Full Text of SB3722 97th General Assembly
SB3722ham004 97TH GENERAL ASSEMBLY | Rep. Barbara Flynn Currie Filed: 5/29/2012
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| 1 | | AMENDMENT TO SENATE BILL 3722
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 3722, AS AMENDED, | 3 | | by replacing everything after the enacting clause with the | 4 | | following:
| 5 | | "Section 5. The Election Code is amended by changing | 6 | | Sections 4-50, 5-50, 6-100, 9-1.8, 9-1.9, 9-1.15, 9-2, 9-3, | 7 | | 9-7, 9-8.5, 9-8.6, 9-10, 9-15, 9-28.5, 16-6, 18A-5, 18A-15, | 8 | | 19-2.1, 19-3, 19A-15, and 24C-12 and by adding Section 1-11 as | 9 | | follows: | 10 | | (10 ILCS 5/1-11 new) | 11 | | Sec. 1-11. Public university voting. For the 2012 general | 12 | | election, each appropriate election authority shall, in | 13 | | addition to the early voting conducted at locations otherwise | 14 | | required by law, conduct early voting in a high traffic | 15 | | location on the campus of a public university within the | 16 | | election authority's jurisdiction. For the purposes of this |
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| 1 | | Section, "public university" means the University of Illinois | 2 | | at its campuses in Urbana-Champaign and Springfield, Southern | 3 | | Illinois University at its campuses in Carbondale and | 4 | | Edwardsville, Eastern Illinois University, Illinois State | 5 | | University, Northern Illinois University, and Western Illinois | 6 | | University at its campuses in Macomb and Moline. The voting | 7 | | required by this Section to be conducted on campus must be | 8 | | conducted as otherwise required by Article 19A of this Code. If | 9 | | an election authority has voting equipment that can accommodate | 10 | | a ballot in every form required in the election authority's | 11 | | jurisdiction, then the election authority shall extend early | 12 | | voting under this Section to any registered voter in the | 13 | | election authority's jurisdiction. However, if the election | 14 | | authority does not have voting equipment that can accommodate a | 15 | | ballot in every form required in the election authority's | 16 | | jurisdiction, then the election authority may limit early | 17 | | voting under this Section to registered voters in precincts | 18 | | where the public university is located and precincts bordering | 19 | | the university. Each public university shall make the space | 20 | | available in a high traffic area for, and cooperate and | 21 | | coordinate with the appropriate election authority in, the | 22 | | implementation of this Section. This Section is repealed on May | 23 | | 31, 2013. | 24 | | (10 ILCS 5/4-50) | 25 | | Sec. 4-50. Grace period. Notwithstanding any other |
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| 1 | | provision of this
Code to the contrary, each election authority | 2 | | shall
establish procedures for the registration of voters and | 3 | | for change of address during the period from the close of
| 4 | | registration for a primary or election and until the 3rd 7th | 5 | | day before the
primary or election. During this grace period, | 6 | | an unregistered qualified
elector may
register to vote, and a | 7 | | registered voter may submit a change of address form, in person | 8 | | in the office of the election
authority or at a voter | 9 | | registration location specifically designated for this
purpose | 10 | | by the election authority. The election authority shall
| 11 | | register that individual, or change a registered voter's | 12 | | address, in the same manner as otherwise provided by this | 13 | | Article for registration and change of address. | 14 | | If a voter who registers or changes address during this | 15 | | grace period wishes to vote at the first election or primary | 16 | | occurring after the grace period, he or she must do so by grace | 17 | | period voting, either in person in the office of the election | 18 | | authority or at a location specifically designated for this | 19 | | purpose by the election authority, or by mail, at the | 20 | | discretion of the election authority. Grace period voting shall | 21 | | be in a manner substantially similar to voting under Article | 22 | | 19. | 23 | | Within one day after a voter casts a grace period ballot, | 24 | | the election authority shall transmit the voter's name, street | 25 | | address, and precinct, ward, township, and district numbers, as | 26 | | the case may be, to the State Board of Elections, which shall |
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| 1 | | maintain those names and that information in an electronic | 2 | | format on its website, arranged by county and accessible to | 3 | | State and local political committees. The name of each person | 4 | | issued a grace period ballot shall also be placed on the | 5 | | appropriate precinct list of persons to whom absentee and early | 6 | | ballots have been issued, for use as provided in Sections 17-9 | 7 | | and 18-5. | 8 | | A person who casts a grace period ballot shall not be | 9 | | permitted to revoke that ballot and vote another ballot with | 10 | | respect to that primary or election. Ballots cast by persons | 11 | | who register or change address during the grace period must be | 12 | | transmitted to and counted at the election authority's central | 13 | | ballot counting location and shall not be transmitted to and | 14 | | counted at precinct polling places.
The grace period ballots | 15 | | determined to be valid shall be added to the vote totals for | 16 | | the precincts for which they were cast in the order in which | 17 | | the ballots were opened.
| 18 | | (Source: P.A. 96-441, eff. 1-1-10.) | 19 | | (10 ILCS 5/5-50) | 20 | | Sec. 5-50. Grace period. Notwithstanding any other | 21 | | provision of this
Code to the contrary, each election authority | 22 | | shall
establish procedures for the registration of voters and | 23 | | for change of address during the period from the close of
| 24 | | registration for a primary or election and until the 3rd 7th | 25 | | day before the
primary or election. During this grace period, |
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| 1 | | an unregistered qualified
elector may
register to vote, and a | 2 | | registered voter may submit a change of address form, in person | 3 | | in the office of the election
authority or at a voter | 4 | | registration location specifically designated for this
purpose | 5 | | by the election authority. The election authority shall
| 6 | | register that individual, or change a registered voter's | 7 | | address, in the same manner as otherwise provided by this | 8 | | Article for registration and change of address. | 9 | |
If a voter who registers or changes address during this | 10 | | grace period wishes to vote at the first election or primary | 11 | | occurring after the grace period, he or she must do so by grace | 12 | | period voting, either in person in the office of the election | 13 | | authority or at a location specifically designated for this | 14 | | purpose by the election authority, or by mail, at the | 15 | | discretion of the election authority. Grace period voting shall | 16 | | be in a manner substantially similar to voting under Article | 17 | | 19. | 18 | | Within one day after a voter casts a grace period ballot, | 19 | | the election authority shall transmit the voter's name, street | 20 | | address, and precinct, ward, township, and district numbers, as | 21 | | the case may be, to the State Board of Elections, which shall | 22 | | maintain those names and that information in an electronic | 23 | | format on its website, arranged by county and accessible to | 24 | | State and local political committees. The name of each person | 25 | | issued a grace period ballot shall also be placed on the | 26 | | appropriate precinct list of persons to whom absentee and early |
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| 1 | | ballots have been issued, for use as provided in Sections 17-9 | 2 | | and 18-5. | 3 | | A person who casts a grace period ballot shall not be | 4 | | permitted to revoke that ballot and vote another ballot with | 5 | | respect to that primary or election. Ballots cast by persons | 6 | | who register or change address during the grace period must be | 7 | | transmitted to and counted at the election authority's central | 8 | | ballot counting location and shall not be transmitted to and | 9 | | counted at precinct polling places. The grace period ballots | 10 | | determined to be valid shall be added to the vote totals for | 11 | | the precincts for which they were cast in the order in which | 12 | | the ballots were opened.
| 13 | | (Source: P.A. 96-441, eff. 1-1-10.) | 14 | | (10 ILCS 5/6-100) | 15 | | Sec. 6-100. Grace period. Notwithstanding any other | 16 | | provision of this
Code to the contrary, each election authority | 17 | | shall
establish procedures for the registration of voters and | 18 | | for change of address during the period from the close of
| 19 | | registration for a primary or election and until the 3rd 7th | 20 | | day before the
primary or election. During this grace period, | 21 | | an unregistered qualified
elector may
register to vote, and a | 22 | | registered voter may submit a change of address form, in person | 23 | | in the office of the election
authority or at a voter | 24 | | registration location specifically designated for this
purpose | 25 | | by the election authority. The election authority shall
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| 1 | | register that individual, or change a registered voter's | 2 | | address, in the same manner as otherwise provided by this | 3 | | Article for registration and change of address. | 4 | | If a voter who registers or changes address during this | 5 | | grace period wishes to vote at the first election or primary | 6 | | occurring after the grace period, he or she must do so by grace | 7 | | period voting, either in person in the office of the election | 8 | | authority or at a location specifically designated for this | 9 | | purpose by the election authority, or by mail, at the | 10 | | discretion of the election authority. Grace period voting shall | 11 | | be in a manner substantially similar to voting under Article | 12 | | 19. | 13 | | Within one day after a voter casts a grace period ballot, | 14 | | the election authority shall transmit the voter's name, street | 15 | | address, and precinct, ward, township, and district numbers, as | 16 | | the case may be, to the State Board of Elections, which shall | 17 | | maintain those names and that information in an electronic | 18 | | format on its website, arranged by county and accessible to | 19 | | State and local political committees. The name of each person | 20 | | issued a grace period ballot shall also be placed on the | 21 | | appropriate precinct list of persons to whom absentee and early | 22 | | ballots have been issued, for use as provided in Sections 17-9 | 23 | | and 18-5. | 24 | | A person who casts a grace period ballot shall not be | 25 | | permitted to revoke that ballot and vote another ballot with | 26 | | respect to that primary or election. Ballots cast by persons |
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| 1 | | who register or change address during the grace period must be | 2 | | transmitted to and counted at the election authority's central | 3 | | ballot counting location and shall not be transmitted to and | 4 | | counted at precinct polling places. The grace period ballots | 5 | | determined to be valid shall be added to the vote totals for | 6 | | the precincts for which they were cast in the order in which | 7 | | the ballots were opened.
| 8 | | (Source: P.A. 96-441, eff. 1-1-10.)
| 9 | | (10 ILCS 5/9-1.8)
(from Ch. 46, par. 9-1.8)
| 10 | | Sec. 9-1.8. Political committees. | 11 | | (a) "Political committee" includes a candidate political | 12 | | committee, a political party committee, a political action | 13 | | committee, and a ballot initiative committee , and an | 14 | | independent expenditure committee . | 15 | | (b) "Candidate political committee" means the candidate | 16 | | himself or herself or any natural person, trust, partnership, | 17 | | corporation, or other organization or group of persons | 18 | | designated by the candidate that accepts contributions or makes | 19 | | expenditures during any 12-month period in an aggregate amount | 20 | | exceeding $3,000 on behalf of the candidate. | 21 | | (c) "Political party committee" means the State central | 22 | | committee of a political party, a county central committee of a | 23 | | political party, a legislative caucus committee, or a committee | 24 | | formed by a ward or township committeeman of a political party. | 25 | | For purposes of this Article, a "legislative caucus committee" |
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| 1 | | means a committee established for the purpose of electing | 2 | | candidates to the General Assembly by the person elected | 3 | | President of the Senate, Minority Leader of the Senate, Speaker | 4 | | of the House of Representatives, Minority Leader of the House | 5 | | of Representatives, or a committee established by 5 or more | 6 | | members of the same caucus of the Senate or 10 or more members | 7 | | of the same caucus of the House of Representatives. | 8 | | (d) "Political action committee" means any natural person, | 9 | | trust, partnership, committee, association, corporation, or | 10 | | other organization or group of persons, other than a candidate, | 11 | | political party, candidate political committee, or political | 12 | | party committee, that accepts contributions or makes | 13 | | expenditures during any 12-month period in an aggregate amount | 14 | | exceeding $3,000 on behalf of or in opposition to a candidate | 15 | | or candidates for public office. "Political action committee" | 16 | | includes any natural person, trust, partnership, committee, | 17 | | association, corporation, or other organization or group of | 18 | | persons, other than a candidate, political party, candidate | 19 | | political committee, or political party committee, that makes | 20 | | electioneering communications during any 12-month period in an | 21 | | aggregate amount exceeding $3,000 related to any candidate or | 22 | | candidates for public office. | 23 | | (e) "Ballot initiative committee" means any natural | 24 | | person, trust, partnership, committee, association, | 25 | | corporation, or other organization or group of persons that | 26 | | accepts contributions or makes expenditures during any |
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| 1 | | 12-month period in an aggregate amount exceeding $3,000 in | 2 | | support of or in opposition to any question of public policy to | 3 | | be submitted to the electors. "Ballot initiative committee" | 4 | | includes any natural person, trust, partnership, committee, | 5 | | association, corporation, or other organization or group of | 6 | | persons that makes electioneering communications during any | 7 | | 12-month period in an aggregate amount exceeding $3,000 related | 8 | | to any question of public policy to be submitted to the voters. | 9 | | The $3,000 threshold applies to any contributions or | 10 | | expenditures received or made with the purpose of securing a | 11 | | place on the ballot for, advocating the defeat or passage of, | 12 | | or engaging in electioneering communication regarding the | 13 | | question of public policy, regardless of the method of | 14 | | initiation of the question of public policy and regardless of | 15 | | whether petitions have been circulated or filed with the | 16 | | appropriate office or whether the question has been adopted and | 17 | | certified by the governing body. | 18 | | (f) "Independent expenditure committee" means any trust, | 19 | | partnership, committee, association, corporation, or other | 20 | | organization or group of persons formed for the exclusive
| 21 | | purpose of making independent expenditures during any 12-month | 22 | | period in an aggregate amount exceeding $3,000 in support of or | 23 | | in opposition to (i) the nomination for election, election, | 24 | | retention, or defeat of any public official or candidate or | 25 | | (ii) any question of public policy to be submitted to the | 26 | | electors. "Independent expenditure committee" also includes |
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| 1 | | any trust, partnership, committee, association, corporation, | 2 | | or other organization or group of persons that makes | 3 | | electioneering communications that are not made in connection, | 4 | | consultation, or concert with or at the request or suggestion | 5 | | of a public official or candidate, a public official's or | 6 | | candidate's designated political committee or campaign, or an | 7 | | agent or agents of the public official, candidate, or political | 8 | | committee or campaign during any 12-month period in an | 9 | | aggregate amount exceeding $3,000 related to (i) the nomination | 10 | | for election, election, retention, or defeat of any public | 11 | | official or candidate or (ii) any question of public policy to | 12 | | be submitted to the voters.
| 13 | | (Source: P.A. 95-963, eff. 1-1-09; 96-832, eff. 1-1-11 .)
| 14 | | (10 ILCS 5/9-1.9)
(from Ch. 46, par. 9-1.9)
| 15 | | Sec. 9-1.9. Election cycle. "Election cycle" means any of | 16 | | the following: | 17 | | (1) For a candidate political committee organized to | 18 | | support a candidate to be elected at a general primary election | 19 | | or general election, (i) the period beginning January 1 | 20 | | following the general election for the office to which a | 21 | | candidate seeks nomination or election and ending on the day of | 22 | | the general primary election for that office or (ii) the period | 23 | | beginning the day after a general primary election for the | 24 | | office to which the candidate seeks nomination or election and | 25 | | through December 31 following the general election. |
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| 1 | | (2) Notwithstanding paragraph (1), for a candidate | 2 | | political committee organized to support a candidate for the | 3 | | General Assembly, (i) the period beginning January 1 following | 4 | | a general election and ending on the day of the next general | 5 | | primary election or (ii) the period beginning the day after the | 6 | | general primary election and ending on December 31 following a | 7 | | general election. | 8 | | (3) For a candidate political committee organized to | 9 | | support a candidate for a retention election, (i) the period | 10 | | beginning January 1 following the general election at which the | 11 | | candidate was elected through the day the candidate files a | 12 | | declaration of intent to seek retention or (ii) the period | 13 | | beginning the day after the candidate files a declaration of | 14 | | intent to seek retention through December 31 following the | 15 | | retention election. | 16 | | (4) For a candidate political committee organized to | 17 | | support a candidate to be elected at a consolidated primary | 18 | | election or consolidated election, (i) the period beginning | 19 | | July 1 following a consolidated election and ending on the day | 20 | | of the consolidated primary election or (ii) the period | 21 | | beginning the day after the consolidated primary election and | 22 | | ending on June 30 following a consolidated election. | 23 | | (5) For a political party committee, political action | 24 | | committee, or ballot initiative committee, or independent | 25 | | expenditure committee, the period beginning on January 1 and | 26 | | ending on December 31 of each calendar year.
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| 1 | | (Source: P.A. 96-832, eff. 1-1-11 .)
| 2 | | (10 ILCS 5/9-1.15) | 3 | | Sec. 9-1.15. Independent expenditure. "Independent | 4 | | expenditure" means any payment, gift, donation, or expenditure | 5 | | of funds (i) by a natural person or political committee for the | 6 | | purpose of making electioneering communications or of | 7 | | expressly advocating for or against the nomination for | 8 | | election, election, retention, or defeat of a clearly | 9 | | identifiable public official or candidate or for or against any | 10 | | question of public policy to be submitted to the voters and | 11 | | (ii) that is not made in connection, consultation, or concert | 12 | | with or at the request or suggestion of the public official or | 13 | | candidate, the public official's or candidate's designated | 14 | | political committee or campaign, or the agent or agents of the | 15 | | public official, candidate, or political committee or | 16 | | campaign.
| 17 | | (Source: P.A. 96-832, eff. 7-1-10 .)
| 18 | | (10 ILCS 5/9-2) (from Ch. 46, par. 9-2)
| 19 | | Sec. 9-2. Political committee designations. | 20 | | (a) Every political committee shall be designated as a (i) | 21 | | candidate political committee, (ii) political party committee, | 22 | | (iii) political action committee, or (iv) ballot initiative | 23 | | committee , or (v) independent expenditure committee . | 24 | | (b) Beginning January 1, 2011, no public official or |
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| 1 | | candidate for public office may maintain or establish more than | 2 | | one candidate political committee for each office that public | 3 | | official or candidate holds or is seeking. The name of each | 4 | | candidate political committee shall identify the name of the | 5 | | public official or candidate supported by the candidate | 6 | | political committee. If a candidate establishes separate | 7 | | candidate political committees for each public office, the name | 8 | | of each candidate political committee shall also include the | 9 | | public office to which the candidate seeks nomination for | 10 | | election, election, or retention. If a candidate establishes | 11 | | one candidate political committee for multiple offices elected | 12 | | at different elections, then the candidate shall designate an | 13 | | election cycle, as defined in Section 9-1.9, for purposes of | 14 | | contribution limitations and reporting requirements set forth | 15 | | in this Article.
No political committee, other than a candidate | 16 | | political committee, may include the name of a candidate in its | 17 | | name. | 18 | | (c) Beginning January 1, 2011, no State central committee | 19 | | of a political party, county central committee of a political | 20 | | party, committee formed by a ward or township committeeman, or | 21 | | committee established for the purpose of electing candidates to | 22 | | the General Assembly may maintain or establish more than one | 23 | | political party committee. The name of the committee must | 24 | | include the name of the political party. | 25 | | (d) Beginning January 1, 2011, no natural person, trust, | 26 | | partnership, committee, association, corporation, or other |
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| 1 | | organization or group of persons forming a political action | 2 | | committee shall maintain or establish more than one political | 3 | | action committee. The name of a political action committee must | 4 | | include the name of the entity forming the committee. This | 5 | | subsection does not apply to independent expenditure | 6 | | committees. | 7 | | (e) Beginning January 1, 2011, the name of a ballot | 8 | | initiative committee must include words describing the | 9 | | question of public policy and whether the group supports or | 10 | | opposes the question. | 11 | | (f) Every political committee shall designate a chairman
| 12 | | and a treasurer. The same person may serve as both chairman and
| 13 | | treasurer of any political committee.
A candidate who | 14 | | administers his own campaign contributions and
expenditures | 15 | | shall be deemed a political committee for purposes of this
| 16 | | Article and shall designate himself as chairman, treasurer, or | 17 | | both
chairman and treasurer of such political committee. The | 18 | | treasurer of a
political committee shall be responsible for | 19 | | keeping the records and
filing the statements and reports | 20 | | required by this Article.
| 21 | | (g) No contribution and no expenditure shall be accepted or | 22 | | made by or on
behalf of a political committee at a time when | 23 | | there is a vacancy in the
office of chairman or treasurer | 24 | | thereof. No expenditure shall be made
for or on behalf of a | 25 | | political committee without the authorization of
its chairman | 26 | | or treasurer, or their designated agents.
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| 1 | | (h) For purposes of implementing the changes made by this | 2 | | amendatory Act of the 96th General Assembly, every political | 3 | | committee in existence on the effective date of this amendatory | 4 | | Act of the 96th General Assembly shall make the designation | 5 | | required by this Section by December 31, 2010. | 6 | | (Source: P.A. 96-832, eff. 7-1-10 .)
| 7 | | (10 ILCS 5/9-3) (from Ch. 46, par. 9-3) | 8 | | Sec. 9-3. Political committee statement of organization. | 9 | | (a) Every political committee shall file with the State | 10 | | Board of Elections a
statement of organization within 10 | 11 | | business days of the creation of
such
committee, except any | 12 | | political committee created within the 30 days before
an
| 13 | | election shall file a statement of organization within 2 | 14 | | business days in person, by facsimile transmission, or by | 15 | | electronic mail. Any change in information previously | 16 | | submitted in a statement of organization shall be reported, as | 17 | | required for the original statement of organization by this | 18 | | Section, within 10 days following that change. A
political | 19 | | committee that acts as both a state political
committee and a | 20 | | local political committee shall file a copy of each
statement | 21 | | of organization with the State Board of Elections and the
| 22 | | county clerk.
The Board shall impose a civil penalty of $50 per | 23 | | business day upon political
committees for failing to file or | 24 | | late filing of a statement of organization. Such penalties | 25 | | shall not
exceed $5,000, and shall not exceed $10,000 for |
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| 1 | | statewide office political
committees.
There shall be no fine | 2 | | if the statement is mailed and postmarked at least 72
hours | 3 | | prior to the filing deadline.
| 4 | | In addition to the civil penalties authorized by this | 5 | | Section, the State
Board of Elections or any other political | 6 | | committee may apply to the
circuit court for a temporary | 7 | | restraining
order or a preliminary or permanent injunction | 8 | | against the political committee
to cease the expenditure of | 9 | | funds and to cease operations until the statement
of | 10 | | organization is filed.
| 11 | | For the purpose of this Section,
"statewide office" means | 12 | | the Governor, Lieutenant Governor, Secretary of State,
| 13 | | Attorney General, State Treasurer, and State Comptroller.
| 14 | | (b) The statement of organization shall include:
| 15 | | (1) the name
and address of the political committee and | 16 | | the designation required by Section 9-2;
| 17 | | (2) the scope, area of activity, party affiliation, and | 18 | | purposes of the political
committee;
| 19 | | (3) the name, address, and position of each custodian | 20 | | of the
committee's books and accounts;
| 21 | | (4) the name, address, and position of the committee's | 22 | | principal
officers, including the chairman, treasurer, and | 23 | | officers and members of
its finance committee, if any;
| 24 | | (5) the name and address of any sponsoring entity;
| 25 | | (6) a statement of what specific disposition of | 26 | | residual fund will
be made in the event of the dissolution |
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| 1 | | or
termination of the committee;
| 2 | | (7) a listing of all banks or other financial | 3 | | institutions, safety
deposit boxes, and any other | 4 | | repositories or custodians of funds used by
the committee; | 5 | | and
| 6 | | (8) the amount of funds available for campaign | 7 | | expenditures as of
the filing date of the committee's | 8 | | statement of organization.
| 9 | | For purposes of this Section, a "sponsoring entity" is (i) | 10 | | any person,
organization, corporation, or association that | 11 | | contributes
at least 33% of the total funding of the political | 12 | | committee or (ii) any person
or other entity that is registered | 13 | | or is required to register under the
Lobbyist Registration Act | 14 | | and contributes at least 33% of the total funding of
the | 15 | | political committee.
| 16 | | (c) Each statement of organization required to be
filed in | 17 | | accordance with this Section shall be verified, dated, and | 18 | | signed
by either the treasurer of the political committee | 19 | | making the statement or
the candidate on whose behalf the | 20 | | statement is made and shall contain
substantially the following | 21 | | verification: | 22 | | "VERIFICATION: | 23 | | I declare that this statement of organization (including | 24 | | any
accompanying schedules and statements) has been examined by | 25 | | me and, to the
best of my knowledge and belief, is a true, | 26 | | correct, and complete statement
of organization as required by |
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| 1 | | Article 9 of the Election Code. I understand
that willfully | 2 | | filing a false or incomplete statement is
subject to a civil | 3 | | penalty of at least $1,001 and up to $5,000. | 4 | | ................ ..........................................
| 5 | | (date of filing) (signature of person making the statement)". | 6 | | (d) The statement of organization for a ballot initiative | 7 | | committee also shall include a verification signed by the | 8 | | chairperson of the committee that (i) the committee is formed | 9 | | for the purpose of supporting or opposing a question of public | 10 | | policy, (ii) all contributions and expenditures of the | 11 | | committee will be used for the purpose described in the | 12 | | statement of organization, (iii) the committee may accept | 13 | | unlimited contributions from any source, provided that the | 14 | | ballot initiative committee does not make contributions or | 15 | | expenditures in support of or opposition to a candidate or | 16 | | candidates for nomination for election, election, or | 17 | | retention, and (iv) failure to abide by these requirements | 18 | | shall deem the committee in violation of this Article. | 19 | | (d-5) The statement of organization for an independent | 20 | | expenditure committee also shall include a verification signed | 21 | | by the chairperson of the committee that (i) the committee is | 22 | | formed for the exclusive purpose of making independent | 23 | | expenditures, (ii) all contributions and expenditures of the | 24 | | committee will be used for the purpose described in the | 25 | | statement of organization, (iii) the committee may accept | 26 | | unlimited contributions from any source, provided that the |
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| 1 | | independent expenditure committee does not make contributions | 2 | | to any candidate political committee, political party | 3 | | committee, or political action committee, and (iv) failure to | 4 | | abide by these requirements shall deem the committee in | 5 | | violation of this Article. | 6 | | (e) For purposes of implementing the changes made by this | 7 | | amendatory Act of the 96th General Assembly, every political | 8 | | committee in existence on the effective date of this amendatory | 9 | | Act of the 96th General Assembly shall file the statement | 10 | | required by this Section with the Board by December 31, 2010. | 11 | | (Source: P.A. 96-832, eff. 7-1-10 .)
| 12 | | (10 ILCS 5/9-7) (from Ch. 46, par. 9-7)
| 13 | | Sec. 9-7. Records and accounts. | 14 | | (1) Except as provided in subsection (2), the The treasurer | 15 | | of a political committee shall keep a detailed and exact
| 16 | | account of-
| 17 | | (a) the total of all contributions made to or for the | 18 | | committee;
| 19 | | (b) the full name and mailing address of every person | 20 | | making a
contribution and the date and amount thereof;
| 21 | | (c) the total of all expenditures made by or on behalf | 22 | | of the committee;
| 23 | | (d) the full name and mailing address of every person | 24 | | to whom any
expenditure is made, and the date and amount | 25 | | thereof;
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| 1 | | (e) proof of payment, stating the particulars, for | 2 | | every expenditure made by or on behalf of the committee.
| 3 | | The treasurer shall preserve all records and accounts | 4 | | required
by this section for a period of 2 years. | 5 | | (2) The treasurer of a political committee shall keep a | 6 | | detailed and exact account of the total amount of contributions | 7 | | made to or for a committee at an event licensed under Section | 8 | | 8.1 of the Raffles Act. For an event licensed under Section | 9 | | 8.1, the treasurer is not required to keep a detailed and exact | 10 | | account of the full name and mailing address of a person who | 11 | | purchases tickets at the event in an amount that does not | 12 | | exceed $150.
| 13 | | (Source: P.A. 96-832, eff. 1-1-11 .)
| 14 | | (10 ILCS 5/9-8.5) | 15 | | Sec. 9-8.5. Limitations on campaign contributions. | 16 | | (a) It is unlawful for a political committee to accept | 17 | | contributions except as provided in this Section. | 18 | | (b) During an election cycle, a candidate political | 19 | | committee may not accept contributions with an aggregate value | 20 | | over the following: (i) $5,000 from any individual, (ii) | 21 | | $10,000 from any corporation, labor organization, or | 22 | | association, or (iii) $50,000 from a candidate political | 23 | | committee or political action committee. A candidate political | 24 | | committee may accept contributions in any amount from a | 25 | | political party committee except during an election cycle in |
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| 1 | | which the candidate seeks nomination at a primary election. | 2 | | During an election cycle in which the candidate seeks | 3 | | nomination at a primary election, a candidate political | 4 | | committee may not accept contributions from political party | 5 | | committees with an aggregate value over the following: (i) | 6 | | $200,000 for a candidate political committee established to | 7 | | support a candidate seeking nomination to statewide office, | 8 | | (ii) $125,000 for a candidate political committee established | 9 | | to support a candidate seeking nomination to the Senate, the | 10 | | Supreme Court or Appellate Court in the First Judicial | 11 | | District, or an office elected by all voters in a county with | 12 | | 1,000,000 or more residents, (iii) $75,000 for a candidate | 13 | | political committee established to support a candidate seeking | 14 | | nomination to the House of Representatives, the Supreme Court | 15 | | or Appellate Court for a Judicial District other than the First | 16 | | Judicial District, an office elected by all voters of a county | 17 | | of fewer than 1,000,000 residents, and municipal and county | 18 | | offices in Cook County other than those elected by all voters | 19 | | of Cook County, and (iv) $50,000 for a candidate political | 20 | | committee established to support the nomination of a candidate | 21 | | to any other office.
A candidate political committee | 22 | | established to elect a candidate to the General Assembly may | 23 | | accept contributions from only one legislative caucus | 24 | | committee. A candidate political committee may not accept | 25 | | contributions from a ballot initiative committee or from an
| 26 | | independent expenditure committee . |
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| 1 | | (c) During an election cycle, a political party committee | 2 | | may not accept contributions with an aggregate value over the | 3 | | following: (i) $10,000 from any individual, (ii) $20,000 from | 4 | | any corporation, labor organization, or association, or (iii) | 5 | | $50,000 from a political action committee. A political party | 6 | | committee may accept contributions in any amount from another | 7 | | political party committee or a candidate political committee, | 8 | | except as provided in subsection (c-5). Nothing in this Section | 9 | | shall limit the amounts that may be transferred between a State | 10 | | political party committee established under subsection (a) of | 11 | | Section 7-8 of this Code and an affiliated federal political | 12 | | committee established under the Federal Election Code by the | 13 | | same political party . A political party committee may not | 14 | | accept contributions from a ballot initiative committee or from | 15 | | an
independent expenditure committee . A political party | 16 | | committee established by a legislative caucus may not accept | 17 | | contributions from another political party committee | 18 | | established by a legislative caucus. | 19 | | (c-5) During the period beginning on the date candidates | 20 | | may begin circulating petitions for a primary election and | 21 | | ending on the day of the primary election, a political party | 22 | | committee may not accept contributions with an aggregate value | 23 | | over $50,000 from a candidate political committee or political | 24 | | party committee. A political party committee may accept | 25 | | contributions in any amount from a candidate political | 26 | | committee or political party committee if the political party |
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| 1 | | committee receiving the contribution filed a statement of | 2 | | nonparticipation in the primary as provided in subsection | 3 | | (c-10). The Task Force on Campaign Finance Reform shall study | 4 | | and make recommendations on the provisions of this subsection | 5 | | to the Governor and General Assembly by September 30, 2012. | 6 | | This subsection becomes inoperative on July 1, 2013 and | 7 | | thereafter no longer applies. | 8 | | (c-10) A political party committee that does not intend to | 9 | | make contributions to candidates to be nominated at a general | 10 | | primary election or consolidated primary election may file a | 11 | | Statement of Nonparticipation in a Primary Election with the | 12 | | Board. The Statement of Nonparticipation shall include a | 13 | | verification signed by the chairperson and treasurer of the | 14 | | committee that (i) the committee will not make contributions or | 15 | | coordinated expenditures in support of or opposition to a | 16 | | candidate or candidates to be nominated at the general primary | 17 | | election or consolidated primary election (select one) to be | 18 | | held on (insert date), (ii) the political party committee may | 19 | | accept unlimited contributions from candidate political | 20 | | committees and political party committees, provided that the | 21 | | political party committee does not make contributions to a | 22 | | candidate or candidates to be nominated at the primary | 23 | | election, and (iii) failure to abide by these requirements | 24 | | shall deem the political party committee in violation of this | 25 | | Article and subject the committee to a fine of no more than | 26 | | 150% of the total contributions or coordinated expenditures |
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| 1 | | made by the committee in violation of this Article. This | 2 | | subsection becomes inoperative on July 1, 2013 and thereafter | 3 | | no longer applies. | 4 | | (d) During an election cycle, a political action committee | 5 | | may not accept contributions with an aggregate value over the | 6 | | following: (i) $10,000 from any individual, (ii) $20,000 from | 7 | | any corporation, labor organization, political party | 8 | | committee, or association, or (iii) $50,000 from a political | 9 | | action committee or candidate political committee. A political | 10 | | action committee may not accept contributions from a ballot | 11 | | initiative committee or from an
independent expenditure | 12 | | committee . | 13 | | (e) A ballot initiative committee may accept contributions | 14 | | in any amount from any source, provided that the committee | 15 | | files the document required by Section 9-3 of this Article and | 16 | | files the disclosure reports required by the provisions of this | 17 | | Article . | 18 | | (e-5) An independent expenditure committee may accept | 19 | | contributions in any amount from any source, provided that the | 20 | | committee files the document required by Section 9-3 of this | 21 | | Article and files the disclosure reports required by the | 22 | | provisions of this Article. | 23 | | (f) Nothing in this Section shall prohibit a political | 24 | | committee from dividing the proceeds of joint fundraising | 25 | | efforts; provided that no political committee may receive more | 26 | | than the limit from any one contributor , and provided that an |
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| 1 | | independent
expenditure committee may not conduct joint | 2 | | fundraising efforts with a
candidate political committee or a | 3 | | political party committee . | 4 | | (g) On January 1 of each odd-numbered year, the State Board | 5 | | of Elections shall adjust the amounts of the contribution | 6 | | limitations established in this Section for inflation as | 7 | | determined by the Consumer Price Index for All Urban Consumers | 8 | | as issued by the United States Department of Labor and rounded | 9 | | to the nearest $100. The State Board shall publish this | 10 | | information on its official website. | 11 | | (h) Self-funding candidates. If a public official, a | 12 | | candidate, or the public official's or candidate's immediate | 13 | | family contributes or loans to the public official's or | 14 | | candidate's political committee or to other political | 15 | | committees that transfer funds to the public official's or | 16 | | candidate's political committee or makes independent | 17 | | expenditures for the benefit of the public official's or | 18 | | candidate's campaign during the 12 months prior to an election | 19 | | in an aggregate amount of more than (i) $250,000 for statewide | 20 | | office or (ii) $100,000 for all other elective offices, then | 21 | | the public official or candidate shall file with the State | 22 | | Board of Elections, within one day, a Notification of | 23 | | Self-funding that shall detail each contribution or loan made | 24 | | by the public official, the candidate, or the public official's | 25 | | or candidate's immediate family. Within 2 business days after | 26 | | the filing of a Notification of Self-funding, the notification |
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| 1 | | shall be posted on the Board's website and the Board shall give | 2 | | official notice of the filing to each candidate for the same | 3 | | office as the public official or candidate making the filing, | 4 | | including the public official or candidate filing the | 5 | | Notification of Self-funding. Upon receiving notice from the | 6 | | Board, all candidates for that office, including the public | 7 | | official or candidate who filed a Notification of Self-funding, | 8 | | shall be permitted to accept contributions in excess of any | 9 | | contribution limits imposed by subsection (b). For the purposes | 10 | | of this subsection, "immediate family" means the spouse, | 11 | | parent, or child of a public official or candidate. | 12 | | (h-5) If a natural person or independent expenditure | 13 | | committee makes independent expenditures in support of or in | 14 | | opposition to the campaign of a particular public official or | 15 | | candidate in an aggregate amount of more than (i) $250,000 for | 16 | | statewide office or (ii) $100,000 for all other elective | 17 | | offices in an election cycle, as reported in a written | 18 | | disclosure filed under subsection (a) of Section 9-8.6 or | 19 | | subsection (e-5) of Section 9-10, then the State Board of | 20 | | Elections shall, within 2 business days after the filing of the | 21 | | disclosure, post the disclosure on the Board's website and give | 22 | | official notice of the disclosure to each candidate for the | 23 | | same office as the public official or candidate for whose | 24 | | benefit the natural person or independent expenditure | 25 | | committee made independent expenditures. Upon receiving notice | 26 | | from the Board, all candidates for that office in that |
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| 1 | | election, including the public official or candidate for whose | 2 | | benefit the natural person or independent expenditure | 3 | | committee made independent expenditures, shall be permitted to | 4 | | accept contributions in excess of any contribution limits | 5 | | imposed by subsection (b). The Campaign Finance Task Force | 6 | | shall submit a report to the Governor and General Assembly no | 7 | | later than February 1, 2013. The report shall examine and make | 8 | | recommendations regarding the provisions in this subsection | 9 | | including, but not limited to, case law concerning independent | 10 | | expenditures, the manner in which independent expenditures are | 11 | | handled in the other states and at the federal level, | 12 | | independent expenditures made in Illinois during the 2012 | 13 | | general primary and, separately, the 2012 general election, and | 14 | | independent expenditures made at the federal level during the | 15 | | 2012 general election. The Task Force shall conduct at least 2 | 16 | | public hearings regarding independent expenditures. | 17 | | (i) For the purposes of this Section, a corporation, labor | 18 | | organization, association, or a political action committee | 19 | | established by a corporation, labor organization, or | 20 | | association may act as a conduit in facilitating the delivery | 21 | | to a political action committee of contributions made through | 22 | | dues, levies, or similar assessments and the political action | 23 | | committee may report the contributions in the aggregate, | 24 | | provided that: (i) contributions made through the dues, levies, | 25 | | or similar assessments paid by any natural person, corporation, | 26 | | labor organization, or association in a calendar year may not |
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| 1 | | exceed the limits set forth in this Section ; and (ii) the | 2 | | corporation, labor organization, association, or a political | 3 | | action committee established by a corporation, labor | 4 | | organization, or association facilitating the delivery of | 5 | | contributions maintains a list of natural persons, | 6 | | corporations, labor organizations, and associations that paid | 7 | | the dues, levies, or similar assessments from which the | 8 | | contributions comprising the aggregate amount derive ; and | 9 | | (iii) contributions made through dues, levies, or similar | 10 | | assessments paid by any natural person, corporation, labor | 11 | | organization, or association that exceed $500 in a quarterly | 12 | | reporting period shall be itemized on the committee's quarterly | 13 | | report and may not be reported in the aggregate . A political | 14 | | action committee facilitating the delivery of contributions or | 15 | | receiving contributions shall disclose the amount of | 16 | | contributions made through dues delivered or received and the | 17 | | name of the corporation, labor organization, association, or | 18 | | political action committee delivering the contributions, if | 19 | | applicable. On January 1 of each odd-numbered year, the State | 20 | | Board of Elections shall adjust the amounts of the contribution | 21 | | limitations established in this subsection for inflation as | 22 | | determined by the Consumer Price Index for All Urban Consumers | 23 | | as issued by the United States Department of Labor and rounded | 24 | | to the nearest $100. The State Board shall publish this | 25 | | information on its official website. | 26 | | (j) A political committee that receives a contribution or |
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| 1 | | transfer in violation of this Section shall dispose of the | 2 | | contribution or transfer by returning the contribution or | 3 | | transfer, or an amount equal to the contribution or transfer, | 4 | | to the contributor or transferor or donating the contribution | 5 | | or transfer, or an amount equal to the contribution or | 6 | | transfer, to a charity. A contribution or transfer received in | 7 | | violation of this Section that is not disposed of as provided | 8 | | in this subsection within 30 15 days after the Board sends | 9 | | notification to the political committee of the excess | 10 | | contribution by certified mail its receipt shall escheat to the | 11 | | General Revenue Fund and the political committee shall be | 12 | | deemed in violation of this Section and subject to a civil | 13 | | penalty not to exceed 150% of the total amount of the | 14 | | contribution. | 15 | | (k) For the purposes of this Section, "statewide office" | 16 | | means the Governor, Lieutenant Governor, Attorney General, | 17 | | Secretary of State, Comptroller, and Treasurer. | 18 | | (l) This Section is repealed if and when the United States | 19 | | Supreme Court invalidates contribution limits on committees | 20 | | formed to assist candidates, political parties, corporations, | 21 | | associations, or labor organizations established by or | 22 | | pursuant to federal law.
| 23 | | (Source: P.A. 96-832, eff. 1-1-11 .) | 24 | | (10 ILCS 5/9-8.6)
| 25 | | Sec. 9-8.6. Independent expenditures. |
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| 1 | | (a) An independent expenditure is not considered a | 2 | | contribution to a political committee. An expenditure made by a | 3 | | natural person or political committee for an electioneering | 4 | | communication in connection, consultation, or concert with or | 5 | | at the request or suggestion of the public official or | 6 | | candidate, the public official's or candidate's candidate | 7 | | political committee, or the agent or agents of the public | 8 | | official, candidate, or political committee or campaign shall | 9 | | not be considered an independent expenditure but rather shall | 10 | | be considered a contribution to the public official's or | 11 | | candidate's candidate political committee. | 12 | | A natural person who makes an independent expenditure | 13 | | supporting or opposing a public official or candidate that, | 14 | | alone or in combination with any other independent expenditure | 15 | | made by that natural person supporting or opposing that public | 16 | | official or candidate during any 12-month period, equals an | 17 | | aggregate value of at least $3,000 must file a written | 18 | | disclosure with the State Board of Elections within 2 business | 19 | | days after making any expenditure that results in the natural | 20 | | person meeting or exceeding the $3,000 threshold. A natural | 21 | | person who
has made a written disclosure with the State Board | 22 | | of Elections shall have a continuing
obligation to report | 23 | | further expenditures in relation to the same election, in | 24 | | $1,000
increments, to the State Board until the conclusion of | 25 | | that election. A natural person who makes an independent | 26 | | expenditure supporting or opposing a public official or |
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| 1 | | candidate that, alone or in combination with any other | 2 | | independent expenditure made by that natural person supporting | 3 | | or opposing that public official or candidate during the | 4 | | election cycle, equals an aggregate value of more than (i) | 5 | | $250,000 for statewide office or (ii) $100,000 for all other | 6 | | elective offices must file a written disclosure with the State | 7 | | Board of Elections within 2 business days after making any | 8 | | expenditure that results in the natural person exceeding the | 9 | | applicable threshold. Each disclosure must identify the | 10 | | natural person, the public official or candidate supported or | 11 | | opposed, the date, amount, and nature of each independent | 12 | | expenditure, and the natural person's occupation and employer. | 13 | | (b) Any entity other than a natural person that makes | 14 | | expenditures of any kind in an aggregate amount exceeding | 15 | | $3,000 during any 12-month period supporting or opposing a | 16 | | public official or candidate must organize as a political | 17 | | committee in accordance with this Article. | 18 | | (c) Every political committee that makes independent | 19 | | expenditures must report all such independent expenditures as | 20 | | required under Section 9-10 of this Article. | 21 | | (d) In the event that a political committee organized as an | 22 | | independent
expenditure committee makes a contribution to any | 23 | | other political committee
other than another independent | 24 | | expenditure committee or a ballot initiative
committee, the | 25 | | State Board shall assess a fine equal to the amount of any | 26 | | contribution
received in the preceding 2 years by the |
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| 1 | | independent expenditure committee
that exceeded the limits for | 2 | | a political action committee set forth in subsection (d) of | 3 | | Section 9-8.5.
| 4 | | (Source: P.A. 96-832, eff. 7-1-10 .) | 5 | | (10 ILCS 5/9-10) (from Ch. 46, par. 9-10)
| 6 | | Sec. 9-10. Disclosure of contributions and expenditures.
| 7 | | (a) The treasurer of every political committee shall file | 8 | | with the
Board reports of campaign contributions and | 9 | | expenditures as required by this Section on forms to be
| 10 | | prescribed or approved by the Board.
| 11 | | (b) Every political committee shall file quarterly reports | 12 | | of campaign contributions, expenditures, and independent | 13 | | expenditures. The reports shall cover the period January 1 | 14 | | through March 31, April 1 through June 30, July 1 through | 15 | | September 30, and October 1 through December 31 of each year. A | 16 | | political committee shall file quarterly reports no later than | 17 | | the 15th day of the month following each period. Reports of | 18 | | contributions and expenditures must be filed to cover the | 19 | | prescribed time periods even though no contributions or | 20 | | expenditures may have been received or made during the period. | 21 | | The Board shall assess a civil penalty not to exceed $5,000 for | 22 | | failure to file a report required by this subsection. The fine, | 23 | | however, shall not exceed $1,000 for a first violation if the | 24 | | committee files less than 10 days after the deadline. There | 25 | | shall be no fine if the report is mailed and postmarked at |
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| 1 | | least 72 hours prior to the filing deadline. When considering | 2 | | the amount of the fine to be imposed, the Board shall consider | 3 | | whether the violation was committed inadvertently, | 4 | | negligently, knowingly, or intentionally and any past | 5 | | violations of this Section. | 6 | | (c) A political committee shall file a report of any | 7 | | contribution of $1,000 or more electronically with the Board | 8 | | within 5 business days after receipt of the contribution, | 9 | | except that the report shall be filed within 2 business days | 10 | | after receipt if (i) the contribution is received 30 or fewer | 11 | | days before the date of an election and (ii) the political | 12 | | committee supports or opposes a candidate or public question on | 13 | | the ballot at that election or makes expenditures in excess of | 14 | | $500 on behalf of or in opposition to a candidate, candidates, | 15 | | a public question, or public questions on the ballot at that | 16 | | election.
The State Board shall allow filings of reports of | 17 | | contributions of $1,000 or more by political committees that | 18 | | are not required to file electronically to be made by facsimile | 19 | | transmission. The Board shall assess a civil penalty for | 20 | | failure to file a report required by this subsection. Failure | 21 | | to report each contribution is a separate violation of this | 22 | | subsection. The Board shall impose fines for willful or wanton | 23 | | violations of this subsection (c) not to exceed 150% of the | 24 | | total amount of the contributions that were untimely reported, | 25 | | but in no case shall it be less than 10% of the total amount of | 26 | | the contributions that were untimely reported. When |
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| 1 | | considering the amount of the fine to be imposed for willful or | 2 | | wanton violations, the Board shall consider the number of days | 3 | | the contribution was reported late and past violations of this | 4 | | Section and Section 9-3. The Board may impose a fine for | 5 | | negligent or inadvertent violations of this subsection not to | 6 | | exceed 50% of the total amount of the contributions that were | 7 | | untimely reported, or the Board may waive the fine. When | 8 | | considering whether to impose a fine and the amount of the | 9 | | fine, the Board shall consider the following factors: (1) | 10 | | whether the political committee made an attempt to disclose the | 11 | | contribution and any attempts made to correct the violation, | 12 | | (2) whether the violation is attributed to a clerical or | 13 | | computer error, (3) the amount of the contribution, (4) whether | 14 | | the violation arose from a discrepancy between the date the | 15 | | contribution was reported transferred by a political committee | 16 | | and the date the contribution was received by a political | 17 | | committee, (5) the number of days the contribution was reported | 18 | | late, and (6) past violations of this Section and Section 9-3 | 19 | | by the political committee. | 20 | | (d) For the purpose of this Section, a contribution is | 21 | | considered received on the date (i) a monetary contribution was | 22 | | deposited in a bank, financial institution, or other repository | 23 | | of funds for the committee, (ii) the date a committee receives | 24 | | notice a monetary contribution was deposited by an entity used | 25 | | to process financial transactions by credit card or other | 26 | | entity used for processing a monetary contribution that was |
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| 1 | | deposited in a bank, financial institution, or other repository | 2 | | of funds for the committee, or (iii) the public official, | 3 | | candidate, or political committee receives the notification of | 4 | | contribution of goods or services as required under subsection | 5 | | (b) of Section 9-6. | 6 | | (e) A political committee that makes independent | 7 | | expenditures of $1,000 or more during the period 30 days or | 8 | | fewer before an election shall electronically file a report | 9 | | with the Board within 5 business days after making the | 10 | | independent expenditure. The report shall contain the | 11 | | information required in Section 9-11(c) of this Article.
| 12 | | (e-5) An independent expenditure committee that makes an | 13 | | independent expenditure supporting or opposing a public | 14 | | official or candidate that, alone or in combination with any | 15 | | other independent expenditure made by that independent | 16 | | expenditure committee supporting or opposing that public | 17 | | official or candidate during the election cycle, equals an | 18 | | aggregate value of more than (i) $250,000 for statewide office | 19 | | or (ii) $100,000 for all other elective offices must file a | 20 | | written disclosure with the State Board of Elections within 2 | 21 | | business days after making any expenditure that results in the | 22 | | independent expenditure committee exceeding the applicable | 23 | | threshold. The Board shall assess a civil penalty against an | 24 | | independent expenditure committee for failure to file the | 25 | | disclosure required by this subsection not to exceed (i) $500 | 26 | | for an initial failure to file the required disclosure and (ii) |
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| 1 | | $1,000 for each subsequent failure to file the required | 2 | | disclosure.
| 3 | | (f) A copy of each report or statement filed under this | 4 | | Article
shall be
preserved by the person filing it for a period | 5 | | of two years from the
date of filing.
| 6 | | (Source: P.A. 95-6, eff. 6-20-07; 95-957, eff. 1-1-09; 96-832, | 7 | | eff. 1-1-11 .)
| 8 | | (10 ILCS 5/9-15) (from Ch. 46, par. 9-15) | 9 | | Sec. 9-15. It shall be the duty of the Board- | 10 | | (1) to develop prescribed forms for filing statements | 11 | | of organization and required reports; | 12 | | (2) to prepare, publish, and furnish to the appropriate | 13 | | persons a manual of instructions setting forth recommended
| 14 | | uniform methods of bookkeeping and reporting under this | 15 | | Article; | 16 | | (3) to prescribe suitable rules and regulations to | 17 | | carry out the
provisions of this Article. Such rules and | 18 | | regulations shall be published
and made available to the | 19 | | public; | 20 | | (4) to send by first class mail, after the general | 21 | | primary election in
even numbered years, to the chairman of | 22 | | each regularly constituted
State central committee, county | 23 | | central committee and, in counties with a
population of | 24 | | more than 3,000,000, to the committeemen of each township | 25 | | and
ward organization of each political party notice of |
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| 1 | | their obligations under
this Article, along with a form for | 2 | | filing the statement of organization; | 3 | | (5) to promptly make all reports and statements filed | 4 | | under this Article available for public inspection and | 5 | | copying no later than 2 business days after their receipt | 6 | | and to permit copying of any such report or statement at | 7 | | the expense of the person requesting the copy; | 8 | | (6) to develop a filing, coding, and cross-indexing | 9 | | system consistent with the purposes of this Article; | 10 | | (7) to compile and maintain a list of all statements or | 11 | | parts of statements pertaining to each candidate; | 12 | | (8) to prepare and publish such reports as the Board | 13 | | may deem appropriate; and | 14 | | (9) to annually notify each political committee that | 15 | | has filed a statement of organization with the Board of the | 16 | | filing dates for each quarterly report, provided that such | 17 | | notification shall be made by first-class mail unless the | 18 | | political committee opts to receive notification | 19 | | electronically via email ; and . | 20 | | (10) to promptly send, by first class mail directed | 21 | | only to the officers of a political committee, and by | 22 | | certified mail to the address of the political committee, | 23 | | written notice of any fine or penalty assessed or imposed | 24 | | against the political committee under this Article. | 25 | | (Source: P.A. 96-1263, eff. 1-1-11.) |
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| 1 | | (10 ILCS 5/9-28.5)
| 2 | | Sec. 9-28.5. Injunctive relief for electioneering | 3 | | communications. | 4 | | (a) Whenever the Attorney General, or a State's Attorney | 5 | | with jurisdiction over any portion of the relevant electorate, | 6 | | believes that any person, as defined in Section 9-1.6, is | 7 | | making, producing, publishing, republishing, or broadcasting | 8 | | an electioneering communication paid for by any person, as | 9 | | defined in Section 9-1.6, who has not first complied with the | 10 | | registration and disclosure requirements of this Article, he or | 11 | | she may bring an action in the name of the People of the State | 12 | | of Illinois or, in the case of a State's Attorney, the People | 13 | | of the County, against such person or persons to restrain by | 14 | | preliminary or permanent injunction the making, producing, | 15 | | publishing, republishing, or broadcasting of such | 16 | | electioneering communication until the registration and | 17 | | disclosure requirements have been met. | 18 | | (b) Any political committee that believes any person, as | 19 | | defined in Section 9-1.6, is making, producing, publishing, | 20 | | republishing, or broadcasting an electioneering communication | 21 | | paid for by any person, as defined in Section 9-1.6, who has | 22 | | not first complied with the registration and disclosure | 23 | | requirements of this Article may bring an action in the circuit | 24 | | court against such person or persons to restrain by preliminary | 25 | | or permanent injunction the making, producing, publishing, | 26 | | republishing, or broadcasting of such electioneering |
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| 1 | | communication until the registration and disclosure | 2 | | requirements have been met. | 3 | | (c) Whenever the Attorney General, or a State's Attorney | 4 | | with jurisdiction
over any portion of the relevant electorate, | 5 | | believes that any person, as
defined in Section 9-1.6, is | 6 | | engaging in independent expenditures,
as defined in this | 7 | | Article, who has not first complied with the registration
and | 8 | | disclosure requirements of this Article, he or she may bring an | 9 | | action
in the name of the People of the State of Illinois or, | 10 | | in the case of a
State's Attorney, the People of the County, | 11 | | against such person or persons
to restrain by preliminary or | 12 | | permanent injunction the making of such expenditures
until the | 13 | | registration and disclosure requirements have been met. | 14 | | (d) Any political committee that believes any person, as | 15 | | defined in
Section 9-1.6, is engaging in independent | 16 | | expenditures, as defined in
this Article, who has not first | 17 | | complied with the registration and disclosure
requirements of | 18 | | this Article may bring an action in the circuit court against
| 19 | | such person or persons to restrain by preliminary or permanent | 20 | | injunction
the making of independent expenditures until the | 21 | | registration and disclosure
requirements have been met.
| 22 | | (Source: P.A. 96-832, eff. 7-1-10 .)
| 23 | | (10 ILCS 5/16-6) (from Ch. 46, par. 16-6)
| 24 | | Sec. 16-6.
Whenever one or more proposals for amendment of | 25 | | the
constitution or the calling of a constitutional convention |
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| 1 | | or any
combination thereof is or are to be voted upon by the | 2 | | people, the
proposition or propositions for the adoption or | 3 | | rejection of such
amendment or amendments or convention shall | 4 | | be submitted upon a ballot
separate from the "Official Ballot" | 5 | | containing the names of candidates
for State and other offices | 6 | | to be voted at such election. Such separate
ballot shall be | 7 | | printed upon paper of a distinctly blue color and shall,
as | 8 | | near as may be practicable, be of uniform size and blue color, | 9 | | but
any variation in the size of such ballots or in the | 10 | | tincture of blue
employed shall not affect or impair the | 11 | | validity thereof. Preceding
each proposal to amend the | 12 | | constitution shall be printed the brief
explanation of the | 13 | | amendment, prepared by the General Assembly, or in the
case of | 14 | | a proposed amendment initiated by petition pursuant to Section
| 15 | | 3 of Article XIV of the Constitution of the State of Illinois | 16 | | by the principal
proponents of the amendment as approved by the | 17 | | Attorney General, and
immediately below the explanation, the | 18 | | proposition shall be printed in
substantially the following | 19 | | form:
| 20 | | -------------------------------------------------------------
| 21 | | YES For the proposed amendment
- | 22 | | ---------- to Article ______ (or Section
| 23 | | NO _______ of Article ______) of
| 24 | | the Constitution.
| 25 | | -------------------------------------------------------------
| 26 | | In the case of a proposition for the calling of a |
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| 1 | | constitutional
convention, such proposition shall be printed | 2 | | in substantially the
following form:
| 3 | | -------------------------------------------------------------
| 4 | | YES For the calling
- | 5 | | ---------- of a Constitutional
| 6 | | NO Convention.
| 7 | | -------------------------------------------------------------
| 8 | | On the back or outside of the ballot so as to appear when | 9 | | folded,
shall be printed the words "CONSTITUTION BALLOT", | 10 | | followed by the
designation of the polling place for which the | 11 | | ballot is prepared, the
date of the election and a facsimile of | 12 | | the signature of the clerk or
other officer who has caused the | 13 | | ballots to be printed. Immediately
above the words | 14 | | "CONSTITUTION BALLOT" in the case of a proposition for
the | 15 | | calling of a constitutional convention or a proposition to | 16 | | amend the Constitution the following legend shall be
printed in | 17 | | bold face type:
| 18 | | "NOTICE
| 19 | | THE FAILURE TO VOTE THIS BALLOT MAY BE IS THE EQUIVALENT OF | 20 | | A NEGATIVE VOTE , BECAUSE A CONVENTION SHALL BE CALLED OR THE | 21 | | AMENDMENT SHALL BECOME EFFECTIVE IF APPROVED BY EITHER | 22 | | THREE-FIFTHS OF THOSE VOTING ON THE QUESTION OR A MAJORITY OF | 23 | | THOSE VOTING IN THE ELECTION .
(THIS IS NOT TO BE CONSTRUED AS A | 24 | | DIRECTION THAT YOUR VOTE IS REQUIRED
TO BE CAST EITHER IN FAVOR | 25 | | OF OR IN OPPOSITION TO THE PROPOSITION HEREIN
CONTAINED.)
| 26 | | WHETHER YOU VOTE THIS BALLOT OR NOT YOU MUST RETURN IT TO |
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| 1 | | THE
ELECTION JUDGE WHEN YOU LEAVE THE VOTING BOOTH".
| 2 | | Immediately above the words "CONSTITUTION BALLOT" in the | 3 | | case of a
proposition to amend the Constitution the following | 4 | | legend shall be
printed in bold face type:
| 5 | | "NOTICE
| 6 | | WHETHER YOU VOTE THIS BALLOT OR NOT YOU MUST RETURN IT TO | 7 | | THE
ELECTION JUDGE WHEN YOU LEAVE THE VOTING BOOTH."
| 8 | | If a proposition for the calling of a constitutional | 9 | | convention is
submitted at the same election as one or more | 10 | | propositions to amend the
constitution, the proposition for the | 11 | | calling of a constitutional
convention shall be printed at the | 12 | | top of the ballot. In such case, the
back or outside of the | 13 | | ballot shall be printed the same as if it were a
proposal | 14 | | solely to amend the constitution.
| 15 | | Where voting machines or electronic voting systems are | 16 | | used, the
provisions of this Section may be modified as | 17 | | required or authorized by
Article 24 or Article 24A, whichever | 18 | | is applicable.
| 19 | | (Source: P.A. 81-163 .)
| 20 | | (10 ILCS 5/18A-5)
| 21 | | Sec. 18A-5. Provisional voting; general provisions.
| 22 | | (a) A person who claims to be a registered voter is | 23 | | entitled to cast a
provisional ballot under the following | 24 | | circumstances:
| 25 | | (1) The person's name does not appear on the official |
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| 1 | | list of eligible
voters for the precinct in which
the | 2 | | person seeks to vote. The official list is the centralized | 3 | | statewide voter registration list established and | 4 | | maintained in accordance with Section 1A-25;
| 5 | | (2) The person's voting status has been challenged by | 6 | | an election judge, a
pollwatcher, or any legal voter and | 7 | | that challenge has been sustained by a
majority of the | 8 | | election judges;
| 9 | | (3) A federal or State court order extends the time for | 10 | | closing the polls
beyond the time period established by | 11 | | State law and the person votes during the
extended time | 12 | | period; or
| 13 | | (4) The voter registered to vote by mail and is | 14 | | required by law to
present identification when voting | 15 | | either in person or by absentee ballot, but
fails to do so ; | 16 | | .
| 17 | | (5) The voter's name appears on the list of voters who | 18 | | voted during the early voting period, but the voter claims | 19 | | not to have voted during the early voting period; or | 20 | | (6) The voter received an absentee ballot but did not | 21 | | return the absentee ballot to the election authority. | 22 | | (b) The procedure for obtaining and casting a provisional | 23 | | ballot at the
polling place
shall be as follows:
| 24 | | (1) After first verifying through an examination of the | 25 | | precinct register that the person's address is within the | 26 | | precinct boundaries, an election judge at the polling place |
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| 1 | | shall notify a person who is
entitled to cast a provisional | 2 | | ballot pursuant to subsection (a)
that he or she may cast a | 3 | | provisional ballot in that election.
An election judge
must | 4 | | accept any information provided by a person who casts a | 5 | | provisional ballot
that the person believes supports his or | 6 | | her claim that he or she is a duly
registered voter and | 7 | | qualified to vote in the election. However, if the person's | 8 | | residence address is outside the precinct boundaries, the | 9 | | election judge shall inform the person of that fact, give | 10 | | the person the appropriate telephone number of the election | 11 | | authority in order to locate the polling place assigned to | 12 | | serve that address, and instruct the person to go to the | 13 | | proper polling place to vote.
| 14 | | (2) The person shall execute a written form provided by | 15 | | the
election judge that shall state or contain all of the | 16 | | following that is available:
| 17 | | (i) an affidavit stating the following:
| 18 | | State of Illinois, County of ................, | 19 | | Township
.............,
Precinct ........, Ward | 20 | | ........, I, ......................., do solemnly
| 21 | | swear (or affirm) that: I am a citizen of the United | 22 | | States; I am 18 years of
age or older; I have resided | 23 | | in this State and in this precinct for 30 days
| 24 | | preceding this election; I have not voted in this | 25 | | election; I am a duly
registered voter in every | 26 | | respect; and I am eligible to vote in this election.
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| 1 | | Signature ...... Printed Name of Voter ....... Printed | 2 | | Residence
Address of Voter ...... City
...... State | 3 | | .... Zip Code ..... Telephone Number ...... Date of | 4 | | Birth .......
and Illinois Driver's License Number | 5 | | ....... or Last 4 digits of Social
Security
Number | 6 | | ...... or State Identification Card
Number issued to | 7 | | you by the Illinois Secretary of State........
| 8 | | (ii) A box for the election judge to check one of the 6 | 9 | | 3 reasons why the
person was given a provisional ballot | 10 | | under subsection (a) of Section 18A-5.
| 11 | | (iii) An area for the election judge to affix his or | 12 | | her signature and to
set forth any facts that support or | 13 | | oppose the allegation that the person is
not qualified to | 14 | | vote in the precinct in which the person is seeking to | 15 | | vote.
| 16 | | The written affidavit form described in this subsection | 17 | | (b)(2) must be
printed on a multi-part form prescribed by the | 18 | | county clerk or board of
election commissioners, as the case | 19 | | may be.
| 20 | | (3) After the person executes the portion of the written | 21 | | affidavit described
in subsection (b)(2)(i) of this Section, | 22 | | the election judge shall complete the
portion of the written | 23 | | affidavit described in subsection (b)(2)(iii) and
(b)(2)(iv).
| 24 | | (4) The election judge shall give a copy of the completed | 25 | | written affidavit
to the person. The election judge shall place | 26 | | the original written affidavit in
a self-adhesive clear plastic |
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| 1 | | packing list envelope that must be attached to a
separate | 2 | | envelope marked as a "provisional ballot envelope". The | 3 | | election judge
shall also place any information provided by the | 4 | | person who casts a provisional
ballot in the clear plastic | 5 | | packing list envelope. Each county clerk or board
of election | 6 | | commissioners, as the case may be,
must design, obtain or | 7 | | procure self-adhesive clear plastic packing list
envelopes and | 8 | | provisional ballot envelopes that are suitable for | 9 | | implementing
this subsection (b)(4) of this Section.
| 10 | | (5) The election judge shall provide the person with a | 11 | | provisional ballot,
written instructions for casting a | 12 | | provisional ballot, and the provisional
ballot envelope with | 13 | | the clear plastic packing list envelope affixed to it,
which | 14 | | contains the person's original written affidavit and, if any, | 15 | | information
provided by the provisional voter to support his or | 16 | | her claim that he or she is
a duly registered voter. An | 17 | | election judge must also give the person written
information | 18 | | that states that any person who casts a provisional ballot | 19 | | shall be
able to ascertain, pursuant to guidelines established | 20 | | by the State Board of
Elections, whether the provisional vote | 21 | | was counted in the official canvass of
votes for that election | 22 | | and, if the provisional vote was not counted, the
reason that | 23 | | the vote was not counted.
| 24 | | (6) After the person has completed marking his or her | 25 | | provisional ballot, he
or she shall place the marked ballot | 26 | | inside of the provisional ballot envelope,
close and seal the |
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| 1 | | envelope, and return the envelope to an election judge, who
| 2 | | shall then deposit the sealed provisional ballot envelope into | 3 | | a securable
container separately identified and utilized for | 4 | | containing sealed provisional
ballot envelopes. Ballots that | 5 | | are provisional because they are cast after 7:00 p.m. by court
| 6 | | order shall be kept separate from other provisional ballots. | 7 | | Upon the closing of the polls, the securable container shall
be
| 8 | | sealed with filament tape provided for that purpose, which | 9 | | shall be wrapped
around the box lengthwise and crosswise, at | 10 | | least twice each way, and each of
the election judges shall | 11 | | sign the seal.
| 12 | | (c) Instead of the affidavit form described in subsection | 13 | | (b), the county
clerk or board of election commissioners, as | 14 | | the case may be, may design and
use a multi-part affidavit form | 15 | | that is imprinted upon or attached to the
provisional ballot | 16 | | envelope described in subsection (b). If a county clerk or
| 17 | | board of election commissioners elects to design and use its | 18 | | own multi-part
affidavit form, then the county clerk or board | 19 | | of election commissioners shall
establish a mechanism for | 20 | | accepting any information the provisional voter has
supplied to | 21 | | the election judge to support his or her claim that he or she | 22 | | is a
duly registered voter. In all other respects, a county | 23 | | clerk or board of
election commissioners shall establish | 24 | | procedures consistent with subsection
(b).
| 25 | | (d) The county clerk or board of election commissioners, as | 26 | | the case may be,
shall use the completed affidavit form |
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| 1 | | described in subsection (b) to update
the person's voter | 2 | | registration information in the State voter registration
| 3 | | database and voter registration database of the county clerk or | 4 | | board of
election commissioners, as the case may be. If a | 5 | | person is later determined not
to be a registered voter based | 6 | | on Section 18A-15 of this Code, then the
affidavit shall be | 7 | | processed by the county clerk or board of election
| 8 | | commissioners, as the case may be, as a voter registration | 9 | | application.
| 10 | | (Source: P.A. 93-574, eff. 8-21-03; 93-1071, eff. 1-18-05; | 11 | | 94-645, eff. 8-22-05.)
| 12 | | (10 ILCS 5/18A-15)
| 13 | | Sec. 18A-15. Validating and counting provisional ballots.
| 14 | | (a) The county clerk or board of election commissioners | 15 | | shall complete the
validation and counting of provisional | 16 | | ballots within 14 calendar days of
the day of the election. The | 17 | | county clerk or board of election commissioners
shall have 7 | 18 | | calendar days from the completion of the validation and
| 19 | | counting of provisional ballots to conduct its final canvass. | 20 | | The State Board
of Elections shall complete within 31 calendar | 21 | | days of the election or sooner
if all the returns are received, | 22 | | its final canvass of the vote for all public
offices.
| 23 | | (b) If a county clerk or board of election commissioners | 24 | | determines that all
of the following apply, then a provisional | 25 | | ballot is valid and shall be counted
as a vote:
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| 1 | | (1) The provisional voter cast the provisional ballot | 2 | | in the correct
precinct based on the address provided by | 3 | | the provisional voter. The provisional voter's affidavit | 4 | | shall serve as a change of address request by that voter | 5 | | for registration purposes for the next ensuing election if | 6 | | it bears an address different from that in the records of | 7 | | the election authority;
| 8 | | (2) The affidavit executed by the provisional voter | 9 | | pursuant to subsection
(b)(2) of Section 18A-5 contains, at | 10 | | a minimum, the provisional voter's first and last name, | 11 | | house number and street name, and signature or mark; and
| 12 | | (3) the provisional voter is a registered voter based | 13 | | on information
available to the county clerk or board of | 14 | | election commissioners provided by or
obtained from any of | 15 | | the following:
| 16 | | i. the provisional voter;
| 17 | | ii. an election judge;
| 18 | | iii. the statewide voter registration database | 19 | | maintained by the State
Board of Elections;
| 20 | | iv. the records of the county clerk or board of | 21 | | election commissioners'
database; or
| 22 | | v. the records of the Secretary of State ; and . | 23 | | (4) For a provisional ballot cast under item (6) of | 24 | | subsection (a) of Section 18A-5, the voter did not vote by | 25 | | absentee ballot in the election at which the provisional | 26 | | ballot was cast.
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| 1 | | (c) With respect to subsection (b)(3) of this Section, the | 2 | | county clerk or
board of election commissioners shall | 3 | | investigate and record whether or not the specified information | 4 | | is available from each of the 5 identified sources. If the | 5 | | information is available from one or more of the identified | 6 | | sources, then the
county clerk or board of election | 7 | | commissioners shall seek to obtain the
information from each of | 8 | | those sources until satisfied, with information from at least | 9 | | one of those sources, that the provisional voter is registered | 10 | | and entitled to vote. The county clerk
or board of election | 11 | | commissioners shall use any information it obtains as the
basis | 12 | | for determining the voter registration status of the | 13 | | provisional voter.
If a conflict exists among the information | 14 | | available to the county clerk or
board of election | 15 | | commissioners as to the registration status of the
provisional | 16 | | voter, then the county clerk or board of election commissioners
| 17 | | shall make a
determination based on the totality of the | 18 | | circumstances. In a case where the
above information equally | 19 | | supports or opposes the registration status of the
voter, the | 20 | | county clerk or board of election commissioners shall decide in
| 21 | | favor of the provisional voter as being duly registered to | 22 | | vote. If the
statewide voter registration database maintained | 23 | | by the State Board of
Elections indicates that the provisional | 24 | | voter is registered to vote, but the
county clerk's or board of | 25 | | election commissioners' voter registration database
indicates | 26 | | that the provisional voter is not registered to vote, then the
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| 1 | | information found in the statewide voter registration database | 2 | | shall control
the matter and the provisional voter shall be | 3 | | deemed to be registered to vote.
If the records of the county | 4 | | clerk or board of election commissioners indicates
that the | 5 | | provisional
voter is registered to vote, but the statewide | 6 | | voter registration database
maintained by the State Board of | 7 | | Elections indicates that the provisional voter
is not | 8 | | registered to vote, then the information found in the records | 9 | | of the
county clerk or board of election commissioners shall | 10 | | control the matter and
the provisional voter shall be deemed to | 11 | | be registered to vote. If the
provisional voter's signature on | 12 | | his or her provisional ballot request varies
from the signature | 13 | | on
an otherwise valid registration application solely because | 14 | | of the substitution
of initials for the first or middle name, | 15 | | the election authority may not reject
the provisional ballot.
| 16 | | (d) In validating the registration status of a person | 17 | | casting a provisional
ballot, the county clerk or board of | 18 | | election commissioners shall not require a
provisional voter to | 19 | | complete any form other than the affidavit executed by the
| 20 | | provisional voter under subsection (b)(2) of Section 18A-5. In | 21 | | addition,
the
county clerk or board of election commissioners | 22 | | shall not require all
provisional voters or
any particular | 23 | | class or group of provisional voters to appear personally | 24 | | before
the county clerk or board of election commissioners or | 25 | | as a matter of policy
require provisional voters to submit | 26 | | additional information to verify or
otherwise support the |
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| 1 | | information already submitted by the provisional voter.
The | 2 | | provisional voter may, within 2 calendar days after the | 3 | | election, submit
additional information to the county clerk or | 4 | | board of election commissioners.
This information must be | 5 | | received by the county clerk or board of election
commissioners | 6 | | within the 2-calendar-day period.
| 7 | | (e) If the county clerk or board of election commissioners | 8 | | determines that
subsection (b)(1), (b)(2), or (b)(3) does not | 9 | | apply, then the provisional
ballot is not valid
and may not be | 10 | | counted. The provisional ballot envelope containing the ballot
| 11 | | cast by the provisional voter may not be opened. The county | 12 | | clerk or board of
election commissioners shall write on the | 13 | | provisional ballot envelope the
following: "Provisional ballot | 14 | | determined invalid.".
| 15 | | (f) If the county clerk or board of election commissioners | 16 | | determines that a
provisional ballot is valid under this | 17 | | Section, then the provisional ballot
envelope shall be opened. | 18 | | The outside of each provisional ballot
envelope shall
also be
| 19 | | marked to identify the precinct and the date of the election.
| 20 | | (g) Provisional ballots determined to be valid shall be | 21 | | counted at the election authority's central ballot counting | 22 | | location and shall not be counted in precincts. The provisional | 23 | | ballots determined to be valid shall be added to the
vote
| 24 | | totals for the precincts from which they were cast in the order | 25 | | in which the
ballots were opened.
The validation and counting | 26 | | of provisional ballots shall be subject to the
provisions of |
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| 1 | | this Code that apply to pollwatchers.
If the provisional | 2 | | ballots are a ballot of a punch card
voting system, then the | 3 | | provisional ballot shall be counted in a manner
consistent with | 4 | | Article 24A. If the provisional ballots
are a ballot of optical | 5 | | scan or other type of approved electronic voting
system, then | 6 | | the provisional ballots shall be counted in a manner consistent
| 7 | | with Article 24B.
| 8 | | (h) As soon as the ballots have been counted, the election | 9 | | judges or
election officials shall, in
the presence of the | 10 | | county clerk or board of election commissioners, place each
of | 11 | | the following items in a separate envelope or bag: (1) all | 12 | | provisional
ballots, voted or spoiled; (2)
all provisional | 13 | | ballot envelopes of provisional ballots voted or spoiled; and
| 14 | | (3) all executed affidavits
of the provisional ballots voted or | 15 | | spoiled.
All provisional ballot envelopes for provisional | 16 | | voters who have been
determined
not to be registered to vote | 17 | | shall remain sealed. The county clerk or board of
election | 18 | | commissioners shall treat the provisional ballot envelope | 19 | | containing
the written affidavit as a voter registration | 20 | | application for that person for
the next election and process | 21 | | that application.
The election judges or election officials | 22 | | shall then
securely
seal each envelope or bag, initial the | 23 | | envelope or bag, and plainly mark on the
outside of the | 24 | | envelope or bag in ink the precinct in which the provisional
| 25 | | ballots were cast. The election judges or election officials | 26 | | shall then place
each sealed envelope or
bag into a box, secure |
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| 1 | | and seal it in the same manner as described in
item (6) of | 2 | | subsection (b) of Section 18A-5. Each election judge or | 3 | | election
official shall take and subscribe an oath
before the | 4 | | county clerk or
board of election commissioners that the | 5 | | election judge or election official
securely kept the
ballots | 6 | | and papers in the box, did not permit any person to open the | 7 | | box or
otherwise touch or tamper with the ballots and papers in | 8 | | the box, and has no
knowledge of any other person opening the | 9 | | box.
For purposes of this Section, the term "election official" | 10 | | means the county
clerk, a member of the board of election | 11 | | commissioners, as the case may be, and
their respective | 12 | | employees.
| 13 | | (Source: P.A. 93-574, eff. 8-21-03; 94-645, eff. 8-22-05; | 14 | | 94-1000, eff. 7-3-06.)
| 15 | | (10 ILCS 5/19-2.1) (from Ch. 46, par. 19-2.1) | 16 | | Sec. 19-2.1. At the consolidated primary, general primary,
| 17 | | consolidated, and general elections, electors entitled
to vote
| 18 | | by absentee ballot under the provisions of Section 19-1
may | 19 | | vote in person at the office of the municipal clerk, if the | 20 | | elector
is a resident of a municipality not having a board of | 21 | | election commissioners,
or at the office of the township clerk | 22 | | or, in counties not under township
organization, at the office | 23 | | of the road district clerk if the elector is
not a resident of | 24 | | a municipality; provided, in each case that the municipal,
| 25 | | township or road district clerk, as the case may be, is |
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| 1 | | authorized to conduct
in-person absentee voting pursuant to | 2 | | this Section. Absentee voting in such
municipal and township | 3 | | clerk's offices under this Section shall be
conducted from the | 4 | | 22nd day through the day before the election. | 5 | | Municipal and township clerks (or road district clerks) who | 6 | | have regularly
scheduled working hours at regularly designated | 7 | | offices other than a place
of residence and whose offices are | 8 | | open for business during the same hours
as the office of the | 9 | | election authority shall conduct in-person absentee
voting for | 10 | | said elections. Municipal and township clerks (or road district
| 11 | | clerks) who have no regularly scheduled working hours but who | 12 | | have regularly
designated offices other than a place of | 13 | | residence shall conduct in-person
absentee voting for said | 14 | | elections during the hours of 8:30 a.m. to 4:30
p.m. or 9:00 | 15 | | a.m. to 5:00 p.m., weekdays, and 9:00 a.m. to 12:00
noon on | 16 | | Saturdays, but not during such hours as the office of the | 17 | | election
authority is closed, unless the clerk files a written | 18 | | waiver with the
election authority not later than July 1 of | 19 | | each year stating that he or
she is unable to conduct such | 20 | | voting and the reasons therefor. Such clerks
who conduct | 21 | | in-person absentee voting may extend their hours for that
| 22 | | purpose to include any hours in which the election authority's | 23 | | office is
open. Municipal and township clerks (or
road district | 24 | | clerks) who have no regularly scheduled office hours and no
| 25 | | regularly designated offices other than a place of residence | 26 | | may not conduct
in-person absentee voting for said elections. |
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| 1 | | The election authority may
devise alternative methods for | 2 | | in-person absentee voting before said elections
for those | 3 | | precincts located within the territorial area of a municipality
| 4 | | or township (or road district) wherein the clerk of such | 5 | | municipality or
township (or road district) has waived or is | 6 | | not entitled to conduct such
voting.
In addition, electors may | 7 | | vote by absentee ballot under the provisions of
Section 19-1 at | 8 | | the office of the election authority having jurisdiction
over | 9 | | their residence. Unless specifically authorized by the | 10 | | election authority, municipal,
township, and road district | 11 | | clerks shall not conduct in-person absentee
voting. No less | 12 | | than 45 days
before the date of an election, the election | 13 | | authority shall notify the
municipal, township, and road | 14 | | district clerks within its jurisdiction if
they are to conduct | 15 | | in-person absentee voting. Election authorities, however, may | 16 | | conduct in-person absentee voting in one or more designated
| 17 | | appropriate public buildings from the fourth
day before the | 18 | | election through
the day before the election.
| 19 | | In conducting in-person absentee voting under this | 20 | | Section, the respective
clerks shall be required to verify the | 21 | | signature of the absentee
voter by comparison with the | 22 | | signature on the official registration
record card. The clerk | 23 | | also shall reasonably ascertain the identity
of such applicant, | 24 | | shall verify that each such applicant is a registered
voter, | 25 | | and shall verify the precinct in which he or she is registered
| 26 | | and the proper ballots of the political subdivisions in which |
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| 1 | | the
applicant resides and is entitled to vote, prior to | 2 | | providing any
absentee ballot to such applicant. The clerk | 3 | | shall verify the
applicant's registration and from the most | 4 | | recent poll list provided by
the county clerk, and if the | 5 | | applicant is not listed on that poll list
then by telephoning | 6 | | the office of the county clerk. | 7 | | Absentee voting procedures in the office of the municipal, | 8 | | township
and road district clerks shall be subject to all of | 9 | | the applicable
provisions of this Article 19.
Pollwatchers may | 10 | | be appointed to observe in-person absentee voting
procedures | 11 | | and view all reasonably requested records relating to the | 12 | | conduct of the election, provided the secrecy of the ballot is | 13 | | not impinged, at the office of the municipal, township or road | 14 | | district
clerks' offices where such absentee voting is | 15 | | conducted. Such pollwatchers
shall qualify and be appointed in | 16 | | the same manner as provided in Sections
7-34 and 17-23, except | 17 | | each candidate, political party or
organization of citizens may | 18 | | appoint only one pollwatcher for each location
where in-person | 19 | | absentee voting is conducted. Pollwatchers must
be registered | 20 | | to vote in Illinois and possess
valid pollwatcher credentials.
| 21 | | All requirements in this Article
applicable to election | 22 | | authorities shall apply to the respective local
clerks, except | 23 | | where inconsistent with this Section. | 24 | | The sealed absentee ballots in their carrier envelope shall | 25 | | be
delivered by the respective clerks, or by the election | 26 | | authority on behalf of
a clerk if the clerk and the election
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| 1 | | authority agree, to the election authority's central ballot | 2 | | counting location
before the close of the polls on the day of | 3 | | the general primary,
consolidated primary, consolidated, or | 4 | | general election. | 5 | | Not more than 23 days before the general and consolidated
| 6 | | elections, the county clerk shall make available to those
| 7 | | municipal, township and road district clerks conducting | 8 | | in-person absentee
voting within such county, a sufficient
| 9 | | number of applications, absentee ballots, envelopes, and | 10 | | printed voting
instruction slips for use by absentee voters in | 11 | | the offices of such
clerks. The respective clerks shall receipt | 12 | | for all ballots received,
shall return all unused or spoiled | 13 | | ballots to the county clerk on the
day of the election and | 14 | | shall strictly account for all ballots received. | 15 | | The ballots delivered to the respective clerks shall | 16 | | include absentee
ballots for each precinct in the municipality, | 17 | | township or road
district, or shall include such separate | 18 | | ballots for each political
subdivision conducting an election | 19 | | of officers or a referendum on that
election day as will permit | 20 | | any resident of the municipality, township
or road district to | 21 | | vote absentee in the office of the proper clerk. | 22 | | The clerks of all municipalities, townships and road | 23 | | districts may
distribute applications for absentee ballot for | 24 | | the use of voters who
wish to mail such applications to the | 25 | | appropriate election authority. Any person may produce, | 26 | | reproduce, distribute, or return to an election authority the |
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| 1 | | application for absentee ballot. Upon receipt, the appropriate | 2 | | election authority shall accept and promptly process any | 3 | | application for absentee ballot.
| 4 | | (Source: P.A. 96-1008, eff. 7-6-10.) | 5 | | (10 ILCS 5/19-3) (from Ch. 46, par. 19-3) | 6 | | Sec. 19-3. The
application for absentee ballot shall be | 7 | | substantially in the
following form: | 8 | | APPLICATION FOR ABSENTEE BALLOT | 9 | | To be voted at the .... election in the County of .... and | 10 | | State of
Illinois, in the .... precinct of the (1) *township of | 11 | | .... (2) *City of
.... or (3) *.... ward in the City of .... | 12 | | I state that I am a resident of the .... precinct of the | 13 | | (1)
*township of .... (2) *City of .... or (3) *.... ward in | 14 | | the city of
.... residing at .... in such city or town in the | 15 | | county of .... and
State of Illinois; that I have lived at such | 16 | | address for .... month(s)
last past; that I am lawfully | 17 | | entitled to vote in such precinct at the
.... election to be | 18 | | held therein on ....; and that I wish to vote by absentee | 19 | | ballot. | 20 | | I hereby make application for an official ballot or ballots | 21 | | to be
voted by me at such election, and I agree that I shall | 22 | | return such ballot or ballots to the
official issuing the same | 23 | | prior to the closing of the polls on the date
of the election | 24 | | or, if returned by mail, postmarked no later than midnight | 25 | | preceding election day, for counting no later than during the |
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| 1 | | period for counting provisional ballots, the last day of which | 2 | | is the 14th day following election day. | 3 | | I understand that this application is made for an official | 4 | | absentee ballot or ballots to be voted by me at the election | 5 | | specified in this application and that I must submit a separate | 6 | | application for an official absentee ballot or ballots to be | 7 | | voted by me at any subsequent election. | 8 | | Under penalties as provided by law pursuant to Section | 9 | | 29-10 of The
Election Code, the undersigned certifies that the | 10 | | statements set forth
in this application are true and correct. | 11 | | .... | 12 | | *fill in either (1), (2) or (3). | 13 | | Post office address to which ballot is mailed: | 14 | | ............... | 15 | | However, if application is made for a primary election | 16 | | ballot, such
application shall require the applicant to | 17 | | designate the name of the political party with which
the | 18 | | applicant is affiliated. | 19 | | Any person may produce, reproduce, distribute, or return to | 20 | | an election authority the application for absentee ballot. Upon | 21 | | receipt, the appropriate election authority shall accept and | 22 | | promptly process any application for absentee ballot submitted | 23 | | in a form substantially similar to that required by this | 24 | | Section, including any substantially similar production or | 25 | | reproduction generated by the applicant . | 26 | | (Source: P.A. 95-440, eff. 8-27-07; 96-312, eff. 1-1-10; |
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| 1 | | 96-553, eff. 8-17-09; 96-1000, eff. 7-2-10; 96-1008, eff. | 2 | | 7-6-10.) | 3 | | (10 ILCS 5/19A-15)
| 4 | | Sec. 19A-15. Period for early voting; hours.
| 5 | | (a) The period for early voting by personal appearance | 6 | | begins the 15th 22nd day preceding a general primary, | 7 | | consolidated primary, consolidated, or
general election and | 8 | | extends through the 3rd 5th day before election day.
| 9 | | (b) A permanent polling place for early voting must remain | 10 | | open during the
hours of 8:30 a.m. to 4:30 p.m., or 9:00 a.m. | 11 | | to 5:00 p.m., on weekdays and
9:00 a.m. to 12:00 p.m. on | 12 | | Saturdays, Sundays, and holidays; except that, in addition to | 13 | | the hours required by this subsection, a permanent early voting | 14 | | polling place designated by an election authority under | 15 | | subsection (c) of Section 19A-10 must remain open for a total | 16 | | of at least 8 hours on any holiday during the early voting | 17 | | period and a total of at least 14 hours on the final weekend | 18 | | during the early voting period.
| 19 | | (c) Notwithstanding subsections (a) and (b), an election | 20 | | authority may close an early voting polling place if the | 21 | | building in which the polling place is located has been closed | 22 | | by the State or unit of local government in response to a | 23 | | severe weather emergency. In the event of a closure, the | 24 | | election authority shall conduct early voting on the 2nd day | 25 | | before election day from 8:30 a.m. to 4:30 p.m. or 9:00 a.m. to |
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| 1 | | 5:00 p.m. The election authority shall notify the State Board | 2 | | of Elections of any closure and shall make reasonable efforts | 3 | | to provide notice to the public of the extended early voting | 4 | | period. | 5 | | (Source: P.A. 96-637, eff. 1-1-10; 97-81, eff. 7-5-11.)
| 6 | | (10 ILCS 5/24C-12)
| 7 | | Sec. 24C-12. Procedures for Counting and Tallying of
| 8 | | Ballots. In an election jurisdiction where a Direct Recording
| 9 | | Electronic Voting System is used, the following procedures for
| 10 | | counting and tallying the ballots shall apply:
| 11 | | Before the opening of the polls, the judges of elections
| 12 | | shall assemble the voting equipment and devices and turn the
| 13 | | equipment on. The judges shall, if necessary, take steps to
| 14 | | activate the voting devices and counting equipment by inserting
| 15 | | into the equipment and voting devices appropriate data cards
| 16 | | containing passwords and data codes that will select the proper
| 17 | | ballot formats selected for that polling place and that will
| 18 | | prevent inadvertent or unauthorized activation of the | 19 | | poll-opening function.
Before voting begins and before ballots | 20 | | are
entered into the voting devices, the judges of election | 21 | | shall
cause to be printed a record of the following: the | 22 | | election's
identification data, the device's unit | 23 | | identification, the
ballot's format identification, the | 24 | | contents of each active
candidate register by office and of | 25 | | each active public question
register showing that they contain |
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| 1 | | all zero votes, all ballot
fields that can be used to invoke | 2 | | special voting options, and
other information needed to ensure | 3 | | the readiness of the
equipment and to accommodate | 4 | | administrative reporting
requirements. The judges must also | 5 | | check to be sure that the
totals are all zeros in the counting | 6 | | columns and in the public
counter affixed to the voting | 7 | | devices.
| 8 | | After the judges have determined that a person is qualified
| 9 | | to vote, a voting device with the proper ballot to which the
| 10 | | voter is entitled shall be enabled to be used by the voter. The
| 11 | | ballot may then be cast by the voter by marking by appropriate
| 12 | | means the designated area of the ballot for the casting of a
| 13 | | vote for any candidate or for or against any public question.
| 14 | | The voter shall be able to vote for any and all candidates and
| 15 | | public measures appearing on the ballot in any legal number and
| 16 | | combination and the voter shall be able to delete, change or
| 17 | | correct his or her selections before the ballot is cast. The
| 18 | | voter shall be able to select candidates whose names do not
| 19 | | appear upon the ballot for any office by entering | 20 | | electronically
as many names of candidates as the voter is | 21 | | entitled to select
for each office.
| 22 | | Upon completing his or her selection of candidates or
| 23 | | public questions, the voter shall signify that voting has been
| 24 | | completed by activating the appropriate button, switch or | 25 | | active
area of the ballot screen associated with end of voting. | 26 | | Upon
activation, the voting system shall record an image of the
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| 1 | | completed ballot, increment the proper ballot position
| 2 | | registers, and shall signify to the voter that the ballot has
| 3 | | been cast. Upon activation, the voting system shall also print
| 4 | | a permanent paper record of each ballot cast as defined in
| 5 | | Section 24C-2 of this Code. This permanent paper record shall
| 6 | | (i) be printed in a clear, readily readable format that can be | 7 | | easily reviewed by the voter for completeness and accuracy and | 8 | | (ii) either be self-contained within the voting device or be
| 9 | | deposited by the voter into a secure ballot box. No permanent
| 10 | | paper record shall be removed from the polling place except by
| 11 | | election officials as authorized by this Article. All permanent
| 12 | | paper records shall be preserved and secured by election
| 13 | | officials in the same manner as paper ballots and shall be
| 14 | | available as an official record for any recount, redundant
| 15 | | count, or verification or retabulation of the vote count
| 16 | | conducted with respect to any election in which the voting
| 17 | | system is used. The voter shall exit the voting station and
the | 18 | | voting system shall prevent any further attempt to vote
until | 19 | | it has been properly re-activated. If a voting device has
been | 20 | | enabled for voting but the voter leaves the polling place
| 21 | | without casting a ballot, 2 judges of election, one from each | 22 | | of
the 2 major political parties, shall spoil the ballot.
| 23 | | Throughout the election day and before the closing of the
| 24 | | polls, no person may check any vote totals for any candidate or
| 25 | | public question on the voting or counting equipment. Such
| 26 | | equipment shall be programmed so that no person may reset the
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| 1 | | equipment for reentry of ballots unless provided the proper | 2 | | code
from an authorized representative of the election | 3 | | authority.
| 4 | | The precinct judges of election shall check the public
| 5 | | register to determine whether the number of ballots counted by
| 6 | | the voting equipment agrees with the number of voters voting as
| 7 | | shown by the applications for ballot. If the same do not agree,
| 8 | | the judges of election shall immediately contact the offices of
| 9 | | the election authority in charge of the election for further
| 10 | | instructions. If the number of ballots counted by the voting
| 11 | | equipment agrees with the number of voters voting as shown by
| 12 | | the application for ballot, the number shall be listed on the
| 13 | | "Statement of Ballots" form provided by the election authority.
| 14 | | The totals for all candidates and propositions shall be | 15 | | tabulated. One copy of an "In-Precinct Totals Report" shall be | 16 | | generated by the automatic tabulating equipment for return to | 17 | | the election authority. One copy of an "In-Precinct Totals | 18 | | Report" shall be generated and posted in a conspicuous place | 19 | | inside the polling place, provided that any authorized | 20 | | pollwatcher or other official authorized to be present in the | 21 | | polling place to observe the counting of ballots is present. | 22 | | The judges of election shall provide, if requested, a set for | 23 | | each authorized pollwatcher or other official authorized to be | 24 | | present in the polling place to observe the counting of | 25 | | ballots.
In addition, sufficient time
shall be provided by the | 26 | | judges of election to the pollwatchers
to allow them to copy |
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| 1 | | information from the copy which has been
posted.
| 2 | | Until December 31, 2015 2011 , in elections at which | 3 | | fractional cumulative votes are cast for candidates, the | 4 | | tabulation of those fractional cumulative votes may be made by | 5 | | the election authority at its central office location, and 4 | 6 | | copies of a "Certificate of Results" shall be printed by the | 7 | | automatic tabulation equipment and shall be posted in 4 | 8 | | conspicuous places at the central office location where those | 9 | | fractional cumulative votes have been tabulated.
| 10 | | If instructed by the election authority, the judges of
| 11 | | election shall cause the tabulated returns to be transmitted
| 12 | | electronically to the offices of the election authority via
| 13 | | modem or other electronic medium.
| 14 | | The precinct judges of election shall select a bi-partisan
| 15 | | team of 2 judges, who shall immediately return the ballots in a
| 16 | | sealed container, along with all other election materials and
| 17 | | equipment as instructed by the election authority; provided,
| 18 | | however, that such container must first be sealed by the
| 19 | | election judges with filament tape or other approved sealing
| 20 | | devices provided for the purpose in a manner that the ballots
| 21 | | cannot be removed from the container without breaking the seal
| 22 | | or filament tape and disturbing any signatures affixed by the
| 23 | | election judges to the container. The election authority shall
| 24 | | keep the office of the election authority, or any receiving
| 25 | | stations designated by the authority, open for at least 12
| 26 | | consecutive hours after the polls close or until the ballots |
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| 1 | | and
election material and equipment from all precincts within | 2 | | the
jurisdiction of the election authority have been returned | 3 | | to the
election authority. Ballots and election materials and
| 4 | | equipment returned to the office of the election authority | 5 | | which
are not signed and sealed as required by law shall not be
| 6 | | accepted by the election authority until the judges returning
| 7 | | the ballots make and sign the necessary corrections. Upon
| 8 | | acceptance of the ballots and election materials and equipment
| 9 | | by the election authority, the judges returning the ballots
| 10 | | shall take a receipt signed by the election authority and
| 11 | | stamped with the time and date of the return. The election
| 12 | | judges whose duty it is to return any ballots and election
| 13 | | materials and equipment as provided shall, in the event the
| 14 | | ballots, materials or equipment cannot be found when needed, on
| 15 | | proper request, produce the receipt which they are to take as
| 16 | | above provided.
| 17 | | (Source: P.A. 95-699, eff. 11-9-07; 96-1549, eff. 3-10-11.)
| 18 | | Section 99. Effective date. This Act takes effect July 1, | 19 | | 2012.".
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