Full Text of SB3064 93rd General Assembly
SB3064 93RD GENERAL ASSEMBLY
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93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004 SB3064
Introduced 2/6/2004, by Lawrence M. Walsh SYNOPSIS AS INTRODUCED: |
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10 ILCS 5/7-9 |
from Ch. 46, par. 7-9 |
10 ILCS 5/22-1 |
from Ch. 46, par. 22-1 |
10 ILCS 5/22-7 |
from Ch. 46, par. 22-7 |
10 ILCS 5/22-8 |
from Ch. 46, par. 22-8 |
10 ILCS 5/22-17 |
from Ch. 46, par. 22-17 |
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Amends the Election Code. Changes the date of political party county conventions from the second Monday after the general primary election to the 29th day after that primary election. Changes the canvassing period for county canvassing boards to 21 days (now, 7) after an election. Changes the canvassing period for other canvassing boards to 31 days after an election (now, 20 days for the State Board of Elections and 7 for all others). Effective immediately.
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A BILL FOR
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SB3064 |
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LRB093 20753 JAM 46645 b |
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| AN ACT concerning elections.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Election Code is amended by changing | 5 |
| Sections 7-9, 22-1, 22-7, 22-8, and 22-17 as follows:
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| (10 ILCS 5/7-9) (from Ch. 46, par. 7-9)
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| Sec. 7-9. County central committee; county and State | 8 |
| conventions.
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| (a) On the 29th day after
second Monday next succeeding the | 10 |
| primary at which
committeemen are elected, the county central | 11 |
| committee of each political
party shall meet at the county seat | 12 |
| of the proper county and proceed to
organize by electing from | 13 |
| its own number a chairman and either from its
own number, or | 14 |
| otherwise, such other officers as such committee may deem
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| necessary or expedient. Such meeting of the county central | 16 |
| committee
shall be known as the county convention.
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| The chairman of each county committee shall within 10 days | 18 |
| after the
organization, forward to the State Board of | 19 |
| Elections, the names and
post office addresses of the officers, | 20 |
| precinct committeemen and
representative committeemen elected | 21 |
| by his political party.
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| The county convention of each political party shall choose | 23 |
| delegates
to the State convention of its party; but in any | 24 |
| county having within
its limits any city having a population of | 25 |
| 200,000, or over the
delegates from such city shall be chosen | 26 |
| by wards, the ward committeemen
from the respective wards | 27 |
| choosing the number of delegates to which such
ward is entitled | 28 |
| on the basis prescribed in paragraph (e) of this
Section such | 29 |
| delegates to be members of the delegation to the State
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| convention from such county. In all counties containing a | 31 |
| population of
2,000,000 or more outside of cities having a | 32 |
| population of 200,000 or
more, the delegates from each of the |
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| townships or parts of townships as
the case may be shall be | 2 |
| chosen by townships or parts of townships as
the case may be, | 3 |
| the township committeemen from the respective townships
or | 4 |
| parts of townships as the case may be choosing the number of
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| delegates to which such townships or parts of townships as the | 6 |
| case may
be are entitled, on the basis prescribed in paragraph | 7 |
| (e) of this
Section such delegates to be members of the | 8 |
| delegation to the State
convention from such county.
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| Each member of the State Central Committee of a political | 10 |
| party which
elects its members by Alternative B under paragraph | 11 |
| (a) of Section 7-8
shall be a delegate to the State Convention, | 12 |
| ex officio.
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| Each member of the State Central Committee of a political | 14 |
| party which
elects its members by Alternative B under paragraph | 15 |
| (a) of Section 7-8 may
appoint 2 delegates to the State | 16 |
| Convention who must be residents of the
member's Congressional | 17 |
| District.
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| (b) State conventions shall be held within 180 days after | 19 |
| the
general primary in the year 2000 and every 4 years | 20 |
| thereafter. In the year 1998, and every 4 years thereafter,
the | 21 |
| chairman of a State central committee may issue a call for a | 22 |
| State
convention within 180 days after the general primary.
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| The State
convention of each political party has power to | 24 |
| make
nominations of candidates of its political party for the | 25 |
| electors of
President and Vice President of the United States, | 26 |
| and to adopt any party
platform, and, to the
extent determined | 27 |
| by the State central committee as provided in Section
7-14, to | 28 |
| choose and select delegates and alternate delegates at large to
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| national nominating conventions. The State Central Committee | 30 |
| may adopt
rules to provide for and govern the procedures of the | 31 |
| State convention.
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| (c) The chairman and secretary of each State convention | 33 |
| shall,
within 2 days thereafter, transmit to the State Board of | 34 |
| Elections of
this State a certificate setting forth the names | 35 |
| and addresses of all
persons nominated by such State convention | 36 |
| for electors of President and
Vice President of the United |
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| States, and of any persons selected by the State
convention for
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| delegates and alternate delegates at large to national | 3 |
| nominating
conventions; and the names of such candidates so | 4 |
| chosen by such State
convention for electors of President and | 5 |
| Vice President of the United
States, shall be caused by
the | 6 |
| State Board of Elections to be printed upon the official ballot | 7 |
| at
the general election, in the manner required by law, and | 8 |
| shall be
certified to the various county clerks of the proper | 9 |
| counties in the
manner as provided in Section 7-60 of this | 10 |
| Article 7 for the certifying
of the names of persons nominated | 11 |
| by any party for State offices. If and
as long as this Act | 12 |
| prescribes that the names of such electors be not
printed on | 13 |
| the ballot, then the names of such electors shall be
certified | 14 |
| in such manner as may be prescribed by the parts of this Act
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| applicable thereto.
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| (d) Each convention may perform all other functions | 17 |
| inherent to such
political organization and not inconsistent | 18 |
| with this Article.
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| (e) At least 33 days before the date of a State convention, | 20 |
| the chairman of the State central committee of each political
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| party shall file in the principal office of the State Board of
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| Elections a call for the State convention. Such call shall | 23 |
| state, among
other things, the time and place (designating the | 24 |
| building or hall) for
holding the State convention. Such call | 25 |
| shall be signed by the chairman
and attested by the secretary | 26 |
| of the committee. In such convention each
county shall be | 27 |
| entitled to one delegate for each 500 ballots voted by
the | 28 |
| primary electors of the party in such county at the primary to | 29 |
| be
held next after the issuance of such call; and if in such | 30 |
| county, less
than 500 ballots are so voted or if the number of | 31 |
| ballots so voted is
not exactly a multiple of 500, there shall | 32 |
| be one delegate for such
group which is less than 500, or for | 33 |
| such group representing the number
of votes over the multiple | 34 |
| of 500, which delegate shall have 1/500 of
one vote for each | 35 |
| primary vote so represented by him. The call for such
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| convention shall set forth this paragraph (e) of Section 7-9 in |
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| full and
shall direct that the number of delegates to be chosen | 2 |
| be calculated in
compliance herewith and that such number of | 3 |
| delegates be chosen.
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| (f) All precinct, township and ward committeemen when | 5 |
| elected as
provided in this Section shall serve as though | 6 |
| elected at large
irrespective of any changes that may be made | 7 |
| in precinct, township or
ward boundaries and the voting | 8 |
| strength of each committeeman shall
remain as provided in this | 9 |
| Section for the entire time for which he is
elected.
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| (g) The officers elected at any convention provided for in | 11 |
| this
Section shall serve until their successors are elected as | 12 |
| provided in
this Act.
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| (h) A special meeting of any central committee may be | 14 |
| called by the
chairman, or by not less than 25% of the members | 15 |
| of such committee, by
giving 5 days notice to members of such | 16 |
| committee in writing designating
the time and place at which | 17 |
| such special meeting is to be held and the
business which it is | 18 |
| proposed to present at such special meeting.
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| (i) Except as otherwise provided in this Act, whenever a | 20 |
| vacancy
exists in the office of precinct committeeman because | 21 |
| no one was elected
to that office or because the precinct | 22 |
| committeeman ceases to reside in
the precinct or for any other | 23 |
| reason, the chairman of the county
central committee of the | 24 |
| appropriate political party may fill the
vacancy in such office | 25 |
| by appointment of a qualified resident of the
county and the | 26 |
| appointed precinct committeeman shall serve as though
elected; | 27 |
| however, no such appointment may be made between the general
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| primary election and the 14th day after the general primary | 29 |
| election.
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| (j) If the number of Congressional Districts in the State | 31 |
| of Illinois
is reduced as a result of reapportionment of | 32 |
| Congressional Districts
following a federal decennial census, | 33 |
| the State Central Committeemen and
Committeewomen of a | 34 |
| political
party which elects its State Central
Committee by | 35 |
| either Alternative A or by Alternative B under paragraph (a)
of | 36 |
| Section 7-8 who were
previously elected shall continue to serve |
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| as if no reapportionment had
occurred until the expiration of | 2 |
| their terms.
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| (Source: P.A. 89-5, eff. 1-1-96; 90-627, eff. 7-10-98.)
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| (10 ILCS 5/22-1) (from Ch. 46, par. 22-1)
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| Sec. 22-1. Abstracts of votes. Within 21
7 days after the | 6 |
| close of the
election at which candidates for offices | 7 |
| hereinafter named in this Section are
voted upon, the county | 8 |
| clerks of the respective counties, with the assistance
of the | 9 |
| chairmen of the county central committees of the Republican and
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| Democratic parties of the county, shall open the returns and | 11 |
| make abstracts of
the votes on a separate sheet for each of the | 12 |
| following:
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| A. For Governor and Lieutenant Governor;
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| B. For State officers;
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| C. For presidential electors;
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| D. For United States Senators and Representatives to | 17 |
| Congress;
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| E. For judges of the Supreme Court;
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| F. For judges of the Appellate Court;
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| G. For judges of the circuit court;
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| H. For Senators and Representatives to the General | 22 |
| Assembly;
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| I. For State's Attorneys elected from 2 or more counties;
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| J. For amendments to the Constitution, and for other | 25 |
| propositions
submitted to the electors of the entire State;
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| K. For county officers and for propositions submitted to | 27 |
| the
electors of the county only;
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| L. For Regional Superintendent of Schools;
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| M. For trustees of Sanitary Districts; and
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| N. For Trustee of a Regional Board of School Trustees.
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| Multiple originals of each of the sheets shall be prepared | 32 |
| and one of
each shall be turned over to the chairman of the | 33 |
| county central
committee of each of the then existing | 34 |
| established political parties, as
defined in Section 10-2, or | 35 |
| his duly authorized representative
immediately after the |
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| completion of the entries on the sheets and before
the totals | 2 |
| have been compiled.
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| The foregoing abstracts shall be preserved by the county | 4 |
| clerk in his office.
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| Whenever any county chairman is also county clerk or | 6 |
| whenever any
county chairman is unable to serve as a member of | 7 |
| such canvassing board
the vice-chairman or secretary of his | 8 |
| county central committee, in that
order, shall serve in his | 9 |
| place as member of such canvassing board;
provided, that if | 10 |
| none of these persons is able to serve, the county
chairman may | 11 |
| appoint a member of his county central committee to serve
as a | 12 |
| member of such canvassing board.
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| The powers and duties of the county canvassing board are | 14 |
| limited to
those specified in this Section. In no event shall | 15 |
| such canvassing board
open any package in which the ballots | 16 |
| have been wrapped or any envelope
containing "defective" or | 17 |
| "objected to" ballots, or in any manner
undertake to examine | 18 |
| the ballots used in the election, except as
provided in Section | 19 |
| 22-9.1 or when directed by a court in an election
contest. Nor | 20 |
| shall such canvassing board call in the precinct judges of
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| election or any other persons to open or recount the ballots.
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| (Source: P.A. 89-5, eff. 1-1-96.)
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| (10 ILCS 5/22-7) (from Ch. 46, par. 22-7)
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| Sec. 22-7. Canvass of votes; declaration and proclamation | 25 |
| of result. The State Board of Elections, shall proceed within | 26 |
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20 days after the election,
and sooner if all the returns | 27 |
| are received, to canvass the votes given
for United States | 28 |
| Senators and Representatives to Congress, State
executive | 29 |
| officers, judges of the Supreme Court, judges of the Appellate
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| Court, judges of the Circuit Court, Senators, Representatives | 31 |
| to the
General Assembly, State's Attorneys and Regional | 32 |
| Superintendents of Schools
elected from 2 or more counties, | 33 |
| respectively, and the persons
having the highest number of | 34 |
| votes for the respective offices shall be
declared duly | 35 |
| elected, but if it appears that more than the number of
persons |
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| to be elected have the highest and an equal number of votes for
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| the same office, the electoral board shall decide by lot which | 3 |
| of such
persons shall be elected; and to each person duly | 4 |
| elected, the Governor
shall give a certificate of election or | 5 |
| commission, as the case may
require, and shall cause | 6 |
| proclamation to be made of the result of the
canvass, and they | 7 |
| shall at the same time and in the same manner, canvass
the vote | 8 |
| cast upon amendments to the Constitution, and upon other
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| propositions submitted to the electors of the entire State; and | 10 |
| the
Governor shall cause to be made such proclamation of the | 11 |
| result of the
canvass as the statutes elsewhere provide. The | 12 |
| State Board of Elections
shall transmit to the State | 13 |
| Comptroller a list of the persons elected to
the various | 14 |
| offices. The State Board of Elections shall also transmit to
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| the Supreme Court the names of persons elected to judgeships in
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| adversary elections and the names of judges who fail to win | 17 |
| retention in
office.
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| (Source: P.A. 89-5, eff. 1-1-96.)
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| (10 ILCS 5/22-8) (from Ch. 46, par. 22-8)
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| Sec. 22-8. In municipalities operating under Article 6 of | 21 |
| this Act,
within 21
7 days after the close of such election, a | 22 |
| judge of the circuit
court, with the assistance of the city | 23 |
| attorney and the board of election
commissioners, who are | 24 |
| hereby declared a canvassing board for such city,
shall open | 25 |
| all returns left respectively, with the election | 26 |
| commissioners,
the county clerk, and city comptroller, and | 27 |
| shall make abstracts or
statements of the votes in the | 28 |
| following manner, as the case may require,
viz: All votes for | 29 |
| Governor and Lieutenant Governor on one sheet; all votes
for | 30 |
| other State officers on another sheet; all votes for | 31 |
| presidential
electors on another sheet; all votes for United | 32 |
| States Senators and
Representatives to Congress on another | 33 |
| sheet; all votes for judges of the
Supreme Court on another | 34 |
| sheet; all votes for judges of the Appellate Court
on another | 35 |
| sheet; all votes for Judges of the Circuit Court on another
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| sheet; all votes for Senators and Representatives to the | 2 |
| General Assembly
on another sheet; all votes for State's | 3 |
| Attorneys where elected from 2 or
more counties on another | 4 |
| sheet; all votes for County Officers on another
sheet; all | 5 |
| votes for City Officers on another sheet; all votes for Town
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| Officers on another sheet; and all votes for any other office | 7 |
| on a separate
and appropriate sheet; all votes for any | 8 |
| proposition, which may be
submitted to a vote of the people, on | 9 |
| another sheet, and all votes against
any proposition, submitted | 10 |
| to a vote of the people, on another sheet.
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| Multiple originals of each of the sheets shall be prepared | 12 |
| and one of
each shall be turned over to the chairman of the | 13 |
| county central committee
of each of the then existing | 14 |
| established political parties, as defined in
Section 10-2, or | 15 |
| his duly authorized representative immediately after the
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| completion of the entries on the sheets and before the totals | 17 |
| have been
compiled.
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| (Source: P.A. 77-2626.)
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| (10 ILCS 5/22-17) (from Ch. 46, par. 22-17)
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| Sec. 22-17. (a) Except as provided in subsection (b),
the | 21 |
| canvass of votes cast at the consolidated primary
nonpartisan | 22 |
| and consolidated elections
shall be conducted by the following | 23 |
| canvassing boards within 31
7 days
after the close of such | 24 |
| elections:
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| 1. For city offices, by the mayor, the city attorney | 26 |
| and the city
clerk.
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| 2. For village and incorporated town offices, by the | 28 |
| president of
the board of trustees, one member of the board | 29 |
| of trustees, and the
village or incorporated town clerk.
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| 3. For township offices, by the township supervisor, | 31 |
| the eligible town
trustee elected in the township who has | 32 |
| the longest term of continuous
service as town trustee, and | 33 |
| the township clerk.
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| 4. For road district offices, by the highway | 35 |
| commissioner and the
road district clerk.
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| 5. For school district or community college district | 2 |
| offices, by the
school or community college district board.
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| 6. For special district elected offices, by the board | 4 |
| of the special
district.
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| 7. For multi-county educational service region | 6 |
| offices, by the
regional board of school trustees.
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| 8. For township trustee of schools or land | 8 |
| commissioner, by the
township trustees of schools or land | 9 |
| commissioners.
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| 9. For park district offices, by the president of the | 11 |
| park board, one
member of the board of park commissioners | 12 |
| and the secretary of the park
district.
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| 10. For multi-township assessment districts, by the | 14 |
| chairman,
clerk, and assessor of the multi-township | 15 |
| assessment district.
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| (b) The city canvassing board provided in Section 22-8 | 17 |
| shall canvass
the votes cast at the nonpartisan and | 18 |
| consolidated elections for offices
of any political | 19 |
| subdivision entirely within the jurisdiction of a
municipal | 20 |
| board of election commissioners.
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| (c) The canvass of votes cast upon any public questions | 22 |
| submitted to
the voters of any political subdivision, or any | 23 |
| precinct or combination of
precincts within a political | 24 |
| subdivision, at any regular election or at
any emergency | 25 |
| referendum election, including votes cast by voters
outside of | 26 |
| the political subdivision where the question is for
annexation | 27 |
| thereto, shall be canvassed by the same board provided for in
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| this Section for the canvass of votes of the officers of such | 29 |
| political
subdivision. However, referenda conducted throughout | 30 |
| a county and
referenda of sanitary districts whose officers are | 31 |
| elected at general
elections shall be canvassed by the county | 32 |
| canvassing board. The votes
cast on a public question for the | 33 |
| formation of a political subdivision
shall be canvassed by the | 34 |
| circuit court that ordered the question
submitted, or by such | 35 |
| officers of the court as may be appointed for such
purpose, | 36 |
| except where in the formation or reorganization of a school
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| district or districts the regional superintendent of schools is
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| designated by law as the canvassing official.
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| (d) The canvass of votes for offices of political | 4 |
| subdivisions cast
at special elections to fill vacancies held | 5 |
| on the day of any regular
election shall be conducted by the | 6 |
| canvassing board which is responsible
for canvassing the votes | 7 |
| at the regularly scheduled election for such office.
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| (Source: P.A. 87-738; 87-1052.)
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| Section 99. Effective date. This Act takes effect upon | 10 |
| becoming law.
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