Illinois General Assembly - Full Text of HB0716
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Full Text of HB0716  102nd General Assembly

HB0716sam001 102ND GENERAL ASSEMBLY

Sen. Don Harmon

Filed: 10/28/2021

 

 


 

 


 
10200HB0716sam001LRB102 10068 HLH 30314 a

1
AMENDMENT TO HOUSE BILL 716

2    AMENDMENT NO. ______. Amend House Bill 716 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Election Code is amended by changing
5Sections 1A-16, 2A-1.1b, 9-8.5, 9-10, 11-2, 11-3, 11-4.2,
611-8, 19-2, 19-2.5, and 19-6 and by adding Section 1-19 as
7follows:
 
8    (10 ILCS 5/1-19 new)
9    Sec. 1-19. Access to Voting for Persons with Disabilities
10Advisory Task Force.
11    (a) The Access to Voting for Persons with Disabilities
12Advisory Task Force is hereby created to review current laws
13and make recommendations to improve access to voting for
14persons with disabilities. Members of the Task Force shall be
15appointed as follows:
16        (1) Three members appointed by the Governor, one of

 

 

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1    whom shall serve as chair, and at least one with
2    experience representing or working with persons with
3    physical disabilities and one with experience representing
4    or working with person with neurological or mental
5    disabilities;
6        (2) Three members appointed by the President of the
7    Senate, including at least one attorney with election law
8    experience;
9        (3) Three members appointed by the Senate Minority
10    Leader, including at least one attorney with election law
11    experience;
12        (4) Three members appointed by the Speaker of the
13    House of Representatives, including at least one attorney
14    with election law experience;
15        (5) Three members appointed by the Minority Leader of
16    the House of Representatives, including at least one
17    attorney with election law experience.
18    (b) The Task Force shall hold a minimum of 4 meetings. No
19later than August 1, 2022, the Task Force shall produce and the
20State Board of Elections shall publish on its website a report
21with a summary of the laws and resources available for persons
22with disabilities seeking to exercise their right to vote. The
23Task Force shall produce a report with recommendations for
24changes to current law or recommendations for election
25authorities submit the report to the Governor and General
26Assembly no later than December 15, 2022.

 

 

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1    (c) The Members shall serve without compensation. If a
2vacancy occurs on the Task Force, it shall be filled according
3to the guidelines of the initial appointment. At the
4discretion of the chair, additional individuals may
5participate as non-voting members in the meetings of the Task
6Force.
7    (d) The State Board of Elections shall provide staff and
8administrative support to the Task Force.
9    (e) This Section is repealed on January 1, 2024.
 
10    (10 ILCS 5/1A-16)
11    (Text of Section before amendment by P.A. 102-292)
12    Sec. 1A-16. Voter registration information; Internet
13posting; processing of voter registration forms; content of
14such forms. Notwithstanding any law to the contrary, the
15following provisions shall apply to voter registration under
16this Code.
17    (a) Voter registration information; Internet posting of
18voter registration form. Within 90 days after August 21, 2003
19(the effective date of Public Act 93-574), the State Board of
20Elections shall post on its World Wide Web site the following
21information:
22        (1) A comprehensive list of the names, addresses,
23    phone numbers, and websites, if applicable, of all county
24    clerks and boards of election commissioners in Illinois.
25        (2) A schedule of upcoming elections and the deadline

 

 

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1    for voter registration.
2        (3) A downloadable, printable voter registration form,
3    in at least English and in Spanish versions, that a person
4    may complete and mail or submit to the State Board of
5    Elections or the appropriate county clerk or board of
6    election commissioners.
7Any forms described under paragraph (3) must state the
8following:
9        If you do not have a driver's license or social
10    security number, and this form is submitted by mail, and
11    you have never registered to vote in the jurisdiction you
12    are now registering in, then you must send, with this
13    application, either (i) a copy of a current and valid
14    photo identification, or (ii) a copy of a current utility
15    bill, bank statement, government check, paycheck, or other
16    government document that shows the name and address of the
17    voter. If you do not provide the information required
18    above, then you will be required to provide election
19    officials with either (i) or (ii) described above the
20    first time you vote at a voting place.
21    (b) Acceptance of registration forms by the State Board of
22Elections and county clerks and board of election
23commissioners. The State Board of Elections, county clerks,
24and board of election commissioners shall accept all completed
25voter registration forms described in subsection (a)(3) of
26this Section and Sections 1A-17 and 1A-30 that are:

 

 

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1        (1) postmarked on or before the day that voter
2    registration is closed under this Code;
3        (2) not postmarked, but arrives no later than 5 days
4    after the close of registration;
5        (3) submitted in person by a person using the form on
6    or before the day that voter registration is closed under
7    this Code; or
8        (4) submitted in person by a person who submits one or
9    more forms on behalf of one or more persons who used the
10    form on or before the day that voter registration is
11    closed under this Code.
12    Upon the receipt of a registration form, the State Board
13of Elections shall mark the date on which the form was received
14and send the form via first class mail to the appropriate
15county clerk or board of election commissioners, as the case
16may be, within 2 business days based upon the home address of
17the person submitting the registration form. The county clerk
18and board of election commissioners shall accept and process
19any form received from the State Board of Elections.
20    (c) Processing of registration forms by county clerks and
21boards of election commissioners. The county clerk or board of
22election commissioners shall promulgate procedures for
23processing the voter registration form.
24    (d) Contents of the voter registration form. The State
25Board shall create a voter registration form, which must
26contain the following content:

 

 

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1        (1) Instructions for completing the form.
2        (2) A summary of the qualifications to register to
3    vote in Illinois.
4        (3) Instructions for mailing in or submitting the form
5    in person.
6        (4) The phone number for the State Board of Elections
7    should a person submitting the form have questions.
8        (5) A box for the person to check that explains one of
9    3 reasons for submitting the form:
10            (a) new registration;
11            (b) change of address; or
12            (c) change of name.
13        (6) a box for the person to check yes or no that asks,
14    "Are you a citizen of the United States?", a box for the
15    person to check yes or no that asks, "Will you be 18 years
16    of age on or before election day?", and a statement of "If
17    you checked 'no' in response to either of these questions,
18    then do not complete this form.".
19        (7) A space for the person to fill in his or her home
20    telephone number.
21        (8) Spaces for the person to fill in his or her first,
22    middle, and last names, street address (principal place of
23    residence), county, city, state, and zip code.
24        (9) Spaces for the person to fill in his or her mailing
25    address, city, state, and zip code if different from his
26    or her principal place of residence.

 

 

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1        (10) A space for the person to fill in his or her
2    Illinois driver's license number if the person has a
3    driver's license.
4        (11) A space for a person without a driver's license
5    to fill in the last four digits of his or her social
6    security number if the person has a social security
7    number.
8        (12) A space for a person without an Illinois driver's
9    license to fill in his or her identification number from
10    his or her State Identification card issued by the
11    Secretary of State.
12        (13) A space for the person to fill the name appearing
13    on his or her last voter registration, the street address
14    of his or her last registration, including the city,
15    county, state, and zip code.
16        (14) A space where the person swears or affirms the
17    following under penalty of perjury with his or her
18    signature:
19            (a) "I am a citizen of the United States.";
20            (b) "I will be at least 18 years old on or before
21        the next election.";
22            (c) "I will have lived in the State of Illinois and
23        in my election precinct at least 30 days as of the date
24        of the next election."; and
25            (d) "The information I have provided is true to
26        the best of my knowledge under penalty of perjury. If I

 

 

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1        have provided false information, then I may be fined,
2        imprisoned, or, if I am not a U.S. citizen, deported
3        from or refused entry into the United States.".
4        (15) A space for the person to fill in his or her
5    e-mail address if he or she chooses to provide that
6    information.
7    (d-5) Compliance with federal law; rulemaking authority.
8The voter registration form described in this Section shall be
9consistent with the form prescribed by the Federal Election
10Commission under the National Voter Registration Act of 1993,
11P.L. 103-31, as amended from time to time, and the Help America
12Vote Act of 2002, P.L. 107-252, in all relevant respects. The
13State Board of Elections shall periodically update the form
14based on changes to federal or State law. The State Board of
15Elections shall promulgate any rules necessary for the
16implementation of this Section; provided that the rules
17comport with the letter and spirit of the National Voter
18Registration Act of 1993 and Help America Vote Act of 2002 and
19maximize the opportunity for a person to register to vote.
20    (d-10) No later than 90 days after the 2022 general
21election, the State Board of Elections shall permit applicants
22to choose between "male", "female", or "non-binary" when
23designating the applicant's sex on the voter registration
24form.
25    (e) Forms available in paper form. The State Board of
26Elections shall make the voter registration form available in

 

 

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1regular paper stock and form in sufficient quantities for the
2general public. The State Board of Elections may provide the
3voter registration form to the Secretary of State, county
4clerks, boards of election commissioners, designated agencies
5of the State of Illinois, and any other person or entity
6designated to have these forms by this Code in regular paper
7stock and form or some other format deemed suitable by the
8Board. Each county clerk or board of election commissioners
9has the authority to design and print its own voter
10registration form so long as the form complies with the
11requirements of this Section. The State Board of Elections,
12county clerks, boards of election commissioners, or other
13designated agencies of the State of Illinois required to have
14these forms under this Code shall provide a member of the
15public with any reasonable number of forms that he or she may
16request. Nothing in this Section shall permit the State Board
17of Elections, county clerk, board of election commissioners,
18or other appropriate election official who may accept a voter
19registration form to refuse to accept a voter registration
20form because the form is printed on photocopier or regular
21paper stock and form.
22    (f) (Blank).
23(Source: P.A. 100-863, eff. 8-14-18.)
 
24    (Text of Section after amendment by P.A. 102-292)
25    Sec. 1A-16. Voter registration information; Internet

 

 

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1posting; processing of voter registration forms; content of
2such forms. Notwithstanding any law to the contrary, the
3following provisions shall apply to voter registration under
4this Code.
5    (a) Voter registration information; Internet posting of
6voter registration form. Within 90 days after August 21, 2003
7(the effective date of Public Act 93-574), the State Board of
8Elections shall post on its World Wide Web site the following
9information:
10        (1) A comprehensive list of the names, addresses,
11    phone numbers, and websites, if applicable, of all county
12    clerks and boards of election commissioners in Illinois.
13        (2) A schedule of upcoming elections and the deadline
14    for voter registration.
15        (3) A downloadable, printable voter registration form,
16    in at least English and in Spanish versions, that a person
17    may complete and mail or submit to the State Board of
18    Elections or the appropriate county clerk or board of
19    election commissioners.
20Any forms described under paragraph (3) must state the
21following:
22        If you do not have a driver's license or social
23    security number, and this form is submitted by mail, and
24    you have never registered to vote in the jurisdiction you
25    are now registering in, then you must send, with this
26    application, either (i) a copy of a current and valid

 

 

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1    photo identification, or (ii) a copy of a current utility
2    bill, bank statement, government check, paycheck, or other
3    government document that shows the name and address of the
4    voter. If you do not provide the information required
5    above, then you will be required to provide election
6    officials with either (i) or (ii) described above the
7    first time you vote at a voting place.
8    (b) Acceptance of registration forms by the State Board of
9Elections and county clerks and board of election
10commissioners. The State Board of Elections, county clerks,
11and board of election commissioners shall accept all completed
12voter registration forms described in subsection (a)(3) of
13this Section and Section 1A-17 and voter registration forms
14created under Section 30 of the Address Confidentiality for
15Victims of Domestic Violence, Sexual Assault, Human
16Trafficking, or Stalking Act that are:
17        (1) postmarked on or before the day that voter
18    registration is closed under this Code;
19        (2) not postmarked, but arrives no later than 5 days
20    after the close of registration;
21        (3) submitted in person by a person using the form on
22    or before the day that voter registration is closed under
23    this Code; or
24        (4) submitted in person by a person who submits one or
25    more forms on behalf of one or more persons who used the
26    form on or before the day that voter registration is

 

 

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1    closed under this Code.
2    Upon the receipt of a registration form, the State Board
3of Elections shall mark the date on which the form was received
4and send the form via first class mail to the appropriate
5county clerk or board of election commissioners, as the case
6may be, within 2 business days based upon the home address of
7the person submitting the registration form. The county clerk
8and board of election commissioners shall accept and process
9any form received from the State Board of Elections.
10    (c) Processing of registration forms by county clerks and
11boards of election commissioners. The county clerk or board of
12election commissioners shall promulgate procedures for
13processing the voter registration form.
14    (d) Contents of the voter registration form. The State
15Board shall create a voter registration form, which must
16contain the following content:
17        (1) Instructions for completing the form.
18        (2) A summary of the qualifications to register to
19    vote in Illinois.
20        (3) Instructions for mailing in or submitting the form
21    in person.
22        (4) The phone number for the State Board of Elections
23    should a person submitting the form have questions.
24        (5) A box for the person to check that explains one of
25    3 reasons for submitting the form:
26            (a) new registration;

 

 

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1            (b) change of address; or
2            (c) change of name.
3        (6) a box for the person to check yes or no that asks,
4    "Are you a citizen of the United States?", a box for the
5    person to check yes or no that asks, "Will you be 18 years
6    of age on or before election day?", and a statement of "If
7    you checked 'no' in response to either of these questions,
8    then do not complete this form.".
9        (7) A space for the person to fill in his or her home
10    telephone number.
11        (8) Spaces for the person to fill in his or her first,
12    middle, and last names, street address (principal place of
13    residence), county, city, state, and zip code.
14        (9) Spaces for the person to fill in his or her mailing
15    address, city, state, and zip code if different from his
16    or her principal place of residence.
17        (10) A space for the person to fill in his or her
18    Illinois driver's license number if the person has a
19    driver's license.
20        (11) A space for a person without a driver's license
21    to fill in the last four digits of his or her social
22    security number if the person has a social security
23    number.
24        (12) A space for a person without an Illinois driver's
25    license to fill in his or her identification number from
26    his or her State Identification card issued by the

 

 

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1    Secretary of State.
2        (13) A space for the person to fill the name appearing
3    on his or her last voter registration, the street address
4    of his or her last registration, including the city,
5    county, state, and zip code.
6        (14) A space where the person swears or affirms the
7    following under penalty of perjury with his or her
8    signature:
9            (a) "I am a citizen of the United States.";
10            (b) "I will be at least 18 years old on or before
11        the next election.";
12            (c) "I will have lived in the State of Illinois and
13        in my election precinct at least 30 days as of the date
14        of the next election."; and
15            (d) "The information I have provided is true to
16        the best of my knowledge under penalty of perjury. If I
17        have provided false information, then I may be fined,
18        imprisoned, or, if I am not a U.S. citizen, deported
19        from or refused entry into the United States.".
20        (15) A space for the person to fill in his or her
21    e-mail address if he or she chooses to provide that
22    information.
23    (d-5) Compliance with federal law; rulemaking authority.
24The voter registration form described in this Section shall be
25consistent with the form prescribed by the Federal Election
26Commission under the National Voter Registration Act of 1993,

 

 

10200HB0716sam001- 15 -LRB102 10068 HLH 30314 a

1P.L. 103-31, as amended from time to time, and the Help America
2Vote Act of 2002, P.L. 107-252, in all relevant respects. The
3State Board of Elections shall periodically update the form
4based on changes to federal or State law. The State Board of
5Elections shall promulgate any rules necessary for the
6implementation of this Section; provided that the rules
7comport with the letter and spirit of the National Voter
8Registration Act of 1993 and Help America Vote Act of 2002 and
9maximize the opportunity for a person to register to vote.
10    (d-10) No later than 90 days after the 2022 general
11election, the State Board of Elections shall permit applicants
12to choose between "male", "female", or "non-binary" when
13designating the applicant's sex on the voter registration
14form.
15    (e) Forms available in paper form. The State Board of
16Elections shall make the voter registration form available in
17regular paper stock and form in sufficient quantities for the
18general public. The State Board of Elections may provide the
19voter registration form to the Secretary of State, county
20clerks, boards of election commissioners, designated agencies
21of the State of Illinois, and any other person or entity
22designated to have these forms by this Code in regular paper
23stock and form or some other format deemed suitable by the
24Board. Each county clerk or board of election commissioners
25has the authority to design and print its own voter
26registration form so long as the form complies with the

 

 

10200HB0716sam001- 16 -LRB102 10068 HLH 30314 a

1requirements of this Section. The State Board of Elections,
2county clerks, boards of election commissioners, or other
3designated agencies of the State of Illinois required to have
4these forms under this Code shall provide a member of the
5public with any reasonable number of forms that he or she may
6request. Nothing in this Section shall permit the State Board
7of Elections, county clerk, board of election commissioners,
8or other appropriate election official who may accept a voter
9registration form to refuse to accept a voter registration
10form because the form is printed on photocopier or regular
11paper stock and form.
12    (f) (Blank).
13(Source: P.A. 102-292, eff. 1-1-22.)
 
14    (10 ILCS 5/2A-1.1b)
15    (Section scheduled to be repealed on January 1, 2023)
16    Sec. 2A-1.1b. 2022 general primary election and general
17election dates.
18    (a) In addition to the provisions of this Code and
19notwithstanding any other law to the contrary, the provisions
20in this Section shall govern the dates for the conduct of the
212022 general primary election and for preparing for the 2022
22general election. The provisions of this Code shall control
23any aspect of the administration or conduct of the 2022
24general primary election and 2022 general election that is not
25provided for in this Section, provided that in the event of

 

 

10200HB0716sam001- 17 -LRB102 10068 HLH 30314 a

1conflict between this Section and any other provision of this
2Code or any other law, the provisions of this Section shall
3control. The provisions of this Section shall apply to all
4election authorities, including, but not limited to, those
5under the jurisdiction of a Board of Election Commissioners.
6The provisions of this Section shall apply for the dates for
7the 2022 general primary election and the 2022 general
8election only and the provisions of this amendatory Act of the
9102nd General Assembly shall be in effect through December 31,
102022.
11    (b) Petitions for nomination for the general primary
12election may begin circulation on January 13, 2022. All
13petitions for nomination of an established party candidate for
14statewide office shall be signed by at least 3,250 but not more
15than 6,500 of the qualified primary electors of the
16candidate's party. All petitions for nomination of an
17established party candidate for the office of Representative
18in the General Assembly shall be signed by at least 400 but not
19more than 1,000 of the qualified primary electors of the
20candidate's party in the candidate's representative district.
21All petitions for nomination of an established party candidate
22for the office of State Senator shall be signed by at least 650
23but not more than 2,000 of the qualified primary electors of
24the candidate's party in the candidate's legislative district.
25The signature requirement for an established party candidate
26for all other offices shall be reduced by one-third and any

 

 

10200HB0716sam001- 18 -LRB102 10068 HLH 30314 a

1provision of this Code limiting the maximum number of
2signatures that may be submitted for those offices shall be
3reduced by one-third.
4    (c) Petitions for nomination for congressional, or
5judicial office, or for any office a nomination for which is
6made for a territorial division or district which comprises
7more than one county or is partly in one county and partly in
8another county or counties (including the Fox Metro Water
9Reclamation District) for the general primary election may be
10filed in the principal office of the State Board of Elections
11beginning on March 7, 2022 but no later than March 14, 2022; a
12petition for nomination to fill a vacancy by special election
13in the office of representative in Congress from this State
14(for vacancies occurring between February 21, 2022 and March
1514, 2022) for the general primary election may be filed in the
16principal office of the State Board of Elections beginning
17March 28, 2022 but no later than April 4, 2022.
18    (d) Objections to certificates of nomination and
19nomination papers and petitions to submit public questions to
20a referendum for the general primary election shall be filed
21no later than March 21, 2022.
22    (e) Electors may request vote by mail ballots for the
23general primary election beginning on March 30, 2022 but no
24later than June 23, 2022.
25    (f) Petitions for nomination for independent candidates
26and new political party candidates for the general election

 

 

10200HB0716sam001- 19 -LRB102 10068 HLH 30314 a

1may begin circulation on April 13, 2022.
2    (g) The State Board of Elections shall certify the names
3of candidates who filed nomination papers or certificates of
4nomination for the general primary election with the Board no
5later than April 21, 2022.
6    (h) A notarized declaration of intent to be a write-in
7candidate for the general primary election shall be filed with
8the proper election authority or authorities no later than
9April 28, 2022.
10    (i) Each election authority shall mail ballots to each
11person who has filed an application for a ballot for the
12general primary election under Article 20 no later than May
1314, 2022, and any application received after May 12, 2022
14shall be mailed within 2 business days after receipt of the
15application.
16    (j) The period for early voting by personal appearance for
17the general primary election shall begin on May 19, 2022.
18    (k) The general primary election shall be held on June 28,
192022.
20    (l) The last day for an established party managing
21committee to appoint someone to fill a vacancy for the general
22election when no candidate was nominated at the general
23primary election and for the appointee to file the required
24documentation is July 25, 2022 August 13, 2022. The signature
25requirement for an established party candidate filing to fill
26a vacancy shall be reduced by two-thirds and any provision of

 

 

10200HB0716sam001- 20 -LRB102 10068 HLH 30314 a

1this Code limiting the maximum number of signatures that may
2be submitted for those offices shall be reduced by two-thirds.
3Objections to nomination papers, certificates of nomination,
4or resolutions for established party candidates filing to fill
5a vacancy shall be filed no later than August 1, 2022.
6    (m) Certificates of nomination and nomination papers for
7the nomination of new political parties and independent
8candidates for offices to be filled by electors of the entire
9State, or any district not entirely within a county, or for
10congressional, State legislative or judicial offices shall be
11presented to the principal office of the State Board of
12Elections beginning July 5, 2022 but no later than July 11,
132022. Certificates of nomination and nomination papers for the
14nomination of new political parties and independent candidates
15for all other offices shall be presented to the appropriate
16election authority or local election official with whom such
17nomination papers are filed beginning July 5, 2022 but no
18later than July 11, 2022.
19    (n) Objections to certificates of nomination and
20nomination papers for new political parties and independent
21candidates for the general election shall be filed no later
22than July 18, 2022.
23    (o) (Blank). A person for whom a petition for nomination
24has been filed for the general election may withdraw his or her
25petition with the appropriate election authority no later than
26August 13, 2022.

 

 

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1    (p) (Blank). The State Board of Elections shall certify to
2the county clerks the names of each of the candidates to appear
3on the ballot for the general election no later than September
46, 2022.
5    (q) This Section is repealed on January 1, 2023.
6(Source: P.A. 102-15, eff. 6-17-21.)
 
7    (10 ILCS 5/9-8.5)
8    (Text of Section before amendment by P.A. 102-664)
9    Sec. 9-8.5. Limitations on campaign contributions.
10    (a) It is unlawful for a political committee to accept
11contributions except as provided in this Section.
12    (b) During an election cycle, a candidate political
13committee may not accept contributions with an aggregate value
14over the following: (i) $5,000 from any individual, (ii)
15$10,000 from any corporation, labor organization, or
16association, or (iii) $50,000 from a candidate political
17committee or political action committee. A candidate political
18committee may accept contributions in any amount from a
19political party committee except during an election cycle in
20which the candidate seeks nomination at a primary election.
21During an election cycle in which the candidate seeks
22nomination at a primary election, a candidate political
23committee may not accept contributions from political party
24committees with an aggregate value over the following: (i)
25$200,000 for a candidate political committee established to

 

 

10200HB0716sam001- 22 -LRB102 10068 HLH 30314 a

1support a candidate seeking nomination to statewide office,
2(ii) $125,000 for a candidate political committee established
3to support a candidate seeking nomination to the Senate, the
4Supreme Court or Appellate Court in the First Judicial
5District, or an office elected by all voters in a county with
61,000,000 or more residents, (iii) $75,000 for a candidate
7political committee established to support a candidate seeking
8nomination to the House of Representatives, the Supreme Court
9or Appellate Court for a Judicial District other than the
10First Judicial District, an office elected by all voters of a
11county of fewer than 1,000,000 residents, and municipal and
12county offices in Cook County other than those elected by all
13voters of Cook County, and (iv) $50,000 for a candidate
14political committee established to support the nomination of a
15candidate to any other office. A candidate political committee
16established to elect a candidate to the General Assembly may
17accept contributions from only one legislative caucus
18committee. A candidate political committee may not accept
19contributions from a ballot initiative committee or from an
20independent expenditure committee.
21    (b-5) Judicial elections.
22        (1) In addition to any other provision of this
23    Section, a candidate political committee established to
24    support a candidate seeking nomination to the Supreme
25    Court, Appellate Court, or Circuit Court may not:
26            (A) accept contributions from any entity that does

 

 

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1        not disclose the identity of those who make
2        contributions to the entity, except for contributions
3        that are not required to be itemized by this Code; or
4            (B) accept contributions from any out-of-state
5        person, as defined in this Article.
6        (2) As used in this subsection, "contribution" has the
7    meaning provided in Section 9-1.4 and also includes the
8    following that are subject to the limits of this Section:
9            (A) expenditures made by any person in concert or
10        cooperation with, or at the request or suggestion of,
11        a candidate, his or her designated committee, or their
12        agents; and
13            (B) the financing by any person of the
14        dissemination, distribution, or republication, in
15        whole or in part, of any broadcast or any written,
16        graphic, or other form of campaign materials prepared
17        by the candidate, his or her campaign committee, or
18        their designated agents.
19        (3) As to contributions to a candidate political
20    committee established to support a candidate seeking
21    nomination to the Supreme Court, Appellate Court, or
22    Circuit Court:
23            (A) No person shall make a contribution in the
24        name of another person or knowingly permit his or her
25        name to be used to effect such a contribution.
26            (B) No person shall knowingly accept a

 

 

10200HB0716sam001- 24 -LRB102 10068 HLH 30314 a

1        contribution made by one person in the name of another
2        person.
3            (C) No person shall knowingly accept reimbursement
4        from another person for a contribution made in his or
5        her own name.
6            (D) No person shall make an anonymous
7        contribution.
8            (E) No person shall knowingly accept any anonymous
9        contribution.
10            (F) No person shall predicate (1) any benefit,
11        including, but not limited to, employment decisions,
12        including hiring, promotions, bonus compensation, and
13        transfers, or (2) any other gift, transfer, or
14        emolument upon:
15                (i) the decision by the recipient of that
16            benefit to donate or not to donate to a candidate;
17            or
18                (ii) the amount of any such donation.
19        (4) No judicial candidate or political committee
20    established to support a candidate seeking nomination to
21    the Supreme Court, Appellate Court, or Circuit Court shall
22    knowingly accept any contribution or make any expenditure
23    in violation of the provisions of this Section. No officer
24    or employee of a political committee established to
25    support a candidate seeking nomination to the Supreme
26    Court, Appellate Court, or Circuit Court shall knowingly

 

 

10200HB0716sam001- 25 -LRB102 10068 HLH 30314 a

1    accept a contribution made for the benefit or use of a
2    candidate or knowingly make any expenditure in support of
3    or opposition to a candidate or for electioneering
4    communications in relation to a candidate in violation of
5    any limitation designated for contributions and
6    expenditures under this Section.
7        (5) Where the provisions of this subsection (b-5)
8    conflict with any other provision of this Code, this
9    subsection (b-5) shall control.
10    (c) During an election cycle, a political party committee
11may not accept contributions with an aggregate value over the
12following: (i) $10,000 from any individual, (ii) $20,000 from
13any corporation, labor organization, or association, or (iii)
14$50,000 from a political action committee. A political party
15committee may accept contributions in any amount from another
16political party committee or a candidate political committee,
17except as provided in subsection (c-5). Nothing in this
18Section shall limit the amounts that may be transferred
19between a political party committee established under
20subsection (a) of Section 7-8 of this Code and an affiliated
21federal political committee established under the Federal
22Election Code by the same political party. A political party
23committee may not accept contributions from a ballot
24initiative committee or from an independent expenditure
25committee. A political party committee established by a
26legislative caucus may not accept contributions from another

 

 

10200HB0716sam001- 26 -LRB102 10068 HLH 30314 a

1political party committee established by a legislative caucus.
2    (c-5) During the period beginning on the date candidates
3may begin circulating petitions for a primary election and
4ending on the day of the primary election, a political party
5committee may not accept contributions with an aggregate value
6over $50,000 from a candidate political committee or political
7party committee. A political party committee may accept
8contributions in any amount from a candidate political
9committee or political party committee if the political party
10committee receiving the contribution filed a statement of
11nonparticipation in the primary as provided in subsection
12(c-10). The Task Force on Campaign Finance Reform shall study
13and make recommendations on the provisions of this subsection
14to the Governor and General Assembly by September 30, 2012.
15This subsection becomes inoperative on July 1, 2013 and
16thereafter no longer applies.
17    (c-10) A political party committee that does not intend to
18make contributions to candidates to be nominated at a general
19primary election or consolidated primary election may file a
20Statement of Nonparticipation in a Primary Election with the
21Board. The Statement of Nonparticipation shall include a
22verification signed by the chairperson and treasurer of the
23committee that (i) the committee will not make contributions
24or coordinated expenditures in support of or opposition to a
25candidate or candidates to be nominated at the general primary
26election or consolidated primary election (select one) to be

 

 

10200HB0716sam001- 27 -LRB102 10068 HLH 30314 a

1held on (insert date), (ii) the political party committee may
2accept unlimited contributions from candidate political
3committees and political party committees, provided that the
4political party committee does not make contributions to a
5candidate or candidates to be nominated at the primary
6election, and (iii) failure to abide by these requirements
7shall deem the political party committee in violation of this
8Article and subject the committee to a fine of no more than
9150% of the total contributions or coordinated expenditures
10made by the committee in violation of this Article. This
11subsection becomes inoperative on July 1, 2013 and thereafter
12no longer applies.
13    (d) During an election cycle, a political action committee
14may not accept contributions with an aggregate value over the
15following: (i) $10,000 from any individual, (ii) $20,000 from
16any corporation, labor organization, political party
17committee, or association, or (iii) $50,000 from a political
18action committee or candidate political committee. A political
19action committee may not accept contributions from a ballot
20initiative committee or from an independent expenditure
21committee.
22    (e) A ballot initiative committee may accept contributions
23in any amount from any source, provided that the committee
24files the document required by Section 9-3 of this Article and
25files the disclosure reports required by the provisions of
26this Article.

 

 

10200HB0716sam001- 28 -LRB102 10068 HLH 30314 a

1    (e-5) An independent expenditure committee may accept
2contributions in any amount from any source, provided that the
3committee files the document required by Section 9-3 of this
4Article and files the disclosure reports required by the
5provisions of this Article.
6    (f) Nothing in this Section shall prohibit a political
7committee from dividing the proceeds of joint fundraising
8efforts; provided that no political committee may receive more
9than the limit from any one contributor, and provided that an
10independent expenditure committee may not conduct joint
11fundraising efforts with a candidate political committee or a
12political party committee.
13    (g) On January 1 of each odd-numbered year, the State
14Board of Elections shall adjust the amounts of the
15contribution limitations established in this Section for
16inflation as determined by the Consumer Price Index for All
17Urban Consumers as issued by the United States Department of
18Labor and rounded to the nearest $100. The State Board shall
19publish this information on its official website.
20    (h) Self-funding candidates. If a public official, a
21candidate, or the public official's or candidate's immediate
22family contributes or loans to the public official's or
23candidate's political committee or to other political
24committees that transfer funds to the public official's or
25candidate's political committee or makes independent
26expenditures for the benefit of the public official's or

 

 

10200HB0716sam001- 29 -LRB102 10068 HLH 30314 a

1candidate's campaign during the 12 months prior to an election
2in an aggregate amount of more than (i) $250,000 for statewide
3office or (ii) $100,000 for all other elective offices, then
4the public official or candidate shall file with the State
5Board of Elections, within one day, a Notification of
6Self-funding that shall detail each contribution or loan made
7by the public official, the candidate, or the public
8official's or candidate's immediate family. Within 2 business
9days after the filing of a Notification of Self-funding, the
10notification shall be posted on the Board's website and the
11Board shall give official notice of the filing to each
12candidate for the same office as the public official or
13candidate making the filing, including the public official or
14candidate filing the Notification of Self-funding. Notice
15shall be sent via first class mail to the candidate and the
16treasurer of the candidate's committee. Notice shall also be
17sent by e-mail to the candidate and the treasurer of the
18candidate's committee if the candidate and the treasurer, as
19applicable, have provided the Board with an e-mail address.
20Upon posting of the notice on the Board's website, all
21candidates for that office, including the public official or
22candidate who filed a Notification of Self-funding, shall be
23permitted to accept contributions in excess of any
24contribution limits imposed by subsection (b). If a public
25official or candidate filed a Notification of Self-funding
26during an election cycle that includes a general primary

 

 

10200HB0716sam001- 30 -LRB102 10068 HLH 30314 a

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

 

 

10200HB0716sam001- 31 -LRB102 10068 HLH 30314 a

1independent expenditures, shall be permitted to accept
2contributions in excess of any contribution limits imposed by
3subsection (b).
4    (h-10) If the State Board of Elections receives
5notification or determines that a natural person or persons,
6an independent expenditure committee or committees, or
7combination thereof has made independent expenditures in
8support of or in opposition to the campaign of a particular
9public official or candidate in an aggregate amount of more
10than (i) $250,000 for statewide office or (ii) $100,000 for
11all other elective offices in an election cycle, then the
12Board shall, within 2 business days after discovering the
13independent expenditures that, in the aggregate, exceed the
14threshold set forth in (i) and (ii) of this subsection, post
15notice of this fact on the Board's website and give official
16notice to each candidate for the same office as the public
17official or candidate for whose benefit or detriment the
18independent expenditures were made. Notice shall be sent via
19first class mail to the candidate and the treasurer of the
20candidate's committee. Notice shall also be sent by e-mail to
21the candidate and the treasurer of the candidate's committee
22if the candidate and the treasurer, as applicable, have
23provided the Board with an e-mail address. Upon posting of the
24notice on the Board's website, all candidates of that office
25in that election, including the public official or candidate
26for whose benefit or detriment the independent expenditures

 

 

10200HB0716sam001- 32 -LRB102 10068 HLH 30314 a

1were made, may accept contributions in excess of any
2contribution limits imposed by subsection (b).
3    (i) For the purposes of this Section, a corporation, labor
4organization, association, or a political action committee
5established by a corporation, labor organization, or
6association may act as a conduit in facilitating the delivery
7to a political action committee of contributions made through
8dues, levies, or similar assessments and the political action
9committee may report the contributions in the aggregate,
10provided that: (i) contributions made through dues, levies, or
11similar assessments paid by any natural person, corporation,
12labor organization, or association in a calendar year may not
13exceed the limits set forth in this Section; (ii) the
14corporation, labor organization, association, or a political
15action committee established by a corporation, labor
16organization, or association facilitating the delivery of
17contributions maintains a list of natural persons,
18corporations, labor organizations, and associations that paid
19the dues, levies, or similar assessments from which the
20contributions comprising the aggregate amount derive; and
21(iii) contributions made through dues, levies, or similar
22assessments paid by any natural person, corporation, labor
23organization, or association that exceed $1,000 $500 in a
24quarterly reporting period shall be itemized on the
25committee's quarterly report and may not be reported in the
26aggregate. A political action committee facilitating the

 

 

10200HB0716sam001- 33 -LRB102 10068 HLH 30314 a

1delivery of contributions or receiving contributions shall
2disclose the amount of contributions made through dues
3delivered or received and the name of the corporation, labor
4organization, association, or political action committee
5delivering the contributions, if applicable. On January 1 of
6each odd-numbered year, the State Board of Elections shall
7adjust the amounts of the contribution limitations established
8in this subsection for inflation as determined by the Consumer
9Price Index for All Urban Consumers as issued by the United
10States Department of Labor and rounded to the nearest $100.
11The State Board shall publish this information on its official
12website.
13    (j) A political committee that receives a contribution or
14transfer in violation of this Section shall dispose of the
15contribution or transfer by returning the contribution or
16transfer, or an amount equal to the contribution or transfer,
17to the contributor or transferor or donating the contribution
18or transfer, or an amount equal to the contribution or
19transfer, to a charity. A contribution or transfer received in
20violation of this Section that is not disposed of as provided
21in this subsection within 30 days after the Board sends
22notification to the political committee of the excess
23contribution by certified mail shall escheat to the General
24Revenue Fund and the political committee shall be deemed in
25violation of this Section and subject to a civil penalty not to
26exceed 150% of the total amount of the contribution.

 

 

10200HB0716sam001- 34 -LRB102 10068 HLH 30314 a

1    (k) For the purposes of this Section, "statewide office"
2means the Governor, Lieutenant Governor, Attorney General,
3Secretary of State, Comptroller, and Treasurer.
4    (l) This Section is repealed if and when the United States
5Supreme Court invalidates contribution limits on committees
6formed to assist candidates, political parties, corporations,
7associations, or labor organizations established by or
8pursuant to federal law.
9(Source: P.A. 97-766, eff. 7-6-12; 98-115, eff. 7-29-13.)
 
10    (Text of Section after amendment by P.A. 102-664)
11    Sec. 9-8.5. Limitations on campaign contributions.
12    (a) It is unlawful for a political committee to accept
13contributions except as provided in this Section.
14    (b) During an election cycle, a candidate political
15committee may not accept contributions with an aggregate value
16over the following: (i) $5,000 from any individual, (ii)
17$10,000 from any corporation, labor organization, or
18association, or (iii) $50,000 from a candidate political
19committee or political action committee. A candidate political
20committee may accept contributions in any amount from a
21political party committee except during an election cycle in
22which the candidate seeks nomination at a primary election.
23During an election cycle in which the candidate seeks
24nomination at a primary election, a candidate political
25committee may not accept contributions from political party

 

 

10200HB0716sam001- 35 -LRB102 10068 HLH 30314 a

1committees with an aggregate value over the following: (i)
2$200,000 for a candidate political committee established to
3support a candidate seeking nomination to statewide office,
4(ii) $125,000 for a candidate political committee established
5to support a candidate seeking nomination to the Senate, the
6Supreme Court or Appellate Court in the First Judicial
7District, or an office elected by all voters in a county with
81,000,000 or more residents, (iii) $75,000 for a candidate
9political committee established to support a candidate seeking
10nomination to the House of Representatives, the Supreme Court
11or Appellate Court for a Judicial District other than the
12First Judicial District, an office elected by all voters of a
13county of fewer than 1,000,000 residents, and municipal and
14county offices in Cook County other than those elected by all
15voters of Cook County, and (iv) $50,000 for a candidate
16political committee established to support the nomination of a
17candidate to any other office. A candidate political committee
18established to elect a candidate to the General Assembly may
19accept contributions from only one legislative caucus
20committee. A candidate political committee may not accept
21contributions from a ballot initiative committee or from an
22independent expenditure committee.
23    (b-5) Judicial elections.
24        (1) In addition to any other provision of this
25    Section, a candidate political committee established to
26    support a candidate seeking nomination to the Supreme

 

 

10200HB0716sam001- 36 -LRB102 10068 HLH 30314 a

1    Court, Appellate Court, or Circuit Court may not:
2            (A) accept contributions from any group that is
3        not required by law to disclose the identity of its
4        contributors; or
5            (B) accept contributions from any out-of-state
6        source.
7        (2) As used in this subsection, "contribution" has the
8    meaning provided in Section 9-1.4 and also includes the
9    following that are subject to the limits of this Section:
10            (A) expenditures made by any person in concert or
11        cooperation with, or at the request or suggestion of,
12        a candidate, his or her designated committee, or their
13        agents; and
14            (B) the financing by any person of the
15        dissemination, distribution, or republication, in
16        whole or in part, of any broadcast or any written,
17        graphic, or other form of campaign materials prepared
18        by the candidate, his or her campaign committee, or
19        their designated agents.
20        (3) As to contributions to a candidate political
21    committee established to support a candidate seeking
22    nomination to the Supreme Court, Appellate Court, or
23    Circuit Court:
24            (A) No person shall make a contribution in the
25        name of another person or knowingly permit his or her
26        name to be used to effect such a contribution.

 

 

10200HB0716sam001- 37 -LRB102 10068 HLH 30314 a

1            (B) No person shall knowingly accept a
2        contribution made by one person in the name of another
3        person.
4            (C) No person shall knowingly accept reimbursement
5        from another person for a contribution made in his or
6        her own name.
7            (D) No person shall make an anonymous
8        contribution.
9            (E) No person shall knowingly accept any anonymous
10        contribution.
11            (F) No person shall predicate (1) any benefit,
12        including, but not limited to, employment decisions,
13        including hiring, promotions, bonus compensation, and
14        transfers, or (2) any other gift, transfer, or
15        emolument upon:
16                (i) the decision by the recipient of that
17            benefit to donate or not to donate to a candidate;
18            or
19                (ii) the amount of any such donation.
20        (4) No judicial candidate or political committee
21    established to support a candidate seeking nomination to
22    the Supreme Court, Appellate Court, or Circuit Court shall
23    knowingly accept any contribution or make any expenditure
24    in violation of the provisions of this Section. No officer
25    or employee of a political committee established to
26    support a candidate seeking nomination to the Supreme

 

 

10200HB0716sam001- 38 -LRB102 10068 HLH 30314 a

1    Court, Appellate Court, or Circuit Court shall knowingly
2    accept a contribution made for the benefit or use of a
3    candidate or knowingly make any expenditure in support of
4    or opposition to a candidate or for electioneering
5    communications in relation to a candidate in violation of
6    any limitation designated for contributions and
7    expenditures under this Section.
8        (5) Where the provisions of this subsection (b-5)
9    conflict with any other provision of this Code, this
10    subsection (b-5) shall control.
11    (c) During an election cycle, a political party committee
12may not accept contributions with an aggregate value over the
13following: (i) $10,000 from any individual, (ii) $20,000 from
14any corporation, labor organization, or association, or (iii)
15$50,000 from a political action committee. A political party
16committee may accept contributions in any amount from another
17political party committee or a candidate political committee,
18except as provided in subsection (c-5). Nothing in this
19Section shall limit the amounts that may be transferred
20between a political party committee established under
21subsection (a) of Section 7-8 of this Code and an affiliated
22federal political committee established under the Federal
23Election Code by the same political party. A political party
24committee may not accept contributions from a ballot
25initiative committee or from an independent expenditure
26committee. A political party committee established by a

 

 

10200HB0716sam001- 39 -LRB102 10068 HLH 30314 a

1legislative caucus may not accept contributions from another
2political party committee established by a legislative caucus.
3    (c-5) During the period beginning on the date candidates
4may begin circulating petitions for a primary election and
5ending on the day of the primary election, a political party
6committee may not accept contributions with an aggregate value
7over $50,000 from a candidate political committee or political
8party committee. A political party committee may accept
9contributions in any amount from a candidate political
10committee or political party committee if the political party
11committee receiving the contribution filed a statement of
12nonparticipation in the primary as provided in subsection
13(c-10). The Task Force on Campaign Finance Reform shall study
14and make recommendations on the provisions of this subsection
15to the Governor and General Assembly by September 30, 2012.
16This subsection becomes inoperative on July 1, 2013 and
17thereafter no longer applies.
18    (c-10) A political party committee that does not intend to
19make contributions to candidates to be nominated at a general
20primary election or consolidated primary election may file a
21Statement of Nonparticipation in a Primary Election with the
22Board. The Statement of Nonparticipation shall include a
23verification signed by the chairperson and treasurer of the
24committee that (i) the committee will not make contributions
25or coordinated expenditures in support of or opposition to a
26candidate or candidates to be nominated at the general primary

 

 

10200HB0716sam001- 40 -LRB102 10068 HLH 30314 a

1election or consolidated primary election (select one) to be
2held on (insert date), (ii) the political party committee may
3accept unlimited contributions from candidate political
4committees and political party committees, provided that the
5political party committee does not make contributions to a
6candidate or candidates to be nominated at the primary
7election, and (iii) failure to abide by these requirements
8shall deem the political party committee in violation of this
9Article and subject the committee to a fine of no more than
10150% of the total contributions or coordinated expenditures
11made by the committee in violation of this Article. This
12subsection becomes inoperative on July 1, 2013 and thereafter
13no longer applies.
14    (d) During an election cycle, a political action committee
15may not accept contributions with an aggregate value over the
16following: (i) $10,000 from any individual, (ii) $20,000 from
17any corporation, labor organization, political party
18committee, or association, or (iii) $50,000 from a political
19action committee or candidate political committee. A political
20action committee may not accept contributions from a ballot
21initiative committee or from an independent expenditure
22committee.
23    (e) A ballot initiative committee may accept contributions
24in any amount from any source, provided that the committee
25files the document required by Section 9-3 of this Article and
26files the disclosure reports required by the provisions of

 

 

10200HB0716sam001- 41 -LRB102 10068 HLH 30314 a

1this Article.
2    (e-5) An independent expenditure committee may accept
3contributions in any amount from any source, provided that the
4committee files the document required by Section 9-3 of this
5Article and files the disclosure reports required by the
6provisions of this Article.
7    (e-10) A limited activity committee shall not accept
8contributions, except that the officer or a candidate the
9committee has designated to support may contribute personal
10funds in order to pay for maintenance expenses. A limited
11activity committee may only make expenditures that are: (i)
12necessary for maintenance of the committee; (ii) for rent or
13lease payments until the end of the lease in effect at the time
14the officer or candidate is confirmed by the Senate; (iii)
15contributions to 501(c)(3) charities; or (iv) returning
16contributions to original contributors.
17    (f) Nothing in this Section shall prohibit a political
18committee from dividing the proceeds of joint fundraising
19efforts; provided that no political committee may receive more
20than the limit from any one contributor, and provided that an
21independent expenditure committee may not conduct joint
22fundraising efforts with a candidate political committee or a
23political party committee.
24    (g) On January 1 of each odd-numbered year, the State
25Board of Elections shall adjust the amounts of the
26contribution limitations established in this Section for

 

 

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1inflation as determined by the Consumer Price Index for All
2Urban Consumers as issued by the United States Department of
3Labor and rounded to the nearest $100. The State Board shall
4publish this information on its official website.
5    (h) Self-funding candidates. If a public official, a
6candidate, or the public official's or candidate's immediate
7family contributes or loans to the public official's or
8candidate's political committee or to other political
9committees that transfer funds to the public official's or
10candidate's political committee or makes independent
11expenditures for the benefit of the public official's or
12candidate's campaign during the 12 months prior to an election
13in an aggregate amount of more than (i) $250,000 for statewide
14office or (ii) $100,000 for all other elective offices, then
15the public official or candidate shall file with the State
16Board of Elections, within one day, a Notification of
17Self-funding that shall detail each contribution or loan made
18by the public official, the candidate, or the public
19official's or candidate's immediate family. Within 2 business
20days after the filing of a Notification of Self-funding, the
21notification shall be posted on the Board's website and the
22Board shall give official notice of the filing to each
23candidate for the same office as the public official or
24candidate making the filing, including the public official or
25candidate filing the Notification of Self-funding. Notice
26shall be sent via first class mail to the candidate and the

 

 

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1treasurer of the candidate's committee. Notice shall also be
2sent by e-mail to the candidate and the treasurer of the
3candidate's committee if the candidate and the treasurer, as
4applicable, have provided the Board with an e-mail address.
5Upon posting of the notice on the Board's website, all
6candidates for that office, including the public official or
7candidate who filed a Notification of Self-funding, shall be
8permitted to accept contributions in excess of any
9contribution limits imposed by subsection (b). If a public
10official or candidate filed a Notification of Self-funding
11during an election cycle that includes a general primary
12election or consolidated primary election and that public
13official or candidate is nominated, all candidates for that
14office, including the nominee who filed the notification of
15self-funding, shall be permitted to accept contributions in
16excess of any contribution limit imposed by subsection (b) for
17the subsequent election cycle. For the purposes of this
18subsection, "immediate family" means the spouse, parent, or
19child of a public official or candidate.
20    (h-5) If a natural person or independent expenditure
21committee makes independent expenditures in support of or in
22opposition to the campaign of a particular public official or
23candidate in an aggregate amount of more than (i) $250,000 for
24statewide office or (ii) $100,000 for all other elective
25offices in an election cycle, as reported in a written
26disclosure filed under subsection (a) of Section 9-8.6 or

 

 

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1subsection (e-5) of Section 9-10, then the State Board of
2Elections shall, within 2 business days after the filing of
3the disclosure, post the disclosure on the Board's website and
4give official notice of the disclosure to each candidate for
5the same office as the public official or candidate for whose
6benefit or detriment the natural person or independent
7expenditure committee made independent expenditures. Upon
8posting of the notice on the Board's website, all candidates
9for that office in that election, including the public
10official or candidate for whose benefit or detriment the
11natural person or independent expenditure committee made
12independent expenditures, shall be permitted to accept
13contributions in excess of any contribution limits imposed by
14subsection (b).
15    (h-10) If the State Board of Elections receives
16notification or determines that a natural person or persons,
17an independent expenditure committee or committees, or
18combination thereof has made independent expenditures in
19support of or in opposition to the campaign of a particular
20public official or candidate in an aggregate amount of more
21than (i) $250,000 for statewide office or (ii) $100,000 for
22all other elective offices in an election cycle, then the
23Board shall, within 2 business days after discovering the
24independent expenditures that, in the aggregate, exceed the
25threshold set forth in (i) and (ii) of this subsection, post
26notice of this fact on the Board's website and give official

 

 

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1notice to each candidate for the same office as the public
2official or candidate for whose benefit or detriment the
3independent expenditures were made. Notice shall be sent via
4first class mail to the candidate and the treasurer of the
5candidate's committee. Notice shall also be sent by e-mail to
6the candidate and the treasurer of the candidate's committee
7if the candidate and the treasurer, as applicable, have
8provided the Board with an e-mail address. Upon posting of the
9notice on the Board's website, all candidates of that office
10in that election, including the public official or candidate
11for whose benefit or detriment the independent expenditures
12were made, may accept contributions in excess of any
13contribution limits imposed by subsection (b).
14    (i) For the purposes of this Section, a corporation, labor
15organization, association, or a political action committee
16established by a corporation, labor organization, or
17association may act as a conduit in facilitating the delivery
18to a political action committee of contributions made through
19dues, levies, or similar assessments and the political action
20committee may report the contributions in the aggregate,
21provided that: (i) contributions made through dues, levies, or
22similar assessments paid by any natural person, corporation,
23labor organization, or association in a calendar year may not
24exceed the limits set forth in this Section; (ii) the
25corporation, labor organization, association, or a political
26action committee established by a corporation, labor

 

 

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1organization, or association facilitating the delivery of
2contributions maintains a list of natural persons,
3corporations, labor organizations, and associations that paid
4the dues, levies, or similar assessments from which the
5contributions comprising the aggregate amount derive; and
6(iii) contributions made through dues, levies, or similar
7assessments paid by any natural person, corporation, labor
8organization, or association that exceed $1,000 $500 in a
9quarterly reporting period shall be itemized on the
10committee's quarterly report and may not be reported in the
11aggregate. A political action committee facilitating the
12delivery of contributions or receiving contributions shall
13disclose the amount of contributions made through dues
14delivered or received and the name of the corporation, labor
15organization, association, or political action committee
16delivering the contributions, if applicable. On January 1 of
17each odd-numbered year, the State Board of Elections shall
18adjust the amounts of the contribution limitations established
19in this subsection for inflation as determined by the Consumer
20Price Index for All Urban Consumers as issued by the United
21States Department of Labor and rounded to the nearest $100.
22The State Board shall publish this information on its official
23website.
24    (j) A political committee that receives a contribution or
25transfer in violation of this Section shall dispose of the
26contribution or transfer by returning the contribution or

 

 

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1transfer, or an amount equal to the contribution or transfer,
2to the contributor or transferor or donating the contribution
3or transfer, or an amount equal to the contribution or
4transfer, to a charity. A contribution or transfer received in
5violation of this Section that is not disposed of as provided
6in this subsection within 30 days after the Board sends
7notification to the political committee of the excess
8contribution by certified mail shall escheat to the General
9Revenue Fund and the political committee shall be deemed in
10violation of this Section and subject to a civil penalty not to
11exceed 150% of the total amount of the contribution.
12    (k) For the purposes of this Section, "statewide office"
13means the Governor, Lieutenant Governor, Attorney General,
14Secretary of State, Comptroller, and Treasurer.
15    (l) This Section is repealed if and when the United States
16Supreme Court invalidates contribution limits on committees
17formed to assist candidates, political parties, corporations,
18associations, or labor organizations established by or
19pursuant to federal law.
20(Source: P.A. 102-664, eff. 1-1-22.)
 
21    (10 ILCS 5/9-10)  (from Ch. 46, par. 9-10)
22    Sec. 9-10. Disclosure of contributions and expenditures.
23    (a) The treasurer of every political committee shall file
24with the Board reports of campaign contributions and
25expenditures as required by this Section on forms to be

 

 

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1prescribed or approved by the Board.
2    (b) Every political committee shall file quarterly reports
3of campaign contributions, expenditures, and independent
4expenditures. The reports shall cover the period January 1
5through March 31, April 1 through June 30, July 1 through
6September 30, and October 1 through December 31 of each year. A
7political committee shall file quarterly reports no later than
8the 15th day of the month following each period. Reports of
9contributions and expenditures must be filed to cover the
10prescribed time periods even though no contributions or
11expenditures may have been received or made during the period.
12A report is considered timely filed if it is received by the
13Board no later than 11:59 p.m. on the deadline or postmarked no
14later than 3 days prior to the deadline. The Board shall assess
15a civil penalty not to exceed $5,000 for failure to file a
16report required by this subsection. The fine, however, shall
17not exceed $1,000 for a first violation if the committee files
18less than 10 days after the deadline. There shall be no fine if
19the report is mailed and postmarked at least 72 hours prior to
20the filing deadline. When considering the amount of the fine
21to be imposed, the Board shall consider whether the violation
22was committed inadvertently, negligently, knowingly, or
23intentionally and any past violations of this Section.
24    (c) A political committee shall file a report of any
25contribution of $1,000 or more electronically with the Board
26within 5 business days after receipt of the contribution,

 

 

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

 

 

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

 

 

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1or (iii) the public official, candidate, or political
2committee receives the notification of contribution of goods
3or services as required under subsection (b) of Section 9-6.
4    (e) A political committee that makes independent
5expenditures of $1,000 or more shall file a report
6electronically with the Board within 5 business days after
7making the independent expenditure, except that the report
8shall be filed within 2 business days after making the
9independent expenditure during the 60-day period before an
10election.
11    (e-5) An independent expenditure committee that makes an
12independent expenditure supporting or opposing a public
13official or candidate that, alone or in combination with any
14other independent expenditure made by that independent
15expenditure committee supporting or opposing that public
16official or candidate during the election cycle, equals an
17aggregate value of more than (i) $250,000 for statewide office
18or (ii) $100,000 for all other elective offices must file a
19written disclosure with the State Board of Elections within 2
20business days after making any expenditure that results in the
21independent expenditure committee exceeding the applicable
22threshold. The Board shall assess a civil penalty against an
23independent expenditure committee for failure to file the
24disclosure required by this subsection not to exceed (i) $500
25for an initial failure to file the required disclosure and
26(ii) $1,000 for each subsequent failure to file the required

 

 

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1disclosure.
2    (f) A copy of each report or statement filed under this
3Article shall be preserved by the person filing it for a period
4of two years from the date of filing.
5    (g) The Board may assess a civil penalty against a
6committee for any violation of this Section. The Board shall
7provide notice of any violation no later than 365 days after
8the date of the violation and provide the committee with an
9opportunity to appeal a violation. A committee shall not be
10fined if notice is not provided as required by this
11subsection. The fine assessed by the Board for a violation of
12this Section shall not exceed the amount of the contribution
13and may be no more than $500 for the first violation, no more
14than $1,000 for the second violation, no more than $2,000 for a
15third violation, and no more than $3,000 for any subsequent
16violations. When determining whether to waive or reduce a
17fine, the Board shall consider: (1) whether the political
18committee made an attempt to disclose the contribution and any
19attempts made to correct the violation; (2) whether the
20violation was inadvertent, knowingly, or intentional; (3)
21whether the violation is attributed to a clerical or computer
22error; (4) the amount of the contribution or total
23contributions in the report; (5) whether the violation arose
24from a discrepancy between the date the contribution was
25reported and the date the contribution was received by a
26political committee; (6) the number of days the report was

 

 

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1submitted late; and (7) any prior violations.
2(Source: P.A. 99-437, eff. 1-1-16.)
 
3    (10 ILCS 5/11-2)  (from Ch. 46, par. 11-2)
4    Sec. 11-2. Election precincts. The County Board in each
5county, except in counties having a population of 3,000,000
6inhabitants or over, shall, at its regular meeting in June or
7an adjourned meeting in July, divide its election precincts
8which contain more than 800 voters, into election districts so
9that each precinct district shall contain, as near as may be
10practicable, 1,200 registered 500 voters, and not more in any
11case than 800. Whenever the County Board ascertains that any
12election precinct contains more than 600 registered voters, it
13may divide such precinct, at its regular meeting in June, into
14election precincts so that each precinct shall contain, as
15nearly as may be practicable, 500 voters. Insofar as is
16practicable, each precinct shall be situated within a single
17congressional, legislative and representative district and in
18not more than one County Board district and one municipal
19ward. In order to situate each precinct within a single
20district or ward, the County Board shall change the boundaries
21of election precincts after each decennial census as soon as
22is practicable following the completion of congressional and
23legislative redistricting, except that, in 2021, the county
24board shall change the boundaries at a regular or special
25meeting within 60 days after the effective date of this

 

 

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1amendatory Act of the 102nd General Assembly. In determining
2whether a division of precincts should be made, the county
3board may anticipate increased voter registration in any
4precinct in which there is in progress new construction of
5dwelling units which will be occupied by voters more than 30
6days before the next election. Each district shall be composed
7of contiguous territory in as compact form as can be for the
8convenience of the electors voting therein. The several county
9boards in establishing districts shall describe them by metes
10and bounds and number them. And so often thereafter as it shall
11appear by the number of votes cast at the general election held
12in November of any year, that any election district or
13undivided election precinct contains more than 1,200
14registered 800 voters, the County Board of the county in which
15the district or precinct may be, shall at its regular meeting
16in June, or an adjourned meeting in July next, after such
17November election, redivide or readjust such election district
18or election precinct, so that no district or election precinct
19shall contain more than the number of votes above specified.
20If for any reason the County Board fails in any year to
21redivide or readjust the election districts or election
22precinct, then the districts or precincts as then existing
23shall continue until the next regular June meeting of the
24County Board; at which regular June meeting or an adjourned
25meeting in July the County Board shall redivide or readjust
26the election districts or election precincts in manner as

 

 

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1herein required. When at any meeting of the County Board any
2redivision, readjustment or change in name or number of
3election districts or election precincts is made by the County
4Board, the County Clerk shall immediately notify the State
5Board of Elections of such redivision, readjustment or change.
6The County Board in every case shall fix and establish the
7places for holding elections in its respective county and all
8elections shall be held at the places so fixed. The polling
9places shall in all cases be upon the ground floor in the front
10room, the entrance to which is in a highway or public street
11which is at least 40 feet wide, and is as near the center of
12the voting population of the precinct as is practicable, and
13for the convenience of the greatest number of electors to vote
14thereat; provided, however, where the County Board is unable
15to secure a suitable polling place within the boundaries of a
16precinct, it may select a polling place at the most
17conveniently located suitable place outside the precinct; but
18in no case shall an election be held in any room used or
19occupied as a saloon, dramshop, bowling alley or as a place of
20resort for idlers and disreputable persons, billiard hall or
21in any room connected therewith by doors or hallways. No
22person shall be permitted to vote at any election except at the
23polling place for the precinct in which he resides, except as
24otherwise provided in this Section or Article 19 of this Act.
25In counties having a population of 3,000,000 inhabitants or
26over the County Board shall divide its election precincts and

 

 

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1shall fix and establish places for holding elections as
2hereinbefore provided during the month of January instead of
3at its regular meeting in June or at an adjourned meeting in
4July.
5    However, in the event that additional divisions of
6election precincts are indicated after a division made by the
7County Board in the month of January, such additional
8divisions may be made by the County Board in counties having a
9population of 3,000,000 inhabitants or over, at the regular
10meeting in June or at adjourned meeting in July. The county
11board of such county may divide or readjust precincts at any
12meeting of the county board when the voter registration in a
13precinct has increased beyond 1,800 registered voters 800 and
14an election is scheduled before the next regular January or
15June meeting of the county board.
16    When in any city, village or incorporated town territory
17has been annexed thereto or disconnected therefrom, which
18annexation or disconnection becomes effective after election
19precincts or election districts have been established as above
20provided in this Section, the clerk of the municipality shall
21inform the county clerk thereof as provided in Section 4-21,
225-28.1, or 6-31.1, whichever is applicable. In the event that
23a regular meeting of the County Board is to be held after such
24notification and before any election, the County Board shall,
25at its next regular meeting establish new election precinct
26lines in affected territory. In the event that no regular

 

 

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1meeting of the County Board is to be held before such election
2the county clerk shall, within 5 days after being so informed,
3call a special meeting of the county board on a day fixed by
4him not more than 20 days thereafter for the purpose of
5establishing election precincts or election districts in the
6affected territory for the ensuing elections.
7    At any consolidated primary or consolidated election at
8which municipal officers are to be elected, and at any
9emergency referendum at which a public question relating to a
10municipality is to be voted on, notwithstanding any other
11provision of this Code, the election authority shall establish
12a polling place within such municipality, upon the request of
13the municipal council or board of trustees at least 60 days
14before the election and provided that the municipality
15provides a suitable polling place. To accomplish this purpose,
16the election authority may establish an election precinct
17constituting a single municipality of under 500 population for
18all elections, notwithstanding the minimum precinct size
19otherwise specified herein.
20    Notwithstanding the above, when there are no more than 50
21registered voters in a precinct who are entitled to vote in a
22local government or school district election, the election
23authority having jurisdiction over the precinct is authorized
24to reassign such voters to one or more polling places in
25adjacent precincts, within or without the election authority's
26jurisdiction, for that election. For the purposes of such

 

 

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1local government or school district election only, the votes
2of the reassigned voters shall be tallied and canvassed as
3votes from the precinct of the polling place to which such
4voters have been reassigned. The election authority having
5jurisdiction over the precinct shall approve all
6administrative and polling place procedures. Such procedures
7shall take into account voter convenience, and ensure that the
8integrity of the election process is maintained and that the
9secrecy of the ballot is not violated.
10    Except in the event of a fire, flood or total loss of heat
11in a place fixed or established by any county board or election
12authority pursuant to this Section as a polling place for an
13election, no election authority shall change the location of a
14polling place so established for any precinct after notice of
15the place of holding the election for that precinct has been
16given as required under Article 12 unless the election
17authority notifies all registered voters in the precinct of
18the change in location by first class mail in sufficient time
19for such notice to be received by the registered voters in the
20precinct at least one day prior to the date of the election.
21    The provisions of this Section apply to all precincts,
22including those where voting machines or electronic voting
23systems are used.
24(Source: P.A. 86-867.)
 
25    (10 ILCS 5/11-3)  (from Ch. 46, par. 11-3)

 

 

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1    Sec. 11-3. Election precincts.
2    (a) It shall be the duty of the Board of Commissioners
3established by Article 6 of this Act, within 2 months after its
4first organization, to divide the city, village or
5incorporated town which may adopt or is operating under
6Article 6, into election precincts, each of which shall be
7situated within a single congressional, legislative and
8representative district insofar as is practicable and in not
9more than one County Board district and one municipal ward; in
10order to situate each precinct within a single district or
11ward, the Board of Election Commissioners shall change the
12boundaries of election precincts after each decennial census
13as soon as is practicable following the completion of
14congressional and legislative redistricting and such precincts
15shall contain as nearly as practicable: (i) 1,200 registered
16voters if the precinct is located in a county with fewer than
173,000,000 inhabitants; or (ii) 1,800 registered voters if the
18precinct is located in a county with 3,000,000 or more
19inhabitants 600 qualified voters, and in making such division
20and establishing such precincts such board shall take as a
21basis the poll books, or the number of votes cast at the
22previous presidential election.
23    (b) Within 90 days after each presidential election, such
24board in a city with fewer than 500,000 inhabitants, village
25or incorporated town shall revise and rearrange such precincts
26on the basis of the votes cast at such election, making such

 

 

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1precincts to contain, as near as practicable, 1,200 registered
2voters or 1,800 registered voters, as applicable 600 actual
3voters; but at any time in all instances where the vote cast at
4any precinct, at any election, equals 800, there must be a
5rearrangement so as to reduce the vote to the standard of 600
6as near as may be. However, any apartment building in which
7more than 1,200 or 1,800 800 registered voters, as applicable,
8reside may be made a single precinct even though the vote in
9such precinct exceeds 1,200 or 1,800 registered voters, as
10applicable 800.
11    (c) Within 90 days after each presidential election, a
12board in a city with more than 500,000 inhabitants shall
13revise and rearrange such precincts on the basis of the votes
14cast at such election, making such precincts to contain, as
15near as practicable: (i) 1,200 registered voters if the
16precinct is located in a county with fewer than 3,000,000
17inhabitants; or (ii) 1,800 registered voters if the precinct
18is located in a county with 3,000,000 or more inhabitants , 400
19actual voters; but at any time in all instances where the vote
20cast at any precinct, at any election, equals 600, there must
21be a rearrangement so as to reduce the vote to the standard of
22400 as near as may be. However, any apartment building in which
23more than 1,200 registered voters or 1,800 registered voters,
24as applicable, 600 registered voters reside may be made a
25single precinct even though the vote in such precinct exceeds
261,200 or 1,800 registered voters, as applicable 600.

 

 

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1    (d) Immediately after the annexation of territory to the
2city, village or incorporated town becomes effective the Board
3of Election Commissioners shall revise and rearrange election
4precincts therein to include such annexed territory.
5    (e) Provided, however, that at any election where but one
6candidate is nominated and is to be voted upon at any election
7held in any political subdivision of a city, village or
8incorporated town, the Board of Election Commissioners shall
9have the power in such political subdivision to determine the
10number of voting precincts to be established in such political
11subdivision at such election, without reference to the number
12of qualified voters therein. The precincts in each ward,
13village or incorporated town shall be numbered from one
14upwards, consecutively, with no omission.
15    (f) The provisions of this Section apply to all precincts,
16including those where voting machines or electronic voting
17systems are used.
18(Source: P.A. 84-1308.)
 
19    (10 ILCS 5/11-4.2)  (from Ch. 46, par. 11-4.2)
20    Sec. 11-4.2. (a) Except as otherwise provided in
21subsection (b) all polling places shall be accessible to
22voters with disabilities and elderly voters, as determined by
23rule of the State Board of Elections, and each polling place
24shall include at least one voting booth that is wheelchair
25accessible.

 

 

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1    (b) Subsection (a) of this Section shall not apply to a
2polling place (1) in the case of an emergency, as determined by
3the State Board of Elections; or (2) if the State Board of
4Elections (A) determines that all potential polling places
5have been surveyed and no such accessible place is available,
6nor is the election authority able to make one accessible; and
7(B) assures that any voter with a disability or elderly voter
8assigned to an inaccessible polling place, upon advance
9request of such voter (pursuant to procedures established by
10rule of the State Board of Elections) will be provided with an
11alternative means for casting a ballot on the day of the
12election or will be assigned to an accessible polling place.
13    (c) No later than December 31 of each even numbered year,
14the State Board of Elections shall report to the General
15Assembly and the Federal Election Commission the number of
16accessible and inaccessible polling places in the State on the
17date of the next preceding general election, and the reasons
18for any instance of inaccessibility.
19(Source: P.A. 99-143, eff. 7-27-15.)
 
20    (10 ILCS 5/11-8)
21    (Section scheduled to be repealed on January 1, 2023)
22    Sec. 11-8. Vote centers.
23    (a) Notwithstanding any law to the contrary, election
24authorities shall establish at least one location to be
25located at an office of the election authority or in the

 

 

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1largest municipality within its jurisdiction where all voters
2in its jurisdiction are allowed to vote on election day during
3polling place hours, regardless of the precinct in which they
4are registered. An election authority establishing such a
5location under this Section shall identify the location, hours
6of operation, and any health and safety requirements by the
740th day preceding the 2022 general primary election and the
82022 general election and certify such to the State Board of
9Elections.
10    (b) This Section is repealed on January 1, 2023.
11(Source: P.A. 102-15, eff. 6-17-21.)
 
12    (10 ILCS 5/19-2)  (from Ch. 46, par. 19-2)
13    Sec. 19-2. Except as otherwise provided in this Code, any
14elector as defined in Section 19-1 may by mail, electronic
15mail, or electronically on the website of the appropriate
16election authority, not more than 90 nor less than 5 days prior
17to the date of such election, or by personal delivery not more
18than 90 nor less than one day prior to the date of such
19election, make application to the county clerk or to the Board
20of Election Commissioners for an official ballot for the
21voter's precinct to be voted at such election, or be added to a
22list of permanent vote by mail status voters who receive an
23official vote by mail ballot for subsequent elections. Such a
24ballot shall be delivered to the elector only upon separate
25application by the elector for each election. Voters who make

 

 

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1an application for permanent vote by mail ballot status shall
2follow the procedures specified in Section 19-3 and may apply
3year round. Voters whose application for permanent vote by
4mail status is accepted by the election authority shall remain
5on the permanent vote by mail list until the voter requests to
6be removed from permanent vote by mail status, the voter
7provides notice to the election authority of a change in
8registration that affects their registration status, or the
9election authority receives confirmation that the voter has
10subsequently registered to vote in another election authority
11jurisdiction county. The URL address at which voters may
12electronically request a vote by mail ballot shall be fixed no
13later than 90 calendar days before an election and shall not be
14changed until after the election. Such a ballot shall be
15delivered to the elector only upon separate application by the
16elector for each election.
17(Source: P.A. 102-15, eff. 6-17-21; revised 7-15-21.)
 
18    (10 ILCS 5/19-2.5)
19    Sec. 19-2.5. Notice for vote by mail ballot. An election
20authority shall notify all qualified voters, not more than 90
21days nor less than 45 days before a general or consolidated
22election, of the option for permanent vote by mail status
23using the following notice and including the application for
24permanent vote by mail status in subsection (b) of Section
2519-3:

 

 

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1    "You may apply to permanently be placed on vote by mail
2status using the attached application.".
3(Source: P.A. 102-15, eff. 6-17-21.)
 
4    (10 ILCS 5/19-6)  (from Ch. 46, par. 19-6)
5    Sec. 19-6. Such vote by mail voter shall make and
6subscribe to the certifications provided for in the
7application and on the return envelope for the ballot, and
8such ballot or ballots shall be folded by such voter in the
9manner required to be folded before depositing the same in the
10ballot box, and be deposited in such envelope and the envelope
11securely sealed. The voter shall then endorse his certificate
12upon the back of the envelope and the envelope shall be mailed
13in person by such voter, postage prepaid, to the election
14authority issuing the ballot or, if more convenient, it may be
15delivered in person, by either the voter or by any person
16authorized by the voter, or by a company licensed as a motor
17carrier of property by the Illinois Commerce Commission under
18the Illinois Commercial Transportation Law, which is engaged
19in the business of making deliveries.
20    Election authorities shall accept any vote by mail ballot
21returned, including ballots returned with insufficient or no
22postage. Election authorities may maintain one or more secure
23collection sites for the postage-free return of vote by mail
24ballots. Any election authority with collection sites shall
25collect all ballots returned each day at close of business and

 

 

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1process them as required by this Code, including noting the
2day on which the ballot was collected returned. Ballots
3returned to such collection sites after close of business
4shall be dated as delivered the next day, with the exception of
5ballots delivered on election day, which shall be dated as
6received on election day. Election authorities shall permit
7electors to return vote by mail ballots at any collection site
8it has established through the close of polls on election day.
9All collection sites shall be secured by locks that may be
10opened only by election authority personnel. The State Board
11of Elections shall establish additional guidelines for the
12security of collection sites.
13     It shall be unlawful for any person not the voter or a
14person authorized by the voter to take the ballot and ballot
15envelope of a voter for deposit into the mail unless the ballot
16has been issued pursuant to application by a physically
17incapacitated elector under Section 3-3 or a hospitalized
18voter under Section 19-13, in which case any employee or
19person under the direction of the facility in which the
20elector or voter is located may deposit the ballot and ballot
21envelope into the mail. If the voter authorized a person to
22deliver the ballot to the election authority, the voter and
23the person authorized to deliver the ballot shall complete the
24authorization printed on the exterior envelope supplied by an
25election authority for the return of the vote by mail ballot.
26The exterior of the envelope supplied by an election authority

 

 

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1for the return of the vote by mail ballot shall include an
2authorization in substantially the following form:
 
3    I ............ (voter) authorize ............... to take
4the necessary steps to have this ballot delivered promptly to
5the office of the election authority.
 
6.......................              ........................
7         Date                           Signature of voter
 
8...............................................
9Printed Name of Authorized Delivery Agent
 
10...............................................
11Signature of Authorized Delivery Agency
 
12...............................................
13Date Delivered to the Election Authority
14(Source: P.A. 102-1, eff. 4-2-21.)
 
15    (10 ILCS 5/11-5 rep.)
16    Section 10. The Election Code is amended by repealing
17Section 11-5.
 
18    Section 15. The Legislative Commission Reorganization Act
19of 1984 is amended by changing Section 9-2.5 as follows:
 

 

 

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1    (25 ILCS 130/9-2.5)
2    Sec. 9-2.5. Newsletters and brochures. The Legislative
3Printing Unit may not print for any member of the General
4Assembly any newsletters or brochures during the period
5beginning February 1 of the year of a general primary
6election, except that in 2022 the period shall begin on May 15,
72022, and ending the day after the general primary election
8and during a period beginning September 1 of the year of a
9general election and ending the day after the general
10election. A member of the General Assembly may not mail,
11during a period beginning February 1 of the year of a general
12primary election and ending the day after the general primary
13election and during a period beginning September 1 of the year
14of a general election and ending the day after the general
15election, any newsletters or brochures that were printed, at
16any time, by the Legislative Printing Unit, except that such a
17newsletter or brochure may be mailed during those times if it
18is mailed to a constituent in response to that constituent's
19inquiry concerning the needs of that constituent or questions
20raised by that constituent.
21(Source: P.A. 95-6, eff. 6-20-07; 96-886, eff. 1-1-11.)
 
22    Section 20. The Counties Code is amended by changing
23Section 2-3004 as follows:
 

 

 

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1    (55 ILCS 5/2-3004)  (from Ch. 34, par. 2-3004)
2    Sec. 2-3004. Failure to complete reapportionment. If any
3county board fails to complete the reapportionment of its
4county by July 1 in 2011 or any 10 years thereafter or by the
5day after the county board's regularly scheduled July meeting
6in 2011 or any 10 years thereafter, or for the reapportionment
7of 2021, by December 31 the third Wednesday in November in the
8year after a federal decennial census year, whichever is
9later, the county clerk of that county shall convene the
10county apportionment commission. Three members of the
11commission shall constitute a quorum, but a majority of all
12the members must vote affirmatively on any determination made
13by the commission. The commission shall adopt rules for its
14procedure.
15    The commission shall develop an apportionment plan for the
16county in the manner provided by Section 2-3003, dividing the
17county into the same number of districts as determined by the
18county board. If the county board has failed to determine the
19size of the county board to be elected, then the number of
20districts and the number of members to be elected shall be the
21largest number to which the county is entitled under Section
222-3002.
23    The commission shall submit its apportionment plan by
24October 1 in the year that it is convened, or for the
25reapportionment of 2021, by February 1, 2022, except that the
26circuit court, for good cause shown, may grant an extension of

 

 

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1time, not exceeding a total of 60 days, within which such a
2plan may be submitted.
3(Source: P.A. 102-15, eff. 6-17-21.)
 
4    Section 25. The Downstate Forest Preserve District Act is
5amended by changing Section 3c and by adding Section 3c-1 as
6follows:
 
7    (70 ILCS 805/3c)
8    Sec. 3c. Elected board of commissioners in certain
9counties. If the boundaries of a district are co-extensive
10with the boundaries of a county having a population of more
11than 800,000 but less than 3,000,000, all commissioners of the
12forest preserve district shall be elected from the number of
13districts as determined by the forest preserve district board
14of commissioners. Such a forest preserve district is a
15separate and distinct legal entity, and its board members are
16elected separate and apart from the elected county
17commissioners. Upon its formation, or as a result of decennial
18reapportionment, such a forest preserve district shall adopt a
19district map determining the boundary lines of each district.
20That map shall be adjusted and reapportioned subject to the
21same decennial reapportionment process stated in Section 3c-1.
22No more than one commissioner shall be elected from each
23district. The the same districts as members of the county
24board beginning with the general election held in 2002 and

 

 

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1each succeeding general election. One commissioner shall be
2elected from each district. At their first meeting after their
3election in 2002 and following each subsequent decennial
4reapportionment of the county under Division 2-3 of the
5Counties Code, the elected commissioners shall publicly by lot
6divide themselves into 2 groups, as equal in size as possible.
7Commissioners from the first group shall serve for terms of 2,
84, and 4 years; and commissioners from the second group shall
9serve terms of 4, 4, and 2 years. Beginning with the general
10election in 2002, the president of the board of commissioners
11of the forest preserve district shall be elected by the voters
12of the county, rather than by the commissioners. The president
13shall be a resident of the county and shall be elected
14throughout the county for a 4-year term without having been
15first elected as commissioner of the forest preserve district.
16Each commissioner shall be a resident of the forest preserve
17county board district from which he or she was elected not
18later than the date of the commencement of the term of office.
19The term of office for the president and commissioners elected
20under this Section shall commence on the first Monday of the
21month following the month of election. Neither a commissioner
22nor the president of the board of commissioners of that forest
23preserve district shall serve simultaneously as member or
24chairman of the county board. No person shall seek election to
25both the forest preserve commission and the county board at
26the same election, nor shall they be eligible to hold both

 

 

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1offices at the same time. The president, with the advice and
2consent of the board of commissioners shall appoint a
3secretary, treasurer, and such other officers as deemed
4necessary by the board of commissioners, which officers need
5not be members of the board of commissioners. The president
6shall have the powers and duties as specified in Section 12 of
7this Act.
8    Candidates for president and commissioner shall be
9candidates of established political parties.
10    If a vacancy in the office of president or commissioner
11occurs, other than by expiration of the president's or
12commissioner's term, the forest preserve district board of
13commissioners shall declare that a vacancy exists and
14notification of the vacancy shall be given to the county
15central committee of each established political party within 3
16business days after the occurrence of the vacancy. If the
17vacancy occurs in the office of forest preserve district
18commissioner, the president of the board of commissioners
19shall, within 60 days after the date of the vacancy, with the
20advice and consent of other commissioners then serving,
21appoint a person to serve for the remainder of the unexpired
22term. The appointee shall be affiliated with the same
23political party as the commissioner in whose office the
24vacancy occurred and be a resident of such district. If a
25vacancy in the office of president occurs, other than by
26expiration of the president's term, the remaining members of

 

 

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1the board of commissioners shall, within 60 days after the
2vacancy, appoint one of the commissioners to serve as
3president for the remainder of the unexpired term. In that
4case, the office of the commissioner who is appointed to serve
5as president shall be deemed vacant and shall be filled within
660 days by appointment of the president with the advice and
7consent of the other forest preserve district commissioners.
8The commissioner who is appointed to fill a vacancy in the
9office of president shall be affiliated with the same
10political party as the person who occupied the office of
11president prior to the vacancy. A person appointed to fill a
12vacancy in the office of president or commissioner shall
13establish his or her party affiliation by his or her record of
14voting in primary elections or by holding or having held an
15office in an established political party organization before
16the appointment. If the appointee has not voted in a party
17primary election or is not holding or has not held an office in
18an established political party organization before the
19appointment, the appointee shall establish his or her
20political party affiliation by his or her record of
21participating in an established political party's nomination
22or election caucus. If, however, more than 28 months remain in
23the unexpired term of a commissioner or the president, the
24appointment shall be until the next general election, at which
25time the vacated office of commissioner or president shall be
26filled by election for the remainder of the term.

 

 

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1Notwithstanding any law to the contrary, if a vacancy occurs
2after the last day provided in Section 7-12 of the Election
3Code for filing nomination papers for the office of president
4of a forest preserve district where that office is elected as
5provided for in this Section, or as set forth in Section 7-61
6of the Election Code, a vacancy in nomination shall be filled
7by the passage of a resolution by the nominating committee of
8the affected political party within the time periods specified
9in the Election Code. The nominating committee shall consist
10of the chairman of the county central committee and the
11township chairmen of the affected political party. All other
12vacancies in nomination shall be filled in accordance with the
13provisions of the Election Code.
14    The president and commissioners elected under this Section
15may be reimbursed for their reasonable expenses actually
16incurred in performing their official duties under this Act in
17accordance with the provisions of Section 3a. The
18reimbursement paid under this Section shall be paid by the
19forest preserve district.
20    Compensation for the president and the forest preserve
21commissioners elected under this Section shall be established
22by the board of commissioners of the forest preserve district.
23    This Section does not apply to a forest preserve district
24created under Section 18.5 of the Conservation District Act.
25(Source: P.A. 94-617, eff. 8-18-05; 94-900, eff. 6-22-06.)
 

 

 

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1    (70 ILCS 805/3c-1 new)
2    Sec. 3c-1. Reapportionment plan for forest preserve
3districts under Section 3c.
4    (a) The Downstate Forest Preserve District board of
5commissioners shall develop an apportionment plan and specify
6the number of districts. Each district shall have one
7commissioner. Each such district:
8        (1) shall be substantially equal in population to each
9    other district; and
10        (2) shall be comprised of contiguous territory, as
11    nearly compact as practicable; and
12        (3) shall be created in such a manner so that no
13    precinct shall be divided between 2 or more districts,
14    insofar as is practicable.
15    (b) The president of the board of commissioners of a
16Downstate Forest Preserve District may develop a reappointment
17plan and that plan, as presented or as amended, shall be
18presented to the board by the third Wednesday in May in the
19year after a federal decennial census year for approval in
20accordance with the provisions of subsection (a) of this
21Section. If the president presents a plan to the board by the
22third Wednesday in May, the board shall conduct at least one
23public hearing to receive comments and to discuss the
24apportionment plan. That hearing shall be held at least 6 days
25but not more than 21 days before the board may consider
26adopting the plan, and the public shall be given notice by

 

 

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1publication in a newspaper of general circulation in the
2district of the hearing at least 6 days in advance of the
3hearing. The president of the board of commissioners shall
4have access to the federal decennial census available to the
5board.
6    (c) For the reapportionment in calendar year 2021, the
7president of the board of commissioners may develop and
8present (or redevelop and represent) to the board by the third
9Wednesday in November of 2021 an apportionment plan. If a plan
10is presented, the Board shall conduct at least one hearing on
11the proposed plan before it may be adopted. That hearing shall
12be held at least 6 days but not more than 21 days before the
13board may consider adopting the plan, and the public shall be
14given notice by publication in a newspaper of general
15circulation in the district of the hearing at least 6 days in
16advance of the hearing.
17    (d) After each decennial census, the Downstate Forest
18Preserve District board is not obligated to reapportion the
19districts if existing districts are within a 10% population
20deviation from each other based on the results of the
21decennial census.
22    (e) As used in this Section, "Downstate Forest Preserve
23District" means a district described in Section 3c.
 
24    Section 30. The Circuit Courts Act is amended by changing
25Sections 2f, 2f-2, 2f-4, 2f-5, 2f-6, and 2f-9 as follows:
 

 

 

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1    (705 ILCS 35/2f)  (from Ch. 37, par. 72.2f)
2    Sec. 2f. (a) The Circuit of Cook County shall be divided
3into 15 units to be known as subcircuits. The subcircuits
4shall be compact, contiguous, and substantially equal in
5population. The General Assembly shall create the subcircuits
6by law on or before July 1, 1991, using population data as
7determined by the 1990 Federal census.
8    (a-5) In 2022 In 2021, the General Assembly shall redraw
9the boundaries of the subcircuits to reflect the results of
10the 2020 federal decennial census. The General Assembly shall
11redraw the subcircuit boundaries after every federal decennial
12census. The subcircuits shall be compact, contiguous, and
13substantially equal in population. In accordance with
14subsection (d), a resident judgeship assigned to a subcircuit
15shall continue to be assigned to that subcircuit. Any vacancy
16in a resident judgeship existing on or occurring after the
17effective date of a law redrawing the boundaries of the
18subcircuits shall be filled by a resident of the redrawn
19subcircuit.
20    (b) The 165 resident judges to be elected from the Circuit
21of Cook County shall be determined under paragraph (4) of
22subsection (a) of Section 2 of the Judicial Vacancies Act.
23    (c) The Supreme Court shall allot (i) the additional
24resident judgeships provided by paragraph (4) of subsection
25(a) of Section 2 of the Judicial Vacancies Act and (ii) all

 

 

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1vacancies in resident judgeships existing on or occurring on
2or after the effective date of this amendatory Act of 1990,
3with respect to the other resident judgeships of the Circuit
4of Cook County, for election from the various subcircuits
5until there are 11 resident judges to be elected from each of
6the 15 subcircuits (for a total of 165). A resident judgeship
7authorized before the effective date of this amendatory Act of
81990 that became vacant and was filled by appointment by the
9Supreme Court before that effective date shall be filled by
10election at the general election in November of 1992 from the
11unit of the Circuit of Cook County within Chicago or the unit
12of that Circuit outside Chicago, as the case may be, in which
13the vacancy occurred.
14    (d) As soon as practicable after the subcircuits are
15created by law, the Supreme Court shall determine by lot a
16numerical order for the 15 subcircuits. That numerical order
17shall be the basis for the order in which resident judgeships
18are assigned to the subcircuits. After the first round of
19assignments, the second and all later rounds shall be based on
20the same numerical order. Once a resident judgeship is
21assigned to a subcircuit, it shall continue to be assigned to
22that subcircuit for all purposes.
23    (e) A resident judge elected from a subcircuit shall
24continue to reside in that subcircuit as long as he or she
25holds that office. A resident judge elected from a subcircuit
26after January 1, 2008, must retain residency as a registered

 

 

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1voter in the subcircuit to run for retention from the circuit
2at large thereafter.
3(Source: P.A. 101-477, eff. 6-1-20.)
 
4    (705 ILCS 35/2f-2)
5    Sec. 2f-2. 19th judicial circuit; subcircuits; additional
6judges.
7    (a) Prior to the boundaries of the subcircuits being
8redrawn under subsection (a-3), the 19th circuit shall be
9divided into 6 subcircuits. The subcircuits shall be compact,
10contiguous, and substantially equal in population. The General
11Assembly by law shall create the subcircuits, using population
12data as determined by the 2000 federal census, and shall
13determine a numerical order for the 6 subcircuits. That
14numerical order shall be the basis for the order in which
15resident judgeships are assigned to the subcircuits. The 6
16resident judgeships to be assigned that are not added by or
17converted from at-large judgeships as provided in this
18amendatory Act of the 96th General Assembly shall be assigned
19to the 1st, 2nd, 3rd, 4th, 5th, and 6th subcircuits, in that
20order. The 6 resident judgeships to be assigned that are added
21by or converted from at-large judgeships as provided in this
22amendatory Act of the 96th General Assembly shall be assigned
23to the 6th, 5th, 4th, 3rd, 2nd, and 1st subcircuits, in that
24order. Once a resident judgeship is assigned to a subcircuit,
25it shall continue to be assigned to that subcircuit for all

 

 

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1purposes.
2    (a-3) In 2022 In 2021, the General Assembly shall redraw
3the boundaries of the subcircuits to reflect the results of
4the 2020 federal decennial census and divide the 19th circuit
5into at least 10 subcircuits. The General Assembly shall
6redraw the subcircuit boundaries after every federal decennial
7census. The subcircuits shall be compact, contiguous, and
8substantially equal in population. Upon the division of
9subcircuits pursuant to this Section: (i) each resident
10judgeship shall be assigned to the newly drawn subcircuit in
11which the judge of the resident judgeship in question resides;
12and (ii) each at-large judgeship shall be converted to a
13resident judgeship and assigned to the subcircuit in which the
14judge of the converted judgeship in question resides. Once a
15resident judgeship is assigned to a subcircuit or an at-large
16judgeship is converted to a resident judgeship and assigned to
17a subcircuit, it shall be assigned to that subcircuit for all
18purposes. Any vacancy in a resident judgeship existing on or
19occurring after the effective date of a law redrawing the
20boundaries of the subcircuits shall be filled by a resident of
21the redrawn subcircuit. When a vacancy occurs in a resident
22judgeship, the resident judgeship shall be allotted by the
23Supreme Court under subsection (c) and filled by election.
24Notwithstanding the preceding 2 sentences, the resident
25judgeship shall not be allotted by the Supreme Court and
26filled by election if, after the vacancy arises, there are

 

 

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1still 2 or more nonvacant resident judgeships in the
2subcircuit of the vacant resident judgeship in question.
3    (a-5) Of the at-large judgeships of the 19th judicial
4circuit, the first 3 that are or become vacant on or after the
5effective date of this amendatory Act of the 96th General
6Assembly shall become resident judgeships of the 19th judicial
7circuit to be allotted by the Supreme Court under subsection
8(c) and filled by election, except that the Supreme Court may
9fill those judgeships by appointment for any remainder of a
10vacated term until the resident judgeships are filled
11initially by election. As used in this subsection, a vacancy
12does not include the expiration of a term of an at-large judge
13who seeks retention in that office at the next term.
14    (a-10) The 19th judicial circuit shall have 3 additional
15resident judgeships to be allotted by the Supreme Court under
16subsection (c). One of the additional resident judgeships
17shall be filled by election beginning at the 2010 general
18election. Two of the additional resident judgeships shall be
19filled by election beginning at the 2012 general election.
20    (a-15) The 19th judicial circuit shall have additional
21resident judgeships as provided by subsection (a-3) to be
22allotted by the Supreme Court under subsection (c). The
23resident judgeships shall be allotted by the Supreme Court in
24numerical order as provided by the General Assembly upon the
25redrawing of boundaries and the division of subcircuits
26pursuant to subsection (a-3). Two additional resident

 

 

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1judgeships allotted by the Supreme Court pursuant to this
2subsection, in numerical order as provided by the General
3Assembly, shall be filled by election beginning at the 2022
4general election. The remainder of the additional resident
5judgeships shall be filled by election at the 2024 election.
6    (a-20) In addition to the 2 judgeships filled by election
7at the 2022 election as provided by subsection (a-15), any
8judgeship that became vacant after January 1, 2020 and on the
9effective date of this amendatory Act of the 102nd General
10Assembly is held by an individual appointed by the Supreme
11Court also shall be filled by election at the 2022 general
12election. This subsection is subject to the requirement of
13subsection (a-3) that no judgeship shall be allotted by the
14Supreme Court and filled by election if, after the vacancy
15arises, there are still 2 or more nonvacant resident
16judgeships in the subcircuit of the vacant resident judgeship
17in question.
18    (b) The 19th circuit shall have a total of 12 resident
19judgeships (6 resident judgeships existing on the effective
20date of this amendatory Act of the 96th General Assembly, 3
21formerly at-large judgeships as provided in subsection (a-5),
22and 3 resident judgeships added by subsection (a-10)). The
23number of resident judgeships allotted to subcircuits of the
2419th judicial circuit pursuant to this Section shall
25constitute all the resident judgeships of the 19th judicial
26circuit.

 

 

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1    (c) The Supreme Court shall allot (i) all vacancies in
2resident judgeships of the 19th circuit existing on or
3occurring on or after the effective date of this amendatory
4Act of the 93rd General Assembly and not filled at the 2004
5general election, (ii) the resident judgeships of the 19th
6circuit filled at the 2004 general election as those
7judgeships thereafter become vacant, (iii) the 3 formerly
8at-large judgeships described in subsection (a-5) as they
9become available, (iv) the 3 resident judgeships added by
10subsection (a-10), and (v) the additional resident judgeships
11provided for by subsection (a-3), for election from the
12various subcircuits until there are 2 resident judges to be
13elected from each subcircuit. No resident judge of the 19th
14circuit serving on the effective date of this amendatory Act
15of the 93rd General Assembly shall be required to change his or
16her residency in order to continue serving in office or to seek
17retention in office as resident judgeships are allotted by the
18Supreme Court in accordance with this Section.
19    (d) A resident judge elected from a subcircuit shall
20continue to reside in that subcircuit as long as he or she
21holds that office. A resident judge elected from a subcircuit
22after January 1, 2008, must retain residency as a registered
23voter in the subcircuit to run for retention from the circuit
24at-large thereafter.
25    (e) Vacancies in resident judgeships of the 19th circuit
26shall be filled in the manner provided in Article VI of the

 

 

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1Illinois Constitution.
2(Source: P.A. 101-477, eff. 6-1-20; 102-380, eff. 8-13-21.)
 
3    (705 ILCS 35/2f-4)
4    Sec. 2f-4. 12th circuit; subcircuits; additional judges.
5    (a) The 12th circuit shall be divided into 5 subcircuits.
6The subcircuits shall be compact, contiguous, and
7substantially equal in population. The General Assembly by law
8shall create the subcircuits, using population data as
9determined by the 2000 federal census, and shall determine a
10numerical order for the 5 subcircuits. That numerical order
11shall be the basis for the order in which resident judgeships
12are assigned to the subcircuits. The 5 resident judgeships to
13be assigned after the effective date of this amendatory Act of
14the 96th General Assembly shall be assigned to the 3rd, 4th,
155th, 1st, and 2nd subcircuits, in that order. Once a resident
16judgeship is assigned to a subcircuit, it shall continue to be
17assigned to that subcircuit for all purposes.
18    (a-5) In 2022 In 2021, the General Assembly shall redraw
19the boundaries of the subcircuits to reflect the results of
20the 2020 federal decennial census. The General Assembly shall
21redraw the subcircuit boundaries after every federal decennial
22census. The subcircuits shall be compact, contiguous, and
23substantially equal in population. In accordance with
24subsection (a), a resident judgeship assigned to a subcircuit
25shall continue to be assigned to that subcircuit. Any vacancy

 

 

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1in a resident judgeship existing on or occurring after the
2effective date of a law redrawing the boundaries of the
3subcircuits shall be filled by a resident of the redrawn
4subcircuit.
5    (a-10) The first vacancy in the 12th judicial circuit's 10
6existing circuit judgeships (8 at large and 2 resident), but
7not in the additional judgeships described in subsections (b)
8and (b-5), that exists on or after the effective date of this
9amendatory Act of the 94th General Assembly shall not be
10filled, by appointment or election, and that judgeship is
11eliminated. Of the 12th judicial circuit's 10 existing circuit
12judgeships (8 at large and 2 resident), but not the additional
13judgeships described in subsections (b) and (b-5), the second
14to be vacant or become vacant on or after the effective date of
15this amendatory Act of the 94th General Assembly shall be
16allotted as a 12th circuit resident judgeship under subsection
17(c).
18    (a-15) Of the at large judgeships of the 12th judicial
19circuit not affected by subsection (a-10), the first 2 that
20are or become vacant on or after the effective date of this
21amendatory Act of the 96th General Assembly shall become
22resident judgeships of the 12th judicial circuit to be
23allotted by the Supreme Court under subsection (c) and filled
24by election, except that the Supreme Court may fill those
25judgeships by appointment for any remainder of a vacated term
26until the resident judgeships are filled initially by

 

 

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1election.
2    (a-20) As used in subsections (a-10) and (a-15), a vacancy
3does not include the expiration of a term of an at large or
4resident judge who seeks retention in that office at the next
5term.
6    (b) The 12th circuit shall have 6 additional resident
7judgeships, as well as its existing resident judgeship as
8established in subsection (a-10), and existing at large
9judgeships, for a total of 15 judgeships available to be
10allotted under subsection (c) to the 10 subcircuit resident
11judgeships. The additional resident judgeship created by
12Public Act 93-541 shall be filled by election beginning at the
13general election in 2006. The 2 additional resident judgeships
14created by this amendatory Act of 2004 shall be filled by
15election beginning at the general election in 2008. The
16additional resident judgeships created by this amendatory Act
17of the 96th General Assembly shall be filled by election
18beginning at the general election in 2010. After the
19subcircuits are created by law, the Supreme Court may fill by
20appointment the additional resident judgeships created by
21Public Act 93-541, this amendatory Act of 2004, and this
22amendatory Act of the 96th General Assembly until the 2006,
232008, or 2010 general election, as the case may be.
24    (b-5) In addition to the number of circuit judges and
25resident judges otherwise authorized by law, and
26notwithstanding any other provision of law, beginning on April

 

 

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11, 2006 there shall be one additional resident judge who is a
2resident of and elected from the fourth judicial subcircuit of
3the 12th judicial circuit. That additional resident judgeship
4may be filled by appointment by the Supreme Court until filled
5by election at the general election in 2008, regardless of
6whether the judgeships for subcircuits 1, 2, and 3 have been
7filled.
8    (c) The Supreme Court shall allot (i) the additional
9resident judgeships of the 12th circuit created by Public Act
1093-541, this amendatory Act of 2004, and this amendatory Act
11of the 96th General Assembly, (ii) the second vacancy in the at
12large and resident judgeships of the 12th circuit as provided
13in subsection (a-10), and (iii) the 2 formerly at large
14judgeships described in subsection (a-15) as they become
15available, for election from the various subcircuits until,
16with the additional judge of the fourth subcircuit described
17in subsection (b-5), there are 2 resident judges to be elected
18from each subcircuit. No at large or resident judge of the 12th
19circuit serving on August 18, 2003 shall be required to change
20his or her residency in order to continue serving in office or
21to seek retention in office as at large or resident judgeships
22are allotted by the Supreme Court in accordance with this
23Section.
24    (d) A resident judge elected from a subcircuit shall
25continue to reside in that subcircuit as long as he or she
26holds that office. A resident judge elected from a subcircuit

 

 

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1after January 1, 2008, must retain residency as a registered
2voter in the subcircuit to run for retention from the circuit
3at large thereafter.
4    (e) Vacancies in resident judgeships of the 12th circuit
5shall be filled in the manner provided in Article VI of the
6Illinois Constitution, except as otherwise provided in this
7Section.
8(Source: P.A. 101-477, eff. 6-1-20.)
 
9    (705 ILCS 35/2f-5)
10    Sec. 2f-5. 22nd circuit; subcircuits; additional resident
11judgeship.
12    (a) The 22nd circuit shall be divided into 4 subcircuits.
13The subcircuits shall be compact, contiguous, and
14substantially equal in population. The General Assembly by law
15shall create the subcircuits, using population data as
16determined by the 2000 federal census, and shall determine a
17numerical order for the 4 subcircuits. That numerical order
18shall be the basis for the order in which resident judgeships
19are assigned to the subcircuits. Once a resident judgeship is
20assigned to a subcircuit, it shall continue to be assigned to
21that subcircuit for all purposes.
22    (a-5) In 2022 In 2021, the General Assembly shall redraw
23the boundaries of the subcircuits to reflect the results of
24the 2020 federal decennial census. The General Assembly shall
25redraw the subcircuit boundaries after every federal decennial

 

 

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1census. The subcircuits shall be compact, contiguous, and
2substantially equal in population. In accordance with
3subsection (a), a resident judgeship assigned to a subcircuit
4shall continue to be assigned to that subcircuit. Any vacancy
5in a resident judgeship existing on or occurring after the
6effective date of a law redrawing the boundaries of the
7subcircuits shall be filled by a resident of the redrawn
8subcircuit.
9    (b) Other than the resident judgeship added by this
10amendatory Act of the 96th General Assembly, the 22nd circuit
11shall have one additional resident judgeship, as well as its 3
12existing resident judgeships, for a total of 4 resident
13judgeships to be allotted to the 4 subcircuit resident
14judgeships. The additional resident judgeship created by this
15amendatory Act of the 93rd General Assembly shall be filled by
16election beginning at the general election in 2006 and shall
17not be filled by appointment before the general election in
182006. The number of resident judgeships allotted to
19subcircuits of the 22nd judicial circuit pursuant to this
20Section, and the resident judgeship added by this amendatory
21Act of the 96th General Assembly, shall constitute all the
22resident judgeships of the 22nd judicial circuit.
23    (c) The Supreme Court shall allot (i) all eligible
24vacancies in resident judgeships of the 22nd circuit existing
25on or occurring on or after August 18, 2003 and not filled at
26the 2004 general election, (ii) the resident judgeships of the

 

 

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122nd circuit filled at the 2004 general election as those
2judgeships thereafter become vacant, and (iii) the additional
3resident judgeship of the 22nd circuit created by this
4amendatory Act of the 93rd General Assembly, for election from
5the various subcircuits until there is one resident judge to
6be elected from each subcircuit. No resident judge of the 22nd
7circuit serving on August 18, 2003 shall be required to change
8his or her residency in order to continue serving in office or
9to seek retention in office as resident judgeships are
10allotted by the Supreme Court in accordance with this Section.
11    (d) A resident judge elected from a subcircuit shall
12continue to reside in that subcircuit as long as he or she
13holds that office. A resident judge elected from a subcircuit
14after January 1, 2008, must retain residency as a registered
15voter in the subcircuit to run for retention from the circuit
16at large thereafter.
17    (e) Vacancies in resident judgeships of the 22nd circuit
18shall be filled in the manner provided in Article VI of the
19Illinois Constitution.
20(Source: P.A. 101-477, eff. 6-1-20.)
 
21    (705 ILCS 35/2f-6)
22    Sec. 2f-6. 17th judicial circuit; subcircuits.
23    (a) The 17th circuit shall be divided into 4 subcircuits.
24The subcircuits shall be compact, contiguous, and
25substantially equal in population. The General Assembly by law

 

 

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1shall create the subcircuits, using population data as
2determined by the 2000 federal census, and shall determine a
3numerical order for the 4 subcircuits. That numerical order
4shall be the basis for the order in which resident judgeships
5are assigned to the subcircuits. Once a resident judgeship is
6assigned to a subcircuit, it shall continue to be assigned to
7that subcircuit for all purposes.
8    (a-5) In 2022 In 2021, the General Assembly shall redraw
9the boundaries of the subcircuits to reflect the results of
10the 2020 federal decennial census. The General Assembly shall
11redraw the subcircuit boundaries after every federal decennial
12census. The subcircuits shall be compact, contiguous, and
13substantially equal in population. In accordance with
14subsection (a), a resident judgeship assigned to a subcircuit
15shall continue to be assigned to that subcircuit. Any vacancy
16in a resident judgeship existing on or occurring after the
17effective date of a law redrawing the boundaries of the
18subcircuits shall be filled by a resident of the redrawn
19subcircuit.
20    (a-10) Of the 17th circuit's 9 circuit judgeships existing
21on April 7, 2005 (6 at large and 3 resident), but not including
22the one resident judgeship added by this amendatory Act of the
2396th General Assembly, the 3 resident judgeships shall be
24allotted as 17th circuit resident judgeships under subsection
25(c) as those resident judgeships are or become vacant on or
26after the effective date of this amendatory Act of the 93rd

 

 

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1General Assembly. Of the 17th circuit's associate judgeships,
2the first associate judgeship that is or becomes vacant on or
3after the effective date of this amendatory Act of the 93rd
4General Assembly shall become a resident judgeship of the 17th
5circuit to be allotted by the Supreme Court under subsection
6(c) as a resident subcircuit judgeship. These resident
7judgeships, and the one resident judgeship added by this
8amendatory Act of the 96th General Assembly, shall constitute
9all of the resident judgeships of the 17th circuit. As used in
10this subsection, a vacancy does not include the expiration of
11a term of a resident judge who seeks retention in that office
12at the next term. A vacancy does not exist or occur at the
13expiration of an associate judge's term if the associate judge
14is reappointed.
15    (b) The 17th circuit shall have a total of 4 judgeships (3
16resident judgeships existing on April 7, 2005 and one
17associate judgeship), but not including the one resident
18judgeship added by this amendatory Act of the 96th General
19Assembly, available to be allotted to the 4 subcircuit
20resident judgeships.
21    (c) The Supreme Court shall allot (i) the 3 resident
22judgeships of the 17th circuit existing on April 7, 2005 as
23they are or become vacant as provided in subsection (a-10) and
24(ii) the one associate judgeship converted into a resident
25judgeship of the 17th circuit as it is or becomes vacant as
26provided in subsection (a-10), for election from the various

 

 

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1subcircuits until there is one resident judge to be elected
2from each subcircuit. No resident or associate judge of the
317th circuit serving on the effective date of this amendatory
4Act of the 93rd General Assembly shall be required to change
5his or her residency in order to continue serving in office or
6to seek retention or reappointment in office as resident
7judgeships are allotted by the Supreme Court in accordance
8with this Section.
9    (d) A resident judge elected from a subcircuit shall
10continue to reside in that subcircuit as long as he or she
11holds that office. A resident judge elected from a subcircuit
12after January 1, 2008, must retain residency as a registered
13voter in the subcircuit to run for retention from the circuit
14at large thereafter.
15    (e) Vacancies in resident judgeships of the 17th circuit
16shall be filled in the manner provided in Article VI of the
17Illinois Constitution.
18(Source: P.A. 101-477, eff. 6-1-20.)
 
19    (705 ILCS 35/2f-9)
20    Sec. 2f-9. 16th judicial circuit; subcircuits.
21    (a) The 16th circuit shall be divided into 4 subcircuits.
22Subcircuits 1, 2, and 4 of the 16th circuit in existence on
23April 15, 2011 shall continue to use their established
24boundaries in the new 16th circuit as of December 3, 2012.
25Subcircuit 3 in existence on April 15, 2011 shall continue to

 

 

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1use its established boundary until December 3, 2012. For a
2judge elected to subcircuit 3 as of April 15, 2011, the current
3boundaries in existence as of April 15, 2011 shall continue
4until the conclusion of the existing term of office, following
5the 2012 general election, and upon the conclusion of the
6existing term of office, the new boundary shall go into
7effect. The new boundary for subcircuit 3 shall contain and be
8made up of the following townships in the County of Kane,
9excluding the portions of the townships currently served by
10subcircuit 1, 2, or 4: Aurora, Blackberry, Big Rock,
11Burlington, Campton, Dundee, Elgin, Hampshire, Kaneville,
12Plato, Rutland, Sugar Grove, and Virgil. The subcircuits shall
13be compact, contiguous, and substantially equal in population.
14The General Assembly by law shall create the subcircuits,
15using population data as determined by the 2000 federal
16census, and shall determine a numerical order for the 4
17subcircuits. That numerical order shall be the basis for the
18order in which resident judgeships are assigned to the
19subcircuits. Once a resident judgeship is assigned to a
20subcircuit, it shall continue to be assigned to that
21subcircuit for all purposes.
22    (a-5) In 2022 In 2021, the General Assembly shall redraw
23the boundaries of the subcircuits to reflect the results of
24the 2020 federal decennial census. The General Assembly shall
25redraw the subcircuit boundaries after every federal decennial
26census. The subcircuits shall be compact, contiguous, and

 

 

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1substantially equal in population. In accordance with
2subsection (a), a resident judgeship assigned to a subcircuit
3shall continue to be assigned to that subcircuit. Any vacancy
4in a resident judgeship existing on or occurring after the
5effective date of a law redrawing the boundaries of the
6subcircuits shall be filled by a resident of the redrawn
7subcircuit.
8    (b) (Blank).
9    (c) No resident judge of the 16th circuit serving on the
10effective date of this amendatory Act of the 93rd General
11Assembly shall be required to change his or her residency in
12order to continue serving in office or to seek retention in
13office as judgeships are allotted by the Supreme Court in
14accordance with this Section. No resident judge elected from a
15subcircuit serving on the effective date of this amendatory
16Act of the 97th General Assembly shall be required to change
17his or her residency in order to continue serving in or to seek
18retention in office until the 2012 general election, or until
19the conclusion of the existing term.
20    (d) A resident judge elected from a subcircuit shall
21continue to reside in that subcircuit as long as he or she
22holds that office. A resident judge elected from a subcircuit
23after January 1, 2008, must retain residency as a registered
24voter in the subcircuit to run for retention from the circuit
25at large thereafter. A resident judge elected from a
26subcircuit after January 1, 2011, must retain residency as a

 

 

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1registered voter in the subcircuit to run for retention from
2the circuit at large thereafter.
3    (e) Vacancies in resident judgeships of the 16th circuit
4shall be filled in the manner provided in Article VI of the
5Illinois Constitution.
6(Source: P.A. 101-477, eff. 6-1-20.)
 
7    Section 95. No acceleration or delay. Where this Act makes
8changes in a statute that is represented in this Act by text
9that is not yet or no longer in effect (for example, a Section
10represented by multiple versions), the use of that text does
11not accelerate or delay the taking effect of (i) the changes
12made by this Act or (ii) provisions derived from any other
13Public Act.
 
14    Section 97. Severability. The provisions of this Act are
15severable under Section 1.31 of the Statute on Statutes.
 
16    Section 99. Effective date. This Act takes effect upon
17becoming law.".