Illinois General Assembly - Full Text of SB3722
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Full Text of SB3722  97th General Assembly

SB3722ham004 97TH GENERAL ASSEMBLY

Rep. Barbara Flynn Currie

Filed: 5/29/2012

 

 


 

 


 
09700SB3722ham004LRB097 17968 PJG 70318 a

1
AMENDMENT TO SENATE BILL 3722

2    AMENDMENT NO. ______. Amend Senate Bill 3722, AS AMENDED,
3by replacing everything after the enacting clause with the
4following:
 
5    "Section 5. The Election Code is amended by changing
6Sections 4-50, 5-50, 6-100, 9-1.8, 9-1.9, 9-1.15, 9-2, 9-3,
79-7, 9-8.5, 9-8.6, 9-10, 9-15, 9-28.5, 16-6, 18A-5, 18A-15,
819-2.1, 19-3, 19A-15, and 24C-12 and by adding Section 1-11 as
9follows:
 
10    (10 ILCS 5/1-11 new)
11    Sec. 1-11. Public university voting. For the 2012 general
12election, each appropriate election authority shall, in
13addition to the early voting conducted at locations otherwise
14required by law, conduct early voting in a high traffic
15location on the campus of a public university within the
16election authority's jurisdiction. For the purposes of this

 

 

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1Section, "public university" means the University of Illinois
2at its campuses in Urbana-Champaign and Springfield, Southern
3Illinois University at its campuses in Carbondale and
4Edwardsville, Eastern Illinois University, Illinois State
5University, Northern Illinois University, and Western Illinois
6University at its campuses in Macomb and Moline. The voting
7required by this Section to be conducted on campus must be
8conducted as otherwise required by Article 19A of this Code. If
9an election authority has voting equipment that can accommodate
10a ballot in every form required in the election authority's
11jurisdiction, then the election authority shall extend early
12voting under this Section to any registered voter in the
13election authority's jurisdiction. However, if the election
14authority does not have voting equipment that can accommodate a
15ballot in every form required in the election authority's
16jurisdiction, then the election authority may limit early
17voting under this Section to registered voters in precincts
18where the public university is located and precincts bordering
19the university. Each public university shall make the space
20available in a high traffic area for, and cooperate and
21coordinate with the appropriate election authority in, the
22implementation of this Section. This Section is repealed on May
2331, 2013.
 
24    (10 ILCS 5/4-50)
25    Sec. 4-50. Grace period. Notwithstanding any other

 

 

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1provision of this Code to the contrary, each election authority
2shall establish procedures for the registration of voters and
3for change of address during the period from the close of
4registration for a primary or election and until the 3rd 7th
5day before the primary or election. During this grace period,
6an unregistered qualified elector may register to vote, and a
7registered voter may submit a change of address form, in person
8in the office of the election authority or at a voter
9registration location specifically designated for this purpose
10by the election authority. The election authority shall
11register that individual, or change a registered voter's
12address, in the same manner as otherwise provided by this
13Article for registration and change of address.
14    If a voter who registers or changes address during this
15grace period wishes to vote at the first election or primary
16occurring after the grace period, he or she must do so by grace
17period voting, either in person in the office of the election
18authority or at a location specifically designated for this
19purpose by the election authority, or by mail, at the
20discretion of the election authority. Grace period voting shall
21be in a manner substantially similar to voting under Article
2219.
23    Within one day after a voter casts a grace period ballot,
24the election authority shall transmit the voter's name, street
25address, and precinct, ward, township, and district numbers, as
26the case may be, to the State Board of Elections, which shall

 

 

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1maintain those names and that information in an electronic
2format on its website, arranged by county and accessible to
3State and local political committees. The name of each person
4issued a grace period ballot shall also be placed on the
5appropriate precinct list of persons to whom absentee and early
6ballots have been issued, for use as provided in Sections 17-9
7and 18-5.
8    A person who casts a grace period ballot shall not be
9permitted to revoke that ballot and vote another ballot with
10respect to that primary or election. Ballots cast by persons
11who register or change address during the grace period must be
12transmitted to and counted at the election authority's central
13ballot counting location and shall not be transmitted to and
14counted at precinct polling places. The grace period ballots
15determined to be valid shall be added to the vote totals for
16the precincts for which they were cast in the order in which
17the 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
21provision of this Code to the contrary, each election authority
22shall establish procedures for the registration of voters and
23for change of address during the period from the close of
24registration for a primary or election and until the 3rd 7th
25day before the primary or election. During this grace period,

 

 

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1an unregistered qualified elector may register to vote, and a
2registered voter may submit a change of address form, in person
3in the office of the election authority or at a voter
4registration location specifically designated for this purpose
5by the election authority. The election authority shall
6register that individual, or change a registered voter's
7address, in the same manner as otherwise provided by this
8Article for registration and change of address.
9     If a voter who registers or changes address during this
10grace period wishes to vote at the first election or primary
11occurring after the grace period, he or she must do so by grace
12period voting, either in person in the office of the election
13authority or at a location specifically designated for this
14purpose by the election authority, or by mail, at the
15discretion of the election authority. Grace period voting shall
16be in a manner substantially similar to voting under Article
1719.
18    Within one day after a voter casts a grace period ballot,
19the election authority shall transmit the voter's name, street
20address, and precinct, ward, township, and district numbers, as
21the case may be, to the State Board of Elections, which shall
22maintain those names and that information in an electronic
23format on its website, arranged by county and accessible to
24State and local political committees. The name of each person
25issued a grace period ballot shall also be placed on the
26appropriate precinct list of persons to whom absentee and early

 

 

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1ballots have been issued, for use as provided in Sections 17-9
2and 18-5.
3    A person who casts a grace period ballot shall not be
4permitted to revoke that ballot and vote another ballot with
5respect to that primary or election. Ballots cast by persons
6who register or change address during the grace period must be
7transmitted to and counted at the election authority's central
8ballot counting location and shall not be transmitted to and
9counted at precinct polling places. The grace period ballots
10determined to be valid shall be added to the vote totals for
11the precincts for which they were cast in the order in which
12the 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
16provision of this Code to the contrary, each election authority
17shall establish procedures for the registration of voters and
18for change of address during the period from the close of
19registration for a primary or election and until the 3rd 7th
20day before the primary or election. During this grace period,
21an unregistered qualified elector may register to vote, and a
22registered voter may submit a change of address form, in person
23in the office of the election authority or at a voter
24registration location specifically designated for this purpose
25by the election authority. The election authority shall

 

 

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1register that individual, or change a registered voter's
2address, in the same manner as otherwise provided by this
3Article for registration and change of address.
4    If a voter who registers or changes address during this
5grace period wishes to vote at the first election or primary
6occurring after the grace period, he or she must do so by grace
7period voting, either in person in the office of the election
8authority or at a location specifically designated for this
9purpose by the election authority, or by mail, at the
10discretion of the election authority. Grace period voting shall
11be in a manner substantially similar to voting under Article
1219.
13    Within one day after a voter casts a grace period ballot,
14the election authority shall transmit the voter's name, street
15address, and precinct, ward, township, and district numbers, as
16the case may be, to the State Board of Elections, which shall
17maintain those names and that information in an electronic
18format on its website, arranged by county and accessible to
19State and local political committees. The name of each person
20issued a grace period ballot shall also be placed on the
21appropriate precinct list of persons to whom absentee and early
22ballots have been issued, for use as provided in Sections 17-9
23and 18-5.
24    A person who casts a grace period ballot shall not be
25permitted to revoke that ballot and vote another ballot with
26respect to that primary or election. Ballots cast by persons

 

 

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1who register or change address during the grace period must be
2transmitted to and counted at the election authority's central
3ballot counting location and shall not be transmitted to and
4counted at precinct polling places. The grace period ballots
5determined to be valid shall be added to the vote totals for
6the precincts for which they were cast in the order in which
7the 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
12committee, a political party committee, a political action
13committee, and a ballot initiative committee, and an
14independent expenditure committee.
15    (b) "Candidate political committee" means the candidate
16himself or herself or any natural person, trust, partnership,
17corporation, or other organization or group of persons
18designated by the candidate that accepts contributions or makes
19expenditures during any 12-month period in an aggregate amount
20exceeding $3,000 on behalf of the candidate.
21    (c) "Political party committee" means the State central
22committee of a political party, a county central committee of a
23political party, a legislative caucus committee, or a committee
24formed by a ward or township committeeman of a political party.
25For purposes of this Article, a "legislative caucus committee"

 

 

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1means a committee established for the purpose of electing
2candidates to the General Assembly by the person elected
3President of the Senate, Minority Leader of the Senate, Speaker
4of the House of Representatives, Minority Leader of the House
5of Representatives, or a committee established by 5 or more
6members of the same caucus of the Senate or 10 or more members
7of the same caucus of the House of Representatives.
8    (d) "Political action committee" means any natural person,
9trust, partnership, committee, association, corporation, or
10other organization or group of persons, other than a candidate,
11political party, candidate political committee, or political
12party committee, that accepts contributions or makes
13expenditures during any 12-month period in an aggregate amount
14exceeding $3,000 on behalf of or in opposition to a candidate
15or candidates for public office. "Political action committee"
16includes any natural person, trust, partnership, committee,
17association, corporation, or other organization or group of
18persons, other than a candidate, political party, candidate
19political committee, or political party committee, that makes
20electioneering communications during any 12-month period in an
21aggregate amount exceeding $3,000 related to any candidate or
22candidates for public office.
23    (e) "Ballot initiative committee" means any natural
24person, trust, partnership, committee, association,
25corporation, or other organization or group of persons that
26accepts contributions or makes expenditures during any

 

 

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112-month period in an aggregate amount exceeding $3,000 in
2support of or in opposition to any question of public policy to
3be submitted to the electors. "Ballot initiative committee"
4includes any natural person, trust, partnership, committee,
5association, corporation, or other organization or group of
6persons that makes electioneering communications during any
712-month period in an aggregate amount exceeding $3,000 related
8to any question of public policy to be submitted to the voters.
9The $3,000 threshold applies to any contributions or
10expenditures received or made with the purpose of securing a
11place on the ballot for, advocating the defeat or passage of,
12or engaging in electioneering communication regarding the
13question of public policy, regardless of the method of
14initiation of the question of public policy and regardless of
15whether petitions have been circulated or filed with the
16appropriate office or whether the question has been adopted and
17certified by the governing body.
18    (f) "Independent expenditure committee" means any trust,
19partnership, committee, association, corporation, or other
20organization or group of persons formed for the exclusive
21purpose of making independent expenditures during any 12-month
22period in an aggregate amount exceeding $3,000 in support of or
23in opposition to (i) the nomination for election, election,
24retention, or defeat of any public official or candidate or
25(ii) any question of public policy to be submitted to the
26electors. "Independent expenditure committee" also includes

 

 

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1any trust, partnership, committee, association, corporation,
2or other organization or group of persons that makes
3electioneering communications that are not made in connection,
4consultation, or concert with or at the request or suggestion
5of a public official or candidate, a public official's or
6candidate's designated political committee or campaign, or an
7agent or agents of the public official, candidate, or political
8committee or campaign during any 12-month period in an
9aggregate amount exceeding $3,000 related to (i) the nomination
10for election, election, retention, or defeat of any public
11official or candidate or (ii) any question of public policy to
12be 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
16the following:
17    (1) For a candidate political committee organized to
18support a candidate to be elected at a general primary election
19or general election, (i) the period beginning January 1
20following the general election for the office to which a
21candidate seeks nomination or election and ending on the day of
22the general primary election for that office or (ii) the period
23beginning the day after a general primary election for the
24office to which the candidate seeks nomination or election and
25through December 31 following the general election.

 

 

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1    (2) Notwithstanding paragraph (1), for a candidate
2political committee organized to support a candidate for the
3General Assembly, (i) the period beginning January 1 following
4a general election and ending on the day of the next general
5primary election or (ii) the period beginning the day after the
6general primary election and ending on December 31 following a
7general election.
8    (3) For a candidate political committee organized to
9support a candidate for a retention election, (i) the period
10beginning January 1 following the general election at which the
11candidate was elected through the day the candidate files a
12declaration of intent to seek retention or (ii) the period
13beginning the day after the candidate files a declaration of
14intent to seek retention through December 31 following the
15retention election.
16    (4) For a candidate political committee organized to
17support a candidate to be elected at a consolidated primary
18election or consolidated election, (i) the period beginning
19July 1 following a consolidated election and ending on the day
20of the consolidated primary election or (ii) the period
21beginning the day after the consolidated primary election and
22ending on June 30 following a consolidated election.
23    (5) For a political party committee, political action
24committee, or ballot initiative committee, or independent
25expenditure committee, the period beginning on January 1 and
26ending 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
4expenditure" means any payment, gift, donation, or expenditure
5of funds (i) by a natural person or political committee for the
6purpose of making electioneering communications or of
7expressly advocating for or against the nomination for
8election, election, retention, or defeat of a clearly
9identifiable public official or candidate or for or against any
10question of public policy to be submitted to the voters and
11(ii) that is not made in connection, consultation, or concert
12with or at the request or suggestion of the public official or
13candidate, the public official's or candidate's designated
14political committee or campaign, or the agent or agents of the
15public official, candidate, or political committee or
16campaign.
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)
21candidate political committee, (ii) political party committee,
22(iii) political action committee, or (iv) ballot initiative
23committee, or (v) independent expenditure committee.
24    (b) Beginning January 1, 2011, no public official or

 

 

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1candidate for public office may maintain or establish more than
2one candidate political committee for each office that public
3official or candidate holds or is seeking. The name of each
4candidate political committee shall identify the name of the
5public official or candidate supported by the candidate
6political committee. If a candidate establishes separate
7candidate political committees for each public office, the name
8of each candidate political committee shall also include the
9public office to which the candidate seeks nomination for
10election, election, or retention. If a candidate establishes
11one candidate political committee for multiple offices elected
12at different elections, then the candidate shall designate an
13election cycle, as defined in Section 9-1.9, for purposes of
14contribution limitations and reporting requirements set forth
15in this Article. No political committee, other than a candidate
16political committee, may include the name of a candidate in its
17name.
18    (c) Beginning January 1, 2011, no State central committee
19of a political party, county central committee of a political
20party, committee formed by a ward or township committeeman, or
21committee established for the purpose of electing candidates to
22the General Assembly may maintain or establish more than one
23political party committee. The name of the committee must
24include the name of the political party.
25    (d) Beginning January 1, 2011, no natural person, trust,
26partnership, committee, association, corporation, or other

 

 

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1organization or group of persons forming a political action
2committee shall maintain or establish more than one political
3action committee. The name of a political action committee must
4include the name of the entity forming the committee. This
5subsection does not apply to independent expenditure
6committees.
7    (e) Beginning January 1, 2011, the name of a ballot
8initiative committee must include words describing the
9question of public policy and whether the group supports or
10opposes the question.
11    (f) Every political committee shall designate a chairman
12and a treasurer. The same person may serve as both chairman and
13treasurer of any political committee. A candidate who
14administers his own campaign contributions and expenditures
15shall be deemed a political committee for purposes of this
16Article and shall designate himself as chairman, treasurer, or
17both chairman and treasurer of such political committee. The
18treasurer of a political committee shall be responsible for
19keeping the records and filing the statements and reports
20required by this Article.
21    (g) No contribution and no expenditure shall be accepted or
22made by or on behalf of a political committee at a time when
23there is a vacancy in the office of chairman or treasurer
24thereof. No expenditure shall be made for or on behalf of a
25political committee without the authorization of its chairman
26or treasurer, or their designated agents.

 

 

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1    (h) For purposes of implementing the changes made by this
2amendatory Act of the 96th General Assembly, every political
3committee in existence on the effective date of this amendatory
4Act of the 96th General Assembly shall make the designation
5required 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
10Board of Elections a statement of organization within 10
11business days of the creation of such committee, except any
12political committee created within the 30 days before an
13election shall file a statement of organization within 2
14business days in person, by facsimile transmission, or by
15electronic mail. Any change in information previously
16submitted in a statement of organization shall be reported, as
17required for the original statement of organization by this
18Section, within 10 days following that change. A political
19committee that acts as both a state political committee and a
20local political committee shall file a copy of each statement
21of organization with the State Board of Elections and the
22county clerk. The Board shall impose a civil penalty of $50 per
23business day upon political committees for failing to file or
24late filing of a statement of organization. Such penalties
25shall not exceed $5,000, and shall not exceed $10,000 for

 

 

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1statewide office political committees. There shall be no fine
2if the statement is mailed and postmarked at least 72 hours
3prior to the filing deadline.
4    In addition to the civil penalties authorized by this
5Section, the State Board of Elections or any other political
6committee may apply to the circuit court for a temporary
7restraining order or a preliminary or permanent injunction
8against the political committee to cease the expenditure of
9funds and to cease operations until the statement of
10organization is filed.
11    For the purpose of this Section, "statewide office" means
12the Governor, Lieutenant Governor, Secretary of State,
13Attorney 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)
10any person, organization, corporation, or association that
11contributes at least 33% of the total funding of the political
12committee or (ii) any person or other entity that is registered
13or is required to register under the Lobbyist Registration Act
14and contributes at least 33% of the total funding of the
15political committee.
16    (c) Each statement of organization required to be filed in
17accordance with this Section shall be verified, dated, and
18signed by either the treasurer of the political committee
19making the statement or the candidate on whose behalf the
20statement is made and shall contain substantially the following
21verification:
22
"VERIFICATION:
23    I declare that this statement of organization (including
24any accompanying schedules and statements) has been examined by
25me and, to the best of my knowledge and belief, is a true,
26correct, and complete statement of organization as required by

 

 

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1Article 9 of the Election Code. I understand that willfully
2filing a false or incomplete statement is subject to a civil
3penalty 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
7committee also shall include a verification signed by the
8chairperson of the committee that (i) the committee is formed
9for the purpose of supporting or opposing a question of public
10policy, (ii) all contributions and expenditures of the
11committee will be used for the purpose described in the
12statement of organization, (iii) the committee may accept
13unlimited contributions from any source, provided that the
14ballot initiative committee does not make contributions or
15expenditures in support of or opposition to a candidate or
16candidates for nomination for election, election, or
17retention, and (iv) failure to abide by these requirements
18shall deem the committee in violation of this Article.
19    (d-5) The statement of organization for an independent
20expenditure committee also shall include a verification signed
21by the chairperson of the committee that (i) the committee is
22formed for the exclusive purpose of making independent
23expenditures, (ii) all contributions and expenditures of the
24committee will be used for the purpose described in the
25statement of organization, (iii) the committee may accept
26unlimited contributions from any source, provided that the

 

 

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1independent expenditure committee does not make contributions
2to any candidate political committee, political party
3committee, or political action committee, and (iv) failure to
4abide by these requirements shall deem the committee in
5violation of this Article.
6    (e) For purposes of implementing the changes made by this
7amendatory Act of the 96th General Assembly, every political
8committee in existence on the effective date of this amendatory
9Act of the 96th General Assembly shall file the statement
10required 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
15of a political committee shall keep a detailed and exact
16account 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
4required by this section for a period of 2 years.
5    (2) The treasurer of a political committee shall keep a
6detailed and exact account of the total amount of contributions
7made to or for a committee at an event licensed under Section
88.1 of the Raffles Act. For an event licensed under Section
98.1, the treasurer is not required to keep a detailed and exact
10account of the full name and mailing address of a person who
11purchases tickets at the event in an amount that does not
12exceed $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
17contributions except as provided in this Section.
18    (b) During an election cycle, a candidate political
19committee may not accept contributions with an aggregate value
20over the following: (i) $5,000 from any individual, (ii)
21$10,000 from any corporation, labor organization, or
22association, or (iii) $50,000 from a candidate political
23committee or political action committee. A candidate political
24committee may accept contributions in any amount from a
25political party committee except during an election cycle in

 

 

09700SB3722ham004- 22 -LRB097 17968 PJG 70318 a

1which the candidate seeks nomination at a primary election.
2During an election cycle in which the candidate seeks
3nomination at a primary election, a candidate political
4committee may not accept contributions from political party
5committees with an aggregate value over the following: (i)
6$200,000 for a candidate political committee established to
7support a candidate seeking nomination to statewide office,
8(ii) $125,000 for a candidate political committee established
9to support a candidate seeking nomination to the Senate, the
10Supreme Court or Appellate Court in the First Judicial
11District, or an office elected by all voters in a county with
121,000,000 or more residents, (iii) $75,000 for a candidate
13political committee established to support a candidate seeking
14nomination to the House of Representatives, the Supreme Court
15or Appellate Court for a Judicial District other than the First
16Judicial District, an office elected by all voters of a county
17of fewer than 1,000,000 residents, and municipal and county
18offices in Cook County other than those elected by all voters
19of Cook County, and (iv) $50,000 for a candidate political
20committee established to support the nomination of a candidate
21to any other office. A candidate political committee
22established to elect a candidate to the General Assembly may
23accept contributions from only one legislative caucus
24committee. A candidate political committee may not accept
25contributions from a ballot initiative committee or from an
26independent expenditure committee.

 

 

09700SB3722ham004- 23 -LRB097 17968 PJG 70318 a

1    (c) During an election cycle, a political party committee
2may not accept contributions with an aggregate value over the
3following: (i) $10,000 from any individual, (ii) $20,000 from
4any corporation, labor organization, or association, or (iii)
5$50,000 from a political action committee. A political party
6committee may accept contributions in any amount from another
7political party committee or a candidate political committee,
8except as provided in subsection (c-5). Nothing in this Section
9shall limit the amounts that may be transferred between a State
10political party committee established under subsection (a) of
11Section 7-8 of this Code and an affiliated federal political
12committee established under the Federal Election Code by the
13same political party. A political party committee may not
14accept contributions from a ballot initiative committee or from
15an independent expenditure committee. A political party
16committee established by a legislative caucus may not accept
17contributions from another political party committee
18established by a legislative caucus.
19    (c-5) During the period beginning on the date candidates
20may begin circulating petitions for a primary election and
21ending on the day of the primary election, a political party
22committee may not accept contributions with an aggregate value
23over $50,000 from a candidate political committee or political
24party committee. A political party committee may accept
25contributions in any amount from a candidate political
26committee or political party committee if the political party

 

 

09700SB3722ham004- 24 -LRB097 17968 PJG 70318 a

1committee receiving the contribution filed a statement of
2nonparticipation in the primary as provided in subsection
3(c-10). The Task Force on Campaign Finance Reform shall study
4and make recommendations on the provisions of this subsection
5to the Governor and General Assembly by September 30, 2012.
6This subsection becomes inoperative on July 1, 2013 and
7thereafter no longer applies.
8    (c-10) A political party committee that does not intend to
9make contributions to candidates to be nominated at a general
10primary election or consolidated primary election may file a
11Statement of Nonparticipation in a Primary Election with the
12Board. The Statement of Nonparticipation shall include a
13verification signed by the chairperson and treasurer of the
14committee that (i) the committee will not make contributions or
15coordinated expenditures in support of or opposition to a
16candidate or candidates to be nominated at the general primary
17election or consolidated primary election (select one) to be
18held on (insert date), (ii) the political party committee may
19accept unlimited contributions from candidate political
20committees and political party committees, provided that the
21political party committee does not make contributions to a
22candidate or candidates to be nominated at the primary
23election, and (iii) failure to abide by these requirements
24shall deem the political party committee in violation of this
25Article and subject the committee to a fine of no more than
26150% of the total contributions or coordinated expenditures

 

 

09700SB3722ham004- 25 -LRB097 17968 PJG 70318 a

1made by the committee in violation of this Article. This
2subsection becomes inoperative on July 1, 2013 and thereafter
3no longer applies.
4    (d) During an election cycle, a political action committee
5may not accept contributions with an aggregate value over the
6following: (i) $10,000 from any individual, (ii) $20,000 from
7any corporation, labor organization, political party
8committee, or association, or (iii) $50,000 from a political
9action committee or candidate political committee. A political
10action committee may not accept contributions from a ballot
11initiative committee or from an independent expenditure
12committee.
13    (e) A ballot initiative committee may accept contributions
14in any amount from any source, provided that the committee
15files the document required by Section 9-3 of this Article and
16files the disclosure reports required by the provisions of this
17Article.
18    (e-5) An independent expenditure committee may accept
19contributions in any amount from any source, provided that the
20committee files the document required by Section 9-3 of this
21Article and files the disclosure reports required by the
22provisions of this Article.
23    (f) Nothing in this Section shall prohibit a political
24committee from dividing the proceeds of joint fundraising
25efforts; provided that no political committee may receive more
26than the limit from any one contributor, and provided that an

 

 

09700SB3722ham004- 26 -LRB097 17968 PJG 70318 a

1independent expenditure committee may not conduct joint
2fundraising efforts with a candidate political committee or a
3political party committee.
4    (g) On January 1 of each odd-numbered year, the State Board
5of Elections shall adjust the amounts of the contribution
6limitations established in this Section for inflation as
7determined by the Consumer Price Index for All Urban Consumers
8as issued by the United States Department of Labor and rounded
9to the nearest $100. The State Board shall publish this
10information on its official website.
11    (h) Self-funding candidates. If a public official, a
12candidate, or the public official's or candidate's immediate
13family contributes or loans to the public official's or
14candidate's political committee or to other political
15committees that transfer funds to the public official's or
16candidate's political committee or makes independent
17expenditures for the benefit of the public official's or
18candidate's campaign during the 12 months prior to an election
19in an aggregate amount of more than (i) $250,000 for statewide
20office or (ii) $100,000 for all other elective offices, then
21the public official or candidate shall file with the State
22Board of Elections, within one day, a Notification of
23Self-funding that shall detail each contribution or loan made
24by the public official, the candidate, or the public official's
25or candidate's immediate family. Within 2 business days after
26the filing of a Notification of Self-funding, the notification

 

 

09700SB3722ham004- 27 -LRB097 17968 PJG 70318 a

1shall be posted on the Board's website and the Board shall give
2official notice of the filing to each candidate for the same
3office as the public official or candidate making the filing,
4including the public official or candidate filing the
5Notification of Self-funding. Upon receiving notice from the
6Board, all candidates for that office, including the public
7official or candidate who filed a Notification of Self-funding,
8shall be permitted to accept contributions in excess of any
9contribution limits imposed by subsection (b). For the purposes
10of this subsection, "immediate family" means the spouse,
11parent, or child of a public official or candidate.
12    (h-5) If a natural person or independent expenditure
13committee makes independent expenditures in support of or in
14opposition to the campaign of a particular public official or
15candidate in an aggregate amount of more than (i) $250,000 for
16statewide office or (ii) $100,000 for all other elective
17offices in an election cycle, as reported in a written
18disclosure filed under subsection (a) of Section 9-8.6 or
19subsection (e-5) of Section 9-10, then the State Board of
20Elections shall, within 2 business days after the filing of the
21disclosure, post the disclosure on the Board's website and give
22official notice of the disclosure to each candidate for the
23same office as the public official or candidate for whose
24benefit the natural person or independent expenditure
25committee made independent expenditures. Upon receiving notice
26from the Board, all candidates for that office in that

 

 

09700SB3722ham004- 28 -LRB097 17968 PJG 70318 a

1election, including the public official or candidate for whose
2benefit the natural person or independent expenditure
3committee made independent expenditures, shall be permitted to
4accept contributions in excess of any contribution limits
5imposed by subsection (b). The Campaign Finance Task Force
6shall submit a report to the Governor and General Assembly no
7later than February 1, 2013. The report shall examine and make
8recommendations regarding the provisions in this subsection
9including, but not limited to, case law concerning independent
10expenditures, the manner in which independent expenditures are
11handled in the other states and at the federal level,
12independent expenditures made in Illinois during the 2012
13general primary and, separately, the 2012 general election, and
14independent expenditures made at the federal level during the
152012 general election. The Task Force shall conduct at least 2
16public hearings regarding independent expenditures.
17    (i) For the purposes of this Section, a corporation, labor
18organization, association, or a political action committee
19established by a corporation, labor organization, or
20association may act as a conduit in facilitating the delivery
21to a political action committee of contributions made through
22dues, levies, or similar assessments and the political action
23committee may report the contributions in the aggregate,
24provided that: (i) contributions made through the dues, levies,
25or similar assessments paid by any natural person, corporation,
26labor organization, or association in a calendar year may not

 

 

09700SB3722ham004- 29 -LRB097 17968 PJG 70318 a

1exceed the limits set forth in this Section; and (ii) the
2corporation, labor organization, association, or a political
3action committee established by a corporation, labor
4organization, or association facilitating the delivery of
5contributions maintains a list of natural persons,
6corporations, labor organizations, and associations that paid
7the dues, levies, or similar assessments from which the
8contributions comprising the aggregate amount derive; and
9(iii) contributions made through dues, levies, or similar
10assessments paid by any natural person, corporation, labor
11organization, or association that exceed $500 in a quarterly
12reporting period shall be itemized on the committee's quarterly
13report and may not be reported in the aggregate. A political
14action committee facilitating the delivery of contributions or
15receiving contributions shall disclose the amount of
16contributions made through dues delivered or received and the
17name of the corporation, labor organization, association, or
18political action committee delivering the contributions, if
19applicable. On January 1 of each odd-numbered year, the State
20Board of Elections shall adjust the amounts of the contribution
21limitations established in this subsection for inflation as
22determined by the Consumer Price Index for All Urban Consumers
23as issued by the United States Department of Labor and rounded
24to the nearest $100. The State Board shall publish this
25information on its official website.
26    (j) A political committee that receives a contribution or

 

 

09700SB3722ham004- 30 -LRB097 17968 PJG 70318 a

1transfer in violation of this Section shall dispose of the
2contribution or transfer by returning the contribution or
3transfer, or an amount equal to the contribution or transfer,
4to the contributor or transferor or donating the contribution
5or transfer, or an amount equal to the contribution or
6transfer, to a charity. A contribution or transfer received in
7violation of this Section that is not disposed of as provided
8in this subsection within 30 15 days after the Board sends
9notification to the political committee of the excess
10contribution by certified mail its receipt shall escheat to the
11General Revenue Fund and the political committee shall be
12deemed in violation of this Section and subject to a civil
13penalty not to exceed 150% of the total amount of the
14contribution.
15    (k) For the purposes of this Section, "statewide office"
16means the Governor, Lieutenant Governor, Attorney General,
17Secretary of State, Comptroller, and Treasurer.
18    (l) This Section is repealed if and when the United States
19Supreme Court invalidates contribution limits on committees
20formed to assist candidates, political parties, corporations,
21associations, or labor organizations established by or
22pursuant 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.

 

 

09700SB3722ham004- 31 -LRB097 17968 PJG 70318 a

1    (a) An independent expenditure is not considered a
2contribution to a political committee. An expenditure made by a
3natural person or political committee for an electioneering
4communication in connection, consultation, or concert with or
5at the request or suggestion of the public official or
6candidate, the public official's or candidate's candidate
7political committee, or the agent or agents of the public
8official, candidate, or political committee or campaign shall
9not be considered an independent expenditure but rather shall
10be considered a contribution to the public official's or
11candidate's candidate political committee.
12    A natural person who makes an independent expenditure
13supporting or opposing a public official or candidate that,
14alone or in combination with any other independent expenditure
15made by that natural person supporting or opposing that public
16official or candidate during any 12-month period, equals an
17aggregate value of at least $3,000 must file a written
18disclosure with the State Board of Elections within 2 business
19days after making any expenditure that results in the natural
20person meeting or exceeding the $3,000 threshold. A natural
21person who has made a written disclosure with the State Board
22of Elections shall have a continuing obligation to report
23further expenditures in relation to the same election, in
24$1,000 increments, to the State Board until the conclusion of
25that election. A natural person who makes an independent
26expenditure supporting or opposing a public official or

 

 

09700SB3722ham004- 32 -LRB097 17968 PJG 70318 a

1candidate that, alone or in combination with any other
2independent expenditure made by that natural person supporting
3or opposing that public official or candidate during the
4election cycle, equals an aggregate value of more than (i)
5$250,000 for statewide office or (ii) $100,000 for all other
6elective offices must file a written disclosure with the State
7Board of Elections within 2 business days after making any
8expenditure that results in the natural person exceeding the
9applicable threshold. Each disclosure must identify the
10natural person, the public official or candidate supported or
11opposed, the date, amount, and nature of each independent
12expenditure, and the natural person's occupation and employer.
13    (b) Any entity other than a natural person that makes
14expenditures of any kind in an aggregate amount exceeding
15$3,000 during any 12-month period supporting or opposing a
16public official or candidate must organize as a political
17committee in accordance with this Article.
18    (c) Every political committee that makes independent
19expenditures must report all such independent expenditures as
20required under Section 9-10 of this Article.
21    (d) In the event that a political committee organized as an
22independent expenditure committee makes a contribution to any
23other political committee other than another independent
24expenditure committee or a ballot initiative committee, the
25State Board shall assess a fine equal to the amount of any
26contribution received in the preceding 2 years by the

 

 

09700SB3722ham004- 33 -LRB097 17968 PJG 70318 a

1independent expenditure committee that exceeded the limits for
2a political action committee set forth in subsection (d) of
3Section 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
8with the Board reports of campaign contributions and
9expenditures as required by this Section on forms to be
10prescribed or approved by the Board.
11    (b) Every political committee shall file quarterly reports
12of campaign contributions, expenditures, and independent
13expenditures. The reports shall cover the period January 1
14through March 31, April 1 through June 30, July 1 through
15September 30, and October 1 through December 31 of each year. A
16political committee shall file quarterly reports no later than
17the 15th day of the month following each period. Reports of
18contributions and expenditures must be filed to cover the
19prescribed time periods even though no contributions or
20expenditures may have been received or made during the period.
21The Board shall assess a civil penalty not to exceed $5,000 for
22failure to file a report required by this subsection. The fine,
23however, shall not exceed $1,000 for a first violation if the
24committee files less than 10 days after the deadline. There
25shall be no fine if the report is mailed and postmarked at

 

 

09700SB3722ham004- 34 -LRB097 17968 PJG 70318 a

1least 72 hours prior to the filing deadline. When considering
2the amount of the fine to be imposed, the Board shall consider
3whether the violation was committed inadvertently,
4negligently, knowingly, or intentionally and any past
5violations of this Section.
6    (c) A political committee shall file a report of any
7contribution of $1,000 or more electronically with the Board
8within 5 business days after receipt of the contribution,
9except that the report shall be filed within 2 business days
10after receipt if (i) the contribution is received 30 or fewer
11days before the date of an election and (ii) the political
12committee supports or opposes a candidate or public question on
13the ballot at that election or makes expenditures in excess of
14$500 on behalf of or in opposition to a candidate, candidates,
15a public question, or public questions on the ballot at that
16election. The State Board shall allow filings of reports of
17contributions of $1,000 or more by political committees that
18are not required to file electronically to be made by facsimile
19transmission. The Board shall assess a civil penalty for
20failure to file a report required by this subsection. Failure
21to report each contribution is a separate violation of this
22subsection. The Board shall impose fines for willful or wanton
23violations of this subsection (c) not to exceed 150% of the
24total amount of the contributions that were untimely reported,
25but in no case shall it be less than 10% of the total amount of
26the contributions that were untimely reported. When

 

 

09700SB3722ham004- 35 -LRB097 17968 PJG 70318 a

1considering the amount of the fine to be imposed for willful or
2wanton violations, the Board shall consider the number of days
3the contribution was reported late and past violations of this
4Section and Section 9-3. The Board may impose a fine for
5negligent or inadvertent violations of this subsection not to
6exceed 50% of the total amount of the contributions that were
7untimely reported, or the Board may waive the fine. When
8considering whether to impose a fine and the amount of the
9fine, the Board shall consider the following factors: (1)
10whether the political committee made an attempt to disclose the
11contribution and any attempts made to correct the violation,
12(2) whether the violation is attributed to a clerical or
13computer error, (3) the amount of the contribution, (4) whether
14the violation arose from a discrepancy between the date the
15contribution was reported transferred by a political committee
16and the date the contribution was received by a political
17committee, (5) the number of days the contribution was reported
18late, and (6) past violations of this Section and Section 9-3
19by the political committee.
20    (d) For the purpose of this Section, a contribution is
21considered received on the date (i) a monetary contribution was
22deposited in a bank, financial institution, or other repository
23of funds for the committee, (ii) the date a committee receives
24notice a monetary contribution was deposited by an entity used
25to process financial transactions by credit card or other
26entity used for processing a monetary contribution that was

 

 

09700SB3722ham004- 36 -LRB097 17968 PJG 70318 a

1deposited in a bank, financial institution, or other repository
2of funds for the committee, or (iii) the public official,
3candidate, or political committee receives the notification of
4contribution of goods or services as required under subsection
5(b) of Section 9-6.
6    (e) A political committee that makes independent
7expenditures of $1,000 or more during the period 30 days or
8fewer before an election shall electronically file a report
9with the Board within 5 business days after making the
10independent expenditure. The report shall contain the
11information required in Section 9-11(c) of this Article.
12    (e-5) An independent expenditure committee that makes an
13independent expenditure supporting or opposing a public
14official or candidate that, alone or in combination with any
15other independent expenditure made by that independent
16expenditure committee supporting or opposing that public
17official or candidate during the election cycle, equals an
18aggregate value of more than (i) $250,000 for statewide office
19or (ii) $100,000 for all other elective offices must file a
20written disclosure with the State Board of Elections within 2
21business days after making any expenditure that results in the
22independent expenditure committee exceeding the applicable
23threshold. The Board shall assess a civil penalty against an
24independent expenditure committee for failure to file the
25disclosure required by this subsection not to exceed (i) $500
26for an initial failure to file the required disclosure and (ii)

 

 

09700SB3722ham004- 37 -LRB097 17968 PJG 70318 a

1$1,000 for each subsequent failure to file the required
2disclosure.
3    (f) A copy of each report or statement filed under this
4Article shall be preserved by the person filing it for a period
5of 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,
7eff. 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

 

 

09700SB3722ham004- 38 -LRB097 17968 PJG 70318 a

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.)
 

 

 

09700SB3722ham004- 39 -LRB097 17968 PJG 70318 a

1    (10 ILCS 5/9-28.5)
2    Sec. 9-28.5. Injunctive relief for electioneering
3communications.
4    (a) Whenever the Attorney General, or a State's Attorney
5with jurisdiction over any portion of the relevant electorate,
6believes that any person, as defined in Section 9-1.6, is
7making, producing, publishing, republishing, or broadcasting
8an electioneering communication paid for by any person, as
9defined in Section 9-1.6, who has not first complied with the
10registration and disclosure requirements of this Article, he or
11she may bring an action in the name of the People of the State
12of Illinois or, in the case of a State's Attorney, the People
13of the County, against such person or persons to restrain by
14preliminary or permanent injunction the making, producing,
15publishing, republishing, or broadcasting of such
16electioneering communication until the registration and
17disclosure requirements have been met.
18    (b) Any political committee that believes any person, as
19defined in Section 9-1.6, is making, producing, publishing,
20republishing, or broadcasting an electioneering communication
21paid for by any person, as defined in Section 9-1.6, who has
22not first complied with the registration and disclosure
23requirements of this Article may bring an action in the circuit
24court against such person or persons to restrain by preliminary
25or permanent injunction the making, producing, publishing,
26republishing, or broadcasting of such electioneering

 

 

09700SB3722ham004- 40 -LRB097 17968 PJG 70318 a

1communication until the registration and disclosure
2requirements have been met.
3    (c) Whenever the Attorney General, or a State's Attorney
4with jurisdiction over any portion of the relevant electorate,
5believes that any person, as defined in Section 9-1.6, is
6engaging in independent expenditures, as defined in this
7Article, who has not first complied with the registration and
8disclosure requirements of this Article, he or she may bring an
9action in the name of the People of the State of Illinois or,
10in the case of a State's Attorney, the People of the County,
11against such person or persons to restrain by preliminary or
12permanent injunction the making of such expenditures until the
13registration and disclosure requirements have been met.
14    (d) Any political committee that believes any person, as
15defined in Section 9-1.6, is engaging in independent
16expenditures, as defined in this Article, who has not first
17complied with the registration and disclosure requirements of
18this Article may bring an action in the circuit court against
19such person or persons to restrain by preliminary or permanent
20injunction the making of independent expenditures until the
21registration 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
25the constitution or the calling of a constitutional convention

 

 

09700SB3722ham004- 41 -LRB097 17968 PJG 70318 a

1or any combination thereof is or are to be voted upon by the
2people, the proposition or propositions for the adoption or
3rejection of such amendment or amendments or convention shall
4be submitted upon a ballot separate from the "Official Ballot"
5containing the names of candidates for State and other offices
6to be voted at such election. Such separate ballot shall be
7printed upon paper of a distinctly blue color and shall, as
8near as may be practicable, be of uniform size and blue color,
9but any variation in the size of such ballots or in the
10tincture of blue employed shall not affect or impair the
11validity thereof. Preceding each proposal to amend the
12constitution shall be printed the brief explanation of the
13amendment, prepared by the General Assembly, or in the case of
14a proposed amendment initiated by petition pursuant to Section
153 of Article XIV of the Constitution of the State of Illinois
16by the principal proponents of the amendment as approved by the
17Attorney General, and immediately below the explanation, the
18proposition shall be printed in substantially the following
19form:
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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1constitutional convention, such proposition shall be printed
2in 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
9folded, shall be printed the words "CONSTITUTION BALLOT",
10followed by the designation of the polling place for which the
11ballot is prepared, the date of the election and a facsimile of
12the signature of the clerk or other officer who has caused the
13ballots to be printed. Immediately above the words
14"CONSTITUTION BALLOT" in the case of a proposition for the
15calling of a constitutional convention or a proposition to
16amend the Constitution the following legend shall be printed in
17bold face type:
18
"NOTICE
19    THE FAILURE TO VOTE THIS BALLOT MAY BE IS THE EQUIVALENT OF
20A NEGATIVE VOTE, BECAUSE A CONVENTION SHALL BE CALLED OR THE
21AMENDMENT SHALL BECOME EFFECTIVE IF APPROVED BY EITHER
22THREE-FIFTHS OF THOSE VOTING ON THE QUESTION OR A MAJORITY OF
23THOSE VOTING IN THE ELECTION. (THIS IS NOT TO BE CONSTRUED AS A
24DIRECTION THAT YOUR VOTE IS REQUIRED TO BE CAST EITHER IN FAVOR
25OF 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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1THE ELECTION JUDGE WHEN YOU LEAVE THE VOTING BOOTH".
2    Immediately above the words "CONSTITUTION BALLOT" in the
3case of a proposition to amend the Constitution the following
4legend shall be printed in bold face type:
5
"NOTICE
6    WHETHER YOU VOTE THIS BALLOT OR NOT YOU MUST RETURN IT TO
7THE ELECTION JUDGE WHEN YOU LEAVE THE VOTING BOOTH."
8    If a proposition for the calling of a constitutional
9convention is submitted at the same election as one or more
10propositions to amend the constitution, the proposition for the
11calling of a constitutional convention shall be printed at the
12top of the ballot. In such case, the back or outside of the
13ballot shall be printed the same as if it were a proposal
14solely to amend the constitution.
15    Where voting machines or electronic voting systems are
16used, the provisions of this Section may be modified as
17required or authorized by Article 24 or Article 24A, whichever
18is 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
23entitled to cast a provisional ballot under the following
24circumstances:
25        (1) The person's name does not appear on the official

 

 

09700SB3722ham004- 44 -LRB097 17968 PJG 70318 a

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
23ballot 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.

 

 

09700SB3722ham004- 46 -LRB097 17968 PJG 70318 a

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
18county clerk or board of election commissioners, as the case
19may be.
20    (3) After the person executes the portion of the written
21affidavit described in subsection (b)(2)(i) of this Section,
22the election judge shall complete the portion of the written
23affidavit described in subsection (b)(2)(iii) and (b)(2)(iv).
24    (4) The election judge shall give a copy of the completed
25written affidavit to the person. The election judge shall place
26the original written affidavit in a self-adhesive clear plastic

 

 

09700SB3722ham004- 47 -LRB097 17968 PJG 70318 a

1packing list envelope that must be attached to a separate
2envelope marked as a "provisional ballot envelope". The
3election judge shall also place any information provided by the
4person who casts a provisional ballot in the clear plastic
5packing list envelope. Each county clerk or board of election
6commissioners, as the case may be, must design, obtain or
7procure self-adhesive clear plastic packing list envelopes and
8provisional ballot envelopes that are suitable for
9implementing this subsection (b)(4) of this Section.
10    (5) The election judge shall provide the person with a
11provisional ballot, written instructions for casting a
12provisional ballot, and the provisional ballot envelope with
13the clear plastic packing list envelope affixed to it, which
14contains the person's original written affidavit and, if any,
15information provided by the provisional voter to support his or
16her claim that he or she is a duly registered voter. An
17election judge must also give the person written information
18that states that any person who casts a provisional ballot
19shall be able to ascertain, pursuant to guidelines established
20by the State Board of Elections, whether the provisional vote
21was counted in the official canvass of votes for that election
22and, if the provisional vote was not counted, the reason that
23the vote was not counted.
24    (6) After the person has completed marking his or her
25provisional ballot, he or she shall place the marked ballot
26inside of the provisional ballot envelope, close and seal the

 

 

09700SB3722ham004- 48 -LRB097 17968 PJG 70318 a

1envelope, and return the envelope to an election judge, who
2shall then deposit the sealed provisional ballot envelope into
3a securable container separately identified and utilized for
4containing sealed provisional ballot envelopes. Ballots that
5are provisional because they are cast after 7:00 p.m. by court
6order shall be kept separate from other provisional ballots.
7Upon the closing of the polls, the securable container shall be
8sealed with filament tape provided for that purpose, which
9shall be wrapped around the box lengthwise and crosswise, at
10least twice each way, and each of the election judges shall
11sign the seal.
12    (c) Instead of the affidavit form described in subsection
13(b), the county clerk or board of election commissioners, as
14the case may be, may design and use a multi-part affidavit form
15that is imprinted upon or attached to the provisional ballot
16envelope described in subsection (b). If a county clerk or
17board of election commissioners elects to design and use its
18own multi-part affidavit form, then the county clerk or board
19of election commissioners shall establish a mechanism for
20accepting any information the provisional voter has supplied to
21the election judge to support his or her claim that he or she
22is a duly registered voter. In all other respects, a county
23clerk or board of election commissioners shall establish
24procedures consistent with subsection (b).
25    (d) The county clerk or board of election commissioners, as
26the case may be, shall use the completed affidavit form

 

 

09700SB3722ham004- 49 -LRB097 17968 PJG 70318 a

1described in subsection (b) to update the person's voter
2registration information in the State voter registration
3database and voter registration database of the county clerk or
4board of election commissioners, as the case may be. If a
5person is later determined not to be a registered voter based
6on Section 18A-15 of this Code, then the affidavit shall be
7processed by the county clerk or board of election
8commissioners, as the case may be, as a voter registration
9application.
10(Source: P.A. 93-574, eff. 8-21-03; 93-1071, eff. 1-18-05;
1194-645, 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
15shall complete the validation and counting of provisional
16ballots within 14 calendar days of the day of the election. The
17county clerk or board of election commissioners shall have 7
18calendar days from the completion of the validation and
19counting of provisional ballots to conduct its final canvass.
20The State Board of Elections shall complete within 31 calendar
21days of the election or sooner if all the returns are received,
22its final canvass of the vote for all public offices.
23    (b) If a county clerk or board of election commissioners
24determines that all of the following apply, then a provisional
25ballot is valid and shall be counted as a vote:

 

 

09700SB3722ham004- 50 -LRB097 17968 PJG 70318 a

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.

 

 

09700SB3722ham004- 51 -LRB097 17968 PJG 70318 a

1    (c) With respect to subsection (b)(3) of this Section, the
2county clerk or board of election commissioners shall
3investigate and record whether or not the specified information
4is available from each of the 5 identified sources. If the
5information is available from one or more of the identified
6sources, then the county clerk or board of election
7commissioners shall seek to obtain the information from each of
8those sources until satisfied, with information from at least
9one of those sources, that the provisional voter is registered
10and entitled to vote. The county clerk or board of election
11commissioners shall use any information it obtains as the basis
12for determining the voter registration status of the
13provisional voter. If a conflict exists among the information
14available to the county clerk or board of election
15commissioners as to the registration status of the provisional
16voter, then the county clerk or board of election commissioners
17shall make a determination based on the totality of the
18circumstances. In a case where the above information equally
19supports or opposes the registration status of the voter, the
20county clerk or board of election commissioners shall decide in
21favor of the provisional voter as being duly registered to
22vote. If the statewide voter registration database maintained
23by the State Board of Elections indicates that the provisional
24voter is registered to vote, but the county clerk's or board of
25election commissioners' voter registration database indicates
26that the provisional voter is not registered to vote, then the

 

 

09700SB3722ham004- 52 -LRB097 17968 PJG 70318 a

1information found in the statewide voter registration database
2shall control the matter and the provisional voter shall be
3deemed to be registered to vote. If the records of the county
4clerk or board of election commissioners indicates that the
5provisional voter is registered to vote, but the statewide
6voter registration database maintained by the State Board of
7Elections indicates that the provisional voter is not
8registered to vote, then the information found in the records
9of the county clerk or board of election commissioners shall
10control the matter and the provisional voter shall be deemed to
11be registered to vote. If the provisional voter's signature on
12his or her provisional ballot request varies from the signature
13on an otherwise valid registration application solely because
14of the substitution of initials for the first or middle name,
15the election authority may not reject the provisional ballot.
16    (d) In validating the registration status of a person
17casting a provisional ballot, the county clerk or board of
18election commissioners shall not require a provisional voter to
19complete any form other than the affidavit executed by the
20provisional voter under subsection (b)(2) of Section 18A-5. In
21addition, the county clerk or board of election commissioners
22shall not require all provisional voters or any particular
23class or group of provisional voters to appear personally
24before the county clerk or board of election commissioners or
25as a matter of policy require provisional voters to submit
26additional information to verify or otherwise support the

 

 

09700SB3722ham004- 53 -LRB097 17968 PJG 70318 a

1information already submitted by the provisional voter. The
2provisional voter may, within 2 calendar days after the
3election, submit additional information to the county clerk or
4board of election commissioners. This information must be
5received by the county clerk or board of election commissioners
6within the 2-calendar-day period.
7    (e) If the county clerk or board of election commissioners
8determines that subsection (b)(1), (b)(2), or (b)(3) does not
9apply, then the provisional ballot is not valid and may not be
10counted. The provisional ballot envelope containing the ballot
11cast by the provisional voter may not be opened. The county
12clerk or board of election commissioners shall write on the
13provisional ballot envelope the following: "Provisional ballot
14determined invalid.".
15    (f) If the county clerk or board of election commissioners
16determines that a provisional ballot is valid under this
17Section, then the provisional ballot envelope shall be opened.
18The outside of each provisional ballot envelope shall also be
19marked to identify the precinct and the date of the election.
20    (g) Provisional ballots determined to be valid shall be
21counted at the election authority's central ballot counting
22location and shall not be counted in precincts. The provisional
23ballots determined to be valid shall be added to the vote
24totals for the precincts from which they were cast in the order
25in which the ballots were opened. The validation and counting
26of provisional ballots shall be subject to the provisions of

 

 

09700SB3722ham004- 54 -LRB097 17968 PJG 70318 a

1this Code that apply to pollwatchers. If the provisional
2ballots are a ballot of a punch card voting system, then the
3provisional ballot shall be counted in a manner consistent with
4Article 24A. If the provisional ballots are a ballot of optical
5scan or other type of approved electronic voting system, then
6the provisional ballots shall be counted in a manner consistent
7with Article 24B.
8    (h) As soon as the ballots have been counted, the election
9judges or election officials shall, in the presence of the
10county clerk or board of election commissioners, place each of
11the following items in a separate envelope or bag: (1) all
12provisional ballots, voted or spoiled; (2) all provisional
13ballot envelopes of provisional ballots voted or spoiled; and
14(3) all executed affidavits of the provisional ballots voted or
15spoiled. All provisional ballot envelopes for provisional
16voters who have been determined not to be registered to vote
17shall remain sealed. The county clerk or board of election
18commissioners shall treat the provisional ballot envelope
19containing the written affidavit as a voter registration
20application for that person for the next election and process
21that application. The election judges or election officials
22shall then securely seal each envelope or bag, initial the
23envelope or bag, and plainly mark on the outside of the
24envelope or bag in ink the precinct in which the provisional
25ballots were cast. The election judges or election officials
26shall then place each sealed envelope or bag into a box, secure

 

 

09700SB3722ham004- 55 -LRB097 17968 PJG 70318 a

1and seal it in the same manner as described in item (6) of
2subsection (b) of Section 18A-5. Each election judge or
3election official shall take and subscribe an oath before the
4county clerk or board of election commissioners that the
5election judge or election official securely kept the ballots
6and papers in the box, did not permit any person to open the
7box or otherwise touch or tamper with the ballots and papers in
8the box, and has no knowledge of any other person opening the
9box. For purposes of this Section, the term "election official"
10means the county clerk, a member of the board of election
11commissioners, as the case may be, and their respective
12employees.
13(Source: P.A. 93-574, eff. 8-21-03; 94-645, eff. 8-22-05;
1494-1000, 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,
17consolidated, and general elections, electors entitled to vote
18by absentee ballot under the provisions of Section 19-1 may
19vote in person at the office of the municipal clerk, if the
20elector is a resident of a municipality not having a board of
21election commissioners, or at the office of the township clerk
22or, in counties not under township organization, at the office
23of the road district clerk if the elector is not a resident of
24a municipality; provided, in each case that the municipal,
25township or road district clerk, as the case may be, is

 

 

09700SB3722ham004- 56 -LRB097 17968 PJG 70318 a

1authorized to conduct in-person absentee voting pursuant to
2this Section. Absentee voting in such municipal and township
3clerk's offices under this Section shall be conducted from the
422nd day through the day before the election.
5    Municipal and township clerks (or road district clerks) who
6have regularly scheduled working hours at regularly designated
7offices other than a place of residence and whose offices are
8open for business during the same hours as the office of the
9election authority shall conduct in-person absentee voting for
10said elections. Municipal and township clerks (or road district
11clerks) who have no regularly scheduled working hours but who
12have regularly designated offices other than a place of
13residence shall conduct in-person absentee voting for said
14elections during the hours of 8:30 a.m. to 4:30 p.m. or 9:00
15a.m. to 5:00 p.m., weekdays, and 9:00 a.m. to 12:00 noon on
16Saturdays, but not during such hours as the office of the
17election authority is closed, unless the clerk files a written
18waiver with the election authority not later than July 1 of
19each year stating that he or she is unable to conduct such
20voting and the reasons therefor. Such clerks who conduct
21in-person absentee voting may extend their hours for that
22purpose to include any hours in which the election authority's
23office is open. Municipal and township clerks (or road district
24clerks) who have no regularly scheduled office hours and no
25regularly designated offices other than a place of residence
26may not conduct in-person absentee voting for said elections.

 

 

09700SB3722ham004- 57 -LRB097 17968 PJG 70318 a

1The election authority may devise alternative methods for
2in-person absentee voting before said elections for those
3precincts located within the territorial area of a municipality
4or township (or road district) wherein the clerk of such
5municipality or township (or road district) has waived or is
6not entitled to conduct such voting. In addition, electors may
7vote by absentee ballot under the provisions of Section 19-1 at
8the office of the election authority having jurisdiction over
9their residence. Unless specifically authorized by the
10election authority, municipal, township, and road district
11clerks shall not conduct in-person absentee voting. No less
12than 45 days before the date of an election, the election
13authority shall notify the municipal, township, and road
14district clerks within its jurisdiction if they are to conduct
15in-person absentee voting. Election authorities, however, may
16conduct in-person absentee voting in one or more designated
17appropriate public buildings from the fourth day before the
18election through the day before the election.
19    In conducting in-person absentee voting under this
20Section, the respective clerks shall be required to verify the
21signature of the absentee voter by comparison with the
22signature on the official registration record card. The clerk
23also shall reasonably ascertain the identity of such applicant,
24shall verify that each such applicant is a registered voter,
25and shall verify the precinct in which he or she is registered
26and the proper ballots of the political subdivisions in which

 

 

09700SB3722ham004- 58 -LRB097 17968 PJG 70318 a

1the applicant resides and is entitled to vote, prior to
2providing any absentee ballot to such applicant. The clerk
3shall verify the applicant's registration and from the most
4recent poll list provided by the county clerk, and if the
5applicant is not listed on that poll list then by telephoning
6the office of the county clerk.
7    Absentee voting procedures in the office of the municipal,
8township and road district clerks shall be subject to all of
9the applicable provisions of this Article 19. Pollwatchers may
10be appointed to observe in-person absentee voting procedures
11and view all reasonably requested records relating to the
12conduct of the election, provided the secrecy of the ballot is
13not impinged, at the office of the municipal, township or road
14district clerks' offices where such absentee voting is
15conducted. Such pollwatchers shall qualify and be appointed in
16the same manner as provided in Sections 7-34 and 17-23, except
17each candidate, political party or organization of citizens may
18appoint only one pollwatcher for each location where in-person
19absentee voting is conducted. Pollwatchers must be registered
20to vote in Illinois and possess valid pollwatcher credentials.
21All requirements in this Article applicable to election
22authorities shall apply to the respective local clerks, except
23where inconsistent with this Section.
24    The sealed absentee ballots in their carrier envelope shall
25be delivered by the respective clerks, or by the election
26authority on behalf of a clerk if the clerk and the election

 

 

09700SB3722ham004- 59 -LRB097 17968 PJG 70318 a

1authority agree, to the election authority's central ballot
2counting location before the close of the polls on the day of
3the general primary, consolidated primary, consolidated, or
4general election.
5    Not more than 23 days before the general and consolidated
6elections, the county clerk shall make available to those
7municipal, township and road district clerks conducting
8in-person absentee voting within such county, a sufficient
9number of applications, absentee ballots, envelopes, and
10printed voting instruction slips for use by absentee voters in
11the offices of such clerks. The respective clerks shall receipt
12for all ballots received, shall return all unused or spoiled
13ballots to the county clerk on the day of the election and
14shall strictly account for all ballots received.
15    The ballots delivered to the respective clerks shall
16include absentee ballots for each precinct in the municipality,
17township or road district, or shall include such separate
18ballots for each political subdivision conducting an election
19of officers or a referendum on that election day as will permit
20any resident of the municipality, township or road district to
21vote absentee in the office of the proper clerk.
22    The clerks of all municipalities, townships and road
23districts may distribute applications for absentee ballot for
24the use of voters who wish to mail such applications to the
25appropriate election authority. Any person may produce,
26reproduce, distribute, or return to an election authority the

 

 

09700SB3722ham004- 60 -LRB097 17968 PJG 70318 a

1application for absentee ballot. Upon receipt, the appropriate
2election authority shall accept and promptly process any
3application 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
7substantially in the following form:
8
APPLICATION FOR ABSENTEE BALLOT
9    To be voted at the .... election in the County of .... and
10State 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
14the city of .... residing at .... in such city or town in the
15county of .... and State of Illinois; that I have lived at such
16address for .... month(s) last past; that I am lawfully
17entitled to vote in such precinct at the .... election to be
18held therein on ....; and that I wish to vote by absentee
19ballot.
20    I hereby make application for an official ballot or ballots
21to be voted by me at such election, and I agree that I shall
22return such ballot or ballots to the official issuing the same
23prior to the closing of the polls on the date of the election
24or, if returned by mail, postmarked no later than midnight
25preceding election day, for counting no later than during the

 

 

09700SB3722ham004- 61 -LRB097 17968 PJG 70318 a

1period for counting provisional ballots, the last day of which
2is the 14th day following election day.
3    I understand that this application is made for an official
4absentee ballot or ballots to be voted by me at the election
5specified in this application and that I must submit a separate
6application for an official absentee ballot or ballots to be
7voted by me at any subsequent election.
8    Under penalties as provided by law pursuant to Section
929-10 of The Election Code, the undersigned certifies that the
10statements 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
16ballot, such application shall require the applicant to
17designate the name of the political party with which the
18applicant is affiliated.
19    Any person may produce, reproduce, distribute, or return to
20an election authority the application for absentee ballot. Upon
21receipt, the appropriate election authority shall accept and
22promptly process any application for absentee ballot submitted
23in a form substantially similar to that required by this
24Section, including any substantially similar production or
25reproduction generated by the applicant.
26(Source: P.A. 95-440, eff. 8-27-07; 96-312, eff. 1-1-10;

 

 

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196-553, eff. 8-17-09; 96-1000, eff. 7-2-10; 96-1008, eff.
27-6-10.)
 
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
6begins the 15th 22nd day preceding a general primary,
7consolidated primary, consolidated, or general election and
8extends through the 3rd 5th day before election day.
9    (b) A permanent polling place for early voting must remain
10open during the hours of 8:30 a.m. to 4:30 p.m., or 9:00 a.m.
11to 5:00 p.m., on weekdays and 9:00 a.m. to 12:00 p.m. on
12Saturdays, Sundays, and holidays; except that, in addition to
13the hours required by this subsection, a permanent early voting
14polling place designated by an election authority under
15subsection (c) of Section 19A-10 must remain open for a total
16of at least 8 hours on any holiday during the early voting
17period and a total of at least 14 hours on the final weekend
18during the early voting period.
19    (c) Notwithstanding subsections (a) and (b), an election
20authority may close an early voting polling place if the
21building in which the polling place is located has been closed
22by the State or unit of local government in response to a
23severe weather emergency. In the event of a closure, the
24election authority shall conduct early voting on the 2nd day
25before election day from 8:30 a.m. to 4:30 p.m. or 9:00 a.m. to

 

 

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15:00 p.m. The election authority shall notify the State Board
2of Elections of any closure and shall make reasonable efforts
3to provide notice to the public of the extended early voting
4period.
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
8Ballots. In an election jurisdiction where a Direct Recording
9Electronic Voting System is used, the following procedures for
10counting and tallying the ballots shall apply:
11    Before the opening of the polls, the judges of elections
12shall assemble the voting equipment and devices and turn the
13equipment on. The judges shall, if necessary, take steps to
14activate the voting devices and counting equipment by inserting
15into the equipment and voting devices appropriate data cards
16containing passwords and data codes that will select the proper
17ballot formats selected for that polling place and that will
18prevent inadvertent or unauthorized activation of the
19poll-opening function. Before voting begins and before ballots
20are entered into the voting devices, the judges of election
21shall cause to be printed a record of the following: the
22election's identification data, the device's unit
23identification, the ballot's format identification, the
24contents of each active candidate register by office and of
25each active public question register showing that they contain

 

 

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1all zero votes, all ballot fields that can be used to invoke
2special voting options, and other information needed to ensure
3the readiness of the equipment and to accommodate
4administrative reporting requirements. The judges must also
5check to be sure that the totals are all zeros in the counting
6columns and in the public counter affixed to the voting
7devices.
8    After the judges have determined that a person is qualified
9to vote, a voting device with the proper ballot to which the
10voter is entitled shall be enabled to be used by the voter. The
11ballot may then be cast by the voter by marking by appropriate
12means the designated area of the ballot for the casting of a
13vote for any candidate or for or against any public question.
14The voter shall be able to vote for any and all candidates and
15public measures appearing on the ballot in any legal number and
16combination and the voter shall be able to delete, change or
17correct his or her selections before the ballot is cast. The
18voter shall be able to select candidates whose names do not
19appear upon the ballot for any office by entering
20electronically as many names of candidates as the voter is
21entitled to select for each office.
22    Upon completing his or her selection of candidates or
23public questions, the voter shall signify that voting has been
24completed by activating the appropriate button, switch or
25active area of the ballot screen associated with end of voting.
26Upon activation, the voting system shall record an image of the

 

 

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1completed ballot, increment the proper ballot position
2registers, and shall signify to the voter that the ballot has
3been cast. Upon activation, the voting system shall also print
4a permanent paper record of each ballot cast as defined in
5Section 24C-2 of this Code. This permanent paper record shall
6(i) be printed in a clear, readily readable format that can be
7easily reviewed by the voter for completeness and accuracy and
8(ii) either be self-contained within the voting device or be
9deposited by the voter into a secure ballot box. No permanent
10paper record shall be removed from the polling place except by
11election officials as authorized by this Article. All permanent
12paper records shall be preserved and secured by election
13officials in the same manner as paper ballots and shall be
14available as an official record for any recount, redundant
15count, or verification or retabulation of the vote count
16conducted with respect to any election in which the voting
17system is used. The voter shall exit the voting station and the
18voting system shall prevent any further attempt to vote until
19it has been properly re-activated. If a voting device has been
20enabled for voting but the voter leaves the polling place
21without casting a ballot, 2 judges of election, one from each
22of the 2 major political parties, shall spoil the ballot.
23    Throughout the election day and before the closing of the
24polls, no person may check any vote totals for any candidate or
25public question on the voting or counting equipment. Such
26equipment shall be programmed so that no person may reset the

 

 

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1equipment for reentry of ballots unless provided the proper
2code from an authorized representative of the election
3authority.
4    The precinct judges of election shall check the public
5register to determine whether the number of ballots counted by
6the voting equipment agrees with the number of voters voting as
7shown by the applications for ballot. If the same do not agree,
8the judges of election shall immediately contact the offices of
9the election authority in charge of the election for further
10instructions. If the number of ballots counted by the voting
11equipment agrees with the number of voters voting as shown by
12the 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
15tabulated. One copy of an "In-Precinct Totals Report" shall be
16generated by the automatic tabulating equipment for return to
17the election authority. One copy of an "In-Precinct Totals
18Report" shall be generated and posted in a conspicuous place
19inside the polling place, provided that any authorized
20pollwatcher or other official authorized to be present in the
21polling place to observe the counting of ballots is present.
22The judges of election shall provide, if requested, a set for
23each authorized pollwatcher or other official authorized to be
24present in the polling place to observe the counting of
25ballots. In addition, sufficient time shall be provided by the
26judges of election to the pollwatchers to allow them to copy

 

 

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1information from the copy which has been posted.
2    Until December 31, 2015 2011, in elections at which
3fractional cumulative votes are cast for candidates, the
4tabulation of those fractional cumulative votes may be made by
5the election authority at its central office location, and 4
6copies of a "Certificate of Results" shall be printed by the
7automatic tabulation equipment and shall be posted in 4
8conspicuous places at the central office location where those
9fractional cumulative votes have been tabulated.
10    If instructed by the election authority, the judges of
11election shall cause the tabulated returns to be transmitted
12electronically to the offices of the election authority via
13modem or other electronic medium.
14    The precinct judges of election shall select a bi-partisan
15team of 2 judges, who shall immediately return the ballots in a
16sealed container, along with all other election materials and
17equipment as instructed by the election authority; provided,
18however, that such container must first be sealed by the
19election judges with filament tape or other approved sealing
20devices provided for the purpose in a manner that the ballots
21cannot be removed from the container without breaking the seal
22or filament tape and disturbing any signatures affixed by the
23election judges to the container. The election authority shall
24keep the office of the election authority, or any receiving
25stations designated by the authority, open for at least 12
26consecutive hours after the polls close or until the ballots

 

 

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1and election material and equipment from all precincts within
2the jurisdiction of the election authority have been returned
3to the election authority. Ballots and election materials and
4equipment returned to the office of the election authority
5which are not signed and sealed as required by law shall not be
6accepted by the election authority until the judges returning
7the ballots make and sign the necessary corrections. Upon
8acceptance of the ballots and election materials and equipment
9by the election authority, the judges returning the ballots
10shall take a receipt signed by the election authority and
11stamped with the time and date of the return. The election
12judges whose duty it is to return any ballots and election
13materials and equipment as provided shall, in the event the
14ballots, materials or equipment cannot be found when needed, on
15proper request, produce the receipt which they are to take as
16above 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,
192012.".