Illinois General Assembly - Full Text of HB0105
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Full Text of HB0105  98th General Assembly

HB0105enr 98TH GENERAL ASSEMBLY

  
  
  

 


 
HB0105 EnrolledLRB098 02624 KMW 32629 b

1    AN ACT concerning elections.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. Short title. This Act may be cited as the
5Minimum Wage Increase Referendum Act.
 
6    Section 5. Referendum. The State Board of Elections shall
7cause a statewide advisory public question to be submitted to
8the voters at the general election to be held on November 4,
92014. The question shall appear in the following form:
10    "Shall the minimum wage in Illinois for adults over the age
11    of 18 be raised to $10 per hour by January 1, 2015?"
12The votes on the question shall be recorded as "Yes" or "No".
 
13    Section 10. Certification. The State Board of Elections
14shall immediately certify the question to be submitted to the
15voters of the entire State under Section 5 to each election
16authority in Illinois.
 
17    Section 15. Conflicts. If any provision of this Act
18conflicts with any other law, this Act controls.
 
19    Section 90. Repeal. This Act is repealed on January 1,
202015.
 

 

 

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1    Section 900. The Election Code is amended by changing
2Sections 1-12, 4-50, 5-50, 6-100, 9-9.5, 10-6, 10-8, 10-10,
311-6, 13-2.5, 14-4.5, 18A-5, 18A-15, 19-2, 19A-10, 19A-15, and
419A-35 as follows:
 
5    (10 ILCS 5/1-12)
6    Sec. 1-12. Public university voting.
7    (a) Each appropriate election authority shall, in addition
8to the early voting conducted at locations otherwise required
9by law, conduct early voting in a high traffic location on the
10campus of a public university within the election authority's
11jurisdiction. For the purposes of this Section, "public
12university" means the University of Illinois at its campuses in
13Urbana-Champaign and Springfield, Southern Illinois University
14at its campuses in Carbondale and Edwardsville, Eastern
15Illinois University, Illinois State University, Northern
16Illinois University, and Western Illinois University at its
17campuses in Macomb and Moline. The voting required by this
18subsection (a) Section to be conducted on campus must be
19conducted as otherwise required by Article 19A of this Code. If
20an election authority has voting equipment that can accommodate
21a ballot in every form required in the election authority's
22jurisdiction, then the election authority shall extend early
23voting under this Section to any registered voter in the
24election authority's jurisdiction. However, if the election

 

 

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1authority does not have voting equipment that can accommodate a
2ballot in every form required in the election authority's
3jurisdiction, then the election authority may limit early
4voting under this Section to registered voters in precincts
5where the public university is located and precincts bordering
6the university. Each public university shall make the space
7available in a high traffic area for, and cooperate and
8coordinate with the appropriate election authority in, the
9implementation of this subsection (a). Section.
10    (b) Each appropriate election authority shall, in addition
11to the voting conducted at locations otherwise required by law,
12conduct in-person absentee voting on election day in a
13high-traffic location on the campus of a public university
14within the election authority's jurisdiction. The procedures
15for conducting in-person absentee voting at a site established
16pursuant to this subsection (b) shall, to the extent
17practicable, be the same procedures required by Article 19 of
18this Code for in-person absentee ballots. The election
19authority may limit in-person absentee voting under this
20subsection (b) to registered voters in precincts where the
21public university is located and precincts bordering the
22university. The election authority shall have voting equipment
23and ballots necessary to accommodate registered voters who may
24cast an in-person absentee ballot at a site established
25pursuant to this subsection (b). Each public university shall
26make the space available in a high-traffic area for, and

 

 

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1cooperate and coordinate with the appropriate election
2authority in, the implementation of this subsection (b).
3    (c) For the purposes of this Section, "public university"
4means the University of Illinois at its campuses in
5Urbana-Champaign and Springfield, Southern Illinois University
6at its campuses in Carbondale and Edwardsville, Eastern
7Illinois University, Illinois State University, Northern
8Illinois University, and Western Illinois University at its
9campuses in Macomb and Moline.
10(Source: P.A. 98-115, eff. 7-29-13.)
 
11    (10 ILCS 5/4-50)
12    Sec. 4-50. Grace period. Notwithstanding any other
13provision of this Code to the contrary, each election authority
14shall establish procedures for the registration of voters and
15for change of address during the period from the close of
16registration for a primary or election and until the 3rd day
17before the primary or election, except that during the 2014
18general election the period shall extend until the polls close
19on election day. During this grace period, an unregistered
20qualified elector may register to vote, and a registered voter
21may submit a change of address form, in person in the office of
22the election authority or at a voter registration location
23specifically designated for this purpose by the election
24authority. During the 2014 general election, an unregistered
25qualified elector may register to vote, and a registered voter

 

 

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1may submit a change of address form, in person at any permanent
2polling place for early voting established under Section 19A-10
3through election day. The election authority shall register
4that individual, or change a registered voter's address, in the
5same manner as otherwise provided by this Article for
6registration and change of address.
7    If a voter who registers or changes address during this
8grace period wishes to vote at the first election or primary
9occurring after the grace period, he or she must do so by grace
10period voting. The election authority shall offer in-person
11grace period voting at the authority's office and any permanent
12polling place where grace period registration is required by
13this Section; and may offer in-person grace period voting at
14additional locations specifically designated for the purpose
15of grace period voting by the election authority. The election
16authority may allow grace period voting by mail only if the
17election authority has no ballots prepared at the authority's
18office. Grace period voting shall be in a manner substantially
19similar to voting under Article 19.
20    Within one day after a voter casts a grace period ballot,
21or within one day after the ballot is received by the election
22authority if the election authority allows grace period voting
23by mail, the election authority shall transmit by electronic
24means pursuant to a process established by the State Board of
25Elections the voter's name, street address, e-mail address, and
26precinct, ward, township, and district numbers, as the case may

 

 

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1be, to the State Board of Elections, which shall maintain those
2names and that information in an electronic format on its
3website, arranged by county and accessible to State and local
4political committees. The name of each person issued a grace
5period ballot shall also be placed on the appropriate precinct
6list of persons to whom absentee and early ballots have been
7issued, for use as provided in Sections 17-9 and 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. 97-766, eff. 7-6-12; 98-115, eff. 7-29-13.)
 
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 day
25before the primary or election, except that during the 2014

 

 

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1general election the period shall extend until the polls close
2on election day. During this grace period, an unregistered
3qualified elector may register to vote, and a registered voter
4may submit a change of address form, in person in the office of
5the election authority or at a voter registration location
6specifically designated for this purpose by the election
7authority. During the 2014 general election, an unregistered
8qualified elector may register to vote, and a registered voter
9may submit a change of address form, in person at any permanent
10polling place for early voting established pursuant to Section
1119A-10 through election day. The election authority shall
12register that individual, or change a registered voter's
13address, in the same manner as otherwise provided by this
14Article for registration and change of address.
15    If a voter who registers or changes address during this
16grace period wishes to vote at the first election or primary
17occurring after the grace period, he or she must do so by grace
18period voting. The election authority shall offer in-person
19grace period voting at his or her office and any permanent
20polling place where grace period registration is required by
21this Section; and may offer in-person grace period voting at
22additional locations specifically designated for the purpose
23of grace period voting by the election authority. The election
24authority may allow grace period voting by mail only if the
25election authority has no ballots prepared at the authority's
26office. Grace period voting shall be in a manner substantially

 

 

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1similar to voting under Article 19.
2    Within one day after a voter casts a grace period ballot,
3or within one day after the ballot is received by the election
4authority if the election authority allows grace period voting
5by mail, the election authority shall transmit by electronic
6means pursuant to a process established by the State Board of
7Elections the voter's name, street address, e-mail address, and
8precinct, ward, township, and district numbers, as the case may
9be, to the State Board of Elections, which shall maintain those
10names and that information in an electronic format on its
11website, arranged by county and accessible to State and local
12political committees. The name of each person issued a grace
13period ballot shall also be placed on the appropriate precinct
14list of persons to whom absentee and early ballots have been
15issued, for use as provided in Sections 17-9 and 18-5.
16    A person who casts a grace period ballot shall not be
17permitted to revoke that ballot and vote another ballot with
18respect to that primary or election. Ballots cast by persons
19who register or change address during the grace period must be
20transmitted to and counted at the election authority's central
21ballot counting location and shall not be transmitted to and
22counted at precinct polling places. The grace period ballots
23determined to be valid shall be added to the vote totals for
24the precincts for which they were cast in the order in which
25the ballots were opened.
26(Source: P.A. 97-766, eff. 7-6-12; 98-115, eff. 7-29-13.)
 

 

 

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1    (10 ILCS 5/6-100)
2    Sec. 6-100. Grace period. Notwithstanding any other
3provision of this Code to the contrary, each election authority
4shall establish procedures for the registration of voters and
5for change of address during the period from the close of
6registration for a primary or election and until the 3rd day
7before the primary or election, except that during the 2014
8general election the period shall extend until the polls close
9on election day. During this grace period, an unregistered
10qualified elector may register to vote, and a registered voter
11may submit a change of address form, in person in the office of
12the election authority or at a voter registration location
13specifically designated for this purpose by the election
14authority. During the 2014 general election, an unregistered
15qualified elector may register to vote, and a registered voter
16may submit a change of address form, in person at any permanent
17polling place for early voting established pursuant to Section
1819A-10 through election day. The election authority shall
19register that individual, or change a registered voter's
20address, in the same manner as otherwise provided by this
21Article for registration and change of address.
22    If a voter who registers or changes address during this
23grace period wishes to vote at the first election or primary
24occurring after the grace period. The election authority shall
25offer in-person grace period voting at the authority's office

 

 

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1and any permanent polling place where grace period registration
2is required by this Section; and may offer in-person grace
3period voting at additional locations specifically designated
4for the purpose of grace period voting by the election
5authority. The election authority may allow grace period voting
6by mail only if the election authority has no ballots prepared
7at the authority's office. Grace period voting shall be in a
8manner substantially similar to voting under Article 19.
9    Within one day after a voter casts a grace period ballot,
10or within one day after the ballot is received by the election
11authority if the election authority allows grace period voting
12by mail, the election authority shall transmit by electronic
13means pursuant to a process established by the State Board of
14Elections the voter's name, street address, e-mail address, and
15precinct, ward, township, and district numbers, as the case may
16be, to the State Board of Elections, which shall maintain those
17names and that information in an electronic format on its
18website, arranged by county and accessible to State and local
19political committees. The name of each person issued a grace
20period ballot shall also be placed on the appropriate precinct
21list of persons to whom absentee and early ballots have been
22issued, for use as provided in Sections 17-9 and 18-5.
23    A person who casts a grace period ballot shall not be
24permitted to revoke that ballot and vote another ballot with
25respect to that primary or election. Ballots cast by persons
26who register or change address during the grace period must be

 

 

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1transmitted to and counted at the election authority's central
2ballot counting location and shall not be transmitted to and
3counted at precinct polling places. The grace period ballots
4determined to be valid shall be added to the vote totals for
5the precincts for which they were cast in the order in which
6the ballots were opened.
7(Source: P.A. 97-766, eff. 7-6-12; 98-115, eff. 7-29-13.)
 
8    (10 ILCS 5/9-9.5)
9    Sec. 9-9.5. Disclosures in political communications.
10    (a) Any political committee, organized under the Election
11Code, that makes an expenditure for a pamphlet, circular,
12handbill, Internet or telephone communication, radio,
13television, or print advertisement, or other communication
14directed at voters and mentioning the name of a candidate in
15the next upcoming election shall ensure that the name of the
16political committee paying for any part of the communication,
17including, but not limited to, its preparation and
18distribution, is identified clearly within the communication
19as the payor. This subsection does not apply to items that are
20too small to contain the required disclosure. This subsection
21does not apply to an expenditure for the preparation, or
22distribution, or publication of any printed communication
23directed at constituents of a member of the General Assembly if
24the expenditure is made by a political committee in accordance
25with subsection (c) of Section 9-8.10. Nothing in this

 

 

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1subsection shall require disclosure on any telephone
2communication using random sampling or other scientific survey
3methods to gauge public opinion for or against any candidate or
4question of public policy.
5    Whenever any vendor or other person provides any of the
6services listed in this subsection, other than any telephone
7communication using random sampling or other scientific survey
8methods to gauge public opinion for or against any candidate or
9question of public policy, the vendor or person shall keep and
10maintain records showing the name and address of the person who
11purchased or requested the services and the amount paid for the
12services. The records required by this subsection shall be kept
13for a period of one year after the date upon which payment was
14received for the services.
15    (b) Any political committee, organized under this Code,
16that makes an expenditure for a pamphlet, circular, handbill,
17Internet or telephone communication, radio, television, or
18print advertisement, or other communication directed at voters
19and (i) mentioning the name of a candidate in the next upcoming
20election, without that candidate's permission, or (ii)
21advocating for or against a public policy position shall ensure
22that the name of the political committee paying for any part of
23the communication, including, but not limited to, its
24preparation and distribution, is identified clearly within the
25communication. Nothing in this subsection shall require
26disclosure on any telephone communication using random

 

 

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1sampling or other scientific survey methods to gauge public
2opinion for or against any candidate or question of public
3policy.
4    (c) A political committee organized under this Code shall
5not make an expenditure for any unsolicited telephone call to
6the line of a residential telephone customer in this State
7using any method to block or otherwise circumvent that
8customer's use of a caller identification service.
9(Source: P.A. 98-115, eff. 7-29-13.)
 
10    (10 ILCS 5/10-6)  (from Ch. 46, par. 10-6)
11    Sec. 10-6. Time and manner of filing. Certificates of
12nomination and nomination papers for the nomination of
13candidates for offices to be filled by electors of the entire
14State, or any district not entirely within a county, or for
15congressional, state legislative or judicial offices, shall be
16presented to the principal office of the State Board of
17Elections not more than 141 nor less than 134 days previous to
18the day of election for which the candidates are nominated. The
19State Board of Elections shall endorse the certificates of
20nomination or nomination papers, as the case may be, and the
21date and hour of presentment to it. Except as otherwise
22provided in this section, all other certificates for the
23nomination of candidates shall be filed with the county clerk
24of the respective counties not more than 141 but at least 134
25days previous to the day of such election. Certificates of

 

 

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1nomination and nomination papers for the nomination of
2candidates for school district offices to be filled at
3consolidated elections shall be filed with the election
4authority in which the principal office of the school district
5is located not more than 113 nor less than 106 days before the
6consolidated election. Certificates of nomination and
7nomination papers for the nomination of candidates for the
8other offices of political subdivisions to be filled at regular
9elections other than the general election shall be filed with
10the local election official of such subdivision:
11        (1) (Blank);
12        (2) not more than 113 nor less than 106 days prior to
13    the consolidated election; or
14        (3) not more than 113 nor less than 106 days prior to
15    the general primary in the case of municipal offices to be
16    filled at the general primary election; or
17        (4) not more than 99 nor less than 92 days before the
18    consolidated primary in the case of municipal offices to be
19    elected on a nonpartisan basis pursuant to law (including
20    without limitation, those municipal offices subject to
21    Articles 4 and 5 of the Municipal Code); or
22        (5) not more than 113 nor less than 106 days before the
23    municipal primary in even numbered years for such
24    nonpartisan municipal offices where annual elections are
25    provided; or
26        (6) in the case of petitions for the office of

 

 

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1    multi-township assessor, such petitions shall be filed
2    with the election authority not more than 113 nor less than
3    106 days before the consolidated election.
4    However, where a political subdivision's boundaries are
5co-extensive with or are entirely within the jurisdiction of a
6municipal board of election commissioners, the certificates of
7nomination and nomination papers for candidates for such
8political subdivision offices shall be filed in the office of
9such Board.
10(Source: P.A. 95-699, eff. 11-9-07; 96-1008, eff. 7-6-10.)
 
11    (10 ILCS 5/10-8)  (from Ch. 46, par. 10-8)
12    Sec. 10-8. Certificates of nomination and nomination
13papers, and petitions to submit public questions to a
14referendum, being filed as required by this Code, and being in
15apparent conformity with the provisions of this Act, shall be
16deemed to be valid unless objection thereto is duly made in
17writing within 5 business days after the last day for filing
18the certificate of nomination or nomination papers or petition
19for a public question, with the following exceptions:
20        A. In the case of petitions to amend Article IV of the
21    Constitution of the State of Illinois, there shall be a
22    period of 35 business days after the last day for the
23    filing of such petitions in which objections can be filed.
24        B. In the case of petitions for advisory questions of
25    public policy to be submitted to the voters of the entire

 

 

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1    State, there shall be a period of 35 business days after
2    the last day for the filing of such petitions in which
3    objections can be filed.
4    Any legal voter of the political subdivision or district in
5which the candidate or public question is to be voted on, or
6any legal voter in the State in the case of a proposed
7amendment to Article IV of the Constitution or an advisory
8public question to be submitted to the voters of the entire
9State, having objections to any certificate of nomination or
10nomination papers or petitions filed, shall file an objector's
11petition together with 2 copies a copy thereof in the principal
12office or the permanent branch office of the State Board of
13Elections, or in the office of the election authority or local
14election official with whom the certificate of nomination,
15nomination papers or petitions are on file. Objection petitions
16that do not include 2 copies thereof, shall not be accepted. In
17the case of nomination papers or certificates of nomination,
18the State Board of Elections, election authority or local
19election official shall note the day and hour upon which such
20objector's petition is filed, and shall, not later than 12:00
21noon on the second business day after receipt of the petition,
22transmit by registered mail or receipted personal delivery the
23certificate of nomination or nomination papers and the original
24objector's petition to the chairman of the proper electoral
25board designated in Section 10-9 hereof, or his authorized
26agent, and shall transmit a copy by registered mail or

 

 

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1receipted personal delivery of the objector's petition, to the
2candidate whose certificate of nomination or nomination papers
3are objected to, addressed to the place of residence designated
4in said certificate of nomination or nomination papers. In the
5case of objections to a petition for a proposed amendment to
6Article IV of the Constitution or for an advisory public
7question to be submitted to the voters of the entire State, the
8State Board of Elections shall note the day and hour upon which
9such objector's petition is filed and shall transmit a copy of
10the objector's petition by registered mail or receipted
11personal delivery to the person designated on a certificate
12attached to the petition as the principal proponent of such
13proposed amendment or public question, or as the proponents'
14attorney, for the purpose of receiving notice of objections. In
15the case of objections to a petition for a public question, to
16be submitted to the voters of a political subdivision, or
17district thereof, the election authority or local election
18official with whom such petition is filed shall note the day
19and hour upon which such objector's petition was filed, and
20shall, not later than 12:00 noon on the second business day
21after receipt of the petition, transmit by registered mail or
22receipted personal delivery the petition for the public
23question and the original objector's petition to the chairman
24of the proper electoral board designated in Section 10-9
25hereof, or his authorized agent, and shall transmit a copy by
26registered mail or receipted personal delivery, of the

 

 

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1objector's petition to the person designated on a certificate
2attached to the petition as the principal proponent of the
3public question, or as the proponent's attorney, for the
4purposes of receiving notice of objections.
5    The objector's petition shall give the objector's name and
6residence address, and shall state fully the nature of the
7objections to the certificate of nomination or nomination
8papers or petitions in question, and shall state the interest
9of the objector and shall state what relief is requested of the
10electoral board.
11    The provisions of this Section and of Sections 10-9, 10-10
12and 10-10.1 shall also apply to and govern objections to
13petitions for nomination filed under Article 7 or Article 8,
14except as otherwise provided in Section 7-13 for cases to which
15it is applicable, and also apply to and govern petitions for
16the submission of public questions under Article 28.
17(Source: P.A. 86-1348.)
 
18    (10 ILCS 5/10-10)  (from Ch. 46, par. 10-10)
19    Sec. 10-10. Within 24 hours after the receipt of the
20certificate of nomination or nomination papers or proposed
21question of public policy, as the case may be, and the
22objector's petition, the chairman of the electoral board other
23than the State Board of Elections shall send a call by
24registered or certified mail to each of the members of the
25electoral board, and to the objector who filed the objector's

 

 

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1petition, and either to the candidate whose certificate of
2nomination or nomination papers are objected to or to the
3principal proponent or attorney for proponents of a question of
4public policy, as the case may be, whose petitions are objected
5to, and shall also cause the sheriff of the county or counties
6in which such officers and persons reside to serve a copy of
7such call upon each of such officers and persons, which call
8shall set out the fact that the electoral board is required to
9meet to hear and pass upon the objections to nominations made
10for the office, designating it, and shall state the day, hour
11and place at which the electoral board shall meet for the
12purpose, which place shall be in the county court house in the
13county in the case of the County Officers Electoral Board, the
14Municipal Officers Electoral Board, the Township Officers
15Electoral Board or the Education Officers Electoral Board,
16except that the Municipal Officers Electoral Board, the
17Township Officers Electoral Board, and the Education Officers
18Electoral Board may meet at the location where the governing
19body of the municipality, township, or community college
20district, respectively, holds its regularly scheduled
21meetings, if that location is available; provided that voter
22records may be removed from the offices of an election
23authority only at the discretion and under the supervision of
24the election authority. In those cases where the State Board of
25Elections is the electoral board designated under Section 10-9,
26the chairman of the State Board of Elections shall, within 24

 

 

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1hours after the receipt of the certificate of nomination or
2nomination papers or petitions for a proposed amendment to
3Article IV of the Constitution or proposed statewide question
4of public policy, send a call by registered or certified mail
5to the objector who files the objector's petition, and either
6to the candidate whose certificate of nomination or nomination
7papers are objected to or to the principal proponent or
8attorney for proponents of the proposed Constitutional
9amendment or statewide question of public policy and shall
10state the day, hour and place at which the electoral board
11shall meet for the purpose, which place may be in the Capitol
12Building or in the principal or permanent branch office of the
13State Board. The day of the meeting shall not be less than 3
14nor more than 5 days after the receipt of the certificate of
15nomination or nomination papers and the objector's petition by
16the chairman of the electoral board.
17    The electoral board shall have the power to administer
18oaths and to subpoena and examine witnesses and at the request
19of either party and only upon a vote by a majority of its
20members, may authorize the chairman to may issue subpoenas
21requiring the attendance of witnesses and subpoenas duces tecum
22requiring the production of such books, papers, records and
23documents as may be evidence of any matter under inquiry before
24the electoral board, in the same manner as witnesses are
25subpoenaed in the Circuit Court.
26    Service of such subpoenas shall be made by any sheriff or

 

 

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1other person in the same manner as in cases in such court and
2the fees of such sheriff shall be the same as is provided by
3law, and shall be paid by the objector or candidate who causes
4the issuance of the subpoena. In case any person so served
5shall knowingly neglect or refuse to obey any such subpoena, or
6to testify, the electoral board shall at once file a petition
7in the circuit court of the county in which such hearing is to
8be heard, or has been attempted to be heard, setting forth the
9facts, of such knowing refusal or neglect, and accompanying the
10petition with a copy of the citation and the answer, if one has
11been filed, together with a copy of the subpoena and the return
12of service thereon, and shall apply for an order of court
13requiring such person to attend and testify, and forthwith
14produce books and papers, before the electoral board. Any
15circuit court of the state, excluding the judge who is sitting
16on the electoral board, upon such showing shall order such
17person to appear and testify, and to forthwith produce such
18books and papers, before the electoral board at a place to be
19fixed by the court. If such person shall knowingly fail or
20refuse to obey such order of the court without lawful excuse,
21the court shall punish him or her by fine and imprisonment, as
22the nature of the case may require and may be lawful in cases
23of contempt of court.
24    The electoral board on the first day of its meeting shall
25adopt rules of procedure for the introduction of evidence and
26the presentation of arguments and may, in its discretion,

 

 

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1provide for the filing of briefs by the parties to the
2objection or by other interested persons.
3    In the event of a State Electoral Board hearing on
4objections to a petition for an amendment to Article IV of the
5Constitution pursuant to Section 3 of Article XIV of the
6Constitution, or to a petition for a question of public policy
7to be submitted to the voters of the entire State, the
8certificates of the county clerks and boards of election
9commissioners showing the results of the random sample of
10signatures on the petition shall be prima facie valid and
11accurate, and shall be presumed to establish the number of
12valid and invalid signatures on the petition sheets reviewed in
13the random sample, as prescribed in Section 28-11 and 28-12 of
14this Code. Either party, however, may introduce evidence at
15such hearing to dispute the findings as to particular
16signatures. In addition to the foregoing, in the absence of
17competent evidence presented at such hearing by a party
18substantially challenging the results of a random sample, or
19showing a different result obtained by an additional sample,
20this certificate of a county clerk or board of election
21commissioners shall be presumed to establish the ratio of valid
22to invalid signatures within the particular election
23jurisdiction.
24    The electoral board shall take up the question as to
25whether or not the certificate of nomination or nomination
26papers or petitions are in proper form, and whether or not they

 

 

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1were filed within the time and under the conditions required by
2law, and whether or not they are the genuine certificate of
3nomination or nomination papers or petitions which they purport
4to be, and whether or not in the case of the certificate of
5nomination in question it represents accurately the decision of
6the caucus or convention issuing it, and in general shall
7decide whether or not the certificate of nomination or
8nominating papers or petitions on file are valid or whether the
9objections thereto should be sustained and the decision of a
10majority of the electoral board shall be final subject to
11judicial review as provided in Section 10-10.1. The electoral
12board must state its findings in writing and must state in
13writing which objections, if any, it has sustained. A copy of
14the decision shall be served upon the parties to the
15proceedings in open proceedings before the electoral board. If
16a party does not appear for receipt of the decision, the
17decision shall be deemed to have been served on the absent
18party on the date when a copy of the decision is personally
19delivered or on the date when a copy of the decision is
20deposited in the Unites States mail, in a sealed envelope or
21package, with postage prepaid, addressed to each party affected
22by the decision or to such party's attorney of record, if any,
23at the address on record for such person in the files of the
24electoral board.
25    Upon the expiration of the period within which a proceeding
26for judicial review must be commenced under Section 10-10.1,

 

 

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1the electoral board shall, unless a proceeding for judicial
2review has been commenced within such period, transmit, by
3registered or certified mail, a certified copy of its ruling,
4together with the original certificate of nomination or
5nomination papers or petitions and the original objector's
6petition, to the officer or board with whom the certificate of
7nomination or nomination papers or petitions, as objected to,
8were on file, and such officer or board shall abide by and
9comply with the ruling so made to all intents and purposes.
10(Source: P.A. 98-115, eff. 7-29-13.)
 
11    (10 ILCS 5/11-6)  (from Ch. 46, par. 11-6)
12    Sec. 11-6. Within 60 days after the effective date of this
13amendatory Act of the 98th General Assembly, each election
14authority shall transmit to the principal office of the State
15Board of Elections and publish on any website maintained by the
16election authority maps in electronic portable document format
17(.PDF) showing the current boundaries of all the precincts
18within its jurisdiction. Whenever election precincts in an
19election jurisdiction have been redivided or readjusted, the
20county board or board of election commissioners shall prepare
21maps in electronic portable document format (.PDF) showing such
22election precinct boundaries no later than 90 days before the
23next scheduled election. The maps shall show the boundaries of
24all political subdivisions and districts. The county board or
25board of election commissioners shall immediately forward

 

 

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1copies thereof to the chairman of each county central committee
2in the county, to each township, ward, or precinct
3committeeman, and each local election official whose political
4subdivision is wholly or partly in the county and, upon
5request, shall furnish copies thereof to each candidate for
6political or public office in the county and shall transmit
7copies thereof to the principal office of the State Board of
8Elections and publish copies thereof on any website maintained
9by the election authority.
10Within 60 days of the effective date of this amendatory Act of
111983, each election authority shall transmit to the principal
12office of the State Board of Elections maps showing the current
13boundaries of all the precincts within its jurisdiction.
14Whenever election precincts in an election jurisdiction have
15been redivided or readjusted, the county board or board of
16election commissioners shall prepare maps showing such
17election precinct boundaries no later than 45 days before the
18next scheduled election. The maps, or transparent overlays,
19shall show the boundaries of all political subdivisions and
20districts. The county board or board of election commissioners
21shall immediately forward copies thereof to the chairman of
22each county central committee in the county, to each township,
23ward or precinct committeeman and each local election official
24whose political subdivision is wholly or partly in the county
25and, upon request, shall furnish copies thereof to each
26candidate for political or public office in the county and

 

 

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1shall transmit copies thereof to the principal office of the
2State Board of Elections.
3(Source: P.A. 84-861.)
 
4    (10 ILCS 5/13-2.5)
5    Sec. 13-2.5. Time off from work to serve as election judge.
6Any person who is appointed as an election judge under Section
713-1 or 13-2 may, after giving his or her employer at least 20
8days' written notice, be absent from his or her place of work
9for the purpose of serving as an election judge. An employer
10may not penalize an employee for that absence other than a
11deduction in salary for the time the employee was absent from
12his or her place of employment. An employer may not require an
13employee to use earned vacation time or any form of paid leave
14time to serve as an election judge.
15    This Section does not apply to an employer with fewer than
1625 employees. An employer with more than 25 employees shall not
17be required to permit more than 10% of the employees to be
18absent under this Section on the same election day.
19(Source: P.A. 94-645, eff. 8-22-05.)
 
20    (10 ILCS 5/14-4.5)
21    Sec. 14-4.5. Time off from work to serve as election judge.
22Any person who is appointed as an election judge under Section
2313-1 or 13-2 may, after giving his or her employer at least 20
24days' written notice, be absent from his or her place of work

 

 

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1for the purpose of serving as an election judge. An employer
2may not penalize an employee for that absence other than a
3deduction in salary for the time the employee was absent from
4his or her place of employment. An employer may not require an
5employee to use earned vacation time or any form of paid leave
6time to serve as an election judge.
7    This Section does not apply to an employer with fewer than
825 employees. An employer with more than 25 employees shall not
9be required to permit more than 10% of the employees to be
10absent under this Section on the same election day.
11(Source: P.A. 94-645, eff. 8-22-05.)
 
12    (10 ILCS 5/18A-5)
13    Sec. 18A-5. Provisional voting; general provisions.
14    (a) A person who claims to be a registered voter is
15entitled to cast a provisional ballot under the following
16circumstances:
17        (1) The person's name does not appear on the official
18    list of eligible voters for the precinct in which the
19    person seeks to vote. The official list is the centralized
20    statewide voter registration list established and
21    maintained in accordance with Section 1A-25;
22        (2) The person's voting status has been challenged by
23    an election judge, a pollwatcher, or any legal voter and
24    that challenge has been sustained by a majority of the
25    election judges;

 

 

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1        (3) A federal or State court order extends the time for
2    closing the polls beyond the time period established by
3    State law and the person votes during the extended time
4    period;
5        (4) The voter registered to vote by mail and is
6    required by law to present identification when voting
7    either in person or by absentee ballot, but fails to do so;
8        (5) The voter's name appears on the list of voters who
9    voted during the early voting period, but the voter claims
10    not to have voted during the early voting period; or
11        (6) The voter received an absentee ballot but did not
12    return the absentee ballot to the election authority; or .
13        (7) The voter registered to vote during the grace
14    period on the day before election day or on election day
15    during the 2014 general election.
16    (b) The procedure for obtaining and casting a provisional
17ballot at the polling place shall be as follows:
18        (1) After first verifying through an examination of the
19    precinct register that the person's address is within the
20    precinct boundaries, an election judge at the polling place
21    shall notify a person who is entitled to cast a provisional
22    ballot pursuant to subsection (a) that he or she may cast a
23    provisional ballot in that election. An election judge must
24    accept any information provided by a person who casts a
25    provisional ballot that the person believes supports his or
26    her claim that he or she is a duly registered voter and

 

 

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1    qualified to vote in the election. However, if the person's
2    residence address is outside the precinct boundaries, the
3    election judge shall inform the person of that fact, give
4    the person the appropriate telephone number of the election
5    authority in order to locate the polling place assigned to
6    serve that address, and instruct the person to go to the
7    proper polling place to vote.
8        (2) The person shall execute a written form provided by
9    the election judge that shall state or contain all of the
10    following that is available:
11             (i) an affidavit stating the following:
12                State of Illinois, County of ................,
13            Township ............., Precinct ........, Ward
14            ........, I, ......................., do solemnly
15            swear (or affirm) that: I am a citizen of the
16            United States; I am 18 years of age or older; I
17            have resided in this State and in this precinct for
18            30 days preceding this election; I have not voted
19            in this election; I am a duly registered voter in
20            every respect; and I am eligible to vote in this
21            election. Signature ...... Printed Name of Voter
22            ....... Printed Residence Address of Voter ......
23            City ...... State .... Zip Code ..... Telephone
24            Number ...... Date of Birth ....... and Illinois
25            Driver's License Number ....... or Last 4 digits of
26            Social Security Number ...... or State

 

 

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1            Identification Card Number issued to you by the
2            Illinois Secretary of State........
3            (ii) A box for the election judge to check one of
4        the 6 reasons why the person was given a provisional
5        ballot under subsection (a) of Section 18A-5.
6            (iii) An area for the election judge to affix his
7        or her signature and to set forth any facts that
8        support or oppose the allegation that the person is not
9        qualified to vote in the precinct in which the person
10        is seeking to vote.
11        The written affidavit form described in this
12    subsection (b)(2) must be printed on a multi-part form
13    prescribed by the county clerk or board of election
14    commissioners, as the case may be.
15        (3) After the person executes the portion of the
16    written affidavit described in subsection (b)(2)(i) of
17    this Section, the election judge shall complete the portion
18    of the written affidavit described in subsection
19    (b)(2)(iii) and (b)(2)(iv).
20        (4) The election judge shall give a copy of the
21    completed written affidavit to the person. The election
22    judge shall place the original written affidavit in a
23    self-adhesive clear plastic packing list envelope that
24    must be attached to a separate envelope marked as a
25    "provisional ballot envelope". The election judge shall
26    also place any information provided by the person who casts

 

 

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

 

 

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

 

 

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1registration information in the State voter registration
2database and voter registration database of the county clerk or
3board of election commissioners, as the case may be. If a
4person is later determined not to be a registered voter based
5on Section 18A-15 of this Code, then the affidavit shall be
6processed by the county clerk or board of election
7commissioners, as the case may be, as a voter registration
8application.
9(Source: P.A. 97-766, eff. 7-6-12.)
 
10    (10 ILCS 5/18A-15)
11    Sec. 18A-15. Validating and counting provisional ballots.
12    (a) The county clerk or board of election commissioners
13shall complete the validation and counting of provisional
14ballots within 14 calendar days of the day of the election. The
15county clerk or board of election commissioners shall have 7
16calendar days from the completion of the validation and
17counting of provisional ballots to conduct its final canvass.
18The State Board of Elections shall complete within 31 calendar
19days of the election or sooner if all the returns are received,
20its final canvass of the vote for all public offices.
21    (b) If a county clerk or board of election commissioners
22determines that all of the following apply, then a provisional
23ballot is valid and shall be counted as a vote:
24        (1) the provisional voter cast the provisional ballot
25    in the correct precinct based on the address provided by

 

 

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1    the provisional voter unless the provisional voter cast a
2    ballot pursuant to paragraph (7) of subsection (a) of
3    Section 18A-5, in which case the provisional ballot must
4    have been cast in the correct election jurisdiction based
5    on the address provided. The provisional voter's affidavit
6    shall serve as a change of address request by that voter
7    for registration purposes for the next ensuing election if
8    it bears an address different from that in the records of
9    the election authority. Votes for federal and statewide
10    offices on a provisional ballot cast in the incorrect
11    precinct that meet the other requirements of this
12    subsection shall be valid and counted in accordance with
13    rules adopted by the State Board of Elections. As used in
14    this item, "federal office" is defined as provided in
15    Section 20-1 and "statewide office" means the Governor,
16    Attorney General, Secretary of State, Comptroller, and
17    Treasurer. Votes for General Assembly, countywide,
18    citywide, or township office on a provisional ballot cast
19    in the incorrect precinct but in the correct legislative
20    district, representative district, county, municipality,
21    or township, as the case may be, shall be valid and counted
22    in accordance with rules adopted by the State Board of
23    Elections. As used in this item, "citywide office" means an
24    office elected by the electors of an entire municipality.
25    As used in this item, "township office" means an office
26    elected by the electors of an entire township;

 

 

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1        (2) the affidavit executed by the provisional voter
2    pursuant to subsection (b)(2) of Section 18A-5 contains, at
3    a minimum, the provisional voter's first and last name,
4    house number and street name, and signature or mark;
5        (3) the provisional voter is a registered voter based
6    on information available to the county clerk or board of
7    election commissioners provided by or obtained from any of
8    the following:
9            i. the provisional voter;
10            ii. an election judge;
11            iii. the statewide voter registration database
12        maintained by the State Board of Elections;
13            iv. the records of the county clerk or board of
14        election commissioners' database; or
15            v. the records of the Secretary of State; and
16        (4) for a provisional ballot cast under item (6) of
17    subsection (a) of Section 18A-5, the voter did not vote by
18    absentee ballot in the election at which the provisional
19    ballot was cast.
20    (c) With respect to subsection (b)(3) of this Section, the
21county clerk or board of election commissioners shall
22investigate and record whether or not the specified information
23is available from each of the 5 identified sources. If the
24information is available from one or more of the identified
25sources, then the county clerk or board of election
26commissioners shall seek to obtain the information from each of

 

 

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

 

 

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1registered to vote, then the information found in the records
2of the county clerk or board of election commissioners shall
3control the matter and the provisional voter shall be deemed to
4be registered to vote. If the provisional voter's signature on
5his or her provisional ballot request varies from the signature
6on an otherwise valid registration application solely because
7of the substitution of initials for the first or middle name,
8the election authority may not reject the provisional ballot.
9    (d) In validating the registration status of a person
10casting a provisional ballot, the county clerk or board of
11election commissioners shall not require a provisional voter to
12complete any form other than the affidavit executed by the
13provisional voter under subsection (b)(2) of Section 18A-5. In
14addition, the county clerk or board of election commissioners
15shall not require all provisional voters or any particular
16class or group of provisional voters to appear personally
17before the county clerk or board of election commissioners or
18as a matter of policy require provisional voters to submit
19additional information to verify or otherwise support the
20information already submitted by the provisional voter. Within
212 calendar days after the election, the election authority
22shall transmit by electronic means pursuant to a process
23established by the State Board of Elections the name, street
24address, e-mail address, and precinct, ward, township, and
25district numbers, as the case may be, of each person casting a
26provisional ballot 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 provisional voter
4may, within 7 calendar days after the election, submit
5additional information to the county clerk or board of election
6commissioners. This information must be received by the county
7clerk or board of election commissioners within the
87-calendar-day period.
9    (e) If the county clerk or board of election commissioners
10determines that subsection (b)(1), (b)(2), or (b)(3) does not
11apply, then the provisional ballot is not valid and may not be
12counted. The provisional ballot envelope containing the ballot
13cast by the provisional voter may not be opened. The county
14clerk or board of election commissioners shall write on the
15provisional ballot envelope the following: "Provisional ballot
16determined invalid.".
17    (f) If the county clerk or board of election commissioners
18determines that a provisional ballot is valid under this
19Section, then the provisional ballot envelope shall be opened.
20The outside of each provisional ballot envelope shall also be
21marked to identify the precinct and the date of the election.
22    (g) Provisional ballots determined to be valid shall be
23counted at the election authority's central ballot counting
24location and shall not be counted in precincts. The provisional
25ballots determined to be valid shall be added to the vote
26totals for the precincts from which they were cast in the order

 

 

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

 

 

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1ballots were cast. The election judges or election officials
2shall then place each sealed envelope or bag into a box, secure
3and seal it in the same manner as described in item (6) of
4subsection (b) of Section 18A-5. Each election judge or
5election official shall take and subscribe an oath before the
6county clerk or board of election commissioners that the
7election judge or election official securely kept the ballots
8and papers in the box, did not permit any person to open the
9box or otherwise touch or tamper with the ballots and papers in
10the box, and has no knowledge of any other person opening the
11box. For purposes of this Section, the term "election official"
12means the county clerk, a member of the board of election
13commissioners, as the case may be, and their respective
14employees.
15(Source: P.A. 97-766, eff. 7-6-12; 98-115, eff. 7-29-13.)
 
16    (10 ILCS 5/19-2)  (from Ch. 46, par. 19-2)
17    Sec. 19-2. Any elector as defined in Section 19-1 may by
18mail or electronically on the website of the appropriate
19election authority, not more than 90 40 nor less than 5 days
20prior to the date of such election, or by personal delivery not
21more than 90 40 nor less than one day prior to the date of such
22election, make application to the county clerk or to the Board
23of Election Commissioners for an official ballot for the
24voter's precinct to be voted at such election. The URL address
25at which voters may electronically request an absentee ballot

 

 

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1shall be fixed no later than 90 calendar days before an
2election and shall not be changed until after the election.
3Such a ballot shall be delivered to the elector only upon
4separate application by the elector for each election.
5(Source: P.A. 97-81, eff. 7-5-11; 98-115, eff. 7-29-13.)
 
6    (10 ILCS 5/19A-10)
7    Sec. 19A-10. Permanent polling places for early voting.
8    (a) An election authority may establish permanent polling
9places for early voting by personal appearance at locations
10throughout the election authority's jurisdiction, including
11but not limited to a municipal clerk's office, a township
12clerk's office, a road district clerk's office, or a county or
13local public agency office. Except as otherwise provided in
14subsection (b), any person entitled to vote early by personal
15appearance may do so at any polling place established for early
16voting.
17    (b) If it is impractical for the election authority to
18provide at each polling place for early voting a ballot in
19every form required in the election authority's jurisdiction,
20the election authority may:
21        (1) provide appropriate forms of ballots to the office
22    of the municipal clerk in a municipality not having a board
23    of election commissioners; the township clerk; or in
24    counties not under township organization, the road
25    district clerk; and

 

 

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1        (2) limit voting at that polling place to registered
2    voters in that municipality, ward or group of wards,
3    township, or road district.
4    If the early voting polling place does not have the correct
5ballot form for a person seeking to vote early, the election
6judge or election official conducting early voting at that
7polling place shall inform the person of that fact, give the
8person the appropriate telephone number of the election
9authority in order to locate an early voting polling place with
10the correct ballot form for use in that person's assigned
11precinct, and instruct the person to go to the proper early
12voting polling place to vote early.
13    (c) During each general primary and general election, each
14election authority in a county with a population over 250,000
15shall establish at least one permanent polling place for early
16voting by personal appearance at a location within each of the
173 largest municipalities within its jurisdiction. If any of the
183 largest municipalities is over 80,000, the election authority
19shall establish at least 2 permanent polling places within the
20municipality. All population figures shall be determined by the
21federal census.
22    (d) During each general primary and general election, each
23board of election commissioners established under Article 6 of
24this Code in any city, village, or incorporated town with a
25population over 100,000 shall establish at least 2 permanent
26polling places for early voting by personal appearance. All

 

 

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1population figures shall be determined by the federal census.
2    (e) During each general primary and general election, each
3election authority in a county with a population of over
4100,000 but under 250,000 persons shall establish at least one
5polling place for early voting by personal appearance. The
6location for early voting may be the election authority's main
7office or another location designated by the election
8authority. The election authority may designate additional
9sites for early voting by personal appearance. All population
10figures shall be determined by the federal census.
11(Source: P.A. 94-645, eff. 8-22-05; 95-699, eff. 11-9-07.)
 
12    (10 ILCS 5/19A-15)
13    Sec. 19A-15. Period for early voting; hours.
14    (a) The period for early voting by personal appearance
15begins the 15th day preceding a general primary, consolidated
16primary, consolidated, or general election and extends through
17the 3rd day before election day, except that for the 2014
18general election the period for early voting by personal
19appearance shall extend through the 2nd day before election
20day.
21    (b) Except as otherwise provided by this Section, a A
22permanent polling place for early voting must remain open
23during the hours of 8:30 a.m. to 4:30 p.m., or 9:00 a.m. to
245:00 p.m., on weekdays and 9:00 a.m. to 12:00 p.m. on Saturdays
25and holidays, and 12:00 p.m. to 3:00 p.m. on Sundays; except

 

 

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1that, in addition to the hours required by this subsection, a
2permanent early voting polling place designated by an election
3authority under subsection (c) of Section 19A-10 must remain
4open for a total of at least 8 hours on any holiday during the
5early voting period and a total of at least 14 hours on the
6final weekend during the early voting period. For the 2014
7general election, a permanent polling place for early voting
8must remain open during the hours of 8:30 a.m. to 4:30 p.m. or
99:00 a.m. to 5:00 p.m. on weekdays, except that beginning 8
10days before election day, a permanent polling place for early
11voting must remain open during the hours of 8:30 a.m. to 7:00
12p.m., or 9:00 a.m. to 7:00 p.m.. For the 2014 general election,
13a permanent polling place for early voting shall remain open
14during the hours of 9:00 a.m. to 12:00 p.m. on Saturdays and
1510:00 a.m. to 4:00 p.m. on Sundays; except that, in addition to
16the hours required by this subsection (b), a permanent early
17voting place designated by an election authority under
18subsection (c) of Section 19A-10 must remain open for a total
19of at least 14 hours on the final weekend during the early
20voting period.
21    (c) Notwithstanding subsections (a) and (b), an election
22authority may close an early voting polling place if the
23building in which the polling place is located has been closed
24by the State or unit of local government in response to a
25severe weather emergency. In the event of a closure, the
26election authority shall conduct early voting on the 2nd day

 

 

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1before election day from 8:30 a.m. to 4:30 p.m. or 9:00 a.m. to
25:00 p.m. The election authority shall notify the State Board
3of Elections of any closure and shall make reasonable efforts
4to provide notice to the public of the extended early voting
5period.
6    (d) Notwithstanding subsections (a) and (b), in 2013 only,
7an election authority may close an early voting place on Good
8Friday, Holy Saturday, and Easter Sunday, provided that the
9early voting place remains open 2 hours later on April 3, 4,
10and 5 of 2013. The election authority shall notify the State
11Board of Elections of any closure and shall provide notice to
12the public of the closure and the extended hours during the
13final week.
14(Source: P.A. 97-81, eff. 7-5-11; 97-766, eff. 7-6-12; 98-4,
15eff. 3-12-13; 98-115, eff. 7-29-13.)
 
16    (10 ILCS 5/19A-35)
17    Sec. 19A-35. Procedure for voting.
18    (a) Not more than 23 days before the start of the election,
19the county clerk shall make available to the election official
20conducting early voting by personal appearance a sufficient
21number of early ballots, envelopes, and printed voting
22instruction slips for the use of early voters. The election
23official shall receipt for all ballots received and shall
24return unused or spoiled ballots at the close of the early
25voting period to the county clerk and must strictly account for

 

 

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1all ballots received. The ballots delivered to the election
2official must include early ballots for each precinct in the
3election authority's jurisdiction and must include separate
4ballots for each political subdivision conducting an election
5of officers or a referendum at that election.
6    (b) In conducting early voting under this Article, the
7election judge or official is required to verify the signature
8of the early voter by comparison with the signature on the
9official registration card, and the judge or official must
10verify (i) the identity of the applicant, (ii) that the
11applicant is a registered voter, (iii) the precinct in which
12the applicant is registered, and (iv) the proper ballots of the
13political subdivision in which the applicant resides and is
14entitled to vote before providing an early ballot to the
15applicant. Except for during the 2014 general election, the The
16applicant's identity must be verified by the applicant's
17presentation of an Illinois driver's license, a non-driver
18identification card issued by the Illinois Secretary of State,
19a photo identification card issued by a university or college,
20or another government-issued identification document
21containing the applicant's photograph. The election judge or
22official must verify the applicant's registration from the most
23recent poll list provided by the election authority, and if the
24applicant is not listed on that poll list, by telephoning the
25office of the election authority.
26    (b-5) A person requesting an early voting ballot to whom an

 

 

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1absentee ballot was issued may vote early if the person submits
2that absentee ballot to the judges of election or official
3conducting early voting for cancellation. If the voter is
4unable to submit the absentee ballot, it shall be sufficient
5for the voter to submit to the judges or official (i) a portion
6of the absentee ballot if the absentee ballot was torn or
7mutilated or (ii) an affidavit executed before the judges or
8official specifying that (A) the voter never received an
9absentee ballot or (B) the voter completed and returned an
10absentee ballot and was informed that the election authority
11did not receive that absentee ballot.
12    (b-10) Within one day after a voter casts an early voting
13ballot, the election authority shall transmit the voter's name,
14street address, and precinct, ward, township, and district
15numbers, as the case may be, to the State Board of Elections,
16which shall maintain those names and that information in an
17electronic format on its website, arranged by county and
18accessible to State and local political committees.
19    (b-15) Immediately after voting an early ballot, the voter
20shall be instructed whether the voting equipment accepted or
21rejected the ballot or identified that ballot as under-voted
22for a statewide constitutional office. A voter whose ballot is
23identified as under-voted may return to the voting booth and
24complete the voting of that ballot. A voter whose early voting
25ballot is not accepted by the voting equipment may, upon
26surrendering the ballot, request and vote another early voting

 

 

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1ballot. The voter's surrendered ballot shall be initialed by
2the election judge or official conducting the early voting and
3handled as provided in the appropriate Article governing the
4voting equipment used.
5    (c) The sealed early ballots in their carrier envelope
6shall be delivered by the election authority to the central
7ballot counting location before the close of the polls on the
8day of the election.
9(Source: P.A. 95-699, eff. 11-9-07; 96-317, eff. 1-1-10.)
 
10    Section 905. The School Code is amended by changing Section
119-11.1 as follows:
 
12    (105 ILCS 5/9-11.1)  (from Ch. 122, par. 9-11.1)
13    Sec. 9-11.1. The county clerk or the board of election
14commissioners, as the case may be, of the jurisdiction in which
15the principal office of the school district is located local
16election official shall conduct a lottery to determine the
17ballot order of candidates for full terms in the event of any
18simultaneous petition filings. Such candidate lottery shall be
19conducted as follows:
20    All petitions filed by persons waiting in line as of 8:00
21a.m. on the first day for filing, or as of the normal opening
22hour of the office involved on such day, shall be deemed
23simultaneously filed as of 8:00 a.m. or the normal opening
24hour, as the case may be. Petitions filed by mail and received

 

 

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1after midnight of the first day for filing and in the first
2mail delivery or pickup of that day shall be deemed
3simultaneously filed as of 8:00 a.m. of that day or as of the
4normal opening hour of such day, as the case may be. All
5petitions received thereafter shall be deemed filed in the
6order of actual receipt. However, 2 or more petitions filed
7within the last hour of the filing deadline shall be deemed
8filed simultaneously.
9    Where 2 or more petitions are received simultaneously for
10the same office as of 8:00 a.m. on the first day for petition
11filing, or as of the normal opening hour of the office of the
12county clerk or the board of election commissioners, as the
13case may be, the county clerk or the board of election
14commissioners local election official, the local election
15official with whom such petitions are filed shall break ties
16and determine the order of filing by means of a lottery or
17other fair and impartial method of random selection. Such
18lottery shall be conducted within 9 days following the last day
19for petition filing and shall be open to the public. Seven days
20written notice of the time and place of conducting such random
21selection shall be given by the county clerk or the board of
22election commissioners local election official to all
23candidates who filed their petitions simultaneously and to each
24organization of citizens within the election jurisdiction
25which was entitled, under the general election law, at the next
26preceding election, to have pollwatchers present on the day of

 

 

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1election. The county clerk or the board of election
2commissioners local election official shall post in a
3conspicuous, open and public place, at the entrance of his or
4her office, notice of the time and place of such lottery.
5    All candidates shall be certified in the order in which
6their petitions have been filed and in the manner prescribed by
7Section 10-15 of the general election law. Where candidates
8have filed simultaneously, they shall be certified in the order
9prescribed by this Section and prior to candidates who filed
10for the same office at a later time.
11    Where elections are conducted for unexpired terms, a second
12lottery to determine ballot order shall be conducted for
13candidates who simultaneously file petitions for such
14unexpired terms. Such lottery shall be conducted in the same
15manner as prescribed by this Section for full term candidates.
16(Source: P.A. 84-1338.)
 
17    Section 997. Severability. If any provision of this Act or
18its application to any person or circumstance is held invalid,
19the invalidity of that provision or application does not affect
20other provisions or applications of this Act that can be given
21effect without the invalid provision or application.
 
22    Section 999. Effective date. This Act takes effect upon
23becoming law.