Full Text of HB3635 94th General Assembly
HB3635 94TH GENERAL ASSEMBLY
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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 HB3635
Introduced 2/24/2005, by Rep. John D'Amico SYNOPSIS AS INTRODUCED: |
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5 ILCS 20/7 |
from Ch. 1, par. 109 |
10 ILCS 5/21-2 |
from Ch. 46, par. 21-2 |
10 ILCS 5/22-1 |
from Ch. 46, par. 22-1 |
10 ILCS 5/22-3 |
from Ch. 46, par. 22-3 |
10 ILCS 5/22-7 |
from Ch. 46, par. 22-7 |
10 ILCS 5/22-17 |
from Ch. 46, par. 22-17 |
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Amends the Illinois Constitutional Amendment Act and the Election Code. Changes various canvassing periods for the State Board of Elections and local election authorities following elections. Shortens the period after an election in which the winner of a tied race must be determined by lot. Requires election authorities to deliver certificates of results of public question votes to the county canvassing board within 48 hours of receiving the returns. Effective immediately.
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A BILL FOR
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HB3635 |
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| AN ACT concerning elections.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Illinois Constitutional Amendment Act is | 5 |
| amended by changing Section 7 as follows:
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| (5 ILCS 20/7) (from Ch. 1, par. 109)
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| Sec. 7. The State Board of Elections created by The | 8 |
| Election Code shall
proceed, within 22
20 days after the | 9 |
| election and sooner if all the returns
are received, to canvass | 10 |
| the votes given for and against said amendment
or amendments, | 11 |
| as shown by said abstracts, and if it appears that a
majority | 12 |
| of the electors voting in the election or 3/5 of the electors
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| voting on any such proposed amendment have voted for the | 14 |
| proposed
amendment or amendments, the same shall by said board | 15 |
| be declared
adopted, and become a part of the constitution of | 16 |
| this state, and the
governor shall cause proclamation to be | 17 |
| made of the result of the vote,
and that said amendment has | 18 |
| become a part of the constitution, by
publication in at least 2 | 19 |
| newspapers published at the seat of
government.
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| (Source: P.A. 77-2790.)
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| Section 10. The Election Code is amended by changing | 22 |
| Sections 21-2, 22-1, 22-3, 22-7, and 22-17 as follows:
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| (10 ILCS 5/21-2) (from Ch. 46, par. 21-2)
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| Sec. 21-2. The county clerks of the several counties shall, | 25 |
| within 15
21 days
next after holding the election named in | 26 |
| subsection (1) of Section 2A-1.2 and
Section 2A-2 make 2 copies | 27 |
| of the abstract of the votes cast for electors by
each | 28 |
| political party or group, as indicated by the voter, as | 29 |
| aforesaid, by a
cross in the square to the left of the bracket | 30 |
| aforesaid, or as indicated
by a cross in the appropriate place |
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| preceding the appellation or title of
the particular political | 2 |
| party or group, and transmit by mail one of the
copies to the | 3 |
| office of the State Board of Elections and retain the other
in | 4 |
| his office, to be sent for by the electoral board in case the | 5 |
| other
should be mislaid. Within 31 days after the holding of | 6 |
| such election, and
sooner if all the returns are received by | 7 |
| the State Board of Elections, the
State Board of Election, | 8 |
| shall proceed to open and canvass said election
returns and to | 9 |
| declare which set of candidates for President and
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| Vice-President received, as aforesaid, the highest number of | 11 |
| votes cast at
such election as aforesaid; and the electors of | 12 |
| that party whose candidates
for President and Vice-President | 13 |
| received the highest number of votes so
cast shall be taken and | 14 |
| deemed to be elected as electors of President and
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| Vice-President, but should 2 or more sets of candidates for | 16 |
| President and
Vice-President be returned with an equal and the | 17 |
| highest vote, the State
Board of Elections shall cause a notice | 18 |
| of the same to be published, which
notice shall name some day | 19 |
| and place, not less than 5 days from the time of
such | 20 |
| publication of such notice, upon which the State Board of | 21 |
| Elections
will decide by lot which of the sets of candidates | 22 |
| for President and
Vice-President so equal and highest shall be | 23 |
| declared to be highest. And
upon the day and at the place so | 24 |
| appointed in the notice, the board shall
so decide by lot and | 25 |
| declare which is deemed highest of the sets of
candidates for | 26 |
| President and Vice-President so equal and highest, thereby
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| determining only that the electors chosen as aforesaid by such | 28 |
| candidates'
party or group are thereby elected by general | 29 |
| ticket to be such electors.
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| (Source: P.A. 93-847, eff. 7-30-04.)
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| (10 ILCS 5/22-1)
(from Ch. 46, par. 22-1)
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| Sec. 22-1. Abstracts of votes. Within 15
21 days after the
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| close of the
election at which candidates for offices | 34 |
| hereinafter named in this Section are
voted upon, the county | 35 |
| clerks of the respective counties, with the assistance
of the |
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| chairmen of the county central committees of the Republican and
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| Democratic parties of the county, shall open the returns and | 3 |
| make abstracts of
the votes on a separate sheet for each of the | 4 |
| following:
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| A. For Governor and Lieutenant Governor;
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| B. For State officers;
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| C. For presidential electors;
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| D. For United States Senators and Representatives to | 9 |
| Congress;
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| E. For judges of the Supreme Court;
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| F. For judges of the Appellate Court;
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| G. For judges of the circuit court;
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| H. For Senators and Representatives to the General | 14 |
| Assembly;
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| I. For State's Attorneys elected from 2 or more counties;
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| J. For amendments to the Constitution, and for other | 17 |
| propositions
submitted to the electors of the entire State;
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| K. For county officers and for propositions submitted to | 19 |
| the
electors of the county only;
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| L. For Regional Superintendent of Schools;
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| M. For trustees of Sanitary Districts; and
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| N. For Trustee of a Regional Board of School Trustees.
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| Multiple originals of each of the sheets shall be prepared | 24 |
| and one of
each shall be turned over to the chairman of the | 25 |
| county central
committee of each of the then existing | 26 |
| established political parties, as
defined in Section 10-2, or | 27 |
| his duly authorized representative
immediately after the | 28 |
| completion of the entries on the sheets and before
the totals | 29 |
| have been compiled.
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| The foregoing abstracts shall be preserved by the county | 31 |
| clerk in his office.
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| Whenever any county chairman is also county clerk or | 33 |
| whenever any
county chairman is unable to serve as a member of | 34 |
| such canvassing board
the vice-chairman or secretary of his | 35 |
| county central committee, in that
order, shall serve in his | 36 |
| place as member of such canvassing board;
provided, that if |
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| none of these persons is able to serve, the county
chairman may | 2 |
| appoint a member of his county central committee to serve
as a | 3 |
| member of such canvassing board.
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| The powers and duties of the county canvassing board are | 5 |
| limited to
those specified in this Section. In no event shall | 6 |
| such canvassing board
open any package in which the ballots | 7 |
| have been wrapped or any envelope
containing "defective" or | 8 |
| "objected to" ballots, or in any manner
undertake to examine | 9 |
| the ballots used in the election, except as
provided in Section | 10 |
| 22-9.1 or when directed by a court in an election
contest. Nor | 11 |
| shall such canvassing board call in the precinct judges of
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| election or any other persons to open or recount the ballots.
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| (Source: P.A. 93-847, eff. 7-30-04.)
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| (10 ILCS 5/22-3) (from Ch. 46, par. 22-3)
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| Sec. 22-3. When two (2) or more persons receive an equal | 16 |
| and the highest
number of votes for an office to be filled by | 17 |
| the county alone, the county
clerk shall issue a notice to such | 18 |
| persons of such tie vote, and require
them to appear at his | 19 |
| office, on a day named in the notice, no later than 15
21 days | 20 |
| following an election, and determine by lot which of them is to | 21 |
| be
declared elected.
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| (Source: P.A. 93-847, eff. 7-30-04.)
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| (10 ILCS 5/22-7)
(from Ch. 46, par. 22-7)
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| Sec. 22-7. Canvass of votes; declaration and proclamation | 25 |
| of result. The State Board of Elections, shall proceed within | 26 |
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31 days
after the election,
and sooner if all the returns | 27 |
| are received, to canvass the votes given
for United States | 28 |
| Senators and Representatives to Congress, State
executive | 29 |
| officers, judges of the Supreme Court, judges of the Appellate
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| Court, judges of the Circuit Court, Senators, Representatives | 31 |
| to the
General Assembly, State's Attorneys and Regional | 32 |
| Superintendents of Schools
elected from 2 or more counties, | 33 |
| respectively, and the persons
having the highest number of | 34 |
| votes for the respective offices shall be
declared duly |
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| elected, but if it appears that more than the number of
persons | 2 |
| to be elected have the highest and an equal number of votes for
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| the same office, the electoral board shall decide by lot which | 4 |
| of such
persons shall be elected; and to each person duly | 5 |
| elected, the Governor
shall give a certificate of election or | 6 |
| commission, as the case may
require, and shall cause | 7 |
| proclamation to be made of the result of the
canvass, and they | 8 |
| shall at the same time and in the same manner, canvass
the vote | 9 |
| cast upon amendments to the Constitution, and upon other
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| propositions submitted to the electors of the entire State; and | 11 |
| the
Governor shall cause to be made such proclamation of the | 12 |
| result of the
canvass as the statutes elsewhere provide. The | 13 |
| State Board of Elections
shall transmit to the State | 14 |
| Comptroller a list of the persons elected to
the various | 15 |
| offices. The State Board of Elections shall also transmit to
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| the Supreme Court the names of persons elected to judgeships in
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| adversary elections and the names of judges who fail to win | 18 |
| retention in
office.
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| (Source: P.A. 93-847, eff. 7-30-04.)
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| (10 ILCS 5/22-17)
(from Ch. 46, par. 22-17)
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| Sec. 22-17. (a) Except as provided in subsection (b),
the | 22 |
| canvass of votes cast at the nonpartisan and consolidated | 23 |
| elections
shall be conducted by the following canvassing boards | 24 |
| within 21 days
after the close of such elections:
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| 1. For city offices, by the mayor, the city attorney | 26 |
| and the city
clerk.
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| 2. For village and incorporated town offices, by the | 28 |
| president of
the board of trustees, one member of the board | 29 |
| of trustees, and the
village or incorporated town clerk.
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| 3. For township offices, by the township supervisor, | 31 |
| the eligible town
trustee elected in the township who has | 32 |
| the longest term of continuous
service as town trustee, and | 33 |
| the township clerk.
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| 4. For road district offices, by the highway | 35 |
| commissioner and the
road district clerk.
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| 5. For school district or community college district | 2 |
| offices, by the
school or community college district board.
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| 6. For special district elected offices, by the board | 4 |
| of the special
district.
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| 7. For multi-county educational service region | 6 |
| offices, by the
regional board of school trustees.
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| 8. For township trustee of schools or land | 8 |
| commissioner, by the
township trustees of schools or land | 9 |
| commissioners.
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| 9. For park district offices, by the president of the | 11 |
| park board, one
member of the board of park commissioners | 12 |
| and the secretary of the park
district.
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| 10. For multi-township assessment districts, by the | 14 |
| chairman,
clerk, and assessor of the multi-township | 15 |
| assessment district.
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| (b) The city canvassing board provided in Section 22-8 | 17 |
| shall canvass
the votes cast at the nonpartisan and | 18 |
| consolidated elections for offices
of any political | 19 |
| subdivision entirely within the jurisdiction of a
municipal | 20 |
| board of election commissioners.
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| (c) The canvass of votes cast upon any public questions | 22 |
| submitted to
the voters of any political subdivision, or any | 23 |
| precinct or combination of
precincts within a political | 24 |
| subdivision, at any regular election or at
any emergency | 25 |
| referendum election, including votes cast by voters
outside of | 26 |
| the political subdivision where the question is for
annexation | 27 |
| thereto, shall be canvassed by the same board provided for in
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| this Section for the canvass of votes of the officers of such | 29 |
| political
subdivision. However, referenda conducted throughout | 30 |
| a county and
referenda of sanitary districts whose officers are | 31 |
| elected at general
elections shall be canvassed by the county | 32 |
| canvassing board. The transmittal of the certificate of results | 33 |
| to the county canvassing board shall be subject to the same | 34 |
| timing requirements contained in Section 7-56(8) of this Code. | 35 |
| The votes
cast on a public question for the formation of a | 36 |
| political subdivision
shall be canvassed by the circuit court |
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| that ordered the question
submitted, or by such officers of the | 2 |
| court as may be appointed for such
purpose, except where in the | 3 |
| formation or reorganization of a school
district or districts | 4 |
| the regional superintendent of schools is
designated by law as | 5 |
| the canvassing official.
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| (d) The canvass of votes for offices of political | 7 |
| subdivisions cast
at special elections to fill vacancies held | 8 |
| on the day of any regular
election shall be conducted by the | 9 |
| canvassing board which is responsible
for canvassing the votes | 10 |
| at the regularly scheduled election for such office.
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| (Source: P.A. 93-847, eff. 7-30-04.)
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| Section 99. Effective date. This Act takes effect upon | 13 |
| becoming law.
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