Full Text of HB0105 98th General Assembly
HB0105enr 98TH GENERAL ASSEMBLY |
| | HB0105 Enrolled | | LRB098 02624 KMW 32629 b |
|
| 1 | | AN ACT concerning elections.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 1. Short title. This Act may be cited as the | 5 | | Minimum Wage Increase Referendum Act. | 6 | | Section 5. Referendum. The State Board of Elections shall | 7 | | cause a statewide advisory public question to be submitted to | 8 | | the voters at the general election to be held on November 4, | 9 | | 2014. The question shall appear in the following form: | 10 | | "Shall the minimum wage in Illinois for adults over the age | 11 | | of 18 be raised to $10 per hour by January 1, 2015?"
| 12 | | The votes on the question shall be recorded as "Yes" or "No".
| 13 | | Section 10. Certification. The State Board of Elections | 14 | | shall immediately certify the question to be submitted to the | 15 | | voters of the entire State under Section 5 to each election | 16 | | authority in Illinois.
| 17 | | Section 15. Conflicts. If any provision of this Act | 18 | | conflicts with any other law, this Act controls.
| 19 | | Section 90. Repeal. This Act is repealed on January 1, | 20 | | 2015.
|
| | | HB0105 Enrolled | - 2 - | LRB098 02624 KMW 32629 b |
|
| 1 | | Section 900. The Election Code is amended by changing | 2 | | Sections 1-12, 4-50, 5-50, 6-100, 9-9.5, 10-6, 10-8, 10-10, | 3 | | 11-6, 13-2.5, 14-4.5, 18A-5, 18A-15, 19-2, 19A-10, 19A-15, and | 4 | | 19A-35 as follows: | 5 | | (10 ILCS 5/1-12) | 6 | | Sec. 1-12. Public university voting. | 7 | | (a) Each appropriate election authority shall, in addition | 8 | | to the early voting conducted at locations otherwise required | 9 | | by law, conduct early voting in a high traffic location on the | 10 | | campus of a public university within the election authority's | 11 | | jurisdiction. For the purposes of this Section, "public | 12 | | university" means the University of Illinois at its campuses in | 13 | | Urbana-Champaign and Springfield, Southern Illinois University | 14 | | at its campuses in Carbondale and Edwardsville, Eastern | 15 | | Illinois University, Illinois State University, Northern | 16 | | Illinois University, and Western Illinois University at its | 17 | | campuses in Macomb and Moline. The voting required by this | 18 | | subsection (a) Section to be conducted on campus must be | 19 | | conducted as otherwise required by Article 19A of this Code. If | 20 | | an election authority has voting equipment that can accommodate | 21 | | a ballot in every form required in the election authority's | 22 | | jurisdiction, then the election authority shall extend early | 23 | | voting under this Section to any registered voter in the | 24 | | election authority's jurisdiction. However, if the election |
| | | HB0105 Enrolled | - 3 - | LRB098 02624 KMW 32629 b |
|
| 1 | | authority does not have voting equipment that can accommodate a | 2 | | ballot in every form required in the election authority's | 3 | | jurisdiction, then the election authority may limit early | 4 | | voting under this Section to registered voters in precincts | 5 | | where the public university is located and precincts bordering | 6 | | the university. Each public university shall make the space | 7 | | available in a high traffic area for, and cooperate and | 8 | | coordinate with the appropriate election authority in, the | 9 | | implementation of this subsection (a). Section.
| 10 | | (b) Each appropriate election authority shall, in addition | 11 | | to the voting conducted at locations otherwise required by law, | 12 | | conduct in-person absentee voting on election day in a | 13 | | high-traffic location on the campus of a public university | 14 | | within the election authority's jurisdiction. The procedures | 15 | | for conducting in-person absentee voting at a site established | 16 | | pursuant to this subsection (b) shall, to the extent | 17 | | practicable, be the same procedures required by Article 19 of | 18 | | this Code for in-person absentee ballots. The election | 19 | | authority may limit in-person absentee voting under this | 20 | | subsection (b) to registered voters in precincts where the | 21 | | public university is located and precincts bordering the | 22 | | university. The election authority shall have voting equipment | 23 | | and ballots necessary to accommodate registered voters who may | 24 | | cast an in-person absentee ballot at a site established | 25 | | pursuant to this subsection (b). Each public university shall | 26 | | make the space available in a high-traffic area for, and |
| | | HB0105 Enrolled | - 4 - | LRB098 02624 KMW 32629 b |
|
| 1 | | cooperate and coordinate with the appropriate election | 2 | | authority in, the implementation of this subsection (b). | 3 | | (c) For the purposes of this Section, "public university" | 4 | | means the University of Illinois at its campuses in | 5 | | Urbana-Champaign and Springfield, Southern Illinois University | 6 | | at its campuses in Carbondale and Edwardsville, Eastern | 7 | | Illinois University, Illinois State University, Northern | 8 | | Illinois University, and Western Illinois University at its | 9 | | campuses in Macomb and Moline. | 10 | | (Source: P.A. 98-115, eff. 7-29-13.) | 11 | | (10 ILCS 5/4-50) | 12 | | Sec. 4-50. Grace period. Notwithstanding any other | 13 | | provision of this
Code to the contrary, each election authority | 14 | | shall
establish procedures for the registration of voters and | 15 | | for change of address during the period from the close of
| 16 | | registration for a primary or election and until the 3rd day | 17 | | before the
primary or election , except that during the 2014 | 18 | | general election the period shall extend until the polls close | 19 | | on election day . During this grace period, an unregistered | 20 | | qualified
elector may
register to vote, and a registered voter | 21 | | may submit a change of address form, in person in the office of | 22 | | the election
authority or at a voter registration location | 23 | | specifically designated for this
purpose by the election | 24 | | authority. During the 2014 general election, an unregistered | 25 | | qualified elector may register to vote, and a registered voter |
| | | HB0105 Enrolled | - 5 - | LRB098 02624 KMW 32629 b |
|
| 1 | | may submit a change of address form, in person at any permanent | 2 | | polling place for early voting established under Section 19A-10 | 3 | | through election day. The election authority shall
register | 4 | | that individual, or change a registered voter's address, in the | 5 | | same manner as otherwise provided by this Article for | 6 | | registration and change of address. | 7 | | If a voter who registers or changes address during this | 8 | | grace period wishes to vote at the first election or primary | 9 | | occurring after the grace period, he or she must do so by grace | 10 | | period voting. The election authority shall offer in-person | 11 | | grace period voting at the authority's office and any permanent | 12 | | polling place where grace period registration is required by | 13 | | this Section; and may offer in-person grace period voting at | 14 | | additional locations specifically designated for the purpose | 15 | | of grace period voting by the election authority. The election | 16 | | authority may allow grace period voting by mail only if the | 17 | | election authority has no ballots prepared at the authority's | 18 | | office. Grace period voting shall be in a manner substantially | 19 | | similar to voting under Article 19. | 20 | | Within one day after a voter casts a grace period ballot, | 21 | | or within one day after the ballot is received by the election | 22 | | authority if the election authority allows grace period voting | 23 | | by mail, the election authority shall transmit by electronic | 24 | | means pursuant to a process established by the State Board of | 25 | | Elections the voter's name, street address, e-mail address, and | 26 | | precinct, ward, township, and district numbers, as the case may |
| | | HB0105 Enrolled | - 6 - | LRB098 02624 KMW 32629 b |
|
| 1 | | be, to the State Board of Elections, which shall maintain those | 2 | | names and that information in an electronic format on its | 3 | | website, arranged by county and accessible to State and local | 4 | | political committees. The name of each person issued a grace | 5 | | period ballot shall also be placed on the appropriate precinct | 6 | | list of persons to whom absentee and early ballots have been | 7 | | issued, for use as provided in Sections 17-9 and 18-5. | 8 | | A person who casts a grace period ballot shall not be | 9 | | permitted to revoke that ballot and vote another ballot with | 10 | | respect to that primary or election. Ballots cast by persons | 11 | | who register or change address during the grace period must be | 12 | | transmitted to and counted at the election authority's central | 13 | | ballot counting location and shall not be transmitted to and | 14 | | counted at precinct polling places.
The grace period ballots | 15 | | determined to be valid shall be added to the vote totals for | 16 | | the precincts for which they were cast in the order in which | 17 | | the ballots were opened.
| 18 | | (Source: P.A. 97-766, eff. 7-6-12; 98-115, eff. 7-29-13.) | 19 | | (10 ILCS 5/5-50) | 20 | | Sec. 5-50. Grace period. Notwithstanding any other | 21 | | provision of this
Code to the contrary, each election authority | 22 | | shall
establish procedures for the registration of voters and | 23 | | for change of address during the period from the close of
| 24 | | registration for a primary or election and until the 3rd day | 25 | | before the
primary or election , except that during the 2014 |
| | | HB0105 Enrolled | - 7 - | LRB098 02624 KMW 32629 b |
|
| 1 | | general election the period shall extend until the polls close | 2 | | on election day . During this grace period, an unregistered | 3 | | qualified
elector may
register to vote, and a registered voter | 4 | | may submit a change of address form, in person in the office of | 5 | | the election
authority or at a voter registration location | 6 | | specifically designated for this
purpose by the election | 7 | | authority. During the 2014 general election, an unregistered | 8 | | qualified elector may register to vote, and a registered voter | 9 | | may submit a change of address form, in person at any permanent | 10 | | polling place for early voting established pursuant to Section | 11 | | 19A-10 through election day. The election authority shall
| 12 | | register that individual, or change a registered voter's | 13 | | address, in the same manner as otherwise provided by this | 14 | | Article for registration and change of address. | 15 | | If a voter who registers or changes address during this | 16 | | grace period wishes to vote at the first election or primary | 17 | | occurring after the grace period, he or she must do so by grace | 18 | | period voting. The election authority shall offer in-person | 19 | | grace period voting at his or her office and any permanent | 20 | | polling place where grace period registration is required by | 21 | | this Section; and may offer in-person grace period voting at | 22 | | additional locations specifically designated for the purpose | 23 | | of grace period voting by the election authority. The election | 24 | | authority may allow grace period voting by mail only if the | 25 | | election authority has no ballots prepared at the authority's | 26 | | office. Grace period voting shall be in a manner substantially |
| | | HB0105 Enrolled | - 8 - | LRB098 02624 KMW 32629 b |
|
| 1 | | similar to voting under Article 19. | 2 | | Within one day after a voter casts a grace period ballot, | 3 | | or within one day after the ballot is received by the election | 4 | | authority if the election authority allows grace period voting | 5 | | by mail, the election authority shall transmit by electronic | 6 | | means pursuant to a process established by the State Board of | 7 | | Elections the voter's name, street address, e-mail address, and | 8 | | precinct, ward, township, and district numbers, as the case may | 9 | | be, to the State Board of Elections, which shall maintain those | 10 | | names and that information in an electronic format on its | 11 | | website, arranged by county and accessible to State and local | 12 | | political committees. The name of each person issued a grace | 13 | | period ballot shall also be placed on the appropriate precinct | 14 | | list of persons to whom absentee and early ballots have been | 15 | | issued, for use as provided in Sections 17-9 and 18-5. | 16 | | A person who casts a grace period ballot shall not be | 17 | | permitted to revoke that ballot and vote another ballot with | 18 | | respect to that primary or election. Ballots cast by persons | 19 | | who register or change address during the grace period must be | 20 | | transmitted to and counted at the election authority's central | 21 | | ballot counting location and shall not be transmitted to and | 22 | | counted at precinct polling places. The grace period ballots | 23 | | determined to be valid shall be added to the vote totals for | 24 | | the precincts for which they were cast in the order in which | 25 | | the ballots were opened.
| 26 | | (Source: P.A. 97-766, eff. 7-6-12; 98-115, eff. 7-29-13.) |
| | | HB0105 Enrolled | - 9 - | LRB098 02624 KMW 32629 b |
|
| 1 | | (10 ILCS 5/6-100) | 2 | | Sec. 6-100. Grace period. Notwithstanding any other | 3 | | provision of this
Code to the contrary, each election authority | 4 | | shall
establish procedures for the registration of voters and | 5 | | for change of address during the period from the close of
| 6 | | registration for a primary or election and until the 3rd day | 7 | | before the
primary or election , except that during the 2014 | 8 | | general election the period shall extend until the polls close | 9 | | on election day . During this grace period, an unregistered | 10 | | qualified
elector may
register to vote, and a registered voter | 11 | | may submit a change of address form, in person in the office of | 12 | | the election
authority or at a voter registration location | 13 | | specifically designated for this
purpose by the election | 14 | | authority. During the 2014 general election, an unregistered | 15 | | qualified elector may register to vote, and a registered voter | 16 | | may submit a change of address form, in person at any permanent | 17 | | polling place for early voting established pursuant to Section | 18 | | 19A-10 through election day. The election authority shall
| 19 | | register that individual, or change a registered voter's | 20 | | address, in the same manner as otherwise provided by this | 21 | | Article for registration and change of address. | 22 | | If a voter who registers or changes address during this | 23 | | grace period wishes to vote at the first election or primary | 24 | | occurring after the grace period. The election authority shall | 25 | | offer in-person grace period voting at the authority's office |
| | | HB0105 Enrolled | - 10 - | LRB098 02624 KMW 32629 b |
|
| 1 | | and any permanent polling place where grace period registration | 2 | | is required by this Section; and may offer in-person grace | 3 | | period voting at additional locations specifically designated | 4 | | for the purpose of grace period voting by the election | 5 | | authority. The election authority may allow grace period voting | 6 | | by mail only if the election authority has no ballots prepared | 7 | | at the authority's office. Grace period voting shall be in a | 8 | | manner substantially similar to voting under Article 19. | 9 | | Within one day after a voter casts a grace period ballot, | 10 | | or within one day after the ballot is received by the election | 11 | | authority if the election authority allows grace period voting | 12 | | by mail, the election authority shall transmit by electronic | 13 | | means pursuant to a process established by the State Board of | 14 | | Elections the voter's name, street address, e-mail address, and | 15 | | precinct, ward, township, and district numbers, as the case may | 16 | | be, to the State Board of Elections, which shall maintain those | 17 | | names and that information in an electronic format on its | 18 | | website, arranged by county and accessible to State and local | 19 | | political committees. The name of each person issued a grace | 20 | | period ballot shall also be placed on the appropriate precinct | 21 | | list of persons to whom absentee and early ballots have been | 22 | | issued, for use as provided in Sections 17-9 and 18-5. | 23 | | A person who casts a grace period ballot shall not be | 24 | | permitted to revoke that ballot and vote another ballot with | 25 | | respect to that primary or election. Ballots cast by persons | 26 | | who register or change address during the grace period must be |
| | | HB0105 Enrolled | - 11 - | LRB098 02624 KMW 32629 b |
|
| 1 | | transmitted to and counted at the election authority's central | 2 | | ballot counting location and shall not be transmitted to and | 3 | | counted at precinct polling places. The grace period ballots | 4 | | determined to be valid shall be added to the vote totals for | 5 | | the precincts for which they were cast in the order in which | 6 | | the ballots were opened.
| 7 | | (Source: P.A. 97-766, eff. 7-6-12; 98-115, eff. 7-29-13.) | 8 | | (10 ILCS 5/9-9.5)
| 9 | | Sec. 9-9.5. Disclosures in political communications. | 10 | | (a)
Any political committee, organized under the Election | 11 | | Code, that
makes an expenditure for a pamphlet, circular, | 12 | | handbill, Internet or telephone communication, radio, | 13 | | television,
or print advertisement,
or other communication | 14 | | directed at voters and
mentioning the name of a candidate in | 15 | | the next upcoming election shall ensure
that the name of the | 16 | | political committee paying for any part of the
communication, | 17 | | including, but not limited to, its preparation and | 18 | | distribution,
is
identified clearly within the communication | 19 | | as the payor. This subsection does
not apply to items that are | 20 | | too small to contain the required disclosure.
This subsection | 21 | | does not apply to an expenditure for the preparation , or | 22 | | distribution , or publication of any printed communication | 23 | | directed at constituents of a member of the General Assembly if | 24 | | the expenditure is made by a political committee in accordance | 25 | | with subsection (c) of Section 9-8.10. Nothing in this |
| | | HB0105 Enrolled | - 12 - | LRB098 02624 KMW 32629 b |
|
| 1 | | subsection shall require disclosure on any telephone | 2 | | communication using random sampling or other scientific survey | 3 | | methods to gauge public opinion for or against any candidate or | 4 | | question of public policy.
| 5 | | Whenever any vendor or other person provides any of the | 6 | | services listed in this subsection, other than any telephone | 7 | | communication using random sampling or other scientific survey | 8 | | methods to gauge public opinion for or against any candidate or | 9 | | question of public policy, the vendor or person shall keep and | 10 | | maintain records showing the name and address of the person who | 11 | | purchased or requested the services and the amount paid for the | 12 | | services. The records required by this subsection shall be kept | 13 | | for a period of one year after the date upon which payment was | 14 | | received for the services.
| 15 | | (b) Any political committee, organized under this Code,
| 16 | | that makes an expenditure for a pamphlet, circular, handbill,
| 17 | | Internet or telephone communication, radio, television, or
| 18 | | print advertisement, or other communication directed at voters
| 19 | | and (i) mentioning the name of a candidate in the next upcoming
| 20 | | election, without that candidate's permission, or
(ii)
| 21 | | advocating for or against a public policy position shall ensure
| 22 | | that the name of the political committee paying for any part of
| 23 | | the communication, including, but not limited to, its
| 24 | | preparation and distribution, is identified clearly within the
| 25 | | communication. Nothing in this subsection shall require | 26 | | disclosure on
any telephone communication using random |
| | | HB0105 Enrolled | - 13 - | LRB098 02624 KMW 32629 b |
|
| 1 | | sampling or other
scientific survey methods to gauge public | 2 | | opinion for or
against any candidate or question of public | 3 | | policy. | 4 | | (c) A political committee organized under this Code shall
| 5 | | not make an expenditure for any unsolicited telephone call to
| 6 | | the line of a residential telephone customer in this State
| 7 | | using any method to block or otherwise circumvent that
| 8 | | customer's use of a caller identification service.
| 9 | | (Source: P.A. 98-115, eff. 7-29-13.)
| 10 | | (10 ILCS 5/10-6) (from Ch. 46, par. 10-6)
| 11 | | Sec. 10-6. Time and manner of filing. Certificates
of
| 12 | | nomination and nomination papers for the nomination of | 13 | | candidates for
offices to be filled by electors of the entire | 14 | | State, or any district
not entirely within a county, or for | 15 | | congressional, state legislative or
judicial offices, shall be | 16 | | presented to the principal office of the
State Board of | 17 | | Elections not more than 141 nor less than 134
days previous
to | 18 | | the day of election for which the candidates are nominated. The
| 19 | | State Board of Elections shall endorse the certificates of | 20 | | nomination or
nomination papers, as the case may be, and the | 21 | | date and hour of
presentment to it. Except as otherwise | 22 | | provided in this section, all
other certificates for the | 23 | | nomination of candidates shall be filed with
the county clerk | 24 | | of the respective counties not more than 141 but at
least 134 | 25 | | days previous to the day of such election. Certificates of |
| | | HB0105 Enrolled | - 14 - | LRB098 02624 KMW 32629 b |
|
| 1 | | nomination and nomination papers for the nomination of | 2 | | candidates for school district offices to be filled at | 3 | | consolidated elections shall be filed with the election | 4 | | authority in which the principal office of the school district | 5 | | is located not more than 113 nor less than 106 days before the | 6 | | consolidated election. Certificates
of
nomination and | 7 | | nomination papers for the nomination of candidates for
the | 8 | | other offices of political subdivisions to be filled at regular | 9 | | elections
other than the general election shall be filed with | 10 | | the local election
official of such subdivision:
| 11 | | (1) (Blank);
| 12 | | (2) not more than 113 nor less than 106 days prior to | 13 | | the
consolidated
election; or
| 14 | | (3) not more than 113 nor less than 106 days prior to | 15 | | the general
primary in the case of municipal offices to be | 16 | | filled at the general
primary election; or
| 17 | | (4) not more than 99 nor less than 92 days before the
| 18 | | consolidated
primary in the case of municipal offices to be | 19 | | elected on a nonpartisan
basis pursuant to law (including | 20 | | without limitation, those municipal
offices subject to | 21 | | Articles 4 and 5 of the Municipal Code); or
| 22 | | (5) not more than 113 nor less than 106 days before the | 23 | | municipal
primary in even numbered years for such | 24 | | nonpartisan municipal offices
where annual elections are | 25 | | provided; or
| 26 | | (6) in the case of petitions for the office of |
| | | HB0105 Enrolled | - 15 - | LRB098 02624 KMW 32629 b |
|
| 1 | | multi-township assessor,
such petitions shall be filed | 2 | | with the election authority not more than
113 nor less than | 3 | | 106 days before the consolidated election.
| 4 | | However, where a political subdivision's boundaries are | 5 | | co-extensive
with or are entirely within the jurisdiction of a | 6 | | municipal board of
election commissioners, the certificates of | 7 | | nomination and nomination
papers for candidates for such | 8 | | political subdivision offices shall be filed
in the office of | 9 | | such Board.
| 10 | | (Source: P.A. 95-699, eff. 11-9-07; 96-1008, eff. 7-6-10.)
| 11 | | (10 ILCS 5/10-8) (from Ch. 46, par. 10-8)
| 12 | | Sec. 10-8.
Certificates of nomination and nomination | 13 | | papers, and
petitions to submit public questions to a | 14 | | referendum, being filed as
required by this Code, and being in | 15 | | apparent conformity with the
provisions of this Act, shall be | 16 | | deemed to be valid unless objection
thereto is duly made in | 17 | | writing within 5 business days after the last day for
filing | 18 | | the certificate of nomination or nomination papers or petition
| 19 | | for a public question, with the following exceptions:
| 20 | | A. In the case of petitions to amend Article IV of the
| 21 | | Constitution of the State of Illinois, there shall be a | 22 | | period of 35
business days after the last day for the | 23 | | filing of such
petitions in which objections can be filed.
| 24 | | B. In the case of petitions for advisory questions of | 25 | | public policy to be
submitted to the voters of the entire |
| | | HB0105 Enrolled | - 16 - | LRB098 02624 KMW 32629 b |
|
| 1 | | State, there shall be a period of
35 business days after | 2 | | the last day for the filing of such
petitions in which | 3 | | objections can be filed.
| 4 | | Any legal voter of the political subdivision or district in | 5 | | which the
candidate or public question is to be voted on, or | 6 | | any legal voter in
the State in the case of a proposed | 7 | | amendment to Article IV of the
Constitution or an advisory | 8 | | public question to be submitted to the
voters of the entire | 9 | | State, having objections to any certificate of nomination
or | 10 | | nomination papers or petitions filed, shall file an objector's | 11 | | petition
together with 2 copies a copy thereof in the principal | 12 | | office or the permanent branch
office of the State Board of | 13 | | Elections, or in the office of the election
authority or local | 14 | | election official with whom the certificate of
nomination, | 15 | | nomination papers or petitions are on file. Objection petitions | 16 | | that do not include 2 copies thereof, shall not be accepted.
In | 17 | | the case of nomination papers or certificates of nomination,
| 18 | | the State Board of Elections, election authority or local | 19 | | election official
shall note the day and hour upon which such | 20 | | objector's
petition is filed, and shall, not later than 12:00
| 21 | | noon on the second business day after receipt of the
petition, | 22 | | transmit by registered mail or receipted
personal delivery the | 23 | | certificate of nomination or nomination papers and
the original | 24 | | objector's petition to the chairman of the proper electoral
| 25 | | board designated in Section 10-9 hereof, or his authorized | 26 | | agent, and
shall transmit a copy by registered mail or |
| | | HB0105 Enrolled | - 17 - | LRB098 02624 KMW 32629 b |
|
| 1 | | receipted personal delivery
of the objector's petition, to the | 2 | | candidate whose certificate of nomination
or nomination papers | 3 | | are objected to, addressed to the place of residence
designated | 4 | | in said certificate of nomination or nomination papers. In the
| 5 | | case of objections to a petition for a proposed amendment to | 6 | | Article IV of
the Constitution or for an advisory public | 7 | | question to be submitted to the
voters of the entire State, the | 8 | | State Board of Elections shall note the day
and hour upon which | 9 | | such objector's petition is filed and shall transmit a
copy of | 10 | | the objector's petition by registered mail or receipted | 11 | | personal
delivery to the person designated on a certificate | 12 | | attached to the petition
as the principal proponent of such | 13 | | proposed amendment or public question,
or as the proponents' | 14 | | attorney, for the purpose of receiving notice of
objections. In | 15 | | the case of objections to a petition for a public question,
to | 16 | | be submitted to the voters of a political subdivision, or | 17 | | district
thereof, the election authority or local election | 18 | | official with whom such
petition is filed shall note the day | 19 | | and hour upon which such
objector's petition was filed, and | 20 | | shall, not later than 12:00 noon on the
second business day | 21 | | after receipt of the petition,
transmit by registered mail or | 22 | | receipted personal delivery
the petition for the public | 23 | | question and the original objector's petition
to the chairman | 24 | | of the proper electoral board designated in Section 10-9
| 25 | | hereof, or his authorized agent, and shall transmit a copy by
| 26 | | registered mail or receipted personal delivery, of the |
| | | HB0105 Enrolled | - 18 - | LRB098 02624 KMW 32629 b |
|
| 1 | | objector's petition
to the person designated on a certificate | 2 | | attached to the petition as the
principal proponent of the | 3 | | public question, or as the proponent's attorney,
for the | 4 | | purposes of receiving notice of objections.
| 5 | | The objector's petition shall give the objector's name and | 6 | | residence
address, and shall state fully the nature of the | 7 | | objections to the
certificate of nomination or nomination | 8 | | papers or petitions in question,
and shall state the interest | 9 | | of the objector and shall state what relief
is requested of the | 10 | | electoral board.
| 11 | | The provisions of this Section and of Sections 10-9, 10-10 | 12 | | and
10-10.1 shall also apply to and govern objections to | 13 | | petitions for
nomination filed under Article 7 or Article 8, | 14 | | except as otherwise
provided in Section 7-13 for cases to which | 15 | | it is applicable, and also
apply to and govern petitions for | 16 | | the submission of public questions under
Article 28.
| 17 | | (Source: P.A. 86-1348.)
| 18 | | (10 ILCS 5/10-10) (from Ch. 46, par. 10-10)
| 19 | | Sec. 10-10. Within 24 hours after the receipt of the | 20 | | certificate of
nomination or nomination papers or proposed | 21 | | question of public
policy, as the case may be, and the | 22 | | objector's petition, the chairman
of the electoral board other | 23 | | than the State Board of Elections shall
send a call by | 24 | | registered or certified mail to each of the members of the
| 25 | | electoral board, and to the objector who filed the objector's |
| | | HB0105 Enrolled | - 19 - | LRB098 02624 KMW 32629 b |
|
| 1 | | petition, and
either to the candidate whose certificate of | 2 | | nomination or nomination
papers are objected to or to the | 3 | | principal proponent or attorney for
proponents of a question of | 4 | | public policy, as the case may be, whose
petitions are objected | 5 | | to, and shall also cause the sheriff of the county
or counties | 6 | | in which such officers and persons reside to serve a copy of
| 7 | | such call upon each of such officers and persons, which call | 8 | | shall set out
the fact that the electoral board is required to | 9 | | meet to hear and pass upon
the objections to nominations made | 10 | | for the office, designating it, and
shall state the day, hour | 11 | | and place at which the electoral board shall meet
for the | 12 | | purpose, which place shall be in the
county court house in the | 13 | | county in the case of the County Officers
Electoral Board, the | 14 | | Municipal Officers Electoral Board, the Township
Officers | 15 | | Electoral Board or the Education Officers Electoral Board, | 16 | | except that the Municipal Officers Electoral Board, the | 17 | | Township Officers Electoral Board, and the Education Officers | 18 | | Electoral Board may meet at the location where the governing | 19 | | body of the municipality, township, or community college | 20 | | district, respectively, holds its regularly scheduled | 21 | | meetings, if that location is available; provided that voter | 22 | | records may be removed from the offices of an election | 23 | | authority only at the discretion and under the supervision of | 24 | | the election authority.
In
those cases where the State Board of | 25 | | Elections is the electoral board
designated under Section 10-9, | 26 | | the chairman of the State Board of Elections
shall, within 24 |
| | | HB0105 Enrolled | - 20 - | LRB098 02624 KMW 32629 b |
|
| 1 | | hours after the receipt of the certificate of nomination
or | 2 | | nomination papers or petitions for a proposed amendment to | 3 | | Article IV of
the Constitution or proposed statewide question | 4 | | of public policy, send a
call by registered or certified mail | 5 | | to the objector who files the
objector's petition, and either | 6 | | to the candidate whose certificate of
nomination or nomination | 7 | | papers are objected to or to the principal
proponent or | 8 | | attorney for proponents of the proposed Constitutional
| 9 | | amendment or statewide question of public policy and shall | 10 | | state the day,
hour and place at which the electoral board | 11 | | shall meet for the purpose,
which place may be in the Capitol | 12 | | Building or in the principal or permanent
branch office of the | 13 | | State Board. The day of the meeting shall not be less
than 3 | 14 | | nor more than 5 days after the receipt of the certificate of
| 15 | | nomination or nomination papers and the objector's petition by | 16 | | the chairman
of the electoral board.
| 17 | | The electoral board shall have the power to administer | 18 | | oaths and to
subpoena and examine witnesses and at the request | 19 | | of either party and only upon a vote by a majority of its | 20 | | members, may authorize the
chairman to may issue subpoenas | 21 | | requiring the attendance of witnesses and
subpoenas duces tecum | 22 | | requiring the production of such books, papers,
records and | 23 | | documents as may be evidence of any matter under inquiry
before | 24 | | the electoral board, in the same manner as witnesses are
| 25 | | subpoenaed in the Circuit Court.
| 26 | | Service of such subpoenas shall be made by any sheriff or |
| | | HB0105 Enrolled | - 21 - | LRB098 02624 KMW 32629 b |
|
| 1 | | other
person in the same manner as in cases in such court and | 2 | | the fees of such
sheriff shall be the same as is provided by | 3 | | law, and shall be paid by
the objector or candidate who causes | 4 | | the issuance of the subpoena. In
case any person so served | 5 | | shall knowingly neglect or refuse to obey any
such subpoena, or | 6 | | to testify, the electoral board shall at once file a
petition | 7 | | in the circuit court of the county in which such hearing is to
| 8 | | be heard, or has been attempted to be heard, setting forth the | 9 | | facts, of
such knowing refusal or neglect, and accompanying the | 10 | | petition with a
copy of the citation and the answer, if one has | 11 | | been filed, together
with a copy of the subpoena and the return | 12 | | of service thereon, and shall
apply for an order of court | 13 | | requiring such person to attend and testify,
and forthwith | 14 | | produce books and papers, before the electoral board. Any
| 15 | | circuit court of the state, excluding the judge who is sitting | 16 | | on the electoral
board, upon such showing shall order such | 17 | | person to appear and testify,
and to forthwith produce such | 18 | | books and papers, before the electoral board
at a place to be | 19 | | fixed by the court. If such person shall knowingly fail
or | 20 | | refuse to obey such order of the court without lawful excuse, | 21 | | the court
shall punish him or her by fine and imprisonment, as | 22 | | the nature of the case
may require and may be lawful in cases | 23 | | of contempt of court.
| 24 | | The electoral board on the first day of its meeting shall | 25 | | adopt rules
of procedure for the introduction of evidence and | 26 | | the presentation of
arguments and may, in its discretion, |
| | | HB0105 Enrolled | - 22 - | LRB098 02624 KMW 32629 b |
|
| 1 | | provide for the filing of briefs
by the parties to the | 2 | | objection or by other interested persons.
| 3 | | In the event of a State Electoral Board hearing on | 4 | | objections to a
petition for an amendment to Article IV of the | 5 | | Constitution
pursuant to Section 3 of Article XIV of the | 6 | | Constitution, or to a
petition for a question of public policy | 7 | | to be submitted to the
voters of the entire State, the | 8 | | certificates of the county clerks and boards
of election | 9 | | commissioners showing the results of the random sample of
| 10 | | signatures on the petition shall be prima facie valid and | 11 | | accurate, and
shall be presumed to establish the number of | 12 | | valid and invalid
signatures on the petition sheets reviewed in | 13 | | the random sample, as prescribed
in Section 28-11 and 28-12 of | 14 | | this Code. Either party, however, may introduce
evidence at | 15 | | such hearing to dispute the findings as to particular | 16 | | signatures.
In addition to the foregoing, in the absence of | 17 | | competent evidence presented
at such hearing by a party | 18 | | substantially challenging the results of a random
sample, or | 19 | | showing a different result obtained by an additional sample,
| 20 | | this certificate of a county clerk or board of election | 21 | | commissioners shall
be presumed to establish the ratio of valid | 22 | | to invalid signatures within
the particular election | 23 | | jurisdiction.
| 24 | | The electoral board shall take up the question as to | 25 | | whether or not
the certificate of nomination or nomination | 26 | | papers or petitions are in
proper form, and whether or not they |
| | | HB0105 Enrolled | - 23 - | LRB098 02624 KMW 32629 b |
|
| 1 | | were filed within the time and
under the conditions required by | 2 | | law, and whether or not they are the
genuine certificate of | 3 | | nomination or nomination papers or petitions
which they purport | 4 | | to be, and whether or not in the case of the
certificate of | 5 | | nomination in question it represents accurately the
decision of | 6 | | the caucus or convention issuing it, and in general shall
| 7 | | decide whether or not the certificate of nomination or | 8 | | nominating papers
or petitions on file are valid or whether the | 9 | | objections thereto should
be sustained and the decision of a | 10 | | majority of the electoral board shall
be final subject to | 11 | | judicial review as provided in Section 10-10.1. The
electoral | 12 | | board must state its findings in writing and must state in
| 13 | | writing which objections, if any, it has sustained. A copy of | 14 | | the decision shall be served upon the parties to the | 15 | | proceedings in open proceedings before the electoral board. If | 16 | | a party does not appear for receipt of the decision, the | 17 | | decision shall be deemed to have been served on the absent | 18 | | party on the date when a copy of the decision is personally | 19 | | delivered or on the date when a copy of the decision is | 20 | | deposited in the Unites States mail, in a sealed envelope or | 21 | | package, with postage prepaid, addressed to each party affected | 22 | | by the decision or to such party's attorney of record, if any, | 23 | | at the address on record for such person in the files of the | 24 | | electoral board.
| 25 | | Upon the expiration of the period within which a proceeding | 26 | | for
judicial review must be commenced under Section 10-10.1, |
| | | HB0105 Enrolled | - 24 - | LRB098 02624 KMW 32629 b |
|
| 1 | | the electoral
board shall, unless a proceeding for judicial | 2 | | review has been commenced
within such period, transmit, by | 3 | | registered or certified mail, a
certified copy of its ruling, | 4 | | together with the original certificate of
nomination or | 5 | | nomination papers or petitions and the original objector's
| 6 | | petition, to the officer or board with whom the certificate of
| 7 | | nomination or nomination papers or petitions, as objected to, | 8 | | were on
file, and such officer or board shall abide by and | 9 | | comply with the
ruling so made to all intents and purposes.
| 10 | | (Source: P.A. 98-115, eff. 7-29-13.)
| 11 | | (10 ILCS 5/11-6) (from Ch. 46, par. 11-6)
| 12 | | Sec. 11-6.
Within 60 days after the effective date of this | 13 | | amendatory Act of the 98th General Assembly, each election | 14 | | authority shall transmit to the principal office of the State | 15 | | Board of
Elections and publish on any website maintained by the | 16 | | election authority maps in electronic portable document format | 17 | | (.PDF) showing the current boundaries of all the precincts | 18 | | within its jurisdiction. Whenever election precincts in an | 19 | | election jurisdiction have been redivided or readjusted, the | 20 | | county board or board of election commissioners shall prepare | 21 | | maps in electronic portable document format (.PDF) showing such | 22 | | election precinct boundaries no later than 90 days before the | 23 | | next scheduled election. The maps shall show the boundaries of | 24 | | all political subdivisions and districts. The county board or | 25 | | board of election commissioners shall immediately forward |
| | | HB0105 Enrolled | - 25 - | LRB098 02624 KMW 32629 b |
|
| 1 | | copies thereof to the chairman of each county central committee | 2 | | in the county, to each township, ward, or precinct | 3 | | committeeman, and each local election official whose political | 4 | | subdivision is wholly or partly in the county and, upon | 5 | | request, shall furnish copies thereof to each candidate for | 6 | | political or public office in the county and shall transmit | 7 | | copies thereof to the principal office of the State Board of | 8 | | Elections and publish copies thereof on any website maintained | 9 | | by the election authority. | 10 | | Within 60 days of the effective date of this amendatory Act
of | 11 | | 1983, each election authority shall transmit to the principal | 12 | | office
of the State Board of Elections maps showing the current | 13 | | boundaries of all
the precincts within its jurisdiction. | 14 | | Whenever election precincts in
an election jurisdiction have | 15 | | been redivided or readjusted, the county
board or board of | 16 | | election commissioners shall prepare maps showing such
| 17 | | election precinct boundaries no later than 45 days before the | 18 | | next scheduled
election. The maps, or transparent overlays, | 19 | | shall show the boundaries
of all political subdivisions and | 20 | | districts. The county board or board
of election commissioners | 21 | | shall immediately forward copies thereof to the
chairman of | 22 | | each county central committee in the county, to each township,
| 23 | | ward or precinct committeeman and each local election official | 24 | | whose
political subdivision is wholly or partly in the county | 25 | | and, upon request,
shall furnish copies thereof to each | 26 | | candidate for political or public office
in the county and |
| | | HB0105 Enrolled | - 26 - | LRB098 02624 KMW 32629 b |
|
| 1 | | shall transmit copies thereof to the principal office
of the | 2 | | State Board of Elections.
| 3 | | (Source: P.A. 84-861.)
| 4 | | (10 ILCS 5/13-2.5)
| 5 | | Sec. 13-2.5. Time off from work to serve as election judge.
| 6 | | Any person
who
is
appointed as an election judge under Section | 7 | | 13-1 or 13-2 may, after giving his
or her
employer at least 20 | 8 | | days' written notice, be absent from his or her place of
work | 9 | | for the
purpose of serving as an election judge. An employer | 10 | | may not penalize an
employee for
that absence other than a | 11 | | deduction in salary for the time the employee was
absent from
| 12 | | his or her place of employment. An employer may not require an | 13 | | employee to use earned vacation time or any form of paid leave | 14 | | time to serve as an election judge.
| 15 | | This Section does not apply to an employer with fewer than | 16 | | 25 employees.
An employer with more than 25 employees
shall not | 17 | | be required to permit more than 10% of the employees to be | 18 | | absent
under this Section on the same election day.
| 19 | | (Source: P.A. 94-645, eff. 8-22-05.) | 20 | | (10 ILCS 5/14-4.5)
| 21 | | Sec. 14-4.5. Time off from work to serve as election judge.
| 22 | | Any person
who
is
appointed as an election judge under Section | 23 | | 13-1 or 13-2 may, after giving his
or her
employer at least 20 | 24 | | days' written notice, be absent from his or her place of
work |
| | | HB0105 Enrolled | - 27 - | LRB098 02624 KMW 32629 b |
|
| 1 | | for the
purpose of serving as an election judge. An employer | 2 | | may not penalize an
employee for
that absence other than a | 3 | | deduction in salary for the time the employee was
absent from
| 4 | | his or her place of employment. An employer may not require an | 5 | | employee to use earned vacation time or any form of paid leave | 6 | | time to serve as an election judge.
| 7 | | This Section does not apply to an employer with fewer than | 8 | | 25 employees.
An employer with more than 25 employees
shall not | 9 | | be required to permit more than 10% of the employees to be | 10 | | absent
under this Section on the same election day.
| 11 | | (Source: P.A. 94-645, eff. 8-22-05.)
| 12 | | (10 ILCS 5/18A-5)
| 13 | | Sec. 18A-5. Provisional voting; general provisions.
| 14 | | (a) A person who claims to be a registered voter is | 15 | | entitled to cast a
provisional ballot under the following | 16 | | circumstances:
| 17 | | (1) The person's name does not appear on the official | 18 | | list of eligible
voters for the precinct in which
the | 19 | | person seeks to vote. The official list is the centralized | 20 | | statewide voter registration list established and | 21 | | maintained in accordance with Section 1A-25;
| 22 | | (2) The person's voting status has been challenged by | 23 | | an election judge, a
pollwatcher, or any legal voter and | 24 | | that challenge has been sustained by a
majority of the | 25 | | election judges;
|
| | | HB0105 Enrolled | - 28 - | LRB098 02624 KMW 32629 b |
|
| 1 | | (3) A federal or State court order extends the time for | 2 | | closing the polls
beyond the time period established by | 3 | | State law and the person votes during the
extended time | 4 | | period;
| 5 | | (4) The voter registered to vote by mail and is | 6 | | required by law to
present identification when voting | 7 | | either in person or by absentee ballot, but
fails to do so;
| 8 | | (5) The voter's name appears on the list of voters who | 9 | | voted during the early voting period, but the voter claims | 10 | | not to have voted during the early voting period; or | 11 | | (6) The voter received an absentee ballot but did not | 12 | | return the absentee ballot to the election authority ; or . | 13 | | (7) The voter registered to vote during the grace | 14 | | period on the day before election day or on election day | 15 | | during the 2014 general election. | 16 | | (b) The procedure for obtaining and casting a provisional | 17 | | ballot at the
polling place
shall be as follows:
| 18 | | (1) After first verifying through an examination of the | 19 | | precinct register that the person's address is within the | 20 | | precinct boundaries, an election judge at the polling place | 21 | | shall notify a person who is
entitled to cast a provisional | 22 | | ballot pursuant to subsection (a)
that he or she may cast a | 23 | | provisional ballot in that election.
An election judge
must | 24 | | accept any information provided by a person who casts a | 25 | | provisional ballot
that the person believes supports his or | 26 | | her claim that he or she is a duly
registered voter and |
| | | HB0105 Enrolled | - 29 - | LRB098 02624 KMW 32629 b |
|
| 1 | | qualified to vote in the election. However, if the person's | 2 | | residence address is outside the precinct boundaries, the | 3 | | election judge shall inform the person of that fact, give | 4 | | the person the appropriate telephone number of the election | 5 | | authority in order to locate the polling place assigned to | 6 | | serve that address, and instruct the person to go to the | 7 | | proper polling place to vote.
| 8 | | (2) The person shall execute a written form provided by | 9 | | the
election judge that shall state or contain all of the | 10 | | following that is available:
| 11 | |
(i) an affidavit stating the following:
| 12 | | State of Illinois, County of ................, | 13 | | Township
.............,
Precinct ........, Ward | 14 | | ........, I, ......................., do solemnly
| 15 | | swear (or affirm) that: I am a citizen of the | 16 | | United States; I am 18 years of
age or older; I | 17 | | have resided in this State and in this precinct for | 18 | | 30 days
preceding this election; I have not voted | 19 | | in this election; I am a duly
registered voter in | 20 | | every respect; and I am eligible to vote in this | 21 | | election.
Signature ...... Printed Name of Voter | 22 | | ....... Printed Residence
Address of Voter ...... | 23 | | City
...... State .... Zip Code ..... Telephone | 24 | | Number ...... Date of Birth .......
and Illinois | 25 | | Driver's License Number ....... or Last 4 digits of | 26 | | Social
Security
Number ...... or State |
| | | HB0105 Enrolled | - 30 - | LRB098 02624 KMW 32629 b |
|
| 1 | | Identification Card
Number issued to you by the | 2 | | Illinois Secretary of State........
| 3 | | (ii) A box for the election judge to check one of | 4 | | the 6 reasons why the
person was given a provisional | 5 | | ballot under subsection (a) of Section 18A-5.
| 6 | | (iii) An area for the election judge to affix his | 7 | | or her signature and to
set forth any facts that | 8 | | support or oppose the allegation that the person is
not | 9 | | qualified to vote in the precinct in which the person | 10 | | is seeking to vote.
| 11 | | The written affidavit form described in this | 12 | | subsection (b)(2) must be
printed on a multi-part form | 13 | | prescribed by the county clerk or board of
election | 14 | | commissioners, as the case may be.
| 15 | | (3) After the person executes the portion of the | 16 | | written affidavit described
in subsection (b)(2)(i) of | 17 | | this Section, the election judge shall complete the
portion | 18 | | of the written affidavit described in subsection | 19 | | (b)(2)(iii) and
(b)(2)(iv).
| 20 | | (4) The election judge shall give a copy of the | 21 | | completed written affidavit
to the person. The election | 22 | | judge shall place the original written affidavit in
a | 23 | | self-adhesive clear plastic packing list envelope that | 24 | | must be attached to a
separate envelope marked as a | 25 | | "provisional ballot envelope". The election judge
shall | 26 | | also place any information provided by the person who casts |
| | | HB0105 Enrolled | - 31 - | LRB098 02624 KMW 32629 b |
|
| 1 | | a provisional
ballot in the clear plastic packing list | 2 | | envelope. Each county clerk or board
of election | 3 | | commissioners, as the case may be,
must design, obtain or | 4 | | procure self-adhesive clear plastic packing list
envelopes | 5 | | and provisional ballot envelopes that are suitable for | 6 | | implementing
this subsection (b)(4) of this Section.
| 7 | | (5) The election judge shall provide the person with a | 8 | | provisional ballot,
written instructions for casting a | 9 | | provisional ballot, and the provisional
ballot envelope | 10 | | with the clear plastic packing list envelope affixed to it,
| 11 | | which contains the person's original written affidavit | 12 | | and, if any, information
provided by the provisional voter | 13 | | to support his or her claim that he or she is
a duly | 14 | | registered voter. An election judge must also give the | 15 | | person written
information that states that any person who | 16 | | casts a provisional ballot shall be
able to ascertain, | 17 | | pursuant to guidelines established by the State Board of
| 18 | | Elections, whether the provisional vote was counted in the | 19 | | official canvass of
votes for that election and, if the | 20 | | provisional vote was not counted, the
reason that the vote | 21 | | was not counted.
| 22 | | (6) After the person has completed marking his or her | 23 | | provisional ballot, he
or she shall place the marked ballot | 24 | | inside of the provisional ballot envelope,
close and seal | 25 | | the envelope, and return the envelope to an election judge, | 26 | | who
shall then deposit the sealed provisional ballot |
| | | HB0105 Enrolled | - 32 - | LRB098 02624 KMW 32629 b |
|
| 1 | | envelope into a securable
container separately identified | 2 | | and utilized for containing sealed provisional
ballot | 3 | | envelopes. Ballots that are provisional because they are | 4 | | cast after 7:00 p.m. by court
order shall be kept separate | 5 | | from other provisional ballots. Upon the closing of the | 6 | | polls, the securable container shall
be
sealed with | 7 | | filament tape provided for that purpose, which shall be | 8 | | wrapped
around the box lengthwise and crosswise, at least | 9 | | twice each way, and each of
the election judges shall sign | 10 | | the seal.
| 11 | | (c) Instead of the affidavit form described in subsection | 12 | | (b), the county
clerk or board of election commissioners, as | 13 | | the case may be, may design and
use a multi-part affidavit form | 14 | | that is imprinted upon or attached to the
provisional ballot | 15 | | envelope described in subsection (b). If a county clerk or
| 16 | | board of election commissioners elects to design and use its | 17 | | own multi-part
affidavit form, then the county clerk or board | 18 | | of election commissioners shall
establish a mechanism for | 19 | | accepting any information the provisional voter has
supplied to | 20 | | the election judge to support his or her claim that he or she | 21 | | is a
duly registered voter. In all other respects, a county | 22 | | clerk or board of
election commissioners shall establish | 23 | | procedures consistent with subsection
(b).
| 24 | | (d) The county clerk or board of election commissioners, as | 25 | | the case may be,
shall use the completed affidavit form | 26 | | described in subsection (b) to update
the person's voter |
| | | HB0105 Enrolled | - 33 - | LRB098 02624 KMW 32629 b |
|
| 1 | | registration information in the State voter registration
| 2 | | database and voter registration database of the county clerk or | 3 | | board of
election commissioners, as the case may be. If a | 4 | | person is later determined not
to be a registered voter based | 5 | | on Section 18A-15 of this Code, then the
affidavit shall be | 6 | | processed by the county clerk or board of election
| 7 | | commissioners, as the case may be, as a voter registration | 8 | | application.
| 9 | | (Source: P.A. 97-766, eff. 7-6-12.)
| 10 | | (10 ILCS 5/18A-15)
| 11 | | Sec. 18A-15. Validating and counting provisional ballots.
| 12 | | (a) The county clerk or board of election commissioners | 13 | | shall complete the
validation and counting of provisional | 14 | | ballots within 14 calendar days of
the day of the election. The | 15 | | county clerk or board of election commissioners
shall have 7 | 16 | | calendar days from the completion of the validation and
| 17 | | counting of provisional ballots to conduct its final canvass. | 18 | | The State Board
of Elections shall complete within 31 calendar | 19 | | days of the election or sooner
if all the returns are received, | 20 | | its final canvass of the vote for all public
offices.
| 21 | | (b) If a county clerk or board of election commissioners | 22 | | determines that all
of the following apply, then a provisional | 23 | | ballot is valid and shall be counted
as a vote:
| 24 | | (1) the provisional voter cast the provisional ballot | 25 | | in the correct
precinct based on the address provided by |
| | | HB0105 Enrolled | - 34 - | LRB098 02624 KMW 32629 b |
|
| 1 | | the provisional voter unless the provisional voter cast a | 2 | | ballot pursuant to paragraph (7) of subsection (a) of | 3 | | Section 18A-5, in which case the provisional ballot must | 4 | | have been cast in the correct election jurisdiction based | 5 | | on the address provided . The provisional voter's affidavit | 6 | | shall serve as a change of address request by that voter | 7 | | for registration purposes for the next ensuing election if | 8 | | it bears an address different from that in the records of | 9 | | the election authority. Votes for federal and statewide | 10 | | offices on a provisional ballot cast in the incorrect | 11 | | precinct that meet the other requirements of this | 12 | | subsection shall be valid and counted in accordance with | 13 | | rules adopted by the State Board of Elections. As used in | 14 | | this item, "federal office" is defined as provided in | 15 | | Section 20-1 and "statewide office" means the Governor, | 16 | | Attorney General, Secretary of State, Comptroller, and | 17 | | Treasurer. Votes for General Assembly, countywide, | 18 | | citywide, or township office on a provisional ballot cast | 19 | | in the incorrect precinct but in the correct legislative | 20 | | district, representative district, county, municipality, | 21 | | or township, as the case may be, shall be valid and counted | 22 | | in accordance with rules adopted by the State Board of | 23 | | Elections. As used in this item, "citywide office" means an | 24 | | office elected by the electors of an entire municipality. | 25 | | As used in this item, "township office" means an office | 26 | | elected by the electors of an entire township;
|
| | | HB0105 Enrolled | - 35 - | LRB098 02624 KMW 32629 b |
|
| 1 | | (2) the affidavit executed by the provisional voter | 2 | | pursuant to subsection
(b)(2) of Section 18A-5 contains, at | 3 | | a minimum, the provisional voter's first and last name, | 4 | | house number and street name, and signature or mark;
| 5 | | (3) the provisional voter is a registered voter based | 6 | | on information
available to the county clerk or board of | 7 | | election commissioners provided by or
obtained from any of | 8 | | the following:
| 9 | | i. the provisional voter;
| 10 | | ii. an election judge;
| 11 | | iii. the statewide voter registration database | 12 | | maintained by the State
Board of Elections;
| 13 | | iv. the records of the county clerk or board of | 14 | | election commissioners'
database; or
| 15 | | v. the records of the Secretary of State; and | 16 | | (4) for a provisional ballot cast under item (6) of | 17 | | subsection (a) of Section 18A-5, the voter did not vote by | 18 | | absentee ballot in the election at which the provisional | 19 | | ballot was cast.
| 20 | | (c) With respect to subsection (b)(3) of this Section, the | 21 | | county clerk or
board of election commissioners shall | 22 | | investigate and record whether or not the specified information | 23 | | is available from each of the 5 identified sources. If the | 24 | | information is available from one or more of the identified | 25 | | sources, then the
county clerk or board of election | 26 | | commissioners shall seek to obtain the
information from each of |
| | | HB0105 Enrolled | - 36 - | LRB098 02624 KMW 32629 b |
|
| 1 | | those sources until satisfied, with information from at least | 2 | | one of those sources, that the provisional voter is registered | 3 | | and entitled to vote. The county clerk
or board of election | 4 | | commissioners shall use any information it obtains as the
basis | 5 | | for determining the voter registration status of the | 6 | | provisional voter.
If a conflict exists among the information | 7 | | available to the county clerk or
board of election | 8 | | commissioners as to the registration status of the
provisional | 9 | | voter, then the county clerk or board of election commissioners
| 10 | | shall make a
determination based on the totality of the | 11 | | circumstances. In a case where the
above information equally | 12 | | supports or opposes the registration status of the
voter, the | 13 | | county clerk or board of election commissioners shall decide in
| 14 | | favor of the provisional voter as being duly registered to | 15 | | vote. If the
statewide voter registration database maintained | 16 | | by the State Board of
Elections indicates that the provisional | 17 | | voter is registered to vote, but the
county clerk's or board of | 18 | | election commissioners' voter registration database
indicates | 19 | | that the provisional voter is not registered to vote, then the
| 20 | | information found in the statewide voter registration database | 21 | | shall control
the matter and the provisional voter shall be | 22 | | deemed to be registered to vote.
If the records of the county | 23 | | clerk or board of election commissioners indicates
that the | 24 | | provisional
voter is registered to vote, but the statewide | 25 | | voter registration database
maintained by the State Board of | 26 | | Elections indicates that the provisional voter
is not |
| | | HB0105 Enrolled | - 37 - | LRB098 02624 KMW 32629 b |
|
| 1 | | registered to vote, then the information found in the records | 2 | | of the
county clerk or board of election commissioners shall | 3 | | control the matter and
the provisional voter shall be deemed to | 4 | | be registered to vote. If the
provisional voter's signature on | 5 | | his or her provisional ballot request varies
from the signature | 6 | | on
an otherwise valid registration application solely because | 7 | | of the substitution
of initials for the first or middle name, | 8 | | the election authority may not reject
the provisional ballot.
| 9 | | (d) In validating the registration status of a person | 10 | | casting a provisional
ballot, the county clerk or board of | 11 | | election commissioners shall not require a
provisional voter to | 12 | | complete any form other than the affidavit executed by the
| 13 | | provisional voter under subsection (b)(2) of Section 18A-5. In | 14 | | addition,
the
county clerk or board of election commissioners | 15 | | shall not require all
provisional voters or
any particular | 16 | | class or group of provisional voters to appear personally | 17 | | before
the county clerk or board of election commissioners or | 18 | | as a matter of policy
require provisional voters to submit | 19 | | additional information to verify or
otherwise support the | 20 | | information already submitted by the provisional voter.
Within | 21 | | 2 calendar days after the election, the election authority | 22 | | shall transmit by electronic means pursuant to a process | 23 | | established by the State Board of Elections the name, street | 24 | | address, e-mail address, and precinct, ward, township, and | 25 | | district numbers, as the case may be, of each person casting a | 26 | | provisional ballot to the State Board of Elections, which shall |
| | | HB0105 Enrolled | - 38 - | LRB098 02624 KMW 32629 b |
|
| 1 | | maintain those names and that information in an electronic | 2 | | format on its website, arranged by county and accessible to | 3 | | State and local political committees. The provisional voter | 4 | | may, within 7 calendar days after the election, submit
| 5 | | additional information to the county clerk or board of election | 6 | | commissioners.
This information must be received by the county | 7 | | clerk or board of election
commissioners within the | 8 | | 7-calendar-day period.
| 9 | | (e) If the county clerk or board of election commissioners | 10 | | determines that
subsection (b)(1), (b)(2), or (b)(3) does not | 11 | | apply, then the provisional
ballot is not valid
and may not be | 12 | | counted. The provisional ballot envelope containing the ballot
| 13 | | cast by the provisional voter may not be opened. The county | 14 | | clerk or board of
election commissioners shall write on the | 15 | | provisional ballot envelope the
following: "Provisional ballot | 16 | | determined invalid.".
| 17 | | (f) If the county clerk or board of election commissioners | 18 | | determines that a
provisional ballot is valid under this | 19 | | Section, then the provisional ballot
envelope shall be opened. | 20 | | The outside of each provisional ballot
envelope shall
also be
| 21 | | marked to identify the precinct and the date of the election.
| 22 | | (g) Provisional ballots determined to be valid shall be | 23 | | counted at the election authority's central ballot counting | 24 | | location and shall not be counted in precincts. The provisional | 25 | | ballots determined to be valid shall be added to the
vote
| 26 | | totals for the precincts from which they were cast in the order |
| | | HB0105 Enrolled | - 39 - | LRB098 02624 KMW 32629 b |
|
| 1 | | in which the
ballots were opened.
The validation and counting | 2 | | of provisional ballots shall be subject to the
provisions of | 3 | | this Code that apply to pollwatchers.
If the provisional | 4 | | ballots are a ballot of a punch card
voting system, then the | 5 | | provisional ballot shall be counted in a manner
consistent with | 6 | | Article 24A. If the provisional ballots
are a ballot of optical | 7 | | scan or other type of approved electronic voting
system, then | 8 | | the provisional ballots shall be counted in a manner consistent
| 9 | | with Article 24B.
| 10 | | (h) As soon as the ballots have been counted, the election | 11 | | judges or
election officials shall, in
the presence of the | 12 | | county clerk or board of election commissioners, place each
of | 13 | | the following items in a separate envelope or bag: (1) all | 14 | | provisional
ballots, voted or spoiled; (2)
all provisional | 15 | | ballot envelopes of provisional ballots voted or spoiled; and
| 16 | | (3) all executed affidavits
of the provisional ballots voted or | 17 | | spoiled.
All provisional ballot envelopes for provisional | 18 | | voters who have been
determined
not to be registered to vote | 19 | | shall remain sealed. The county clerk or board of
election | 20 | | commissioners shall treat the provisional ballot envelope | 21 | | containing
the written affidavit as a voter registration | 22 | | application for that person for
the next election and process | 23 | | that application.
The election judges or election officials | 24 | | shall then
securely
seal each envelope or bag, initial the | 25 | | envelope or bag, and plainly mark on the
outside of the | 26 | | envelope or bag in ink the precinct in which the provisional
|
| | | HB0105 Enrolled | - 40 - | LRB098 02624 KMW 32629 b |
|
| 1 | | ballots were cast. The election judges or election officials | 2 | | shall then place
each sealed envelope or
bag into a box, secure | 3 | | and seal it in the same manner as described in
item (6) of | 4 | | subsection (b) of Section 18A-5. Each election judge or | 5 | | election
official shall take and subscribe an oath
before the | 6 | | county clerk or
board of election commissioners that the | 7 | | election judge or election official
securely kept the
ballots | 8 | | and papers in the box, did not permit any person to open the | 9 | | box or
otherwise touch or tamper with the ballots and papers in | 10 | | the box, and has no
knowledge of any other person opening the | 11 | | box.
For purposes of this Section, the term "election official" | 12 | | means the county
clerk, a member of the board of election | 13 | | commissioners, as the case may be, and
their respective | 14 | | employees.
| 15 | | (Source: P.A. 97-766, eff. 7-6-12; 98-115, eff. 7-29-13.)
| 16 | | (10 ILCS 5/19-2) (from Ch. 46, par. 19-2) | 17 | | Sec. 19-2. Any elector as defined in Section 19-1 may by | 18 | | mail or electronically on the website of the appropriate | 19 | | election authority, not more than 90 40 nor less than 5 days | 20 | | prior to the
date of such election, or by personal delivery not | 21 | | more than 90 40 nor less
than one day prior to the date of such | 22 | | election, make application to the
county clerk or to the Board | 23 | | of Election Commissioners for an official
ballot for the | 24 | | voter's precinct to be voted at such election. The URL address | 25 | | at which voters may electronically request an absentee ballot |
| | | HB0105 Enrolled | - 41 - | LRB098 02624 KMW 32629 b |
|
| 1 | | shall be fixed no later than 90 calendar days before an | 2 | | election and shall not be changed until after the election.
| 3 | | Such a ballot shall be delivered to the elector only upon | 4 | | separate application by the elector for each election.
| 5 | | (Source: P.A. 97-81, eff. 7-5-11; 98-115, eff. 7-29-13.)
| 6 | | (10 ILCS 5/19A-10)
| 7 | | Sec. 19A-10. Permanent polling places for early voting.
| 8 | | (a) An election authority may establish permanent polling | 9 | | places for early
voting by personal appearance at locations | 10 | | throughout the election authority's
jurisdiction, including | 11 | | but not limited to a municipal clerk's office, a township | 12 | | clerk's office, a road district clerk's office, or a county or | 13 | | local public agency office. Except as otherwise provided in | 14 | | subsection (b), any person
entitled to vote early by personal | 15 | | appearance may do so at any polling place
established for early | 16 | | voting.
| 17 | | (b) If it is impractical for the election authority to | 18 | | provide at each
polling place for early voting a ballot in | 19 | | every form required in the election
authority's jurisdiction, | 20 | | the election authority may:
| 21 | | (1) provide appropriate forms of ballots to the office | 22 | | of the municipal
clerk in a municipality not having a board | 23 | | of election commissioners; the
township clerk; or in | 24 | | counties not under township organization, the road
| 25 | | district clerk; and
|
| | | HB0105 Enrolled | - 42 - | LRB098 02624 KMW 32629 b |
|
| 1 | | (2) limit voting at that polling place to registered | 2 | | voters in that
municipality, ward or group of wards, | 3 | | township, or road district.
| 4 | | If the early voting polling place does not have the correct | 5 | | ballot form for a person seeking to vote early, the election | 6 | | judge or election official conducting early voting at that | 7 | | polling place shall inform the person of that fact, give the | 8 | | person the appropriate telephone number of the election | 9 | | authority in order to locate an early voting polling place with | 10 | | the correct ballot form for use in that person's assigned | 11 | | precinct, and instruct the person to go to the proper early | 12 | | voting polling place to vote early.
| 13 | | (c) During each general primary and general election, each | 14 | | election authority in a county with a population over 250,000 | 15 | | shall establish at least one permanent polling place for early | 16 | | voting by personal appearance at a location within each of the | 17 | | 3 largest municipalities within its jurisdiction. If any of the | 18 | | 3 largest municipalities is over 80,000, the election authority | 19 | | shall establish at least 2 permanent polling places within the | 20 | | municipality. All population figures shall be determined by the | 21 | | federal census.
| 22 | | (d) During each general primary and general election, each | 23 | | board of election commissioners established under Article 6 of | 24 | | this Code in any city, village, or incorporated town with a | 25 | | population over 100,000 shall establish at least 2 permanent | 26 | | polling places for early voting by personal appearance. All |
| | | HB0105 Enrolled | - 43 - | LRB098 02624 KMW 32629 b |
|
| 1 | | population figures shall be determined by the federal census. | 2 | | (e) During each general primary and general election, each | 3 | | election authority in a county with a population of over | 4 | | 100,000 but under 250,000 persons shall establish at least one | 5 | | polling place for early voting by personal appearance. The | 6 | | location for early voting may be the election authority's main | 7 | | office or another location designated by the election | 8 | | authority. The election authority may designate additional | 9 | | sites for early voting by personal appearance. All population | 10 | | figures shall be determined by the federal census.
| 11 | | (Source: P.A. 94-645, eff. 8-22-05; 95-699, eff. 11-9-07.) | 12 | | (10 ILCS 5/19A-15)
| 13 | | Sec. 19A-15. Period for early voting; hours.
| 14 | | (a) The period for early voting by personal appearance | 15 | | begins the 15th day preceding a general primary, consolidated | 16 | | primary, consolidated, or
general election and extends through | 17 | | the 3rd day before election day , except that for the 2014 | 18 | | general election the period for early voting by personal | 19 | | appearance shall extend through the 2nd day before election | 20 | | day .
| 21 | | (b) Except as otherwise provided by this Section, a A | 22 | | permanent polling place for early voting must remain open | 23 | | during the
hours of 8:30 a.m. to 4:30 p.m., or 9:00 a.m. to | 24 | | 5:00 p.m., on weekdays and
9:00 a.m. to 12:00 p.m. on Saturdays | 25 | | and holidays, and 12:00 p.m. to 3:00 p.m. on Sundays; except |
| | | HB0105 Enrolled | - 44 - | LRB098 02624 KMW 32629 b |
|
| 1 | | that, in addition to the hours required by this subsection, a | 2 | | permanent early voting polling place designated by an election | 3 | | authority under subsection (c) of Section 19A-10 must remain | 4 | | open for a total of at least 8 hours on any holiday during the | 5 | | early voting period and a total of at least 14 hours on the | 6 | | final weekend during the early voting period. For the 2014 | 7 | | general election, a permanent polling place for early voting | 8 | | must remain open during the hours of 8:30 a.m. to 4:30 p.m. or | 9 | | 9:00 a.m. to 5:00 p.m. on weekdays, except that beginning 8 | 10 | | days before election day, a permanent polling place for early | 11 | | voting must remain open during the hours of 8:30 a.m. to 7:00 | 12 | | p.m., or 9:00 a.m. to 7:00 p.m.. For the 2014 general election, | 13 | | a permanent polling place for early voting shall remain open | 14 | | during the hours of 9:00 a.m. to 12:00 p.m. on Saturdays and | 15 | | 10:00 a.m. to 4:00 p.m. on Sundays; except that, in addition to | 16 | | the hours required by this subsection (b), a permanent early | 17 | | voting place designated by an election authority under | 18 | | subsection (c) of Section 19A-10 must remain open for a total | 19 | | of at least 14 hours on the final weekend during the early | 20 | | voting period.
| 21 | | (c) Notwithstanding subsections (a) and (b), an election | 22 | | authority may close an early voting polling place if the | 23 | | building in which the polling place is located has been closed | 24 | | by the State or unit of local government in response to a | 25 | | severe weather emergency. In the event of a closure, the | 26 | | election authority shall conduct early voting on the 2nd day |
| | | HB0105 Enrolled | - 45 - | LRB098 02624 KMW 32629 b |
|
| 1 | | before election day from 8:30 a.m. to 4:30 p.m. or 9:00 a.m. to | 2 | | 5:00 p.m. The election authority shall notify the State Board | 3 | | of Elections of any closure and shall make reasonable efforts | 4 | | to provide notice to the public of the extended early voting | 5 | | period. | 6 | | (d) Notwithstanding subsections (a) and (b), in 2013 only, | 7 | | an election authority may close an early voting place on Good | 8 | | Friday, Holy Saturday, and Easter Sunday, provided that the | 9 | | early voting place remains open 2 hours later on April 3, 4, | 10 | | and 5 of 2013. The election authority shall notify the State | 11 | | Board of Elections of any closure and shall provide notice to | 12 | | the public of the closure and the extended hours during the | 13 | | final week. | 14 | | (Source: P.A. 97-81, eff. 7-5-11; 97-766, eff. 7-6-12; 98-4, | 15 | | eff. 3-12-13; 98-115, eff. 7-29-13.) | 16 | | (10 ILCS 5/19A-35)
| 17 | | Sec. 19A-35. Procedure for voting.
| 18 | | (a) Not more than 23 days before the start of the election, | 19 | | the county clerk
shall make available to the election official | 20 | | conducting early voting by
personal
appearance a sufficient | 21 | | number of early ballots, envelopes, and printed voting
| 22 | | instruction slips for the use of early voters. The election | 23 | | official shall
receipt for all ballots received and shall | 24 | | return unused or spoiled ballots at
the close of the early | 25 | | voting period to the county clerk and must strictly
account for |
| | | HB0105 Enrolled | - 46 - | LRB098 02624 KMW 32629 b |
|
| 1 | | all ballots received. The ballots delivered to the election
| 2 | | official must include early ballots for each precinct in the | 3 | | election
authority's jurisdiction and must include separate | 4 | | ballots for each political
subdivision conducting an election | 5 | | of officers or a referendum at that
election.
| 6 | | (b) In conducting early voting under this Article, the | 7 | | election judge or official is
required to verify the signature | 8 | | of the early voter by comparison with the
signature on the
| 9 | | official registration card, and the judge or official must | 10 | | verify (i) the identity
of the applicant, (ii) that the | 11 | | applicant is a registered voter, (iii) the
precinct in which | 12 | | the applicant is registered, and (iv) the proper ballots of
the | 13 | | political subdivision in which the applicant resides and is | 14 | | entitled to
vote before providing an early ballot to the | 15 | | applicant. Except for during the 2014 general election, the
The | 16 | | applicant's identity must be verified by the applicant's | 17 | | presentation of an Illinois driver's license, a non-driver | 18 | | identification card issued by the Illinois Secretary of State, | 19 | | a photo identification card issued by a university or college, | 20 | | or another government-issued identification document | 21 | | containing the applicant's photograph. The election judge or | 22 | | official
must verify the applicant's registration from the most | 23 | | recent poll list
provided by the
election authority, and if the | 24 | | applicant is not listed on that poll list, by
telephoning the | 25 | | office of the election authority.
| 26 | | (b-5) A person requesting an early voting ballot to whom an |
| | | HB0105 Enrolled | - 47 - | LRB098 02624 KMW 32629 b |
|
| 1 | | absentee ballot was issued may vote early if the person submits | 2 | | that absentee ballot to the judges of election or official | 3 | | conducting early voting for cancellation. If the voter is | 4 | | unable to submit the absentee ballot, it shall be sufficient | 5 | | for the voter to submit to the judges or official (i) a portion | 6 | | of the absentee ballot if the absentee ballot was torn or | 7 | | mutilated or (ii) an affidavit executed before the judges or | 8 | | official specifying that (A) the voter never received an | 9 | | absentee ballot or (B) the voter completed and returned an | 10 | | absentee ballot and was informed that the election authority | 11 | | did not receive that absentee ballot. | 12 | | (b-10) Within one day after a voter casts an early voting | 13 | | ballot, the election authority shall transmit the voter's name, | 14 | | street address, and precinct, ward, township, and district | 15 | | numbers, as the case may be, to the State Board of Elections, | 16 | | which shall maintain those names and that information in an | 17 | | electronic format on its website, arranged by county and | 18 | | accessible to State and local political committees. | 19 | | (b-15) Immediately after voting an early ballot, the voter | 20 | | shall be instructed whether the voting equipment accepted or | 21 | | rejected the ballot or identified that ballot as under-voted | 22 | | for a statewide constitutional office. A voter whose ballot is | 23 | | identified as under-voted may return to the voting booth and | 24 | | complete the voting of that ballot. A voter whose early voting | 25 | | ballot is not accepted by the voting equipment may, upon | 26 | | surrendering the ballot, request and vote another early voting |
| | | HB0105 Enrolled | - 48 - | LRB098 02624 KMW 32629 b |
|
| 1 | | ballot. The voter's surrendered ballot
shall be initialed by | 2 | | the election judge or official conducting the early voting and | 3 | | handled as provided in the appropriate
Article governing the | 4 | | voting equipment used.
| 5 | | (c) The sealed early ballots in their carrier envelope | 6 | | shall be delivered by
the election authority to the central | 7 | | ballot counting location before the close of the
polls on the | 8 | | day of the election.
| 9 | | (Source: P.A. 95-699, eff. 11-9-07; 96-317, eff. 1-1-10.) | 10 | | Section 905. The School Code is amended by changing Section | 11 | | 9-11.1 as follows:
| 12 | | (105 ILCS 5/9-11.1) (from Ch. 122, par. 9-11.1)
| 13 | | Sec. 9-11.1.
The county clerk or the board of election | 14 | | commissioners, as the case may be, of the jurisdiction in which | 15 | | the principal office of the school district is located local | 16 | | election official shall conduct a lottery to
determine the | 17 | | ballot order of candidates for full terms in the event of
any | 18 | | simultaneous petition filings. Such candidate lottery shall be | 19 | | conducted as follows:
| 20 | | All petitions filed by persons waiting in line as of 8:00 | 21 | | a.m. on the
first day for filing, or as of the normal opening | 22 | | hour of the office
involved on such day, shall be deemed | 23 | | simultaneously filed as of 8:00 a.m.
or the normal opening | 24 | | hour, as the case may be. Petitions filed by mail
and received |
| | | HB0105 Enrolled | - 49 - | LRB098 02624 KMW 32629 b |
|
| 1 | | after midnight of the first day for filing and in the first
| 2 | | mail delivery or pickup of that day shall be deemed | 3 | | simultaneously filed
as of 8:00 a.m. of that day or as of the | 4 | | normal opening hour of such day,
as the case may be. All | 5 | | petitions received thereafter shall be deemed
filed in the | 6 | | order of actual receipt. However, 2 or more petitions filed | 7 | | within the last hour of the filing deadline shall be deemed | 8 | | filed simultaneously.
| 9 | | Where 2 or more petitions are received simultaneously for | 10 | | the same office
as of 8:00 a.m. on the first day for petition | 11 | | filing, or as of the normal
opening hour of the office of the | 12 | | county clerk or the board of election commissioners, as the | 13 | | case may be, the county clerk or the board of election | 14 | | commissioners local election official, the local
election | 15 | | official with whom such petitions are filed shall break ties | 16 | | and
determine the order of filing by means of a lottery or | 17 | | other fair and
impartial method of random selection. Such | 18 | | lottery shall be conducted
within 9 days following the last day | 19 | | for petition filing and shall be open
to the public. Seven days | 20 | | written notice of the time and place of conducting
such random | 21 | | selection shall be given
by the county clerk or the board of | 22 | | election commissioners local election official to all | 23 | | candidates who filed their petitions
simultaneously and to each | 24 | | organization of citizens within the election
jurisdiction | 25 | | which was entitled, under the general election law, at the
next | 26 | | preceding election, to have pollwatchers present on
the day of |
| | | HB0105 Enrolled | - 50 - | LRB098 02624 KMW 32629 b |
|
| 1 | | election. The county clerk or the board of election | 2 | | commissioners local election official shall post in a
| 3 | | conspicuous, open and public place, at the entrance of his or | 4 | | her office,
notice of the time and place of such lottery.
| 5 | | All candidates shall be certified in the order in which | 6 | | their petitions
have been filed and in the manner prescribed by | 7 | | Section 10-15 of the
general election law. Where candidates | 8 | | have filed simultaneously, they
shall be certified in the order | 9 | | prescribed by this Section and prior to
candidates who filed | 10 | | for the same office at a later time.
| 11 | | Where elections are conducted for unexpired terms, a second | 12 | | lottery to
determine ballot order shall be conducted for | 13 | | candidates who simultaneously
file petitions for such | 14 | | unexpired terms. Such lottery shall be conducted
in the same | 15 | | manner as prescribed by this Section for full term candidates.
| 16 | | (Source: P.A. 84-1338.)
| 17 | | Section 997. Severability. If any provision of this Act or | 18 | | its
application to any person or circumstance is held invalid, | 19 | | the invalidity
of that provision or application does not affect | 20 | | other provisions or
applications of this Act that can be given | 21 | | effect without the invalid
provision or application. | 22 | | Section 999. Effective date. This Act takes effect upon | 23 | | becoming law. |
|