Full Text of SB2651 100th General Assembly
SB2651sam001 100TH GENERAL ASSEMBLY | Sen. Terry Link Filed: 4/20/2018
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| 1 | | AMENDMENT TO SENATE BILL 2651
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 2651 on page 1, by | 3 | | replacing lines 4 and 5 with the following: | 4 | | "The Election Code is amended by changing Sections 1A-8, 7-5, | 5 | | 7-7, 7-9, 7-12, 7-59, 13-1, 13-2, 14-1, 17-16.1, 18-9.1, and | 6 | | 19-3 and by adding Sections 1-17 and 22-19 as follows:
| 7 | | (10 ILCS 5/1-17 new) | 8 | | Sec. 1-17. Election authority voting equipment | 9 | | information. Every 2 years, each election authority shall | 10 | | submit information on the voting equipment used within the | 11 | | jurisdiction of the election authority to the State Board of | 12 | | Elections. The information must include: | 13 | | (1) the age and functionality of each item of voting | 14 | | equipment; and | 15 | | (2) a formal letter containing a general description of | 16 | | the status of the voting equipment, the election | 17 | | authority's perceived need for new voting equipment, and |
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| 1 | | the costs associated with obtaining new equipment. | 2 | | Each election authority must publish the information submitted | 3 | | under this Section online. | 4 | |
| 5 | | (10 ILCS 5/1A-8) (from Ch. 46, par. 1A-8)
| 6 | | Sec. 1A-8. The State Board of Elections shall exercise the | 7 | | following
powers and perform the following duties in addition | 8 | | to any powers or duties
otherwise provided for by law:
| 9 | | (1) Assume all duties and responsibilities of the State | 10 | | Electoral Board
and the Secretary of State as heretofore | 11 | | provided in this Code Act ;
| 12 | | (2) Disseminate information to and consult with | 13 | | election authorities
concerning the conduct of elections | 14 | | and registration in accordance with the
laws of this State | 15 | | and the laws of the United States;
| 16 | | (3) Furnish to each election authority prior to each | 17 | | primary and general
election and any other election it | 18 | | deems necessary, a manual of uniform
instructions | 19 | | consistent with the provisions of this Code Act which shall | 20 | | be used
by election authorities in the preparation of the | 21 | | official manual of
instruction to be used by the judges of | 22 | | election in any such election. In
preparing such manual, | 23 | | the State Board shall consult with representatives
of the | 24 | | election authorities throughout the State. The State Board | 25 | | may
provide separate portions of the uniform instructions |
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| 1 | | applicable to
different election jurisdictions which | 2 | | administer elections under different
options provided by | 3 | | law. The State Board may by regulation require
particular | 4 | | portions of the uniform instructions to be included in any
| 5 | | official manual of instructions published by election | 6 | | authorities. Any
manual of instructions published by any | 7 | | election authority shall be
identical with the manual of | 8 | | uniform instructions issued by the Board, but
may be | 9 | | adapted by the election authority to accommodate special or | 10 | | unusual
local election problems, provided that all manuals | 11 | | published by election
authorities must be consistent with | 12 | | the provisions of this Code Act in all
respects and must | 13 | | receive the approval of the State Board of Elections
prior | 14 | | to publication; provided further that if the State Board | 15 | | does not
approve or disapprove of a proposed manual within | 16 | | 60 days of its
submission, the manual shall be deemed | 17 | | approved.
| 18 | | (4) Prescribe and require the use of such uniform | 19 | | forms, notices, and
other supplies not inconsistent with | 20 | | the provisions of this Code Act as it shall
deem advisable | 21 | | which shall be used by election authorities in the conduct
| 22 | | of elections and registrations;
| 23 | | (5) Prepare and certify the form of ballot for any | 24 | | proposed amendment to
the Constitution of the State of | 25 | | Illinois, or any referendum to be
submitted to the electors | 26 | | throughout the State or, when required to do so
by law, to |
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| 1 | | the voters of any area or unit of local government of the | 2 | | State;
| 3 | | (6) Require such statistical reports regarding the | 4 | | conduct of elections
and registration from election | 5 | | authorities as may be deemed necessary;
| 6 | | (7) Review and inspect procedures and records relating | 7 | | to conduct of
elections and registration as may be deemed | 8 | | necessary, and to report
violations of election laws to the | 9 | | appropriate State's Attorney or the Attorney General;
| 10 | | (8) Recommend to the General Assembly legislation to | 11 | | improve the
administration of elections and registration;
| 12 | | (9) Adopt, amend or rescind rules and regulations in | 13 | | the performance of
its duties provided that all such rules | 14 | | and regulations must be consistent
with the provisions of | 15 | | this Article 1A or issued pursuant to authority
otherwise | 16 | | provided by law;
| 17 | | (10) Determine the validity and sufficiency of | 18 | | petitions filed under
Article XIV, Section 3, of the | 19 | | Constitution of the State of Illinois of 1970;
| 20 | | (11) Maintain in its principal office a research | 21 | | library that includes,
but is not limited to, abstracts of | 22 | | votes by precinct for general primary
elections and general | 23 | | elections, current precinct maps and current precinct
poll | 24 | | lists from all election jurisdictions within the State. The | 25 | | research
library shall be open to the public during regular | 26 | | business hours. Such
abstracts, maps and lists shall be |
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| 1 | | preserved as permanent records and shall
be available for | 2 | | examination and copying at a reasonable cost;
| 3 | | (12) Supervise the administration of the registration | 4 | | and election laws
throughout the State;
| 5 | | (13) Obtain from the Department of Central Management | 6 | | Services,
under Section 405-250 of the Department of | 7 | | Central Management
Services Law (20 ILCS 405/405-250),
| 8 | | such use
of electronic data processing equipment as may be | 9 | | required to perform the
duties of the State Board of | 10 | | Elections and to provide election-related
information to | 11 | | candidates, public and party officials, interested civic
| 12 | | organizations and the general public in a timely and | 13 | | efficient manner;
| 14 | | (14) To take such action as may be necessary or | 15 | | required to give
effect to directions of the national | 16 | | committee or State central committee of an established
| 17 | | political party under Sections 7-8, 7-11 , and 7-14.1 or | 18 | | such other
provisions as may be applicable pertaining to | 19 | | the selection of delegates
and alternate delegates to an | 20 | | established political party's national
nominating | 21 | | conventions or, notwithstanding any candidate | 22 | | certification
schedule contained within this the Election | 23 | | Code, the certification of the
Presidential and Vice
| 24 | | Presidential candidate selected by the established | 25 | | political party's national nominating
convention;
| 26 | | (15) To post all early voting sites separated by |
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| 1 | | election authority and hours of operation on its website at | 2 | | least 5 business days before the period for early voting | 3 | | begins; and | 4 | | (16) To post on its website the statewide totals, and | 5 | | totals separated by each election authority, for each of | 6 | | the counts received pursuant to Section 1-9.2 ; and . | 7 | | (17) To post on its website, in a downloadable format, | 8 | | the information received from each election authority | 9 | | under Section 1-17. | 10 | | The Board may by regulation delegate any of its duties or
| 11 | | functions under this Article, except that final determinations | 12 | | and orders
under this Article shall be issued only by the | 13 | | Board.
| 14 | | The requirement for reporting to the General Assembly shall | 15 | | be satisfied
by filing copies of the report with the Speaker, | 16 | | the Minority Leader , and
the Clerk of the House of | 17 | | Representatives , and the President, the Minority
Leader , and | 18 | | the Secretary of the Senate , and the Legislative Research
Unit, | 19 | | as required by Section 3.1 of the General Assembly Organization | 20 | | Act "An Act to revise the law in relation
to the General | 21 | | Assembly", approved February 25, 1874, as amended , and
filing | 22 | | such additional copies with the State Government Report | 23 | | Distribution
Center for the General Assembly as is required | 24 | | under paragraph (t) of
Section 7 of the State Library Act.
| 25 | | (Source: P.A. 98-1171, eff. 6-1-15; revised 9-21-17.)
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| 1 | | (10 ILCS 5/7-5) (from Ch. 46, par. 7-5)
| 2 | | Sec. 7-5.
(a) Primary elections shall be held on the dates | 3 | | prescribed in
Article 2A.
| 4 | | (b) Notwithstanding the provisions of any other statute, no | 5 | | primary
shall be held for an established political party in any | 6 | | township,
municipality, or ward thereof, where the nomination | 7 | | of such
party for every office to be voted upon by the electors | 8 | | of such
township, municipality, or ward thereof, is | 9 | | uncontested. Whenever a
political party's nomination of | 10 | | candidates is uncontested as to one or
more, but not all, of | 11 | | the offices to be voted upon by the electors of a
township, | 12 | | municipality, or ward thereof, then a primary shall
be held for | 13 | | that party in such township, municipality, or ward thereof;
| 14 | | provided that the primary ballot shall not include those | 15 | | offices
within such township, municipality, or ward thereof, | 16 | | for which the
nomination is uncontested. For purposes of this | 17 | | Article, the nomination of
an established political party of a | 18 | | candidate for election to an office shall
be deemed to be | 19 | | uncontested where not more than the number of persons to be
| 20 | | nominated have timely filed valid nomination papers seeking the | 21 | | nomination
of such party for election to such office.
| 22 | | (c) Notwithstanding the provisions of any other statute, no | 23 | | primary
election shall be held for an established political | 24 | | party for any special
primary election called for the purpose | 25 | | of filling a vacancy in the office
of representative in the | 26 | | United States Congress where the nomination of
such political |
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| 1 | | party for said office is uncontested. For the purposes of
this | 2 | | Article, the nomination of an established political party of a
| 3 | | candidate for election to said office shall be deemed to be | 4 | | uncontested
where not more than the number of persons to be | 5 | | nominated have timely filed
valid nomination papers seeking the | 6 | | nomination of such established party
for election to said | 7 | | office. This subsection (c) shall not apply if such
primary | 8 | | election is conducted on a regularly scheduled election day.
| 9 | | (d) Notwithstanding the provisions of any other law to the | 10 | | contrary, in subsection (b) and (c) of this
Section whenever a | 11 | | person who has not timely filed valid nomination papers
and who | 12 | | intends to become a write-in candidate for a political party's
| 13 | | nomination for any office for which the nomination is | 14 | | uncontested files a
written statement or notice of that intent | 15 | | with the State Board of
Elections or the local election | 16 | | official with whom nomination papers for
such office are filed, | 17 | | no primary ballot shall be printed. Where no primary is held, a | 18 | | person intending to become a write-in candidate at the | 19 | | consolidated primary election shall re-file a declaration of | 20 | | intent to be a write-in candidate for the consolidated election | 21 | | with the appropriate election authority or authorities a | 22 | | primary ballot shall be prepared and a primary
shall be held | 23 | | for that office. Such statement or notice shall be filed on
or | 24 | | before the date established in this Article for certifying | 25 | | candidates
for the primary ballot. Such statement or notice | 26 | | shall contain (i) the
name and address of the person intending |
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| 1 | | to become a write-in candidate,
(ii) a statement that the | 2 | | person is a qualified primary elector of the
political party | 3 | | from whom the nomination is sought, (iii) a statement that
the | 4 | | person intends to become a write-in candidate for the party's
| 5 | | nomination, and (iv) the office the person is seeking as a | 6 | | write-in
candidate. An election authority shall have no duty to | 7 | | conduct a primary
and prepare a primary ballot for any office | 8 | | for which the nomination is
uncontested, unless a statement or | 9 | | notice meeting the requirements of this
Section is filed in a | 10 | | timely manner .
| 11 | | (e) The polls shall be open from 6:00 a.m. to 7:00 p.m.
| 12 | | (Source: P.A. 86-873.)"; and
| 13 | | on page 2, immediately below line 14, by inserting the | 14 | | following:
| 15 | | "(10 ILCS 5/7-9) (from Ch. 46, par. 7-9)
| 16 | | Sec. 7-9. County central committee; county and State | 17 | | conventions.
| 18 | | (a) On the 27th 29th day next succeeding the primary at | 19 | | which
committeemen are elected, the county central committee of | 20 | | each political
party shall meet within the county and proceed | 21 | | to
organize by electing from its own number a chairman and | 22 | | either from its
own number, or otherwise, such other officers | 23 | | as such committee may deem
necessary or expedient. Such meeting | 24 | | of the county central committee
shall be known as the county |
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| 1 | | convention. Such convention shall not be scheduled to conflict | 2 | | with a scheduled session of the General Assembly. If the county | 3 | | central committee is unable to organize on the 27th day, the | 4 | | convention may be recessed. If the convention is recessed, it | 5 | | shall be to a date and time certain on or before the 36th day | 6 | | next succeeding the primary at which committeemen are elected. | 7 | | Notice of the recessed convention, including the recessed date | 8 | | and time shall be given to each committeeman.
| 9 | | The chairman of each county committee shall within 10 days | 10 | | after the
organization, forward to the State Board of | 11 | | Elections, the names and
post office addresses of the officers, | 12 | | precinct committeemen and
representative committeemen elected | 13 | | by his political party.
| 14 | | The county convention of each political party shall choose | 15 | | delegates
to the State convention of its party, if the party | 16 | | chooses to hold a State convention; but in any county having | 17 | | within
its limits any city having a population of 200,000, or | 18 | | over the
delegates from such city shall be chosen by wards, the | 19 | | ward committeemen
from the respective wards choosing the number | 20 | | of delegates to which such
ward is entitled on the basis | 21 | | prescribed in paragraph (e) of this
Section such delegates to | 22 | | be members of the delegation to the State
convention from such | 23 | | county. In all counties containing a population of
2,000,000 or | 24 | | more outside of cities having a population of 200,000 or
more, | 25 | | the delegates from each of the townships or parts of townships | 26 | | as
the case may be shall be chosen by townships or parts of |
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| 1 | | townships as
the case may be, the township committeemen from | 2 | | the respective townships
or parts of townships as the case may | 3 | | be choosing the number of
delegates to which such townships or | 4 | | parts of townships as the case may
be are entitled, on the | 5 | | basis prescribed in paragraph (e) of this
Section such | 6 | | delegates to be members of the delegation to the State
| 7 | | convention from such county.
| 8 | | Each member of the State Central Committee of a political | 9 | | party which
elects its members by Alternative B under paragraph | 10 | | (a) of Section 7-8
shall be a delegate to the State Convention, | 11 | | if the party chooses to hold a State convention, ex officio.
| 12 | | Each member of the State Central Committee of a political | 13 | | party which
elects its members by Alternative B under paragraph | 14 | | (a) of Section 7-8 may
appoint 2 delegates to the State | 15 | | Convention, if the party chooses to hold a State convention, | 16 | | who must be residents of the
member's Congressional District.
| 17 | | (b) State conventions may be held within 180 days after the
| 18 | | general primary in the year 2000 and every 4 years thereafter. | 19 | | In the year 1998, and every 4 years thereafter,
the chairman of | 20 | | a State central committee may issue a call for a State
| 21 | | convention within 180 days after the general primary.
| 22 | | The State
convention of each political party, if the party | 23 | | chooses to hold a State convention, has power to make
| 24 | | nominations of candidates of its political party for the | 25 | | electors of
President and Vice President of the United States, | 26 | | and to adopt any party
platform, and, to the
extent determined |
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| 1 | | by the State central committee as provided in Section
7-14, to | 2 | | choose and select delegates and alternate delegates at large to
| 3 | | national nominating conventions. The State Central Committee | 4 | | may adopt
rules to provide for and govern the procedures of the | 5 | | State convention.
| 6 | | (c) The chairman and secretary of each State convention, if | 7 | | the party chooses to hold a State convention, shall,
within 2 | 8 | | days thereafter, transmit to the State Board of Elections of
| 9 | | this State a certificate setting forth the names and addresses | 10 | | of all
persons nominated by such State convention for electors | 11 | | of President and
Vice President of the United States, and of | 12 | | any persons selected by the State
convention for
delegates and | 13 | | alternate delegates at large to national nominating
| 14 | | conventions; and the names of such candidates so chosen by such | 15 | | State
convention for electors of President and Vice President | 16 | | of the United
States, shall be caused by
the State Board of | 17 | | Elections to be printed upon the official ballot at
the general | 18 | | election, in the manner required by law, and shall be
certified | 19 | | to the various county clerks of the proper counties in the
| 20 | | manner as provided in Section 7-60 of this Article 7 for the | 21 | | certifying
of the names of persons nominated by any party for | 22 | | State offices. If and
as long as this Act prescribes that the | 23 | | names of such electors be not
printed on the ballot, then the | 24 | | names of such electors shall be
certified in such manner as may | 25 | | be prescribed by the parts of this Act
applicable thereto.
| 26 | | (d) Each convention, if the party chooses to hold a State |
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| 1 | | convention, may perform all other functions inherent to such
| 2 | | political organization and not inconsistent with this Article.
| 3 | | (e) At least 33 days before the date of a State convention, | 4 | | if the party chooses to hold a State convention, the chairman | 5 | | of the State central committee of each political
party shall | 6 | | file in the principal office of the State Board of
Elections a | 7 | | call for the State convention. Such call shall state, among
| 8 | | other things, the time and place (designating the building or | 9 | | hall) for
holding the State convention. Such call shall be | 10 | | signed by the chairman
and attested by the secretary of the | 11 | | committee. In such convention each
county shall be entitled to | 12 | | one delegate for each 500 ballots voted by
the primary electors | 13 | | of the party in such county at the primary to be
held next | 14 | | after the issuance of such call; and if in such county, less
| 15 | | than 500 ballots are so voted or if the number of ballots so | 16 | | voted is
not exactly a multiple of 500, there shall be one | 17 | | delegate for such
group which is less than 500, or for such | 18 | | group representing the number
of votes over the multiple of | 19 | | 500, which delegate shall have 1/500 of
one vote for each | 20 | | primary vote so represented by him. The call for such
| 21 | | convention shall set forth this paragraph (e) of Section 7-9 in | 22 | | full and
shall direct that the number of delegates to be chosen | 23 | | be calculated in
compliance herewith and that such number of | 24 | | delegates be chosen.
| 25 | | (f) All precinct, township and ward committeemen when | 26 | | elected as
provided in this Section shall serve as though |
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| 1 | | elected at large
irrespective of any changes that may be made | 2 | | in precinct, township or
ward boundaries and the voting | 3 | | strength of each committeeman shall
remain as provided in this | 4 | | Section for the entire time for which he is
elected.
| 5 | | (g) The officers elected at any convention provided for in | 6 | | this
Section shall serve until their successors are elected as | 7 | | provided in
this Act.
| 8 | | (h) A special meeting of any central committee may be | 9 | | called by the
chairman, or by not less than 25% of the members | 10 | | of such committee, by
giving 5 days notice to members of such | 11 | | committee in writing designating
the time and place at which | 12 | | such special meeting is to be held and the
business which it is | 13 | | proposed to present at such special meeting.
| 14 | | (i) Except as otherwise provided in this Act, whenever a | 15 | | vacancy
exists in the office of precinct committeeman because | 16 | | no one was elected
to that office or because the precinct | 17 | | committeeman ceases to reside in
the precinct or for any other | 18 | | reason, the chairman of the county
central committee of the | 19 | | appropriate political party may fill the
vacancy in such office | 20 | | by appointment of a qualified resident of the
county and the | 21 | | appointed precinct committeeman shall serve as though
elected; | 22 | | however, no such appointment may be made between the general
| 23 | | primary election and the 30th day after the general primary | 24 | | election.
| 25 | | (j) If the number of Congressional Districts in the State | 26 | | of Illinois
is reduced as a result of reapportionment of |
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| 1 | | Congressional Districts
following a federal decennial census, | 2 | | the State Central Committeemen and
Committeewomen of a | 3 | | political
party which elects its State Central
Committee by | 4 | | either Alternative A or by Alternative B under paragraph (a)
of | 5 | | Section 7-8 who were
previously elected shall continue to serve | 6 | | as if no reapportionment had
occurred until the expiration of | 7 | | their terms.
| 8 | | (Source: P.A. 99-522, eff. 6-30-16.)
| 9 | | (10 ILCS 5/7-12) (from Ch. 46, par. 7-12)
| 10 | | Sec. 7-12. All petitions for nomination shall be filed by | 11 | | mail or
in person as follows: | 12 | | (1) Where the nomination is to be made for a State, | 13 | | congressional, or
judicial office, or for any office a | 14 | | nomination for which is made for a
territorial division or | 15 | | district which comprises more than one county or
is partly | 16 | | in one county and partly in another county or counties, | 17 | | then,
except as otherwise provided in this Section, such | 18 | | petition for nomination
shall be filed in the principal | 19 | | office of the State Board of Elections not
more than 113 | 20 | | and not less than 106 days prior to the date of the | 21 | | primary,
but, in the case of petitions for nomination to | 22 | | fill a vacancy by special
election in the office of | 23 | | representative in Congress from this State, such
petition | 24 | | for nomination shall be filed in the principal office of | 25 | | the State
Board of Elections not more than 85 days and not |
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| 1 | | less than 82 days prior to
the date of the primary.
| 2 | | Where a vacancy occurs in the office of Supreme, | 3 | | Appellate or Circuit
Court Judge within the 3-week period | 4 | | preceding the 106th day before a
general primary election, | 5 | | petitions for nomination for the office in which
the | 6 | | vacancy has occurred shall be filed in the principal office | 7 | | of the
State Board of Elections not more than 92 nor less | 8 | | than 85 days prior to
the date of the general primary | 9 | | election.
| 10 | | Where the nomination is to be made for delegates or | 11 | | alternate
delegates to a national nominating convention, | 12 | | then such petition for
nomination shall be filed in the | 13 | | principal office of the State Board of
Elections not more | 14 | | than 113 and not less than 106 days prior to the date of
| 15 | | the primary; provided, however, that if the rules or | 16 | | policies of a national
political party conflict with such | 17 | | requirements for filing petitions for
nomination for | 18 | | delegates or alternate delegates to a national nominating
| 19 | | convention, the chairman of the State central committee of | 20 | | such national
political party shall notify the Board in | 21 | | writing, citing by reference the
rules or policies of the | 22 | | national political party in conflict, and in such
case the | 23 | | Board shall direct such petitions to be filed in accordance | 24 | | with the delegate selection plan adopted by the state | 25 | | central committee of such national political party.
| 26 | | (2) Where the nomination is to be made for a county |
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| 1 | | office or trustee
of a sanitary district then such petition | 2 | | shall be filed in the office
of the county clerk not more | 3 | | than 113 nor less than 106 days prior to the
date of the | 4 | | primary.
| 5 | | (3) Where the nomination is to be made for a municipal | 6 | | or township
office, such petitions for nomination shall be | 7 | | filed in the office of
the local election official, not | 8 | | more than 99 nor less than 92 days
prior to the date of the | 9 | | primary; provided, where a municipality's or
township's | 10 | | boundaries are coextensive with or are entirely within the
| 11 | | jurisdiction of a municipal board of election | 12 | | commissioners, the petitions
shall be filed in the office | 13 | | of such board; and provided, that petitions
for the office | 14 | | of multi-township assessor shall be filed with the election
| 15 | | authority.
| 16 | | (4) The petitions of candidates for State central | 17 | | committeeman shall
be filed in the principal office of the | 18 | | State Board of Elections not
more than 113 nor less than | 19 | | 106 days prior to the date of the primary.
| 20 | | (5) Petitions of candidates for precinct, township or | 21 | | ward
committeemen shall be filed in the office of the | 22 | | county clerk not more
than 113 nor less than 106 days prior | 23 | | to the date of the primary.
| 24 | | (6) The State Board of Elections and the various | 25 | | election authorities
and local election officials with | 26 | | whom such petitions for nominations
are filed shall specify |
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| 1 | | the place where filings shall be made and upon
receipt | 2 | | shall endorse thereon the day and hour on which each | 3 | | petition
was filed. All petitions filed by persons waiting | 4 | | in line as of 8:00
a.m. on the first day for filing, or as | 5 | | of the normal opening hour of
the office involved on such | 6 | | day, shall be deemed filed as of 8:00 a.m.
or the normal | 7 | | opening hour, as the case may be. Petitions filed by mail
| 8 | | and received after midnight of the first day for filing and | 9 | | in the first
mail delivery or pickup of that day shall be | 10 | | deemed as filed as of 8:00
a.m. of that day or as of the | 11 | | normal opening hour of such day, as the
case may be. All | 12 | | petitions received thereafter shall be deemed as filed
in | 13 | | the order of actual receipt. However, 2 or more petitions | 14 | | filed within the last hour of the filing deadline shall be | 15 | | deemed filed simultaneously. Where 2 or more petitions are | 16 | | received
simultaneously, the State Board of Elections or | 17 | | the various election
authorities or local election | 18 | | officials with whom such petitions are
filed shall break | 19 | | ties and determine the order of filing, by means of a
| 20 | | lottery or other fair and impartial method of random | 21 | | selection approved
by the State Board of Elections. Such | 22 | | lottery shall be conducted within
9 days following the last | 23 | | day for petition filing and shall be open to the
public. | 24 | | Seven days written notice of the time and place of | 25 | | conducting such
random selection shall be given by the | 26 | | State Board of Elections to the
chairman of the State |
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| 1 | | central committee of each established political
party, and | 2 | | by each election authority or local election official, to | 3 | | the
County Chairman of each established political party, | 4 | | and to each
organization of citizens within the election | 5 | | jurisdiction which was
entitled, under this Article, at the | 6 | | next preceding election, to have
pollwatchers present on | 7 | | the day of election. The State Board of Elections,
election | 8 | | authority or local election official shall post in a | 9 | | conspicuous,
open and public place, at the entrance of the | 10 | | office, notice of the time
and place of such lottery. The | 11 | | State Board of Elections shall adopt rules
and regulations | 12 | | governing the procedures for the conduct of such lottery.
| 13 | | All candidates shall be certified in the order in which | 14 | | their petitions
have been filed. Where candidates have | 15 | | filed simultaneously, they shall be
certified in the order | 16 | | determined by lot and prior to candidates who filed
for the | 17 | | same office at a later time.
| 18 | | (7) The State Board of Elections or the appropriate | 19 | | election
authority or local election official with whom | 20 | | such a petition for
nomination is filed shall notify the | 21 | | person for whom a petition for
nomination has been filed of | 22 | | the obligation to file statements of
organization, reports | 23 | | of campaign contributions, and annual reports of
campaign | 24 | | contributions and expenditures under Article 9 of this Act.
| 25 | | Such notice shall be given in the manner prescribed by | 26 | | paragraph (7) of
Section 9-16 of this Code.
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| 1 | | (8) Nomination papers filed under this Section are not | 2 | | valid if the
candidate named therein fails to file a | 3 | | statement of economic interests
as required by the Illinois | 4 | | Governmental Ethics Act in relation to his
candidacy with | 5 | | the appropriate officer by the end of the period for the
| 6 | | filing of nomination papers unless he has filed a statement | 7 | | of economic
interests in relation to the same governmental | 8 | | unit with that officer
within a year preceding the date on | 9 | | which such nomination papers were
filed. If the nomination | 10 | | papers of any candidate and the statement of
economic | 11 | | interest of that candidate are not required to be filed | 12 | | with
the same officer, the candidate must file with the | 13 | | officer with whom the
nomination papers are filed a receipt | 14 | | from the officer with whom the
statement of economic | 15 | | interests is filed showing the date on which such
statement | 16 | | was filed. Such receipt shall be so filed not later than | 17 | | the
last day on which nomination papers may be filed.
| 18 | | (9) Any person for whom a petition for nomination, or | 19 | | for committeeman or
for delegate or alternate delegate to a | 20 | | national nominating convention has
been filed may cause his | 21 | | name to be withdrawn by request in writing, signed
by him | 22 | | and duly acknowledged before an officer qualified to take
| 23 | | acknowledgments of deeds, and filed in the principal or | 24 | | permanent branch
office of the State Board of Elections or | 25 | | with the appropriate election
authority or local election | 26 | | official, not later than the date of
certification of |
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| 1 | | candidates for the consolidated primary or general primary
| 2 | | ballot. No names so withdrawn shall be certified or printed | 3 | | on the
primary ballot. If petitions for nomination have | 4 | | been filed for the
same person with respect to more than | 5 | | one political party, his name
shall not be certified nor | 6 | | printed on the primary ballot of any party.
If petitions | 7 | | for nomination have been filed for the same person for 2 or
| 8 | | more offices which are incompatible so that the same person | 9 | | could not
serve in more than one of such offices if | 10 | | elected, that person must
withdraw as a candidate for all | 11 | | but one of such offices within the
5 business days | 12 | | following the last day for petition filing. A candidate in | 13 | | a judicial election may file petitions for nomination for | 14 | | only one vacancy in a subcircuit and only one vacancy in a | 15 | | circuit in any one filing period, and if petitions for | 16 | | nomination have been filed for the same person for 2 or | 17 | | more vacancies in the same circuit or subcircuit in the | 18 | | same filing period, his or her name shall be certified only | 19 | | for the first vacancy for which the petitions for | 20 | | nomination were filed. If he fails to
withdraw as a | 21 | | candidate for all but one of such offices within such time
| 22 | | his name shall not be certified, nor printed on the primary | 23 | | ballot, for any
office. For the purpose of the foregoing | 24 | | provisions, an office in a
political party is not | 25 | | incompatible with any other office.
| 26 | | (10)(a) Notwithstanding the provisions of any other |
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| 1 | | statute, no primary
shall be held for an established | 2 | | political party in any township,
municipality, or ward | 3 | | thereof, where the nomination of such
party for every | 4 | | office to be voted upon by the electors of such
township, | 5 | | municipality, or ward thereof, is uncontested. Whenever a
| 6 | | political party's nomination of candidates is uncontested | 7 | | as to one or
more, but not all, of the offices to be voted | 8 | | upon by the electors of a
township, municipality, or ward | 9 | | thereof, then a primary shall
be held for that party in | 10 | | such township, municipality, or ward thereof;
provided | 11 | | that the primary ballot shall not include those offices
| 12 | | within such township, municipality, or ward thereof, for | 13 | | which the
nomination is uncontested. For purposes of this | 14 | | Article, the nomination
of an established political party | 15 | | of a candidate for election to an office
shall be deemed to | 16 | | be uncontested where not more than the number of persons
to | 17 | | be nominated have timely filed valid nomination papers | 18 | | seeking the
nomination of such party for election to such | 19 | | office.
| 20 | | (b) Notwithstanding the provisions of any other | 21 | | statute, no primary
election shall be held for an | 22 | | established political party for any special
primary | 23 | | election called for the purpose of filling a vacancy in the | 24 | | office
of representative in the United States Congress | 25 | | where the nomination of
such political party for said | 26 | | office is uncontested. For the purposes of
this Article, |
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| 1 | | the nomination of an established political party of a
| 2 | | candidate for election to said office shall be deemed to be | 3 | | uncontested
where not more than the number of persons to be | 4 | | nominated have timely filed
valid nomination papers | 5 | | seeking the nomination of such established party
for | 6 | | election to said office. This subsection (b) shall not | 7 | | apply if such
primary election is conducted on a regularly | 8 | | scheduled election day.
| 9 | | (c) Notwithstanding the provisions of any other law to | 10 | | the contrary in subparagraph (a) and (b) of this
paragraph | 11 | | (10) , whenever a person who has not timely filed valid | 12 | | nomination
papers and who intends to become a write-in | 13 | | candidate for a political
party's nomination for any office | 14 | | for which the nomination is uncontested
files a written | 15 | | statement or notice of that intent with the State Board of
| 16 | | Elections or the local election official with whom | 17 | | nomination papers for
such office are filed, no primary | 18 | | ballot shall be printed. Where no primary is held, a person | 19 | | intending to become a write-in candidate at the | 20 | | consolidated primary election shall re-file a declaration | 21 | | of intent to be a write-in candidate for the consolidated | 22 | | election with the appropriate election authority or | 23 | | authorities a primary ballot shall be prepared and a | 24 | | primary
shall be held for that office. Such statement or | 25 | | notice shall be filed on
or before the date established in | 26 | | this Article for certifying candidates
for the primary |
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| 1 | | ballot. Such statement or notice shall contain (i) the
name | 2 | | and address of the person intending to become a write-in | 3 | | candidate,
(ii) a statement that the person is a qualified | 4 | | primary elector of the
political party from whom the | 5 | | nomination is sought, (iii) a statement that
the person | 6 | | intends to become a write-in candidate for the party's
| 7 | | nomination, and (iv) the office the person is seeking as a | 8 | | write-in
candidate. An election authority shall have no | 9 | | duty to conduct a primary
and prepare a primary ballot for | 10 | | any office for which the nomination is
uncontested unless a | 11 | | statement or notice meeting the requirements of this
| 12 | | Section is filed in a timely manner .
| 13 | | (11) If multiple sets of nomination papers are filed | 14 | | for a candidate to
the same office, the State Board of | 15 | | Elections, appropriate election
authority or local | 16 | | election official where the petitions are filed shall
| 17 | | within 2 business days notify the candidate of his or her | 18 | | multiple petition
filings and that the candidate has 3 | 19 | | business days after receipt of the
notice to notify the | 20 | | State Board of Elections, appropriate election
authority | 21 | | or local election official that he or she may cancel prior | 22 | | sets
of petitions. If the candidate notifies the State | 23 | | Board of Elections,
appropriate election authority or | 24 | | local election official, the last set of
petitions filed | 25 | | shall be the only petitions to be considered valid by the
| 26 | | State Board of Elections, election authority or local |
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| 1 | | election official. If
the candidate fails to notify the | 2 | | State Board of Elections, election authority
or local
| 3 | | election official then only the first set of petitions | 4 | | filed shall be valid
and all subsequent petitions shall be | 5 | | void.
| 6 | | (12) All nominating petitions shall be available for | 7 | | public inspection
and shall be preserved for a period of | 8 | | not less than 6 months.
| 9 | | (Source: P.A. 99-221, eff. 7-31-15.)
| 10 | | (10 ILCS 5/7-59) (from Ch. 46, par. 7-59)
| 11 | | Sec. 7-59. (a) The person receiving the highest number of | 12 | | votes at a
primary as a candidate of a party for the nomination | 13 | | for an office shall
be the candidate of that party for such | 14 | | office, and his name as such
candidate shall be placed on the | 15 | | official ballot at the election then
next ensuing; provided, | 16 | | that where there are two or more persons to be
nominated for | 17 | | the same office or board, the requisite number of persons
| 18 | | receiving the highest number of votes shall be nominated and | 19 | | their names
shall be placed on the official ballot at the | 20 | | following election.
| 21 | | Except as otherwise provided by Section 7-8 of this Act, | 22 | | the
person receiving the highest number of votes of his party | 23 | | for
State central committeeman of his congressional district | 24 | | shall be
declared elected State central committeeman from said | 25 | | congressional
district.
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| 1 | | Unless a national political party specifies that delegates | 2 | | and
alternate delegates to a National nominating convention be | 3 | | allocated by
proportional selection representation according | 4 | | to the results of a
Presidential preference primary, the | 5 | | requisite number of persons
receiving the highest number of | 6 | | votes of their party for delegates and
alternate delegates to | 7 | | National nominating conventions from the State at
large, and | 8 | | the requisite number of persons receiving the highest number of
| 9 | | votes of their party for delegates and alternate delegates to | 10 | | National
nominating conventions in their respective | 11 | | congressional districts shall be
declared elected delegates | 12 | | and alternate delegates to the National
nominating conventions | 13 | | of their party.
| 14 | | A political party which elects the members to its State | 15 | | Central Committee
by Alternative B under paragraph (a) of | 16 | | Section 7-8 shall select its
congressional district delegates | 17 | | and alternate delegates to its national
nominating convention | 18 | | by proportional selection representation according to
the | 19 | | results of a Presidential preference primary in each | 20 | | congressional
district in the manner provided by the rules of | 21 | | the national political
party and the State Central Committee, | 22 | | when the rules and policies of the
national political party so | 23 | | require.
| 24 | | A political party which elects the members to its State | 25 | | Central Committee
by Alternative B under paragraph (a) of | 26 | | Section 7-8 shall select its
at large delegates and alternate |
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| 1 | | delegates to its national
nominating convention by | 2 | | proportional selection representation according to
the results | 3 | | of a Presidential preference primary in the whole State in the
| 4 | | manner provided by the rules of the national political party | 5 | | and the State
Central Committee, when the rules and policies of | 6 | | the national political
party so require.
| 7 | | The person receiving the highest number of votes of his | 8 | | party for
precinct committeeman of his precinct shall be | 9 | | declared elected precinct
committeeman from said precinct.
| 10 | | The person receiving the highest number of votes of his | 11 | | party for
township committeeman of his township or part of a | 12 | | township as the case
may be, shall be declared elected township | 13 | | committeeman from said
township or part of a township as the | 14 | | case may be. In cities where ward
committeemen are elected, the | 15 | | person receiving the highest number of
votes of his party for | 16 | | ward committeeman of his ward shall be declared
elected ward | 17 | | committeeman from said ward.
| 18 | | When two or more persons receive an equal and the highest | 19 | | number of
votes for the nomination for the same office or for | 20 | | committeeman of the
same political party, or where more than | 21 | | one person of the same
political party is to be nominated as a | 22 | | candidate for office or
committeeman, if it appears that more | 23 | | than the number of persons to be
nominated for an office or | 24 | | elected committeeman have the highest and an
equal number of | 25 | | votes for the nomination for the same office or for
election as | 26 | | committeeman, the election authority by which the returns of |
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| 1 | | the primary
are canvassed shall decide by lot which of said | 2 | | persons shall be
nominated or elected, as the case may be. In | 3 | | such case the election authority shall issue notice in writing | 4 | | to such persons of such tie vote
stating therein the place, the | 5 | | day (which shall not be more than 5 days thereafter) and the | 6 | | hour when such nomination or election shall
be so determined.
| 7 | | (b) Write-in votes shall be counted only for persons who | 8 | | have filed
notarized declarations of intent to be write-in | 9 | | candidates with the proper
election authority or authorities no | 10 | | more than 106 days before, and not later than 61 days prior to
| 11 | | the primary. However, whenever an objection to a candidate's | 12 | | nominating papers or petitions for any office is sustained | 13 | | under Section 10-10 after the 61st day before the election, | 14 | | then write-in votes shall be counted for that candidate if he | 15 | | or she has filed a notarized declaration of intent to be a | 16 | | write-in candidate for that office with the proper election | 17 | | authority or authorities not later than 7 days prior to the | 18 | | election.
| 19 | | Forms for the declaration of intent to be a write-in | 20 | | candidate shall be
supplied by the election authorities. A | 21 | | declaration of intent to be a write-in candidate shall include: | 22 | | (1) the name and address of the person intending to | 23 | | become a write-in candidate; | 24 | | (2) the office sought; | 25 | | (3) the date of the election; and | 26 | | (4) the notarized signature of the candidate or |
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| 1 | | candidates. | 2 | | A declaration of intent to be a write-in candidate that | 3 | | does not include the information required by paragraphs (1) | 4 | | through (4) shall not be accepted. | 5 | | Persons intending to become write-in candidates for | 6 | | the offices of President of the United States and Vice | 7 | | President of the United States or Governor and Lieutenant | 8 | | Governor shall file one joint declaration of intent to be a | 9 | | write-in candidate that identifies the candidate for each | 10 | | office. Such declaration shall specify the
office for which | 11 | | the person seeks nomination or election as a write-in
| 12 | | candidate.
| 13 | | The election authority or authorities shall deliver a list | 14 | | of all persons
who have filed such declarations to the election | 15 | | judges in the appropriate
precincts prior to the primary.
| 16 | | (c) (1) Notwithstanding any other provisions of this | 17 | | Section, where
the number of candidates whose names have been | 18 | | printed on a party's
ballot for nomination for or election to | 19 | | an office at a primary is less
than the number of persons the | 20 | | party is entitled to nominate for or elect
to the office at the | 21 | | primary, a person whose name was not printed on the
party's | 22 | | primary ballot as a candidate for nomination for or election to | 23 | | the
office, is not nominated for or elected to that office as a | 24 | | result of a
write-in vote at the primary unless the number of | 25 | | votes he received equals
or exceeds the number of signatures | 26 | | required on a petition for nomination
for that office; or |
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| 1 | | unless the number of votes he receives exceeds the
number of | 2 | | votes received by at least one of the candidates whose names | 3 | | were
printed on the primary ballot for nomination for or | 4 | | election to the same
office.
| 5 | | (2) Paragraph (1) of this subsection does not apply where | 6 | | the number
of candidates whose names have been printed on the | 7 | | party's ballot for
nomination for or election to the office at | 8 | | the primary equals or exceeds
the number of persons the party | 9 | | is entitled to nominate for or elect to the
office at the | 10 | | primary.
| 11 | | (Source: P.A. 94-647, eff. 1-1-06; 95-699, eff. 11-9-07.)
| 12 | | (10 ILCS 5/13-1) (from Ch. 46, par. 13-1)
| 13 | | Sec. 13-1. In counties not under township organization, the | 14 | | county
board of commissioners shall at its meeting in July
in | 15 | | each
even-numbered year appoint in each election precinct 5 | 16 | | capable and
discreet persons meeting the qualifications of | 17 | | Section 13-4 to
be judges of election. Where neither voting | 18 | | machines nor electronic,
mechanical or electric voting systems | 19 | | are used, the county board may,
for any precinct with respect | 20 | | to which the board considers such action
necessary or desirable | 21 | | in view of the number of voters, and shall for
general | 22 | | elections for any precinct containing more than 600 registered
| 23 | | voters, appoint in addition to the 5 judges of election a team | 24 | | of 5
tally judges. In such precincts the judges of election | 25 | | shall preside
over the election during the hours the polls are |
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| 1 | | open, and the tally
judges, with the assistance of the holdover | 2 | | judges designated pursuant
to Section 13-6.2, shall count the | 3 | | vote after the closing of the polls.
However, the County Board | 4 | | of Commissioners may appoint 3 judges of election
to serve in | 5 | | lieu of the 5 judges of election otherwise required by this
| 6 | | Section (1) to serve in any emergency referendum, or in any | 7 | | odd-year regular
election or in any special primary or special | 8 | | election called
for the purpose of filling a vacancy in the | 9 | | office of representative in
the United States Congress or to | 10 | | nominate candidates for such purpose or (2) if the county board | 11 | | passes an ordinance to reduce the number of judges of election | 12 | | to 3 for primary elections. In addition, an election authority | 13 | | may reduce the number of judges of election in each precinct | 14 | | from 5 to 3 for any election.
The tally judges shall possess | 15 | | the same qualifications and shall be
appointed in the same | 16 | | manner and with the same division between
political parties as | 17 | | is provided for judges of election.
| 18 | | In addition to such precinct judges, the county board of
| 19 | | commissioners shall appoint special panels of 3 judges each, | 20 | | who shall
possess the same qualifications and shall be | 21 | | appointed in the same
manner and with the same division between | 22 | | political parties as is
provided for other judges of election. | 23 | | The number of such panels of
judges required shall be | 24 | | determined by regulations of the State Board of
Elections which | 25 | | shall base the required numbers of special panels on the
number | 26 | | of registered voters in the jurisdiction or the number of vote |
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| 1 | | by mail
ballots voted at recent elections, or any combination | 2 | | of such factors.
| 3 | | Such appointment shall be confirmed by the court as | 4 | | provided in
Section 13-3 of this Article. No more than 3 | 5 | | persons of the same
political party shall be appointed judges | 6 | | of the same election precinct
or election judge panel. The | 7 | | appointment shall be made in the following
manner: The county | 8 | | board of commissioners shall select and approve 3
persons as | 9 | | judges of election in each election precinct from a certified
| 10 | | list, furnished by the chairman of the County Central Committee | 11 | | of the
first leading political party in such precinct; and the | 12 | | county board of
commissioners shall also select and approve 2 | 13 | | persons as judges of
election in each election precinct from a | 14 | | certified list, furnished by
the chairman of the County Central | 15 | | Committee of the second leading
political party. However, if | 16 | | only 3 judges of election serve in each
election precinct, no | 17 | | more than 2 persons of the same political party shall
be judges | 18 | | of election in the same election precinct; and which political
| 19 | | party is entitled to 2 judges of election and which political | 20 | | party is
entitled to one judge of election shall be determined | 21 | | in the same manner as
set forth in the next two preceding | 22 | | sentences with regard to 5 election
judges in each precinct. | 23 | | Such certified list shall be filed with the county
clerk not | 24 | | less than 10 days before the annual meeting of the county
board | 25 | | of commissioners. Such list shall be arranged according to
| 26 | | precincts. The chairman of each county central committee shall, |
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| 1 | | insofar
as possible, list persons who reside within the | 2 | | precinct in which they
are to serve as judges. However, he may, | 3 | | in his sole discretion, submit
the names of persons who reside | 4 | | outside the precinct but within the
county embracing the | 5 | | precinct in which they are to serve. He must,
however, submit | 6 | | the names of at least 2 residents of the precinct for
each | 7 | | precinct in which his party is to have 3 judges and must submit | 8 | | the
name of at least one resident of the precinct for each | 9 | | precinct in which
his party is to have 2 judges. The county | 10 | | board of commissioners shall
acknowledge in writing to each | 11 | | county chairman the names of all persons
submitted on such | 12 | | certified list and the total number of persons listed
thereon. | 13 | | If no such list is filed or such list is incomplete (that is,
| 14 | | no names or an insufficient number of names are furnished for | 15 | | certain
election precincts), the county board of commissioners | 16 | | shall make or
complete such list from the names contained in | 17 | | the supplemental list
provided for in Section 13-1.1. The | 18 | | election judges shall hold their
office for 2 years from their | 19 | | appointment, and until their successors
are duly appointed in | 20 | | the manner provided in this Act. The county board
of | 21 | | commissioners shall fill all vacancies in the office of judge | 22 | | of
election at any time in the manner provided in this Act.
| 23 | | (Source: P.A. 100-337, eff. 8-25-17.)
| 24 | | (10 ILCS 5/13-2) (from Ch. 46, par. 13-2)
| 25 | | Sec. 13-2. In counties under the township organization the |
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| 1 | | county
board shall at its meeting in July in each even-numbered | 2 | | year
except in counties containing a population of 3,000,000 | 3 | | inhabitants or
over and except when such judges are appointed | 4 | | by election
commissioners, select in each election precinct in | 5 | | the county, 5 capable
and discreet persons to be judges of | 6 | | election who shall
possess the
qualifications required by this | 7 | | Act for such judges. Where neither
voting machines nor | 8 | | electronic, mechanical or electric voting systems
are used, the | 9 | | county board may, for any precinct with respect to which
the | 10 | | board considers such action necessary or desirable in view of | 11 | | the
number of voters, and shall for general elections for any | 12 | | precinct
containing more than 600 registered voters, appoint in | 13 | | addition to the 5
judges of election a team of 5 tally judges. | 14 | | In such precincts the
judges of election shall preside over the | 15 | | election during the hours the
polls are open, and the tally | 16 | | judges, with the assistance of the
holdover judges designated | 17 | | pursuant to Section 13-6.2, shall count the
vote after the | 18 | | closing of the polls. The tally judges shall possess the
same | 19 | | qualifications and shall be appointed in the same manner and | 20 | | with
the same division between political parties as is provided | 21 | | for judges of
election.
| 22 | | However, the county board may appoint 3 judges of election | 23 | | to serve in
lieu of the 5 judges of election otherwise required | 24 | | by this Section (1) to serve
in any emergency referendum, or in | 25 | | any odd-year regular election
or in any special primary or | 26 | | special election called for the purpose of
filling a vacancy in |
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| 1 | | the office of representative in the United States Congress
or | 2 | | to nominate candidates for such purpose or (2) if the county | 3 | | board passes an ordinance to reduce the number of judges of | 4 | | election to 3 for primary elections. In addition, an election | 5 | | authority may reduce the number of judges of election in each | 6 | | precinct from 5 to 3 for any election.
| 7 | | In addition to such precinct judges, the county board shall | 8 | | appoint
special panels of 3 judges each, who shall possess the | 9 | | same
qualifications and shall be appointed in the same manner | 10 | | and with the
same division between political parties as is | 11 | | provided for other judges
of election. The number of such | 12 | | panels of judges required shall be
determined by regulations of | 13 | | the State Board of Elections, which shall
base the required | 14 | | number of special panels on the number of registered
voters in | 15 | | the jurisdiction or the number of absentee ballots voted at
| 16 | | recent elections or any combination of such factors.
| 17 | | No more than 3 persons of the same political party shall be | 18 | | appointed
judges in the same election district or undivided | 19 | | precinct. The election
of the judges of election in the various | 20 | | election precincts shall be
made in the following manner: The | 21 | | county board shall
select and approve 3 of the election judges | 22 | | in each precinct from a
certified list furnished by the | 23 | | chairman of the County Central Committee
of the first leading | 24 | | political party in such election precinct and shall also
select | 25 | | and approve 2 judges of election in each election precinct from | 26 | | a
certified list furnished by the chairman of the County |
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| 1 | | Central Committee
of the second leading political party in such | 2 | | election precinct. However,
if only 3 judges of election serve | 3 | | in each election precinct, no more than 2
persons of the same | 4 | | political party shall be judges of election in the same
| 5 | | election precinct; and which political party is entitled to 2 | 6 | | judges of
election and which political party is entitled to one | 7 | | judge of election shall
be determined in the same manner as set | 8 | | forth in the next two preceding
sentences with regard to 5 | 9 | | election judges in each precinct. The respective
County Central | 10 | | Committee chairman shall notify the county board by June 1 of
| 11 | | each odd-numbered year immediately preceding the annual | 12 | | meeting of the county
board whether or not such certified list | 13 | | will be filed by such chairman. Such
list shall be arranged | 14 | | according to precincts. The chairman of each county
central | 15 | | committee shall, insofar as possible, list persons who reside | 16 | | within
the precinct in which they are to serve as judges. | 17 | | However, he may, in his sole
discretion, submit the names of | 18 | | persons who reside outside the precinct but
within the county | 19 | | embracing the precinct in which they are to serve. He must,
| 20 | | however, submit the names of at least 2 residents of the | 21 | | precinct for each
precinct in which his party is to have 3 | 22 | | judges and must submit the name of at
least one resident of the | 23 | | precinct for each precinct in which his party is to
have 2 | 24 | | judges. Such certified list, if filed, shall be filed with the | 25 | | county
clerk not less than 20 days before the annual meeting of | 26 | | the county board. The
county board shall acknowledge in writing |
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| 1 | | to each county chairman the names of
all persons submitted on | 2 | | such certified list and the total number of persons
listed | 3 | | thereon. If no such list is filed or the list is incomplete | 4 | | (that is, no
names or an insufficient number of names are | 5 | | furnished for certain election
precincts), the county board | 6 | | shall make or complete such list from the names
contained in | 7 | | the supplemental list provided for in Section 13-1.1. Provided,
| 8 | | further, that in any case where a township has been or shall be | 9 | | redistricted,
in whole or in part, subsequent to one general | 10 | | election for Governor, and prior
to the next, the judges of | 11 | | election to be selected for all new or altered
precincts shall | 12 | | be selected in that one of the methods above detailed, which
| 13 | | shall be applicable according to the facts and circumstances of | 14 | | the particular
case, but the majority of such judges for each | 15 | | such precinct shall be selected
from the first leading | 16 | | political party, and the minority judges from the second
| 17 | | leading political party. Provided, further, that in counties | 18 | | having a
population of 3,000,000 inhabitants or over the | 19 | | selection of judges of election
shall be made in the same | 20 | | manner in all respects as in other counties, except
that the | 21 | | provisions relating to tally judges are inapplicable to such | 22 | | counties
and except that the county board shall meet during the | 23 | | month of January for the
purpose of making such selection, each | 24 | | township committeeperson shall assume the responsibilities | 25 | | given to the chairman of the county central committee in this | 26 | | Section for the precincts within his or her township, and the |
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| 1 | | township committeeperson shall notify the county board by the | 2 | | preceding October 1 whether or
not the certified list will be | 3 | | filed. Such judges of election shall hold their
office for 2 | 4 | | years from their appointment and until their successors are | 5 | | duly
appointed in the manner provided in this Act. The county | 6 | | board shall fill all
vacancies in the office of judges of | 7 | | elections at any time in the manner herein
provided.
| 8 | | Such selections under this Section shall be confirmed by | 9 | | the circuit
court as provided in Section 13-3 of this Article.
| 10 | | (Source: P.A. 100-337, eff. 8-25-17.)
| 11 | | (10 ILCS 5/14-1) (from Ch. 46, par. 14-1)
| 12 | | Sec. 14-1. (a) The board of election commissioners | 13 | | established
or existing under Article 6 shall, at the time and | 14 | | in the
manner provided in Section 14-3.1, select and choose no | 15 | | less than 3 5 persons,
men or women, as judges of election for | 16 | | each precinct in such
city, village or incorporated town.
| 17 | | Where neither voting machines nor electronic, mechanical | 18 | | or
electric voting systems are used, the board of election
| 19 | | commissioners may, for any precinct with respect to which the
| 20 | | board considers such action necessary or desirable in view of
| 21 | | the number of voters, and shall for general elections for any
| 22 | | precinct containing more than 600 registered voters, appoint
in | 23 | | addition to the 5 judges of election chosen under this | 24 | | subsection a team of 5 tally judges.
In such precincts the | 25 | | judges of election shall preside over the
election during the |
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| 1 | | hours the polls are open, and the tally
judges, with the | 2 | | assistance of the holdover judges designated
pursuant to | 3 | | Section
14-5.2, shall count the vote after the closing of the | 4 | | polls.
The tally judges shall possess the same qualifications | 5 | | and
shall be appointed in the same manner and with the same | 6 | | division
between political parties as is provided for judges of | 7 | | election.
The foregoing provisions relating to the appointment | 8 | | of tally
judges are inapplicable in counties with a population | 9 | | of
1,000,000 or more.
| 10 | | (b) To qualify as judges the persons must:
| 11 | | (1) be citizens of the United States;
| 12 | | (2) be of good repute and character and not subject to | 13 | | the registration requirement of the Sex Offender | 14 | | Registration Act;
| 15 | | (3) be able to speak, read and write the English | 16 | | language;
| 17 | | (4) be skilled in the 4 fundamental rules of | 18 | | arithmetic;
| 19 | | (5) be of good understanding and capable;
| 20 | | (6) not be candidates for any office at the election | 21 | | and not
be elected committeemen;
| 22 | | (7) reside and be entitled to vote in the precinct in | 23 | | which
they are selected to serve, except that in each | 24 | | precinct not
more than one judge of each party may be | 25 | | appointed from outside
such precinct. Any judge so | 26 | | appointed to serve in any precinct
in which he is not |
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| 1 | | entitled to vote must be entitled to vote
elsewhere within | 2 | | the county which encompasses the precinct in
which such | 3 | | judge is appointed and such judge must otherwise
meet the | 4 | | qualifications of this Section, except as provided in | 5 | | subsection (c)
or (c-5).
| 6 | | (c) An election authority may establish a program to permit | 7 | | a person who
is not entitled to vote
to be appointed as an | 8 | | election judge if, as of the date of the election at
which the | 9 | | person serves as a judge, he or she:
| 10 | | (1) is a U.S. citizen;
| 11 | | (2) is a junior or senior in good standing enrolled in | 12 | | a public or private secondary
school;
| 13 | | (3) has a cumulative grade point average equivalent to | 14 | | at least 3.0 on a
4.0 scale;
| 15 | | (4) has the written approval of the principal of the | 16 | | secondary school he
or she attends at the time of | 17 | | appointment;
| 18 | | (5) has the written approval of his or her parent or | 19 | | legal guardian;
| 20 | | (6) has satisfactorily completed the training course | 21 | | for judges of
election
described in Sections 13-2.1, | 22 | | 13-2.2, and 14-4.1; and
| 23 | | (7) meets all other qualifications for appointment and | 24 | | service as an
election judge.
| 25 | | No more than one election judge qualifying under this | 26 | | subsection may serve
per political party per precinct.
Prior to |
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| 1 | | appointment, a judge qualifying under this subsection must | 2 | | certify
in writing to the election authority the political | 3 | | party the judge chooses to
affiliate with.
| 4 | | Students appointed as election judges under this | 5 | | subsection
shall not be counted as absent from school on the | 6 | | day they serve as judges.
| 7 | | (c-5) An election authority may establish a program to | 8 | | permit a person who
is not entitled to vote in that precinct or | 9 | | county to be appointed as an
election judge if, as of the date | 10 | | of the election at which the person serves as
a judge, he or | 11 | | she:
| 12 | | (1) is a U.S. citizen;
| 13 | | (2) is currently enrolled in a community college, as | 14 | | defined in the Public Community College Act, or a public or | 15 | | private Illinois university or
college;
| 16 | | (3) has a cumulative grade point average equivalent to | 17 | | at least 3.0 on a
4.0 scale;
| 18 | | (4) has satisfactorily completed the training course | 19 | | for judges of
election
described in Sections 13-2.1, | 20 | | 13-2.2, and 14-4.1; and
| 21 | | (5) meets all other qualifications for appointment and | 22 | | service as an
election judge.
| 23 | | No more than one election judge qualifying under this | 24 | | subsection may serve
per political party per precinct.
Prior to | 25 | | appointment, a judge qualifying under this subsection must | 26 | | certify
in writing to the election authority the political |
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| 1 | | party the judge chooses to
affiliate with.
| 2 | | Students appointed as election judges under this | 3 | | subsection
shall not be counted as absent from school on the | 4 | | day they serve as judges.
| 5 | | (d) The board of election commissioners may select 2 | 6 | | additional
judges of election, one from each of the major | 7 | | political parties,
for each 200 voters in excess of 600 in any | 8 | | precinct having more
than 600 voters as authorized
by Section | 9 | | 11-3. These additional judges must meet the
qualifications | 10 | | prescribed in this Section.
| 11 | | (Source: P.A. 95-699, eff. 11-9-07; 95-818, eff. 1-1-09; | 12 | | 96-328, eff. 8-11-09 .)
| 13 | | (10 ILCS 5/17-16.1) (from Ch. 46, par. 17-16.1)
| 14 | | Sec. 17-16.1. Write-in votes shall be counted only for | 15 | | persons who have
filed notarized declarations of intent to be | 16 | | write-in candidates with
the proper election authority or | 17 | | authorities no more than 106 days before, and not later than 61 | 18 | | days prior to
the election. However, whenever an objection to a | 19 | | candidate's nominating papers or petitions for any office is | 20 | | sustained under Section 10-10 after the 61st day before the | 21 | | election, then write-in votes shall be counted for that | 22 | | candidate if he or she has filed a notarized declaration of | 23 | | intent to be a write-in candidate for that office with the | 24 | | proper election authority or authorities not later than 7 days | 25 | | prior to the election.
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| 1 | | Forms for the declaration of intent to be a write-in | 2 | | candidate shall
be supplied by the election authorities. A | 3 | | declaration of intent to be a write-in candidate shall include: | 4 | | (1) the name and address of the person intending to | 5 | | become a write-in candidate; | 6 | | (2) the office sought; | 7 | | (3) the date of the election; and | 8 | | (4) the notarized signature of the candidate or | 9 | | candidates. | 10 | | A declaration of intent to be a write-in candidate that | 11 | | does not include the information required by paragraphs (1) | 12 | | through (4) shall not be accepted. | 13 | | Persons intending to become write-in candidates for | 14 | | the offices of President of the United States and Vice | 15 | | President of the United States or Governor and Lieutenant | 16 | | Governor shall file one joint declaration of intent to be a | 17 | | write-in candidate that identifies the candidate for each | 18 | | office. A vote cast for either candidate shall constitute a | 19 | | valid write-in vote for the team of candidates. Such | 20 | | declaration shall specify
the office for which the person | 21 | | seeks election as a write-in candidate.
| 22 | | The election authority or authorities shall deliver a list | 23 | | of all persons
who have filed such declarations to the election | 24 | | judges in the appropriate
precincts prior to the election.
| 25 | | A candidate for whom a nomination paper has been filed as a | 26 | | partisan
candidate at a primary election, and who is defeated |
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| 1 | | for his or her
nomination at the primary election is ineligible | 2 | | to file a declaration of
intent to be a write-in candidate for | 3 | | election in that general or consolidated
election.
| 4 | | A candidate seeking election to an office for which | 5 | | candidates of
political parties are nominated by caucus who is | 6 | | a participant in the
caucus and who is defeated for his or her | 7 | | nomination at such caucus is
ineligible to file a declaration | 8 | | of intent to be a write-in candidate for
election in that | 9 | | general or consolidated election.
| 10 | | A candidate seeking election to an office for which | 11 | | candidates are
nominated at a primary election on a nonpartisan | 12 | | basis and who is defeated
for his or her nomination at the | 13 | | primary election is ineligible to file a
declaration of intent | 14 | | to be a write-in candidate for election in that
general or | 15 | | consolidated election.
| 16 | | Nothing in this Section shall be construed to apply to | 17 | | votes
cast under the provisions of subsection (b) of Section | 18 | | 16-5.01.
| 19 | | (Source: P.A. 95-699, eff. 11-9-07.)
| 20 | | (10 ILCS 5/18-9.1) (from Ch. 46, par. 18-9.1)
| 21 | | Sec. 18-9.1. Write-in votes shall be counted only for | 22 | | persons who have
filed notarized declarations of intent to be | 23 | | write-in candidates with
the proper election authority or | 24 | | authorities no more than 106 days before, and not later than 61 | 25 | | days prior to
the election. However, whenever an objection to a |
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| 1 | | candidate's nominating papers or petitions is sustained under | 2 | | Section 10-10 after the 61st day before the election, then | 3 | | write-in votes shall be counted for that candidate if he or she | 4 | | has filed a notarized declaration of intent to be a write-in | 5 | | candidate for that office with the proper election authority or | 6 | | authorities not later than 7 days prior to the election.
| 7 | | Forms for the declaration of intent to be a write-in | 8 | | candidate shall
be supplied by the election authorities. A | 9 | | declaration of intent to be a write-in candidate shall include: | 10 | | (1) the name and address of the person intending to | 11 | | become a write-in candidate; | 12 | | (2) the office sought; | 13 | | (3) the date of the election; and | 14 | | (4) the notarized signature of the candidate or | 15 | | candidates. | 16 | | A declaration of intent to be a write-in candidate that | 17 | | does not include the information required by paragraphs (1) | 18 | | through (4) shall not be accepted. | 19 | | Persons intending to become write-in candidates for | 20 | | the offices of President of the United States and Vice | 21 | | President of the United States or Governor and Lieutenant | 22 | | Governor shall file one joint declaration of intent to be a | 23 | | write-in candidate that identifies the candidate for each | 24 | | office. A vote cast for either candidate shall constitute a | 25 | | valid write-in vote for the team of candidates. Such | 26 | | declaration shall specify
the office for which the person |
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| 1 | | seeks election as a write-in candidate.
| 2 | | The election authority or authorities shall deliver a list | 3 | | of all persons
who have filed such declarations to the election | 4 | | judges in the appropriate
precincts prior to the election.
| 5 | | A candidate for whom a nomination paper has been filed as a | 6 | | partisan
candidate at a primary election, and who is defeated | 7 | | for his or her
nomination at the primary election, is | 8 | | ineligible to file a declaration of
intent to be a write-in | 9 | | candidate for election in that general or
consolidated | 10 | | election.
| 11 | | A candidate seeking election to an office for which | 12 | | candidates of
political parties are nominated by caucus who is | 13 | | a participant in the
caucus and who is defeated for his or her | 14 | | nomination at such caucus is
ineligible to file a declaration | 15 | | of intent to be a write-in candidate for
election in that | 16 | | general or consolidated election.
| 17 | | A candidate seeking election to an office for which | 18 | | candidates are
nominated at a primary election on a nonpartisan | 19 | | basis and who is defeated
for his or her nomination at the | 20 | | primary election is ineligible to file a
declaration of intent | 21 | | to be a write-in candidate for election in that
general or | 22 | | consolidated election.
| 23 | | Nothing in this Section shall be construed to apply to | 24 | | votes
cast under the provisions of subsection (b) of Section | 25 | | 16-5.01.
| 26 | | (Source: P.A. 95-699, eff. 11-9-07.)
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| 1 | | (10 ILCS 5/19-3) (from Ch. 46, par. 19-3) | 2 | | Sec. 19-3. The
application for vote by mail ballot shall be | 3 | | substantially in the
following form: | 4 | | APPLICATION FOR VOTE BY MAIL BALLOT | 5 | | To be voted at the .... election in the County of .... and | 6 | | State of
Illinois, in the .... precinct of the (1) *township of | 7 | | .... (2) *City of
.... or (3) *.... ward in the City of .... | 8 | | I state that I am a resident of the .... precinct of the | 9 | | (1)
*township of .... (2) *City of .... or (3) *.... ward in | 10 | | the city of
.... residing at .... in such city or town in the | 11 | | county of .... and
State of Illinois; that I have lived at such | 12 | | address for .... month(s)
last past; that I am lawfully | 13 | | entitled to vote in such precinct at the
.... election to be | 14 | | held therein on ....; and that I wish to vote by vote by mail | 15 | | ballot. | 16 | | I hereby make application for an official ballot or ballots | 17 | | to be
voted by me at such election, and I agree that I shall | 18 | | return such ballot or ballots to the
official issuing the same | 19 | | prior to the closing of the polls on the date
of the election | 20 | | or, if returned by mail, postmarked no later than election day, | 21 | | for counting no later than during the period for counting | 22 | | provisional ballots, the last day of which is the 14th day | 23 | | following election day. | 24 | | I understand that this application is made for an official | 25 | | vote by mail ballot or ballots to be voted by me at the |
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| 1 | | election specified in this application and that I must submit a | 2 | | separate application for an official vote by mail ballot or | 3 | | ballots to be voted by me at any subsequent election. | 4 | | Under penalties as provided by law pursuant to Section | 5 | | 29-10 of the
Election Code, the undersigned certifies that the | 6 | | statements set forth
in this application are true and correct. | 7 | | .... | 8 | | *fill in either (1), (2) or (3). | 9 | | Post office address to which ballot is mailed: | 10 | | ............... | 11 | | However, if application is made for a primary election | 12 | | ballot, such
application shall require the applicant to | 13 | | designate the name of the political party with which
the | 14 | | applicant is affiliated. | 15 | | If application is made electronically, the applicant shall | 16 | | mark the box associated with the above described statement | 17 | | included as part of the online application certifying that the | 18 | | statements set forth in this application are true and correct, | 19 | | and a signature is not required. | 20 | | Any person may produce, reproduce, distribute, or return to | 21 | | an election authority the application for vote by mail ballot. | 22 | | Any campaign, party, or other organization or individual that | 23 | | engages in a vote by mail operation in which voters are sent | 24 | | applications for vote by mail ballots shall also provide the | 25 | | voter with a return envelope addressed only to the appropriate | 26 | | local election authority for that registered voter. Removing, |
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| 1 | | tampering with, or otherwise knowingly making the postmark on | 2 | | the application unreadable by the election authority shall | 3 | | establish a rebuttable presumption of a violation of this | 4 | | paragraph. Upon receipt, the appropriate election authority | 5 | | shall accept and promptly process any application for vote by | 6 | | mail ballot submitted in a form substantially similar to that | 7 | | required by this Section, including any substantially similar | 8 | | production or reproduction generated by the applicant. | 9 | | (Source: P.A. 98-115, eff. 7-29-13; 98-1171, eff. 6-1-15; | 10 | | 99-522, eff. 6-30-16.) | 11 | | (10 ILCS 5/22-19 new) | 12 | | Sec. 22-19. Risk-limiting election audits. | 13 | | (a) Notwithstanding any other provision of law, an election | 14 | | authority is authorized to conduct a risk-limiting audit before | 15 | | the certification of the results of an election as provided | 16 | | under Section 22-18. The determination to conduct a | 17 | | risk-limiting audit, the scope of an audit, and the uses of the | 18 | | results of an audit are entirely within the discretion of the | 19 | | election authority. The provisions of the law regarding the | 20 | | anonymity of the ballot and chain of custody shall be observed | 21 | | in any process conducted under this subsection (a). | 22 | | (b) Notwithstanding any other provision of law, an election | 23 | | authority is authorized to conduct a risk-limiting audit after | 24 | | the results of an election have been certified and the period | 25 | | for filing an election contest has expired. The determination |
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| 1 | | to conduct a risk-limiting audit, the scope of an audit, and | 2 | | the uses of the results of an audit are entirely within the | 3 | | discretion of the election authority. | 4 | | (c) The State Board of Elections shall adopt rules to | 5 | | create a certification process for certifying that the | 6 | | procedure to be used by an election authority comports with the | 7 | | requirements of this Section, uses generally-accepted | 8 | | statistical methods, and meets the standards for best practices | 9 | | to insure statistically sound results. Upon application by an | 10 | | election authority, accompanied by a sufficient showing of the | 11 | | statistical soundness of an election authority's risk-limiting | 12 | | audit methods, the State Board of Elections may waive the | 13 | | certification process requirement for that election authority, | 14 | | notwithstanding the rules adopted under this subsection (c). | 15 | | (d) For the purposes of this Section, "risk-limiting audit" | 16 | | means a process of examining election materials, including | 17 | | ballots, under an audit protocol that makes use of statistical | 18 | | methods and is designed to limit the risk of the certification | 19 | | of an incorrect election outcome. The method used in a | 20 | | risk-limiting audit shall be capable of producing an outcome | 21 | | that demonstrates a strong statistical likelihood that the | 22 | | outcome of an election is correct. ".
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