Full Text of SB1529 99th General Assembly
SB1529ham002 99TH GENERAL ASSEMBLY | Rep. Barbara Flynn Currie Filed: 5/27/2016
| | 09900SB1529ham002 | | LRB099 06102 MLM 49228 a |
|
| 1 | | AMENDMENT TO SENATE BILL 1529
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1529, AS AMENDED, | 3 | | by replacing everything after the enacting clause with the | 4 | | following:
| 5 | | "Section 5. The Election Code is amended by changing | 6 | | Sections 1-3, 1-12, 1A-16.5, 1A-16.8, 4-8, 4-20, 4-33, 5-7, | 7 | | 5-28, 5-43, 6-35, 6-65, 6-79, 9-3, 10-6, 19-3, 19-4, 19-8, | 8 | | 20-2, 20-2.1, 20-2.2, 20-2.3, 20-3, 20-8, 20-10, 24C-12 and | 9 | | 29-5, and by adding Sections 1-13 and 1A-50 as follows:
| 10 | | (10 ILCS 5/1-3) (from Ch. 46, par. 1-3)
| 11 | | Sec. 1-3. As used in this Act, unless the context otherwise | 12 | | requires:
| 13 | | 1. "Election" includes the submission of all questions of | 14 | | public
policy, propositions, and all measures submitted to | 15 | | popular vote, and
includes primary elections when so indicated | 16 | | by the context.
|
| | | 09900SB1529ham002 | - 2 - | LRB099 06102 MLM 49228 a |
|
| 1 | | 2. "Regular election" means the general, general primary,
| 2 | | consolidated and consolidated primary elections regularly | 3 | | scheduled in Article
2A. The even numbered year municipal | 4 | | primary established in Article 2A is
a regular election only | 5 | | with respect to those municipalities in which a
primary is | 6 | | required to be held on such date.
| 7 | | 3. "Special election" means an election not regularly | 8 | | recurring at fixed
intervals, irrespective of whether it is | 9 | | held at the same time and place and by
the same election | 10 | | officers as a regular election.
| 11 | | 4. "General election" means the biennial election at which | 12 | | members of
the General Assembly are elected. "General primary | 13 | | election", "consolidated election" and "consolidated primary | 14 | | election" mean
the respective elections or the election dates | 15 | | designated and established
in Article 2A of this Code.
| 16 | | 5. "Municipal election" means an election or primary, | 17 | | either regular
or special, in cities, villages, and | 18 | | incorporated towns; and "municipality"
means any such city, | 19 | | village or incorporated town.
| 20 | | 6. "Political or governmental subdivision" means any unit | 21 | | of local
government, or school district in which elections are | 22 | | or may be held.
"Political or governmental subdivision" also | 23 | | includes, for election purposes,
Regional Boards of School | 24 | | Trustees, and Township Boards of School Trustees.
| 25 | | 7. The word "township" and the word "town" shall apply
| 26 | | interchangeably to the type of governmental organization |
| | | 09900SB1529ham002 | - 3 - | LRB099 06102 MLM 49228 a |
|
| 1 | | established in
accordance with the provisions of the Township | 2 | | Code. The term
"incorporated town" shall mean a municipality | 3 | | referred to as an
incorporated town in the Illinois Municipal | 4 | | Code, as now or hereafter
amended.
| 5 | | 8. "Election authority" means a county clerk or a Board of | 6 | | Election
Commissioners.
| 7 | | 9. "Election Jurisdiction" means (a) an entire county, in | 8 | | the case of
a county in which no city board of election | 9 | | commissioners is located or
which is under the jurisdiction of | 10 | | a county board of election commissioners;
(b) the territorial | 11 | | jurisdiction of a city board of election commissioners;
and (c) | 12 | | the territory in a county outside of the jurisdiction of a city
| 13 | | board of election commissioners. In each instance election | 14 | | jurisdiction
shall be determined according to which election | 15 | | authority maintains the
permanent registration records of | 16 | | qualified electors.
| 17 | | 10. "Local election official" means the clerk or secretary | 18 | | of a unit
of local government or school district, as the case | 19 | | may be, the treasurer
of a township board of school trustees, | 20 | | and the regional superintendent
of schools with respect to the | 21 | | various school officer elections and school
referenda for which | 22 | | the regional superintendent is assigned election duties
by The | 23 | | School Code, as now or hereafter amended.
| 24 | | 11. "Judges of election", "primary judges" and similar | 25 | | terms, as
applied to cases where there are 2 sets of judges, | 26 | | when used in
connection with duties at an election during the |
| | | 09900SB1529ham002 | - 4 - | LRB099 06102 MLM 49228 a |
|
| 1 | | hours the polls are
open, refer to the team of judges of | 2 | | election on duty during such hours;
and, when used with | 3 | | reference to duties after the closing of the polls,
refer to | 4 | | the team of tally judges designated to count the vote after the
| 5 | | closing of the polls and the holdover judges designated | 6 | | pursuant to
Section 13-6.2 or 14-5.2. In such case, where, | 7 | | after the closing of the
polls, any act is required to be | 8 | | performed by each of the judges of
election, it shall be | 9 | | performed by each of the tally judges and by each
of the | 10 | | holdover judges.
| 11 | | 12. "Petition" of candidacy as used in Sections 7-10 and | 12 | | 7-10.1
shall consist of a statement of candidacy, candidate's | 13 | | statement
containing oath, and sheets containing signatures of | 14 | | qualified primary
electors bound together.
| 15 | | 13. "Election district" and "precinct", when used with | 16 | | reference to
a 30-day residence requirement, means the smallest | 17 | | constituent territory
in which electors vote as a unit at the | 18 | | same polling place in any
election governed by this Act.
| 19 | | 14. "District" means any area which votes as a unit for the | 20 | | election of
any officer, other than the State or a unit of | 21 | | local government or school
district, and includes, but is not | 22 | | limited to, legislative, congressional
and judicial districts, | 23 | | judicial circuits, county board districts,
municipal and | 24 | | sanitary district wards, school board districts, and | 25 | | precincts.
| 26 | | 15. "Question of public policy" or "public question"
means |
| | | 09900SB1529ham002 | - 5 - | LRB099 06102 MLM 49228 a |
|
| 1 | | any question, proposition or measure submitted to the voters at | 2 | | an
election dealing with subject matter other than the | 3 | | nomination or election
of candidates and shall include, but is | 4 | | not limited to, any bond or tax
referendum, and questions | 5 | | relating to the Constitution.
| 6 | | 16. "Ordinance providing the form of government of a | 7 | | municipality
or county pursuant to Article VII of the | 8 | | Constitution" includes ordinances,
resolutions and petitions | 9 | | adopted by referendum which provide for the form
of government, | 10 | | the officers or the manner of selection or terms of office
of | 11 | | officers of such municipality or county, pursuant to the | 12 | | provisions of
Sections 4, 6 or 7 of Article VII of the | 13 | | Constitution.
| 14 | | 17. "List" as used in Sections 4-11, 4-22, 5-14, 5-29, | 15 | | 6-60, and 6-66
shall include a computer tape or computer disc | 16 | | or other electronic data
processing information containing | 17 | | voter information.
| 18 | | 18. "Accessible" means accessible to persons with | 19 | | disabilities and elderly
individuals for the purpose of voting | 20 | | or registration, as determined by
rule of the State Board of | 21 | | Elections.
| 22 | | 19. "Elderly" means 65 years of age or older.
| 23 | | 20. "Person with a disability" means a person having a | 24 | | temporary or permanent physical disability.
| 25 | | 21. "Leading political party" means one of the two | 26 | | political parties
whose candidates for governor at the most |
| | | 09900SB1529ham002 | - 6 - | LRB099 06102 MLM 49228 a |
|
| 1 | | recent three gubernatorial
elections received either the | 2 | | highest or second highest average number of
votes. The | 3 | | political party whose candidates for governor received the
| 4 | | highest average number of votes shall be known as the first | 5 | | leading
political party and the political party whose | 6 | | candidates for governor
received the second highest average | 7 | | number of votes shall be known as the
second leading political | 8 | | party.
| 9 | | 22. "Business day" means any day in which the office of an | 10 | | election
authority, local election official or the State Board | 11 | | of Elections is open
to the public for a minimum of 7 hours.
| 12 | | 23. "Homeless individual" means any person who has a | 13 | | nontraditional
residence, including, but not limited to, a | 14 | | shelter, day shelter, park
bench, street corner, or space under | 15 | | a bridge.
| 16 | | 24. "Signature" means a name signed in ink or in digitized | 17 | | form. This definition does not apply to a nominating or | 18 | | candidate petition or a referendum petition. | 19 | | 25. "Intelligent mail barcode tracking system" means a | 20 | | printed trackable barcode attached to the return business reply | 21 | | envelope for mail-in ballots under Article 19 or Article 20 | 22 | | that allows an election authority to determine the date the | 23 | | envelope was mailed in absence of a postmark. | 24 | | (Source: P.A. 99-143, eff. 7-27-15.)
| 25 | | (10 ILCS 5/1-12) |
| | | 09900SB1529ham002 | - 7 - | LRB099 06102 MLM 49228 a |
|
| 1 | | Sec. 1-12. Public university voting. | 2 | | (a) Each appropriate election authority shall, in addition | 3 | | to the early voting conducted at locations otherwise required | 4 | | by law, conduct early voting, grace period registration, and | 5 | | grace period voting at the student union on the campus of a | 6 | | public university within the election authority's | 7 | | jurisdiction. The voting required by this subsection (a) to be | 8 | | conducted on campus must be conducted from the 6th day before a | 9 | | general primary or general election until and including the 4th | 10 | | day before a general primary or general election from 10:00 | 11 | | a.m. to 5 p.m. and as otherwise required by Article 19A of this | 12 | | Code, except that the voting required by this subsection (a) | 13 | | need not be conducted during a consolidated primary or | 14 | | consolidated election. If an election authority has voting | 15 | | equipment that can accommodate a ballot in every form required | 16 | | in the election authority's jurisdiction, then the election | 17 | | authority shall extend early voting and grace period | 18 | | registration and voting under this Section to any registered | 19 | | voter in the election authority's jurisdiction. However, if the | 20 | | election authority does not have voting equipment that can | 21 | | accommodate a ballot in every form required in the election | 22 | | authority's jurisdiction, then the election authority may | 23 | | limit early voting and grace period registration and voting | 24 | | under this Section to voters in precincts where the public | 25 | | university is located and precincts bordering the university. | 26 | | Each public university shall make the space available at the |
| | | 09900SB1529ham002 | - 8 - | LRB099 06102 MLM 49228 a |
|
| 1 | | student union for, and cooperate and coordinate with the | 2 | | appropriate election authority in, the implementation of this | 3 | | subsection (a).
| 4 | | (b) (Blank). | 5 | | (c) For the purposes of this Section, "public university" | 6 | | means the University of Illinois, Illinois State University, | 7 | | Chicago State University, Governors State University, Southern | 8 | | Illinois University, Northern Illinois University, Eastern | 9 | | Illinois University, Western Illinois University, and | 10 | | Northeastern Illinois University. | 11 | | (d) For the purposes of this Section, "student union" means | 12 | | the Student Center at 750 S. Halsted on the University of | 13 | | Illinois-Chicago campus; the Public Affairs Center at the | 14 | | University of Illinois at Springfield or a new building | 15 | | completed after the effective date of this Act housing student | 16 | | government at the University of Illinois at Springfield; the | 17 | | Illini Union at the University of Illinois at Urbana-Champaign; | 18 | | the SIUC Student Center at the Southern Illinois University at | 19 | | Carbondale campus; the Morris University Center at the Southern | 20 | | Illinois University at Edwardsville campus; the University | 21 | | Union at the Western Illinois University at the Macomb campus; | 22 | | the Holmes Student Center at the Northern Illinois University | 23 | | campus; the University Union at the Eastern Illinois University | 24 | | campus; NEIU Student Union at the Northeastern Illinois | 25 | | University campus; the Bone Student Center at the Illinois | 26 | | State University campus; the Cordell Reed Student Union at the |
| | | 09900SB1529ham002 | - 9 - | LRB099 06102 MLM 49228 a |
|
| 1 | | Chicago State University campus; and the Hall of Governors in | 2 | | Building D at the Governors State University campus. | 3 | | (Source: P.A. 98-115, eff. 7-29-13; 98-691, eff. 7-1-14; | 4 | | 98-1171, eff. 6-1-15 .) | 5 | | (10 ILCS 5/1-13 new) | 6 | | Sec. 1-13. Forms of signature. The making and signing of | 7 | | any form, including an application to register, a certificate | 8 | | authorizing cancellation of a registration or authorizing a | 9 | | transfer of registration, an application to vote, a provisional | 10 | | ballot, or affidavit, but not including a nominating or | 11 | | candidate petition or a referendum petition, may be by a | 12 | | signature written in ink or in digitized form. | 13 | | (10 ILCS 5/1A-16.5) | 14 | | Sec. 1A-16.5. Online voter registration. | 15 | | (a) The State Board of Elections shall establish and | 16 | | maintain a system for online voter registration that permits a | 17 | | person to apply to register to vote or to update his or her | 18 | | existing voter registration. In accordance with technical | 19 | | specifications provided by the State Board of Elections, each | 20 | | election authority shall maintain a voter registration system | 21 | | capable of receiving and processing voter registration | 22 | | application information, including electronic signatures, from | 23 | | the online voter registration system established by the State | 24 | | Board of Elections. |
| | | 09900SB1529ham002 | - 10 - | LRB099 06102 MLM 49228 a |
|
| 1 | | (b) The online voter registration system shall employ | 2 | | security measures to ensure the accuracy and integrity of voter | 3 | | registration applications submitted electronically pursuant to | 4 | | this Section. | 5 | | (c) The Board may receive voter registration information | 6 | | provided by applicants using the State Board of Elections' | 7 | | website, may cross reference that information with data or | 8 | | information contained in the Secretary of State's database in | 9 | | order to match the information submitted by applicants, and may | 10 | | receive from the Secretary of State the applicant's digitized | 11 | | signature upon a successful match of that applicant's | 12 | | information with that contained in the Secretary of State's | 13 | | database. | 14 | | (d) Notwithstanding any other provision of law, a person | 15 | | who is qualified to register to vote and who has an authentic | 16 | | Illinois driver's license or State identification card issued | 17 | | by the Secretary of State may submit an application to register | 18 | | to vote electronically on a website maintained by the State | 19 | | Board of Elections. | 20 | | (e) An online voter registration application shall contain | 21 | | all of the information that is required for a paper application | 22 | | as provided in Section 1A-16 of this Code, except that the | 23 | | applicant shall be required to provide: | 24 | | (1) the applicant's full Illinois driver's license or | 25 | | State identification card number; | 26 | | (2) the last 4 digits of the applicant's social |
| | | 09900SB1529ham002 | - 11 - | LRB099 06102 MLM 49228 a |
|
| 1 | | security number; and | 2 | | (3) the date the Illinois driver's license or State | 3 | | identification card was issued. | 4 | | (f) For an applicant's registration or change in | 5 | | registration to be accepted, the applicant shall mark the box | 6 | | associated with the following statement included as part of the | 7 | | online voter registration application: | 8 | | "By clicking on the box below, I swear or affirm all of the | 9 | | following: | 10 | | (1) I am the person whose name and identifying information | 11 | | is provided on this form, and I desire to register to vote in | 12 | | the State of Illinois. | 13 | | (2) All the information I have provided on this form is | 14 | | true and correct as of the date I am submitting this form. | 15 | | (3) I authorize the Secretary of State to transmit to the | 16 | | State Board of Elections my signature that is on file with the | 17 | | Secretary of State and understand that such signature will be | 18 | | used by my local election authority on this online voter | 19 | | registration application for admission as an elector as if I | 20 | | had signed this form personally.". | 21 | | (g) Immediately upon receiving a completed online voter | 22 | | registration application, the online voter registration system | 23 | | shall send, by electronic mail, a confirmation notice that the | 24 | | application has been received. Within 48 hours of receiving | 25 | | such an application, the online voter registration system shall | 26 | | send by electronic mail, a notice informing the applicant of |
| | | 09900SB1529ham002 | - 12 - | LRB099 06102 MLM 49228 a |
|
| 1 | | whether the following information has been matched with the | 2 | | Secretary of State database: | 3 | | (1) that the applicant has an authentic Illinois | 4 | | driver's license or State identification card issued by the | 5 | | Secretary of State and that the driver's license or State | 6 | | identification number provided by the applicant matches | 7 | | the driver's license or State identification card number | 8 | | for that person on file with the Secretary of State; | 9 | | (2) that the date of issuance of the Illinois driver's | 10 | | license or State identification card listed on the | 11 | | application matches the date of issuance of that card for | 12 | | that person on file with the Secretary of State; | 13 | | (3) that the date of birth provided by the applicant | 14 | | matches the date of birth for that person on file with the | 15 | | Secretary of State; and | 16 | | (4) that the last 4 digits of the applicant's social | 17 | | security number matches the last 4 digits for that person | 18 | | on file with the Secretary of State. | 19 | | (h) If the information provided by the applicant matches | 20 | | the information on the Secretary of State's databases for any | 21 | | driver's license and State identification card holder and is | 22 | | matched as provided in subsection (g) above, the online voter | 23 | | registration system shall: | 24 | | (1) retrieve from the Secretary of State's database | 25 | | files an electronic copy of the applicant's signature from | 26 | | his or her Illinois driver's license or State |
| | | 09900SB1529ham002 | - 13 - | LRB099 06102 MLM 49228 a |
|
| 1 | | identification card and such signature shall be deemed to | 2 | | be the applicant's signature on his or her online voter | 3 | | registration application; | 4 | | (2) within 2 days of receiving the application, forward | 5 | | to the county clerk or board of election commissioners | 6 | | having jurisdiction over the applicant's voter | 7 | | registration: (i) the application, along with the | 8 | | applicant's relevant data that can be directly loaded into | 9 | | the jurisdiction's voter registration system and (ii) a | 10 | | copy of the applicant's electronic signature and a | 11 | | certification from the State Board of Elections that the | 12 | | applicant's driver's license or State identification card | 13 | | number, driver's license or State identification card date | 14 | | of issuance, and date of birth and social security | 15 | | information have been successfully matched. | 16 | | (i) Upon receipt of the online voter registration | 17 | | application, the county clerk or board of election | 18 | | commissioners having jurisdiction over the applicant's voter | 19 | | registration shall promptly search its voter registration | 20 | | database to determine whether the applicant is already | 21 | | registered to vote at the address on the application and | 22 | | whether the new registration would create a duplicate | 23 | | registration. If the applicant is already registered to vote at | 24 | | the address on the application, the clerk or board, as the case | 25 | | may be, shall send the applicant by first class mail, and | 26 | | electronic mail if the applicant has provided an electronic |
| | | 09900SB1529ham002 | - 14 - | LRB099 06102 MLM 49228 a |
|
| 1 | | mail address on the original voter registration form for that | 2 | | address, a disposition notice as otherwise required by law | 3 | | informing the applicant that he or she is already registered to | 4 | | vote at such address. If the applicant is not already | 5 | | registered to vote at the address on the application and the | 6 | | applicant is otherwise eligible to register to vote, the clerk | 7 | | or board, as the case may be, shall: | 8 | | (1) enter the name and address of the applicant on the | 9 | | list of registered voters in the jurisdiction; and | 10 | | (2) send by mail, and electronic mail if the applicant | 11 | | has provided an electronic mail address on the voter | 12 | | registration form, a disposition notice to the applicant as | 13 | | otherwise provided by law setting forth the applicant's | 14 | | name and address as it appears on the application and | 15 | | stating that the person is registered to vote. | 16 | | (j) An electronic signature of the person submitting a | 17 | | duplicate registration application or a change of address form | 18 | | that is retrieved and imported from the Secretary of State's | 19 | | driver's license or State identification card database as | 20 | | provided herein may, in the discretion of the clerk or board, | 21 | | be substituted for and replace any existing signature for that | 22 | | individual in the voter registration database of the county | 23 | | clerk or board of election commissioners. | 24 | | (k) Any new registration or change of address submitted | 25 | | electronically as provided in this Section shall become | 26 | | effective as of the date it is received by the county clerk or |
| | | 09900SB1529ham002 | - 15 - | LRB099 06102 MLM 49228 a |
|
| 1 | | board of election commissioners having jurisdiction over said | 2 | | registration. Disposition notices prescribed in this Section | 3 | | shall be sent within 5 business days of receipt of the online | 4 | | application or change of address by the county clerk or board | 5 | | of election commissioners. | 6 | | (l) All provisions of this Code governing voter | 7 | | registration and applicable thereto and not inconsistent with | 8 | | this Section shall apply to online voter registration under | 9 | | this Section. All applications submitted on a website | 10 | | maintained by the State Board of Elections shall be deemed | 11 | | timely filed if they are submitted no later than 11:59 p.m. on | 12 | | the 16th day final day for voter registration prior to an | 13 | | election. After the registration period for an upcoming | 14 | | election has ended and until the 2nd day following such | 15 | | election, the web page containing the online voter registration | 16 | | form on the State Board of Elections website shall inform users | 17 | | of the procedure for grace period voting. | 18 | | (m) The State Board of Elections shall maintain a list of | 19 | | the name, street address, e-mail address, and likely precinct, | 20 | | ward, township, and district numbers, as the case may be, of | 21 | | people who apply to vote online through the voter registration | 22 | | system and those names and that information shall be stored in | 23 | | an electronic format on its website, arranged by county and | 24 | | accessible to State and local political committees. | 25 | | (n) The Illinois State Board of Elections shall develop or | 26 | | cause to be developed an online voter registration system able |
| | | 09900SB1529ham002 | - 16 - | LRB099 06102 MLM 49228 a |
|
| 1 | | to be accessed by at least the top two most used mobile | 2 | | electronic operating systems by January 1, 2016. | 3 | | (o) (Blank).
| 4 | | (p) Each State department that maintains an Internet | 5 | | website must include a hypertext link to the homepage website | 6 | | maintained and operated pursuant to this Section 1A-16.5. For | 7 | | the purposes of this Section, "State department" means the | 8 | | departments of State Government listed in Section 5-15 of the | 9 | | Civil Administrative Code of Illinois (General Provisions and | 10 | | Departments of State Government). | 11 | | (Source: P.A. 98-115, eff. 7-29-13; 98-756, eff. 7-16-14; | 12 | | 98-1171, eff. 6-1-15 .) | 13 | | (10 ILCS 5/1A-16.8) | 14 | | Sec. 1A-16.8. Automatic transfer of registration based | 15 | | upon information from the National Change of Address database. | 16 | | The State Board of Elections shall cross-reference the | 17 | | statewide voter registration database against the United | 18 | | States Postal Service's National Change of Address database | 19 | | twice each calendar year, April 15 and October 1 in | 20 | | odd-numbered years and April 15 and December 1 in even-numbered | 21 | | years, and shall share the findings with the election | 22 | | authorities. An election authority shall automatically | 23 | | register any voter who has moved into its jurisdiction from | 24 | | another jurisdiction in Illinois or has moved within its | 25 | | jurisdiction provided that: |
| | | 09900SB1529ham002 | - 17 - | LRB099 06102 MLM 49228 a |
|
| 1 | | (1) the election authority whose jurisdiction includes | 2 | | the new registration address provides the voter an | 3 | | opportunity to reject the change in registration address | 4 | | through a mailing, sent by non-forwardable mail, to the new | 5 | | registration address, and | 6 | | (2) when the election authority whose jurisdiction | 7 | | includes the previous registration address is a different | 8 | | election authority, then that election authority provides | 9 | | the same opportunity through a mailing, sent by forwardable | 10 | | mail, to the previous registration address. | 11 | | This change in registration shall trigger the same | 12 | | inter-jurisdictional or intra-jurisdictional workflows as if | 13 | | the voter completed a new registration card, including the | 14 | | cancellation of the voter's previous registration. Should the | 15 | | registration of a voter be changed from one address to another | 16 | | within the State and should the voter appear at the polls and | 17 | | offer to vote from the prior registration address, attesting | 18 | | that the prior registration address is the true current | 19 | | address, the voter, if confirmed by the election authority as | 20 | | having been registered at the prior registration address and | 21 | | canceled only by the process authorized by this Section, shall | 22 | | be issued a regular ballot, and the change of registration | 23 | | address shall be canceled. If the election authority is unable | 24 | | to immediately confirm the registration, the voter shall be | 25 | | issued a provisional ballot and the provisional ballot shall be | 26 | | counted .
|
| | | 09900SB1529ham002 | - 18 - | LRB099 06102 MLM 49228 a |
|
| 1 | | (Source: P.A. 98-1171, eff. 6-1-15 .) | 2 | | (10 ILCS 5/1A-50 new) | 3 | | Sec. 1A-50. The ERIC Operations Trust Fund. The ERIC | 4 | | Operations Trust Fund (Trust Fund) is created as a | 5 | | nonappropriated trust fund to be held outside of the State | 6 | | treasury, with the State Treasurer as ex officio custodian. The | 7 | | Trust Fund shall be financed by a combination of private | 8 | | donations and by appropriations by the General Assembly. The | 9 | | Board may accept from all sources, contributions, grants, | 10 | | gifts, bequeaths, legacies of money, and securities to be | 11 | | deposited into the Trust Fund. All deposits shall become part | 12 | | of the Trust Fund corpus. Moneys in the Trust Fund are not | 13 | | subject to appropriation and shall be used by the Board solely | 14 | | for the costs and expenses related to the participation in the | 15 | | Electronic Registration Information Center pursuant to this | 16 | | Code. | 17 | | All gifts, grants, assets, funds, or moneys received by the | 18 | | Board for the purpose of participation in the Electronic | 19 | | Registration Information Center shall be deposited and held in | 20 | | the Trust Fund by the State Treasurer separate and apart from | 21 | | all public moneys or funds of this State and shall be | 22 | | administered by the Board exclusively for the purposes set | 23 | | forth in this Section. All moneys in the Trust Fund shall be | 24 | | invested and reinvested by the State Treasurer. All interest | 25 | | accruing from these investments shall be deposited in the Trust |
| | | 09900SB1529ham002 | - 19 - | LRB099 06102 MLM 49228 a |
|
| 1 | | Fund. | 2 | | The ERIC Operations Trust Fund is not subject to sweeps, | 3 | | administrative charge-backs, or any other fiscal or budgetary | 4 | | maneuver that would in any way transfer any amounts from the | 5 | | ERIC Operations Trust Fund into any other fund of the State.
| 6 | | (10 ILCS 5/4-8) (from Ch. 46, par. 4-8)
| 7 | | Sec. 4-8. The county clerk shall provide a sufficient | 8 | | number of blank
forms for the registration of electors, which | 9 | | shall be known as
registration record cards and which shall | 10 | | consist of loose leaf sheets
or cards, of suitable size to | 11 | | contain in plain writing and figures the
data hereinafter | 12 | | required thereon or shall consist of computer cards of
suitable | 13 | | nature to contain the data required thereon. The registration | 14 | | record
cards, which shall include an affidavit of registration | 15 | | as hereinafter
provided, shall be executed in duplicate.
| 16 | | The registration record card shall contain the following | 17 | | and such
other information as the county clerk may think it | 18 | | proper to require for
the identification of the applicant for | 19 | | registration:
| 20 | | Name. The name of the applicant, giving surname and first | 21 | | or
Christian name in full, and the middle name or the initial | 22 | | for such
middle name, if any.
| 23 | | Sex.
| 24 | | Residence. The name and number of the street, avenue, or | 25 | | other location of
the dwelling, including the apartment, unit |
| | | 09900SB1529ham002 | - 20 - | LRB099 06102 MLM 49228 a |
|
| 1 | | or room number, if any, and in the
case of a mobile home the lot | 2 | | number, and such additional clear and definite
description as | 3 | | may be necessary to determine the exact location of the
| 4 | | dwelling of the applicant. Where the location cannot be | 5 | | determined by
street and number, then the section, | 6 | | congressional township and range
number may be used, or such | 7 | | other description as may be necessary,
including post-office | 8 | | mailing address. In the case of a homeless individual,
the | 9 | | individual's voting residence that is his or her mailing | 10 | | address shall be
included on his or her registration record | 11 | | card.
| 12 | | Term of residence in the State of Illinois and precinct. | 13 | | This
information shall be furnished by the applicant stating | 14 | | the place or
places where he resided and the dates during which | 15 | | he resided in such
place or places during the year next | 16 | | preceding the date of the next
ensuing election.
| 17 | | Nativity. The state or country in which the applicant was | 18 | | born.
| 19 | | Citizenship. Whether the applicant is native born or | 20 | | naturalized. If
naturalized, the court, place, and date of | 21 | | naturalization.
| 22 | | Date of application for registration, i.e., the day, month | 23 | | and year
when applicant presented himself for registration.
| 24 | | Age. Date of birth, by month, day and year.
| 25 | | Physical disability of the applicant, if any, at the time | 26 | | of
registration, which would require assistance in voting.
|
| | | 09900SB1529ham002 | - 21 - | LRB099 06102 MLM 49228 a |
|
| 1 | | The county and state in which the applicant was last | 2 | | registered.
| 3 | | Electronic mail address, if any. | 4 | | Signature of voter. The applicant, after the registration | 5 | | and in the
presence of a deputy registrar or other officer of | 6 | | registration shall be
required to sign his or her name in ink | 7 | | or digitized form to the affidavit on both the
original and | 8 | | duplicate registration record cards.
| 9 | | Signature of deputy registrar or officer of registration.
| 10 | | In case applicant is unable to sign his name, he may affix | 11 | | his mark
to the affidavit. In such case the officer empowered | 12 | | to give the
registration oath shall write a detailed | 13 | | description of the applicant in
the space provided on the back | 14 | | or at the bottom of the card or sheet;
and shall ask the | 15 | | following questions and record the answers thereto:
| 16 | | Father's first name.
| 17 | | Mother's first name.
| 18 | | From what address did the applicant last register?
| 19 | | Reason for inability to sign name.
| 20 | | Each applicant for registration shall make an affidavit in
| 21 | | substantially the following form:
| 22 | | AFFIDAVIT OF REGISTRATION
| 23 | | STATE OF ILLINOIS
| 24 | | COUNTY OF .......
| 25 | | I hereby swear (or affirm) that I am a citizen of the | 26 | | United States;
that on the date of the next election I shall |
| | | 09900SB1529ham002 | - 22 - | LRB099 06102 MLM 49228 a |
|
| 1 | | have resided in the State
of Illinois and in the election | 2 | | precinct in which I reside 30 days and
that I intend that this | 3 | | location shall be my residence; that
I am fully qualified to | 4 | | vote, and that the above statements are true.
| 5 | | ..............................
| 6 | | (His or her signature or mark)
| 7 | | Subscribed and sworn to before me on (insert date).
| 8 | | ..................................
| 9 | | Signature of registration officer.
| 10 | | (To be signed in presence of registrant.)
| 11 | | Space shall be provided upon the face of each registration | 12 | | record
card for the notation of the voting record of the person | 13 | | registered
thereon.
| 14 | | Each registration record card shall be numbered according | 15 | | to
precincts, and may be serially or otherwise marked for | 16 | | identification in
such manner as the county clerk may | 17 | | determine.
| 18 | | The registration cards shall be deemed public records and | 19 | | shall be
open to inspection during regular business hours, | 20 | | except during the 27
days immediately preceding any election. | 21 | | On written request of any
candidate or objector or any person | 22 | | intending to object to a petition, the
election authority shall | 23 | | extend its hours for inspection of registration
cards and other | 24 | | records of the election authority during the period
beginning | 25 | | with the filing of petitions under Sections 7-10, 8-8, 10-6 or
|
| | | 09900SB1529ham002 | - 23 - | LRB099 06102 MLM 49228 a |
|
| 1 | | 28-3 and continuing through the termination of electoral board | 2 | | hearings on
any objections to petitions containing signatures | 3 | | of registered voters in
the jurisdiction of the election | 4 | | authority. The extension shall be for a
period of hours | 5 | | sufficient to allow adequate opportunity for examination of
the | 6 | | records but the election authority is not required to extend | 7 | | its hours
beyond the period beginning at its normal opening for | 8 | | business and ending
at midnight. If the business hours are so | 9 | | extended, the election authority
shall post a public notice of | 10 | | such extended hours. Registration record
cards may also be | 11 | | inspected, upon approval of the officer in charge of the
cards, | 12 | | during the 27 days immediately preceding any election.
| 13 | | Registration
record cards shall also be open to inspection by | 14 | | certified judges and poll
watchers and challengers at the | 15 | | polling place on election day, but only to
the extent necessary | 16 | | to determine the question of the right of a person to
vote or | 17 | | to serve as a judge of election. At no time shall poll watchers | 18 | | or
challengers be allowed to physically handle the registration | 19 | | record cards.
| 20 | | Updated copies of computer tapes or computer discs or other | 21 | | electronic data
processing information containing voter | 22 | | registration information shall
be furnished by the county clerk | 23 | | within 10 days after December 15 and
May
15 each year and | 24 | | within 10 days after each registration
period is closed to the | 25 | | State Board of Elections in a form
prescribed by the
Board. For | 26 | | the purposes of this Section, a registration period is closed |
| | | 09900SB1529ham002 | - 24 - | LRB099 06102 MLM 49228 a |
|
| 1 | | 27
days before the date of any regular or special election. | 2 | | Registration
information shall include, but not be limited to, | 3 | | the
following information: name, sex, residence, telephone | 4 | | number, if any,
age, party affiliation, if applicable, | 5 | | precinct, ward, township,
county, and representative, | 6 | | legislative and
congressional districts. In the event of | 7 | | noncompliance, the State
Board of Elections is directed to | 8 | | obtain compliance forthwith with this
nondiscretionary duty of | 9 | | the election authority by instituting legal
proceedings in the | 10 | | circuit court of the county in which the election
authority | 11 | | maintains the registration information. The costs of | 12 | | furnishing
updated copies of tapes or discs shall be paid at a | 13 | | rate of $.00034 per
name of registered voters in the election | 14 | | jurisdiction, but not less than
$50 per tape or disc and shall | 15 | | be paid from appropriations made to the
State Board of | 16 | | Elections for reimbursement to the election authority for
such | 17 | | purpose. The State Board shall furnish copies of such tapes, | 18 | | discs, other
electronic data or compilations thereof to state | 19 | | political committees
registered pursuant to the Illinois | 20 | | Campaign Finance Act or the Federal
Election Campaign Act and | 21 | | to governmental entities, at their request and at a reasonable | 22 | | cost.
To protect the privacy and confidentiality of voter | 23 | | registration information,
the disclosure
of electronic voter | 24 | | registration records to any person or entity other than to a
| 25 | | State or local political
committee and other than to a | 26 | | governmental entity for a governmental
purpose is specifically |
| | | 09900SB1529ham002 | - 25 - | LRB099 06102 MLM 49228 a |
|
| 1 | | prohibited except as follows: subject to security measures | 2 | | adopted by the State Board of Elections which, at a minimum, | 3 | | shall include the keeping of a catalog or database, available | 4 | | for public view, including the name, address, and telephone | 5 | | number of the person viewing the list as well as the time of | 6 | | that viewing, any person may view the centralized statewide | 7 | | voter registration list on a computer screen at the Springfield | 8 | | office of the State Board of Elections, during normal business | 9 | | hours other than during the 27 days before an election, but the | 10 | | person viewing the list under this exception may not print, | 11 | | duplicate, transmit, or alter the list. Copies of
the tapes, | 12 | | discs, or other electronic data shall be furnished by the | 13 | | county
clerk to local political committees and governmental | 14 | | entities at their request and at a
reasonable cost.
Reasonable | 15 | | cost of the tapes, discs, et cetera for
this purpose would be | 16 | | the cost of duplication plus 15% for
administration. The | 17 | | individual representing a political committee
requesting | 18 | | copies of such tapes shall make a sworn affidavit that the
| 19 | | information shall be used only for bona fide political | 20 | | purposes,
including by or for candidates for office or | 21 | | incumbent office holders.
Such tapes, discs or other electronic | 22 | | data shall not be used under any
circumstances by any political | 23 | | committee or individuals for purposes of
commercial | 24 | | solicitation or other business purposes. If such tapes
contain | 25 | | information on county residents related to the operations of
| 26 | | county government in addition to registration information, |
| | | 09900SB1529ham002 | - 26 - | LRB099 06102 MLM 49228 a |
|
| 1 | | that
information shall not be used under any circumstances for | 2 | | commercial
solicitation or other business purposes. The | 3 | | prohibition in this
Section against using the computer tapes or | 4 | | computer discs or other
electronic data processing information | 5 | | containing voter registration
information for purposes of | 6 | | commercial solicitation or other business
purposes shall be | 7 | | prospective only from the effective date of this
amended Act of | 8 | | 1979. Any person who violates this provision shall be
guilty of | 9 | | a Class 4 felony.
| 10 | | The State Board of Elections shall promulgate, by October | 11 | | 1, 1987, such
regulations as may be necessary to ensure | 12 | | uniformity throughout the State
in electronic data processing | 13 | | of voter registration information. The
regulations shall | 14 | | include, but need not be limited to, specifications for
uniform | 15 | | medium, communications protocol and file structure to be | 16 | | employed
by the election authorities of this State in the | 17 | | electronic data processing
of voter registration information. | 18 | | Each election authority utilizing
electronic data processing | 19 | | of voter registration information shall comply
with such | 20 | | regulations on and after May 15, 1988.
| 21 | | If the applicant for registration was last registered in | 22 | | another
county within this State, he shall also sign a | 23 | | certificate authorizing
cancellation of the former | 24 | | registration. The certificate shall be in
substantially the | 25 | | following form:
| 26 | | To the County Clerk of.... County, Illinois. (or)
|
| | | 09900SB1529ham002 | - 27 - | LRB099 06102 MLM 49228 a |
|
| 1 | | To the Election Commission of the City of ...., Illinois.
| 2 | | This is to certify that I am registered in your (county) | 3 | | (city) and
that my residence was ............................
| 4 | | Having moved out of your (county) (city), I hereby authorize | 5 | | you to
cancel said registration in your office.
| 6 | | Dated at ...., Illinois, on (insert date).
| 7 | | .................................
| 8 | | (Signature of Voter)
| 9 | | Attest: ................, County Clerk, .............
| 10 | | County, Illinois.
| 11 | | The cancellation certificate shall be mailed immediately | 12 | | by the
County Clerk to the County Clerk (or election commission | 13 | | as the case may
be) where the applicant was formerly | 14 | | registered. Receipt of such
certificate shall be full authority | 15 | | for cancellation of any previous
registration.
| 16 | | (Source: P.A. 98-115, eff. 10-1-13.)
| 17 | | (10 ILCS 5/4-20) (from Ch. 46, par. 4-20)
| 18 | | Sec. 4-20.
The original registration cards shall remain | 19 | | permanently
in the office of the county clerk or election | 20 | | authority except as destroyed as provided in
Section 4-5.01; | 21 | | shall be filed alphabetically without regard to
precincts; and | 22 | | shall be known as the master file. The master file may be kept | 23 | | in a computer-based voter registration file or paper format, | 24 | | provided a secondary digital back-up is kept off site. The | 25 | | digital file shall be searchable and remain current with all |
| | | 09900SB1529ham002 | - 28 - | LRB099 06102 MLM 49228 a |
|
| 1 | | registration activity conducted by the county clerk or election | 2 | | authority. The duplicate
registration cards shall constitute | 3 | | the official registry of voters for
all elections subject to | 4 | | the provisions of this Article 4, shall be
filed by precincts | 5 | | alphabetically or geographically so as to correspond
with the | 6 | | arrangement of the list for such precincts respectively,
| 7 | | compiled pursuant to Section 4-11 of this Article, and shall be | 8 | | known as
the precinct file. The duplicate cards for use in | 9 | | conducting elections
shall be delivered to the judges of | 10 | | election by the county clerk in a
suitable binder or other | 11 | | device, which shall be locked and sealed in
accordance with the | 12 | | directions to be given by the county clerk and shall
also be | 13 | | suitably indexed for convenient use by the precinct officers. | 14 | | The
duplicate cards
shall be delivered to the judges of
| 15 | | election for use at the polls for elections at the same time as | 16 | | the
official ballots are delivered to them, and shall be | 17 | | returned to the
county clerk by the judges of election within | 18 | | the time provided for the
return of the official ballots. The | 19 | | county clerk shall determine the
manner of delivery and return | 20 | | of such duplicate cards,
and shall at all other times retain | 21 | | them at his office except for such
use of them as may be made | 22 | | under this Article with respect to
registration not at the | 23 | | office of the county clerk.
| 24 | | (Source: P.A. 80-1469.)
| 25 | | (10 ILCS 5/4-33)
|
| | | 09900SB1529ham002 | - 29 - | LRB099 06102 MLM 49228 a |
|
| 1 | | Sec. 4-33. Computerization of voter records.
| 2 | | (a) The State Board of Elections shall design a | 3 | | registration record card
that, except as otherwise provided in | 4 | | this Section, shall be used in duplicate
by all election | 5 | | authorities in the State adopting a computer-based voter
| 6 | | registration file as provided in this Section. The Board shall | 7 | | prescribe the
form
and specifications, including but not | 8 | | limited to the weight of paper, color,
and print of the cards. | 9 | | The cards shall contain boxes or spaces for the
information | 10 | | required under Sections 4-8 and 4-21; provided that
the cards | 11 | | shall also contain: (i) A space for a person to fill in his or | 12 | | her
Illinois driver's license number if the person has a | 13 | | driver's license; (ii) A
space for a person without a driver's | 14 | | license to fill in the last four digits
of his or her social | 15 | | security number if the person has a social security
number.
| 16 | | (b) The election authority may develop and implement a | 17 | | system
to prepare,
use, and maintain a computer-based voter | 18 | | registration file that includes a
computer-stored image of the | 19 | | signature of each voter. The computer-based voter
registration | 20 | | file may be used for all purposes for which the original
| 21 | | registration cards are to be used , provided that a system for | 22 | | the storage of at
least one copy of the original registration | 23 | | cards remains in effect .
In the case of voter registration | 24 | | forms received via an online voter registration system, the | 25 | | original registration cards will include the signature | 26 | | received from the Secretary of State database. The electronic |
| | | 09900SB1529ham002 | - 30 - | LRB099 06102 MLM 49228 a |
|
| 1 | | file shall be the master file.
| 2 | | (b-2) The election authority may develop and implement a | 3 | | system to maintain registration cards in digital form using | 4 | | digitized signatures, which may be stored in a computer-based | 5 | | voter registration file under subsection (b) of this Section. | 6 | | The making and signing of any form, including an application to | 7 | | register and a certificate authorizing cancellation of a | 8 | | registration or authorizing a transfer of registration may be | 9 | | by a signature written in ink or by a digitized signature. | 10 | | (c) Any system created, used, and maintained under | 11 | | subsection
(b) of this
Section shall meet the following | 12 | | standards:
| 13 | | (1) Access to any computer-based voter registration | 14 | | file shall be limited
to those persons authorized by the | 15 | | election authority, and each access to the
computer-based | 16 | | voter registration file, other than an access solely for
| 17 | | inquiry, shall be recorded.
| 18 | | (2) No copy, summary, list, abstract, or index of any | 19 | | computer-based voter
registration file that includes any | 20 | | computer-stored image of the signature of
any registered | 21 | | voter shall be made available to the public outside of the
| 22 | | offices of the election authority.
| 23 | | (3) Any copy, summary, list, abstract, or index of any | 24 | | computer-based
voter
registration file that includes a | 25 | | computer-stored image of the signature of a
registered | 26 | | voter shall be produced in such a manner that it cannot be
|
| | | 09900SB1529ham002 | - 31 - | LRB099 06102 MLM 49228 a |
|
| 1 | | reproduced.
| 2 | | (4) Each person desiring to vote shall sign an | 3 | | application for a ballot,
and the signature comparison | 4 | | authorized in Articles 17 and 18 of this Code may
be made | 5 | | to a copy of the computer-stored image of the signature of | 6 | | the
registered voter.
| 7 | | (5) Any voter list produced from a computer-based voter | 8 | | registration file
that includes computer-stored images of | 9 | | the signatures of registered voters and
is used in a | 10 | | polling place during an election shall be preserved by the
| 11 | | election authority in secure storage until the end of the | 12 | | second calendar year
following the election in which it was | 13 | | used.
| 14 | | (d) Before the first election in which the election | 15 | | authority
elects to use
a voter list produced from the | 16 | | computer-stored images of the signatures of
registered voters | 17 | | in a computer-based voter registration file for signature
| 18 | | comparison in a polling place, the State Board of Elections | 19 | | shall certify that
the system used by the election authority | 20 | | complies with the standards set forth
in this Section. The | 21 | | State Board of Elections may request a sample poll list
| 22 | | intended to be used in a polling place to test the accuracy of | 23 | | the list and the
adequacy of the computer-stored images of the | 24 | | signatures of the registered
voters.
| 25 | | (e) With respect to a jurisdiction that has copied all of | 26 | | its
voter
signatures into a computer-based registration file, |
| | | 09900SB1529ham002 | - 32 - | LRB099 06102 MLM 49228 a |
|
| 1 | | all references in this Act
or any other Act to the use, other | 2 | | than storage, of paper-based voter
registration records shall | 3 | | be deemed to refer to their computer-based
equivalents.
| 4 | | (f) Nothing in this Section prevents an election authority | 5 | | from
submitting to the State Board of Elections a duplicate | 6 | | copy of some, as the
State Board of Elections shall determine, | 7 | | or all of the data contained in each
voter registration record | 8 | | that is part of the electronic master file. The
duplicate copy | 9 | | of the registration record shall be maintained by the State
| 10 | | Board of Elections under the same terms and limitations | 11 | | applicable to the
election authority and shall be of equal | 12 | | legal dignity with the original
registration record maintained | 13 | | by the election authority as proof of any fact
contained in the | 14 | | voter registration record.
| 15 | | (Source: P.A. 98-115, eff. 7-29-13.)
| 16 | | (10 ILCS 5/5-7)
(from Ch. 46, par. 5-7)
| 17 | | Sec. 5-7. The county clerk shall provide a sufficient | 18 | | number of
blank forms for the registration of electors which | 19 | | shall be known as
registration record cards and which shall | 20 | | consist of loose leaf sheets
or cards, of suitable size to | 21 | | contain in plain writing and figures the
data hereinafter | 22 | | required thereon or shall consist of computer cards of
suitable | 23 | | nature to contain the data required thereon. The registration
| 24 | | record cards, which shall include an affidavit of registration | 25 | | as
hereinafter provided, shall be executed in duplicate.
|
| | | 09900SB1529ham002 | - 33 - | LRB099 06102 MLM 49228 a |
|
| 1 | | The registration record card shall contain the following | 2 | | and such
other information as the county clerk may think it | 3 | | proper to require for
the identification of the applicant for | 4 | | registration:
| 5 | | Name. The name of the applicant, giving surname and first | 6 | | or
Christian name in full, and the middle name or the initial | 7 | | for such
middle name, if any.
| 8 | | Sex.
| 9 | | Residence. The name and number of the street, avenue, or | 10 | | other
location of the dwelling, including the apartment, unit | 11 | | or room number,
if any, and in the case of a mobile home the lot | 12 | | number, and such additional
clear and definite description as | 13 | | may be necessary to determine the exact
location of the | 14 | | dwelling of the applicant, including post-office mailing
| 15 | | address. In the case of a homeless individual, the individual's | 16 | | voting
residence that is his or her mailing address shall be | 17 | | included on his or her
registration record card.
| 18 | | Term of residence in the State of Illinois and the | 19 | | precinct. Which
questions may be answered by the applicant | 20 | | stating, in excess of 30 days
in the State and in excess of 30 | 21 | | days in the precinct.
| 22 | | Nativity. The State or country in which the applicant was | 23 | | born.
| 24 | | Citizenship. Whether the applicant is native born or | 25 | | naturalized. If
naturalized, the court, place and date of | 26 | | naturalization.
|
| | | 09900SB1529ham002 | - 34 - | LRB099 06102 MLM 49228 a |
|
| 1 | | Date of application for registration, i.e., the day, month | 2 | | and year
when applicant presented himself for registration.
| 3 | | Age. Date of birth, by month, day and year.
| 4 | | Physical disability of the applicant, if any, at the time | 5 | | of
registration, which would require assistance in voting.
| 6 | | The county and state in which the applicant was last | 7 | | registered.
| 8 | | Electronic mail address, if any. | 9 | | Signature of voter. The applicant, after the registration | 10 | | and in the
presence of a deputy registrar or other officer of | 11 | | registration shall be
required to sign his or her name in ink | 12 | | or digitized form to the affidavit on the original
and | 13 | | duplicate registration record card.
| 14 | | Signature of Deputy Registrar.
| 15 | | In case applicant is unable to sign his name, he may affix | 16 | | his mark
to the affidavit. In such case the officer empowered | 17 | | to give the
registration oath shall write a detailed | 18 | | description of the applicant in
the space provided at the | 19 | | bottom of the card or sheet; and shall ask the
following | 20 | | questions and record the answers thereto:
| 21 | | Father's first name .......................
| 22 | | Mother's first name .......................
| 23 | | From what address did you last register?
| 24 | | Reason for inability to sign name.
| 25 | | Each applicant for registration shall make an affidavit in
| 26 | | substantially the following form:
|
| | | 09900SB1529ham002 | - 35 - | LRB099 06102 MLM 49228 a |
|
| 1 | | AFFIDAVIT OF REGISTRATION
| 2 | | State of Illinois)
| 3 | | )ss
| 4 | | County of )
| 5 | | I hereby swear (or affirm) that I am a citizen of the | 6 | | United States;
that on the date of the next election I shall | 7 | | have resided in the State
of Illinois and in the election | 8 | | precinct in which I reside 30 days; that
I am fully qualified | 9 | | to vote. That I intend that this location shall be
my residence | 10 | | and that the above statements are true.
| 11 | | ..............................
| 12 | | (His or her signature or mark)
| 13 | | Subscribed and sworn to before me on (insert date).
| 14 | | .........................................
| 15 | | Signature of Registration Officer.
| 16 | | (To be signed in presence of Registrant.)
| 17 | | Space shall be provided upon the face of each registration | 18 | | record
card for the notation of the voting record of the person | 19 | | registered
thereon.
| 20 | | Each registration record card shall be numbered according | 21 | | to towns
and precincts, wards, cities and villages, as the case | 22 | | may be, and may
be serially or otherwise marked for | 23 | | identification in such manner as the
county clerk may | 24 | | determine.
| 25 | | The registration cards shall be deemed public records and |
| | | 09900SB1529ham002 | - 36 - | LRB099 06102 MLM 49228 a |
|
| 1 | | shall be
open to inspection during regular business hours, | 2 | | except during the 27
days immediately preceding any election. | 3 | | On written request of any
candidate or objector or any person | 4 | | intending to object to a petition, the
election authority shall | 5 | | extend its hours for inspection of registration
cards and other | 6 | | records of the election authority during the period
beginning | 7 | | with the filing of petitions under Sections 7-10, 8-8, 10-6 or
| 8 | | 28-3 and continuing through the termination of electoral board | 9 | | hearings on
any objections to petitions containing signatures | 10 | | of registered voters in
the jurisdiction of the election | 11 | | authority. The extension shall be for a
period of hours | 12 | | sufficient to allow adequate opportunity for examination of
the | 13 | | records but the election authority is not required to extend | 14 | | its hours
beyond the period beginning at its normal opening for | 15 | | business and ending
at midnight. If the business hours are so | 16 | | extended, the election authority
shall post a public notice of | 17 | | such extended hours. Registration record cards
may also be | 18 | | inspected, upon approval of the officer in charge of the cards,
| 19 | | during the 27 days immediately preceding any election. | 20 | | Registration
record
cards shall also be open to inspection by | 21 | | certified judges and poll watchers
and challengers at the | 22 | | polling place on election day, but only to the extent
necessary | 23 | | to determine the question of the right of a person to vote or | 24 | | to
serve as a judge of election. At no time shall poll watchers | 25 | | or challengers be
allowed to physically handle the registration | 26 | | record cards.
|
| | | 09900SB1529ham002 | - 37 - | LRB099 06102 MLM 49228 a |
|
| 1 | | Updated copies of computer tapes or computer discs or other | 2 | | electronic data
processing information containing voter | 3 | | registration information shall
be furnished by the county clerk | 4 | | within 10 days after December 15 and
May
15 each year and | 5 | | within 10 days after each registration
period is closed to the | 6 | | State Board of Elections in a form
prescribed by the
Board. For | 7 | | the purposes of this Section, a registration period is closed | 8 | | 27
days before the date of any regular or special election. | 9 | | Registration
information
shall include, but not be limited to, | 10 | | the
following information: name, sex, residence, telephone | 11 | | number, if any, age,
party affiliation, if applicable, | 12 | | precinct, ward, township, county, and
representative, | 13 | | legislative and congressional districts. In the event of
| 14 | | noncompliance, the State Board of Elections is directed to | 15 | | obtain compliance
forthwith with this nondiscretionary duty of | 16 | | the election authority by
instituting legal proceedings in the | 17 | | circuit court of the county in which the
election authority | 18 | | maintains the registration information. The costs of
| 19 | | furnishing updated copies of tapes or discs shall be paid at a | 20 | | rate of $.00034
per name of registered voters in the election | 21 | | jurisdiction, but not less than
$50 per tape or disc and shall | 22 | | be paid from appropriations made to the State
Board of | 23 | | Elections for reimbursement to the election authority for such
| 24 | | purpose. The State Board shall furnish copies of such tapes, | 25 | | discs, other electronic
data or compilations thereof to state | 26 | | political committees registered pursuant
to the Illinois |
| | | 09900SB1529ham002 | - 38 - | LRB099 06102 MLM 49228 a |
|
| 1 | | Campaign Finance Act or the Federal Election Campaign Act and | 2 | | to governmental entities, at
their request and at a reasonable | 3 | | cost.
To protect the privacy and confidentiality of voter | 4 | | registration information,
the disclosure
of electronic voter | 5 | | registration records to any person or entity other than to a
| 6 | | State or local political
committee and other than to a | 7 | | governmental entity for a governmental
purpose
is specifically | 8 | | prohibited except as follows: subject to security measures | 9 | | adopted by the State Board of Elections which, at a minimum, | 10 | | shall include the keeping of a catalog or database, available | 11 | | for public view, including the name, address, and telephone | 12 | | number of the person viewing the list as well as the time of | 13 | | that viewing, any person may view the centralized statewide | 14 | | voter registration list on a computer screen at the Springfield | 15 | | office of the State Board of Elections, during normal business | 16 | | hours other than during the 27 days before an election, but the | 17 | | person viewing the list under this exception may not print, | 18 | | duplicate, transmit, or alter the list.
Copies of the tapes, | 19 | | discs or other
electronic data shall be furnished by the county | 20 | | clerk to local political
committees and governmental entities | 21 | | at their request and at a reasonable cost. Reasonable cost of | 22 | | the
tapes, discs, et cetera for this purpose would be the cost | 23 | | of duplication plus
15% for administration. The individual | 24 | | representing a political committee
requesting copies of such | 25 | | tapes shall make a sworn affidavit that the
information shall | 26 | | be used only for bona fide political purposes,
including by or |
| | | 09900SB1529ham002 | - 39 - | LRB099 06102 MLM 49228 a |
|
| 1 | | for candidates for office or incumbent office holders.
Such | 2 | | tapes, discs or other electronic data shall not be used under | 3 | | any
circumstances by any political committee or individuals for | 4 | | purposes of
commercial solicitation or other business | 5 | | purposes. If such tapes
contain information on county residents | 6 | | related to the operations of
county government in addition to | 7 | | registration information, that
information shall not be used | 8 | | under any circumstances for commercial
solicitation or other | 9 | | business purposes. The prohibition in this
Section against | 10 | | using the computer tapes or computer discs or other
electronic | 11 | | data processing information containing voter registration
| 12 | | information for purposes of commercial solicitation or other | 13 | | business
purposes shall be prospective only from the effective | 14 | | date of this
amended Act of 1979. Any person who violates this | 15 | | provision shall be
guilty of a Class 4 felony.
| 16 | | The State Board of Elections shall promulgate, by October | 17 | | 1, 1987, such
regulations as may be necessary to ensure | 18 | | uniformity throughout the State
in electronic data processing | 19 | | of voter registration information. The
regulations shall | 20 | | include, but need not be limited to, specifications for
uniform | 21 | | medium, communications protocol and file structure to be | 22 | | employed
by the election authorities of this State in the | 23 | | electronic data processing
of voter registration information. | 24 | | Each election authority utilizing
electronic data processing | 25 | | of voter registration information shall comply
with such | 26 | | regulations on and after May 15, 1988.
|
| | | 09900SB1529ham002 | - 40 - | LRB099 06102 MLM 49228 a |
|
| 1 | | If the applicant for registration was last registered in | 2 | | another
county within this State, he shall also sign a | 3 | | certificate authorizing
cancellation of the former | 4 | | registration. The certificate shall be in
substantially the | 5 | | following form:
| 6 | | To the County Clerk of .... County, Illinois. To the Election
| 7 | | Commission of the City of ...., Illinois.
| 8 | | This is to certify that I am registered in your (county) | 9 | | (city) and
that my residence was .....
| 10 | | Having moved out of your (county) (city), I hereby | 11 | | authorize you to
cancel said registration in your office.
| 12 | | Dated at .... Illinois, on (insert date).
| 13 | | ....................
| 14 | | (Signature of Voter)
| 15 | | Attest ......, County Clerk, ........ County, Illinois.
| 16 | | The cancellation certificate shall be mailed immediately | 17 | | by the
county clerk to the county clerk (or election commission | 18 | | as the case may
be) where the applicant was formerly | 19 | | registered. Receipt of such
certificate shall be full authority | 20 | | for cancellation of any previous
registration.
| 21 | | (Source: P.A. 98-115, eff. 10-1-13.)
| 22 | | (10 ILCS 5/5-28) (from Ch. 46, par. 5-28)
| 23 | | Sec. 5-28.
The original registration record cards shall | 24 | | remain permanently in
the office of the county clerk or | 25 | | election authority except as destroyed as provided in
Section |
| | | 09900SB1529ham002 | - 41 - | LRB099 06102 MLM 49228 a |
|
| 1 | | 5-6; shall be filed alphabetically without regard to precincts;
| 2 | | and shall be known as the master file. The master file may be | 3 | | kept in a computer-based voter registration file or paper | 4 | | format, provided a secondary digital back-up is kept off site. | 5 | | The digital file shall be searchable and remain current with | 6 | | all registration activity conducted by the county clerk or | 7 | | election authority. The duplicate registration record
cards | 8 | | shall constitute the official registry of voters for all | 9 | | elections
and shall be filed by precincts and
townships. The | 10 | | duplicate cards for use in conducting
elections shall be | 11 | | delivered to the judges of election by the county
clerk in a | 12 | | suitable binder or other device, which shall be locked and
| 13 | | sealed in accordance with the directions to be given by the | 14 | | county clerk
and shall also be suitably indexed for convenient | 15 | | use by the precinct
officers. The precinct files shall be | 16 | | delivered to the judges of
election for use at the polls for | 17 | | elections at the same
time as the official ballots are | 18 | | delivered to them, and shall be
returned to the county clerk by | 19 | | the judges of election within the time
provided for the return | 20 | | of the official ballots. The county clerk shall
determine the | 21 | | manner of return and delivery of such file.
| 22 | | (Source: P.A. 80-1469 .)
| 23 | | (10 ILCS 5/5-43)
| 24 | | Sec. 5-43. Computerization of voter records.
| 25 | | (a) The State Board of Elections shall design a |
| | | 09900SB1529ham002 | - 42 - | LRB099 06102 MLM 49228 a |
|
| 1 | | registration record card
that, except as otherwise provided in | 2 | | this Section, shall be used in duplicate
by all election | 3 | | authorities in the State adopting a computer-based voter
| 4 | | registration file as provided in this Section. The Board shall | 5 | | prescribe the
form
and specifications, including but not | 6 | | limited to the weight of paper, color,
and print of the cards. | 7 | | The cards shall contain boxes or spaces for the
information | 8 | | required under Sections 5-7 and 5-28.1; provided that
the cards | 9 | | shall also contain: (i) A space for the person to fill in his | 10 | | or
her Illinois driver's license number if the person has a | 11 | | driver's license; (ii)
A space for a person without a driver's | 12 | | license to fill in the last four digits
of his or her social | 13 | | security number if the person has a social security
number.
| 14 | | (b) The election authority may develop and implement a | 15 | | system to
prepare,
use, and maintain a computer-based voter | 16 | | registration file that includes a
computer-stored image of the | 17 | | signature of each voter. The computer-based voter
registration | 18 | | file may be used for all purposes for which the original
| 19 | | registration cards are to be used , provided that a system for | 20 | | the storage of at
least one copy of the original registration | 21 | | cards remains in effect . In the case of voter registration | 22 | | forms received via an online voter registration system, the | 23 | | original registration cards will include the signature | 24 | | received from the Secretary of State database. The
electronic | 25 | | file shall be the master file.
| 26 | | (b-2) The election authority may develop and implement a |
| | | 09900SB1529ham002 | - 43 - | LRB099 06102 MLM 49228 a |
|
| 1 | | system to maintain registration cards in digital form using | 2 | | digitized signatures, which may be stored in a computer-based | 3 | | voter registration file under subsection (b) of this Section. | 4 | | The making and signing of any form, including an application to | 5 | | register and a certificate authorizing cancellation of a | 6 | | registration or authorizing a transfer of registration may be | 7 | | by a signature written in ink or by a digitized signature. | 8 | | (c) Any system created, used, and maintained under | 9 | | subsection
(b) of this
Section shall meet the following | 10 | | standards:
| 11 | | (1) Access to any computer-based voter registration | 12 | | file shall be limited
to those persons authorized by the | 13 | | election authority, and each access to the
computer-based | 14 | | voter registration file, other than an access solely for
| 15 | | inquiry, shall be recorded.
| 16 | | (2) No copy, summary, list, abstract, or index of any | 17 | | computer-based voter
registration file that includes any | 18 | | computer-stored image of the signature of
any registered | 19 | | voter shall be made available to the public outside of the
| 20 | | offices of the election authority.
| 21 | | (3) Any copy, summary, list, abstract, or index of any | 22 | | computer-based
voter
registration file that includes a | 23 | | computer-stored image of the signature of a
registered | 24 | | voter shall be produced in such a manner that it cannot be
| 25 | | reproduced.
| 26 | | (4) Each person desiring to vote shall sign an |
| | | 09900SB1529ham002 | - 44 - | LRB099 06102 MLM 49228 a |
|
| 1 | | application for a ballot,
and the signature comparison | 2 | | authorized in Articles 17 and 18 of this Code may
be made | 3 | | to a copy of the computer-stored image of the signature of | 4 | | the
registered voter.
| 5 | | (5) Any voter list produced from a computer-based voter | 6 | | registration file
that includes computer-stored images of | 7 | | the signatures of registered voters and
is used in a | 8 | | polling place during an election shall be preserved by the
| 9 | | election authority in secure storage until the end of the | 10 | | second calendar year
following the election in which it was | 11 | | used.
| 12 | | (d) Before the first election in which the election | 13 | | authority
elects to use
a voter list produced from the | 14 | | computer-stored images of the signatures of
registered voters | 15 | | in a computer-based voter registration file for signature
| 16 | | comparison in a polling place, the State Board of Elections | 17 | | shall certify that
the system used by the election authority | 18 | | complies with the standards set forth
in this Section. The | 19 | | State Board of Elections may request a sample poll list
| 20 | | intended to be used in a polling place to test the accuracy of | 21 | | the list and the
adequacy of the computer-stored images of the | 22 | | signatures of the registered
voters.
| 23 | | (e) With respect to a jurisdiction that has copied all of | 24 | | its
voter
signatures into a computer-based registration file, | 25 | | all references in this Act
or any other Act to the use, other | 26 | | than storage, of paper-based voter
registration records shall |
| | | 09900SB1529ham002 | - 45 - | LRB099 06102 MLM 49228 a |
|
| 1 | | be deemed to refer to their computer-based
equivalents.
| 2 | | (f) Nothing in this Section prevents an election authority | 3 | | from
submitting to the State Board of Elections a duplicate | 4 | | copy of some, as the
State Board of Elections shall determine, | 5 | | or all of the data contained in each
voter registration record | 6 | | that is part of the electronic master file. The
duplicate copy | 7 | | of the registration record shall be maintained by the State
| 8 | | Board of Elections under the same terms and limitations | 9 | | applicable to the
election authority and shall be of equal | 10 | | legal dignity with the original
registration record maintained | 11 | | by the election authority as proof of any fact
contained in the | 12 | | voter registration record.
| 13 | | (Source: P.A. 98-115, eff. 7-29-13.)
| 14 | | (10 ILCS 5/6-35) (from Ch. 46, par. 6-35)
| 15 | | Sec. 6-35. The Boards of Election Commissioners shall | 16 | | provide a
sufficient number of blank forms for the registration | 17 | | of electors which
shall be known as registration record cards | 18 | | and which shall consist of
loose leaf sheets or cards, of | 19 | | suitable size to contain in plain writing
and figures the data | 20 | | hereinafter required thereon or shall consist of computer
cards | 21 | | of suitable nature to contain the data required thereon. The | 22 | | registration
record cards, which shall include an affidavit of | 23 | | registration as
hereinafter provided, shall be executed in | 24 | | duplicate. The duplicate of
which may be a carbon copy of the | 25 | | original or a copy of the original
made by the use of other |
| | | 09900SB1529ham002 | - 46 - | LRB099 06102 MLM 49228 a |
|
| 1 | | method or material used for making simultaneous
true copies or | 2 | | duplications.
| 3 | | The registration record card shall contain the following | 4 | | and such
other information as the Board of Election | 5 | | Commissioners may think it
proper to require for the | 6 | | identification of the applicant for
registration:
| 7 | | Name. The name of the applicant, giving surname and first | 8 | | or
Christian name in full, and the middle name or the initial | 9 | | for such
middle name, if any.
| 10 | | Sex.
| 11 | | Residence. The name and number of the street, avenue, or | 12 | | other
location of the dwelling, including the apartment, unit | 13 | | or room number,
if any, and in the case of a mobile home the lot | 14 | | number, and such additional
clear and definite description as | 15 | | may be necessary to determine the exact
location of the | 16 | | dwelling of the applicant, including post-office mailing
| 17 | | address. In the case of a homeless individual, the individual's | 18 | | voting
residence that is his or her mailing address shall be | 19 | | included on his or her
registration record card.
| 20 | | Term of residence in the State of Illinois and the | 21 | | precinct.
| 22 | | Nativity. The state or country in which the applicant was | 23 | | born.
| 24 | | Citizenship. Whether the applicant is native born or | 25 | | naturalized. If
naturalized, the court, place, and date of | 26 | | naturalization.
|
| | | 09900SB1529ham002 | - 47 - | LRB099 06102 MLM 49228 a |
|
| 1 | | Date of application for registration, i.e., the day, month | 2 | | and year
when the applicant presented himself for registration.
| 3 | | Age. Date of birth, by month, day and year.
| 4 | | Physical disability of the applicant, if any, at the time | 5 | | of
registration, which would require assistance in voting.
| 6 | | The county and state in which the applicant was last | 7 | | registered.
| 8 | | Electronic mail address, if any. | 9 | | Signature of voter. The applicant, after registration and | 10 | | in the
presence of a deputy registrar or other officer of | 11 | | registration shall be
required to sign his or her name in ink | 12 | | or digitized form to the affidavit on both the
original and the | 13 | | duplicate registration record card.
| 14 | | Signature of deputy registrar.
| 15 | | In case applicant is unable to sign his name, he may affix | 16 | | his mark
to the affidavit. In such case the registration | 17 | | officer shall write a
detailed description of the applicant in | 18 | | the space provided at the
bottom of the card or sheet; and | 19 | | shall ask the following questions and
record the answers | 20 | | thereto:
| 21 | | Father's first name .........................
| 22 | | Mother's first name .........................
| 23 | | From what address did you last register? ....
| 24 | | Reason for inability to sign name ...........
| 25 | | Each applicant for registration shall make an affidavit in
| 26 | | substantially the following form:
|
| | | 09900SB1529ham002 | - 48 - | LRB099 06102 MLM 49228 a |
|
| 1 | | AFFIDAVIT OF REGISTRATION
| 2 | | State of Illinois )
| 3 | | )ss
| 4 | | County of ....... )
| 5 | | I hereby swear (or affirm) that I am a citizen of the | 6 | | United States,
that on the day of the next election I shall | 7 | | have resided in the State
of Illinois and in the election | 8 | | precinct 30 days and that I intend that
this location is my | 9 | | residence; that I am fully qualified to
vote, and that the | 10 | | above statements are true.
| 11 | | ..............................
| 12 | | (His or her signature or mark)
| 13 | | Subscribed and sworn to before me on (insert date).
| 14 | | ......................................
| 15 | | Signature of registration officer
| 16 | | (to be signed in presence of registrant).
| 17 | | Space shall be provided upon the face of each registration | 18 | | record
card for the notation of the voting record of the person | 19 | | registered
thereon.
| 20 | | Each registration record card shall be numbered according | 21 | | to wards or
precincts, as the case may be, and may be serially | 22 | | or otherwise marked
for identification in such manner as the | 23 | | Board of Election Commissioners
may determine.
| 24 | | The registration cards shall be deemed public records and | 25 | | shall be
open to inspection during regular business hours, | 26 | | except during the 27
days immediately preceding any election. |
| | | 09900SB1529ham002 | - 49 - | LRB099 06102 MLM 49228 a |
|
| 1 | | On written request of any
candidate or objector or any person | 2 | | intending to object to a petition, the
election authority shall | 3 | | extend its hours for inspection of registration
cards and other | 4 | | records of the election authority during the period
beginning | 5 | | with the filing of petitions under Sections 7-10, 8-8, 10-6 or
| 6 | | 28-3 and continuing through the termination of electoral board | 7 | | hearings on
any objections to petitions containing signatures | 8 | | of registered voters in
the jurisdiction of the election | 9 | | authority. The extension shall be for a
period of hours | 10 | | sufficient to allow adequate opportunity for examination of
the | 11 | | records but the election authority is not required to extend | 12 | | its hours
beyond the period beginning at its normal opening for | 13 | | business and ending
at midnight. If the business hours are so | 14 | | extended, the election authority
shall post a public notice of | 15 | | such extended hours. Registration record cards
may also be | 16 | | inspected, upon approval of the officer in charge of the cards,
| 17 | | during the 27 days immediately preceding any election. | 18 | | Registration
record
cards shall also be open to inspection by | 19 | | certified judges and poll watchers
and challengers at the | 20 | | polling place on election day, but only to the extent
necessary | 21 | | to determine the question of the right of a person to vote or | 22 | | to
serve as a judge of election. At no time shall poll watchers | 23 | | or challengers be
allowed to physically handle the registration | 24 | | record cards.
| 25 | | Updated copies of computer tapes or computer discs or other | 26 | | electronic data
processing information containing voter |
| | | 09900SB1529ham002 | - 50 - | LRB099 06102 MLM 49228 a |
|
| 1 | | registration information shall
be furnished by the Board of | 2 | | Election Commissioners within 10 days after
December 15 and May | 3 | | 15 each year and within 10
days after each registration period | 4 | | is closed to the State Board
of Elections in a
form prescribed | 5 | | by the State Board. For the purposes of this Section, a
| 6 | | registration period is closed 27 days before the date of any | 7 | | regular
or special
election. Registration information shall
| 8 | | include, but not be limited to, the following information: | 9 | | name, sex,
residence, telephone number, if any, age, party | 10 | | affiliation, if
applicable, precinct, ward, township, county, | 11 | | and representative,
legislative and congressional districts. | 12 | | In the event of noncompliance,
the State Board of Elections is | 13 | | directed to obtain compliance forthwith
with this | 14 | | nondiscretionary duty of the election authority by instituting
| 15 | | legal proceedings in the circuit court of the county in which | 16 | | the election
authority maintains the registration information. | 17 | | The costs of furnishing
updated copies of tapes or discs shall | 18 | | be paid at a rate of $.00034
per name of registered voters in | 19 | | the election jurisdiction, but not less
than $50 per tape or | 20 | | disc and shall be paid from appropriations made to the
State | 21 | | Board of Elections for reimbursement to the election authority | 22 | | for
such purpose. The State Board shall furnish copies of such | 23 | | tapes, discs,
other electronic data or compilations thereof to | 24 | | state political committees
registered pursuant to the Illinois | 25 | | Campaign Finance Act or the Federal
Election Campaign Act and | 26 | | to governmental entities, at their request and at a reasonable |
| | | 09900SB1529ham002 | - 51 - | LRB099 06102 MLM 49228 a |
|
| 1 | | cost.
To protect the privacy and confidentiality of voter | 2 | | registration information,
the disclosure
of electronic voter | 3 | | registration records to any person or entity other than to a
| 4 | | State or local political
committee and other than to a | 5 | | governmental entity for a governmental
purpose is specifically | 6 | | prohibited except as follows: subject to security measures | 7 | | adopted by the State Board of Elections which, at a minimum, | 8 | | shall include the keeping of a catalog or database, available | 9 | | for public view, including the name, address, and telephone | 10 | | number of the person viewing the list as well as the time of | 11 | | that viewing, any person may view the centralized statewide | 12 | | voter registration list on a computer screen at the Springfield | 13 | | office of the State Board of Elections, during normal business | 14 | | hours other than during the 27 days before an election, but the | 15 | | person viewing the list under this exception may not print, | 16 | | duplicate, transmit, or alter the list.
Copies of the
tapes, | 17 | | discs or other electronic data shall be furnished by the Board | 18 | | of
Election Commissioners to local political committees and | 19 | | governmental entities at their request and at a
reasonable | 20 | | cost. Reasonable cost of the tapes, discs, et cetera for
this | 21 | | purpose would be the cost of duplication plus 15% for
| 22 | | administration. The individual representing a political | 23 | | committee
requesting copies of such tapes shall make a sworn | 24 | | affidavit that the
information shall be used only for bona fide | 25 | | political purposes,
including by or for candidates for office | 26 | | or incumbent office holders.
Such tapes, discs or other |
| | | 09900SB1529ham002 | - 52 - | LRB099 06102 MLM 49228 a |
|
| 1 | | electronic data shall not be used under any
circumstances by | 2 | | any political committee or individuals for purposes of
| 3 | | commercial solicitation or other business purposes. If such | 4 | | tapes
contain information on county residents related to the | 5 | | operations of
county government in addition to registration | 6 | | information, that
information shall not be used under any | 7 | | circumstances for commercial
solicitation or other business | 8 | | purposes. The prohibition in this
Section against using the | 9 | | computer tapes or computer discs or other
electronic data | 10 | | processing information containing voter registration
| 11 | | information for purposes of commercial solicitation or other | 12 | | business
purposes shall be prospective only from the effective | 13 | | date of this
amended Act of 1979. Any person who violates this | 14 | | provision shall be
guilty of a Class 4 felony.
| 15 | | The State Board of Elections shall promulgate, by October | 16 | | 1, 1987, such
regulations as may be necessary to ensure | 17 | | uniformity throughout the State
in electronic data processing | 18 | | of voter registration information. The
regulations shall | 19 | | include, but need not be limited to, specifications for
uniform | 20 | | medium, communications protocol and file structure to be | 21 | | employed
by the election authorities of this State in the | 22 | | electronic data processing
of voter registration information. | 23 | | Each election authority utilizing
electronic data processing | 24 | | of voter registration information shall comply
with such | 25 | | regulations on and after May 15, 1988.
| 26 | | If the applicant for registration was last registered in |
| | | 09900SB1529ham002 | - 53 - | LRB099 06102 MLM 49228 a |
|
| 1 | | another
county within this State, he shall also sign a | 2 | | certificate authorizing
cancellation of the former | 3 | | registration. The certificate shall be in
substantially the | 4 | | following form:
| 5 | | To the County Clerk of .... County, Illinois.
| 6 | | To the Election Commission of the City of ...., Illinois.
| 7 | | This is to certify that I am registered in your (county) | 8 | | (city) and
that my residence was ..... Having moved out of your | 9 | | (county), (city), I
hereby authorize you to cancel that | 10 | | registration in your office.
| 11 | | Dated at ...., Illinois, on (insert date).
| 12 | | ....................
| 13 | | (Signature of Voter)
| 14 | | Attest ...., Clerk, Election Commission of the City of....,
| 15 | | Illinois.
| 16 | | The cancellation certificate shall be mailed immediately | 17 | | by the clerk
of the Election Commission to the county clerk, | 18 | | (or Election Commission
as the case may be) where the applicant | 19 | | was formerly registered. Receipt
of such certificate shall be | 20 | | full authority for cancellation of any
previous registration.
| 21 | | (Source: P.A. 98-115, eff. 10-1-13.)
| 22 | | (10 ILCS 5/6-65) (from Ch. 46, par. 6-65)
| 23 | | Sec. 6-65.
| 24 | | The duplicate registration record cards shall remain | 25 | | permanently in the
office of the Board of Election |
| | | 09900SB1529ham002 | - 54 - | LRB099 06102 MLM 49228 a |
|
| 1 | | Commissioners; shall be filed
alphabetically without regard to | 2 | | wards or precincts; and shall be known as
the master file. The | 3 | | master file may be kept in a computer-based voter registration | 4 | | file or paper format, provided a secondary digital back-up is | 5 | | kept off site. The digital file shall be searchable and remain | 6 | | current with all registration activity conducted by the Board | 7 | | of Election Commissioners. The original registration record | 8 | | cards shall constitute
the official precinct registry of | 9 | | voters; shall be filed by wards and
precincts; and shall be | 10 | | known as the precinct file. The original cards
shall be | 11 | | delivered to the judges of election by the Board of Election
| 12 | | Commissioners in a suitable binder or other device, which shall | 13 | | be locked
and sealed in accordance with directions to be given | 14 | | by the Board of
Election Commissioners and shall also be | 15 | | suitably indexed for convenient
use by the precinct officers. | 16 | | The precinct files shall be delivered to the
precinct officers | 17 | | for use at the polls, on the day of election and shall be
| 18 | | returned to the Board of Election Commissioners immediately | 19 | | after the close
of the polls. The board shall determine by | 20 | | rules the manner of delivery and
return to such file. At all | 21 | | other times the precinct file shall be retained
at the office | 22 | | of the Board of Election Commissioners except for such use of
| 23 | | it as may be made under this Article with respect to | 24 | | registration not at
the office of the Board of Election | 25 | | Commissioners.
| 26 | | (Source: P.A. 78-934.)
|
| | | 09900SB1529ham002 | - 55 - | LRB099 06102 MLM 49228 a |
|
| 1 | | (10 ILCS 5/6-79)
| 2 | | Sec. 6-79. Computerization of voter records.
| 3 | | (a) The State Board of Elections shall design a | 4 | | registration record card
that, except as otherwise provided in | 5 | | this Section, shall be used in duplicate
by all election | 6 | | authorities in the State adopting a computer-based voter
| 7 | | registration file as provided in this Section. The Board shall | 8 | | prescribe the
form
and specifications, including but not | 9 | | limited to the weight of paper, color,
and print of the cards. | 10 | | The cards shall contain boxes or spaces for the
information | 11 | | required under Sections 6-31.1 and 6-35; provided
that
the | 12 | | cards shall also contain: (i) A space for the person to fill in | 13 | | his or
her Illinois driver's license number if the person has a | 14 | | driver's license; (ii)
A space for a person without a driver's | 15 | | license to fill in the last four digits
of his or her social | 16 | | security number if the person has a social security
number.
| 17 | | (b) The election authority may develop and implement a | 18 | | system to
prepare,
use, and maintain a computer-based voter | 19 | | registration file that includes a
computer-stored image of the | 20 | | signature of each voter. The computer-based voter
registration | 21 | | file may be used for all purposes for which the original
| 22 | | registration cards are to be used , provided that a system for | 23 | | the storage of at
least one copy of the original registration | 24 | | cards remains in effect .
In the case of voter registration | 25 | | forms received via an online voter registration system, the |
| | | 09900SB1529ham002 | - 56 - | LRB099 06102 MLM 49228 a |
|
| 1 | | original registration cards will include the signature | 2 | | received from the Secretary of State database. The electronic | 3 | | file shall be the master file.
| 4 | | (b-2) The election authority may develop and implement a | 5 | | system to maintain registration cards in digital form using | 6 | | digitized signatures, which may be stored in a computer-based | 7 | | voter registration file under subsection (b) of this Section. | 8 | | The making and signing of any form, including an application to | 9 | | register and a certificate authorizing cancellation of a | 10 | | registration or authorizing a transfer of registration may be | 11 | | by a signature written in ink or by a digitized signature. | 12 | | (c) Any system created, used, and maintained under | 13 | | subsection
(b) of this
Section shall meet the following | 14 | | standards:
| 15 | | (1) Access to any computer-based voter registration | 16 | | file shall be limited
to those persons authorized by the | 17 | | election authority, and each access to the
computer-based | 18 | | voter registration file, other than an access solely for
| 19 | | inquiry, shall be recorded.
| 20 | | (2) No copy, summary, list, abstract, or index of any | 21 | | computer-based voter
registration file that includes any | 22 | | computer-stored image of the signature of
any registered | 23 | | voter shall be made available to the public outside of the
| 24 | | offices of the election authority.
| 25 | | (3) Any copy, summary, list, abstract, or index of any | 26 | | computer-based
voter
registration file that includes a |
| | | 09900SB1529ham002 | - 57 - | LRB099 06102 MLM 49228 a |
|
| 1 | | computer-stored image of the signature of a
registered | 2 | | voter shall be produced in such a manner that it cannot be
| 3 | | reproduced.
| 4 | | (4) Each person desiring to vote shall sign an | 5 | | application for a ballot,
and the signature comparison | 6 | | authorized in Articles 17 and 18 of this Code may
be made | 7 | | to a copy of the computer-stored image of the signature of | 8 | | the
registered voter.
| 9 | | (5) Any voter list produced from a computer-based voter | 10 | | registration file
that includes computer-stored images of | 11 | | the signatures of registered voters and
is used in a | 12 | | polling place during an election shall be preserved by the
| 13 | | election authority in secure storage until the end of the | 14 | | second calendar year
following the election in which it was | 15 | | used.
| 16 | | (d) Before the first election in which the election | 17 | | authority
elects to use
a voter list produced from the | 18 | | computer-stored images of the signatures of
registered voters | 19 | | in a computer-based voter registration file for signature
| 20 | | comparison in a polling place, the State Board of Elections | 21 | | shall certify that
the system used by the election authority | 22 | | complies with the standards set forth
in this Section. The | 23 | | State Board of Elections may request a sample poll list
| 24 | | intended to be used in a polling place to test the accuracy of | 25 | | the list and the
adequacy of the computer-stored images of the | 26 | | signatures of the registered
voters.
|
| | | 09900SB1529ham002 | - 58 - | LRB099 06102 MLM 49228 a |
|
| 1 | | (e) With respect to a jurisdiction that has copied all of | 2 | | its
voter
signatures into a computer-based registration file, | 3 | | all references in this Act
or any other Act to the use, other | 4 | | than storage, of paper-based voter
registration records shall | 5 | | be deemed to refer to their computer-based
equivalents.
| 6 | | (f) Nothing in this Section prevents an election authority | 7 | | from
submitting to the State Board of Elections a duplicate | 8 | | copy of some, as the
State Board of Elections shall determine, | 9 | | or all of the data contained in each
voter registration record | 10 | | that is part of the electronic master file. The
duplicate copy | 11 | | of the registration record shall be maintained by the State
| 12 | | Board of Elections under the same terms and limitations | 13 | | applicable to the
election authority and shall be of equal | 14 | | legal dignity with the original
registration record maintained | 15 | | by the election authority as proof of any fact
contained in the | 16 | | voter registration record.
| 17 | | (Source: P.A. 98-115, eff. 7-29-13.)
| 18 | | (10 ILCS 5/9-3) (from Ch. 46, par. 9-3) | 19 | | Sec. 9-3. Political committee statement of organization. | 20 | | (a) Every political committee shall file with the State | 21 | | Board of Elections a
statement of organization within 10 | 22 | | business days of the creation of
such
committee, except any | 23 | | political committee created within the 30 days before
an
| 24 | | election shall file a statement of organization within 2 | 25 | | business days in person, by facsimile transmission, or by |
| | | 09900SB1529ham002 | - 59 - | LRB099 06102 MLM 49228 a |
|
| 1 | | electronic mail. Any change in information previously | 2 | | submitted in a statement of organization shall be reported, as | 3 | | required for the original statement of organization by this | 4 | | Section, within 10 days following that change. A
political | 5 | | committee that acts as both a state political
committee and a | 6 | | local political committee shall file a copy of each
statement | 7 | | of organization with the State Board of Elections and the
| 8 | | county clerk.
The Board shall impose a civil penalty of $50 per | 9 | | business day upon political
committees for failing to file or | 10 | | late filing of a statement of organization. Such penalties | 11 | | shall not
exceed $5,000, and shall not exceed $10,000 for | 12 | | statewide office political
committees.
There shall be no fine | 13 | | if the statement is mailed and postmarked at least 72
hours | 14 | | prior to the filing deadline.
| 15 | | In addition to the civil penalties authorized by this | 16 | | Section, the State
Board of Elections or any other political | 17 | | committee may apply to the
circuit court for a temporary | 18 | | restraining
order or a preliminary or permanent injunction | 19 | | against the political committee
to cease the expenditure of | 20 | | funds and to cease operations until the statement
of | 21 | | organization is filed.
| 22 | | For the purpose of this Section,
"statewide office" means | 23 | | the Governor, Lieutenant Governor, Secretary of State,
| 24 | | Attorney General, State Treasurer, and State Comptroller.
| 25 | | (b) The statement of organization shall include:
| 26 | | (1) the name
and address of the political committee and |
| | | 09900SB1529ham002 | - 60 - | LRB099 06102 MLM 49228 a |
|
| 1 | | the designation required by Section 9-2;
| 2 | | (2) the scope, area of activity, party affiliation, and | 3 | | purposes of the political
committee;
| 4 | | (3) the name, address, and position of each custodian | 5 | | of the
committee's books and accounts;
| 6 | | (4) the name, address, and position of the committee's | 7 | | principal
officers, including the chairman, treasurer, and | 8 | | officers and members of
its finance committee, if any;
| 9 | | (5) the name and address of any sponsoring entity;
| 10 | | (6) a statement of what specific disposition of | 11 | | residual fund will
be made in the event of the dissolution | 12 | | or
termination of the committee;
| 13 | | (7) a listing of all banks or other financial | 14 | | institutions, safety
deposit boxes, and any other | 15 | | repositories or custodians of funds used by
the committee; | 16 | | and
| 17 | | (8) the amount of funds available for campaign | 18 | | expenditures as of
the filing date of the committee's | 19 | | statement of organization.
| 20 | | For purposes of this Section, a "sponsoring entity" is (i) | 21 | | any person,
organization, corporation, or association that | 22 | | contributes
at least 33% of the total funding of the political | 23 | | committee or (ii) any person
or other entity that is registered | 24 | | or is required to register under the
Lobbyist Registration Act | 25 | | and contributes at least 33% of the total funding of
the | 26 | | political committee.
|
| | | 09900SB1529ham002 | - 61 - | LRB099 06102 MLM 49228 a |
|
| 1 | | (c) Each statement of organization required to be
filed in | 2 | | accordance with this Section shall be verified, dated, and | 3 | | signed
by either the treasurer of the political committee | 4 | | making the statement or
the candidate on whose behalf the | 5 | | statement is made and shall contain
substantially the following | 6 | | verification: | 7 | | "VERIFICATION: | 8 | | I declare that this statement of organization (including | 9 | | any
accompanying schedules and statements) has been examined by | 10 | | me and, to the
best of my knowledge and belief, is a true, | 11 | | correct, and complete statement
of organization as required by | 12 | | Article 9 of the Election Code. I understand
that willfully | 13 | | filing a false or incomplete statement is
subject to a civil | 14 | | penalty of at least $1,001 and up to $5,000. | 15 | | ................ ..........................................
| 16 | | (date of filing) (signature of person making the statement)". | 17 | | (d) The statement of organization for a ballot initiative | 18 | | committee also shall include a verification signed by the | 19 | | chairperson of the committee that (i) the committee is formed | 20 | | for the purpose of supporting or opposing a question of public | 21 | | policy, (ii) all contributions and expenditures of the | 22 | | committee will be used for the purpose described in the | 23 | | statement of organization, (iii) the committee may accept | 24 | | unlimited contributions from any source, provided that the | 25 | | ballot initiative committee does not make contributions or | 26 | | expenditures in support of or opposition to a candidate or |
| | | 09900SB1529ham002 | - 62 - | LRB099 06102 MLM 49228 a |
|
| 1 | | candidates for nomination for election, election, or | 2 | | retention, and (iv) failure to abide by these requirements | 3 | | shall deem the committee in violation of this Article. | 4 | | (d-5) The statement of organization for an independent | 5 | | expenditure committee also shall include a verification signed | 6 | | by the chairperson of the committee that (i) the committee is | 7 | | formed for the exclusive purpose of making independent | 8 | | expenditures, (ii) all contributions and expenditures of the | 9 | | committee will be used for the purpose described in the | 10 | | statement of organization, (iii) the committee may accept | 11 | | unlimited contributions from any source, provided that the | 12 | | independent expenditure committee does not make contributions | 13 | | to any candidate political committee, political party | 14 | | committee, or political action committee, and (iv) failure to | 15 | | abide by these requirements shall deem the committee in | 16 | | violation of this Article. | 17 | | (e) For purposes of implementing the changes made by this | 18 | | amendatory Act of the 96th General Assembly, every political | 19 | | committee in existence on the effective date of this amendatory | 20 | | Act of the 96th General Assembly shall file the statement | 21 | | required by this Section with the Board by December 31, 2010. | 22 | | (Source: P.A. 96-832, eff. 7-1-10; 97-766, eff. 7-6-12.)
| 23 | | (10 ILCS 5/10-6) (from Ch. 46, par. 10-6)
| 24 | | Sec. 10-6. Time and manner of filing. Certificates
of
| 25 | | nomination and nomination papers for the nomination of |
| | | 09900SB1529ham002 | - 63 - | LRB099 06102 MLM 49228 a |
|
| 1 | | candidates for
offices to be filled by electors of the entire | 2 | | State, or any district
not entirely within a county, or for | 3 | | congressional, state legislative or
judicial offices, shall be | 4 | | presented to the principal office of the
State Board of | 5 | | Elections not more than 141 nor less than 134
days previous
to | 6 | | the day of election for which the candidates are nominated. The
| 7 | | State Board of Elections shall endorse the certificates of | 8 | | nomination or
nomination papers, as the case may be, and the | 9 | | date and hour of
presentment to it. Except as otherwise | 10 | | provided in this section, all
other certificates for the | 11 | | nomination of candidates shall be filed with
the county clerk | 12 | | of the respective counties not more than 141 but at
least 134 | 13 | | days previous to the day of such election. Certificates of | 14 | | nomination and nomination papers for the nomination of | 15 | | candidates for school district offices to be filled at | 16 | | consolidated elections shall be filed with the county clerk or | 17 | | county board of election commissioners of the county election | 18 | | authority in which the principal office of the school district | 19 | | is located not more than 113 nor less than 106 days before the | 20 | | consolidated election. Certificates
of
nomination and | 21 | | nomination papers for the nomination of candidates for
the | 22 | | other offices of political subdivisions to be filled at regular | 23 | | elections
other than the general election shall be filed with | 24 | | the local election
official of such subdivision:
| 25 | | (1) (Blank);
| 26 | | (2) not more than 113 nor less than 106 days prior to |
| | | 09900SB1529ham002 | - 64 - | LRB099 06102 MLM 49228 a |
|
| 1 | | the
consolidated
election; or
| 2 | | (3) not more than 113 nor less than 106 days prior to | 3 | | the general
primary in the case of municipal offices to be | 4 | | filled at the general
primary election; or
| 5 | | (4) not more than 99 nor less than 92 days before the
| 6 | | consolidated
primary in the case of municipal offices to be | 7 | | elected on a nonpartisan
basis pursuant to law (including | 8 | | without limitation, those municipal
offices subject to | 9 | | Articles 4 and 5 of the Municipal Code); or
| 10 | | (5) not more than 113 nor less than 106 days before the | 11 | | municipal
primary in even numbered years for such | 12 | | nonpartisan municipal offices
where annual elections are | 13 | | provided; or
| 14 | | (6) in the case of petitions for the office of | 15 | | multi-township assessor,
such petitions shall be filed | 16 | | with the election authority not more than
113 nor less than | 17 | | 106 days before the consolidated election.
| 18 | | However, where a political subdivision's boundaries are | 19 | | co-extensive
with or are entirely within the jurisdiction of a | 20 | | municipal board of
election commissioners, the certificates of | 21 | | nomination and nomination
papers for candidates for such | 22 | | political subdivision offices shall be filed
in the office of | 23 | | such Board.
| 24 | | (Source: P.A. 98-691, eff. 7-1-14.)
| 25 | | (10 ILCS 5/19-3) (from Ch. 46, par. 19-3) |
| | | 09900SB1529ham002 | - 65 - | LRB099 06102 MLM 49228 a |
|
| 1 | | Sec. 19-3. The
application for vote by mail ballot shall be | 2 | | substantially in the
following form: | 3 | | APPLICATION FOR VOTE BY MAIL BALLOT | 4 | | To be voted at the .... election in the County of .... and | 5 | | State of
Illinois, in the .... precinct of the (1) *township of | 6 | | .... (2) *City of
.... or (3) *.... ward in the City of .... | 7 | | I state that I am a resident of the .... precinct of the | 8 | | (1)
*township of .... (2) *City of .... or (3) *.... ward in | 9 | | the city of
.... residing at .... in such city or town in the | 10 | | county of .... and
State of Illinois; that I have lived at such | 11 | | address for .... month(s)
last past; that I am lawfully | 12 | | entitled to vote in such precinct at the
.... election to be | 13 | | held therein on ....; and that I wish to vote by vote by mail | 14 | | ballot. | 15 | | I hereby make application for an official ballot or ballots | 16 | | to be
voted by me at such election, and I agree that I shall | 17 | | return such ballot or ballots to the
official issuing the same | 18 | | prior to the closing of the polls on the date
of the election | 19 | | or, if returned by mail, postmarked no later than midnight | 20 | | preceding election day, for counting no later than during the | 21 | | period for counting provisional ballots, the last day of which | 22 | | is the 14th day following election day. | 23 | | I understand that this application is made for an official | 24 | | vote by mail ballot or ballots to be voted by me at the | 25 | | election specified in this application and that I must submit a | 26 | | separate application for an official vote by mail ballot or |
| | | 09900SB1529ham002 | - 66 - | LRB099 06102 MLM 49228 a |
|
| 1 | | ballots to be voted by me at any subsequent election. | 2 | | Under penalties as provided by law pursuant to Section | 3 | | 29-10 of The
Election Code, the undersigned certifies that the | 4 | | statements set forth
in this application are true and correct. | 5 | | .... | 6 | | *fill in either (1), (2) or (3). | 7 | | Post office address to which ballot is mailed: | 8 | | ............... | 9 | | However, if application is made for a primary election | 10 | | ballot, such
application shall require the applicant to | 11 | | designate the name of the political party with which
the | 12 | | applicant is affiliated. | 13 | | If application is made electronically, the applicant shall | 14 | | mark the box associated with the above described statement | 15 | | included as part of the online application certifying that the | 16 | | statements set forth in this application are true and correct, | 17 | | and a signature is not required. | 18 | | Any person may produce, reproduce, distribute, or return to | 19 | | an election authority the application for vote by mail ballot. | 20 | | Upon receipt, the appropriate election authority shall accept | 21 | | and promptly process any application for vote by mail ballot | 22 | | submitted in a form substantially similar to that required by | 23 | | this Section, including any substantially similar production | 24 | | or reproduction generated by the applicant. | 25 | | (Source: P.A. 97-766, eff. 7-6-12; 98-115, eff. 7-29-13; | 26 | | 98-1171, eff. 6-1-15 .)
|
| | | 09900SB1529ham002 | - 67 - | LRB099 06102 MLM 49228 a |
|
| 1 | | (10 ILCS 5/19-4)
(from Ch. 46, par. 19-4)
| 2 | | Sec. 19-4. Mailing or delivery of ballots; time. | 3 | | Immediately upon
the receipt of such application either by mail | 4 | | or electronic means, not more than 90 days
nor less than 5 days | 5 | | prior to such election, or by personal delivery not
more than | 6 | | 90 days nor less than one day prior to such election, at the
| 7 | | office of such election authority, it shall be the duty of such | 8 | | election
authority to examine the records to ascertain whether | 9 | | or not such
applicant is lawfully entitled to vote as
| 10 | | requested, including a verification of the applicant's | 11 | | signature by comparison with the signature on the official | 12 | | registration record card, and if found so to be entitled to | 13 | | vote, to post within one business day thereafter
the name, | 14 | | street address,
ward and precinct number or township and | 15 | | district number, as the case may be,
of such applicant given on | 16 | | a list, the pages of which are to be numbered
consecutively to | 17 | | be kept by such election authority for such purpose in a
| 18 | | conspicuous, open and public place accessible to the public at | 19 | | the entrance of
the office of such election authority, and in | 20 | | such a manner that such list may
be viewed without necessity of | 21 | | requesting permission therefor. Within one
day after posting | 22 | | the name and other information of an applicant for a vote by | 23 | | mail
ballot, the election authority shall transmit by | 24 | | electronic means pursuant to a process established by the State | 25 | | Board of Elections that name and other
posted information to |
| | | 09900SB1529ham002 | - 68 - | LRB099 06102 MLM 49228 a |
|
| 1 | | the State Board of Elections, which shall maintain those
names | 2 | | and other information in an electronic format on its website, | 3 | | arranged by
county and accessible to State and local political | 4 | | committees. Within 2
business days after posting a name and | 5 | | other information on the list within
its
office, but no sooner | 6 | | than 40 days before an election, the election authority shall | 7 | | mail,
postage prepaid, or deliver in person in such office an | 8 | | official ballot
or ballots if more than one are to be voted at | 9 | | said election. Mail delivery
of Temporarily Absent Student | 10 | | ballot applications pursuant to Section
19-12.3 shall be by | 11 | | nonforwardable mail. However,
for the consolidated election, | 12 | | vote by mail ballots for certain precincts may
be delivered to | 13 | | applicants not less than 25 days before the election if
so much | 14 | | time is required to have prepared and printed the ballots | 15 | | containing
the names of persons nominated for offices at the | 16 | | consolidated primary.
The election authority shall enclose | 17 | | with each vote by mail ballot or
application written | 18 | | instructions on how voting assistance shall be provided
| 19 | | pursuant to Section 17-14 and a document, written and approved | 20 | | by the State
Board of Elections, informing the vote by mail | 21 | | voter of the required postage for returning the application and | 22 | | ballot, and
enumerating
the circumstances under which a person | 23 | | is authorized to vote by vote by mail
ballot pursuant to this | 24 | | Article; such document shall also include a
statement informing | 25 | | the applicant that if he or she falsifies or is
solicited by | 26 | | another to falsify his or her
eligibility to cast a vote by |
| | | 09900SB1529ham002 | - 69 - | LRB099 06102 MLM 49228 a |
|
| 1 | | mail ballot, such applicant or other is subject
to
penalties | 2 | | pursuant to Section 29-10 and Section 29-20 of the Election | 3 | | Code.
Each election authority shall maintain a list of the | 4 | | name, street address,
ward and
precinct, or township and | 5 | | district number, as the case may be, of all
applicants who have | 6 | | returned vote by mail ballots to such authority, and the name | 7 | | of such vote by mail voter shall be added to such list
within | 8 | | one business day from receipt of such ballot.
If the vote by | 9 | | mail ballot envelope indicates that the voter was assisted in
| 10 | | casting the ballot, the name of the person so assisting shall | 11 | | be included on
the list. The list, the pages of which are to be | 12 | | numbered consecutively,
shall be kept by each election | 13 | | authority in a conspicuous, open, and public
place accessible | 14 | | to the public at the entrance of the office of the election
| 15 | | authority and in a manner that the list may be viewed without | 16 | | necessity of
requesting permission for viewing.
| 17 | | Each election authority shall maintain a list for each | 18 | | election
of the
voters to whom it has issued vote by mail | 19 | | ballots. The list shall be
maintained for each precinct within | 20 | | the jurisdiction of the election
authority. Prior to the | 21 | | opening of the polls on election day, the
election authority | 22 | | shall deliver to the judges of election in each
precinct the | 23 | | list of registered voters in that precinct to whom vote by mail
| 24 | | ballots have been issued by mail.
| 25 | | Each election authority shall maintain a list for each | 26 | | election of
voters to whom it has issued temporarily absent |
| | | 09900SB1529ham002 | - 70 - | LRB099 06102 MLM 49228 a |
|
| 1 | | student ballots. The list
shall be maintained for each election | 2 | | jurisdiction within which such voters
temporarily abide. | 3 | | Immediately after the close of the period during which
| 4 | | application may be made by mail or electronic means for vote by | 5 | | mail ballots, each election
authority shall mail to each other | 6 | | election authority within the State a
certified list of all | 7 | | such voters temporarily abiding within the
jurisdiction of the | 8 | | other election authority.
| 9 | | In the event that the return address of an
application for | 10 | | ballot by a physically incapacitated elector
is that of a | 11 | | facility licensed or certified under the Nursing Home Care
Act, | 12 | | the Specialized Mental Health Rehabilitation Act of 2013, the | 13 | | ID/DD Community Care Act, or the MC/DD Act, within the | 14 | | jurisdiction of the election authority, and the applicant
is a | 15 | | registered voter in the precinct in which such facility is | 16 | | located,
the ballots shall be prepared and transmitted to a | 17 | | responsible judge of
election no later than 9 a.m. on the | 18 | | Friday, Saturday, Sunday , or Monday immediately
preceding the | 19 | | election as designated by the election authority under
Section | 20 | | 19-12.2. Such judge shall deliver in person on the designated | 21 | | day
the ballot to the applicant on the premises of the facility | 22 | | from which
application was made. The election authority shall | 23 | | by mail notify the
applicant in such facility that the ballot | 24 | | will be delivered by a judge of
election on the designated day.
| 25 | | All applications for vote by mail ballots shall be | 26 | | available at the office
of the election authority for public |
| | | 09900SB1529ham002 | - 71 - | LRB099 06102 MLM 49228 a |
|
| 1 | | inspection upon request from the
time of receipt thereof by the | 2 | | election authority until 30 days after the
election, except | 3 | | during the time such applications are kept in the
office of the | 4 | | election authority pursuant to Section 19-7, and except during
| 5 | | the time such applications are in the possession of the judges | 6 | | of election.
| 7 | | (Source: P.A. 98-104, eff. 7-22-13; 98-115, eff. 7-29-13; | 8 | | 98-756, eff. 7-16-14; 98-1171, eff. 6-1-15; 99-180, eff. | 9 | | 7-29-15.)
| 10 | | (10 ILCS 5/19-8) (from Ch. 46, par. 19-8)
| 11 | | Sec. 19-8. Time and place of counting ballots. | 12 | | (a) (Blank.) | 13 | | (b) Each vote by mail voter's ballot returned to an | 14 | | election authority, by any means authorized by this Article, | 15 | | and received by that election authority before the closing of | 16 | | the polls on election day shall be endorsed by the receiving | 17 | | election authority with the day and hour of receipt and may be | 18 | | processed by the election authority beginning on the 15th day | 19 | | before election day it is received by the election authority in | 20 | | the central ballot counting location of the election authority, | 21 | | but the results of the processing may not be counted until the | 22 | | day of the election after 7:00 p.m., except as provided in | 23 | | subsections (g) and (g-5).
| 24 | | (c) Each vote by mail voter's ballot that is mailed to an | 25 | | election authority and postmarked no later than election day, |
| | | 09900SB1529ham002 | - 72 - | LRB099 06102 MLM 49228 a |
|
| 1 | | but that is received by the election authority after the polls | 2 | | close on election day and before the close of the period for | 3 | | counting provisional ballots cast at that election, shall be | 4 | | endorsed by the receiving authority with the day and hour of | 5 | | receipt and shall be counted at the central ballot counting | 6 | | location of the election authority during the period for | 7 | | counting provisional ballots. | 8 | | Each vote by mail voter's ballot that is mailed to an | 9 | | election authority absent a postmark or a barcode usable with | 10 | | an intelligent mail barcode tracking system , but that is | 11 | | received by the election authority after the polls close on | 12 | | election day and before the close of the period for counting | 13 | | provisional ballots cast at that election, shall be endorsed by | 14 | | the receiving authority with the day and hour of receipt, | 15 | | opened to inspect the date inserted on the certification, and, | 16 | | if the certification date is a date preceding the election day | 17 | | or earlier and the ballot is otherwise found to be valid under | 18 | | the requirements of this Section, counted at the central ballot | 19 | | counting location of the election authority during the period | 20 | | for counting provisional ballots. Absent a date on the | 21 | | certification, the ballot shall not be counted.
| 22 | | If an election authority is using an intelligent mail | 23 | | barcode tracking system, a ballot that is mailed to an election | 24 | | authority absent a postmark may be counted if the intelligent | 25 | | mail barcode tracking system verifies the envelope was mailed | 26 | | no later than election day. |
| | | 09900SB1529ham002 | - 73 - | LRB099 06102 MLM 49228 a |
|
| 1 | | (d) Special write-in vote by mail voter's blank ballots | 2 | | returned to an election authority, by any means authorized by | 3 | | this Article, and received by the election authority at any | 4 | | time before the closing of the polls on election day shall be | 5 | | endorsed by the receiving election authority with the day and | 6 | | hour of receipt and shall be counted at the central ballot | 7 | | counting location of the election authority during the same | 8 | | period provided for counting vote by mail voters' ballots under | 9 | | subsections (b), (g), and (g-5). Special write-in vote by mail | 10 | | voter's blank ballots that are mailed to an election authority | 11 | | and postmarked no later than election day, but that are | 12 | | received by the election authority after the polls close on | 13 | | election day and before the closing of the period for counting | 14 | | provisional ballots cast at that election, shall be endorsed by | 15 | | the receiving authority with the day and hour of receipt and | 16 | | shall be counted at the central ballot counting location of the | 17 | | election authority during the same periods provided for | 18 | | counting vote by mail voters' ballots under subsection (c). | 19 | | (e) Except as otherwise provided in this Section, vote by | 20 | | mail voters' ballots and special write-in vote by mail voter's | 21 | | blank ballots received by the election authority after the | 22 | | closing of the polls on an
election day shall be endorsed by | 23 | | the election authority receiving them
with the day and hour of | 24 | | receipt and shall be safely kept unopened by the
election | 25 | | authority for the period of time required for the preservation | 26 | | of
ballots used at the election, and shall then, without being |
| | | 09900SB1529ham002 | - 74 - | LRB099 06102 MLM 49228 a |
|
| 1 | | opened, be
destroyed in like manner as the used ballots of that | 2 | | election.
| 3 | | (f) Counting required under this Section to begin on | 4 | | election day after the closing of the polls shall commence no | 5 | | later than 8:00 p.m. and shall be conducted
by a panel or | 6 | | panels of election judges appointed in the manner provided
by | 7 | | law. The counting shall continue until all vote by mail voters' | 8 | | ballots and special write-in vote by mail voter's blank ballots | 9 | | required to be counted on election day have been counted.
| 10 | | (g) The procedures set forth in Articles 17 and
18 of this | 11 | | Code shall apply to all ballots counted under
this Section. In | 12 | | addition, within 2 days after a vote by mail ballot is | 13 | | received, but in all cases before the close of the period for | 14 | | counting provisional ballots, the election judge or official | 15 | | shall compare the voter's signature on the certification | 16 | | envelope of that vote by mail ballot with the signature of the | 17 | | voter on file in the office of the election authority. If the | 18 | | election judge or official determines that the 2 signatures | 19 | | match, and that the vote by mail voter is otherwise qualified | 20 | | to cast a vote by mail ballot, the election authority shall | 21 | | cast and count the ballot on election day or the day the ballot | 22 | | is determined to be valid, whichever is later, adding the | 23 | | results to the precinct in which the voter is registered. If | 24 | | the election judge or official determines that the signatures | 25 | | do not match, or that the vote by mail voter is not qualified | 26 | | to cast a vote by mail ballot, then without opening the |
| | | 09900SB1529ham002 | - 75 - | LRB099 06102 MLM 49228 a |
|
| 1 | | certification envelope, the judge or official shall mark across | 2 | | the face of the certification envelope the word "Rejected" and | 3 | | shall not cast or count the ballot. | 4 | | In addition to the voter's signatures not matching, a vote | 5 | | by mail ballot may be rejected by the election judge or | 6 | | official: | 7 | | (1) if the ballot envelope is open or has been opened | 8 | | and resealed; | 9 | | (2) if the voter has already cast an early or grace | 10 | | period ballot; | 11 | | (3) if the voter voted in person on election day or the | 12 | | voter is not a duly registered voter in the precinct; or | 13 | | (4) on any other basis set forth in this Code. | 14 | | If the election judge or official determines that any of | 15 | | these reasons apply, the judge or official shall mark across | 16 | | the face of the certification envelope the word "Rejected" and | 17 | | shall not cast or count the ballot.
| 18 | | (g-5) If a vote by mail ballot is rejected by the election | 19 | | judge or official for any reason, the election authority shall, | 20 | | within 2 days after the rejection but in all cases before the | 21 | | close of the period for counting provisional ballots, notify | 22 | | the vote by mail voter that his or her ballot was rejected. The | 23 | | notice shall inform the voter of the reason or reasons the | 24 | | ballot was rejected and shall state that the voter may appear | 25 | | before the election authority, on or before the 14th day after | 26 | | the election, to show cause as to why the ballot should not be |
| | | 09900SB1529ham002 | - 76 - | LRB099 06102 MLM 49228 a |
|
| 1 | | rejected. The voter may present evidence to the election | 2 | | authority supporting his or her contention that the ballot | 3 | | should be counted. The election authority shall appoint a panel | 4 | | of 3 election judges to review the contested ballot, | 5 | | application, and certification envelope, as well as any | 6 | | evidence submitted by the vote by mail voter. No more than 2 | 7 | | election judges on the reviewing panel shall be of the same | 8 | | political party. The reviewing panel of election judges shall | 9 | | make a final determination as to the validity of the contested | 10 | | vote by mail ballot. The judges' determination shall not be | 11 | | reviewable either administratively or judicially. | 12 | | A vote by mail ballot subject to this subsection that is | 13 | | determined to be valid shall be counted before the close of the | 14 | | period for counting provisional ballots.
| 15 | | (g-10) All vote by mail ballots determined to be valid | 16 | | shall be added to the vote totals for the precincts for which | 17 | | they were cast in the order in which the ballots were opened.
| 18 | | (h) Each political party, candidate, and qualified civic | 19 | | organization shall be entitled to have present one pollwatcher | 20 | | for each panel of election judges therein assigned.
| 21 | | (Source: P.A. 98-1171, eff. 6-1-15 .)
| 22 | | (10 ILCS 5/20-2) (from Ch. 46, par. 20-2)
| 23 | | Sec. 20-2. Any member of the United States Service, | 24 | | otherwise qualified
to vote, who expects in the course of his | 25 | | duties to be absent from the
county in which he resides on the |
| | | 09900SB1529ham002 | - 77 - | LRB099 06102 MLM 49228 a |
|
| 1 | | day of holding any election may make
application for a vote by | 2 | | mail ballot to the election authority having
jurisdiction over | 3 | | his precinct of residence on the official postcard or on
a form | 4 | | furnished by the election authority as prescribed by Section | 5 | | 20-3 of
this Article not less than 10 days before the election. | 6 | | A request pursuant
to this Section shall entitle the applicant | 7 | | to a vote by mail ballot for every
election in one calendar | 8 | | year. The original application for ballot shall be
kept in the | 9 | | office of the election authority for one year as authorization
| 10 | | to send a ballot to the voter for each election to be held | 11 | | within that
calendar year. A certified copy of such application | 12 | | for ballot shall be
sent each election with the vote by mail | 13 | | ballot to the election authority's central ballot counting | 14 | | location to be used
in lieu of the original application for | 15 | | ballot. No registration shall be
required in order to vote | 16 | | pursuant to this Section.
| 17 | | Ballots under this Section shall be mailed by the election | 18 | | authority in
the manner prescribed by Section 20-5 of this | 19 | | Article and not otherwise.
Ballots voted under this Section | 20 | | must be returned postmarked no later than midnight preceding | 21 | | election day and received for counting at the central ballot | 22 | | counting location of the election authority during the period | 23 | | for counting provisional ballots, the last day of which is the | 24 | | 14th day following election day.
| 25 | | (Source: P.A. 98-1171, eff. 6-1-15 .)
|
| | | 09900SB1529ham002 | - 78 - | LRB099 06102 MLM 49228 a |
|
| 1 | | (10 ILCS 5/20-2.1) (from Ch. 46, par. 20-2.1)
| 2 | | Sec. 20-2.1. Citizens of the United States temporarily | 3 | | residing outside
the territorial limits of the United States | 4 | | who are not registered but
otherwise qualified to vote and who | 5 | | expect to be absent from their county
of residence during the | 6 | | periods of voter registration provided for in
Articles 4, 5 or | 7 | | 6 of this Code and on the day of holding any election, may
make | 8 | | simultaneous application to the election authority having | 9 | | jurisdiction
over their precinct of residence for registration | 10 | | by mail and vote by mail
ballot not less than 30 days before | 11 | | the election. Such application may be
made on the official | 12 | | postcard or on a form furnished by the election
authority as | 13 | | prescribed by Section 20-3 of this Article or by facsimile or | 14 | | electronic transmission. A request pursuant
to this Section | 15 | | shall entitle the applicant to a vote by mail ballot for every
| 16 | | election in one calendar year. The original application for | 17 | | ballot shall be
kept in the office of the election authority | 18 | | for one year as authorization
to send a ballot to the voter for | 19 | | each election to be held within that
calendar year. A certified | 20 | | copy of such application for ballot shall be
sent each election | 21 | | with the vote by mail ballot to the election authority's | 22 | | central ballot counting location to be used
in lieu of the | 23 | | original application for ballot.
| 24 | | Registration shall be required in order to vote pursuant to | 25 | | this Section.
However, if the election authority receives one | 26 | | of such applications after
30 days but not less than 10 days |
| | | 09900SB1529ham002 | - 79 - | LRB099 06102 MLM 49228 a |
|
| 1 | | before a Federal election, said applicant
shall be sent a | 2 | | ballot containing the Federal offices only and registration
for | 3 | | that election shall be waived.
| 4 | | Ballots under this Section shall be delivered by the | 5 | | election authority in
the manner prescribed by Section 20-5 of | 6 | | this Article in person, by mail, or, if requested by the | 7 | | applicant and the election authority has the capability, by | 8 | | facsimile transmission or by electronic transmission.
| 9 | | Ballots voted under this Section must be returned | 10 | | postmarked no later than midnight preceding election day and | 11 | | received for counting at the central ballot counting location | 12 | | of the election authority during the period for counting | 13 | | provisional ballots, the last day of which is the 14th day | 14 | | following election day.
| 15 | | (Source: P.A. 98-1171, eff. 6-1-15 .)
| 16 | | (10 ILCS 5/20-2.2) (from Ch. 46, par. 20-2.2)
| 17 | | Sec. 20-2.2. Any non-resident civilian citizen, otherwise | 18 | | qualified to
vote, may make application to the election | 19 | | authority having jurisdiction
over his precinct of former | 20 | | residence for a vote by mail ballot containing
the Federal | 21 | | offices only not less than 10 days before a Federal election.
| 22 | | Such application may be made on the official postcard or by | 23 | | facsimile or electronic transmission. A request
pursuant to | 24 | | this Section shall entitle the applicant to a vote by mail | 25 | | ballot
for every election in one calendar year at which Federal |
| | | 09900SB1529ham002 | - 80 - | LRB099 06102 MLM 49228 a |
|
| 1 | | offices are
filled. The original application for ballot shall | 2 | | be kept in the office of
the election authority for one year as | 3 | | authorization to send a ballot to
the voter for each election | 4 | | to be held within that calendar year at which
Federal offices | 5 | | are filled. A certified copy of such application for
ballot | 6 | | shall be sent each election with the vote by mail ballot to the | 7 | | election authority's central ballot counting location to be | 8 | | used in lieu of the original application for ballot.
No | 9 | | registration shall be required in order to vote pursuant to | 10 | | this Section.
Ballots under this Section shall be delivered by | 11 | | the election authority in
the manner prescribed by Section 20-5 | 12 | | of this Article in person, by mail, or, if requested by the | 13 | | applicant and the election authority has the capability, by | 14 | | facsimile transmission or by electronic transmission.
Ballots | 15 | | voted under this Section must be returned postmarked no later | 16 | | than midnight preceding election day and received for counting | 17 | | at the central ballot counting location of the election | 18 | | authority during the period for counting provisional ballots, | 19 | | the last day of which is the 14th day following election day.
| 20 | | (Source: P.A. 98-1171, eff. 6-1-15 .)
| 21 | | (10 ILCS 5/20-2.3) (from Ch. 46, par. 20-2.3)
| 22 | | Sec. 20-2.3. Members of the Armed Forces and their spouses | 23 | | and dependents. Any member of the United
States Armed Forces | 24 | | while on active duty, and his or her spouse and dependents, | 25 | | otherwise qualified to vote, who
expects in the course of his |
| | | 09900SB1529ham002 | - 81 - | LRB099 06102 MLM 49228 a |
|
| 1 | | or her duties to be absent from the county in
which he or she | 2 | | resides on the day of holding any election, in addition to any
| 3 | | other method of making application for vote by mail ballot | 4 | | under this
Article, may make application for a vote by mail | 5 | | ballot to the election
authority having jurisdiction over his | 6 | | or her precinct of residence by a
facsimile machine or | 7 | | electronic transmission not less than 10 days before
the | 8 | | election.
| 9 | | Ballots under this Section shall be delivered by the | 10 | | election authority in
the manner prescribed by Section 20-5 of | 11 | | this Article in person, by mail, or, if requested by the | 12 | | applicant and the election authority has the capability, by | 13 | | facsimile transmission or by electronic transmission.
Ballots | 14 | | voted under this Section must be returned postmarked no later | 15 | | than midnight preceding election day and received for counting | 16 | | at the central ballot counting location of the election | 17 | | authority during the period for counting provisional ballots, | 18 | | the last day of which is the 14th day following election day.
| 19 | | (Source: P.A. 98-1171, eff. 6-1-15 .)
| 20 | | (10 ILCS 5/20-3) (from Ch. 46, par. 20-3)
| 21 | | Sec. 20-3.
The election authority shall furnish the | 22 | | following
applications for registration by mail or vote by mail | 23 | | ballot which shall be
considered a method of application in | 24 | | lieu of the official postcard.
| 25 | | 1. Members of the United States Service, citizens of the |
| | | 09900SB1529ham002 | - 82 - | LRB099 06102 MLM 49228 a |
|
| 1 | | United
States temporarily residing outside the territorial | 2 | | limits of the United
States, and certified program participants | 3 | | under the Address Confidentiality
for Victims of Domestic | 4 | | Violence Act may make application within the periods
prescribed | 5 | | in Sections
20-2 or 20-2.1, as the case may be. Such | 6 | | application shall be
substantially in the following form:
| 7 | | "APPLICATION FOR BALLOT
| 8 | | To be voted at the............ election in the precinct in | 9 | | which is
located my residence at..............., in the | 10 | | city/village/township of
............(insert home address) | 11 | | County of........... and State of
Illinois.
| 12 | | I state that I am a citizen of the United States; that on | 13 | | (insert
date of election) I shall have resided in the State of | 14 | | Illinois and in
the election precinct for 30 days; that on the | 15 | | above date I shall be the
age of 18 years or above; that I am | 16 | | lawfully entitled to vote in such
precinct at that election; | 17 | | that I am (check category 1, 2, or 3
below):
| 18 | | 1. ( ) a member of the United States Service,
| 19 | | 2. ( ) a citizen of the United States temporarily residing | 20 | | outside
the territorial limits of the United States and that I | 21 | | expect to be
absent from the said county of my residence on the | 22 | | date of holding such
election, and that I will have no | 23 | | opportunity to vote in person on that
day.
| 24 | | 3. ( ) a certified program participant under the Address
| 25 | | Confidentiality for Victims of Domestic Violence Act.
| 26 | | I hereby make application for an official ballot or ballots |
| | | 09900SB1529ham002 | - 83 - | LRB099 06102 MLM 49228 a |
|
| 1 | | to be
voted by me at such election if I am absent from the said | 2 | | county of my
residence, and I agree that I shall return said | 3 | | ballot or ballots to the
election authority postmarked no later | 4 | | than midnight preceding election day, for counting no later | 5 | | than during the period for counting provisional ballots, the | 6 | | last day of which is the 14th day following election day or | 7 | | shall destroy said ballot or ballots.
| 8 | | (Check below only if category 2 or 3 and not previously | 9 | | registered)
| 10 | | ( ) I hereby make application to become registered as a | 11 | | voter and
agree to return the forms and affidavits for | 12 | | registration to the
election authority not later than 30 days | 13 | | before the election.
| 14 | | Under penalties as provided by law pursuant to Article 29 | 15 | | of The
Election Code, the undersigned certifies that the | 16 | | statements set forth
in this application are true and correct.
| 17 | | .........................
| 18 | | Post office address or service address to which | 19 | | registration
materials or ballot should be mailed
| 20 | | .........................
| 21 | | .........................
| 22 | | .........................
| 23 | | ........................"
| 24 | | If application is made for a primary election ballot, such
| 25 | | application shall designate the name of the political party | 26 | | with which
the applicant is affiliated.
|
| | | 09900SB1529ham002 | - 84 - | LRB099 06102 MLM 49228 a |
|
| 1 | | Such applications may be obtained from the election | 2 | | authority having
jurisdiction over the person's precinct of | 3 | | residence.
| 4 | | 2. A spouse or dependent of a member of the United States | 5 | | Service,
said spouse or dependent being a registered voter in | 6 | | the county, may
make application on behalf of said person in | 7 | | the office of the election
authority within the periods | 8 | | prescribed in Section 20-2 which shall be
substantially in the | 9 | | following form:
| 10 | | "APPLICATION FOR BALLOT to be voted at the........... election | 11 | | in
the precinct in which is located the residence of the person | 12 | | for whom
this application is made at.............(insert | 13 | | residence address) in
the city/village/township of......... | 14 | | County of.......... and State
of Illinois.
| 15 | | I certify that the following named person................ | 16 | | (insert
name of person) is a member of the United States | 17 | | Service.
| 18 | | I state that said person is a citizen of the United States; | 19 | | that on
(insert date of election) said person shall have | 20 | | resided in the State of
Illinois and in the election precinct | 21 | | for which this application is made
for 30 days; that on the | 22 | | above date said person shall be the age of 18
years or above; | 23 | | that said person is lawfully entitled to vote in such
precinct | 24 | | at that election; that said person is a member of the United
| 25 | | States Service, and that in the course of his duties said | 26 | | person expects
to be absent from his county of residence on the |
| | | 09900SB1529ham002 | - 85 - | LRB099 06102 MLM 49228 a |
|
| 1 | | date of holding such
election, and that said person will have | 2 | | no opportunity to vote in
person on that day.
| 3 | | I hereby make application for an official ballot or ballots | 4 | | to be
voted by said person at such election and said person | 5 | | agrees that he
shall return said ballot or ballots to the | 6 | | election authority postmarked no later than midnight preceding | 7 | | election day, for counting no later than during the period for | 8 | | counting provisional ballots, the last day of which is the 14th | 9 | | day following election day, or shall destroy
said ballot or | 10 | | ballots.
| 11 | | I hereby certify that I am the (mother, father, sister, | 12 | | brother,
husband or wife) of the said elector, and that I am a | 13 | | registered voter
in the election precinct for which this | 14 | | application is made. (Strike all
but one that is applicable.)
| 15 | | Under penalties as provided by law pursuant to Article 29 | 16 | | of The
Election Code, the undersigned certifies that the | 17 | | statements set forth
in this application are true and correct.
| 18 | | Name of applicant ......................
| 19 | | Residence address ........................
| 20 | | City/village/township........................
| 21 | | Service address to which ballot should be mailed:
| 22 | | .........................
| 23 | | .........................
| 24 | | .........................
| 25 | | ........................"
| 26 | | If application is made for a primary election ballot, such
|
| | | 09900SB1529ham002 | - 86 - | LRB099 06102 MLM 49228 a |
|
| 1 | | application shall designate the name of the political party | 2 | | with which
the person for whom application is made is | 3 | | affiliated.
| 4 | | Such applications may be obtained from the election | 5 | | authority having
jurisdiction over the voting precinct in which | 6 | | the person for whom
application is made is entitled to vote.
| 7 | | (Source: P.A. 98-1171, eff. 6-1-15 .)
| 8 | | (10 ILCS 5/20-8) (from Ch. 46, par. 20-8)
| 9 | | Sec. 20-8. Time and place of counting ballots. | 10 | | (a) (Blank.) | 11 | | (b) Each vote by mail voter's ballot returned to an | 12 | | election authority, by any means authorized by this Article, | 13 | | and received by that election authority may be processed by the | 14 | | election authority beginning on the 15th day before election | 15 | | day it is received by the election authority in the central | 16 | | ballot counting location of the election authority, but the | 17 | | results of the processing may not be counted until the day of | 18 | | the election after 7:00 p.m., except as provided in subsections | 19 | | (g) and (g-5).
| 20 | | (c) Each vote by mail voter's ballot that is mailed to an | 21 | | election authority and postmarked no later than election day, | 22 | | but that is received by the election authority after the polls | 23 | | close on election day and before the close of the period for | 24 | | counting provisional ballots cast at that election, shall be | 25 | | endorsed by the receiving authority with the day and hour of |
| | | 09900SB1529ham002 | - 87 - | LRB099 06102 MLM 49228 a |
|
| 1 | | receipt and shall be counted at the central ballot counting | 2 | | location of the election authority during the period for | 3 | | counting provisional ballots. | 4 | | Each vote by mail voter's ballot that is mailed to an | 5 | | election authority absent a postmark or a barcode usable with | 6 | | an intelligent mail barcode tracking system , but that is | 7 | | received by the election authority after the polls close on | 8 | | election day and before the close of the period for counting | 9 | | provisional ballots cast at that election, shall be endorsed by | 10 | | the receiving authority with the day and hour of receipt, | 11 | | opened to inspect the date inserted on the certification, and, | 12 | | if the certification date is a date preceding the election day | 13 | | or earlier and the ballot is otherwise found to be valid under | 14 | | the requirements of this Section, counted at the central ballot | 15 | | counting location of the election authority during the period | 16 | | for counting provisional ballots. Absent a date on the | 17 | | certification, the ballot shall not be counted.
| 18 | | If an election authority is using an intelligent mail | 19 | | barcode tracking system, a ballot that is mailed to an election | 20 | | authority absent a postmark may be counted if the intelligent | 21 | | mail barcode tracking system verifies the envelope was mailed | 22 | | no later than election day. | 23 | | (d) Special write-in vote by mail voter's blank ballots | 24 | | returned to an election authority, by any means authorized by | 25 | | this Article, and received by the election authority at any | 26 | | time before the closing of the polls on election day shall be |
| | | 09900SB1529ham002 | - 88 - | LRB099 06102 MLM 49228 a |
|
| 1 | | endorsed by the receiving election authority with the day and | 2 | | hour of receipt and shall be counted at the central ballot | 3 | | counting location of the election authority during the same | 4 | | period provided for counting vote by mail voters' ballots under | 5 | | subsections (b), (g), and (g-5). Special write-in vote by mail | 6 | | voter's blank ballot that are mailed to an election authority | 7 | | and postmarked no later than by midnight preceding the opening | 8 | | of the polls on election day, but that are received by the | 9 | | election authority after the polls close on election day and | 10 | | before the closing of the period for counting provisional | 11 | | ballots cast at that election, shall be endorsed by the | 12 | | receiving authority with the day and hour of receipt and shall | 13 | | be counted at the central ballot counting location of the | 14 | | election authority during the same periods provided for | 15 | | counting vote by mail voters' ballots under subsection (c).
| 16 | | (e) Except as otherwise provided in this Section, vote by | 17 | | mail voters' ballots and special write-in vote by mail voter's | 18 | | blank ballots received by the election authority after the | 19 | | closing of the polls on the day of election shall be
endorsed | 20 | | by the person receiving the ballots with the day and hour of
| 21 | | receipt and shall be safely kept unopened by the election | 22 | | authority for
the period of time required for the preservation | 23 | | of ballots used at the
election, and shall then, without being | 24 | | opened, be destroyed in like
manner as the used ballots of that | 25 | | election.
| 26 | | (f) Counting required under this Section to begin on |
| | | 09900SB1529ham002 | - 89 - | LRB099 06102 MLM 49228 a |
|
| 1 | | election day after the closing of the polls shall commence no | 2 | | later than 8:00 p.m. and shall be conducted
by a panel or | 3 | | panels of election judges appointed in the manner provided
by | 4 | | law. The counting shall continue until all vote by mail voters' | 5 | | ballots and special write-in vote by mail voter's blank ballots | 6 | | required to be counted on election day have been counted.
| 7 | | (g) The procedures set forth in Articles 17 and
18 of this | 8 | | Code shall apply to all ballots counted under
this Section. In | 9 | | addition, within 2 days after a ballot subject to this Article | 10 | | is received, but in all cases before the close of the period | 11 | | for counting provisional ballots, the election judge or | 12 | | official shall compare the voter's signature on the | 13 | | certification envelope of that ballot with the signature of the | 14 | | voter on file in the office of the election authority. If the | 15 | | election judge or official determines that the 2 signatures | 16 | | match, and that the voter is otherwise qualified to cast a | 17 | | ballot under this Article, the election authority shall cast | 18 | | and count the ballot on election day or the day the ballot is | 19 | | determined to be valid, whichever is later, adding the results | 20 | | to the precinct in which the voter is registered. If the | 21 | | election judge or official determines that the signatures do | 22 | | not match, or that the voter is not qualified to cast a ballot | 23 | | under this Article, then without opening the certification | 24 | | envelope, the judge or official shall mark across the face of | 25 | | the certification envelope the word "Rejected" and shall not | 26 | | cast or count the ballot. |
| | | 09900SB1529ham002 | - 90 - | LRB099 06102 MLM 49228 a |
|
| 1 | | In addition to the voter's signatures not matching, a | 2 | | ballot subject to this Article may be rejected by the election | 3 | | judge or official: | 4 | | (1) if the ballot envelope is open or has been opened | 5 | | and resealed; | 6 | | (2) if the voter has already cast an early or grace | 7 | | period ballot; | 8 | | (3) if the voter voted in person on election day or the | 9 | | voter is not a duly registered voter in the precinct; or | 10 | | (4) on any other basis set forth in this Code. | 11 | | If the election judge or official determines that any of | 12 | | these reasons apply, the judge or official shall mark across | 13 | | the face of the certification envelope the word "Rejected" and | 14 | | shall not cast or count the ballot. | 15 | | (g-5) If a ballot subject to this Article is rejected by | 16 | | the election judge or official for any reason, the election | 17 | | authority shall, within 2 days after the rejection but in all | 18 | | cases before the close of the period for counting provisional | 19 | | ballots, notify the voter that his or her ballot was rejected. | 20 | | The notice shall inform the voter of the reason or reasons the | 21 | | ballot was rejected and shall state that the voter may appear | 22 | | before the election authority, on or before the 14th day after | 23 | | the election, to show cause as to why the ballot should not be | 24 | | rejected. The voter may present evidence to the election | 25 | | authority supporting his or her contention that the ballot | 26 | | should be counted. The election authority shall appoint a panel |
| | | 09900SB1529ham002 | - 91 - | LRB099 06102 MLM 49228 a |
|
| 1 | | of 3 election judges to review the contested ballot, | 2 | | application, and certification envelope, as well as any | 3 | | evidence submitted by the vote by mail voter. No more than 2 | 4 | | election judges on the reviewing panel shall be of the same | 5 | | political party. The reviewing panel of election judges shall | 6 | | make a final determination as to the validity of the contested | 7 | | ballot. The judges' determination shall not be reviewable | 8 | | either administratively or judicially. | 9 | | A ballot subject to this subsection that is determined to | 10 | | be valid shall be counted before the close of the period for | 11 | | counting provisional ballots. | 12 | | (g-10) All ballots determined to be valid shall be added to | 13 | | the vote totals for the precincts for which they were cast in | 14 | | the order in which the ballots were opened.
| 15 | | (h) Each political party,
candidate, and qualified civic | 16 | | organization shall be entitled to have
present one pollwatcher | 17 | | for each panel of election judges therein assigned.
| 18 | | (Source: P.A. 98-1171, eff. 6-1-15 .)
| 19 | | (10 ILCS 5/20-10) (from Ch. 46, par. 20-10)
| 20 | | Sec. 20-10.
Pollwatchers shall be
permitted to be present | 21 | | during the casting of the vote by mail voters' ballots , each | 22 | | political party, candidate and qualified civic organization | 23 | | shall be entitled to have present one pollwatcher for each | 24 | | panel of election judges therein assigned. Such pollwatchers | 25 | | shall be subject to the same provisions as are provided for |
| | | 09900SB1529ham002 | - 92 - | LRB099 06102 MLM 49228 a |
|
| 1 | | pollwatchers in Sections 7-34 and 17-23 of this Code, and shall | 2 | | be permitted to observe the election judges making the | 3 | | signature comparison between that which is on the ballot | 4 | | envelope and that which is on the permanent voter registration | 5 | | record card taken from the master file
and the vote of any vote | 6 | | by mail voter may be challenged for cause the same
as if he | 7 | | were present and voted in person, and the judges of the
| 8 | | election or a majority thereof shall have power and authority | 9 | | to hear
and determine the legality of such ballot; Provided, | 10 | | however, that if a
challenge to any vote by mail voter's right | 11 | | to vote is sustained, notice of
the same must be given by the | 12 | | judges of election by mail addressed to
the voter's mailing | 13 | | address as stated in the certification and
application for | 14 | | ballot.
| 15 | | (Source: P.A. 98-1171, eff. 6-1-15 .)
| 16 | | (10 ILCS 5/24C-12)
| 17 | | Sec. 24C-12. Procedures for Counting and Tallying of
| 18 | | Ballots. In an election jurisdiction where a Direct Recording
| 19 | | Electronic Voting System is used, the following procedures for
| 20 | | counting and tallying the ballots shall apply:
| 21 | | Before the opening of the polls, the judges of elections
| 22 | | shall assemble the voting equipment and devices and turn the
| 23 | | equipment on. The judges shall, if necessary, take steps to
| 24 | | activate the voting devices and counting equipment by inserting
| 25 | | into the equipment and voting devices appropriate data cards
|
| | | 09900SB1529ham002 | - 93 - | LRB099 06102 MLM 49228 a |
|
| 1 | | containing passwords and data codes that will select the proper
| 2 | | ballot formats selected for that polling place and that will
| 3 | | prevent inadvertent or unauthorized activation of the | 4 | | poll-opening function.
Before voting begins and before ballots | 5 | | are
entered into the voting devices, the judges of election | 6 | | shall
cause to be printed a record of the following: the | 7 | | election's
identification data, the device's unit | 8 | | identification, the
ballot's format identification, the | 9 | | contents of each active
candidate register by office and of | 10 | | each active public question
register showing that they contain | 11 | | all zero votes, all ballot
fields that can be used to invoke | 12 | | special voting options, and
other information needed to ensure | 13 | | the readiness of the
equipment and to accommodate | 14 | | administrative reporting
requirements. The judges must also | 15 | | check to be sure that the
totals are all zeros in the counting | 16 | | columns and in the public
counter affixed to the voting | 17 | | devices.
| 18 | | After the judges have determined that a person is qualified
| 19 | | to vote, a voting device with the proper ballot to which the
| 20 | | voter is entitled shall be enabled to be used by the voter. The
| 21 | | ballot may then be cast by the voter by marking by appropriate
| 22 | | means the designated area of the ballot for the casting of a
| 23 | | vote for any candidate or for or against any public question.
| 24 | | The voter shall be able to vote for any and all candidates and
| 25 | | public measures appearing on the ballot in any legal number and
| 26 | | combination and the voter shall be able to delete, change or
|
| | | 09900SB1529ham002 | - 94 - | LRB099 06102 MLM 49228 a |
|
| 1 | | correct his or her selections before the ballot is cast. The
| 2 | | voter shall be able to select candidates whose names do not
| 3 | | appear upon the ballot for any office by entering | 4 | | electronically
as many names of candidates as the voter is | 5 | | entitled to select
for each office.
| 6 | | Upon completing his or her selection of candidates or
| 7 | | public questions, the voter shall signify that voting has been
| 8 | | completed by activating the appropriate button, switch or | 9 | | active
area of the ballot screen associated with end of voting. | 10 | | Upon
activation, the voting system shall record an image of the
| 11 | | completed ballot, increment the proper ballot position
| 12 | | registers, and shall signify to the voter that the ballot has
| 13 | | been cast. Upon activation, the voting system shall also print
| 14 | | a permanent paper record of each ballot cast as defined in
| 15 | | Section 24C-2 of this Code. This permanent paper record shall
| 16 | | (i) be printed in a clear, readily readable format that can be | 17 | | easily reviewed by the voter for completeness and accuracy and | 18 | | (ii) either be self-contained within the voting device or be
| 19 | | deposited by the voter into a secure ballot box. No permanent
| 20 | | paper record shall be removed from the polling place except by
| 21 | | election officials as authorized by this Article. All permanent
| 22 | | paper records shall be preserved and secured by election
| 23 | | officials in the same manner as paper ballots and shall be
| 24 | | available as an official record for any recount, redundant
| 25 | | count, or verification or retabulation of the vote count
| 26 | | conducted with respect to any election in which the voting
|
| | | 09900SB1529ham002 | - 95 - | LRB099 06102 MLM 49228 a |
|
| 1 | | system is used. The voter shall exit the voting station and
the | 2 | | voting system shall prevent any further attempt to vote
until | 3 | | it has been properly re-activated. If a voting device has
been | 4 | | enabled for voting but the voter leaves the polling place
| 5 | | without casting a ballot, 2 judges of election, one from each | 6 | | of
the 2 major political parties, shall spoil the ballot.
| 7 | | Throughout the election day and before the closing of the
| 8 | | polls, no person may check any vote totals for any candidate or
| 9 | | public question on the voting or counting equipment. Such
| 10 | | equipment shall be programmed so that no person may reset the
| 11 | | equipment for reentry of ballots unless provided the proper | 12 | | code
from an authorized representative of the election | 13 | | authority.
| 14 | | The precinct judges of election shall check the public
| 15 | | register to determine whether the number of ballots counted by
| 16 | | the voting equipment agrees with the number of voters voting as
| 17 | | shown by the applications for ballot. If the same do not agree,
| 18 | | the judges of election shall immediately contact the offices of
| 19 | | the election authority in charge of the election for further
| 20 | | instructions. If the number of ballots counted by the voting
| 21 | | equipment agrees with the number of voters voting as shown by
| 22 | | the application for ballot, the number shall be listed on the
| 23 | | "Statement of Ballots" form provided by the election authority.
| 24 | | The totals for all candidates and propositions shall be | 25 | | tabulated. One copy of an "In-Precinct Totals Report" shall be | 26 | | generated by the automatic tabulating equipment for return to |
| | | 09900SB1529ham002 | - 96 - | LRB099 06102 MLM 49228 a |
|
| 1 | | the election authority. One copy of an "In-Precinct Totals | 2 | | Report" shall be generated and posted in a conspicuous place | 3 | | inside the polling place, provided that any authorized | 4 | | pollwatcher or other official authorized to be present in the | 5 | | polling place to observe the counting of ballots is present. | 6 | | The judges of election shall provide, if requested, a set for | 7 | | each authorized pollwatcher or other official authorized to be | 8 | | present in the polling place to observe the counting of | 9 | | ballots.
In addition, sufficient time
shall be provided by the | 10 | | judges of election to the pollwatchers
to allow them to copy | 11 | | information from the copy which has been
posted.
| 12 | | Until December 31, 2019 2015 , in elections at which | 13 | | fractional cumulative votes are cast for candidates, the | 14 | | tabulation of those fractional cumulative votes may be made by | 15 | | the election authority at its central office location, and 4 | 16 | | copies of a "Certificate of Results" shall be printed by the | 17 | | automatic tabulation equipment and shall be posted in 4 | 18 | | conspicuous places at the central office location where those | 19 | | fractional cumulative votes have been tabulated.
| 20 | | If instructed by the election authority, the judges of
| 21 | | election shall cause the tabulated returns to be transmitted
| 22 | | electronically to the offices of the election authority via
| 23 | | modem or other electronic medium.
| 24 | | The precinct judges of election shall select a bi-partisan
| 25 | | team of 2 judges, who shall immediately return the ballots in a
| 26 | | sealed container, along with all other election materials and
|
| | | 09900SB1529ham002 | - 97 - | LRB099 06102 MLM 49228 a |
|
| 1 | | equipment as instructed by the election authority; provided,
| 2 | | however, that such container must first be sealed by the
| 3 | | election judges with filament tape or other approved sealing
| 4 | | devices provided for the purpose in a manner that the ballots
| 5 | | cannot be removed from the container without breaking the seal
| 6 | | or filament tape and disturbing any signatures affixed by the
| 7 | | election judges to the container. The election authority shall
| 8 | | keep the office of the election authority, or any receiving
| 9 | | stations designated by the authority, open for at least 12
| 10 | | consecutive hours after the polls close or until the ballots | 11 | | and
election material and equipment from all precincts within | 12 | | the
jurisdiction of the election authority have been returned | 13 | | to the
election authority. Ballots and election materials and
| 14 | | equipment returned to the office of the election authority | 15 | | which
are not signed and sealed as required by law shall not be
| 16 | | accepted by the election authority until the judges returning
| 17 | | the ballots make and sign the necessary corrections. Upon
| 18 | | acceptance of the ballots and election materials and equipment
| 19 | | by the election authority, the judges returning the ballots
| 20 | | shall take a receipt signed by the election authority and
| 21 | | stamped with the time and date of the return. The election
| 22 | | judges whose duty it is to return any ballots and election
| 23 | | materials and equipment as provided shall, in the event the
| 24 | | ballots, materials or equipment cannot be found when needed, on
| 25 | | proper request, produce the receipt which they are to take as
| 26 | | above provided.
|
| | | 09900SB1529ham002 | - 98 - | LRB099 06102 MLM 49228 a |
|
| 1 | | (Source: P.A. 96-1549, eff. 3-10-11; 97-766, eff. 7-6-12.)
| 2 | | (10 ILCS 5/29-5) (from Ch. 46, par. 29-5)
| 3 | | Sec. 29-5. Voting more than once. Any person who, having | 4 | | voted once, knowingly during any election on the same election | 5 | | day
where the ballot or machine lists any of the same | 6 | | candidates and issues
listed on the ballot or machine | 7 | | previously used for voting by that person,
(a) files an | 8 | | application to vote in the same or another polling place, or
| 9 | | (b) accepts a ballot or enters a voting machine (except to | 10 | | legally give
assistance pursuant to the provisions of this | 11 | | Code), shall be guilty of a
Class 3 felony; however, if a | 12 | | person has delivered a ballot or ballots to
an election | 13 | | authority as a vote by mail voter and due to a change of
| 14 | | circumstances is able to and does vote in the precinct of his | 15 | | residence on
election day, shall not be deemed to be in | 16 | | violation of this Code.
| 17 | | (Source: P.A. 98-1171, eff. 6-1-15 .)
| 18 | | (10 ILCS 5/20-6 rep.) | 19 | | Section 10. The Election Code is amended by repealing | 20 | | Section 20-6. | 21 | | Section 15. The Township Code is amended by changing | 22 | | Section 45-20 as follows:
|
| | | 09900SB1529ham002 | - 99 - | LRB099 06102 MLM 49228 a |
|
| 1 | | (60 ILCS 1/45-20)
| 2 | | Sec. 45-20. Caucus result; filing nomination papers; | 3 | | certifying candidates.
| 4 | | (a) The township central committee shall canvass and | 5 | | declare the result of
the caucus.
| 6 | | (b) The chairman of the township central committee shall, | 7 | | not more than 113
nor less than 106 days before the township | 8 | | election, file nomination papers as
provided in this Section. | 9 | | The nomination papers shall consist of (i) a
certification by | 10 | | the chairman of the names of all candidates for office in the
| 11 | | township nominated at the caucus and (ii) a statement of | 12 | | candidacy by each
candidate in the form prescribed in the | 13 | | general election law. The nomination
papers shall be filed in | 14 | | the office of the township clerk, except that if the
township | 15 | | is entirely within the corporate limits of a city, village, or
| 16 | | incorporated town under the jurisdiction of a board of election | 17 | | commissioners,
the nomination papers shall be filed in the | 18 | | office of the board of election
commissioners instead of the | 19 | | township clerk.
| 20 | | (c) The township clerk shall certify the candidates so | 21 | | nominated to the
proper election authorities not less than 68 | 22 | | 61 days before the township election.
The election shall be | 23 | | conducted in accordance with the general election law.
| 24 | | (Source: P.A. 97-81, eff. 7-5-11.)
| 25 | | Section 20. The School Code is amended by changing Section |
| | | 09900SB1529ham002 | - 100 - | LRB099 06102 MLM 49228 a |
|
| 1 | | 9-10 as follows:
| 2 | | (105 ILCS 5/9-10) (from Ch. 122, par. 9-10)
| 3 | | Sec. 9-10. Candidates for office - Nominating petitions. | 4 | | Candidates for
the office of school director shall be nominated | 5 | | by petition signed by at
least 25 voters or 5% of the voters, | 6 | | whichever is less, residing within
the district and filed with | 7 | | the county clerk or the county board of election commissioners, | 8 | | as the case may be, of the county in which the principal office | 9 | | of the school district is located.
| 10 | | Nominations for members of boards of education, including | 11 | | non-high school
boards of education shall be made by a petition | 12 | | signed by at least 50 voters
or 10% of the voters, whichever is | 13 | | less, residing within the district and
shall be filed with the | 14 | | county clerk or the county board of election commissioners, as | 15 | | the case may be, of the county in which the principal office of | 16 | | the school district is located. In addition
to the requirements | 17 | | of the general election law, the form of such petitions
shall | 18 | | be substantially as follows:
| 19 | | NOMINATING PETITIONS
| 20 | | (LEAVE OUT THE INAPPLICABLE PART.)
| 21 | | To the (County Clerk or County Board of Election | 22 | | Commissioners) .... of .... County:
| 23 | | We the undersigned, being (.... or more) (or 10% or more) | 24 | | (or 5% or more)
of the voters residing within said district, | 25 | | hereby petition that .... who
resides at .... in the (city or |
| | | 09900SB1529ham002 | - 101 - | LRB099 06102 MLM 49228 a |
|
| 1 | | village) of .... in Township .... (or who
resides outside any | 2 | | city, village or incorporated town and in Township ....) in
| 3 | | said district shall be a candidate for the office of .... of | 4 | | the board of
education (or board of directors) (full term) | 5 | | (vacancy) to be voted for at the
election to be held on (insert | 6 | | date).
| 7 | | Name: .................. Address: ...................
| 8 | | In the designation of the name of a candidate on a petition | 9 | | for
nomination, the candidate's given name or names, initial or | 10 | | initials, a nickname by which the candidate is commonly known, | 11 | | or a combination thereof may be used in addition to the | 12 | | candidate's surname. If a candidate has changed his or her | 13 | | name, whether by a statutory or common law procedure in | 14 | | Illinois or any other jurisdiction, within 3 years before the | 15 | | last day for filing the petition, then (i) the candidate's name | 16 | | on the petition must be followed by "formerly known as (list | 17 | | all prior names during the 3-year period) until name changed on | 18 | | (list date of each such name change)" and (ii) the petition | 19 | | must be accompanied by the candidate's affidavit stating the | 20 | | candidate's previous names during the period specified in | 21 | | clause (i) and the date or dates each of those names was | 22 | | changed; failure to meet these requirements shall be grounds | 23 | | for denying certification of the candidate's name for the | 24 | | ballot, but these requirements do not apply to name changes | 25 | | resulting from adoption to assume an adoptive parent's or |
| | | 09900SB1529ham002 | - 102 - | LRB099 06102 MLM 49228 a |
|
| 1 | | parents' surname, marriage to assume a spouse's surname, or | 2 | | dissolution of marriage or declaration of invalidity of | 3 | | marriage to assume a former surname. No other designation, such | 4 | | as a political slogan, as defined by Section 7-17 of the | 5 | | Election Code, title or degree, or nickname suggesting or | 6 | | implying possession of a title, degree or professional status, | 7 | | or similar information may be used in connection with the | 8 | | candidate's surname.
| 9 | | Nomination papers filed under this Section are not valid | 10 | | unless the candidate
named therein files with the county clerk | 11 | | or the county board of election commissioners, as the case may | 12 | | be, of the county in which the principal office of the school | 13 | | district is located a receipt
from the county clerk showing | 14 | | that the candidate has filed a statement of
economic interests | 15 | | as required by the Illinois Governmental Ethics Act.
Such | 16 | | receipt shall be so filed either previously during the calendar | 17 | | year
in which his nomination papers were filed or within the | 18 | | period for the filing
of nomination papers in accordance with | 19 | | the general election law.
| 20 | | All petitions for the nomination of members of a board of | 21 | | education shall
be filed with the county clerk or the county | 22 | | board of election commissioners, as the case may be, of the | 23 | | county in which the principal office of the school district is | 24 | | located within the time provided for
by the general election | 25 | | law. The county clerk or the county board of election | 26 | | commissioners shall receive and file only
those petitions which |
| | | 09900SB1529ham002 | - 103 - | LRB099 06102 MLM 49228 a |
|
| 1 | | include a statement of candidacy, the required number
of voter | 2 | | signatures, the notarized signature of the petition circulator
| 3 | | and a receipt from the County Clerk showing that the candidate | 4 | | has filed
a statement of economic interest on or before the | 5 | | last day to file as required
by the Illinois Governmental | 6 | | Ethics Act. The county clerk or the county board of election | 7 | | commissioners may have petition
forms available
for issuance to | 8 | | potential candidates, and may give notice of the petition
| 9 | | filing period by publication in a newspaper of general | 10 | | circulation within
the school district not less than 10 days | 11 | | prior to the first day of filing.
The county clerk or the | 12 | | county board of election commissioners shall make | 13 | | certification to the proper election authorities
in accordance | 14 | | with the general election law.
| 15 | | The county clerk or the county board of election | 16 | | commissioners, as the case may be, of the county in which the | 17 | | principal office of the school district is located shall notify | 18 | | the candidates
for whom a petition for nomination is filed or | 19 | | the appropriate committee
of the obligations under the Campaign | 20 | | Financing Act as provided in the general
election law. Such | 21 | | notice
shall be given on a form prescribed by the State Board | 22 | | of Elections and
in accordance with the requirements of the | 23 | | general election law. The county clerk or county board of | 24 | | election commissioners
shall within 7 days of filing or on the | 25 | | last day for filing, whichever is
earlier, acknowledge to the | 26 | | petitioner in writing the office's acceptance of the
petition.
|
| | | 09900SB1529ham002 | - 104 - | LRB099 06102 MLM 49228 a |
|
| 1 | | A candidate for membership on the board of education or for | 2 | | office as a
school director, who has petitioned for nomination | 3 | | to fill a full term and
to fill a vacant term to be voted upon | 4 | | at the same election, must withdraw
his or her petition for | 5 | | nomination from either the full term or the vacant
term by | 6 | | written declaration.
| 7 | | In all newly organized districts the petition for the | 8 | | nomination of
candidates
for members of the board of education | 9 | | at the first election shall be addressed
to and filed with the | 10 | | regional superintendent of schools in the manner herein
| 11 | | specified for the petitions for
members of a board of | 12 | | education. For such election the regional superintendent
shall | 13 | | fulfill all duties otherwise assigned to the secretary of the | 14 | | board
of education.
| 15 | | (Source: P.A. 98-115, eff. 7-29-13.)
| 16 | | Section 99. Effective date. This Act takes effect upon | 17 | | becoming law.".
|
|