time period  established
15        by  State  law  and  the person votes during the extended
16        time period.
17        (b)  The  procedure   for   obtaining   and   casting   a
18    provisional ballot at the polling place shall be as follows:
19             (1)  An  election  judge  at the polling place shall
20        notify a person who is entitled  to  cast  a  provisional
21        ballot pursuant to subsection (a) that he or she may cast
22        a  provisional ballot in that election. An election judge
23        must accept any information  provided  by  a  person  who
24        casts  a  provisional  ballot  that  the  person believes
25        supports his or her claim  that  he  or  she  is  a  duly
26        registered voter and qualified to vote in the election.
27             (2)  The   person   shall  execute  a  written  form
28        provided by  the  election  judge  that  shall  state  or
29        contain all of the following:
30             (i)  an affidavit stating the following:
31                  State  of Illinois, County of ................,
32             Township  .............,  Precinct  ........,   Ward
33             ........,  I,  .......................,  do solemnly
34             swear (or affirm) that: I am a citizen of the United
 
                            -111-    LRB093 07599 BDD 16859 a
 1             States; I am 18  years  of  age  or  older;  I  have
 2             resided  in  this  State and in this precinct for 30
 3             days preceding this election; I have  not  voted  in
 4             this election; I am a duly registered voter in every
 5             respect; and I am eligible to vote in this election.
 6             Signature  ......  Printed  Name  of  Voter  .......
 7             Printed  Residence  Address  of  Voter  ......  City
 8             ......  State  ....  Zip Code ..... Telephone Number
 9             ...... Date of Birth .......  and  Driver's  License
10             Number  .......  Last  4  digits  of Social Security
11             Number ...... or State Identification Card Number.
12             (ii)  Written instruction stating the following:
13                  In order to expedite the verification  of  your
14             voter  registration status, the .... (insert name of
15             county clerk  of  board  of  election  commissioners
16             here)  requests  that  you include your phone number
17             and  both  the  last  four  digits  of  your  social
18             security number and your driver's license number  or
19             State  Identification  Card  Number issued to you by
20             the Secretary of State. At minimum, you are required
21             to include either (A) your driver's  license  number
22             or State Identification Card Number issued to you by
23             the  Secretary  of State or (B) the last 4 digits of
24             your social security number.
25             (iii)  A box for the election judge to check one  of
26        the  3  reasons  why  the  person was given a provisional
27        ballot under subsection (a) of Section 18A-5.
28             (iv)  An area for the election judge to affix his or
29        her signature and to set forth any facts that support  or
30        oppose the allegation that the person is not qualified to
31        vote  in  the  precinct in which the person is seeking to
32        vote.
33        The written affidavit form described in  this  subsection
34    (b)(2) must be printed on a multi-part form prescribed by the
 
                            -112-    LRB093 07599 BDD 16859 a
 1    county  clerk or board of election commissioners, as the case
 2    may be.
 3        (3)  After the person executes the portion of the written
 4    affidavit described in subsection (b)(2)(i) of this  Section,
 5    the  election judge shall complete the portion of the written
 6    affidavit described in subsection (b)(2)(iii) and (b)(2)(iv).
 7        (4)  The  election  judge  shall  give  a  copy  of   the
 8    completed written affidavit to the person. The election judge
 9    shall place the original written affidavit in a self-adhesive
10    clear  plastic packing list envelope that must be attached to
11    a  separate  envelope  marked  as   a   "provisional   ballot
12    envelope".   The   election   judge   shall  also  place  any
13    information provided by the person who  casts  a  provisional
14    ballot  in  the  clear  plastic  packing  list envelope. Each
15    county clerk or board of election commissioners, as the  case
16    may  be,  must  design, obtain or procure self-adhesive clear
17    plastic  packing  list  envelopes  and   provisional   ballot
18    envelopes  that are suitable for implementing this subsection
19    (b)(4) of this Section.
20        (5)  The election judge shall provide the person  with  a
21    provisional   ballot,  written  instructions  for  casting  a
22    provisional ballot, and the provisional ballot envelope  with
23    the  clear plastic packing list envelope affixed to it, which
24    contains the person's original written affidavit and, if any,
25    information provided by the provisional voter to support  his
26    or  her  claim  that he or she is a duly registered voter. An
27    election judge must also give the person written  information
28    that  states  that  any person who casts a provisional ballot
29    shall  be  able  to   ascertain,   pursuant   to   guidelines
30    established  by  the  State  Board  of Elections, whether the
31    provisional vote was counted in the official canvass of votes
32    for that election  and,  if  the  provisional  vote  was  not
33    counted, the reason that the vote was not counted.
34        (6)  After  the  person  has completed marking his or her
 
                            -113-    LRB093 07599 BDD 16859 a
 1    provisional ballot, he or she shall place the  marked  ballot
 2    inside of the provisional ballot envelope, close and seal the
 3    envelope,  and  return the envelope to an election judge, who
 4    shall then deposit the  sealed  provisional  ballot  envelope
 5    into a securable container separately identified and utilized
 6    for  containing sealed provisional ballot envelopes. Upon the
 7    closing of the polls, the securable container shall be sealed
 8    with filament tape provided for that purpose, which shall  be
 9    wrapped  around  the  box  lengthwise and crosswise, at least
10    twice each way, and each of the election  judges  shall  sign
11    the seal.
12        (c)  Instead   of   the   affidavit   form  described  in
13    subsection  (b),  the  county  clerk  or  board  of  election
14    commissioners, as the case may  be,  may  design  and  use  a
15    multi-part  affidavit form that is imprinted upon or attached
16    to the provisional ballot envelope  described  in  subsection
17    (b).  If  a  county  clerk or board of election commissioners
18    elects to design and use its own multi-part  affidavit  form,
19    then  the  county  clerk  or  board of election commissioners
20    shall establish a mechanism for accepting any information the
21    provisional voter has  supplied  to  the  election  judge  to
22    support  his or her claim that he or she is a duly registered
23    voter. In all other respects, a  county  clerk  or  board  of
24    election  commissioners shall establish procedures consistent
25    with subsection (b).
26        (d)  The county clerk or board of election commissioners,
27    as the case may be, shall use the  completed  affidavit  form
28    described  in  subsection  (b)  to  update the person's voter
29    registration information  in  the  State  voter  registration
30    database  and voter registration database of the county clerk
31    or board of election commissioners, as the case may be. If  a
32    person is later determined not to be a registered voter based
33    on  Section  18A-15 of this Code, then the affidavit shall be
34    processed  by  the  county  clerk  or   board   of   election
 
                            -114-    LRB093 07599 BDD 16859 a
 1    commissioners,  as  the  case may be, as a voter registration
 2    application.

 3        (10 ILCS 5/18A-10 new)
 4        Sec.  18A-10.  Sealing   and   transporting   provisional
 5    ballots.
 6        (a)  Upon the closing of the polls, 2 election judges not
 7    of  the same political party shall return to the county clerk
 8    or  board  of  election  commissioners  the  unopened  sealed
 9    securable container containing the provisional ballots  to  a
10    location  specified  by the county clerk or board of election
11    commissioners in the most direct  manner  of  transport.  The
12    county  clerk  or  board of election commissioners shall keep
13    the  securable  container  secure  until  such  time  as  the
14    provisional ballots are counted in  accordance  with  Section
15    18A-15.
16        (b)  Upon  receipt of materials returned from the polling
17    places, the county clerk or board of  election  commissioners
18    shall  update the State voter registration list and the voter
19    registration  database  of  the  county  clerk  or  board  of
20    election commissioners, as the case  may  be,  by  using  the
21    affidavit forms of provisional voters.

22        (10 ILCS 5/18A-15 new)
23        Sec.   18A-15.  Validating   and   counting   provisional
24    ballots.
25        (a)  The  county clerk or board of election commissioners
26    shall complete the validation  and  counting  of  provisional
27    ballots  within  14 calendar days of the day of the election.
28    The county clerk or board  of  election  commissioners  shall
29    have  7  calendar  days from the completion of the validation
30    and counting of provisional  ballots  to  conduct  its  final
31    canvass. The State Board of Election shall complete within 31
32    calendar  days  of  the election or sooner if all the returns
 
                            -115-    LRB093 07599 BDD 16859 a
 1    are received, its final canvass of the vote  for  all  public
 2    offices.
 3        (b)  If a county clerk or board of election commissioners
 4    determines   that   all   of  the  following  apply,  then  a
 5    provisional ballot is valid and shall be counted as a vote:
 6             (1)  The  provisional  voter  cast  the  provisional
 7        ballot in the  correct  precinct  based  on  the  address
 8        provided by the provisional voter;
 9             (2)  The affidavit executed by the provisional voter
10        pursuant  to  subsection  (b)(2)  of  Section  18A-10  is
11        properly executed; and
12             (3)  the  provisional  voter  is  a registered voter
13        based on information available to  the  county  clerk  or
14        board  of  election commissioners provided by or obtained
15        from any of the following:
16                  i.  the provisional voter;
17                  ii.  an election judge;
18                  iii.  the   State-wide    voter    registration
19             database maintained by the State Board of Elections;
20                  iv.  the  records  of the county clerk or board
21             of election commissioners' database; or
22                  v.  the records of the Secretary of State.
23        (c)  With respect to subsection (b)(3) of  this  Section,
24    the  county  clerk  or  board of election commissioners shall
25    investigate whether each of the 5  types  of  information  is
26    available  and  record  whether this information is or is not
27    available. If one or more types of information is  available,
28    then  the  county  clerk  or  board of election commissioners
29    shall  obtain  all  relevant  information  from  all  sources
30    identified in subsection (b)(3). The county clerk or board of
31    election commissioners shall use any information  it  obtains
32    as the basis for determining the voter registration status of
33    the  provisional  voter.  If  a  conflict  exists  among  the
34    information  available  to  the  county  clerk  or  board  of
 
                            -116-    LRB093 07599 BDD 16859 a
 1    election  commissioners  as to the registration status of the
 2    provisional voter, then the county clerk or board of election
 3    commissioners  shall  make  a  determination  based  on   the
 4    totality  of  the  circumstances.  In  a case where the above
 5    information equally  supports  or  opposes  the  registration
 6    status  of  the  voter, the county clerk or board of election
 7    commissioners shall decide in favor of the provisional  voter
 8    as  being  duly  registered  to  vote. If the Statewide voter
 9    registration  database  maintained  by  the  State  Board  of
10    Elections indicates that the provisional voter is  registered
11    to  vote,  but  the  county  clerk's  or  board  of  election
12    commissioners' voter registration database indicates that the
13    provisional  voter  is  not  registered  to  vote,  then  the
14    information   found   in  the  statewide  voter  registration
15    database shall control the matter and the  provisional  voter
16    shall  be  deemed to be registered to vote. If the records of
17    the county clerk or board of election commissioners indicates
18    that the provisional voter is registered  to  vote,  but  the
19    State-wide  voter  registration  database  maintained  by the
20    State Board of Elections indicates that the provisional voter
21    is not registered to vote, then the information found in  the
22    records   of   the   county   clerk   or  board  of  election
23    commissioners shall control the matter  and  the  provisional
24    voter  shall  be  deemed  to  be  registered  to vote. If the
25    provisional voter's  signature  on  his  or  her  provisional
26    ballot  request  varies  from  the  signature on an otherwise
27    valid  registration  application  solely   because   of   the
28    substitution  of  initials  for the first or middle name, the
29    election authority may not reject the provisional ballot.
30        (d)  In validating the registration status  of  a  person
31    casting  a  provisional  ballot, the county clerk or board of
32    election commissioners shall not require a provisional  voter
33    to complete any form other than the affidavit executed by the
34    provisional  voter  under subsection (b)(2) of Section 18A-5.
 
                            -117-    LRB093 07599 BDD 16859 a
 1    In  addition,  the  county  clerk  or   board   of   election
 2    commissioners shall not require all provisional voters or any
 3    particular  class  or  group  of provisional voters to appear
 4    personally before the  county  clerk  or  board  of  election
 5    commissioners  or  as  a matter of policy require provisional
 6    voters  to  submit  additional  information  to   verify   or
 7    otherwise  support  the  information already submitted by the
 8    provisional  voter.  The  provisional  voter  may,  within  2
 9    calendar  days  after   the   election,   submit   additional
10    information   to  the  county  clerk  or  board  of  election
11    commissioners. This  information  must  be  received  by  the
12    county  clerk  or  board of election commissioners within the
13    2-calendar-day period.
14        (e)  If  the  county   clerk   or   board   of   election
15    commissioners  determines  that subsection (b)(1), (b)(2), or
16    (b)(3) does not apply, then the  provisional  ballot  is  not
17    valid and may not be counted. The provisional ballot envelope
18    containing  the  ballot cast by the provisional voter may not
19    be  opened.  The  county   clerk   or   board   of   election
20    commissioners  shall write on the provisional ballot envelope
21    the following: "Provisional ballot determined invalid.".
22        (f)  If  the  county   clerk   or   board   of   election
23    commissioners  determines  that a provisional ballot is valid
24    under this Section,  then  the  provisional  ballot  envelope
25    shall  be  opened.  The  outside  of  each provisional ballot
26    envelope shall also be marked to identify  the  precinct  and
27    the date of the election.
28        (g)  The provisional ballots determined to be valid shall
29    be added to the vote totals for the precincts from which they
30    were  cast in the order in which the ballots were opened. The
31    county clerk or board of election commissioners may,  in  the
32    alternative, create a separate provisional-voter precinct for
33    the purpose of counting and recording provisional ballots and
34    adding  the  recorded  votes  to  its  official  canvass. The
 
                            -118-    LRB093 07599 BDD 16859 a
 1    validation and  counting  of  provisional  ballots  shall  be
 2    subject  to  the  provisions  of  this  Code  that  apply  to
 3    pollwatchers.  If  the  provisional ballots are a ballot of a
 4    punch card voting system, then the provisional  ballot  shall
 5    be  counted  in  a manner consistent with Article 24A. If the
 6    provisional ballots are a ballot of  optical  scan  or  other
 7    type   of   approved   electronic  voting  system,  then  the
 8    provisional ballots shall be counted in a  manner  consistent
 9    with Article 24B.
10        (h)  As  soon  as  the  ballots  have  been  counted, the
11    election judges or election officials shall, in the  presence
12    of the county clerk or board of election commissioners, place
13    each  of  the  following items in a separate envelope or bag:
14    (1) all  provisional  ballots,  voted  or  spoiled;  (2)  all
15    provisional  ballot envelopes of provisional ballots voted or
16    spoiled; and (3) all executed affidavits of  the  provisional
17    ballots  voted  or  spoiled. All provisional ballot envelopes
18    for provisional voters who have been  determined  not  to  be
19    registered  to vote shall remain sealed.  The county clerk or
20    board of election commissioners shall treat  the  provisional
21    ballot  envelope  containing the written affidavit as a voter
22    registration  application  for  that  person  for  the   next
23    election and process that application. The election judges or
24    election  officials shall then securely seal each envelope or
25    bag, initial the envelope or bag, and  plainly  mark  on  the
26    outside  of  the envelope or bag in ink the precinct in which
27    the provisional ballots were cast.  The  election  judges  or
28    election  officials  shall then place each sealed envelope or
29    bag into a box, secure and seal it  in  the  same  manner  as
30    described  in  item  (6)  of subsection (b) of Section 18A-5.
31    Each election judge  or  election  official  shall  take  and
32    subscribe  an  oath  before  the  county  clerk  or  board of
33    election commissioners that the election  judge  or  election
34    official securely kept the ballots and papers in the box, did
 
                            -119-    LRB093 07599 BDD 16859 a
 1    not  permit  any person to open the box or otherwise touch or
 2    tamper with the ballots and papers in the  box,  and  has  no
 3    knowledge  of  any other person opening the box. For purposes
 4    of this Section,  the  term  "election  official"  means  the
 5    county   clerk,   a   member   of   the   board  of  election
 6    commissioners, as the  case  may  be,  and  their  respective
 7    employees.

 8        (10 ILCS 5/18A-20 new)
 9        Sec.  18A-20.  Provisional voting verification system. In
10    conjunction with each  county  clerk  or  board  of  election
11    commissioners, the State Board of Elections shall establish a
12    uniform  free  access  information  system  by which a person
13    casting  a  provisional  ballot  may  ascertain  whether  the
14    provisional vote was counted in the official canvass of votes
15    for that election and, if  the  vote  was  not  counted,  the
16    reason that the vote was not counted. Nothing in this Section
17    shall  prohibit  a  county  clerk  or  a  board  of  election
18    commissioner   from   establishing   a  uniform  free  access
19    information system described in this Section so long as  that
20    system is consistent with the federal Help America Vote Act.

21        (10 ILCS 5/19-2.1) (from Ch. 46, par. 19-2.1)
22        Sec.   19-2.1.   At  the  consolidated  primary,  general
23    primary,  consolidated,  and  general   elections,   electors
24    entitled  to  vote by absentee ballot under the provisions of
25    Section 19-1  may  vote  in  person  at  the  office  of  the
26    municipal   clerk,   if  the  elector  is  a  resident  of  a
27    municipality not having a board of election commissioners, or
28    at the office of the township clerk or, in counties not under
29    township organization, at the office  of  the  road  district
30    clerk  if  the  elector  is not a resident of a municipality;
31    provided, in each case that the municipal, township  or  road
32    district  clerk, as the case may be, is authorized to conduct
 
                            -120-    LRB093 07599 BDD 16859 a
 1    in-person absentee voting pursuant to this Section.  Absentee
 2    voting in such municipal and township clerk's  offices  under
 3    this Section shall be conducted from the 22nd day through the
 4    day before the election.
 5        Municipal  and  township clerks (or road district clerks)
 6    who have  regularly  scheduled  working  hours  at  regularly
 7    designated  offices other than a place of residence and whose
 8    offices are open for business during the same  hours  as  the
 9    office  of  the  election  authority  shall conduct in-person
10    absentee voting for said elections.  Municipal  and  township
11    clerks  (or  road  district  clerks)  who  have  no regularly
12    scheduled working hours but  who  have  regularly  designated
13    offices  other  than  a  place  of  residence  shall  conduct
14    in-person absentee voting for said elections during the hours
15    of  8:30  a.m.  to  4:30  p.m.  or  9:00  a.m.  to 5:00 p.m.,
16    weekdays, and 9:00 a.m. to 12:00 noon on Saturdays,  but  not
17    during  such hours as the office of the election authority is
18    closed, unless the clerk files  a  written  waiver  with  the
19    election authority not later than July 1 of each year stating
20    that  he  or  she  is  unable  to conduct such voting and the
21    reasons therefor. Such clerks who conduct in-person  absentee
22    voting may extend their hours for that purpose to include any
23    hours  in  which  the  election  authority's  office is open.
24    Municipal and township clerks (or road district  clerks)  who
25    have  no  regularly  scheduled  office hours and no regularly
26    designated offices other than a place of  residence  may  not
27    conduct  in-person  absentee  voting for said elections.  The
28    election  authority  may  devise  alternative   methods   for
29    in-person  absentee  voting  before  said elections for those
30    precincts  located  within  the   territorial   area   of   a
31    municipality or township (or road district) wherein the clerk
32    of  such  municipality  or  township  (or  road district) has
33    waived  or  is  not  entitled  to  conduct  such  voting.  In
34    addition, electors may vote  by  absentee  ballot  under  the
 
                            -121-    LRB093 07599 BDD 16859 a
 1    provisions  of  Section  19-1  at  the office of the election
 2    authority having jurisdiction over their residence.
 3        In conducting absentee voting  under  this  Section,  the
 4    respective  clerks  shall  not  be  required  to  verify  the
 5    signature  of  the  absentee  voter  by  comparison  with the
 6    signature on the official registration record card.  However,
 7    the  clerk  shall  reasonably  ascertain the identity of such
 8    applicant,  shall  verify  that  each  such  applicant  is  a
 9    registered voter, and shall verify the precinct in  which  he
10    or  she is registered and the proper ballots of the political
11    subdivisions in which the applicant resides and  is  entitled
12    to  vote,  prior  to  providing  any  absentee ballot to such
13    applicant.   The   clerk   shall   verify   the   applicant's
14    registration and from the most recent poll list  provided  by
15    the  county clerk, and if the applicant is not listed on that
16    poll list then by telephoning the office of the county clerk.
17        Absentee  voting  procedures  in  the   office   of   the
18    municipal, township and road district clerks shall be subject
19    to  all  of  the  applicable  provisions  of this Article 19.
20    Pollwatchers may be appointed to observe  in-person  absentee
21    voting procedures at the office of the municipal, township or
22    road  district  clerks' offices where such absentee voting is
23    conducted.  Such pollwatchers shall qualify and be  appointed
24    in  the  same  manner as provided in Sections 7-34 and 17-23,
25    except each candidate, political  party  or  organization  of
26    citizens  may  appoint only one pollwatcher for each location
27    where in-person absentee voting is  conducted.   Pollwatchers
28    must shall be registered to vote in Illinois residents of the
29    county   and   possess  valid  pollwatcher  credentials.  All
30    requirements  in  this   Article   applicable   to   election
31    authorities  shall  apply  to  the  respective  local clerks,
32    except where inconsistent with this Section.
33        The sealed absentee ballots  in  their  carrier  envelope
34    shall  be  delivered  by  the  respective  clerks,  or by the
 
                            -122-    LRB093 07599 BDD 16859 a
 1    election authority on behalf of a clerk if the clerk and  the
 2    election authority agree,  to the proper polling place before
 3    the  close  of  the  polls on the day of the general primary,
 4    consolidated primary, consolidated, or general election.
 5        Not more than 23 days before the nonpartisan, general and
 6    consolidated elections, the county clerk shall make available
 7    to  those  municipal,  township  and  road  district   clerks
 8    conducting  in-person  absentee  voting within such county, a
 9    sufficient  number   of   applications,   absentee   ballots,
10    envelopes,  and  printed  voting instruction slips for use by
11    absentee voters in the offices of such clerks. The respective
12    clerks shall receipt for all ballots received,  shall  return
13    all  unused or spoiled ballots to the county clerk on the day
14    of the election and shall strictly account  for  all  ballots
15    received.
16        The  ballots  delivered  to  the  respective clerks shall
17    include  absentee  ballots   for   each   precinct   in   the
18    municipality,  township  or  road  district, or shall include
19    such  separate  ballots  for   each   political   subdivision
20    conducting  an  election  of officers or a referendum on that
21    election day as will permit any resident of the municipality,
22    township or road district to vote absentee in the  office  of
23    the proper clerk.
24        The  clerks  of  all  municipalities,  townships and road
25    districts may distribute applications for absentee ballot for
26    the use of voters who wish to mail such applications  to  the
27    appropriate   election  authority.    Such  applications  for
28    absentee ballots shall be  made  on  forms  provided  by  the
29    election   authority.   Duplication  of  such  forms  by  the
30    municipal, township or road district clerk is prohibited.
31    (Source: P.A. 91-210, eff. 1-1-00.)

32        (10 ILCS 5/19-2.2) (from Ch. 46, par. 19-2.2)
33        Sec. 19-2.2.  (a) During the period beginning on the 40th
 
                            -123-    LRB093 07599 BDD 16859 a
 1    day preceding an election  and  continuing  through  the  day
 2    preceding  such  election,  no  advertising pertaining to any
 3    candidate or proposition to be voted upon shall be  displayed
 4    in  or within 100 feet of any room used by voters pursuant to
 5    this Article; nor shall any person engage  in  electioneering
 6    in  or  within  100  feet  of  any such room.  Any person who
 7    violates this Section may be  punished  as  for  contempt  of
 8    court.
 9        (b)  Election officers shall place 2 or more cones, small
10    United States national flags, or some other marker a distance
11    of 100 horizontal feet from each entrance to the room used by
12    voters  to  engage  in  voting,  which  shall be known as the
13    polling room.  If  the  polling  room  is  located  within  a
14    building  that  is  a public or private school or a church or
15    other organization  founded  for  the  purpose  of  religious
16    worship  and  the distance of 100 horizontal feet ends within
17    the interior of the  building,  then  the  markers  shall  be
18    placed  outside  of  the  building  at  each entrance used by
19    voters to enter that building on the grounds adjacent to  the
20    thoroughfare  or  walkway.  If  the  polling  room is located
21    within a public or private building with 2 or more floors and
22    the polling room is located on the  ground  floor,  then  the
23    markers  shall  be  placed  100  horizontal  feet  from  each
24    entrance  to  the  polling  room  used by voters to engage in
25    voting. If the polling room is located in a public or private
26    building with 2 or  more  floors  and  the  polling  room  is
27    located  on a floor above or below the ground floor, then the
28    markers shall be placed a  distance  of  100  feet  from  the
29    nearest  elevator  or  staircase used by voters on the ground
30    floor to access the floor where the polling room is  located.
31    The  area  within where the markers are placed shall be known
32    as a campaign free zone,  and  electioneering  is  prohibited
33    pursuant to this subsection.
34        The  area  on  polling place property beyond the campaign
 
                            -124-    LRB093 07599 BDD 16859 a
 1    free zone, whether publicly or privately owned, is  a  public
 2    forum  for  the  time  that the polls are open on an election
 3    day. At the request of election officers any  publicly  owned
 4    building must be made available for use as a polling place. A
 5    person  shall  have  the  right  to  congregate and engage in
 6    electioneering on any polling place property while the  polls
 7    are  open  beyond  the  campaign free zone, including but not
 8    limited to, the placement of temporary signs. This subsection
 9    shall be construed liberally in favor of persons engaging  in
10    electioneering  on  all  polling  place  property  beyond the
11    campaign free zone for the time that the polls are open on an
12    election day.
13        (c)  The regulation of electioneering  on  polling  place
14    property on an election day, including but not limited to the
15    placement  of  temporary  signs,  is  an  exclusive power and
16    function of the State. A home  rule  unit  may  not  regulate
17    electioneering  and  any  ordinance  or local law contrary to
18    subsection (b)  is  declared  void.  This  is  a  denial  and
19    limitation of home rule powers and functions under subsection
20    (h) of Section 6 of Article VII of the Illinois Constitution.
21    (Source: P.A. 80-1281; 80-1469; 80-1494.)

22        (10 ILCS 5/19-4) (from Ch. 46, par. 19-4)
23        Sec.  19-4.   Mailing  or  delivery  of  ballots - Time.)
24    Immediately upon the receipt of such  application  either  by
25    mail,  not  more  than  40 days nor less than 5 days prior to
26    such election, or by personal delivery not more than 40  days
27    nor  less than one day prior to such election,  at the office
28    of such election authority, it shall  be  the  duty  of  such
29    election  authority  to  examine  the  records  to  ascertain
30    whether or not such applicant is lawfully entitled to vote as
31    requested, and if found so to be, to post within one business
32    day  thereafter  the  name, street address, ward and precinct
33    number or township and district number, as the case  may  be,
 
                            -125-    LRB093 07599 BDD 16859 a
 1    of  such applicant given on a list, the pages of which are to
 2    be  numbered  consecutively  to  be  kept  by  such  election
 3    authority for such purpose in a conspicuous, open and  public
 4    place  accessible to the public at the entrance of the office
 5    of such election authority, and in such a  manner  that  such
 6    list may be viewed without necessity of requesting permission
 7    therefor,  and  within  2  business  days thereafter to mail,
 8    postage prepaid, or deliver  in  person  in  such  office  an
 9    official  ballot  or ballots if more than one are to be voted
10    at said election. Each election authority that has a  website
11    or  establishes  a  website  after the effective date of this
12    amendatory Act of the 93rd General Assembly shall post on its
13    website the list described above  within  one  business  day.
14    Each  election  authority  that does not have a website on or
15    after the effective date of this amendatory Act of  the  93rd
16    General  Assembly  shall  make  available  to  members of the
17    public on  a  daily  basis  a  copy  of  the  above  list  in
18    electronic   format.  Mail  delivery  of  Temporarily  Absent
19    Student ballot applications pursuant to Section 19-12.3 shall
20    be by nonforwardable mail.   However,  for  the  consolidated
21    election,  absentee  ballots  for  certain  precincts  may be
22    delivered to applicants not less  than  25  days  before  the
23    election  if  so  much  time is required to have prepared and
24    printed the ballots containing the names of persons nominated
25    for  offices  at  the  consolidated  primary.  The   election
26    authority   shall   enclose  with  each  absentee  ballot  or
27    application written instructions  on  how  voting  assistance
28    shall  be  provided pursuant to Section 17-14 and a document,
29    written  and  approved  by  the  State  Board  of  Elections,
30    enumerating  the  circumstances  under  which  a  person   is
31    authorized  to  vote  by  absentee  ballot  pursuant  to this
32    Article;  such  document  shall  also  include  a   statement
33    informing  the  applicant  that  if he or she falsifies or is
34    solicited by another to falsify his  or  her  eligibility  to
 
                            -126-    LRB093 07599 BDD 16859 a
 1    cast  an  absentee ballot, such applicant or other is subject
 2    to penalties pursuant to Section 29-10 and Section  29-20  of
 3    the  Election Code.  Each election authority shall maintain a
 4    list of the name,  street  address,  ward  and  precinct,  or
 5    township  and  district  number,  as  the case may be, of all
 6    applicants  who  have  returned  absentee  ballots  to   such
 7    authority,  and  the name of such absent voter shall be added
 8    to such list within one business day  from  receipt  of  such
 9    ballot.  If  the  absentee ballot envelope indicates that the
10    voter was assisted in casting the ballot,  the  name  of  the
11    person  so assisting shall be included on the list. The list,
12    the pages of which are to be numbered consecutively, shall be
13    kept by each election authority in a conspicuous,  open,  and
14    public  place accessible to the public at the entrance of the
15    office of the election authority and in  a  manner  that  the
16    list may be viewed without necessity of requesting permission
17    for viewing.
18        Each  election  authority  shall maintain a list for each
19    election of  the  voters  to  whom  it  has  issued  absentee
20    ballots.  The  list  shall  be  maintained  for each precinct
21    within the jurisdiction of the election authority.  Prior  to
22    the  opening  of  the  polls  on  election  day, the election
23    authority shall deliver to the judges  of  election  in  each
24    precinct  the  list  of registered voters in that precinct to
25    whom absentee ballots have been issued by mail.
26        Each election authority shall maintain a  list  for  each
27    election  of  voters to whom it has issued temporarily absent
28    student ballots.  The  list  shall  be  maintained  for  each
29    election  jurisdiction  within  which such voters temporarily
30    abide.  Immediately after the  close  of  the  period  during
31    which  application may be  made by mail for absentee ballots,
32    each election authority shall mail  to  each  other  election
33    authority  within  the  State  a  certified  list of all such
34    voters temporarily abiding within  the  jurisdiction  of  the
 
                            -127-    LRB093 07599 BDD 16859 a
 1    other election authority.
 2        In  the  event  that the return address of an application
 3    for ballot by a physically incapacitated elector is that of a
 4    facility licensed or certified under the  Nursing  Home  Care
 5    Act,  within  the jurisdiction of the election authority, and
 6    the applicant is a registered voter in the precinct in  which
 7    such  facility  is located, the ballots shall be prepared and
 8    transmitted to a responsible judge of election no later  than
 9    9   a.m.  on  the  Saturday,  Sunday  or  Monday  immediately
10    preceding  the  election  as  designated  by   the   election
11    authority  under Section 19-12.2. Such judge shall deliver in
12    person on the designated day the ballot to the  applicant  on
13    the premises of the facility from which application was made.
14    The  election authority shall by mail notify the applicant in
15    such facility that the ballot will be delivered by a judge of
16    election on the designated day.
17        All applications for absentee ballots shall be  available
18    at the office of the election authority for public inspection
19    upon request from the time of receipt thereof by the election
20    authority until 30 days after the election, except during the
21    time such applications are kept in the office of the election
22    authority  pursuant  to  Section  19-7, and except during the
23    time such applications are in the possession of the judges of
24    election.
25    (Source: P.A. 89-653, eff. 8-14-96; 90-101, eff. 7-11-97.)

26        (10 ILCS 5/19-10) (from Ch. 46, par. 19-10)
27        Sec. 19-10. Pollwatchers  may  be  appointed  to  observe
28    in-person  absentee  voting  procedures  at the office of the
29    election authority as well as at municipal, township or  road
30    district  clerks'  offices  where  such  absentee  voting  is
31    conducted.   Such pollwatchers shall qualify and be appointed
32    in the same manner as provided in Sections  7-34  and  17-23,
33    except  each  candidate,  political  party or organization of
 
                            -128-    LRB093 07599 BDD 16859 a
 1    citizens may appoint only one pollwatcher for  each  location
 2    where  in-person  absentee  voting is conducted. Pollwatchers
 3    must shall be registered to vote in Illinois residents of the
 4    county and possess valid pollwatcher credentials.
 5        In the polling place on election day, pollwatchers  shall
 6    be  permitted  to be present during the casting of the absent
 7    voters' ballots and the vote  of  any  absent  voter  may  be
 8    challenged for cause the same as if he were present and voted
 9    in  person,  and  the  judges  of  the election or a majority
10    thereof shall have power and authority to hear and  determine
11    the  legality  of  such  ballot; Provided, however, that if a
12    challenge to any absent voter's right to vote  is  sustained,
13    notice of the same must be given by the judges of election by
14    mail addressed to the voter's place of residence.
15        Where  certain  absent voters' ballots are counted on the
16    day of the election in the office of the  election  authority
17    as  provided  in  Section  19-8  of  this Act, each political
18    party, candidate and qualified civic  organization  shall  be
19    entitled  to  have  present one pollwatcher for each panel of
20    election judges therein assigned. Such pollwatchers shall  be
21    subject   to   the   same  provisions  as  are  provided  for
22    pollwatchers in Sections 7-34 and 17-23  of  this  Code,  and
23    shall  be permitted to observe the election judges making the
24    signature comparison  between that which  is  on  the  ballot
25    envelope   and   that   which   is  on  the  permanent  voter
26    registration record card taken from the master file.
27    (Source: P.A. 86-875.)

28        (10 ILCS 5/22-5) (from Ch. 46, par. 22-5)
29        Sec.  22-5.  Immediately  after  the  completion  of  the
30    abstracts of votes, the county clerk  shall  make  2  correct
31    copies  of  the  abstracts  of votes for Governor, Lieutenant
32    Governor, Secretary of State, State  Comptroller,  Treasurer,
33    Attorney General, both of which said copies he shall envelope
 
                            -129-    LRB093 07599 BDD 16859 a
 1    and  seal  up,  and  endorse upon the envelopes in substance,
 2    "Abstracts of votes for State Officers from .... County"; and
 3    shall seal up a copy of each of the abstracts  of  votes  for
 4    other  officers  and amendments to the Constitution and other
 5    propositions voted on, and endorse the same so as to show the
 6    contents of the package, and address the same  to  the  State
 7    Board of Elections. The several packages shall then be placed
 8    in   one  envelope  and  addressed  to  the  State  Board  of
 9    Elections. The county clerk shall send  the  sealed  envelope
10    addressed  to the State Board of Elections via overnight mail
11    so it arrives at the address the following calendar day.
12    (Source: P.A. 78-592; 78-918; 78-1297.)

13        (10 ILCS 5/22-9) (from Ch. 46, par. 22-9)
14        Sec. 22-9.  It  shall  be  the  duty  of  such  Board  of
15    Canvassers  to  canvass, and add up and declare the result of
16    every election hereafter held within the boundaries  of  such
17    city, village or incorporated town, operating under Article 6
18    of  this  Act,  and  the  judge  of  the  circuit court shall
19    thereupon enter of record such abstract  and  result,  and  a
20    certified  copy  of such record shall thereupon be filed with
21    the County Clerk of the county; and such abstracts or results
22    shall be treated, by the County Clerk in all respects, as  if
23    made  by  the  Canvassing Board now provided by the foregoing
24    sections of this law, and he shall transmit the same  to  the
25    State  Board  of  Elections,  or  other  proper  officer,  as
26    required  hereinabove.  The county clerk or board of election
27    commissioners, as the case may be, shall  send  the  abstract
28    and  result in a sealed envelope addressed to the State Board
29    of Elections via overnight mail so it arrives at the  address
30    the  following calendar day. And such abstracts or results so
31    entered and declared by such  judge,  and  a  certified  copy
32    thereof, shall be treated everywhere within the state, and by
33    all  public  officers, with the same binding force and effect
 
                            -130-    LRB093 07599 BDD 16859 a
 1    as the abstract of votes  now  authorized  by  the  foregoing
 2    provisions of this Act.
 3    (Source: P.A. 78-918.)

 4        (10 ILCS 5/22-15) (from Ch. 46, par. 22-15)
 5        Sec.  22-15.  The  county  clerk  or  board  of  election
 6    commissioners   shall,  upon  request,  and  by  mail  if  so
 7    requested, furnish free of charge to any candidate for  State
 8    office,  including  State  Senator  and Representative in the
 9    General Assembly, and any candidate for congressional office,
10    whose name appeared upon the ballot within  the  jurisdiction
11    of  the  county  clerk  or board of election commissioners, a
12    copy of the abstract of votes by precinct for all  candidates
13    for  the  office  for which such person was a candidate. Such
14    abstract shall be furnished no later than 2  days  after  the
15    receipt  of the request or 8 days after the completing of the
16    canvass, whichever is later.
17        Within one calendar day 10 days following the canvass and
18    proclamation of each general  primary  election  and  general
19    election,  each  election  authority  shall  transmit  to the
20    principal office of the State Board of  Elections  copies  of
21    the  abstracts  of  votes  by  precinct  for  the above-named
22    offices and for the offices of ward, township,  and  precinct
23    committeeman via overnight mail so that the abstract of votes
24    arrives  at  the  address  the  following calendar day.  Each
25    election authority  shall  also  transmit  to  the  principal
26    office  of  the  State  Board  of Elections copies of current
27    precinct poll lists.
28    (Source: P.A. 83-880.)

29        (10 ILCS 5/23-15.1 new)
30        Sec. 23-15.1.  Production of  ballot  counting  code  and
31    attendance  of  witnesses.   All voting-system vendors shall,
32    within  90  days  after  the  adoption  of  rules   or   upon
 
                            -131-    LRB093 07599 BDD 16859 a
 1    application  for  voting-system approval, place in escrow all
 2    computer code for its  voting  system  with  State  Board  of
 3    Elections.  The  State  Board  of  Elections shall promulgate
 4    rules  to  implement  this  Section.  For  purposes  of  this
 5    Section, the  term  "computer  code"  includes,  but  is  not
 6    limited  to,  ballot  counting source code, table structures,
 7    modules,  program  narratives,  and  other   human   readable
 8    computer  instructions  used  to  count ballots. Any computer
 9    code submitted by vendors to the  State  Board  of  Elections
10    shall   be   considered   strictly   confidential   and   the
11    intellectual property of the vendors and shall not be subject
12    to public disclosure under the Freedom of Information Act.
13        The  State  Board  of  Elections  shall  determine  which
14    software  components of a voting system it deems necessary to
15    enable the review and verification of the computer. The State
16    Board of Elections shall secure and maintain all  proprietary
17    computer codes in strict confidence and shall make a computer
18    code  available  to  authorized persons in connection with an
19    election contest or pursuant to any State  or  federal  court
20    order.
21        In  an  election  contest,  each party to the contest may
22    designate one or more persons who are authorized  to  receive
23    the  computer code of the relevant voting systems. The person
24    or persons authorized to receive the relevant  computer  code
25    shall  enter  into a confidentiality agreement with the State
26    Board of Elections and must exercise the  highest  degree  of
27    reasonable  care  to  maintain  the  confidentiality  of  all
28    proprietary information.
29        The  State  Board  of Elections shall promulgate rules to
30    provide  for  the  security,  review,  and  verification   of
31    computer codes. Verification includes, but is not limited to,
32    determining  that  the  computer code corresponds to computer
33    instructions actually in use to  count  ballots.  Nothing  in
34    this  Section  shall  impair  the  obligation of any contract
 
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 1    between a voting-systems vendor  and  an  election  authority
 2    that  provides  access  to  computer code that is equal to or
 3    greater than that provided by this Section.

 4        (10 ILCS 5/24A-22 new)
 5        Sec. 24A-22.  Definition of a vote.
 6        (a)  Notwithstanding any law to  the  contrary,  for  the
 7    purpose  of  this  Article,  a person casts a valid vote on a
 8    punch card ballot when:
 9             (1)  A chad on the card  has  at  least  one  corner
10        detached from the card;
11             (2)  The fibers of paper on at least one edge of the
12        chad are broken in a way that  permits unimpeded light to
13        be seen through the card; or
14             (3)  An  indentation  on the chad from the stylus or
15        other  object  is  present  and   indicates   a   clearly
16        ascertainable  intent  of  the voter to vote based on the
17        totality of the circumstances, including but not  limited
18        to  any  pattern  or  frequency  of indentations on other
19        ballot positions from the same ballot card.
20        (b)  Write-in  votes  shall  be  counted  in   a   manner
21    consistent with the existing provisions of this Code.
22        (c)  For  purposes  of  this  Section,  a  "chad" is that
23    portion of a ballot card that a voter punches  or  perforates
24    with  a stylus or other designated marking device to manifest
25    his or her vote for a particular ballot position on a  ballot
26    card  as  defined  in  subsection (a). Chads shall be removed
27    from ballot cards prior to their processing and tabulation in
28    election jurisdictions that utilize a ballot card as a  means
29    of  recording  votes  at  an election. Election jurisdictions
30    that utilize a mechanical means or device for chad removal as
31    a component of their  tabulation  shall  use  that  means  or
32    device for chad removal.
 
                            -133-    LRB093 07599 BDD 16859 a
 1        (10 ILCS 5/24B-2)
 2        Sec. 24B-2.  Definitions.  As used in this Article:
 3        "Computer",    "automatic    tabulating   equipment"   or
 4    "equipment" includes  apparatus  necessary  to  automatically
 5    examine  and  count  votes as designated on ballots, and data
 6    processing machines which can be used  for  counting  ballots
 7    and tabulating results.
 8        "Ballot" means paper ballot sheets.
 9        "Ballot  configuration"  means the particular combination
10    of  political  subdivision  ballots   including,   for   each
11    political subdivision, the particular combination of offices,
12    candidate names and questions as it appears for each group of
13    voters who may cast the same ballot.
14        "Ballot  sheet"  means  a  paper ballot printed on one or
15    both sides which is (1) designed and  prepared  so  that  the
16    voter  may  indicate  his  or  her votes in designated areas,
17    which must be areas clearly printed or  otherwise  delineated
18    for  such  purpose, and (2) capable of having votes marked in
19    the designated areas  automatically  examined,  counted,  and
20    tabulated by an electronic scanning process.
21        "Central  counting"  means the counting of ballots in one
22    or more locations selected by the election authority for  the
23    processing  or counting, or both, of ballots.  A location for
24    central counting shall be within the territorial jurisdiction
25    of  the  election  authority  unless  there  is  no  suitable
26    tabulating  equipment  available   within   his   territorial
27    jurisdiction.    However,  in  any  event a counting location
28    shall be within this State.
29        "Computer  operator"  means   any   person   or   persons
30    designated by the election authority to operate the automatic
31    tabulating  equipment during any portion of the vote tallying
32    process in an election,  but  shall  not  include  judges  of
33    election operating vote tabulating equipment in the precinct.
34        "Computer   program"   or  "program"  means  the  set  of
 
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 1    operating instructions for the automatic tabulating equipment
 2    that examines, counts, tabulates, canvasses and prints  votes
 3    recorded by a voter on a ballot.
 4        "Edit  listing" means a computer generated listing of the
 5    names of each candidate and proposition as they appear in the
 6    program for each precinct.
 7        "Header sheet" means a data processing document which  is
 8    coded  to  indicate  to the computer the precinct identity of
 9    the ballots that will follow immediately and may indicate  to
10    the computer how such ballots are to be tabulated.
11        "In-precinct  counting"  means the counting of ballots on
12    automatic  tabulating  equipment  provided  by  the  election
13    authority in the same precinct polling place in  which  those
14    ballots have been cast.
15        "Marking  device"  means a pen, computer, or other device
16    or similar device approved by the State  Board  of  Elections
17    for marking, or causing to be marked, a paper ballot with ink
18    or  other  substance  which  will  enable  the  ballot  to be
19    tabulated  by  automatic  tabulating  equipment  or   by   an
20    electronic scanning process.
21        "Precinct  Tabulation  Optical Scan Technology" means the
22    capability to examine a ballot through electronic  means  and
23    tabulate the votes at one or more counting places.
24        "Redundant  count"  means  a verification of the original
25    computer count by another count using compatible equipment or
26    by hand as part of a discovery recount.
27        "Security designation" means a printed designation placed
28    on a ballot to identify to the computer program  the  offices
29    and  propositions for which votes may be cast and to indicate
30    the manner in which votes  cast  should  be  tabulated  while
31    negating any inadmissible votes.
32        "Separate ballot", with respect to ballot sheets, means a
33    separate portion of the ballot sheet which is clearly defined
34    by a border or borders or shading.
 
                            -135-    LRB093 07599 BDD 16859 a
 1        "Specimen  ballot"  means  a  representation  of names of
 2    offices and candidates and statements of measures to be voted
 3    on which will appear on the official ballot or marking device
 4    on election day. The specimen ballot also contains the  party
 5    and position number where applicable.
 6        "Voting  defect  identification"  means the capability to
 7    detect overvoted ballots or ballots which cannot be  read  by
 8    the automatic tabulating equipment.
 9        "Voting  defects"  means an overvoted ballot, or a ballot
10    which cannot be read by the automatic tabulating equipment.
11        "Voting system" or "electronic voting system" means  that
12    combination  of  equipment  and programs used in the casting,
13    examination and tabulation of ballots and the cumulation  and
14    reporting of results by electronic means.
15    (Source: P.A. 89-394, eff. 1-1-97.)

16        (10 ILCS 5/24B-6)
17        Sec.  24B-6.  Ballot Information; Arrangement; Electronic
18    Precinct Tabulation Optical Scan  Technology  Voting  System;
19    Absentee  Ballots;  Spoiled Ballots.  The ballot information,
20    shall, as far as practicable, be in the order of  arrangement
21    provided  for  paper ballots, except that the information may
22    be in vertical or horizontal rows, or on a number of separate
23    pages or displays on the marking  device.   Ballots  for  all
24    questions  or  propositions to be voted on should be provided
25    in a similar manner and must be arranged on the ballot  sheet
26    or  marking  device in the places provided for such purposes.
27    Ballots shall be of white paper unless provided otherwise  by
28    administrative  rule  of  the  State  Board  of  Elections or
29    otherwise specified.
30        All  propositions,   including   but   not   limited   to
31    propositions   calling   for   a  constitutional  convention,
32    constitutional  amendment,  judicial  retention,  and  public
33    measures to  be  voted  upon  shall  be  placed  on  separate
 
                            -136-    LRB093 07599 BDD 16859 a
 1    portions  of  the ballot sheet or marking device by utilizing
 2    borders or grey screens.  Candidates shall  be  listed  on  a
 3    separate  portion  of  the  ballot sheet or marking device by
 4    utilizing borders or grey screens.  Below  the  name  of  the
 5    last  candidate  listed  for  an  office  shall be printed or
 6    displayed a line or lines on which the  voter  may  select  a
 7    write-in  candidate. Such line or lines shall be proximate to
 8    the name of a candidate or candidates may be written  by  the
 9    voter,  and proximate to such lines an area shall be provided
10    for marking votes for the write-in candidate  or  candidates.
11    The  number  of  write-in lines for an office shall equal the
12    number of candidates for which a voter may  vote.  More  than
13    one  amendment  to the constitution may be placed on the same
14    portion of the ballot sheet or marking device. Constitutional
15    convention or constitutional amendment propositions shall  be
16    printed  or  displayed  on  a  separate portion of the ballot
17    sheet or marking device and designated  by  borders  or  grey
18    screens,  unless otherwise provided by administrative rule of
19    the State Board of Elections.  More than one  public  measure
20    or  proposition  may  be  placed  on  the same portion of the
21    ballot sheet or marking device.  More  than  one  proposition
22    for  retention  of judges in office may be placed on the same
23    portion of the ballot  sheet  or  marking  device.  Names  of
24    candidates  shall  be printed in black. The party affiliation
25    of each candidate or the word "independent" shall appear near
26    or under the candidate's name, and the  names  of  candidates
27    for  the  same  office  shall  be listed vertically under the
28    title of that  office,  on  separate  pages  of  the  marking
29    device,  or  as  otherwise  approved  by  the  State Board of
30    Elections.  In the case of nonpartisan elections for officers
31    of political subdivisions, unless the statute or an ordinance
32    adopted pursuant to Article VII of the Constitution  requires
33    otherwise,  the  listing  of nonpartisan candidates shall not
34    include any  party  or  "independent"  designation.  Judicial
 
                            -137-    LRB093 07599 BDD 16859 a
 1    retention  questions  and  ballot  questions  for  all public
 2    measures  and  other  propositions  shall  be  designated  by
 3    borders or grey screens on  the  ballot  or  marking  device.
 4    Judicial  retention ballots shall be designated by borders or
 5    grey screens.  Ballots for  all  public  measures  and  other
 6    propositions  shall be designated by borders or grey screens.
 7    In primary elections, a separate ballot, or displays  on  the
 8    marking  device,  shall  be  used  for  each  political party
 9    holding a primary, with the ballot or marking device arranged
10    to include names of the candidates of the  party  and  public
11    measures  and  other propositions to be voted upon on the day
12    of the primary election.
13        If the ballot includes both  candidates  for  office  and
14    public  measures or propositions to be voted on, the election
15    official in charge of the election shall divide the ballot or
16    displays on the marking device in sections  for  "Candidates"
17    and "Propositions", or separate ballots may be used.
18        Absentee  ballots may consist of envelopes, paper ballots
19    or ballot sheets  voted  in  person  in  the  office  of  the
20    election official in charge of the election or voted by mail.
21    Where a Precinct Tabulation Optical Scan Technology ballot is
22    used  for  voting  by  mail  it  must be accompanied by voter
23    instructions.
24        Any voter who spoils his or her ballot, makes  an  error,
25    or   has  a  ballot  returned  by  the  automatic  tabulating
26    equipment may return the ballot to the judges of election and
27    get another ballot.
28    (Source: P.A. 89-394, eff. 1-1-97; 89-700, eff. 1-17-97.)

29        (10 ILCS 5/24B-8)
30        Sec. 24B-8.  Preparation for Use; Comparison of  Ballots;
31    Operational  Checks  of Automatic Precinct Tabulation Optical
32    Scan  Technology  Tabulating  Equipment;  Pollwatchers.   The
33    county clerk or board of election commissioners  shall  cause
 
                            -138-    LRB093 07599 BDD 16859 a
 1    the  approved  marking devices to be delivered to the polling
 2    places.  Before the  opening  of  the  polls  the  judges  of
 3    election shall compare the ballots or displays on the marking
 4    device  used with the specimen ballots furnished and see that
 5    the names,  numbers  and  letters  thereon  agree  and  shall
 6    certify  thereto  on  forms  provided  by the county clerk or
 7    board of election commissioners.
 8        In addition, in those polling  places  where  in-precinct
 9    Precinct   Tabulation   Optical   Scan   Technology  counting
10    equipment is utilized, the judges of election shall  make  an
11    operational   check  of  the  automatic  Precinct  Tabulation
12    Optical  Scan  Technology  tabulating  equipment  before  the
13    opening of the polls.  The judges of  election  shall  ensure
14    that  the  totals  are  all zeroes in the count column on the
15    Precinct Tabulation Optical Scan Technology unit.
16        Pollwatchers as provided by law  shall  be  permitted  to
17    closely  observe  the  judges  in  these  procedures  and  to
18    periodically  inspect  the  Precinct  Tabulation Optical Scan
19    Technology equipment when not in use by the voters.
20    (Source: P.A. 89-394, eff. 1-1-97.)

21        (10 ILCS 5/24B-9)
22        Sec. 24B-9.  Testing of Precinct Tabulation Optical  Scan
23    Technology  Equipment  and Program; Custody of Programs, Test
24    Materials  and  Ballots.   Prior  to  the  public  test,  the
25    election authority shall conduct an errorless pre-test of the
26    automatic  Precinct  Tabulation   Optical   Scan   Technology
27    tabulating  equipment  and  program  and  marking  device  to
28    determine  that they will correctly detect Voting Defects and
29    count the votes cast for all offices and all measures. On any
30    day not less than 5 days  prior  to  the  election  day,  the
31    election authority shall publicly test the automatic Precinct
32    Tabulation  Optical  Scan Technology tabulating equipment and
33    program to determine that they will correctly  detect  Voting
 
                            -139-    LRB093 07599 BDD 16859 a
 1    Defects  and  count the votes cast for all offices and on all
 2    measures.  Public notice of the time and place  of  the  test
 3    shall  be  given  at  least  48  hours  before  the  test  by
 4    publishing  the  notice  in one or more newspapers within the
 5    election  jurisdiction  of  the  election  authority,  if   a
 6    newspaper  is  published in that jurisdiction. If a newspaper
 7    is not  published  in  that  jurisdiction,  notice  shall  be
 8    published  in  a  newspaper  of  general  circulation in that
 9    jurisdiction.  Timely written notice stating the date,  time,
10    and location of the public test shall also be provided to the
11    State  Board  of  Elections.   The  test  shall  be  open  to
12    representatives   of   the   political  parties,  the  press,
13    representatives of the State  Board  of  Elections,  and  the
14    public.    The  test  shall  be  conducted  by  processing  a
15    preaudited group of ballots marked to record a  predetermined
16    number of valid votes for each candidate and on each measure,
17    and  shall include for each office one or more ballots having
18    votes exceeding the number allowed by law to test the ability
19    of the automatic tabulating equipment or  marking  device  to
20    reject  the  votes.  The test shall also include producing an
21    edit  listing.   In  those   election   jurisdictions   where
22    in-precinct counting equipment is used, a public test of both
23    the  equipment  and  program  shall be conducted as nearly as
24    possible in the manner prescribed above.  The State Board  of
25    Elections  may  select  as many election jurisdictions as the
26    Board deems  advisable  in  the  interests  of  the  election
27    process  of  this  State,  to  order  a  special  test of the
28    automatic tabulating equipment and program before any regular
29    election.  The Board may order a special test in any election
30    jurisdiction where, during the preceding 12 months,  computer
31    programming  errors  or other errors in the use of electronic
32    voting systems resulted in vote tabulation errors.  Not  less
33    than  30  days  before  any  election,  the  State  Board  of
34    Elections  shall  provide  written  notice  to those selected
 
                            -140-    LRB093 07599 BDD 16859 a
 1    jurisdictions of their intent to conduct a  test.   Within  5
 2    days  of  receipt  of  the  State Board of Elections' written
 3    notice  of  intent  to   conduct   a   test,   the   selected
 4    jurisdictions  shall  forward  to the principal office of the
 5    State Board of Elections a copy of all specimen ballots.  The
 6    State Board  of  Elections'  tests  shall  be  conducted  and
 7    completed  not  less  than  2  days  before  the  public test
 8    utilizing testing materials supplied by the Board  and  under
 9    the  supervision  of the Board, and the Board shall reimburse
10    the election authority for the reasonable  cost  of  computer
11    time   required  to  conduct  the  special  test.   After  an
12    errorless test, materials used in the public test,  including
13    the  program,  if  appropriate,  shall  be  sealed and remain
14    sealed  until the test is run again on election day.  If  any
15    error is detected, the cause of the error shall be determined
16    and  corrected,  and  an  errorless public test shall be made
17    before the automatic tabulating equipment is approved.   Each
18    election  authority  shall  file a sealed copy of each tested
19    program to be used within its  jurisdiction  at  an  election
20    with  the  State Board of Elections before the election.  The
21    Board shall secure the program or programs of  each  election
22    jurisdiction so filed in its office for the 60 days following
23    the  canvass  and  proclamation  of election results.  At the
24    expiration of that time, if no election contest or appeal  is
25    pending  in  an election jurisdiction, the Board shall return
26    the sealed program or programs to the election  authority  of
27    the   jurisdiction.    Except   where   in-precinct  counting
28    equipment is used, the test  shall  be  repeated  immediately
29    before  the start of the official counting of the ballots, in
30    the same manner as set forth above.  After the completion  of
31    the  count,  the test shall be re-run using the same program.
32    Immediately after the re-run, all material  used  in  testing
33    the  program  and  the  programs shall be sealed and retained
34    under the custody of the election authority for a  period  of
 
                            -141-    LRB093 07599 BDD 16859 a
 1    60  days.   At  the  expiration  of  that  time  the election
 2    authority shall destroy the voted ballots, together with  all
 3    unused ballots returned from the precincts.  Provided, if any
 4    contest  of  election  is  pending  at  the time in which the
 5    ballots  may  be  required  as  evidence  and  the   election
 6    authority  has  notice  of the contest, the same shall not be
 7    destroyed until after the contest is finally determined.   If
 8    the  use  of  back-up  equipment  becomes necessary, the same
 9    testing  required  for  the  original  equipment   shall   be
10    conducted.
11    (Source: P.A. 89-394, eff. 1-1-97.)

12        (10 ILCS 5/24B-9.1)
13        Sec.   24B-9.1.    Examination  of  Votes  by  Electronic
14    Precinct Tabulation Optical Scan Technology Scanning  Process
15    or other authorized electronic process; definition of a vote.
16        (a)  Examination   of   Votes   by   Electronic  Precinct
17    Tabulation Optical Scan Technology Scanning Process. Whenever
18    a Precinct Tabulation Optical Scan Technology process is used
19    to automatically  examine  and  count  the  votes  on  ballot
20    sheets,  the provisions of this Section shall apply.  A voter
21    shall cast a proper vote on a ballot sheet by making a  mark,
22    or  causing a mark to be made, in the designated area for the
23    casting of a vote for  any  party  or  candidate  or  for  or
24    against  any  proposition.   For  this  purpose, a mark is an
25    intentional darkening of the designated area  on  the  ballot
26    sheet, and not an identifying mark.
27        (b)  For  any  ballot sheet that does not register a vote
28    for one or more ballot positions on the  ballot  sheet  on  a
29    Electronic   Precinct   Tabulation  Optical  Scan  Technology
30    Scanning Process, the following shall constitute  a  vote  on
31    the ballot sheet:
32             (1)  The  designated  area  for casting a vote for a
33        particular ballot position on the ballot sheet  is  fully
 
                            -142-    LRB093 07599 BDD 16859 a
 1        darkened or shaded in;
 2             (2)  The  designated  area  for casting a vote for a
 3        particular  ballot  position  on  the  ballot  sheet   is
 4        partially darkened or shaded in;
 5             (3)  The  designated  area  for casting a vote for a
 6        particular ballot position on the ballot sheet contains a
 7        dot or ".", a check, or a plus or "+"; or
 8             (4)  The designated area for casting a  vote  for  a
 9        particular  ballot  position on the ballot sheet contains
10        some other  type  of  mark  that  indicates  the  clearly
11        ascertainable  intent  of  the voter to vote based on the
12        totality of the circumstances, including but not  limited
13        to  any  pattern  or  frequency  of marks on other ballot
14        positions from the same ballot sheet.
15             (5)  The designated area for casting a  vote  for  a
16        particular  ballot  position  on  the ballot sheet is not
17        marked, but the  ballot  sheet  contains  other  markings
18        associated  with  a  particular  ballot position, such as
19        circling a candidate's name, that indicates  the  clearly
20        ascertainable  intent  of the voter to vote, based on the
21        totality of the circumstances, including but not  limited
22        to,  any pattern or frequency of markings on other ballot
23        positions from the same ballot sheet.
24        (c)  For other  electronic  voting  systems  that  use  a
25    computer  as  the  marking device to mark a ballot sheet, the
26    bar code found on the ballot sheet shall constitute the votes
27    found on the ballot.  If, however, the county clerk or  board
28    of   election   commissioners   determines   that  the  votes
29    represented by the tally on the bar  code  for  one  or  more
30    ballot  positions  is inconsistent with the votes represented
31    by numerical ballot positions identified on the ballot  sheet
32    produced  using  a  computer  as the marking device, then the
33    numerical ballot positions identified  on  the  ballot  sheet
34    shall  constitute  the  votes  for  purposes  of any official
 
                            -143-    LRB093 07599 BDD 16859 a
 1    canvass or recount proceeding. An  electronic  voting  system
 2    that  uses  a computer as the marking device to mark a ballot
 3    sheet shall be capable  of  producing  a  ballot  sheet  that
 4    contains  all  numerical  ballot  positions  selected  by the
 5    voter, and provides a place for the voter to cast a  write-in
 6    vote  for  a  candidate  for  a  particular  numerical ballot
 7    position.
 8        (d)  The election authority shall  provide  an  envelope,
 9    sleeve or other device to each voter so the voter can deliver
10    the  voted  ballot sheet to the counting equipment and ballot
11    box without the votes indicated on  the  ballot  sheet  being
12    visible to other persons in the polling place.
13    (Source: P.A. 89-394, eff. 1-1-97.)

14        (10 ILCS 5/24B-10)
15        Sec. 24B-10.  Receiving, Counting, Tallying and Return of
16    Ballots; Acceptance of Ballots by Election Authority.
17        (a)  In  an  election  jurisdiction  which has adopted an
18    electronic Precinct Tabulation Optical Scan Technology voting
19    system, the election official in charge of the election shall
20    select one of  the  3  following  procedures  for  receiving,
21    counting, tallying, and return of the ballots:
22             (1)  Two  ballot  boxes  shall  be provided for each
23        polling  place.   The  first  ballot  box  is   for   the
24        depositing of votes cast on the electronic voting system;
25        and  the second ballot box is for all votes cast on other
26        ballots, including absentee paper ballots and  any  other
27        paper  ballots  required  to  be  voted other than on the
28        Precinct Tabulation Optical  Scan  Technology  electronic
29        voting  system.   Ballots,  except  absentee  ballots for
30        candidates and  propositions  which  are  listed  on  the
31        Precinct  Tabulation  Optical  Scan Technology electronic
32        voting system, deposited in the second ballot  box  shall
33        be   counted,  tallied,  and  returned  as  is  elsewhere
 
                            -144-    LRB093 07599 BDD 16859 a
 1        provided in this Code for the counting  and  handling  of
 2        paper  ballots.   Immediately  after  the  closing of the
 3        polls the absentee  ballots  delivered  to  the  precinct
 4        judges  of election by the election official in charge of
 5        the election shall be  examined  to  determine  that  the
 6        ballots  comply  with Sections 19-9 and 20-9 of this Code
 7        and  are  entitled  to  be  inserted  into  the  counting
 8        equipment and deposited into  the  ballot  box  provided;
 9        those  entitled  to be deposited in this ballot box shall
10        be initialed by  the  precinct  judges  of  election  and
11        deposited.  Those  not  entitled  to be deposited in this
12        ballot box shall be marked "Rejected" and disposed of  as
13        provided  in Sections 19-9 and 20-9.  The precinct judges
14        of election shall then open the  second  ballot  box  and
15        examine  all  paper  absentee  ballots  which  are in the
16        ballot box to determine whether the absentee ballots bear
17        the initials of a precinct judge  of  election.   If  any
18        absentee  ballot  is not so initialed, it shall be marked
19        on the back "Defective", initialed as to the label by all
20        judges immediately under the word  "Defective",  and  not
21        counted,  but  placed  in  the envelope provided for that
22        purpose labeled "Defective Ballots Envelope".  The judges
23        of election, consisting in each  case  of  at  least  one
24        judge  of  election  of  each  of  the  2 major political
25        parties, shall examine the paper absentee  ballots  which
26        were  in  such  ballot  box  and  properly  initialed  to
27        determine   whether  the  same  contain  write-in  votes.
28        Write-in votes, not causing an  overvote  for  an  office
29        otherwise  voted  for  on  the paper absentee ballot, and
30        otherwise properly voted, shall be counted,  tallied  and
31        recorded  on  the tally sheet provided for the record.  A
32        write-in vote causing an overvote for an office shall not
33        be counted for that office, but the precinct judges shall
34        mark such paper absentee ballot "Objected To" on the back
 
                            -145-    LRB093 07599 BDD 16859 a
 1        and write on its back the manner in which the  ballot  is
 2        counted and initial the same.  An overvote for one office
 3        shall   invalidate   only  the  vote  or  count  of  that
 4        particular  office.    After   counting,   tallying   and
 5        recording  the  write-in  votes  on absentee ballots, the
 6        judges of election, consisting in each case of  at  least
 7        one  judge  of  election of each of the 2 major political
 8        parties, shall  make  a  true  duplicate  ballot  of  the
 9        remaining valid votes on each paper absentee ballot which
10        was  in  the  ballot box and properly initialed, by using
11        the   electronic   Precinct   Tabulation   Optical   Scan
12        Technology voting system used in the precinct and one  of
13        the  marking  devices,  or  equivalent  marking device or
14        equivalent  ballot,  of  the  precinct  to  transfer  the
15        remaining valid votes of the voter on the paper  absentee
16        ballot  to  an  official  ballot or a ballot card of that
17        kind used in the precinct at that election.  The original
18        paper absentee ballot shall be clearly labeled  "Absentee
19        Ballot"  and  the  ballot  card  so  produced  "Duplicate
20        Absentee  Ballot",  and  each  shall bear the same serial
21        number which shall be placed thereon  by  the  judges  of
22        election,   beginning   with   number  1  and  continuing
23        consecutively for  the  ballots  of  that  kind  in  that
24        precinct.   The  judges  of  election  shall  initial the
25        "Duplicate Absentee Ballot" ballots and shall place  them
26        in  the  first  ballot  box  provided  for  return of the
27        ballots to be counted at the central counting location in
28        lieu of the paper absentee ballots.  The  paper  absentee
29        ballots  shall be placed in an envelope provided for that
30        purpose labeled "Duplicate Ballots".
31             As soon as the absentee ballots have been  deposited
32        in  the  first  ballot  box, the judges of election shall
33        make out a slip indicating  the  number  of  persons  who
34        voted in the precinct at the election.  The slip shall be
 
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 1        signed  by  all  the  judges  of  election  and  shall be
 2        inserted by them in the first ballot box.  The judges  of
 3        election  shall  thereupon  immediately  lock  the  first
 4        ballot  box;  provided,  that if the box is not of a type
 5        which may be securely locked, the  box  shall  be  sealed
 6        with filament tape provided for the purpose that shall be
 7        wrapped around the box lengthwise and crosswise, at least
 8        twice  each way, and in a manner that the seal completely
 9        covers the slot in the ballot box, and each of the judges
10        shall sign the seal.  Two of the judges of  election,  of
11        different  political  parties,  shall  by the most direct
12        route  transport  both  ballot  boxes  to  the   counting
13        location  designated  by  the  county  clerk  or board of
14        election commissioners.
15             Before the ballots of a  precinct  are  fed  to  the
16        electronic  Precinct  Tabulation  Optical Scan Technology
17        tabulating equipment,  the  first  ballot  box  shall  be
18        opened  at the central counting station by the 2 precinct
19        transport judges.  Upon opening a ballot  box,  the  team
20        shall first count the number of ballots in the box.  If 2
21        or  more  are folded together to appear to have been cast
22        by the same person, all of the  ballots  folded  together
23        shall  be  marked  and returned with the other ballots in
24        the same condition, as near as may be, in which they were
25        found when first opened, but shall not  be  counted.   If
26        the  remaining  ballots are found to exceed the number of
27        persons voting in the  precinct  as  shown  by  the  slip
28        signed  by  the  judges of election, the ballots shall be
29        replaced in the box, and the box closed and  well  shaken
30        and again opened and one of the precinct transport judges
31        shall  publicly  draw out so many ballots unopened as are
32        equal to the excess.
33             The  excess  ballots  shall  be  marked  "Excess-Not
34        Counted" and signed by the 2  precinct  transport  judges
 
                            -147-    LRB093 07599 BDD 16859 a
 1        and  shall  be  placed  in the "After 7:00 p.m. Defective
 2        Ballots Envelope".  The number of excess ballots shall be
 3        noted in  the  remarks  section  of  the  Certificate  of
 4        Results.   "Excess"  ballots  shall not be counted in the
 5        total of "defective" ballots.
 6             The precinct transport judges shall then examine the
 7        remaining ballots for write-in votes and shall count  and
 8        tabulate the write-in vote.
 9             (2)  A  single  ballot  box,  for the deposit of all
10        votes cast, shall be used.  All ballots which are not  to
11        be  tabulated  on  the  electronic voting system shall be
12        counted, tallied, and returned as elsewhere  provided  in
13        this Code for the counting and handling of paper ballots.
14             All  ballots  to be processed and tabulated with the
15        electronic Precinct Tabulation  Optical  Scan  Technology
16        voting system shall be processed as follows:
17             Immediately  after  the  closing  of  the  polls the
18        absentee ballots delivered  to  the  precinct  judges  of
19        election  by  the  election  official  in  charge  of the
20        election shall be examined to determine that such ballots
21        comply with Sections 19-9 and 20-9 of this Code  and  are
22        entitled  to  be  deposited  in  the  ballot  box;  those
23        entitled  to  be  deposited  in  the  ballot box shall be
24        initialed  by  the  precinct  judges  of   election   and
25        deposited  in  the  ballot box.  Those not entitled to be
26        deposited in the ballot box shall  be  marked  "Rejected"
27        and  disposed  of  as provided in Sections 19-9 and 20-9.
28        The precinct judges  of  election  then  shall  open  the
29        ballot box and canvass the votes polled to determine that
30        the  number  of  ballots  agree with the number of voters
31        voting as shown by the applications for ballot, or if the
32        same do not agree the judges of election shall make  such
33        ballots  agree  with  the  applications for ballot in the
34        manner provided by  Section  17-18  of  this  Code.   The
 
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 1        judges  of election shall then examine all paper absentee
 2        ballots and ballot envelopes which are in the ballot  box
 3        to  determine  whether  the  ballots and ballot envelopes
 4        bear the initials of a precinct judge  of  election.   If
 5        any ballot or ballot  envelope is not initialed, it shall
 6        be  marked  on  the back "Defective", initialed as to the
 7        label  by  all  judges   immediately   under   the   word
 8        "Defective",  and not counted, but placed in the envelope
 9        provided for  that  purpose  labeled  "Defective  Ballots
10        Envelope".   The  judges  of election, consisting in each
11        case of at least one judge of election of each of  the  2
12        major political parties, shall examine the paper absentee
13        ballots  which  were  in  the  ballot  box  and  properly
14        initialed  to determine whether the same contain write-in
15        votes.  Write-in votes, not causing an  overvote  for  an
16        office  otherwise voted for on the paper absentee ballot,
17        and otherwise properly voted, shall be  counted,  tallied
18        and  recorded on the tally sheet provided for the record.
19        A write-in vote causing an overvote for an  office  shall
20        not  be  counted for that office, but the precinct judges
21        shall mark the paper absentee ballot "Objected To" on the
22        back and write on its  back  the  manner  the  ballot  is
23        counted and initial the same.  An overvote for one office
24        shall   invalidate   only  the  vote  or  count  of  that
25        particular  office.    After   counting,   tallying   and
26        recording  the  write-in  votes  on absentee ballots, the
27        judges of election, consisting in each case of  at  least
28        one  judge  of  election of each of the 2 major political
29        parties, shall  make  a  true  duplicate  ballot  of  the
30        remaining valid votes on each paper absentee ballot which
31        was  in  the  ballot box and properly initialed, by using
32        the electronic voting system used in the precinct and one
33        of the marking devices of the precinct  to  transfer  the
34        remaining  valid votes of the voter on the paper absentee
 
                            -149-    LRB093 07599 BDD 16859 a
 1        ballot to an official ballot  of that kind  used  in  the
 2        precinct  at  that election.  The original paper absentee
 3        ballot shall be clearly labeled "Absentee Ballot" and the
 4        ballot so produced "Duplicate Absentee Ballot", and  each
 5        shall  bear  the same serial number which shall be placed
 6        thereon by the judges of election, commencing with number
 7        1 and continuing consecutively for the  ballots  of  that
 8        kind  in  that  precinct.   The  judges of election shall
 9        initial the "Duplicate Absentee Ballot" ballots and shall
10        place them in the box for return of the ballots with  all
11        other  ballots  to  be  counted  at  the central counting
12        location in lieu of  the  paper  absentee  ballots.   The
13        paper  absentee  ballots  shall  be placed in an envelope
14        provided for that purpose labeled "Duplicate Ballots".
15             In case of an overvote for any office, the judges of
16        election, consisting in each case of at least  one  judge
17        of  election  of  each  of the 2 major political parties,
18        shall make a true duplicate ballot of all  votes  on  the
19        ballot except for the office which is overvoted, by using
20        the  ballot  of  the  precinct  and  one  of  the marking
21        devices,  or  equivalent  ballot,  of  the  precinct   to
22        transfer  all  votes  of  the voter except for the office
23        overvoted, to an official ballot of that kind used in the
24        precinct at that  election.   The  original  ballot  upon
25        which  there  is  an  overvote  shall  be clearly labeled
26        "Overvoted Ballot", and each shall bear the  same  serial
27        number  which  shall  be  placed thereon by the judges of
28        election,  beginning  with  number   1   and   continuing
29        consecutively  for  the  ballots  of  that  kind  in that
30        precinct.  The  judges  of  election  shall  initial  the
31        "Duplicate Overvoted Ballot" ballots and shall place them
32        in  the  box  for  return of the ballots.  The "Overvoted
33        Ballot"  ballots  shall  be  placed  in  the   "Duplicate
34        Ballots"  envelope.   The ballots except any defective or
 
                            -150-    LRB093 07599 BDD 16859 a
 1        overvoted ballot shall be placed separately  in  the  box
 2        for  return  of  the  ballots,  along with all "Duplicate
 3        Absentee Ballots",  and  "Duplicate  Overvoted  Ballots".
 4        The  judges  of  election  shall  examine  the ballots to
 5        determine if any is  damaged  or  defective  so  that  it
 6        cannot  be counted by the automatic tabulating equipment.
 7        If any ballot is damaged or defective so that  it  cannot
 8        properly   be   counted   by   the  automatic  tabulating
 9        equipment, the judges of  election,  consisting  in  each
10        case  of  at least one judge of election of each of the 2
11        major political parties,  shall  make  a  true  duplicate
12        ballot of all votes on such ballot by using the ballot of
13        the   precinct   and  one  of  the  marking  devices,  or
14        equivalent ballot, of the precinct.  The original  ballot
15        and  ballot  envelope  shall  be clearly labeled "Damaged
16        Ballot" and the ballot  so  produced  "Duplicate  Damaged
17        Ballot",  and each shall bear the same number which shall
18        be placed thereon by the judges of  election,  commencing
19        with  number  1  and  continuing  consecutively  for  the
20        ballots  of  that  kind  in  the precinct.  The judges of
21        election shall initial  the  "Duplicate  Damaged  Ballot"
22        ballot  and shall place them in the box for return of the
23        ballots.    The "Damaged Ballot" ballots  shall be placed
24        in the "Duplicated Ballots" envelope.  A slip  indicating
25        the number of voters voting in person, number of absentee
26        votes  deposited  in the ballot box, and the total number
27        of voters of the precinct who voted at the election shall
28        be made out,  signed  by  all  judges  of  election,  and
29        inserted in the box for return of the ballots.  The tally
30        sheets  recording  the  write-in votes shall be placed in
31        this box.   The  judges  of  election  immediately  shall
32        securely  lock  the  ballot  box  or  other  suitable box
33        furnished for return  of  the  ballots  by  the  election
34        official  in charge of the election; provided that if the
 
                            -151-    LRB093 07599 BDD 16859 a
 1        box is not of a type which may be  securely  locked,  the
 2        box  shall  be sealed with filament tape provided for the
 3        purpose which shall be wrapped around the box  lengthwise
 4        and  crosswise,  at  least  twice  each  way.  A separate
 5        adhesive seal label signed  by  each  of  the  judges  of
 6        election  of  the precinct shall be affixed to the box to
 7        cover any slot therein and to identify  the  box  of  the
 8        precinct;  and if the box is sealed with filament tape as
 9        provided rather than locked, such tape shall  be  wrapped
10        around  the  box as provided, but in such manner that the
11        separate adhesive seal  label  affixed  to  the  box  and
12        signed  by the judges may not be removed without breaking
13        the filament tape and disturbing  the  signature  of  the
14        judges.   Two  of  the  judges  of election, of different
15        major political parties, shall by the most  direct  route
16        transport  the box for return of the ballots and enclosed
17        ballots and returns  to  the  central  counting  location
18        designated  by  the  election  official  in charge of the
19        election.  If, however, because of the lack  of  adequate
20        parking  facilities  at  the central counting location or
21        for any other reason, it is impossible  or  impracticable
22        for the boxes from all the polling places to be delivered
23        directly  to  the central counting location, the election
24        official in charge of the  election  may  designate  some
25        other  location  to which the boxes shall be delivered by
26        the 2 precinct judges.  While at the other  location  the
27        boxes  shall  be  in  the care and custody of one or more
28        teams, each consisting of 4 persons, 2 from each of the 2
29        major political parties, designated for such  purpose  by
30        the   election  official  in  charge  of  elections  from
31        recommendations  by  the  appropriate   political   party
32        organizations.   As  soon as possible, the boxes shall be
33        transported  from  the  other  location  to  the  central
34        counting location by one or more teams,  each  consisting
 
                            -152-    LRB093 07599 BDD 16859 a
 1        of  4  persons,  2  from  each  of  the 2 major political
 2        parties, designated  for  the  purpose  by  the  election
 3        official  in  charge of elections from recommendations by
 4        the appropriate political party organizations.
 5             The "Defective Ballots"  envelope,  and  "Duplicated
 6        Ballots"  envelope  each shall be securely sealed and the
 7        flap or end of  each  envelope  signed  by  the  precinct
 8        judges  of  election and returned to the central counting
 9        location with the box for return of the ballots, enclosed
10        ballots and returns.
11             At the central counting location, a  team  of  tally
12        judges  designated  by the election official in charge of
13        the election shall check the box returned containing  the
14        ballots to determine that all seals are intact, and shall
15        open  the  box,  check  the  voters' slip and compare the
16        number of ballots so delivered against the  total  number
17        of  voters  of the precinct who voted, remove the ballots
18        and  deliver  them  to  the  technicians  operating   the
19        automatic   tabulating   equipment.    Any  discrepancies
20        between the number of ballots and total number of  voters
21        shall  be noted on a sheet furnished for that purpose and
22        signed by the tally judges.
23             (3)  A single ballot box, for  the  deposit  of  all
24        votes cast, shall be used.  Immediately after the closing
25        of  the  polls  the  judges of election shall examine the
26        absentee ballots  received  by  the  precinct  judges  of
27        election  from  the  election authority of voters in that
28        precinct  to  determine  that  they   comply   with   the
29        provisions  of  Sections 19-9, 20-8 and 20-9 of this Code
30        and are entitled to be deposited in the ballot box; those
31        entitled to be deposited  in  the  ballot  box  shall  be
32        initialed  by  the  precinct  judges and deposited in the
33        ballot box.  Those not entitled to be  deposited  in  the
34        ballot  box,  in  accordance with Sections 19-9, 20-8 and
 
                            -153-    LRB093 07599 BDD 16859 a
 1        20-9 of  this  Code    shall  be  marked  "Rejected"  and
 2        preserved  in  the  manner  provided in this Code for the
 3        retention and preservation of official  ballots  rejected
 4        at such election.  Immediately upon the completion of the
 5        absentee balloting, the precinct judges of election shall
 6        securely  lock  the ballot box; provided that if such box
 7        is not of a type which may be securely  locked,  the  box
 8        shall  be  sealed  with  filament  tape  provided for the
 9        purpose which shall be wrapped around the box  lengthwise
10        and  crosswise,  at  least  twice  each  way.  A separate
11        adhesive seal label signed  by  each  of  the  judges  of
12        election  of  the precinct shall be affixed to the box to
13        cover any slot therein and to identify  the  box  of  the
14        precinct;  and if the box is sealed with filament tape as
15        provided rather than locked, such tape shall  be  wrapped
16        around  the  box  as  provided,  but in a manner that the
17        separate adhesive seal  label  affixed  to  the  box  and
18        signed  by the judges may not be removed without breaking
19        the filament tape and disturbing  the  signature  of  the
20        judges.    Two  of  the  judges of election, of different
21        major political parties, shall by the most  direct  route
22        transport  the box for return of the ballots and enclosed
23        absentee ballots and  returns  to  the  central  counting
24        location designated by the election official in charge of
25        the  election.   If  however,  because  of  the  lack  of
26        adequate  parking  facilities  at  the  central  counting
27        location  or  for  some other reason, it is impossible or
28        impracticable for the boxes from all the  polling  places
29        to   be   delivered  directly  to  the  central  counting
30        location, the election official in charge of the election
31        may designate some other  location  to  which  the  boxes
32        shall  be  delivered  by the 2 precinct judges.  While at
33        the other location the boxes shall be  in  the  care  and
34        custody  of  one  or  more  teams,  each  consisting of 4
 
                            -154-    LRB093 07599 BDD 16859 a
 1        persons, 2 from each of the 2  major  political  parties,
 2        designated  for  the  purpose by the election official in
 3        charge  of  elections   from   recommendations   by   the
 4        appropriate  political  party  organizations.  As soon as
 5        possible, the boxes shall be transported from  the  other
 6        location  to the central counting location by one or more
 7        teams, each consisting of 4 persons, 2 from each of the 2
 8        major political parties, designated for  the  purpose  by
 9        the  election  official  in  charge  of the election from
10        recommendations  by  the  appropriate   political   party
11        organizations.
12             At  the central counting location there shall be one
13        or more teams  of  tally  judges  who  possess  the  same
14        qualifications  as tally judges in election jurisdictions
15        using paper ballots.  The number of the  teams  shall  be
16        determined  by  the  election authority.  Each team shall
17        consist of 5 tally judges, 3 selected and approved by the
18        county board from  a  certified  list  furnished  by  the
19        chairman  of  the  county  central committee of the party
20        with the majority of members on the county  board  and  2
21        selected   and  approved  by  the  county  board  from  a
22        certified list furnished by the chairman  of  the  county
23        central  committee  of  the party with the second largest
24        number of members on the county board.   At  the  central
25        counting  location  a team of tally judges shall open the
26        ballot box and canvass the votes polled to determine that
27        the number of ballot sheets therein agree with the number
28        of voters voting as shown by the applications for  ballot
29        and  for  absentee ballot; and, if the same do not agree,
30        the tally judges shall make such ballots agree  with  the
31        number  of applications for ballot in the manner provided
32        by Section 17-18 of this Code.  The  tally  judges  shall
33        then examine all ballot sheets that are in the ballot box
34        to  determine  whether  they  bear  the  initials  of the
 
                            -155-    LRB093 07599 BDD 16859 a
 1        precinct  judge  of  election.   If  any  ballot  is  not
 2        initialed, it shall be marked on  the  back  "Defective",
 3        initialed   as   to   that  label  by  all  tally  judges
 4        immediately under the word "Defective", and not  counted,
 5        but  placed  in  the  envelope  provided for that purpose
 6        labeled "Defective Ballots  Envelope".   Write-in  votes,
 7        not causing an overvote for an office otherwise voted for
 8        on  the  absentee  ballot  sheet,  and otherwise properly
 9        voted, shall be counted, tallied,  and  recorded  by  the
10        central  counting  location  judges  on  the  tally sheet
11        provided for the record.   A  write-in  vote  causing  an
12        overvote  for  an  office  shall  not be counted for that
13        office, but the tally  judges  shall  mark  the  absentee
14        ballot  sheet "Objected To" and write the manner in which
15        the ballot is counted on its back and initial the  sheet.
16        An overvote for one office shall invalidate only the vote
17        or count for that particular office.
18             At  the  central  counting location, a team of tally
19        judges designated by the election official in  charge  of
20        the  election  shall  deliver  the  ballot  sheets to the
21        technicians operating the automatic  Precinct  Tabulation
22        Optical   Scan   Technology  tabulating  equipment.   Any
23        discrepancies between the number  of  ballots  and  total
24        number  of voters shall be noted on a sheet furnished for
25        that purpose and signed by the tally judges.
26        (b)  Regardless   of   which   procedure   described   in
27    subsection (a)  of  this  Section  is  used,  the  judges  of
28    election  designated to transport the ballots properly signed
29    and sealed, shall ensure that the ballots  are  delivered  to
30    the central counting station no later than 12 hours after the
31    polls  close.   At  the  central  counting station, a team of
32    tally judges designated by the election official in charge of
33    the election shall examine the  ballots  so  transported  and
34    shall  not accept ballots for tabulating which are not signed
 
                            -156-    LRB093 07599 BDD 16859 a
 1    and sealed as provided in  subsection  (a)  of  this  Section
 2    until  the  judges transporting the ballots make and sign the
 3    necessary corrections.  Upon acceptance of the ballots  by  a
 4    team  of  tally  judges  at the central counting station, the
 5    election judges transporting the ballots shall take a receipt
 6    signed by the election official in charge of the election and
 7    stamped with the date and time of acceptance.   The  election
 8    judges  whose  duty  it is to transport any ballots shall, in
 9    the event the ballots cannot be found when needed, on  proper
10    request,  produce the receipt which they are to take as above
11    provided.
12    (Source: P.A. 89-394, eff. 1-1-97.)

13        (10 ILCS 5/24B-10.1)
14        Sec.   24B-10.1.    In-Precinct    Counting    Equipment;
15    Procedures for Counting and Tallying Ballots.  In an election
16    jurisdiction   where   Precinct   Tabulation   Optical   Scan
17    Technology   counting   equipment   is  used,  the  following
18    procedures for counting and tallying the ballots shall apply:
19        Before the opening of the polls, and before  the  ballots
20    are  entered  into  the  automatic  tabulating equipment, the
21    judges of election shall be sure  that  the  totals  are  all
22    zeros in the counting column.  Ballots may then be counted by
23    entering   or   scanning   each  ballot  into  the  automatic
24    tabulating equipment. Throughout the election day and  before
25    the closing of the polls, no person may check any vote totals
26    for  any candidate or proposition on the automatic tabulating
27    equipment.  Such  automatic  tabulating  equipment  shall  be
28    programmed so that no person  may  reset  the  equipment  for
29    refeeding   of   ballots  unless  provided  a  code  from  an
30    authorized representative of the election authority.  At  the
31    option of the election authority, the ballots may be fed into
32    the  Precinct Tabulation Optical Scan Technology equipment by
33    the voters under the direct  supervision  of  the  judges  of
 
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 1    elections.
 2        Immediately  after the closing of the polls, the absentee
 3    ballots delivered to the precinct judges of election  by  the
 4    election  authority  shall  be examined to determine that the
 5    ballots comply with Sections 19-9 and 20-9 of this  Code  and
 6    are entitled to be scanned by the Precinct Tabulation Optical
 7    Scan  Technology  equipment  and then deposited in the ballot
 8    box; those entitled to be scanned and deposited in the ballot
 9    box shall be initialed by the precinct judges of election and
10    then scanned and deposited in  the  ballot  box.   Those  not
11    entitled  to  be  deposited in the ballot box shall be marked
12    "Rejected" and disposed of as provided in said Sections  19-9
13    and 20-9.
14        The precinct judges of election shall open the ballot box
15    and  count  the  number of ballots to determine if the number
16    agrees with the number of  voters  voting  as  shown  on  the
17    Precinct  Tabulation Optical Scan Technology equipment and by
18    the applications for ballot or, if the same do not agree, the
19    judges of election shall make  the  ballots  agree  with  the
20    applications  for  ballot  in  the manner provided by Section
21    17-18 of this Code.    The  judges  of  election  shall  then
22    examine  all ballots which are in the ballot box to determine
23    whether the ballots contain the initials of a precinct  judge
24    of  election.   If  any  ballot is not initialed, it shall be
25    marked on the back "Defective", initialed as to such label by
26    all judges immediately under the  word  "Defective"  and  not
27    counted.   The  judges  of  election shall place an initialed
28    blank official ballot in the place of the  defective  ballot,
29    so  that  the  count  of  the  ballots  to  be counted on the
30    automatic tabulating equipment will be  the  same,  and  each
31    "Defective Ballot" and "Replacement" ballot shall contain the
32    same  serial  number  which  shall  be  placed thereon by the
33    judges of election, beginning with number  1  and  continuing
34    consecutively  for the ballots of that kind in that precinct.
 
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 1    The original  "Defective"  ballot  shall  be  placed  in  the
 2    "Defective Ballot Envelope" provided for that purpose.
 3        If  the judges of election have removed a ballot pursuant
 4    to Section 17-18, have labeled "Defective" a ballot which  is
 5    not  initialed,  or have otherwise determined under this Code
 6    to not count a ballot originally deposited into a ballot box,
 7    the judges of election shall be sure that the totals  on  the
 8    automatic  tabulating equipment are reset to all zeros in the
 9    counting column.  Thereafter the  judges  of  election  shall
10    enter  or  otherwise  scan  each  ballot to be counted in the
11    automatic  tabulating  equipment.   Resetting  the  automatic
12    tabulating equipment to all zeros and re-entering of  ballots
13    to  be  counted  may occur at the precinct polling place, the
14    office of the election authority, or  any  receiving  station
15    designated by the election authority.  The election authority
16    shall  designate  the  place for resetting and re-entering or
17    re-scanning.
18        When  a  Precinct  Tabulation  Optical  Scan   Technology
19    electronic  voting  system is used which uses a paper ballot,
20    the judges of election shall examine the ballot for  write-in
21    votes.   When  the voter has cast a write-in vote, the judges
22    of election shall compare the write-in vote with the votes on
23    the ballot to determine whether the write-in  results  in  an
24    overvote  for  any  office,  unless  the  Precinct Tabulation
25    Optical Scan Technology equipment has already  done  so.   In
26    case  of  an overvote for any office, the judges of election,
27    consisting in each case of at least one judge of election  of
28    each  of  the  2  major  political parties, shall make a true
29    duplicate ballot of all votes on such ballot except  for  the
30    office  which  is  overvoted,  by  using  the  ballot  of the
31    precinct and  one  of  the  marking  devices,  or  equivalent
32    ballot,  of  the  precinct so as to transfer all votes of the
33    voter, except  for  the  office  overvoted,  to  a  duplicate
34    ballot.   The original ballot upon which there is an overvote
 
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 1    shall be clearly labeled "Overvoted Ballot",  and  each  such
 2    "Overvoted Ballot" as well as its "Replacement" shall contain
 3    the  same  serial number which shall be placed thereon by the
 4    judges of election, beginning with number  1  and  continuing
 5    consecutively  for the ballots of that kind in that precinct.
 6    The  "Overvoted  Ballot"  shall  be  placed  in  an  envelope
 7    provided  for  that  purpose   labeled   "Duplicate   Ballot"
 8    envelope,  and  the  judges  of  election  shall  initial the
 9    "Replacement" ballots and shall place  them  with  the  other
10    ballots to be counted on the automatic tabulating equipment.
11        If  any  ballot is damaged or defective, or if any ballot
12    contains a Voting Defect,  so  that  it  cannot  properly  be
13    counted  by  the automatic tabulating equipment, the voter or
14    the judges of election, consisting in each case of  at  least
15    one  judge  of  election  of  each  of  the 2 major political
16    parties, shall make a true duplicate ballot of all  votes  on
17    such  ballot  by  using the ballot of the precinct and one of
18    the marking devices of the precinct,  or  equivalent.   If  a
19    damaged  ballot, the original ballot shall be clearly labeled
20    "Damaged Ballot" and the ballot so produced shall be  clearly
21    labeled  "Damaged Ballot" and the ballot so produced shall be
22    clearly labeled "Duplicate Damaged Ballot",  and  each  shall
23    contain  the  same serial number which shall be placed by the
24    judges of election, beginning with number  1  and  continuing
25    consecutively  for  the ballots of that kind in the precinct.
26    The judges of election shall initial the  "Duplicate  Damaged
27    Ballot"   ballot  and  shall  enter  or  otherwise  scan  the
28    duplicate  damaged  ballot  into  the  automatic   tabulating
29    equipment.   The  "Damaged  Ballots"  shall  be placed in the
30    "Duplicated Ballots" envelope; after all  ballots  have  been
31    successfully read, the judges of election shall check to make
32    certain  that the Precinct Tabulation Optical Scan Technology
33    equipment readout agrees with the  number  of  voters  making
34    application for ballot in that precinct.  The number shall be
 
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 1    listed  on  the  "Statement  of Ballots" form provided by the
 2    election authority.
 3        The totals for all candidates and propositions  shall  be
 4    tabulated;  and  4 copies of a "Certificate of Results" shall
 5    be generated by the automatic tabulating equipment; one  copy
 6    shall  be  posted  in  a conspicuous place inside the polling
 7    place; and every effort  shall  be  made  by  the  judges  of
 8    election to provide a copy for each authorized pollwatcher or
 9    other  official authorized to be present in the polling place
10    to observe the counting of ballots; but in no case shall  the
11    number  of  copies  to  be  made available to pollwatchers be
12    fewer than 4, chosen by lot by the judges  of  election.   In
13    addition,  sufficient time shall be provided by the judges of
14    election  to  the  pollwatchers  to  allow   them   to   copy
15    information from the copy which has been posted.
16        The judges of election shall count all unused ballots and
17    enter   the  number  on  the  "Statement  of  Ballots".   All
18    "Spoiled", "Defective"  and  "Duplicated"  ballots  shall  be
19    counted and the number entered on the "Statement of Ballots".
20        The   precinct   judges   of   election  shall  select  a
21    bi-partisan team of 2 judges, who  shall  immediately  return
22    the  ballots  in  a  sealed  container,  along with all other
23    election materials as instructed by the  election  authority;
24    provided,  however,  that such container must first be sealed
25    by the election judges with filament tape or  other  approved
26    sealing  devices  provided  for  the  purpose  which shall be
27    wrapped around the container  lengthwise  and  crosswise,  at
28    least  twice each way, in a manner that the ballots cannot be
29    removed from the container  without  breaking  the  seal  and
30    filament  tape  and  disturbing any signatures affixed by the
31    election judges to the container,  or  which  other  approved
32    sealing  devices  are  affixed  in  a  manner approved by the
33    election authority.  The election authority  shall  keep  the
34    office  of  the  election authority or any receiving stations
 
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 1    designated by the authority, open for at least 12 consecutive
 2    hours after the polls close or until  the  ballots  from  all
 3    precincts  with  in-precinct  counting  equipment  within the
 4    jurisdiction of the election authority have been returned  to
 5    the  election  authority.   Ballots returned to the office of
 6    the election authority which are not  signed  and  sealed  as
 7    required  by  law  shall  not  be  accepted  by  the election
 8    authority until the judges returning  the  ballots  make  and
 9    sign  the  necessary  corrections.   Upon  acceptance  of the
10    ballots by the election authority, the judges  returning  the
11    ballots shall take a receipt signed by the election authority
12    and  stamped  with  the  time  and  date  of the return.  The
13    election judges whose duty it is to  return  any  ballots  as
14    provided shall, in the event the ballots cannot be found when
15    needed, on proper request, produce the receipt which they are
16    to  take  as above provided.  The precinct judges of election
17    shall also  deliver  the  Precinct  Tabulation  Optical  Scan
18    Technology equipment to the election authority.
19    (Source: P.A. 89-394, eff. 1-1-97.)

20        (10 ILCS 5/24B-15)
21        Sec.  24B-15.   Official  Return  of  Precinct;  Check of
22    Totals; Retabulation.  The precinct  return  printed  by  the
23    automatic   Precinct   Tabulation   Optical  Scan  Technology
24    tabulating equipment shall include the number of ballots cast
25    and votes cast for each candidate and proposition  and  shall
26    constitute   the  official  return  of  each  precinct.    In
27    addition to the precinct return, the election authority shall
28    provide the  number  of  applications  for  ballots  in  each
29    precinct,  the  write-in  votes,  the total number of ballots
30    counted in each precinct for each political  subdivision  and
31    district   and  the  number  of  registered  voters  in  each
32    precinct.  However, the election authority  shall  check  the
33    totals  shown  by  the  precinct  return  and, if there is an
 
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 1    obvious discrepancy regarding the total number of votes  cast
 2    in  any  precinct,  shall  have the ballots for that precinct
 3    retabulated  to  correct  the  return.  The  procedures   for
 4    retabulation  shall apply prior to and after the proclamation
 5    is completed; however, after the proclamation of results, the
 6    election authority must obtain a court order to unseal  voted
 7    ballots  except for election contests and discovery recounts.
 8    In those election jurisdictions that use in-precinct counting
 9    equipment,  the  certificate  of  results,  which  has   been
10    prepared by the judges of election in the polling place after
11    the  ballots  have been tabulated, shall be the document used
12    for the canvass of  votes  for  such  precinct.   Whenever  a
13    discrepancy  exists  during  the canvass of votes between the
14    unofficial  results  and  the  certificate  of  results,   or
15    whenever  a  discrepancy  exists  during the canvass of votes
16    between the certificate of results  and  the  set  of  totals
17    which  has  been  affixed  to the certificate of results, the
18    ballots for that precinct shall be retabulated to correct the
19    return.  As an additional part of this  check  prior  to  the
20    proclamation,   in   those  jurisdictions  where  in-precinct
21    counting equipment is  used,  the  election  authority  shall
22    retabulate  the  total  number  of  votes  cast  in 5% of the
23    precincts within the election jurisdiction.  The precincts to
24    be retabulated shall be selected  after  election  day  on  a
25    random  basis  by  the  election  authority,  so  that  every
26    precinct   in   the   election   jurisdiction  has  an  equal
27    mathematical chance of being selected.  The  State  Board  of
28    Elections  shall  design  a  standard  and  scientific random
29    method  of  selecting  the  precincts   which   are   to   be
30    retabulated,  and the election authority shall be required to
31    use that method.  The State Board of Elections,  the  State's
32    Attorney  and other appropriate law enforcement agencies, the
33    county chairman  of  each  established  political  party  and
34    qualified  civic  organizations  shall be given prior written
 
                            -163-    LRB093 07599 BDD 16859 a
 1    notice  of  the  time  and  place  of  the  random  selection
 2    procedure and may  be  represented  at  the  procedure.   The
 3    retabulation shall consist of counting the ballots which were
 4    originally counted and shall not involve any determination of
 5    which  ballots  were, in fact, properly counted.  The ballots
 6    from the precincts selected for the retabulation shall remain
 7    at all times under the custody and control  of  the  election
 8    authority  and  shall  be  transported and retabulated by the
 9    designated staff of the election authority.
10        As part of the retabulation, the election authority shall
11    test the computer program in  the  selected  precincts.   The
12    test  shall  be conducted by processing a preaudited group of
13    ballots marked to record  a  predetermined  number  of  valid
14    votes  for  each  candidate  and on each public question, and
15    shall include for each office one or more ballots which  have
16    votes  in  excess  of  the  number allowed by law to test the
17    ability of the equipment and the  marking  device  to  reject
18    such  votes.   If  any  error is detected, the cause shall be
19    determined and corrected, and an  errorless  count  shall  be
20    made  prior  to  the  official  canvass  and  proclamation of
21    election results.
22        The State Board of Elections, the  State's  Attorney  and
23    other   appropriate  law  enforcement  agencies,  the  county
24    chairman of each established political  party  and  qualified
25    civic  organizations  shall  be given prior written notice of
26    the time and place of the retabulation and may be represented
27    at the retabulation.
28        The results of this retabulation shall be treated in  the
29    same  manner  and  have the same effect as the results of the
30    discovery procedures set forth  in  Section  22-9.1  of  this
31    Code.  Upon  completion  of  the  retabulation,  the election
32    authority shall print a comparison  of  the  results  of  the
33    retabulation with the original precinct return printed by the
34    automatic tabulating equipment.  The comparison shall be done
 
                            -164-    LRB093 07599 BDD 16859 a
 1    for  each precinct and for each office voted upon within that
 2    precinct, and the comparisons shall be open  to  the  public.
 3    Upon  completion  of  the  retabulation, the returns shall be
 4    open to the public.
 5    (Source: P.A. 89-394, eff. 1-1-97; 89-700, eff. 1-17-97.)

 6        (10 ILCS 5/24B-18)
 7        Sec. 24B-18.  Specimen  Ballots;  Publication.   When  an
 8    electronic Precinct Tabulation Optical Scan Technology voting
 9    system  is  used,  the  election  authority shall cause to be
10    published, at least 5 days before the day of each general and
11    general primary election, in 2 or more  newspapers  published
12    in and having a general circulation in the county, a true and
13    legible  copy  of the specimen ballot containing the names of
14    offices and candidates and statements of measures to be voted
15    on, as near as may be, in the form in which they will  appear
16    on  the  official ballot on election day. A true legible copy
17    may be in the form of an actual  size  ballot  and  shall  be
18    published  as required by this Section if distributed in 2 or
19    more newspapers published and having a general circulation in
20    the county as an insert.  For  each  election  prescribed  in
21    Article  2A  of  this  Code,  specimen  ballots shall be made
22    available for public distribution and shall  be  supplied  to
23    the  judges  of  election for posting in the polling place on
24    the  day  of  election.    Notice  for  the  nonpartisan  and
25    consolidated elections shall be given as provided in  Article
26    12.
27    (Source: P.A. 89-394, eff. 1-1-97.)

28        (10 ILCS 5/Art. 24C heading new)

29      ARTICLE 24C.  DIRECT RECORDING ELECTRONIC VOTING SYSTEMS

30        (10 ILCS 5/24C-1 new)
31        Sec.  24C-1.  Purpose.  The purpose of this Article is to
 
                            -165-    LRB093 07599 BDD 16859 a
 1    authorize the  use  of  Direct  Recording  Electronic  Voting
 2    Systems  approved  by  the  State  Board  of Elections.  In a
 3    Direct Recording Electronic Voting System, voters cast  votes
 4    by  means  of  a  ballot  display provided with mechanical or
 5    electro-optical devices that can be activated by  the  voters
 6    to  mark their choices for the candidates of their preference
 7    and for or against public  questions.   Such  voting  devices
 8    shall  be  capable  of  instantaneously recording such votes,
 9    storing such votes, producing a permanent  paper  record  and
10    tabulating  such  votes  at  the  precinct  or at one or more
11    counting stations.  This Article authorizes the use of Direct
12    Recording Electronic Voting Systems for in-precinct  counting
13    applications  and for in-person absentee voting in the office
14    of the  election  authority  and  in  the  offices  of  local
15    officials  authorized  by  the  election authority to conduct
16    such absentee voting.  All other  absentee  ballots  must  be
17    counted at the office of the election authority.

18        (10 ILCS 5/24C-2 new)
19        Sec. 24C-2. Definitions.  As used in this Article:
20        "Audit  trail"  or  "audit  capacity"  means a continuous
21    trail of evidence linking individual transactions related  to
22    the  casting of a vote, the vote count and the summary record
23    of  vote  totals,  but  which  shall  not   allow   for   the
24    identification of the voter.  It shall permit verification of
25    the  accuracy  of  the  count and detection and correction of
26    problems and shall provide a record of each  step  taken  in:
27    defining   and   producing  ballots  and  generating  related
28    software  for  specific  elections;  installing  ballots  and
29    software; testing system readiness;  casting  and  tabulating
30    ballots;  and  producing  images of votes cast and reports of
31    vote totals.  The record shall incorporate system status  and
32    error   messages   generated   during   election  processing,
33    including a log of machine activities and routine and unusual
 
                            -166-    LRB093 07599 BDD 16859 a
 1    intervention  by  authorized  and  unauthorized  individuals.
 2    Also part of an audit trail  is  the  documentation  of  such
 3    items  as  ballots  delivered  and  collected, administrative
 4    procedures  for  system  security,  pre-election  testing  of
 5    voting  systems,  and   maintenance   performed   on   voting
 6    equipment.   It  also means that the voting system is capable
 7    of producing and shall produce immediately after a ballot  is
 8    cast  a permanent paper record of each ballot cast that shall
 9    be available as an official record for any recount, redundant
10    count, or verification or  retabulation  of  the  vote  count
11    conducted  with  respect  to any election in which the voting
12    system is used.
13        "Ballot" means an electronic audio or  video  display  or
14    any  other  medium, including paper, used to record a voter's
15    choices for the candidates of their  preference  and  for  or
16    against public questions.
17        "Ballot  configuration"  means the particular combination
18    of political subdivision or district ballots  including,  for
19    each   political  subdivision  or  district,  the  particular
20    combination of offices, candidate names and public  questions
21    as  it appears for each group of voters who may cast the same
22    ballot.
23        "Ballot image" means a  corresponding  representation  in
24    electronic  or  paper  form of the mark or vote position of a
25    ballot.
26        "Ballot label" or "ballot screen" means  the  display  of
27    material  containing  the names of offices and candidates and
28    public questions to be voted on.
29        "Central counting" means the counting of ballots  in  one
30    or  more locations selected by the election authority for the
31    processing or counting, or both, of ballots.  A location  for
32    central counting shall be within the territorial jurisdiction
33    of  the  election  authority  unless  there  is  no  suitable
34    tabulating   equipment   available   within  his  territorial
 
                            -167-    LRB093 07599 BDD 16859 a
 1    jurisdiction.  However, in  any  event  a  counting  location
 2    shall be within this State.
 3        "Computer",    "automatic    tabulating   equipment"   or
 4    "equipment" includes  apparatus  necessary  to  automatically
 5    examine  and  count  votes as designated on ballots, and data
 6    processing machines which can be used  for  counting  ballots
 7    and tabulating results.
 8        "Computer   operator"   means   any   person  or  persons
 9    designated by the election authority to operate the automatic
10    tabulating equipment during any portion of the vote  tallying
11    process  in  an  election,  but  shall  not include judges of
12    election operating vote tabulating equipment in the precinct.
13        "Computer  program"  or  "program"  means  the   set   of
14    operating instructions for the automatic tabulating equipment
15    that  examines,  records,  counts,  tabulates,  canvasses and
16    prints votes recorded by a voter on a ballot.
17        "Direct  recording  electronic  voting  system",  "voting
18    system"  or  "system"  means   the   total   combination   of
19    mechanical,   electromechanical   or   electronic  equipment,
20    programs and practices used to define ballots, cast and count
21    votes,  report  or  display  election  results,  maintain  or
22    produce any audit  trail  information,  identify  all  system
23    components,  test  the system during development, maintenance
24    and operation, maintain records of system errors and defects,
25    determine specific system changes to  be  made  to  a  system
26    after initial qualification, and make available any materials
27    to  the  voter  such as notices, instructions, forms or paper
28    ballots.
29        "Edit listing" means a computer generated listing of  the
30    names of each candidate and public question as they appear in
31    the program for each precinct.
32        "In-precinct  counting"  means the recording and counting
33    of ballots on automatic tabulating equipment provided by  the
34    election  authority  in  the  same  precinct polling place in
 
                            -168-    LRB093 07599 BDD 16859 a
 1    which those ballots have been cast.
 2        "Marking device" means any device approved by  the  State
 3    Board  of  Elections for marking a ballot so as to enable the
 4    ballot to be recorded, counted  and  tabulated  by  automatic
 5    tabulating equipment.
 6        "Permanent  paper record" means a paper record upon which
 7    shall be printed in human readable form the  votes  cast  for
 8    each  candidate  and  for  or against each public question on
 9    each ballot recorded in the voting  system.   Each  permanent
10    paper  record  shall  be  printed  by  the voting device upon
11    activation of the marking  device  by  the  voter  and  shall
12    contain  a  unique, randomly assigned identifying number that
13    shall correspond to  the  number  randomly  assigned  by  the
14    voting   system  to  each  ballot  as  it  is  electronically
15    recorded.
16        "Redundant count"' means a verification of  the  original
17    computer  count  of ballots by another count using compatible
18    equipment or other means as  part  of  a  discovery  recount,
19    including  a  count  of  the  permanent  paper record of each
20    ballot  cast  by  using   compatible   equipment,   different
21    equipment  approved  by the State Board of Elections for that
22    purpose, or by hand.
23        "Separate ballot" means a separate page or display screen
24    of the ballot that is  clearly  defined  and  distinguishable
25    from other portions of the ballot.
26        "Voting  device"  or  "voting machine" means an apparatus
27    that contains the ballot label or ballot  screen  and  allows
28    the voter to record his or her vote.

29        (10 ILCS 5/24C-3 new)
30        Sec.  24C-3.  Adoption, experimentation or abandonment of
31    Direct Recording  Electronic  Voting  System;  Boundaries  of
32    precincts;  Notice.   Except  as  otherwise  provided in this
33    Section, any county board, board of county commissioners  and
 
                            -169-    LRB093 07599 BDD 16859 a
 1    any   board   of  election  commissioners,  with  respect  to
 2    territory within  its  jurisdiction,  may  adopt,  experiment
 3    with,  or abandon a Direct Recording Electronic Voting System
 4    approved for use by the State Board of Elections and may  use
 5    such  System  in  all  or  some  of  the precincts within its
 6    jurisdiction, or in combination with paper ballots  or  other
 7    voting   systems.    Any   county   board,  board  of  county
 8    commissioners or board of election commissioners may contract
 9    for the  tabulation  of  votes  at  a  location  outside  its
10    territorial jurisdiction when there is no suitable tabulating
11    equipment  available within its territorial jurisdiction.  In
12    no case may a county board, board of county commissioners  or
13    board  of  election commissioners contract or arrange for the
14    purchase, lease or loan  of  a  Direct  Recording  Electronic
15    Voting System or System component without the approval of the
16    State Board of Elections as provided by Section 24C-16.
17        Before  any  Direct Recording Electronic Voting System is
18    introduced, adopted or used in any precinct or  territory  at
19    least 2 months public notice must be given before the date of
20    the  first  election  where  the  System  is to be used.  The
21    election authority shall publish the notice at least once  in
22    one  or  more newspapers published within the county or other
23    jurisdiction, where the election is held.   If  there  is  no
24    such  newspaper, the notice shall be published in a newspaper
25    published in the county  and  having  a  general  circulation
26    within  such jurisdiction.  The notice shall be substantially
27    as follows:
28        "Notice is hereby given that on ... (give date)  ...,  at
29    ...  (give place where election is held) ... in the county of
30    ..., an election will be held for ... (give name  of  offices
31    to  be  filled)  ...  at  which a Direct Recording Electronic
32    Voting System will be used."
33        Dated at ... this ... day of ... 20....?
34        This notice referred to shall be given only at the  first
 
                            -170-    LRB093 07599 BDD 16859 a
 1    election  at  which  the  Direct  Recording Electronic Voting
 2    System is used.

 3        (10 ILCS 5/24C-3.1 new)
 4        Sec. 24C-3.1. Retention or consolidation or alteration of
 5    existing  precincts;  Change  of  location.   When  a  Direct
 6    Recording Electronic Voting System is used, the county  board
 7    or  board  of  election  commissioners  may  retain  existing
 8    precincts  or  may  consolidate,  combine, alter, decrease or
 9    enlarge the boundaries of the precincts to change the  number
10    of  registered  voters  of  the  precincts  using the System,
11    establishing the number  of  registered  voters  within  each
12    precinct  at  a  number  not to exceed 800 as the appropriate
13    county board or board of  election  commissioners  determines
14    will  afford  adequate  voting  facilities  and efficient and
15    economical elections.
16        Except in the event of a fire, flood  or  total  loss  of
17    heat  in  a place fixed or established pursuant to law by any
18    county board or board of election commissioners as a  polling
19    place for an election, no election authority shall change the
20    location  of  a  polling  place  established for any precinct
21    after notice of the place of holding the  election  for  that
22    precinct  has  been given as required under Article 12 unless
23    the election authority notifies all registered voters in  the
24    precinct  of  the  change  in location by first class mail in
25    sufficient  time  for  the  notice  to  be  received  by  the
26    registered voters in the precinct at least one day  prior  to
27    the date of the election.

28        (10 ILCS 5/24C-4 new)
29        Sec.  24C-4.  Use  of  Direct Recording Electronic Voting
30    System; Requisites; Applicable procedure.   Direct  Recording
31    Electronic  Voting  Systems may be used in elections provided
32    that such Systems are approved for use by the State Board  of
 
                            -171-    LRB093 07599 BDD 16859 a
 1    Elections.   So far as applicable, the procedure provided for
 2    voting  paper  ballots  shall  apply  when  Direct  Recording
 3    Electronic Voting Systems are used.  However, the  provisions
 4    of this Article 24C will govern when there are conflicts.

 5        (10 ILCS 5/24C-5 new)
 6        Sec. 24C-5. Voting Stations.  In precincts where a Direct
 7    Recording  Electronic  Voting  System  is  used, a sufficient
 8    number of voting stations shall be provided for  the  use  of
 9    the  System  according  to the requirements determined by the
10    State Board of Elections.  Each station shall be placed in  a
11    manner so that no judge of election or pollwatcher is able to
12    observe a voter casting a ballot.

13        (10 ILCS 5/24C-5.1 new)
14        Sec.  24C-5.1.  Instruction of Voters; Instruction Model;
15    Partiality to Political Party; Manner of Instruction.  Before
16    entering  the  voting  booth  each  voter  shall  be  offered
17    instruction in using the Direct Recording  Electronic  Voting
18    System.  In instructing voters, no precinct official may show
19    partiality  to  any political party or candidate.  The duties
20    of instruction shall be discharged by a judge  from  each  of
21    the  political  parties  represented and they shall alternate
22    serving as instructor so that each judge shall serve  a  like
23    time  at  such duties.  No instructions may be given inside a
24    voting booth after the voter has entered the voting booth.
25        No precinct official or person assisting a voter  may  in
26    any  manner  request,  suggest, or seek to persuade or induce
27    any voter to cast his or her vote for any particular  ticket,
28    candidate,   amendment,   question   or   proposition.    All
29    instructions shall be given by precinct officials in a manner
30    that  it  may  be  observed  by  other persons in the polling
31    place.
 
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 1        (10 ILCS 5/24C-5.2 new)
 2        Sec.   24C-5.2.   Demonstration   of   Direct   Recording
 3    Electronic Voting System; Placement in Public Library.   When
 4    a  Direct  Recording  Electronic  Voting  System is used in a
 5    forthcoming election, the election authority may provide, for
 6    the purpose  of  instructing  voters  in  the  election,  one
 7    demonstrator  Direct  Recording Electronic Voting System unit
 8    for placement in any public library or in any other public or
 9    private building within the political subdivision  where  the
10    election  occurs.   If  the placement of a demonstrator takes
11    place it shall be made available at least 30 days before  the
12    election.

13        (10 ILCS 5/24C-6 new)
14        Sec.   24C-6.  Ballot  Information;  Arrangement;  Direct
15    Recording Electronic Voting System; Absentee Ballots; Spoiled
16    Ballots.   The  ballot  information,   shall,   as   far   as
17    practicable,  be  in  the  order  of arrangement provided for
18    paper ballots, except that the information may be in vertical
19    or horizontal rows, or on  a  number  of  separate  pages  or
20    display screens.
21        Ballots for all public questions to be voted on should be
22    provided  in  a  similar  manner  and must be arranged on the
23    ballot in the places provided for such purposes.  All  public
24    questions,  including  but  not  limited  to public questions
25    calling  for  a  constitutional  convention,   constitutional
26    amendment,  or  judicial  retention,  shall  be placed on the
27    ballot separate and apart from candidates.  Ballots  for  all
28    public  questions  shall  be clearly designated by borders or
29    different color screens.  More  than  one  amendment  to  the
30    constitution  may be placed on the same portion of the ballot
31    sheet.  Constitutional convention or constitutional amendment
32    propositions shall be placed on a  separate  portion  of  the
33    ballot  and  designated  by  borders or unique color screens,
 
                            -173-    LRB093 07599 BDD 16859 a
 1    unless otherwise provided by administrative rule of the State
 2    Board of Elections.  More than one  public  question  may  be
 3    placed  on  the  same  portion  of the ballot.  More than one
 4    proposition for retention of judges in office may  be  placed
 5    on the same portion of the ballot.
 6        The  party  affiliation, if any, of each candidate or the
 7    word "independent", where applicable, shall  appear  near  or
 8    under  the  candidate's name, and the names of candidates for
 9    the same office shall be listed vertically under the title of
10    that office.   In  the  case  of  nonpartisan  elections  for
11    officers  of political subdivisions, unless the statute or an
12    ordinance adopted pursuant to Article VII of the Constitution
13    requires otherwise, the  listing  of  nonpartisan  candidates
14    shall  not include any party or "independent" designation. In
15    primary elections, a separate ballot shall be used  for  each
16    political  party  holding a primary, with the ballot arranged
17    to include names of the candidates of the  party  and  public
18    questions  and other propositions to be voted upon on the day
19    of the primary election.
20        If the ballot includes both  candidates  for  office  and
21    public questions or propositions to be voted on, the election
22    official in charge of the election shall divide the ballot in
23    sections for "Candidates" and "Public Questions", or separate
24    ballots may be used.
25        Any  voter  who spoils his or her ballot, makes an error,
26    or  has  a  ballot  rejected  by  the  automatic   tabulating
27    equipment  shall be provided a means of correcting the ballot
28    or obtaining a new ballot prior to casting his or her ballot.
29        Any  election  authority   using   a   Direct   Recording
30    Electronic  Voting System may use voting systems approved for
31    use under Articles 24A or 24B  of  this  Code  in  conducting
32    absentee  voting  in  the office of the election authority or
33    voted by mail.
 
                            -174-    LRB093 07599 BDD 16859 a
 1        (10 ILCS 5/24C-6.1 new)
 2        Sec. 24C-6.1.  Security Designation.   In  all  elections
 3    conducted  under  this Article, ballots shall have a security
 4    designation.   In  precincts  where  more  than  one   ballot
 5    configuration  may  be  voted  upon,  ballots  shall  have  a
 6    different security designation for each ballot configuration.
 7    If a precinct has only one possible ballot configuration, the
 8    ballots  must  have  a  security  designation to identify the
 9    precinct and the election.  Where ballots from more than  one
10    precinct  are being tabulated, the ballots from each precinct
11    must be clearly identified; official  results  shall  not  be
12    generated unless the precinct identification for any precinct
13    corresponds.    When  the  tabulating  equipment  being  used
14    requires entering the program immediately  before  tabulating
15    the  ballots  for  each precinct, the precinct program may be
16    used. The Direct Recording Electronic Voting System shall  be
17    designed  to  ensure  that  the proper ballot is selected for
18    each polling place and for each ballot configuration and that
19    the format  can  be  matched  to  the  software  or  firmware
20    required to interpret it correctly.  The system shall provide
21    a means of programming each piece of equipment to reflect the
22    ballot requirements of the election and shall include a means
23    for  validating  the  correctness  of  the program and of the
24    program's installation in the equipment or in a  programmable
25    memory devise.

26        (10 ILCS 5/24C-7 new)
27        Sec.   24C-7.   Write-In  Ballots.   A  Direct  Recording
28    Electronic Voting System shall provide an  acceptable  method
29    for  a  voter to vote for a person whose name does not appear
30    on the ballot using the same apparatus used to  record  votes
31    for  candidates whose name do appear on the ballot.  Election
32    authorities  utilizing  Direct  Recording  Electronic  Voting
33    Systems shall not use separate write-in ballots.
 
                            -175-    LRB093 07599 BDD 16859 a
 1        Below the name of the last candidate listed for an office
 2    shall be a space or spaces in which the name of  a  candidate
 3    or candidates may be written in or recorded by the voter. The
 4    number of write-in lines for an office shall equal the number
 5    of candidates for which a voter may vote.

 6        (10 ILCS 5/24C-8 new)
 7        Sec.  24C-8.  Preparation for Use; Comparison of Ballots;
 8    Operational Checks  of  Direct  Recording  Electronic  Voting
 9    Systems  Equipment;  Pollwatchers.  The county clerk or board
10    of election commissioners shall  cause  the  approved  Direct
11    Recording  Electronic Voting System equipment to be delivered
12    to the polling places. Before the opening of the  polls,  all
13    Direct  Recording  Voting  System  devices  shall  provide  a
14    printed  record  of  the  following, upon verification of the
15    authenticity of the commands by  a  judge  of  election:  the
16    election's   identification   data,   the   equipment's  unit
17    identification,  the  ballot's  format  identification,   the
18    contents  of  each active candidate register by office and of
19    each  active  public  question  register  showing  that  they
20    contain all zeros, all ballot fields  that  can  be  used  to
21    invoke  special  voting options, and other information needed
22    to ensure the readiness of the equipment, and to  accommodate
23    administrative reporting requirements.
24        The  Direct  Recording  Electronic  Voting  System  shall
25    provide a means of opening the polling place and readying the
26    equipment  for  the  casting  of  ballots.   Such means shall
27    incorporate a security seal,  a  password,  or  a  data  code
28    recognition capability to prevent inadvertent or unauthorized
29    actuation  of  the  poll-opening  function.  If more than one
30    step is required, it shall enforce  their  execution  in  the
31    proper sequence.
32        Pollwatchers  as  provided  by  law shall be permitted to
33    closely  observe  the  judges  in  these  procedures  and  to
 
                            -176-    LRB093 07599 BDD 16859 a
 1    periodically inspect the Direct Recording  Electronic  Voting
 2    System equipment when not in use by the voters.

 3        (10 ILCS 5/24C-9 new)
 4        Sec. 24C-9. Testing of Direct Recording Electronic Voting
 5    System  Equipment  and  Programs;  Custody  of Programs, Test
 6    Materials  and  Ballots.   Prior  to  the  public  test,  the
 7    election authority shall conduct an errorless pre-test of the
 8    Direct  Recording  Electronic  Voting  System  equipment  and
 9    programs to determine that they will correctly detect  voting
10    defects  and  count  the  votes  cast for all offices and all
11    public questions.  On any day not less than 5 days  prior  to
12    the  election day, the election authority shall publicly test
13    the Direct Recording Electronic Voting System  equipment  and
14    programs  to determine that they will correctly detect voting
15    errors and accurately count the votes legally  cast  for  all
16    offices  and  on  all public questions.  Public notice of the
17    time and place of the test shall be given at least  48  hours
18    before  the  test  by  publishing  the  notice in one or more
19    newspapers within the election jurisdiction of  the  election
20    authority,  if a newspaper is published in that jurisdiction.
21    If a newspaper is not published in that jurisdiction,  notice
22    shall  be  published in a newspaper of general circulation in
23    that jurisdiction.  Timely written notice stating  the  date,
24    time,  and location of the public test shall also be provided
25    to the State Board of Elections.  The test shall be  open  to
26    representatives   of   the   political  parties,  the  press,
27    representatives of the State  Board  of  Elections,  and  the
28    public.  The  test  shall  be  conducted  by  entering a pre-
29    audited group of votes designed  to  record  a  predetermined
30    number  of  valid votes for each candidate and on each public
31    question, and shall include  for  each  office  one  or  more
32    ballots  having  votes exceeding the number allowed by law to
33    test the ability of the  automatic  tabulating  equipment  to
 
                            -177-    LRB093 07599 BDD 16859 a
 1    reject  the  votes.  The test shall also include producing an
 2    edit  listing.   In  those   election   jurisdictions   where
 3    in-precinct counting equipment is used, a public test of both
 4    the  equipment  and  program  shall be conducted as nearly as
 5    possible in the manner prescribed above.  The State Board  of
 6    Elections  may  select  as many election jurisdictions as the
 7    Board deems  advisable  in  the  interests  of  the  election
 8    process  of  this  State,  to  order  a  special  test of the
 9    automatic tabulating equipment and program before any regular
10    election.  The Board may order a special test in any election
11    jurisdiction where, during the preceding 12 months,  computer
12    programming  errors  or  other  errors  in  the use of System
13    resulted in vote tabulation errors.  Not less  than  30  days
14    before  any  election,  the  State  Board  of Elections shall
15    provide written notice to  those  selected  jurisdictions  of
16    their  intent to conduct a test.  Within 5 days of receipt of
17    the State Board of Elections' written  notice  of  intent  to
18    conduct  a  test, the selected jurisdictions shall forward to
19    the principal office of the State Board of Elections  a  copy
20    of all specimen ballots.  The State Board of Elections' tests
21    shall  be conducted and completed not less than 2 days before
22    the public test utilizing testing materials supplied  by  the
23    Board  and  under the supervision of the Board, and the Board
24    shall reimburse the election  authority  for  the  reasonable
25    cost  of  computer time required to conduct the special test.
26    After an errorless test, materials used in the  public  test,
27    including  the  program,  if appropriate, shall be sealed and
28    remain sealed until the test is run again  on  election  day.
29    If  any  error  is  detected, the cause of the error shall be
30    determined and corrected, and an errorless public test  shall
31    be   made   before  the  automatic  tabulating  equipment  is
32    approved.  Each election authority shall file a  sealed  copy
33    of  each tested program to be used within its jurisdiction at
34    an election with the State  Board  of  Elections  before  the
 
                            -178-    LRB093 07599 BDD 16859 a
 1    election.   The Board shall secure the program or programs of
 2    each election jurisdiction so filed in its office for the  60
 3    days  following  the  canvass  and  proclamation  of election
 4    results.  At the expiration of  that  time,  if  no  election
 5    contest or appeal is pending in an election jurisdiction, the
 6    Board  shall  return  the  sealed  program or programs to the
 7    election  authority  of  the  jurisdiction.    Except   where
 8    in-precinct  counting  equipment  is  used, the test shall be
 9    repeated  immediately  before  the  start  of  the   official
10    counting  of  the  ballots,  in  the same manner as set forth
11    above.  After the completion of the count, the test shall  be
12    re-run using the same program.  Immediately after the re-run,
13    all  material  used  in  testing the program and the programs
14    shall be  sealed  and  retained  under  the  custody  of  the
15    election   authority  for  a  period  of  60  days.   At  the
16    expiration of that time the election authority shall  destroy
17    the  voted ballots, together with all unused ballots returned
18    from the precincts.  Provided, if any contest of election  is
19    pending  at  the time in which the ballots may be required as
20    evidence  and  the  election  authority  has  notice  of  the
21    contest, the same shall not  be  destroyed  until  after  the
22    contest  is  finally  determined.   If  the  use  of  back-up
23    equipment  becomes  necessary,  the same testing required for
24    the original equipment shall be conducted.

25        (10 ILCS 5/24C-10 new)
26        Sec. 24C-10.  Recording  of  votes  by  Direct  Recording
27    Electronic Voting Systems.
28        Whenever  a  Direct Recording Electronic Voting System is
29    used to automatically record and count the votes on  ballots,
30    the  provisions  of  this Section shall apply.  A voter shall
31    cast a proper vote on a ballot by marking the designated area
32    for the casting of a vote for any party or candidate  or  for
33    or  against any public question.  For this purpose, a mark is
 
                            -179-    LRB093 07599 BDD 16859 a
 1    an intentional selection of the designated area on the ballot
 2    by  appropriate  means  and  which  is   not   otherwise   an
 3    identifying mark.

 4        (10 ILCS 5/24C-11 new)
 5        Sec. 24C-11. Functional requirements.
 6        A  Direct  Recording  Electronic  Voting System shall, in
 7    addition  to  satisfying  the  other  requirements  of   this
 8    Article, fulfill the following functional requirements:
 9        (a)  Provide a voter in a primary election with the means
10    of  casting  a  ballot  containing  votes  for  any  and  all
11    candidates  of the party or parties of his or her choice, and
12    for any and all non-partisan candidates and public  questions
13    and  preclude  the voter from voting for any candidate of any
14    other political party except when legally  permitted.   In  a
15    general  election,  the  system  shall provide the voter with
16    means of selecting the appropriate number of  candidates  for
17    any  office,  and  of  voting  on  any public question on the
18    ballot to which he or she is entitled to vote.
19        (b)  If a voter is not entitled to  vote  for  particular
20    candidates  or  public questions appearing on the ballot, the
21    system shall prevent the selection of the prohibited votes.
22        (c)  Once the proper ballot has been selected, the system
23    devices shall provide a means of enabling  the  recording  of
24    votes and the casting of said ballot.
25        (d)  System  voting  devices shall provide voting choices
26    that are clear to the voter and labels indicating  the  names
27    of  every  candidate and the text of every public question on
28    the voter's ballot.  Each label shall identify the  selection
29    button or switch, or the active area of the ballot associated
30    with  it.    The system shall be able to incorporate minimal,
31    easy-to-follow on-screen instruction for the voter on how  to
32    cast a ballot.
33        (e)  Voting  devices  shall  (i) enable the voter to vote
 
                            -180-    LRB093 07599 BDD 16859 a
 1    for any and all candidates and public questions appearing  on
 2    the  ballot for which the voter is lawfully entitled to vote,
 3    in any legal number and combination; (ii) detect  and  reject
 4    all  votes  for  an office or upon a public question when the
 5    voter has cast more votes for the office or upon  the  public
 6    question than the voter is entitled to cast; (iii) notify the
 7    voter if the voter's choices as recorded on the ballot for an
 8    office or public question are fewer than or exceed the number
 9    that  the  voter  is  entitled  to vote for on that office or
10    public question and the effect of  casting  more  votes  than
11    legally  permitted;  (iv)  notify  the voter if the voter has
12    failed to completely cast a vote  for  an  office  or  public
13    question appearing the ballot; and (v) permit the voter, in a
14    private  and independent manner, to verify the votes selected
15    by the voter, to change the ballot or to correct any error on
16    the ballot before the ballot is completely cast and  counted.
17    A means shall be provided to indicate each selection after it
18    has been made or canceled.
19        (f)  System  voting devices shall provide a means for the
20    voter to signify that the selection of candidates and  public
21    questions  has  been  completed.  Upon activation, the system
22    shall record an image of the completed ballot, increment  the
23    proper  ballot  position  registers, and shall signify to the
24    voter that the ballot has been cast.  The system  shall  then
25    prevent  any  further attempt to vote until it has been reset
26    or re-enabled by a judge of election.
27        (g)  Each system voting device shall be equipped  with  a
28    public  counter  that can be set to zero prior to the opening
29    of the polling place, and that records the number of  ballots
30    cast   at  a  particular  election.   The  counter  shall  be
31    incremented only by the casting of  a  ballot.   The  counter
32    shall  be designed to prevent disabling or resetting by other
33    than authorized persons after the polls close.   The  counter
34    shall  be  visible  to  all judges of election so long as the
 
                            -181-    LRB093 07599 BDD 16859 a
 1    device is installed at the polling place.
 2        (h)  Each system voting device shall be equipped  with  a
 3    protective  counter  that  records  all  of  the  testing and
 4    election ballots cast since the unit was built.  This counter
 5    shall be designed so that its reading cannot  be  changed  by
 6    any cause other than the casting of a ballot.  The protective
 7    counter  shall  be incapable of ever being reset and it shall
 8    be visible at all times when the  device  is  configured  for
 9    testing, maintenance, or election use.
10        (i)  All   system   devices  shall  provide  a  means  of
11    preventing further voting once the polling place  has  closed
12    and  after  all  eligible  voters  have voted.  Such means of
13    control shall incorporate  a  visible  indication  of  system
14    status.   Each  device  shall  prevent  any unauthorized use,
15    prevent  tampering  with  ballot  labels  and  preclude   its
16    re-opening  once the poll closing has been completed for that
17    election.
18        (j)  The system shall produce a printed summary report of
19    the votes cast upon each voting  device.   Until  the  proper
20    sequence  of events associated with closing the polling place
21    has been completed, the system shall not allow  the  printing
22    of  a  report  or the extraction of data.  The printed report
23    shall  also  contain  all  system  audit  information  to  be
24    required by  the  election  authority.   Data  shall  not  be
25    altered  or  otherwise destroyed by report generation and the
26    system shall ensure the integrity and security of data for  a
27    period of at least 6 months after the polls close.
28        (k)  If  more than one voting device is used in a polling
29    place, the system  shall  provide  a  means  to  manually  or
30    electronically  consolidate the data from all such units into
31    a single report even if different voting systems are used  to
32    record absentee ballots.  The system shall also be capable of
33    merging  the  vote  tabulation results produced by other vote
34    tabulation systems, if necessary.
 
                            -182-    LRB093 07599 BDD 16859 a
 1        (l)  System functions  shall  be  implemented  such  that
 2    unauthorized access to them is prevented and the execution of
 3    authorized  functions  in  an improper sequence is precluded.
 4    System functions shall be executable  only  in  the  intended
 5    manner and order, and only under the intended conditions.  If
 6    the preconditions to a system function have not been met, the
 7    function  shall  be  precluded from executing by the system's
 8    control logic.
 9        (m)  All system voting devices shall incorporate at least
10    3 memories in the machine  itself  and  in  its  programmable
11    memory devices.
12        (n)  The  system  shall include capabilities of recording
13    and reporting the date and time of normal and abnormal events
14    and of maintaining a permanent record  of  audit  information
15    that  cannot  be  turned  off.   Provisions  shall be made to
16    detect and record significant events (e.g., casting a ballot,
17    error conditions that cannot be disposed  of  by  the  system
18    itself,   time-dependent  or  programmed  events  that  occur
19    without  the  intervention  of  the  voter  or  a  judge   of
20    election).
21        (o)  The  system  and  each  system voting device must be
22    capable of creating, printing  and  maintaining  a  permanent
23    paper  record  and an electronic image of each ballot that is
24    cast such that records of individual ballots  are  maintained
25    by  a  subsystem  independent and distinct from the main vote
26    detection, interpretation,  processing  and  reporting  path.
27    The  electronic  images  of  each  ballot  must  protect  the
28    integrity  of  the  data and the anonymity of each voter, for
29    example, by means of storage location scrambling.  The ballot
30    image records may  be  either  machine-readable  or  manually
31    transcribed,  or  both,  at  the  discretion  of the election
32    authority.
33        (p)  The system shall include built-in test,  measurement
34    and  diagnostic  software  and  hardware  for  detecting  and
 
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 1    reporting the system's status and degree of operability.
 2        (q)  The  system shall contain provisions for maintaining
 3    the integrity of memory  voting  and  audit  data  during  an
 4    election and for a period of at least 6 months thereafter and
 5    shall provide the means for creating an audit trail.
 6        (r)  The system shall be fully accessible so as to permit
 7    blind  or  visually  impaired  voters  as  well as physically
 8    disabled voters to exercise their right to  vote  in  private
 9    and without assistance.
10        (s)  The   system   shall  provide  alternative  language
11    accessibility if required pursuant  to  Section  203  of  the
12    Voting Rights Act of 1965.
13        (t)  Each  voting device shall enable a voter to vote for
14    a person whose name does not appear on the ballot.
15        (u)  The system shall record and  count  accurately  each
16    vote  properly  cast  for or against any candidate and for or
17    against any public  question,  including  the  names  of  all
18    candidates whose names are written in by the voters.
19        (v)  The  system  shall  allow  for accepting provisional
20    ballots and for  separating  such  provisional  ballots  from
21    precinct totals until authorized by the election authority.
22        (w)  The system shall provide an effective audit trail as
23    defined in Section 24C-2 in this Code.
24        (x)  The  system  shall  be  suitably  designed  for  the
25    purpose  used,  be  durably  constructed, and be designed for
26    safety, accuracy and efficiency.
27        (y)  The system  shall  comply  with  all  provisions  of
28    Federal,  State  and  local election laws and regulations and
29    any future modifications to those laws and regulations.

30        (10 ILCS 5/24C-12 new)
31        Sec. 24C-12. Procedures  for  Counting  and  Tallying  of
32    Ballots.
33        In  an  election  jurisdiction  where  a Direct Recording
 
                            -184-    LRB093 07599 BDD 16859 a
 1    Electronic Voting System is used,  the  following  procedures
 2    for counting and tallying the ballots shall apply:
 3        Before  the opening of the polls, the judges of elections
 4    shall assemble the voting equipment and devices and turn  the
 5    equipment  on.  The judges shall, if necessary, take steps to
 6    activate  the  voting  devices  and  counting  equipment   by
 7    inserting  into  the equipment and voting devices appropriate
 8    data cards containing passwords  and  data  codes  that  will
 9    select  the  proper  ballot formats selected for that polling
10    place and  that  will  prevent  inadvertent  or  unauthorized
11    activation  of  the  poll-opening  function.    Before voting
12    begins  and  before  ballots  are  entered  into  the  voting
13    devices, the judges of election shall cause to be  printed  a
14    record  of the following: the election's identification data,
15    the  device's  unit  identification,  the   ballot's   format
16    identification,   the   contents  of  each  active  candidate
17    register  by  office  and  of  each  active  public  question
18    register showing that they contain all zero votes, all ballot
19    fields that can be used to invoke special voting options, and
20    other information needed  to  ensure  the  readiness  of  the
21    equipment   and   to   accommodate  administrative  reporting
22    requirements.  The judges must also check to be sure that the
23    totals are all zeros in  the  counting  columns  and  in  the
24    public counter affixed to the voting devices.
25        After  the  judges  have  determined  that  a  person  is
26    qualified  to vote, a voting device with the proper ballot to
27    which the voter is entitled shall be enabled to  be  used  by
28    the  voter.   The  ballot  may  then  be cast by the voter by
29    marking by appropriate  means  the  designated  area  of  the
30    ballot  for the casting of a vote for any candidate or for or
31    against any public question.  The voter shall be able to vote
32    for any and all candidates and public measures  appearing  on
33    the  ballot in any legal number and combination and the voter
34    shall be able  to  delete,  change  or  correct  his  or  her
 
                            -185-    LRB093 07599 BDD 16859 a
 1    selections  before  the  ballot  is cast.  The voter shall be
 2    able to select candidates whose names do not appear upon  the
 3    ballot  for  any  office  by  entering electronically as many
 4    names of candidates as the voter is entitled  to  select  for
 5    each office.
 6        Upon  completing  his  or  her selection of candidates or
 7    public questions, the voter shall  signify  that  voting  has
 8    been  completed  by activating the appropriate button, switch
 9    or active area of the ballot screen associated  with  end  of
10    voting.   Upon  activation, the voting system shall record an
11    image of the completed ballot, increment  the  proper  ballot
12    position  registers,  and shall signify to the voter that the
13    ballot has been cast.  Upon  activation,  the  voting  system
14    shall also print a permanent paper record of each ballot cast
15    as  defined  in  Section  24C-2 of this Code.  This permanent
16    paper record shall either be self-contained within the voting
17    device or shall be deposited  by  the  voter  into  a  secure
18    ballot  box.  No permanent paper record shall be removed from
19    the polling place except by election officials as  authorized
20    by  this  Article.   All  permanent  paper  records  shall be
21    preserved and secured  by  election  officials  in  the  same
22    manner as paper ballots and shall be available as an official
23    record  for  any recount, redundant count, or verification or
24    retabulation of the vote count conducted with respect to  any
25    election  in  which  the  voting system is used.    The voter
26    shall exit the voting station and  the  voting  system  shall
27    prevent  any  further  attempt  to  vote  until  it  has been
28    properly re-activated.  If a voting device has  been  enabled
29    for  voting  but  the  voter leaves the polling place without
30    casting a ballot, 2 judges of election, one from each of  the
31    2 major political parties, shall spoil the ballot.
32        Throughout the election day and before the closing of the
33    polls,  no person may check any vote totals for any candidate
34    or public question on the voting or counting equipment.  Such
 
                            -186-    LRB093 07599 BDD 16859 a
 1    equipment shall be programmed so that no person may reset the
 2    equipment for reentry of ballots unless provided  the  proper
 3    code  from  an  authorized  representative  of  the  election
 4    authority.
 5        The  precinct  judges  of election shall check the public
 6    register to determine whether the number of  ballots  counted
 7    by  the  voting  equipment  agrees  with the number of voters
 8    voting as shown by the applications for ballot.  If the  same
 9    do  not  agree,  the  judges  of  election  shall immediately
10    contact the offices of the election authority  in  charge  of
11    the  election  for  further  instructions.   If the number of
12    ballots counted by  the  voting  equipment  agrees  with  the
13    number  of  voters  voting  as  shown  by the application for
14    ballot, the number shall  be  listed  on  the  "Statement  of
15    Ballots" form provided by the election authority.
16        The  totals  for all candidates and propositions shall be
17    tabulated; and 4 copies of a "Certificate of  Results"  shall
18    be  printed  by  the automatic tabulating equipment; one copy
19    shall be posted in a conspicuous  place  inside  the  polling
20    place;  and  every  effort  shall  be  made  by the judges of
21    election to provide a copy for each authorized pollwatcher or
22    other official authorized to be present in the polling  place
23    to  observe the counting of ballots; but in no case shall the
24    number of copies to be  made  available  to  pollwatchers  be
25    fewer  than  4,  chosen by lot by the judges of election.  In
26    addition, sufficient time shall be provided by the judges  of
27    election   to   the   pollwatchers  to  allow  them  to  copy
28    information from the copy which has been posted.
29        If instructed by the election authority,  the  judges  of
30    election  shall cause the tabulated returns to be transmitted
31    electronically to the offices of the election  authority  via
32    modem or other electronic medium.
33        The   precinct   judges   of   election  shall  select  a
34    bi-partisan team of 2 judges, who  shall  immediately  return
 
                            -187-    LRB093 07599 BDD 16859 a
 1    the  ballots  in  a  sealed  container,  along with all other
 2    election  materials  and  equipment  as  instructed  by   the
 3    election  authority;  provided,  however, that such container
 4    must first be sealed by the  election  judges  with  filament
 5    tape  or  other  approved  sealing  devices  provided for the
 6    purpose in a manner that the ballots cannot be  removed  from
 7    the  container without breaking the seal or filament tape and
 8    disturbing any signatures affixed by the election  judges  to
 9    the  container.  The election authority shall keep the office
10    of  the  election  authority  or   any   receiving   stations
11    designated by the authority, open for at least 12 consecutive
12    hours after the polls close or until the ballots and election
13    material   and   equipment  from  all  precincts  within  the
14    jurisdiction of the election authority have been returned  to
15    the  election  authority.  Ballots and election materials and
16    equipment returned to the office of  the  election  authority
17    which  are not signed and sealed as required by law shall not
18    be accepted  by  the  election  authority  until  the  judges
19    returning   the   ballots   make   and   sign  the  necessary
20    corrections.  Upon acceptance of  the  ballots  and  election
21    materials and equipment by the election authority, the judges
22    returning  the  ballots  shall  take  a receipt signed by the
23    election authority and stamped with the time and date of  the
24    return.   The  election judges whose duty it is to return any
25    ballots and election  materials  and  equipment  as  provided
26    shall,  in  the  event  the  ballots,  materials or equipment
27    cannot be found when needed, on proper request,  produce  the
28    receipt which they are to take as above provided.

29        (10 ILCS 5/24C-13 new)
30        Sec.  24C-13.  Absentee  ballots; Proceedings at Location
31    for Central Counting; Employees; Approval of List.
32        (a)  All jurisdictions using Direct Recording  Electronic
33    Voting Systems shall use paper ballots or paper ballot sheets
 
                            -188-    LRB093 07599 BDD 16859 a
 1    approved  for  use under Articles 16, 24A of 24B of this Code
 2    when conducting absentee voting except that Direct  Recording
 3    Electronic  Voting Systems may be used for in-person absentee
 4    voting conducted pursuant to Section  19-2.1  of  this  Code.
 5    All  absentee  ballots  shall be counted at the office of the
 6    election authority.  The provisions of Section  24A-9,  24B-9
 7    and  24C-9 of this Code shall apply to the testing and notice
 8    requirements  for   central   count   tabulation   equipment,
 9    including comparing the signature on the ballot envelope with
10    the   signature   of   the   voter  on  the  permanent  voter
11    registration  record  card  taken  from  the   master   file.
12    Absentee  ballots other than absentee ballots voted in person
13    pursuant to Section 19-2.1 of this Code shall be examined and
14    processed pursuant to Sections 19-9 and 20-9  of  this  Code.
15    Vote results shall be recorded by precinct and shall be added
16    to  the  vote  results  for  the precinct in which the absent
17    voter was  eligible  to  vote  prior  to  completion  of  the
18    official canvass.
19        (b)  All proceedings at the location for central counting
20    shall  be under the direction of the county clerk or board of
21    election commissioners.  Except  for  any  specially  trained
22    technicians   required   for  the  operation  of  the  Direct
23    Recording Electronic Voting  System,  the  employees  at  the
24    counting  station shall be equally divided between members of
25    the 2 leading political parties and all duties  performed  by
26    the employees shall be by teams consisting of an equal number
27    of  members  of  each political party.  Thirty days before an
28    election the county clerk or board of election  commissioners
29    shall submit to the chairman of each political party, for his
30    or  her  approval or disapproval, a list of persons of his or
31    her party proposed to be employed.  If a  chairman  fails  to
32    notify  the  election  authority of his or her disapproval of
33    any proposed employee within a period of 10  days  thereafter
34    the list shall be deemed approved.
 
                            -189-    LRB093 07599 BDD 16859 a
 1        (10 ILCS 5/24C-14 new)
 2        Sec.  24C-14.  Tabulating  Votes;  Direction; Presence of
 3    Public; Computer Operator's Log and Canvass.   The  procedure
 4    for  tabulating  the votes by the Direct Recording Electronic
 5    Voting System shall be under the direction  of  the  election
 6    authority and shall conform to the requirements of the Direct
 7    Recording    Electronic    Voting    System.    During    any
 8    election-related   activity   using   the   automatic  Direct
 9    Recording Electronic Voting System  equipment,  the  election
10    authority  shall  make  a  reasonable  effort to dedicate the
11    equipment to vote  processing  to  ensure  the  security  and
12    integrity of the system.
13        A  reasonable number of pollwatchers shall be admitted to
14    the  counting  location.   Such  persons  may   observe   the
15    tabulating   process   at  the  discretion  of  the  election
16    authority; however,  at  least  one  representative  of  each
17    established  political  party  and  authorized  agents of the
18    State Board of Elections shall be permitted to  observe  this
19    process  at  all times.  No persons except those employed and
20    authorized for the purpose shall  touch  any  ballot,  ballot
21    box, return, or equipment.
22        The computer operator shall be designated by the election
23    authority  and  shall  be  sworn  as a deputy of the election
24    authority.  In conducting the vote  tabulation  and  canvass,
25    the computer operator must maintain a log which shall include
26    the following information:
27             (a) alterations made to programs associated with the
28        vote counting process;
29             (b)  if applicable, console messages relating to the
30        program  and  the  respective  responses  made   by   the
31        operator;
32             (c) the starting time for each precinct counted, the
33        number   of   ballots  counted  for  each  precinct,  any
34        equipment  problems  and,  insofar  as  practicable,  the
 
                            -190-    LRB093 07599 BDD 16859 a
 1        number  of  invalid  security  designations   encountered
 2        during that count; and
 3             (d) changes and repairs made to the equipment during
 4        the vote tabulation and canvass.
 5        The   computer   operator's  log  and  canvass  shall  be
 6    available for public inspection in the office of the election
 7    authority for a period of 60 days following the  proclamation
 8    of  election  results.  A copy of the computer operator's log
 9    and the canvass shall be transmitted to the  State  Board  of
10    Elections upon its request and at its expense.

11        (10 ILCS 5/24C-15 new)
12        Sec.  24C-15.  Official  Return  of  Precinct;  Check  of
13    Totals;  Audit.  The  precinct  return  printed by the Direct
14    Recording Electronic Voting System tabulating equipment shall
15    include the number of ballots cast and votes  cast  for  each
16    candidate  and  public  question  and  shall  constitute  the
17    official  return  of  each  precinct.   In  addition  to  the
18    precinct  return,  the  election  authority shall provide the
19    number of applications for  ballots  in  each  precinct,  the
20    total  number of ballots and absentee ballots counted in each
21    precinct for each political subdivision and district and  the
22    number  of  registered voters in each precinct.  However, the
23    election authority  shall  check  the  totals  shown  by  the
24    precinct  return  and,  if  there  is  an obvious discrepancy
25    regarding the total number of votes  cast  in  any  precinct,
26    shall  have  the ballots for that precinct audited to correct
27    the return.  The procedures for this audit shall apply  prior
28    to  and  after  the proclamation is completed; however, after
29    the proclamation of  results,  the  election  authority  must
30    obtain  a  court  order  to  unseal  voted  ballots or voting
31    devices except for election contests and discovery  recounts.
32    The  certificate  of  results,  which  has  been prepared and
33    signed by the judges of election in the polling  place  after
 
                            -191-    LRB093 07599 BDD 16859 a
 1    the  ballots  have been tabulated, shall be the document used
 2    for the canvass of  votes  for  such  precinct.   Whenever  a
 3    discrepancy  exists  during  the canvass of votes between the
 4    unofficial  results  and  the  certificate  of  results,   or
 5    whenever  a  discrepancy  exists  during the canvass of votes
 6    between the certificate of results  and  the  set  of  totals
 7    reflected on the certificate of results, the ballots for that
 8    precinct shall be audited to correct the return.
 9        Prior  to  the proclamation, the election authority shall
10    test the voting devices and equipment in 1% of the  precincts
11    within the election jurisdiction.  The precincts to be tested
12    shall be selected after election day on a random basis by the
13    election  authority,  so  that every precinct in the election
14    jurisdiction  has  an  equal  mathematical  chance  of  being
15    selected.  The  State  Board  of  Elections  shall  design  a
16    standard  and  scientific  random  method  of  selecting  the
17    precincts  that  are to be tested, and the election authority
18    shall be required to use that method.   The  State  Board  of
19    Elections,  the  State's  Attorney  and other appropriate law
20    enforcement agencies, the county chairman of each established
21    political party and qualified civic  organizations  shall  be
22    given  prior  written  notice  of  the  time and place of the
23    random selection procedure and  may  be  represented  at  the
24    procedure.
25        The  test shall be conducted by counting the votes marked
26    on the permanent paper record of  each  ballot  cast  in  the
27    tested precinct printed by the voting system at the time that
28    each  ballot was cast and comparing the results of this count
29    with the results shown by the certificate of results prepared
30    by the Direct Recording Electronic voting system in the  test
31    precinct.    The  election  authority  shall test count these
32    votes either by hand or  by  using  an  automatic  tabulating
33    device other than a Direct Recording Electronic voting device
34    that  has  been  approved by the State Board of Elections for
 
                            -192-    LRB093 07599 BDD 16859 a
 1    that purpose and tested before use to  ensure  accuracy.  The
 2    election  authority  shall  print  the  results  of each test
 3    count.   If  any  error  is  detected,  the  cause  shall  be
 4    determined and corrected, and an  errorless  count  shall  be
 5    made  prior  to  the  official  canvass  and  proclamation of
 6    election results.  If an errorless count cannot be  conducted
 7    and  there continues to be difference in vote results between
 8    the certificate of results produced by the  Direct  Recording
 9    Electronic voting system and the count of the permanent paper
10    records  or  if  an  error  was  detected  and corrected, the
11    election authority shall immediately prepare and  forward  to
12    the  appropriate canvassing board a written report explaining
13    the results of the test and any errors  encountered  and  the
14    report shall be made available for public inspection.
15        The  State  Board  of Elections, the State's Attorney and
16    other  appropriate  law  enforcement  agencies,  the   county
17    chairman  of  each  established political party and qualified
18    civic organizations shall be given prior  written  notice  of
19    the  time and place of the test and may be represented at the
20    test.
21        The results of this post-election test shall  be  treated
22    in the same manner and have the same effect as the results of
23    the  discovery procedures set forth in Section 22-9.1 of this
24    Code.

25        (10 ILCS 5/24C-15.01 new)
26        Sec. 24C-15.01. Transporting Ballots to Central  Counting
27    Station; Container.  Upon completion of the tabulation, audit
28    or  test  of  voting  equipment  pursuant  to Sections 24C-11
29    through 24C-15, the ballots and  the  medium  containing  the
30    ballots from each precinct shall be replaced in the container
31    in  which  they  were  transported  to  the  central counting
32    station.  If the  container  is  not  a  type  which  may  be
33    securely   locked,   then   each   container,   before  being
 
                            -193-    LRB093 07599 BDD 16859 a
 1    transferred from the counting station to  storage,  shall  be
 2    securely sealed.

 3        (10 ILCS 5/24C-15.1 new)
 4        Sec. 24C-15.1. Discovery, Recounts and Election Contests.
 5    Except  as provided, discovery recounts and election contests
 6    shall be conducted as otherwise provided for  in  this  Code.
 7    The Direct Recording Electronic Voting System equipment shall
 8    be  tested prior to the discovery recount or election contest
 9    as provided in Section 24C-9, and then the  official  ballots
10    shall be audited.
11        Any person who has filed a petition for discovery recount
12    may  request  that  a  redundant  count be conducted in those
13    precincts in which the discovery recount is being  conducted.
14    The  additional  costs of a redundant count shall be borne by
15    the requesting party.
16        The log  of  the  computer  operator  and  all  materials
17    retained  by  the  election  authority  in  relation  to vote
18    tabulation and  canvass  shall  be  made  available  for  any
19    discovery recount or election contest.

20        (10 ILCS 5/24C-16 new)
21        Sec.  24C-16.  Approval  of  Direct  Recording Electronic
22    Voting Systems; Requisites.  The  State  Board  of  Elections
23    shall  approve all Direct Recording Electronic Voting Systems
24    that fulfill the functional requirements provided by  Section
25    24C-11  of  this  Code,  the  mandatory  requirements  of the
26    federal  voting  system  standards   pertaining   to   Direct
27    Recording   Electronic  voting  systems  promulgated  by  the
28    Federal  Election  Commission  or  the  Election   Assistance
29    Commission,   the   testing   requirements   of  an  approved
30    independent testing authority and  the  rules  of  the  State
31    Board of Elections.
32        The  State  Board  of Elections is authorized to withdraw
 
                            -194-    LRB093 07599 BDD 16859 a
 1    its approval of a Direct Recording Electronic  Voting  System
 2    if  the  System,  once  approved,  fails to fulfill the above
 3    requirements.
 4        No vendor, person or other entity may sell, lease or loan
 5    a  Direct  Recording  Electronic  Voting  System  or   system
 6    component  to  any election jurisdiction unless the system or
 7    system component is first approved  by  the  State  Board  of
 8    Elections pursuant to this Section.

 9        (10 ILCS 5/24C-17 new)
10        Sec. 24C-17. Rules; Number of Voting Stations.  The State
11    Board   of  Elections  may  make  reasonable  rules  for  the
12    administration of this Article and may prescribe  the  number
13    of  voting  stations required for the various types of voting
14    systems.

15        (10 ILCS 5/24C-18 new)
16        Sec.  24C-18.  Specimen  Ballots;  Publication.   When  a
17    Direct  Recording  Electronic  Voting  System  is  used,  the
18    election authority shall cause to be published,  at  least  5
19    days  before  the  day  of  each  general and general primary
20    election, in 2 or more newspapers published in and  having  a
21    general circulation in the county, a true and legible copy of
22    the  specimen  ballot  containing  the  names  of offices and
23    candidates and public questions to be voted on,  as  near  as
24    may be, in the form in which they will appear on the official
25    ballot  on  election  day.  A true legible copy may be in the
26    form of an actual size  ballot  and  shall  be  published  as
27    required  by  this  Section  if  distributed  in  2  or  more
28    newspapers  published and having a general circulation in the
29    county as an insert.  For each election prescribed in Article
30    2A of this Code, specimen ballots shall be made available for
31    public distribution and shall be supplied to  the  judges  of
32    election  for  posting  in  the  polling  place on the day of
 
                            -195-    LRB093 07599 BDD 16859 a
 1    election.  Notice for the  consolidated  elections  shall  be
 2    given as provided in Article 12.

 3        (10 ILCS 5/24C-19 new)
 4        Sec.  24C-19. Additional Method of Voting.  The foregoing
 5    Sections of this Article shall be deemed to provide a  method
 6    of  voting  in  addition to the methods otherwise provided in
 7    this Code.

 8        Section 10.  The State Finance Act is amended  by  adding
 9    Section 5.595 as follows:

10        (30 ILCS 105/5.595 new)
11        Sec. 5.595. The Help Illinois Vote Fund.

12        Section 15.  The Property Tax Code is amended by changing
13    Section 5-5 as follows:

14        (35 ILCS 200/5-5)
15        Sec.  5-5.  Election of commissioners of board of review;
16    counties of 3,000,000 or more.
17        (a)  In counties with 3,000,000 or more  inhabitants,  on
18    the  first Tuesday after the first Monday in November 1994, 2
19    commissioners of the board of appeals  shall  be  elected  to
20    hold office from the first Monday in December following their
21    election and until the first Monday in December 1998. In case
22    of  any  vacancy, the chief judge of the circuit court or any
23    judge of that circuit designated by  the  chief  judge  shall
24    fill  the  vacancy by appointment. The commissioners shall be
25    electors in the  particular  county  at  the  time  of  their
26    election  or  appointment  and  shall hold no other lucrative
27    public office or public employment. Each  commissioner  shall
28    receive  compensation  fixed by the county board, which shall
29    be paid out of the county treasury and  which  shall  not  be
 
                            -196-    LRB093 07599 BDD 16859 a
 1    changed during the term for which any commissioner is elected
 2    or  appointed.  Effective  the first Monday in December 1998,
 3    the board of appeals is abolished.
 4        The  board   of   appeals   shall   maintain   sufficient
 5    evidentiary  records  to  support  all  decisions made by the
 6    board of appeals.  All records,  data,  sales/ratio  studies,
 7    and  other  information  necessary  for  the  board of review
 8    elected under subsection (c) to  perform  its  functions  and
 9    duties  shall  be  transferred by the board of appeals to the
10    board of review on the first Monday in December 1998.
11        (b)  (Blank).
12        (c)  In each county with 3,000,000 or  more  inhabitants,
13    there is created a board of review. The board of review shall
14    consist  of  3  commissioners, one elected from each election
15    district in the county at the general  election  in  1998  to
16    hold  office  for  a  term  beginning  on the first Monday in
17    December following their election and until their  respective
18    successors are elected and qualified.
19        No  later  than  June 1, 1996, the General Assembly shall
20    establish the boundaries for the 3 election districts in each
21    county with  3,000,000  or  more  inhabitants.  The  election
22    districts    shall   be   compact,   contiguous,   and   have
23    substantially the same population based on the  1990  federal
24    decennial  census.  One  district  shall be designated as the
25    first election district, one as the second election district,
26    and one as the third election district. The commissioner from
27    each district shall be elected to a term of 4 years.
28        In the year following each federal decennial census,  the
29    General  Assembly shall reapportion the election districts to
30    reflect  the  results  of  the  census.   The   reapportioned
31    districts   shall   be   compact,   contiguous,  and  contain
32    substantially the same population. The commissioner from  the
33    first district shall be elected to terms of 4 years, 4 years,
34    and 2 years. The  commissioner from the second district shall
 
                            -197-    LRB093 07599 BDD 16859 a
 1    be  elected  to  terms  of 4 years, 2 years, and 4 years. The
 2    commissioner from the third  district  shall  be  elected  to
 3    terms of 2 years, 4 years, and 4 years.
 4        In  case of vacancy, the chief judge of the circuit court
 5    or any judge of the circuit court  designated  by  the  chief
 6    judge  shall fill the vacancy by appointment of a person from
 7    the same political party. If the vacancy is filled with  more
 8    than   28   months  remaining  in  the  term,  the  appointed
 9    commissioner shall serve until the next general election,  at
10    which  time  a commissioner shall be elected to serve for the
11    remainder of the term.  If a vacancy is filled with 28 months
12    or less remaining in the term, the appointment shall  be  for
13    the  remainder of the term. No commissioner may be elected or
14    appointed to the board of review unless he or she has resided
15    in the election district he or she seeks to represent for  at
16    least 2 years before the date of the election or appointment.
17    In  the  election following each federal decennial census and
18    board of review redistricting, a candidate  for  commissioner
19    may  be  elected  from  any election district that contains a
20    part of the election district in which he or she  resided  at
21    the time of the redistricting and re-elected if a resident of
22    the  new district he or she represents for 18 months prior to
23    re-election.  The  commissioners  shall  be  electors  within
24    their  respective  election  district  at  the  time of their
25    election or appointment and shall  hold  no  other  lucrative
26    public office or public employment.
27        Each commissioner shall receive compensation fixed by the
28    county  board,  which shall be paid from the county treasury.
29    Compensation for each commissioner  shall  be  equitable  and
30    shall   not  be  changed  during  the  term  for  which  that
31    commissioner  is  elected  or  appointed.  The  county  shall
32    provide suitable office space for the board of review.
33        For the year beginning on the first  Monday  in  December
34    1998  and ending the first Monday in December 1999, and every
 
                            -198-    LRB093 07599 BDD 16859 a
 1    fourth year thereafter, the chair of the board shall  be  the
 2    commissioner  elected  from the first district.  For the year
 3    beginning the first Monday in December 1999  and  ending  the
 4    first   Monday  in  December  2000,  and  every  fourth  year
 5    thereafter, the chair of the board shall be the  commissioner
 6    elected from the second district.  For the year beginning the
 7    first  Monday in December 2000 and ending the first Monday in
 8    December 2001, and every fourth year  thereafter,  the  chair
 9    shall  be  the  commissioner elected from the third district.
10    For the year beginning the first Monday in December 2001  and
11    ending  the  first  Monday in December 2002, and every fourth
12    year thereafter, the chair of the board shall  be  determined
13    by lot.
14        On  and  after  the  first  Monday in December, 1998, any
15    reference in this Code to a board of appeals shall  mean  the
16    board  of  review  created  under  this  subsection,  and any
17    reference to a member of a  board  of  review  shall  mean  a
18    commissioner  of  a  board  of  review.   Whenever  it may be
19    necessary for purposes of determining its  jurisdiction,  the
20    board  of review shall be deemed to succeed to the powers and
21    duties of the former board  of  appeals;  provided  that  the
22    board  of review shall also have all of the powers and duties
23    granted to it under this Code.  All action of  the  board  of
24    review shall be by a majority vote of its commissioners.
25    (Source: P.A. 91-393, eff. 7-30-99; 91-425, eff. 8-6-99.)

26        Section  20.  The  School  Code  is  amended  by changing
27    Section 22-21 as follows:

28        (105 ILCS 5/22-21) (from Ch. 122, par. 22-21)
29        Sec. 22-21. Elections-Use of school buildings.
30        (a)  Every school board shall offer  to  the  appropriate
31    officer  or board having responsibility for providing polling
32    places for elections the use of any and all  buildings  under
 
                            -199-    LRB093 07599 BDD 16859 a
 1    its  jurisdiction for any and all elections to be held, if so
 2    requested by such appropriate officer or board.
 3        (b)  Election officers shall place 2 or more cones, small
 4    United States national flags, or some other marker a distance
 5    of 100 horizontal feet from each entrance to the room used by
 6    voters to engage in voting,  which  shall  be  known  as  the
 7    polling  room.  If  the  polling  room  is  located  within a
 8    building that is a public or private school and the  distance
 9    of  100  horizontal  feet  ends  within  the  interior of the
10    building, then the markers shall be  placed  outside  of  the
11    building  at  each  entrance  used  by  voters  to enter that
12    building on the  grounds  adjacent  to  the  thoroughfare  or
13    walkway.  If  the  polling room is located within a public or
14    private school building with 2 or more floors and the polling
15    room is located on the ground floor, then the  markers  shall
16    be  placed  100  horizontal  feet  from  each entrance to the
17    polling room used by voters  to  engage  in  voting.  If  the
18    polling  room  is  located  in  a  public  or  private school
19    building with 2 or  more  floors  and  the  polling  room  is
20    located  on a floor above or below the ground floor, then the
21    markers shall be placed a  distance  of  100  feet  from  the
22    nearest  elevator  or  staircase used by voters on the ground
23    floor to access the floor where the polling room is  located.
24    The  area  within where the markers are placed shall be known
25    as a campaign free zone,  and  electioneering  is  prohibited
26    pursuant to this subsection.
27        Notwithstanding  any  other  provision  of this Code, the
28    area on polling place property beyond the campaign free zone,
29    whether publicly or privately owned, is a  public  forum  for
30    the  time  that the polls are open on an election day. At the
31    request of election officers any publicly owned building must
32    be made available for use as a polling place. A person  shall
33    have  the right to congregate and engage in electioneering on
34    any polling place property while the polls  are  open  beyond
 
                            -200-    LRB093 07599 BDD 16859 a
 1    the  campaign  free  zone,  including but not limited to, the
 2    placement  of  temporary  signs.  This  subsection  shall  be
 3    construed  liberally  in  favor  of   persons   engaging   in
 4    electioneering  on  all  polling  place  property  beyond the
 5    campaign free zone for the time that the polls are open on an
 6    election day.
 7    (Source: Laws 1965, p. 2477.).

 8        (10 ILCS 5/28-6) (from Ch. 46, par. 28-6)
 9        Sec. 28-6.  Petitions; filing.
10        (a)  On a written petition signed by a number  of  voters
11    equal  to  at  least  8% of the votes cast for candidates for
12    Governor in the preceding gubernatorial election  by  10%  of
13    the  registered  voters  of  the  any municipality, township,
14    county or school district it shall be the duty of the  proper
15    election  officers to submit any question of public policy so
16    petitioned for, to the electors of such political subdivision
17    at any regular election named in the  petition  at  which  an
18    election  is  scheduled  to be held throughout such political
19    subdivision under Article 2A. Such petitions shall  be  filed
20    with the local election official of the political subdivision
21    or  election  authority,  as  the  case  may be. Where such a
22    question is to be submitted to the voters of  a  municipality
23    which has adopted Article 6, or a township or school district
24    located entirely within the jurisdiction of a municipal board
25    of election commissioners, such petitions shall be filed with
26    the  board of election commissioners having jurisdiction over
27    the political subdivision.
28        (b)  In  a  municipality   with   more   than   1,000,000
29    inhabitants,  when  a  question  of public policy exclusively
30    concerning a contiguous territory  included  entirely  within
31    but  not  coextensive  with  the municipality is initiated by
32    resolution or ordinance of the corporate authorities  of  the
33    municipality,  or  by  a  petition  which  may  be  signed by
 
                            -201-    LRB093 07599 BDD 16859 a
 1    registered voters who reside in any part of any precinct  all
 2    or  part  of  which includes all or part of the territory and
 3    who equal in number at least 8% of the total votes  cast  for
 4    candidates   for  Governor  in  the  preceding  gubernatorial
 5    election by 10% of the total number of registered  voters  of
 6    the  precinct or precincts the registered voters of which are
 7    eligible to sign the petition, it shall be the  duty  of  the
 8    election authority having jurisdiction over such municipality
 9    to  submit  such  question  to  the  electors throughout each
10    precinct all or part of which includes all  or  part  of  the
11    territory   at   the   regular   election  specified  in  the
12    resolution,  ordinance  or  petition  initiating  the  public
13    question.  A petition initiating a public question  described
14    in this subsection shall be filed with the election authority
15    having  jurisdiction  over  the  municipality.  A resolution,
16    ordinance or petition initiating a public question  described
17    in  this  subsection  shall specify the election at which the
18    question is to be submitted.
19        (c)  Local questions of public policy authorized by  this
20    Section  and  statewide questions of public policy authorized
21    by Section 28-9 shall be advisory public  questions,  and  no
22    legal  effects shall result from the adoption or rejection of
23    such propositions.
24        (d)  This Section does not  apply  to  a  petition  filed
25    pursuant to Article IX of the Liquor Control Act of 1934.
26    (Source: P.A. 84-1467.)

27        (10 ILCS 5/28-9) (from Ch. 46, par. 28-9)
28        Sec.  28-9.  Petitions for proposed amendments to Article
29    IV of the Constitution pursuant to Section 3, Article XIV  of
30    the  Constitution  shall  be  signed  by a number of electors
31    equal in number to at least 8% of the total  votes  cast  for
32    candidates   for  Governor  in  the  preceding  gubernatorial
33    election.  Such  petition  shall  have  been  signed  by  the
 
                            -202-    LRB093 07599 BDD 16859 a
 1    petitioning  electors  not  more than 24 months preceding the
 2    general election at which the proposed  amendment  is  to  be
 3    submitted  and  shall be filed with the Secretary of State at
 4    least 6 months before that general election.
 5        Upon receipt of a petition for a proposed  Constitutional
 6    amendment,  the  Secretary  of  State  shall,  as  soon as is
 7    practicable, but no later than the close of the next business
 8    day, deliver such petition to the State Board of Elections.
 9        Petitions for advisory questions of public policy  to  be
10    submitted  to  the voters of the entire State shall be signed
11    by a number of voters equal in number  to  8%  of  the  total
12    votes  cast  for  candidates  for  Governor  in the preceding
13    gubernatorial election at least 10% of the registered  voters
14    in  the State.  Such  petition shall have been signed by said
15    petitioners not more than 24 months preceding the date of the
16    general election at which the question is to be submitted and
17    shall be filed with the State Board of Elections at  least  6
18    months before that general election.
19        The  proponents  of the proposed Constitutional amendment
20    or statewide advisory public question shall file the original
21    petition  in  bound  election  jurisdiction  sections.   Each
22    section shall be composed of consecutively numbered  petition
23    sheets containing only the signatures of registered voters of
24    a  single  election  jurisdiction  and,  at  the  top of each
25    petition sheet, the name of the election  jurisdiction  shall
26    be  typed  or printed in block letters; provided that, if the
27    name of the election jurisdiction  is  not  so  printed,  the
28    election  jurisdiction  of  the  circulator  of that petition
29    sheet shall be controlling with respect to the signatures  on
30    that sheet. Any petition sheets not consecutively numbered or
31    which  contain  duplicate  page numbers already used on other
32    sheets, or are photocopies  or  duplicates  of  the  original
33    sheets,  shall not be considered part of the petition for the
34    purpose of the random sampling verification and shall not  be
 
                            -203-    LRB093 07599 BDD 16859 a
 1    counted  toward  the minimum number of signatures required to
 2    qualify the proposed constitutional  amendment  or  statewide
 3    advisory public question for the ballot.
 4        Within  7 business days following the last day for filing
 5    the original petition, the proponents shall also file  copies
 6    of  the  sectioned election jurisdiction petition sheets with
 7    each proper election authority and obtain a receipt therefor.
 8        For purposes of this Act, the following  terms  shall  be
 9    defined and construed as follows:
10        1.  "Board" means the State Board of Elections.
11        2.  "Election  Authority" means a county clerk or city or
12    county board of election commissioners.
13        3.  "Election Jurisdiction" means (a) an  entire  county,
14    in  the  case  of a county in which no city board of election
15    commissioners is located or which is under  the  jurisdiction
16    of   a  county  board  of  election  commissioners;  (b)  the
17    territorial  jurisdiction  of  a  city  board   of   election
18    commissioners;  and  (c) the territory in a county outside of
19    the jurisdiction of a city board of  election  commissioners.
20    In  each  instance  election jurisdiction shall be determined
21    according to which election authority maintains the permanent
22    registration records of qualified electors.
23        4.  "Proponents"   means   any    person,    association,
24    committee,  organization  or other group, or their designated
25    representatives, who advocate and cause the  circulation  and
26    filing  of  petitions  for  a  statewide advisory question of
27    public policy or  a  proposed  constitutional  amendment  for
28    submission  at a general election and who has registered with
29    the Board as provided in this Act.
30        5.  "Opponents" means any person, association, committee,
31    organization   or   other   group,   or   their    designated
32    representatives,  who oppose a statewide advisory question of
33    public policy or  a  proposed  constitutional  amendment  for
34    submission at a general election and who have registered with
 
                            -204-    LRB093 07599 BDD 16859 a
 1    the Board as provided in this Act.
 2    (Source: P.A. 87-1052.)

 3        Section  10.  The  Counties  Code  is  amended  by adding
 4    Section 5-1005.5 as follows:

 5        (55 ILCS 5/5-1005.5 new)
 6        Sec. 5-1005.5.  Advisory referenda.  By  a  vote  of  the
 7    majority  of  the  members of the county board, the board may
 8    authorize an advisory question of public policy to be  placed
 9    on the ballot at the next regularly scheduled election in the
10    county.   The  county board shall certify the question to the
11    proper election authority, which must submit the question  at
12    an election in accordance with the Election Code.

13        Section  15.  The  Illinois  Municipal Code is amended by
14    adding Section 3.1-40-60 as follows:

15        (65 ILCS 5/3.1-40-60 new)
16        Sec. 3.1-40-60.  Advisory referenda.  By a  vote  of  the
17    majority  of the members of the city council, the council may
18    authorize an advisory question of public policy to be  placed
19    on the ballot at the next regularly scheduled election in the
20    municipality.  The city council shall certify the question to
21    the proper election authority, which must submit the question
22    at an election in accordance with the Election Code.

23        Section  20.  The Park District Code is amended by adding
24    Section 8-30 as follows:

25        (70 ILCS 1205/8-30 new)
26        Sec. 8-30. Advisory referenda. By a vote of the  majority
27    of  the  members  of  the  park district board, the board may
28    authorize an advisory question of public policy to be  placed
 
                            -205-    LRB093 07599 BDD 16859 a
 1    on the ballot at the next regularly scheduled election in the
 2    district.  The board shall certify the question to the proper
 3    election authority, which must  submit  the  question  at  an
 4    election in accordance with the Election Code.

 5        Section  90.  The State Mandates Act is amended by adding
 6    Section 8.27 as follows:

 7        (30 ILCS 805/8.27 new)
 8        Sec. 8.27. Exempt mandate.   Notwithstanding  Sections  6
 9    and  8 of this Act, no reimbursement by the State is required
10    for  the  implementation  of  any  mandate  created  by  this
11    amendatory Act of the 93rd General Assembly.

12        Section 97.  Severability.  The provisions  of  this  Act
13    are severable under Section 1.31 of the Statute on Statutes.

14        Section  99.  Effective date.  This Act takes effect upon
15    becoming law.".