Full Text of HB1113 96th General Assembly
HB1113 96TH GENERAL ASSEMBLY
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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 HB1113
Introduced 2/11/2009, by Rep. Mike Boland SYNOPSIS AS INTRODUCED: |
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Amends the Election Code. Provides for the use of mail-in ballots for the
general primary held in 2010 in a county selected by the State Board of
Elections.
Provides that
the election authority shall mail ballots to each registered voter not more
than 40
nor less than 5 days before the date of the election. Establishes procedures
for the return of the ballots. Provides for the delivery of ballots to the
judges of election. Provides for the casting of mail-in ballots. Provides
that
the State Board of Elections shall adopt rules and procedures for the
implementation of the use of mail-in ballots within 270 days after the
effective
date
of the bill. Requires the State Board to report to the General
Assembly on the problems and successes of conducting the election by mail.
Contains other provisions.
Amends the State Mandates Act to require implementation without reimbursement.
Effective immediately.
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A BILL FOR
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HB1113 |
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LRB096 03956 JAM 13991 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 4-11, 7-5, 7-15,
7-16, 13-1, 13-2, 14-1, 14-3.1, | 6 |
| 24A-6, and 24B-6 and
adding the Article 19B heading and | 7 |
| Sections 19B-5, 19B-10, 19B-15, 19B-20, 19B-25, 19B-30, | 8 |
| 19B-35, 19B-40, 19B-45, 19B-50, 19B-55, and 19B-60 as
follows:
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| (10 ILCS 5/4-11) (from Ch. 46, par. 4-11)
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| Sec. 4-11. At least 2 weeks
prior to the general November | 11 |
| election in
each even numbered year and the consolidated | 12 |
| election in
each odd-numbered
year the county clerk shall cause | 13 |
| a list to be made for each precinct of
all names upon the | 14 |
| registration record cards not marked or erased, in
alphabetical
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| order, with the address, provided, that such list may be | 16 |
| arranged
geographically,
by street and number, in numerical | 17 |
| order, with respect to all precincts
in which all, or | 18 |
| substantially all residences of voters therein shall be
located | 19 |
| upon and numbered along streets, avenues, courts, or other | 20 |
| highways
which are either named or numbered, upon direction | 21 |
| either of the county
board or of the circuit court. On the | 22 |
| list, the county clerk shall indicate,
by italics, asterisk, or | 23 |
| other means, the names of all persons who have
registered since |
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| the last regularly scheduled election in the consolidated
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| schedule of elections established in Section 2A-1.1 of this | 3 |
| Act. The county
clerk shall cause such precinct lists to be | 4 |
| printed
or typed in sufficient numbers to meet all reasonable | 5 |
| demands, and
upon application a copy of the same shall be given | 6 |
| to any person applying
therefor. By such time, the county clerk | 7 |
| shall give the precinct lists
to the chairman of a county | 8 |
| central committee of an established political
party, as such | 9 |
| party is defined in Section 10-2 of this Act, or to the | 10 |
| chairman's
duly authorized representative. Within 30 days of | 11 |
| the effective date of
this Amendatory Act of 1983, the county | 12 |
| clerk shall give the precinct lists
compiled prior to the | 13 |
| general November election of 1982 to the chairman
of county | 14 |
| central committee of an established political party or to the
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| chairman's duly authorized representative.
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| Subject to the provisions of Article 19B, prior to the | 17 |
| opening of the
polls for other elections, the county clerk
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| shall transmit or deliver to the judges of election of each | 19 |
| polling place
a corrected list of registered voters in the | 20 |
| precinct, or the names of persons
added to and erased or | 21 |
| withdrawn from the list for such precinct. At other
times such | 22 |
| list, currently corrected, shall be kept available for public
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| inspection in the office of the county clerk.
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| Within 60 days after each general election the county
clerk | 25 |
| shall indicate by italics, asterisk, or other means, on the | 26 |
| list of
registered voters in each precinct, each registrant who |
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| voted at that general
election, and shall provide a copy of | 2 |
| such list to the chairman of the county
central committee of | 3 |
| each established political party or to the chairman's
duly | 4 |
| authorized representative.
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| Within 60 days after the effective date of this amendatory | 6 |
| Act of 1983, the
county clerk shall indicate by italics, | 7 |
| asterisk, or other means, on the
list of registered voters in | 8 |
| each precinct, each registrant who voted at
the general | 9 |
| election of 1982, and shall provide a copy of such coded list
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| to the chairman
of the county central committee of each | 11 |
| established political party or to
the chairman's duly | 12 |
| authorized representative.
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| The county clerk may charge a fee to reimburse the actual
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| cost of duplicating
each copy of a list provided under either | 15 |
| of the 2 preceding paragraphs.
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| (Source: P.A. 90-358, eff. 1-1-98.)
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| (10 ILCS 5/7-5) (from Ch. 46, par. 7-5)
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| Sec. 7-5. (a) Primary elections shall be held on the dates | 19 |
| prescribed in
Article 2A.
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| (b) Notwithstanding the provisions of any other statute, no | 21 |
| primary
shall be held for an established political party in any | 22 |
| township,
municipality, or ward thereof, where the nomination | 23 |
| of such
party for every office to be voted upon by the electors | 24 |
| of such
township, municipality, or ward thereof, is | 25 |
| uncontested. Whenever a
political party's nomination of |
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| candidates is uncontested as to one or
more, but not all, of | 2 |
| the offices to be voted upon by the electors of a
township, | 3 |
| municipality, or ward thereof, then a primary shall
be held for | 4 |
| that party in such township, municipality, or ward thereof;
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| provided that the primary ballot shall not include those | 6 |
| offices
within such township, municipality, or ward thereof, | 7 |
| for which the
nomination is uncontested. For purposes of this | 8 |
| Article, the nomination of
an established political party of a | 9 |
| candidate for election to an office shall
be deemed to be | 10 |
| uncontested where not more than the number of persons to be
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| nominated have timely filed valid nomination papers seeking the | 12 |
| nomination
of such party for election to such office.
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| (c) Notwithstanding the provisions of any other statute, no | 14 |
| primary
election shall be held for an established political | 15 |
| party for any special
primary election called for the purpose | 16 |
| of filling a vacancy in the office
of representative in the | 17 |
| United States Congress where the nomination of
such political | 18 |
| party for said office is uncontested. For the purposes of
this | 19 |
| Article, the nomination of an established political party of a
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| candidate for election to said office shall be deemed to be | 21 |
| uncontested
where not more than the number of persons to be | 22 |
| nominated have timely filed
valid nomination papers seeking the | 23 |
| nomination of such established party
for election to said | 24 |
| office. This subsection (c) shall not apply if such
primary | 25 |
| election is conducted on a regularly scheduled election day.
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| (d) Notwithstanding the provisions in subsection (b) and |
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| (c) of this
Section whenever a person who has not timely filed | 2 |
| valid nomination papers
and who intends to become a write-in | 3 |
| candidate for a political party's
nomination for any office for | 4 |
| which the nomination is uncontested files a
written statement | 5 |
| or notice of that intent with the State Board of
Elections or | 6 |
| the local election official with whom nomination papers for
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| such office are filed, a primary ballot shall be prepared and a | 8 |
| primary
shall be held for that office. Such statement or notice | 9 |
| shall be filed on
or before the date established in this | 10 |
| Article for certifying candidates
for the primary ballot. Such | 11 |
| statement or notice shall contain (i) the
name and address of | 12 |
| the person intending to become a write-in candidate,
(ii) a | 13 |
| statement that the person is a qualified primary elector of the
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| political party from whom the nomination is sought, (iii) a | 15 |
| statement that
the person intends to become a write-in | 16 |
| candidate for the party's
nomination, and (iv) the office the | 17 |
| person is seeking as a write-in
candidate. An election | 18 |
| authority shall have no duty to conduct a primary
and prepare a | 19 |
| primary ballot for any office for which the nomination is
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| uncontested, unless a statement or notice meeting the | 21 |
| requirements of this
Section is filed in a timely manner.
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| (e) Except for the general primary election conducted under | 23 |
| Article 19B,
the polls shall be open from 6:00 a.m. to 7:00 | 24 |
| p.m. The State Board of
Elections shall adopt rules for the | 25 |
| conduct of the election under Article
19B.
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| (Source: P.A. 86-873.)
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| (10 ILCS 5/7-15) (from Ch. 46, par. 7-15) | 2 |
| Sec. 7-15. At least 60 days prior to each general and | 3 |
| consolidated primary,
the election authority shall provide | 4 |
| public notice, calculated to reach
elderly and handicapped | 5 |
| voters, of the availability of registration and
voting aids | 6 |
| under the Federal Voting Accessibility for the Elderly and
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| Handicapped Act, of the availability of assistance in marking | 8 |
| the ballot,
procedures for voting by absentee ballot, and | 9 |
| procedures for early
voting
by personal appearance.
At least 20 | 10 |
| days before the general primary the county
clerk of each | 11 |
| county, and not more than 30 nor less than 10 days before
the | 12 |
| consolidated primary the election authority, shall prepare in | 13 |
| the
manner provided in this Act, a notice of such primary which | 14 |
| notice shall
state the time and place of holding the primary, | 15 |
| the procedures for using mail-in ballots in the
election | 16 |
| subject to Article 19B, the hours during which
the polls will | 17 |
| be open, the offices for which candidates will be
nominated at | 18 |
| such primary and the political parties entitled to
participate | 19 |
| therein, notwithstanding that no candidate of any such
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| political party may be entitled to have his name printed on the | 21 |
| primary
ballot. Such notice shall also include the list of | 22 |
| addresses of
precinct polling places for the consolidated | 23 |
| primary unless such list is
separately published by the | 24 |
| election authority not less than 10 days
before the | 25 |
| consolidated primary.
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| In counties, municipalities, or towns having fewer than | 2 |
| 500,000
inhabitants notice of the general primary shall be | 3 |
| published once in two
or more newspapers published in the | 4 |
| county, municipality or town, as the
case may be, or if there | 5 |
| is no such newspaper, then in any two or more
newspapers | 6 |
| published in the county and having a general circulation
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| throughout the community.
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| In counties, municipalities, or towns having 500,000 or | 9 |
| more
inhabitants notice of the general primary shall be | 10 |
| published at least 15
days prior to the primary by the same | 11 |
| authorities and in the same manner
as notice of election for | 12 |
| general elections are required to be published
in counties, | 13 |
| municipalities or towns of 500,000 or more inhabitants
under | 14 |
| this Act.
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| Notice of the consolidated primary shall be published once | 16 |
| in one or
more newspapers published in each political | 17 |
| subdivision having such
primary, and if there is no such | 18 |
| newspaper, then published once in a
local, community newspaper | 19 |
| having general circulation in the
subdivision, and also once in | 20 |
| a newspaper published in the county
wherein the political | 21 |
| subdivisions, or portions thereof, having such
primary are | 22 |
| situated.
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| (Source: P.A. 94-645, eff. 8-22-05.)
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| (10 ILCS 5/7-16) (from Ch. 46, par. 7-16)
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| Sec. 7-16. Each election authority in each county
shall |
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| prepare and cause to be printed the primary ballot of each
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| political party for each precinct in his respective | 3 |
| jurisdiction.
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| The election authority shall, at least 45 days prior to the | 5 |
| date of the primary
election, have a sufficient number of | 6 |
| ballots printed so that such
ballots will be available for | 7 |
| mailing 45 days prior to the
primary election to persons who | 8 |
| have filed application for a ballot
under the provisions of | 9 |
| Article 20 of this Act.
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| If a general primary election is subject to the provisions | 11 |
| of Article 19B,
the election authority shall, not more than 40 | 12 |
| nor less than 5 days before the
date of the election, mail a | 13 |
| ballot to each registered voter.
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| (Source: P.A. 80-1469.)
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| (10 ILCS 5/13-1) (from Ch. 46, par. 13-1)
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| Sec. 13-1. In counties not under township organization, the | 17 |
| county
board of commissioners shall at its meeting in July
in | 18 |
| each
even-numbered year appoint in each election precinct 5 | 19 |
| capable and
discreet persons meeting the qualifications of | 20 |
| Section 13-4 to
be judges of election. Where neither voting | 21 |
| machines nor electronic,
mechanical or electric voting systems | 22 |
| are used, the county board may,
for any precinct with respect | 23 |
| to which the board considers such action
necessary or desirable | 24 |
| in view of the number of voters, and shall for
general | 25 |
| elections for any precinct containing more than 600 registered
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| voters, appoint in addition to the 5 judges of election a team | 2 |
| of 5
tally judges. In such precincts the judges of election | 3 |
| shall preside
over the election during the hours the polls are | 4 |
| open, and the tally
judges, with the assistance of the holdover | 5 |
| judges designated pursuant
to Section 13-6.2, shall count the | 6 |
| vote after the closing of the polls.
However, the County Board | 7 |
| of Commissioners may appoint 3 judges of election
to serve in | 8 |
| lieu of the 5 judges of election otherwise required by this
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| Section to serve in any emergency referendum, or in any | 10 |
| odd-year regular
election or in any special primary or special | 11 |
| election called
for the purpose of filling a vacancy in the | 12 |
| office of representative in
the United States Congress or to | 13 |
| nominate candidates for such purpose.
If a general primary | 14 |
| election is conducted under Article 19B, the County
Board of | 15 |
| Commissioners shall appoint a team of 5 tally judges to serve | 16 |
| in lieu
of the 5 judges of election otherwise required by this | 17 |
| Section. The tally judges shall possess the same qualifications | 18 |
| and shall be
appointed in the same manner and with the same | 19 |
| division between
political parties as is provided for judges of | 20 |
| election.
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| In addition to such precinct judges, the county board of
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| commissioners shall appoint special panels of 3 judges each, | 23 |
| who shall
possess the same qualifications and shall be | 24 |
| appointed in the same
manner and with the same division between | 25 |
| political parties as is
provided for other judges of election. | 26 |
| The number of such panels of
judges required shall be |
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| determined by regulations of the State Board of
Elections which | 2 |
| shall base the required numbers of special panels on the
number | 3 |
| of registered voters in the jurisdiction or the number of
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| absentee ballots voted at recent elections, or any combination | 5 |
| of such factors.
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| Such appointment shall be confirmed by the court as | 7 |
| provided in
Section 13-3 of this Article. No more than 3 | 8 |
| persons of the same
political party shall be appointed judges | 9 |
| of the same election precinct
or election judge panel. The | 10 |
| appointment shall be made in the following
manner: The county | 11 |
| board of commissioners shall select and approve 3
persons as | 12 |
| judges of election in each election precinct from a certified
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| list, furnished by the chairman of the County Central Committee | 14 |
| of the
first leading political party in such precinct; and the | 15 |
| county board of
commissioners shall also select and approve 2 | 16 |
| persons as judges of
election in each election precinct from a | 17 |
| certified list, furnished by
the chairman of the County Central | 18 |
| Committee of the second leading
political party. However, if | 19 |
| only 3 judges of election serve in each
election precinct, no | 20 |
| more than 2 persons of the same political party shall
be judges | 21 |
| of election in the same election precinct; and which political
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| party is entitled to 2 judges of election and which political | 23 |
| party is
entitled to one judge of election shall be determined | 24 |
| in the same manner as
set forth in the next two preceding | 25 |
| sentences with regard to 5 election
judges in each precinct. | 26 |
| Such certified list shall be filed with the county
clerk not |
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| less than 10 days before the annual meeting of the county
board | 2 |
| of commissioners. Such list shall be arranged according to
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| precincts. The chairman of each county central committee shall, | 4 |
| insofar
as possible, list persons who reside within the | 5 |
| precinct in which they
are to serve as judges. However, he may, | 6 |
| in his sole discretion, submit
the names of persons who reside | 7 |
| outside the precinct but within the
county embracing the | 8 |
| precinct in which they are to serve. He must,
however, submit | 9 |
| the names of at least 2 residents of the precinct for
each | 10 |
| precinct in which his party is to have 3 judges and must submit | 11 |
| the
name of at least one resident of the precinct for each | 12 |
| precinct in which
his party is to have 2 judges. The county | 13 |
| board of commissioners shall
acknowledge in writing to each | 14 |
| county chairman the names of all persons
submitted on such | 15 |
| certified list and the total number of persons listed
thereon. | 16 |
| If no such list is filed or such list is incomplete (that is,
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| no names or an insufficient number of names are furnished for | 18 |
| certain
election precincts), the county board of commissioners | 19 |
| shall make or
complete such list from the names contained in | 20 |
| the supplemental list
provided for in Section 13-1.1. The | 21 |
| election judges shall hold their
office for 2 years from their | 22 |
| appointment, and until their successors
are duly appointed in | 23 |
| the manner provided in this Act. The county board
of | 24 |
| commissioners shall fill all vacancies in the office of judge | 25 |
| of
election at any time in the manner provided in this Act.
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| (Source: P.A. 94-1000, eff. 7-3-06.)
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| (10 ILCS 5/13-2) (from Ch. 46, par. 13-2)
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| Sec. 13-2. In counties under the township organization the | 3 |
| county
board shall at its meeting in July in each even-numbered | 4 |
| year
except in counties containing a population of 3,000,000 | 5 |
| inhabitants or
over and except when such judges are appointed | 6 |
| by election
commissioners, select in each election precinct in | 7 |
| the county, 5 capable
and discreet persons to be judges of | 8 |
| election who shall
possess the
qualifications required by this | 9 |
| Act for such judges. Where neither
voting machines nor | 10 |
| electronic, mechanical or electric voting systems
are used, the | 11 |
| county board may, for any precinct with respect to which
the | 12 |
| board considers such action necessary or desirable in view of | 13 |
| the
number of voters, and shall for general elections for any | 14 |
| precinct
containing more than 600 registered voters, appoint in | 15 |
| addition to the 5
judges of election a team of 5 tally judges. | 16 |
| In such precincts the
judges of election shall preside over the | 17 |
| election during the hours the
polls are open, and the tally | 18 |
| judges, with the assistance of the
holdover judges designated | 19 |
| pursuant to Section 13-6.2, shall count the
vote after the | 20 |
| closing of the polls. The tally judges shall possess the
same | 21 |
| qualifications and shall be appointed in the same manner and | 22 |
| with
the same division between political parties as is provided | 23 |
| for judges of
election.
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| However, the county board may appoint 3 judges of election | 25 |
| to serve in
lieu of the 5 judges of election otherwise required |
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| by this Section to serve
in any emergency referendum, or in any | 2 |
| odd-year regular election
or in any special primary or special | 3 |
| election called for the purpose of
filling a vacancy in the | 4 |
| office of representative in the United States Congress
or to | 5 |
| nominate candidates for such purpose.
| 6 |
| If a general primary election is conducted under Article | 7 |
| 19B, the county
board shall appoint a team of 5 tally judges to | 8 |
| serve in lieu of the 5 judges
of election otherwise required by | 9 |
| this Section.
| 10 |
| In addition to such precinct judges, the county board shall | 11 |
| appoint
special panels of 3 judges each, who shall possess the | 12 |
| same
qualifications and shall be appointed in the same manner | 13 |
| and with the
same division between political parties as is | 14 |
| provided for other judges
of election. The number of such | 15 |
| panels of judges required shall be
determined by regulations of | 16 |
| the State Board of Elections, which shall
base the required | 17 |
| number of special panels on the number of registered
voters in | 18 |
| the jurisdiction or the number of absentee ballots voted at
| 19 |
| recent elections or any combination of such factors.
| 20 |
| No more than 3 persons of the same political party shall be | 21 |
| appointed
judges in the same election district or undivided | 22 |
| precinct. The election
of the judges of election in the various | 23 |
| election precincts shall be
made in the following manner: The | 24 |
| county board shall
select and approve 3 of the election judges | 25 |
| in each precinct from a
certified list furnished by the | 26 |
| chairman of the County Central Committee
of the first leading |
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| political party in such election precinct and shall also
select | 2 |
| and approve 2 judges of election in each election precinct from | 3 |
| a
certified list furnished by the chairman of the County | 4 |
| Central Committee
of the second leading political party in such | 5 |
| election precinct. However,
if only 3 judges of election serve | 6 |
| in each election precinct, no more than 2
persons of the same | 7 |
| political party shall be judges of election in the same
| 8 |
| election precinct; and which political party is entitled to 2 | 9 |
| judges of
election and which political party is entitled to one | 10 |
| judge of election shall
be determined in the same manner as set | 11 |
| forth in the next two preceding
sentences with regard to 5 | 12 |
| election judges in each precinct. The respective
County Central | 13 |
| Committee chairman shall notify the county board by June 1 of
| 14 |
| each odd-numbered year immediately preceding the annual | 15 |
| meeting of the county
board whether or not such certified list | 16 |
| will be filed by such chairman. Such
list shall be arranged | 17 |
| according to precincts. The chairman of each county
central | 18 |
| committee shall, insofar as possible, list persons who reside | 19 |
| within
the precinct in which they are to serve as judges. | 20 |
| However, he may, in his sole
discretion, submit the names of | 21 |
| persons who reside outside the precinct but
within the county | 22 |
| embracing the precinct in which they are to serve. He must,
| 23 |
| however, submit the names of at least 2 residents of the | 24 |
| precinct for each
precinct in which his party is to have 3 | 25 |
| judges and must submit the name of at
least one resident of the | 26 |
| precinct for each precinct in which his party is to
have 2 |
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| judges. Such certified list, if filed, shall be filed with the | 2 |
| county
clerk not less than 20 days before the annual meeting of | 3 |
| the county board. The
county board shall acknowledge in writing | 4 |
| to each county chairman the names of
all persons submitted on | 5 |
| such certified list and the total number of persons
listed | 6 |
| thereon. If no such list is filed or the list is incomplete | 7 |
| (that is, no
names or an insufficient number of names are | 8 |
| furnished for certain election
precincts), the county board | 9 |
| shall make or complete such list from the names
contained in | 10 |
| the supplemental list provided for in Section 13-1.1. Provided,
| 11 |
| further, that in any case where a township has been or shall be | 12 |
| redistricted,
in whole or in part, subsequent to one general | 13 |
| election for Governor, and prior
to the next, the judges of | 14 |
| election to be selected for all new or altered
precincts shall | 15 |
| be selected in that one of the methods above detailed, which
| 16 |
| shall be applicable according to the facts and circumstances of | 17 |
| the particular
case, but the majority of such judges for each | 18 |
| such precinct shall be selected
from the first leading | 19 |
| political party, and the minority judges from the second
| 20 |
| leading political party. Provided, further, that in counties | 21 |
| having a
population of 1,000,000 inhabitants or over the | 22 |
| selection of judges of election
shall be made in the same | 23 |
| manner in all respects as in other counties, except
that the | 24 |
| provisions relating to tally judges are inapplicable to such | 25 |
| counties
and except that the county board shall meet during the | 26 |
| month of January for the
purpose of making such selection and |
|
|
|
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|
| 1 |
| the chairman of each county central
committee shall notify the | 2 |
| county board by the preceding October 1 whether or
not the | 3 |
| certified list will be filed. Such judges of election shall | 4 |
| hold their
office for 2 years from their appointment and until | 5 |
| their successors are duly
appointed in the manner provided in | 6 |
| this Act. The county board shall fill all
vacancies in the | 7 |
| office of judges of elections at any time in the manner herein
| 8 |
| provided.
| 9 |
| Such selections under this Section shall be confirmed by | 10 |
| the circuit
court as provided in Section 13-3 of this Article.
| 11 |
| (Source: P.A. 94-1000, eff. 7-3-06.)
| 12 |
| (10 ILCS 5/14-1) (from Ch. 46, par. 14-1)
| 13 |
| Sec. 14-1. (a) The board of election commissioners | 14 |
| established
or existing under Article 6 shall, at the time and | 15 |
| in the
manner provided in Section 14-3.1, select and choose 5 | 16 |
| persons,
men or women, as judges of election for each precinct | 17 |
| in such
city, village or incorporated town.
| 18 |
| Where neither voting machines nor electronic, mechanical | 19 |
| or
electric voting systems are used, the board of election
| 20 |
| commissioners may, for any precinct with respect to which the
| 21 |
| board considers such action necessary or desirable in view of
| 22 |
| the number of voters, and shall for general elections for any
| 23 |
| precinct containing more than 600 registered voters, appoint
in | 24 |
| addition to the 5 judges of election a team of 5 tally judges.
| 25 |
| In such precincts the judges of election shall preside over the
|
|
|
|
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|
| 1 |
| election during the hours the polls are open, and the tally
| 2 |
| judges, with the assistance of the holdover judges designated
| 3 |
| pursuant to Section
14-5.2, shall count the vote after the | 4 |
| closing of the polls.
The tally judges shall possess the same | 5 |
| qualifications and
shall be appointed in the same manner and | 6 |
| with the same division
between political parties as is provided | 7 |
| for judges of election.
The foregoing provisions relating to | 8 |
| the appointment of tally
judges are inapplicable in counties | 9 |
| with a population of
1,000,000 or more.
| 10 |
| If a general primary election is conducted under Article | 11 |
| 19B, the board of
election commissioners shall appoint a team | 12 |
| of 5 tally judges to serve in lieu
of the 5 judges of election | 13 |
| otherwise required by this Section.
| 14 |
| (b) To qualify as judges the persons must:
| 15 |
| (1) be citizens of the United States;
| 16 |
| (2) be of good repute and character and not subject to | 17 |
| the registration requirement of the Sex Offender | 18 |
| Registration Act;
| 19 |
| (3) be able to speak, read and write the English | 20 |
| language;
| 21 |
| (4) be skilled in the 4 fundamental rules of | 22 |
| arithmetic;
| 23 |
| (5) be of good understanding and capable;
| 24 |
| (6) not be candidates for any office at the election | 25 |
| and not
be elected committeemen;
| 26 |
| (7) reside and be entitled to vote in the precinct in |
|
|
|
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|
| 1 |
| which
they are selected to serve, except that in each | 2 |
| precinct not
more than one judge of each party may be | 3 |
| appointed from outside
such precinct. Any judge so | 4 |
| appointed to serve in any precinct
in which he is not | 5 |
| entitled to vote must be entitled to vote
elsewhere within | 6 |
| the county which encompasses the precinct in
which such | 7 |
| judge is appointed and such judge must otherwise
meet the | 8 |
| qualifications of this Section, except as provided in | 9 |
| subsection (c)
or (c-5).
| 10 |
| (c) An election authority may establish a program to permit | 11 |
| a person who
is not entitled to vote
to be appointed as an | 12 |
| election judge if, as of the date of the election at
which the | 13 |
| person serves as a judge, he or she:
| 14 |
| (1) is a U.S. citizen;
| 15 |
| (2) is a junior or senior in good standing enrolled in | 16 |
| a public or private secondary
school;
| 17 |
| (3) has a cumulative grade point average equivalent to | 18 |
| at least 3.0 on a
4.0 scale;
| 19 |
| (4) has the written approval of the principal of the | 20 |
| secondary school he
or she attends at the time of | 21 |
| appointment;
| 22 |
| (5) has the written approval of his or her parent or | 23 |
| legal guardian;
| 24 |
| (6) has satisfactorily completed the training course | 25 |
| for judges of
election
described in Sections 13-2.1, | 26 |
| 13-2.2, and 14-4.1; and
|
|
|
|
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LRB096 03956 JAM 13991 b |
|
| 1 |
| (7) meets all other qualifications for appointment and | 2 |
| service as an
election judge.
| 3 |
| No more than one election judge qualifying under this | 4 |
| subsection may serve
per political party per precinct.
Prior to | 5 |
| appointment, a judge qualifying under this subsection must | 6 |
| certify
in writing to the election authority the political | 7 |
| party the judge chooses to
affiliate with.
| 8 |
| Students appointed as election judges under this | 9 |
| subsection
shall not be counted as absent from school on the | 10 |
| day they serve as judges.
| 11 |
| (c-5) An election authority may establish a program to | 12 |
| permit a person who
is not entitled to vote in that precinct or | 13 |
| county to be appointed as an
election judge if, as of the date | 14 |
| of the election at which the person serves as
a judge, he or | 15 |
| she:
| 16 |
| (1) is a U.S. citizen;
| 17 |
| (2) is currently enrolled in a community college, as | 18 |
| defined in the Public Community College Act, or a public or | 19 |
| private Illinois university or
college;
| 20 |
| (3) has a cumulative grade point average equivalent to | 21 |
| at least 3.0 on a
4.0 scale;
| 22 |
| (4) has satisfactorily completed the training course | 23 |
| for judges of
election
described in Sections 13-2.1, | 24 |
| 13-2.2, and 14-4.1; and
| 25 |
| (5) meets all other qualifications for appointment and | 26 |
| service as an
election judge.
|
|
|
|
HB1113 |
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LRB096 03956 JAM 13991 b |
|
| 1 |
| No more than one election judge qualifying under this | 2 |
| subsection may serve
per political party per precinct.
Prior to | 3 |
| appointment, a judge qualifying under this subsection must | 4 |
| certify
in writing to the election authority the political | 5 |
| party the judge chooses to
affiliate with.
| 6 |
| Students appointed as election judges under this | 7 |
| subsection
shall not be counted as absent from school on the | 8 |
| day they serve as judges.
| 9 |
| (d) The board of election commissioners may select 2 | 10 |
| additional
judges of election, one from each of the major | 11 |
| political parties,
for each 200 voters in excess of 600 in any | 12 |
| precinct having more
than 600 voters as authorized
by Section | 13 |
| 11--3. These additional judges must meet the
qualifications | 14 |
| prescribed in this Section.
| 15 |
| (Source: P.A. 95-699, eff. 11-9-07; 95-818, eff. 1-1-09; | 16 |
| revised 9-5-08.)
| 17 |
| (10 ILCS 5/14-3.1) (from Ch. 46, par. 14-3.1)
| 18 |
| Sec. 14-3.1. The board of election commissioners shall, | 19 |
| during the
month of July of each even-numbered year,
select
for | 20 |
| each election precinct within the jurisdiction of the board 5
| 21 |
| persons to be judges of election who shall possess the | 22 |
| qualifications
required by this Act for such judges. The | 23 |
| selection shall be made by a
county board of election | 24 |
| commissioners in the following manner: the county
board of | 25 |
| election commissioners shall select and approve 3 persons as |
|
|
|
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LRB096 03956 JAM 13991 b |
|
| 1 |
| judges of
election in each election precinct from a certified | 2 |
| list
furnished by the chairman of the county central committee | 3 |
| of the first leading
political party in that precinct; the | 4 |
| county board of election commissioners
also shall select and | 5 |
| approve 2 persons as judges of election in each election
| 6 |
| precinct from a certified list furnished by the chairman of the | 7 |
| county central
committee of the second leading political party | 8 |
| in that precinct. The
selection by a municipal board of | 9 |
| election commissioners shall be made in the
following manner: | 10 |
| for each precinct, 3 judges shall be selected from one of
the 2 | 11 |
| leading political parties and the other 2 judges shall be | 12 |
| selected from
the other leading political party; the parties | 13 |
| entitled to 3 and 2
judges, respectively, in the several | 14 |
| precincts shall be determined as provided
in Section 14-4. | 15 |
| However, a Board of Election Commissioners may
appoint
three | 16 |
| judges of election to serve in lieu of the 5 judges of election | 17 |
| otherwise
required by this Section to serve in any emergency | 18 |
| referendum, or in any
odd-year regular election or in any | 19 |
| special primary or special election called
for the purpose of | 20 |
| filling a vacancy in the office of representative in the
United | 21 |
| States Congress or to nominate candidates for such purpose.
| 22 |
| If a general primary election is conducted under Article | 23 |
| 19B, a Board of
Election Commissioners shall appoint a team of | 24 |
| 5 tally judges to serve in lieu
of
the 5 judges of election | 25 |
| otherwise required by this Section.
| 26 |
| If only 3 judges of election serve in each election |
|
|
|
HB1113 |
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LRB096 03956 JAM 13991 b |
|
| 1 |
| precinct, no more than
2 persons of the same political party | 2 |
| shall be judges of election in the
same election precinct, and | 3 |
| which political party is entitled to 2 judges
of election and | 4 |
| which political party is entitled to one judge of election
| 5 |
| shall be determined as set forth in this Section for a county | 6 |
| board of
election commissioners' selection of 5 election judges | 7 |
| in each precinct or in
Section 14-4 for a municipal board of | 8 |
| election commissioners' selection of
election judges in each | 9 |
| precinct, whichever is appropriate. In addition to
such | 10 |
| precinct judges, the board of election commissioners shall | 11 |
| appoint special
panels of 3 judges each, who shall possess the | 12 |
| same qualifications and shall be
appointed in the same manner | 13 |
| and with the
same division between political parties as is | 14 |
| provided for other judges of
election. The number of such | 15 |
| panels of judges required shall be determined by
regulation of | 16 |
| the State Board of Elections, which shall base the required
| 17 |
| number of special panels on the number of registered voters in | 18 |
| the jurisdiction
or the number of absentee ballots voted at | 19 |
| recent elections or any combination
of such factors. A | 20 |
| municipal board of election
commissioners shall make the
| 21 |
| selections of persons qualified under Section 14-1 from | 22 |
| certified lists
furnished by the chairman of the respective | 23 |
| county central committees of the 2
leading political parties. | 24 |
| Lists furnished by chairmen of county central
committees under | 25 |
| this Section shall be arranged
according to precincts. The | 26 |
| chairman of each county central committee shall,
insofar as |
|
|
|
HB1113 |
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LRB096 03956 JAM 13991 b |
|
| 1 |
| possible, list persons who reside within the precinct in which | 2 |
| they
are to serve as judges.
However, he may, in his sole | 3 |
| discretion, submit the names of persons who
reside outside the | 4 |
| precinct but within the county embracing the precinct
in which | 5 |
| they are to serve. He must, however, submit the names of at
| 6 |
| least 2 residents of the precinct for each precinct in which | 7 |
| his party
is to have 3 judges and must submit the name of at | 8 |
| least one resident of
the precinct for each precinct in which | 9 |
| his party is to have 2 judges.
The board of election | 10 |
| commissioners shall no later than March 1 of each
even-numbered | 11 |
| year notify the chairmen
of the respective county central | 12 |
| committees of their responsibility to
furnish such lists, and | 13 |
| each such chairman shall furnish the board of
election | 14 |
| commissioners with the list for his party on or before May 1 of | 15 |
| each
even-numbered year. The
board of election commissioners | 16 |
| shall acknowledge in writing to each
county chairman the names | 17 |
| of all persons submitted on such certified
list and the total | 18 |
| number of persons listed thereon. If no such list is
furnished | 19 |
| or if no names or an insufficient number of names are
furnished | 20 |
| for certain precincts, the board of election commissioners
| 21 |
| shall make or complete such list from the names contained in | 22 |
| the
supplemental list provided for in Section 14-3.2. Judges of | 23 |
| election
shall hold their office for 2 years from their | 24 |
| appointment and until
their successors are duly appointed in | 25 |
| the manner herein provided. The
board of election commissioners | 26 |
| shall, subject to the provisions of
Section 14-3.2, fill all |
|
|
|
HB1113 |
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LRB096 03956 JAM 13991 b |
|
| 1 |
| vacancies in the office of judges of election
at any time in | 2 |
| the manner herein provided.
| 3 |
| Such selections under this Section shall be confirmed by | 4 |
| the court as
provided in Section 14-5.
| 5 |
| (Source: P.A. 94-1000, eff. 7-3-06.)
| 6 |
| (10 ILCS 5/Art.19B heading new)
| 7 |
| Article 19B. MAIL-IN BALLOTS FOR THE GENERAL PRIMARY ELECTION
| 8 |
| (10 ILCS 5/19B-5 new)
| 9 |
| Sec. 19B-5. Pilot program; voting in the general primary | 10 |
| election. In the
year 2010, the State Board of Elections shall | 11 |
| select one county with a
population of less than 3,000,000 for | 12 |
| a pilot program using mail-in ballots.
Any qualified elector of | 13 |
| that county may vote at the general primary election
for | 14 |
| offices listed in subsection (b) of Section 2A-1.2 through | 15 |
| ballots mailed
to the voter and returned to the proper election | 16 |
| authority by mail.
| 17 |
| Each election authority in the county participating in the | 18 |
| program shall
compile and keep current a list of voters who are | 19 |
| eligible to vote under this
Article. The list shall include the | 20 |
| last mailing address of each voter.
| 21 |
| (10 ILCS 5/19B-10 new)
| 22 |
| Sec. 19B-10. Time for mailing ballots. The
election | 23 |
| authority, not more than 40 nor less than 5 days before the
|
|
|
|
HB1113 |
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LRB096 03956 JAM 13991 b |
|
| 1 |
| general primary election held in 2010, shall mail,
postage
| 2 |
| prepaid, an official ballot, or ballots if more than one are to | 3 |
| be voted at the
election, to each registered voter eligible to | 4 |
| vote under this Article. The
ballot or ballots shall be mailed | 5 |
| to each voter's last mailing address and
shall be marked "DO | 6 |
| NOT FORWARD - ADDRESS CORRECTION REQUESTED" or any other
| 7 |
| similar statement that is in accordance with United States | 8 |
| postal service
regulations.
| 9 |
| The election authority shall maintain a list for each | 10 |
| election of the voters
to whom ballots have been issued. The | 11 |
| list shall be maintained for each
precinct
within the | 12 |
| jurisdiction of the election authority.
| 13 |
| (10 ILCS 5/19B-15 new)
| 14 |
| Sec. 19B-15. Enclosure of ballots in unsealed envelope; | 15 |
| certification;
instructions for marking and returning ballots. | 16 |
| The
election authority shall fold the ballot or ballots in the | 17 |
| manner specified by
the
statute for folding ballots prior to | 18 |
| their deposit in the ballot box, and shall
enclose the ballot | 19 |
| or ballots in an unsealed envelope to be furnished by the
| 20 |
| election authority. The envelope shall bear on its face the | 21 |
| name,
official title, and post office address of the election | 22 |
| authority.
| 23 |
| The printed certificate on the envelope shall be in | 24 |
| substantially the
following form:
| 25 |
| "I state that I am a resident of the .......... precinct of |
|
|
|
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LRB096 03956 JAM 13991 b |
|
| 1 |
| the (1)* township
of .......... (2)* city of .......... (3)* | 2 |
| .......... ward in the city of
.......... residing at | 3 |
| .......... in the city or town in the county of
.......... and | 4 |
| State of Illinois, that I have lived at the address for ...
| 5 |
| months last past; and that I am lawfully entitled to vote in | 6 |
| the precinct at
the election
to be held on .......
| 7 |
| * fill in either (1), (2), or (3).
| 8 |
| I further state that I personally marked the enclosed | 9 |
| ballot in secret. If
I received assistance in casting my | 10 |
| ballot, I further attest that, due to
physical incapacity, I | 11 |
| marked the enclosed ballot in secret with the assistance
of
| 12 |
|
| 13 |
| .................................
| 14 |
| (Individual rendering assistance)
| 15 |
|
| 16 |
| .................................
| 17 |
| (Residence address)
| 18 |
| Under penalties of perjury provided by law under Section | 19 |
| 29-10 of the
Election Code, the undersigned certifies that the | 20 |
| statements set forth in this
certification are true and | 21 |
| correct.
| 22 |
|
| 23 |
| ........................."
| 24 |
| In addition, the election authority shall provide printed
| 25 |
| slips
giving full instructions regarding the manner of marking | 26 |
| and returning the
ballot in order that the same may be counted, |
|
|
|
HB1113 |
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LRB096 03956 JAM 13991 b |
|
| 1 |
| and shall furnish one of the
printed slips to each voter at the | 2 |
| same time the ballot is mailed to the voter.
The instructions | 3 |
| shall include the following statement: "In signing the
| 4 |
| certification on the ballot envelope, you are attesting that | 5 |
| you personally
marked this ballot in secret. If you are | 6 |
| physically unable to mark the ballot,
a friend or relative may | 7 |
| assist you after completing the enclosed affidavit.
Federal and | 8 |
| State laws prohibit your employer, your employer's agent, or an
| 9 |
| officer or agent of your union from assisting physically | 10 |
| disabled voters."
| 11 |
| In addition, if a ballot to be provided to a voter under | 12 |
| this
Section contains a public question described in subsection | 13 |
| (b) of Section 28-6
and the territory concerning the question | 14 |
| to be submitted is not described on
the ballot due to that | 15 |
| space limitations of the ballot, the election authority
shall | 16 |
| provide a printed copy of the notice of the public question, | 17 |
| which shall
included a description of the territory in the | 18 |
| manner required by Section 16-7.
The notice shall be furnished | 19 |
| to the voter at the time the ballot is mailed to
the voter.
| 20 |
| (10 ILCS 5/19B-20 new)
| 21 |
| Sec. 19B-20. Certification of voters; return of ballots. | 22 |
| The voter shall
make
and subscribe to the certification | 23 |
| provided for on the return envelope for the
ballot, and the | 24 |
| ballot or ballots shall be folded by the voter in the manner
| 25 |
| required to be folded before depositing the ballot in the |
|
|
|
HB1113 |
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LRB096 03956 JAM 13991 b |
|
| 1 |
| ballot box, and shall
be
deposited in the envelope and the | 2 |
| envelope securely sealed.
The voter shall then endorse his or | 3 |
| her certificate
on the back of the envelope, and the envelope | 4 |
| shall be mailed by the voter,
postage prepaid, to the election | 5 |
| authority issuing the ballot, or if more
convenient, it may be | 6 |
| delivered in person, by either the voter or by a spouse,
| 7 |
| parent, child, brother, or sister of the voter, or by a company | 8 |
| licensed by the
Illinois Commerce Commission under the Illinois | 9 |
| Commercial Transportation Law
that is engaged in the business | 10 |
| of making deliveries. If a voter gives his or
her ballot and | 11 |
| ballot envelope to a spouse, parent, child, brother, or sister
| 12 |
| of the voter, or to a company that is engaged in the business | 13 |
| of making
deliveries for delivery to the election authority, | 14 |
| the voter shall give an
authorization form to the person making | 15 |
| the delivery.
The person making the delivery shall present the | 16 |
| authorization to the election
authority. The authorization | 17 |
| shall be in substantially the following form:
| 18 |
| "I .............. (voter) authorize ...................... | 19 |
| to take my
ballot
to the office of the election authority.
| 20 |
| ........................ ...........................
| 21 |
| Date Signature of voter
| 22 |
| ........................ ...........................
| 23 |
| Town Address
| 24 |
| ........................ ...........................
| 25 |
| Date Signature of authorized
| 26 |
| Individual
|
|
|
|
HB1113 |
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LRB096 03956 JAM 13991 b |
|
| 1 |
| ........................ ...........................
| 2 |
| Town Relationship (if any)"
| 3 |
| (10 ILCS 5/19B-25 new)
| 4 |
| Sec. 19B-25. Receipt of ballots. Upon receipt of the | 5 |
| voter's ballot, the
election authority shall enclose the | 6 |
| unopened ballot in a large or carrier
envelope that shall be | 7 |
| securely sealed and endorsed with the name and official
title | 8 |
| of the officer and the words, "This
envelope contains a ballot | 9 |
| and must be opened on election day", together with
the number | 10 |
| and description of the precinct in which the ballot is to be | 11 |
| voted,
and the officer shall safely keep the envelope in his or | 12 |
| her office until
counted as provided in Section 19B-30.
| 13 |
| (10 ILCS 5/19B-30 new)
| 14 |
| Sec. 19B-30. Counting of ballots. The ballots received by | 15 |
| the election
authority before 7:00
p.m. of the day of the | 16 |
| general primary election shall be counted at the office
of the | 17 |
| election authority by the tally judges, appointed under this | 18 |
| Code for
that purpose. The counting shall commence no later | 19 |
| than 8:00 p.m.
The counting shall continue until all ballots | 20 |
| received have been counted.
| 21 |
| The procedures set forth in Section 19B-35 of this Act and | 22 |
| Articles 17 and 18
of this Code shall apply to all ballots | 23 |
| counted under this provision,
including comparing the | 24 |
| signature on the ballot envelope with the signature of
the |
|
|
|
HB1113 |
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LRB096 03956 JAM 13991 b |
|
| 1 |
| voter on the permanent voter registration record card taken | 2 |
| from the master
file; except the votes shall be recorded | 3 |
| without regard to precinct
designation, except for precinct | 4 |
| offices.
| 5 |
| (10 ILCS 5/19B-35 new)
| 6 |
| Sec. 19B-35. Casting ballots; comparison of signatures; | 7 |
| rejection of
ballots. The tally judges shall cast the voter's
| 8 |
| ballots separately, and as each ballot is taken shall open the | 9 |
| outer or carrier
envelope, announce the voter's name, and | 10 |
| compare the signature on the permanent
voter registration | 11 |
| record card taken from the master file with the signature
upon | 12 |
| the certification on the ballot envelope. In case the judges | 13 |
| find the
certification properly executed, that the signatures | 14 |
| correspond, and that the
applicant is a duly qualified elector, | 15 |
| they shall open the
envelope containing the ballot in such a | 16 |
| manner as not to deface or destroy the
certification, or mark | 17 |
| or tear the ballots therein contained without unfolding
or | 18 |
| permitting the ballot to be unfolded or examined, and having | 19 |
| endorsed the
ballot in like manner as other ballots are | 20 |
| required to be endorsed, shall
deposit the same in the proper | 21 |
| ballot box or boxes and enter the voter's name
in the poll book | 22 |
| the same as if the voter had been present and voted in person.
| 23 |
| The judges shall place the ballot certification envelopes in a | 24 |
| separate
envelope as per the direction of the election | 25 |
| authority. The envelope
containing the ballot certification |
|
|
|
HB1113 |
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LRB096 03956 JAM 13991 b |
|
| 1 |
| envelopes shall be retained by the election
authority and | 2 |
| preserved in like manner as the official poll record.
| 3 |
| In case the signatures do not correspond, or that the voter | 4 |
| is not a duly
qualified elector, or that the ballot envelope is | 5 |
| open or has been opened and
resealed, without opening the | 6 |
| envelope the judge of election shall mark across
the face | 7 |
| thereof, "Rejected", giving the reason therefor.
| 8 |
| In case the ballot envelope contains more than one ballot | 9 |
| of any kind, the
ballots shall not be counted, but shall be | 10 |
| marked "Rejected", giving the
reason therefor.
| 11 |
| The voter's envelope, and the voter's envelope with its | 12 |
| contents unopened
when
the vote is rejected, shall be retained | 13 |
| and preserved in the manner now
provided
for the retention and | 14 |
| preservation of official ballots rejected at the
election.
| 15 |
| (10 ILCS 5/19B-40 new)
| 16 |
| Sec. 19B-40. Pollwatchers. On election day, pollwatchers | 17 |
| shall be
permitted to be present during the casting of the mail | 18 |
| ballots, and the vote of
any voter may be challenged for cause | 19 |
| the same as if he or she were present and
voted in person, and | 20 |
| the tally judges or a majority of them shall have
power and | 21 |
| authority to hear and determine the legality of the ballot; | 22 |
| provided,
however, that if a challenge to any voter's right to | 23 |
| vote is sustained, notice
of
the same must be given by the | 24 |
| tally judges by mail addressed to the
voter's place of | 25 |
| residence.
|
|
|
|
HB1113 |
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LRB096 03956 JAM 13991 b |
|
| 1 |
| Where ballots are counted on the day of the election in the | 2 |
| office of
the election authority as provided in Section 19B-30 | 3 |
| of this Article, each
political party, candidate, and qualified | 4 |
| civic organization shall be entitled
to have present one | 5 |
| pollwatcher for each panel of election judges therein
assigned. | 6 |
| The pollwatchers shall be subject to the same provisions as are
| 7 |
| proscribed for pollwatchers in Section 7-34 and 17-23 of this | 8 |
| Code, and shall
be permitted to observe the signature | 9 |
| comparison between that which is on the
ballot envelope and | 10 |
| that which is on the permanent voter registration record
card | 11 |
| taken from the master file.
| 12 |
| (10 ILCS 5/19B-45 new)
| 13 |
| Sec. 19B-45. Death of an elector before election day. | 14 |
| Whenever it shall
be made to appear by due proof to the tally | 15 |
| judges that any elector who
has marked and forwarded his or her | 16 |
| ballot as provided in this Article has died
before the date of | 17 |
| the election, then the ballot of the deceased voter shall be
| 18 |
| retained by the tally judges in the same manner as provided for | 19 |
| rejected
ballots; but the casting of the ballot of a deceased | 20 |
| voter shall not
invalidate the election.
| 21 |
| (10 ILCS 5/19B-50 new)
| 22 |
| Sec. 19B-50. Application to jurisdiction using voting | 23 |
| machines. In all
jurisdictions in which voting machines are | 24 |
| used, all the provisions of the
Article relating to the |
|
|
|
HB1113 |
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LRB096 03956 JAM 13991 b |
|
| 1 |
| furnishing of ballot boxes, printing, and furnishing
official | 2 |
| ballots and supplies in the number provided by law, the | 3 |
| canvassing of
the ballots and making the proper return of the | 4 |
| result of the election shall,
to the extent necessary to make | 5 |
| this Article effective, apply with full force
and effect.
| 6 |
| (10 ILCS 5/19B-55 new)
| 7 |
| Sec. 19B-55. Adoption of rules for mail-in ballots. The | 8 |
| State Board of
Elections shall conduct public hearings and | 9 |
| adopt rules and procedures for the
implementation of the use of | 10 |
| mail-in ballots within 270 days after the
effective
date
of | 11 |
| this amendatory Act of the 96th General Assembly.
| 12 |
| (b) In addition to any other duties prescribed by law, the | 13 |
| State Board of
Elections shall:
| 14 |
| (1) prescribe the form of materials to be used in the | 15 |
| conduct of mail-in
ballot elections;
| 16 |
| (2) establish procedures consistent with this Article | 17 |
| for the conduct of
mail-in ballot elections; and
| 18 |
| (3) supervise the conduct of mail-in ballot elections.
| 19 |
| (10 ILCS 5/19B-60 new)
| 20 |
| Sec. 19B-60. Report. After the general primary election in | 21 |
| 2010, the State
Board of Elections must report to the General | 22 |
| Assembly on the problems and
successes of conducting the | 23 |
| election with mail-in ballots.
|
|
|
|
HB1113 |
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LRB096 03956 JAM 13991 b |
|
| 1 |
| (10 ILCS 5/24A-6) (from Ch. 46, par. 24A-6)
| 2 |
| Sec. 24A-6. The ballot information, whether placed on the | 3 |
| ballot or
on the marking device, shall, as far as practicable, | 4 |
| be in the order of
arrangement provided for paper ballots, | 5 |
| except that such information may
be in vertical or horizontal | 6 |
| rows, or in a number of separate pages.
Ballots for all | 7 |
| questions or propositions to be voted on must be
provided in | 8 |
| the same manner and must be arranged on or in the marking
| 9 |
| device or on the ballot sheet in the places provided for such | 10 |
| purposes.
| 11 |
| When an electronic voting system utilizes a ballot label | 12 |
| booklet and
ballot card, ballots for candidates, ballots | 13 |
| calling for a
constitutional convention, constitutional | 14 |
| amendment ballots, judicial
retention ballots, public | 15 |
| measures, and all propositions to be voted
upon may be placed | 16 |
| on the electronic voting device by providing in the
ballot | 17 |
| booklet separate ballot label pages or series of pages
| 18 |
| distinguished by differing colors as provided below. When an | 19 |
| electronic
voting system utilizes a ballot sheet, ballots | 20 |
| calling for a constitutional
convention, constitutional | 21 |
| amendment ballots and judicial retention ballots
shall be | 22 |
| placed on the ballot sheet by providing a separate portion of | 23 |
| the
ballot sheet for each such kind of ballot which shall be | 24 |
| printed in ink
of a color distinct from the color of ink used | 25 |
| in printing any other portion
of the ballot sheet. Ballots for | 26 |
| candidates, public measures and all other
propositions to be |
|
|
|
HB1113 |
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LRB096 03956 JAM 13991 b |
|
| 1 |
| voted upon shall be placed on the ballot sheet by providing
a | 2 |
| separate portion of the ballot sheet for each such kind of | 3 |
| ballot. Whenever a person has submitted a declaration of intent | 4 |
| to be a write-in candidate as required in Sections 17-16.1 and | 5 |
| 18-9.1,
a line
on which the name of a candidate may be written | 6 |
| by the voter shall be printed below the name of the last | 7 |
| candidate nominated for such office, and immediately
to the | 8 |
| left of such line an area shall be provided for marking a vote | 9 |
| for
such write-in candidate. The number of write-in lines for | 10 |
| an office shall equal the number of persons who have filed | 11 |
| declarations of intent to be write-in candidates plus an | 12 |
| additional line or lines for write-in candidates who qualify to | 13 |
| file declarations to be write-in candidates under Sections | 14 |
| 17-16.1 and 18-9.1 when the certification of ballot contains | 15 |
| the words "OBJECTION PENDING" next to the name of the | 16 |
| candidate, up to the number of candidates for which a voter may | 17 |
| vote. More than one amendment to the constitution may
be placed | 18 |
| on the same ballot page or series of pages or on the same | 19 |
| portion
of the ballot sheet, as the case may be. Ballot label | 20 |
| pages for
constitutional conventions or constitutional | 21 |
| amendments shall be on paper
of blue color and shall precede | 22 |
| all other ballot label pages in the ballot
label booklet. More | 23 |
| than one public measure or proposition may be placed
on the | 24 |
| same ballot label page or series of pages or on the same | 25 |
| portion of
the ballot sheet, as the case may be. More than one | 26 |
| proposition for
retention of judges in office may be placed on |
|
|
|
HB1113 |
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LRB096 03956 JAM 13991 b |
|
| 1 |
| the same ballot label page
or series of pages or on the same | 2 |
| portion of the ballot sheet, as the case
may be. Ballot label | 3 |
| pages for candidates shall be on paper of white
color, except | 4 |
| that in primary elections the ballot label page or pages for
| 5 |
| the candidates of each respective political party shall be of | 6 |
| the color
designated by the election official in charge of the | 7 |
| election for that
political party's candidates; provided that | 8 |
| the ballot label pages or pages
for candidates for use at the | 9 |
| nonpartisan and consolidated elections may be
on paper of | 10 |
| different colors, except blue, whenever necessary or desirable
| 11 |
| to facilitate distinguishing between the pages for different | 12 |
| political
subdivisions. On each page
of
the candidate booklet, | 13 |
| where the election is made to list ballot
information | 14 |
| vertically, the party affiliation of each candidate or the word
| 15 |
| "independent" shall appear immediately to the left of the | 16 |
| candidate's
name, and the name of candidates for the same | 17 |
| office shall be listed
vertically under the title of that | 18 |
| office. If no candidate or candidates file for an office and if | 19 |
| no person or persons file a declaration as a write-in candidate | 20 |
| for that office, then below the title of that office the | 21 |
| election authority instead shall print "No Candidate". In the | 22 |
| case of nonpartisan
elections for officers of political | 23 |
| subdivisions, unless the statute or
an ordinance adopted | 24 |
| pursuant to Article VII of the Constitution
requires otherwise, | 25 |
| the listing of such nonpartisan candidates shall not
include | 26 |
| any party or "independent" designation. Ballot label pages for
|
|
|
|
HB1113 |
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LRB096 03956 JAM 13991 b |
|
| 1 |
| judicial retention ballots shall be on paper of green color, | 2 |
| and ballot
label pages for all public measures and other | 3 |
| propositions shall be on
paper of some other distinct and | 4 |
| different color. In primary elections,
a separate ballot label | 5 |
| booklet, marking device and voting booth shall
be used for each | 6 |
| political party holding a primary, with the ballot
label | 7 |
| booklet arranged to include ballot label pages of the | 8 |
| candidates
of the party and public measures and other | 9 |
| propositions to be voted upon
on the day of the primary | 10 |
| election. One ballot card may be used for
recording the voter's | 11 |
| vote or choice on all such ballots, proposals,
public measures | 12 |
| or propositions, and such ballot card shall be arranged
so as | 13 |
| to record the voter's vote or choice in a separate column or
| 14 |
| columns for each such kind of ballot, proposal, public measure | 15 |
| or
proposition.
| 16 |
| If the ballot label booklet includes both candidates for | 17 |
| office and
public measures or propositions to be voted on, the | 18 |
| election official in
charge of the election shall divide the | 19 |
| pages by protruding tabs
identifying the division of the pages, | 20 |
| and printing on such tabs
"Candidates" and "Propositions".
| 21 |
| The ballot card and all of its columns and the ballot card | 22 |
| envelope
shall be of the color prescribed for candidate's | 23 |
| ballots at the general
or primary election, whichever is being | 24 |
| held. At an election where no
candidates are being nominated or | 25 |
| elected, the ballot card, its columns,
and the ballot card | 26 |
| envelope shall be of a color designated by the election
|
|
|
|
HB1113 |
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LRB096 03956 JAM 13991 b |
|
| 1 |
| official in charge of the election.
| 2 |
| The ballot cards, ballot card envelopes and ballot sheets | 3 |
| may, at the
discretion of the election authority, be printed on | 4 |
| white paper and then
striped with the appropriate colors.
| 5 |
| When ballot sheets are used, the various portions thereof | 6 |
| shall be arranged
to conform to the foregoing format.
| 7 |
| Absentee ballots may consist of ballot cards, envelopes, | 8 |
| paper ballots
or ballot sheets voted in person in the office of | 9 |
| the election official in
charge of the election or voted by | 10 |
| mail. Where a ballot card is used for
voting by mail it must be | 11 |
| accompanied by a punching tool or other
appropriate marking | 12 |
| device, voter instructions and a specimen ballot
showing the | 13 |
| proper positions to vote on the ballot card or ballot sheet for
| 14 |
| each party, candidate, proposal, public measure or | 15 |
| proposition, and in the
case of a ballot card must be mounted | 16 |
| on a suitable material to receive the
punched out chip.
| 17 |
| Ballots for use in the general primary election conducted | 18 |
| under Article 19B
may
consist of ballot cards, envelopes, paper | 19 |
| ballots, or ballot sheets. Where a
ballot card is used for | 20 |
| voting by mail it must be accompanied by a punching
tool or | 21 |
| other appropriate marking device, voter instructions, and a | 22 |
| specimen
ballot showing the proper positions to vote on the | 23 |
| ballot card or ballot sheet
for each candidate, proposal, | 24 |
| public measure, or proposition, and in the case
of
a ballot | 25 |
| card must be mounted on a suitable material to receive the | 26 |
| punched out
chip.
|
|
|
|
HB1113 |
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LRB096 03956 JAM 13991 b |
|
| 1 |
| Any voter who spoils his ballot or makes an error may | 2 |
| return the
ballot to the judges of election and secure another. | 3 |
| However, the
protruding identifying tab for proposals for a | 4 |
| constitutional convention
or constitutional amendments shall | 5 |
| have printed thereon "Constitutional
Ballot", and the ballot | 6 |
| label page or pages for such proposals shall
precede the ballot | 7 |
| label pages for candidates in the ballot label
booklet.
| 8 |
| (Source: P.A. 95-699, eff. 11-9-07; 95-862, eff. 8-19-08.)
| 9 |
| (10 ILCS 5/24B-6)
| 10 |
| Sec. 24B-6. Ballot Information; Arrangement; Electronic | 11 |
| Precinct
Tabulation Optical Scan Technology Voting System; | 12 |
| Absentee
Ballots; Spoiled Ballots. The ballot information, | 13 |
| shall, as far
as practicable, be in the order of arrangement | 14 |
| provided for paper
ballots, except that the information may be | 15 |
| in vertical or
horizontal rows, or on a number of separate | 16 |
| pages or displays on the marking
device. Ballots for
all | 17 |
| questions or propositions to be voted on should be provided
in | 18 |
| a similar manner and must be arranged on the ballot sheet or | 19 |
| marking
device in
the places provided for such purposes. | 20 |
| Ballots shall be of white
paper unless provided otherwise by | 21 |
| administrative rule of the State Board of
Elections or | 22 |
| otherwise specified.
| 23 |
| All propositions, including but not limited to | 24 |
| propositions
calling for a constitutional convention, | 25 |
| constitutional
amendment, judicial retention, and public |
|
|
|
HB1113 |
- 40 - |
LRB096 03956 JAM 13991 b |
|
| 1 |
| measures to be voted
upon shall be placed on separate portions | 2 |
| of the ballot sheet or marking
device by
utilizing borders or | 3 |
| grey screens. Candidates shall be listed on
a separate portion | 4 |
| of the ballot sheet or marking device by utilizing
borders or
| 5 |
| grey screens. Whenever a person has submitted a declaration of | 6 |
| intent to be a write-in candidate as required in Sections | 7 |
| 17-16.1 and 18-9.1,
a line or lines on which the voter
may | 8 |
| select a
write-in candidate shall be printed below the name of | 9 |
| the last candidate nominated for such office. Such line or | 10 |
| lines shall be proximate to an area provided for marking
votes | 11 |
| for the write-in candidate or
candidates. The number of | 12 |
| write-in lines for an office shall equal the number
of persons | 13 |
| who have filed declarations of intent to be write-in candidates | 14 |
| plus an additional line or lines for write-in candidates who | 15 |
| qualify to file declarations to be write-in candidates under | 16 |
| Sections 17-16.1 and 18-9.1 when the certification of ballot | 17 |
| contains the words "OBJECTION PENDING" next to the name of that | 18 |
| candidate, up to the number of
candidates
for which a voter may | 19 |
| vote. More than one amendment to the constitution may be
placed | 20 |
| on the
same portion of the ballot sheet or marking device.
| 21 |
| Constitutional convention or constitutional amendment
| 22 |
| propositions shall be printed or displayed on a separate | 23 |
| portion of the
ballot
sheet or marking device and designated by | 24 |
| borders or grey screens, unless
otherwise
provided by | 25 |
| administrative rule of the State Board of Elections.
More than | 26 |
| one public measure or proposition may be placed on the
same |
|
|
|
HB1113 |
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LRB096 03956 JAM 13991 b |
|
| 1 |
| portion of the ballot sheet or marking device. More than
one | 2 |
| proposition for retention of judges in office may be placed
on | 3 |
| the same portion of the ballot sheet or marking device.
Names | 4 |
| of candidates shall be printed in black. The party
affiliation | 5 |
| of each candidate or the word "independent" shall
appear near | 6 |
| or under the candidate's name, and the names of
candidates for | 7 |
| the same office shall be listed vertically under
the title of | 8 |
| that office, on separate pages of the marking device, or as
| 9 |
| otherwise approved by the State Board of Elections. If no | 10 |
| candidate or candidates file for an office and if no person or | 11 |
| persons file a declaration as a write-in candidate for that | 12 |
| office, then below the title of that office the election | 13 |
| authority instead shall print "No Candidate". In the case of
| 14 |
| nonpartisan elections
for officers of political subdivisions, | 15 |
| unless the statute or an
ordinance adopted pursuant to Article | 16 |
| VII of the Constitution
requires otherwise, the listing of | 17 |
| nonpartisan candidates
shall not include any party or | 18 |
| "independent" designation.
Judicial retention
questions and | 19 |
| ballot questions for all public measures and other propositions
| 20 |
| shall be designated by borders or grey screens on the ballot or | 21 |
| marking
device.
In primary
elections, a separate ballot, or | 22 |
| displays on the marking device, shall be
used for each | 23 |
| political
party holding a primary, with the ballot or marking | 24 |
| device arranged to
include
names of the candidates of the party | 25 |
| and public measures and
other propositions to be voted upon on | 26 |
| the day of the primary
election.
|
|
|
|
HB1113 |
- 42 - |
LRB096 03956 JAM 13991 b |
|
| 1 |
| If the ballot includes both candidates for office and | 2 |
| public
measures or propositions to be voted on, the election | 3 |
| official in
charge of the election shall divide the ballot or | 4 |
| displays on the marking
device in sections for
"Candidates" and | 5 |
| "Propositions", or separate ballots may be used.
| 6 |
| Absentee ballots may consist of envelopes, paper ballots or
| 7 |
| ballot sheets voted in person in the office of the election
| 8 |
| official in charge of the election or voted by mail. Where a
| 9 |
| Precinct Tabulation Optical Scan Technology ballot is used for
| 10 |
| voting by mail it must be accompanied by voter instructions.
| 11 |
| Ballots for use in the general primary election conducted | 12 |
| under Article 19B
may
consist of
envelopes, paper ballots, or | 13 |
| ballot sheets. Where a Precinct Tabulation
Optical Scan | 14 |
| Technology ballot is used for voting by mail it must be
| 15 |
| accompanied by voter instructions.
| 16 |
| Any voter who spoils his or her ballot, makes an error, or | 17 |
| has a ballot
returned by the automatic tabulating equipment may | 18 |
| return
the ballot to the judges of election and get another | 19 |
| ballot.
| 20 |
| (Source: P.A. 95-699, eff. 11-9-07; 95-862, eff. 8-19-08.)
| 21 |
| Section 90. The State Mandates Act is amended by adding | 22 |
| Section 8.33 as follows: | 23 |
| (30 ILCS 805/8.33 new) | 24 |
| Sec. 8.33. Exempt mandate. Notwithstanding Sections 6 and 8 |
|
|
|
HB1113 |
- 43 - |
LRB096 03956 JAM 13991 b |
|
| 1 |
| of this Act, no reimbursement by the State is required for the | 2 |
| implementation of any mandate created by this amendatory Act of | 3 |
| the 96th General Assembly.
| 4 |
| Section 99. Effective date. This Act takes effect upon | 5 |
| becoming law.
|
|
|
|
HB1113 |
- 44 - |
LRB096 03956 JAM 13991 b |
|
| 1 |
|
INDEX
| 2 |
|
Statutes amended in order of appearance
|
| 3 |
| 10 ILCS 5/4-11 |
from Ch. 46, par. 4-11 |
| 4 |
| 10 ILCS 5/7-5 |
from Ch. 46, par. 7-5 |
| 5 |
| 10 ILCS 5/7-15 |
from Ch. 46, par. 7-15 |
| 6 |
| 10 ILCS 5/7-16 |
from Ch. 46, par. 7-16 |
| 7 |
| 10 ILCS 5/13-1 |
from Ch. 46, par. 13-1 |
| 8 |
| 10 ILCS 5/13-2 |
from Ch. 46, par. 13-2 |
| 9 |
| 10 ILCS 5/14-1 |
from Ch. 46, par. 14-1 |
| 10 |
| 10 ILCS 5/14-3.1 |
from Ch. 46, par. 14-3.1 |
| 11 |
| 10 ILCS 5/Art.19B heading | 12 |
| new |
|
| 13 |
| 10 ILCS 5/19B-5 new |
|
| 14 |
| 10 ILCS 5/19B-10 new |
|
| 15 |
| 10 ILCS 5/19B-15 new |
|
| 16 |
| 10 ILCS 5/19B-20 new |
|
| 17 |
| 10 ILCS 5/19B-25 new |
|
| 18 |
| 10 ILCS 5/19B-30 new |
|
| 19 |
| 10 ILCS 5/19B-35 new |
|
| 20 |
| 10 ILCS 5/19B-40 new |
|
| 21 |
| 10 ILCS 5/19B-45 new |
|
| 22 |
| 10 ILCS 5/19B-50 new |
|
| 23 |
| 10 ILCS 5/19B-55 new |
|
| 24 |
| 10 ILCS 5/19B-60 new |
|
| 25 |
| 10 ILCS 5/24A-6 |
from Ch. 46, par. 24A-6 |
|
|
|
|
HB1113 |
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LRB096 03956 JAM 13991 b |
|
| 1 |
| 10 ILCS 5/24B-6 |
|
| 2 |
| 30 ILCS 805/8.33 new |
|
| |
|