Full Text of HB5787 99th General Assembly
HB5787 99TH GENERAL ASSEMBLY |
| | 99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016 HB5787 Introduced , by Rep. Jeanne M Ives SYNOPSIS AS INTRODUCED: |
| 10 ILCS 5/1A-16.8 | | 10 ILCS 5/4-50 | | 10 ILCS 5/5-23 | from Ch. 46, par. 5-23 | 10 ILCS 5/5-50 | | 10 ILCS 5/6-53 | from Ch. 46, par. 6-53 | 10 ILCS 5/6-100 | | 10 ILCS 5/10-8 | from Ch. 46, par. 10-8 | 10 ILCS 5/19-8 | from Ch. 46, par. 19-8 | 10 ILCS 5/19A-10 | | 10 ILCS 5/20-8 | from Ch. 46, par. 20-8 |
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Amends the Election Code. Makes changes to provisions concerning the processing of ballots, challenging petitions, election-day and grace period registration, provisional ballots, and municipal and township early voting. Creates a pilot program for DuPage County that allows the election authority to obtain driver's license pictures to help verify a voter's identity. Effective immediately.
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| | A BILL FOR |
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| 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 5. The Election Code is amended by changing | 5 | | Sections 1A-16.8, 4-50, 5-23, 5-50, 6-53, 6-100, 10-8, 19-8, | 6 | | 19A-10, and 20-8 as follows: | 7 | | (10 ILCS 5/1A-16.8) | 8 | | Sec. 1A-16.8. Automatic transfer of registration based | 9 | | upon information from the National Change of Address database. | 10 | | The State Board of Elections shall cross-reference the | 11 | | statewide voter registration database against the United | 12 | | States Postal Service's National Change of Address database | 13 | | twice each calendar year, April 15 and October 1 in | 14 | | odd-numbered years and April 15 and December 1 in even-numbered | 15 | | years, and shall share the findings with the election | 16 | | authorities. An election authority shall automatically | 17 | | register any voter who has moved into its jurisdiction from | 18 | | another jurisdiction in Illinois or has moved within its | 19 | | jurisdiction provided that: | 20 | | (1) the election authority whose jurisdiction includes | 21 | | the new registration address provides the voter an | 22 | | opportunity to reject the change in registration address | 23 | | through a mailing, sent by non-forwardable mail, to the new |
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| 1 | | registration address, and | 2 | | (2) when the election authority whose jurisdiction | 3 | | includes the previous registration address is a different | 4 | | election authority, then that election authority provides | 5 | | the same opportunity through a mailing, sent by forwardable | 6 | | mail, to the previous registration address. | 7 | | This change in registration shall trigger the same | 8 | | inter-jurisdictional or intra-jurisdictional workflows as if | 9 | | the voter completed a new registration card, including the | 10 | | cancellation of the voter's previous registration. Should the | 11 | | registration of a voter be changed from one address to another | 12 | | within the State and should the voter appear at the polls and | 13 | | offer to vote from the prior registration address, attesting | 14 | | that the prior registration address is the true current | 15 | | address, the voter, if confirmed by the election authority as | 16 | | having been registered at the prior registration address and | 17 | | canceled only by the process authorized by this Section, shall | 18 | | be issued a regular ballot, and the change of registration | 19 | | address shall be canceled. If the election authority is unable | 20 | | to immediately confirm the registration, the voter shall be | 21 | | issued a provisional ballot upon confirming the voter's | 22 | | registration and the provisional ballot shall be counted .
| 23 | | (Source: P.A. 98-1171, eff. 6-1-15 .) | 24 | | (10 ILCS 5/4-50) | 25 | | Sec. 4-50. Grace period. Notwithstanding any other |
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| 1 | | provision of this
Code to the contrary, each election authority | 2 | | shall
establish procedures for the registration of voters and | 3 | | for change of address during the period from the close of
| 4 | | registration for an election until and including the day of the | 5 | | election. During this grace period, an unregistered qualified
| 6 | | elector may
register to vote, and a registered voter may submit | 7 | | a change of address form, in person in the office of the | 8 | | election
authority, at a permanent polling place established | 9 | | under Section 19A-10, at any other early voting site beginning | 10 | | 15 days prior to the election, at a permanent polling place on | 11 | | election day, or at a voter registration location specifically | 12 | | designated for this
purpose by the election authority. The | 13 | | election authority shall
register that individual, or change a | 14 | | registered voter's address, in the same manner as otherwise | 15 | | provided by this Article for registration and change of | 16 | | address. | 17 | | If a voter who registers or changes address during this | 18 | | grace period wishes to vote at the election or primary | 19 | | occurring during the grace period, he or she must do so by | 20 | | grace period voting. The election authority shall offer | 21 | | in-person grace period voting at the authority's office, any | 22 | | permanent polling place established under Section 19A-10, and | 23 | | at any other early voting site beginning 15 days prior to the | 24 | | election, at a polling place on election day, where grace | 25 | | period registration is required by this Section; and may offer | 26 | | in-person grace period voting at additional hours and locations |
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| 1 | | specifically designated for the purpose of grace period voting | 2 | | by the election authority. The election authority may allow | 3 | | grace period voting by mail only if the election authority has | 4 | | no ballots prepared at the authority's office. Grace period | 5 | | voting shall be in a manner substantially similar to voting | 6 | | under Article 19A. | 7 | | Within one day after a voter casts a grace period ballot, | 8 | | or within one day after the ballot is received by the election | 9 | | authority if the election authority allows grace period voting | 10 | | by mail, the election authority shall transmit by electronic | 11 | | means pursuant to a process established by the State Board of | 12 | | Elections the voter's name, street address, e-mail address, and | 13 | | precinct, ward, township, and district numbers, as the case may | 14 | | be, to the State Board of Elections, which shall maintain those | 15 | | names and that information in an electronic format on its | 16 | | website, arranged by county and accessible to State and local | 17 | | political committees. The name of each person issued a grace | 18 | | period ballot shall also be placed on the appropriate precinct | 19 | | list of persons to whom vote by mail and early ballots have | 20 | | been issued, for use as provided in Sections 17-9 and 18-5. | 21 | | A person who casts a grace period ballot shall not be | 22 | | permitted to revoke that ballot and vote another ballot with | 23 | | respect to that primary or election. Ballots cast by persons | 24 | | who register or change address during the grace period at a | 25 | | location other than their designated polling place on election | 26 | | day must be transmitted to and counted at the election |
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| 1 | | authority's central ballot counting location and shall not be | 2 | | transmitted to and counted at precinct polling places.
The | 3 | | grace period ballots determined to be valid shall be added to | 4 | | the vote totals for the precincts for which they were cast in | 5 | | the order in which the ballots were opened. | 6 | | In counties with a population of less than 100,000 that do | 7 | | not have electronic poll books, the election authority may opt | 8 | | out of registration in the polling place if the election | 9 | | authority establishes grace period registration and voting at | 10 | | other sites on election day at the following sites: (i) the | 11 | | election authority's main office and (ii) a polling place in | 12 | | each municipality where 20% or more of the county's residents | 13 | | reside if the election authority's main office is not located | 14 | | in that municipality. The election authority may establish | 15 | | other grace period registration and voting sites on election | 16 | | day provided that the election authority has met the notice | 17 | | requirements of Section 19A-25 for permanent and temporary | 18 | | early voting sites.
| 19 | | (Source: P.A. 97-766, eff. 7-6-12; 98-115, eff. 7-29-13; | 20 | | 98-691, eff. 7-1-14; 98-1171, eff. 6-1-15 .)
| 21 | | (10 ILCS 5/5-23) (from Ch. 46, par. 5-23)
| 22 | | Sec. 5-23. Any registered voter who changes his residence | 23 | | from one address,
number or place to another within the same | 24 | | county wherein this Article 5
is in effect, may have his | 25 | | registration transferred to his new address by
making and |
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| 1 | | signing an application for such change of residence upon a form
| 2 | | to be provided by the county clerk. Such application must be | 3 | | made to the
office of the county clerk. In case the person is | 4 | | unable to sign his name
the county clerk shall require such | 5 | | person to execute the request in the
presence of the county | 6 | | clerk or of his properly authorized representative,
by his | 7 | | mark, and if satisfied of the identity of the person, the | 8 | | county
clerk shall make the transfer.
| 9 | | Upon receipt of such application, the county clerk, or one | 10 | | of his employees
deputized to take registrations shall cause | 11 | | the signature of the voter and
the data appearing upon the | 12 | | application to be compared with the signature
and data on the | 13 | | registration record, and if it appears that the applicant
is | 14 | | the same person as the party previously registered under that | 15 | | name the
transfer shall be made. Notwithstanding any other | 16 | | provision of law to the contrary, the Board of Elections shall, | 17 | | by rule, create a pilot program for DuPage County that allows | 18 | | election authorities to obtain the photograph and signature | 19 | | from a voter's driver's license on file with the Secretary of | 20 | | State to compare with the voter's signature and to confirm that | 21 | | the person presenting themselves as the registered voter is the | 22 | | same person pictured on such license. The pictures obtained | 23 | | from the Secretary of State shall be affixed to the voter's | 24 | | poll book to aide in the visual identification of the voter. | 25 | | Registered voters shall, by rule, be allowed the option to | 26 | | opt-in to having their picture checked to ensure greater voter |
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| 1 | | confidence and guarantee that no voter's vote is stolen. The | 2 | | Board of Elections shall establish this pilot program before | 3 | | the 2016 general election.
| 4 | | Transfer of registration under the provisions of this | 5 | | section may not be
made within the period when the county | 6 | | clerk's office is closed to registration
prior to an election | 7 | | at which such voter would be entitled to vote.
| 8 | | Any registered voter who changes his or her name by | 9 | | marriage or
otherwise, shall be required to register anew and | 10 | | authorize the
cancellation of the previous registration; | 11 | | provided, however, that if
the change of name takes place | 12 | | within a period during which such new
registration cannot be | 13 | | made, next preceding any election or primary, the
elector may, | 14 | | if otherwise qualified, vote upon making the following
| 15 | | affidavit before the judges of election:
| 16 | | I do solemnly swear that I am the same person now | 17 | | registered in the
.... precinct of the .... ward of the city of | 18 | | .... or .... District Town
of .... under the name of .... and | 19 | | that I still reside in said precinct
or district.
| 20 | | (Signed) ....
| 21 | | If the voter whose name has changed still resides in the | 22 | | same precinct, the voter may vote after making the affidavit at | 23 | | the polling place regardless of when the change of name | 24 | | occurred. In that event, the affidavit shall not state that the | 25 | | voter is required to register; the affidavit shall be treated | 26 | | by the election authority as authorization to cancel the |
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| 1 | | registration under the former name, and the election authority | 2 | | shall register the voter under his or her current name.
| 3 | | Suitable forms for this purpose shall be provided by the | 4 | | county clerk. The form
in all cases shall be similar to the | 5 | | form furnished by the county clerk
for county and state | 6 | | elections.
| 7 | | The precinct election officials shall report to the county | 8 | | clerk the names
and addresses of all such persons who have | 9 | | changed their addresses and voted.
The city, village, town and | 10 | | incorporated town clerks shall within five days
after every | 11 | | election report to the county clerk the names and addresses
of | 12 | | the persons reported to them as having voted by affidavit as in | 13 | | this
Section provided.
| 14 | | The county clerk may obtain information from utility | 15 | | companies, city,
village, town and incorporated town records, | 16 | | the post office or from
other sources regarding the removal of | 17 | | registered voters and notify such
voters that a transfer of | 18 | | registration may be made in the manner
provided by this | 19 | | Section.
| 20 | | If any person be registered by error in a precinct other | 21 | | than that in
which he resides the county clerk shall be | 22 | | empowered to transfer his
registration to the proper precinct.
| 23 | | Where a revision or rearrangement of precincts is made by | 24 | | the board
of county commissioners, the county clerk shall | 25 | | immediately transfer to
the proper precinct the registration of | 26 | | any voter affected by such
revision or rearrangement of the |
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| 1 | | precincts; make the proper notations on
the registration cards | 2 | | of a voter affected by the revision of
registration and shall | 3 | | notify the registrant of such change.
| 4 | | (Source: P.A. 94-645, eff. 8-22-05.)
| 5 | | (10 ILCS 5/5-50) | 6 | | Sec. 5-50. Grace period. Notwithstanding any other | 7 | | provision of this
Code to the contrary, each election authority | 8 | | shall
establish procedures for the registration of voters and | 9 | | for change of address during the period from the close of
| 10 | | registration for an election until and including the day of the | 11 | | election. During this grace period, an unregistered qualified
| 12 | | elector may
register to vote, and a registered voter may submit | 13 | | a change of address form, in person in the office of the | 14 | | election
authority, at a permanent polling place established | 15 | | under Section 19A-10, at any other early voting site beginning | 16 | | 15 days prior to the election, at a permanent polling place on | 17 | | election day, or at a voter registration location specifically | 18 | | designated for this
purpose by the election authority. The | 19 | | election authority shall
register that individual, or change a | 20 | | registered voter's address, in the same manner as otherwise | 21 | | provided by this Article for registration and change of | 22 | | address. | 23 | | If a voter who registers or changes address during this | 24 | | grace period wishes to vote at the election or primary | 25 | | occurring during the grace period, he or she must do so by |
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| 1 | | grace period voting. The election authority shall offer | 2 | | in-person grace period voting at his or her office, any | 3 | | permanent polling place established under Section 19A-10, and | 4 | | at any other early voting site beginning 15 days prior to the | 5 | | election, at a polling place on election day, where grace | 6 | | period registration is required by this Section; and may offer | 7 | | in-person grace period voting at additional hours and locations | 8 | | specifically designated for the purpose of grace period voting | 9 | | by the election authority. The election authority may allow | 10 | | grace period voting by mail only if the election authority has | 11 | | no ballots prepared at the authority's office. Grace period | 12 | | voting shall be in a manner substantially similar to voting | 13 | | under Article 19A. | 14 | | Within one day after a voter casts a grace period ballot, | 15 | | or within one day after the ballot is received by the election | 16 | | authority if the election authority allows grace period voting | 17 | | by mail, the election authority shall transmit by electronic | 18 | | means pursuant to a process established by the State Board of | 19 | | Elections the voter's name, street address, e-mail address, and | 20 | | precinct, ward, township, and district numbers, as the case may | 21 | | be, to the State Board of Elections, which shall maintain those | 22 | | names and that information in an electronic format on its | 23 | | website, arranged by county and accessible to State and local | 24 | | political committees. The name of each person issued a grace | 25 | | period ballot shall also be placed on the appropriate precinct | 26 | | list of persons to whom vote by mail and early ballots have |
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| 1 | | been issued, for use as provided in Sections 17-9 and 18-5. | 2 | | A person who casts a grace period ballot shall not be | 3 | | permitted to revoke that ballot and vote another ballot with | 4 | | respect to that primary or election. Ballots cast by persons | 5 | | who register or change address during the grace period at a | 6 | | location other than their designated polling place on election | 7 | | day must be transmitted to and counted at the election | 8 | | authority's central ballot counting location and shall not be | 9 | | transmitted to and counted at precinct polling places. The | 10 | | grace period ballots determined to be valid shall be added to | 11 | | the vote totals for the precincts for which they were cast in | 12 | | the order in which the ballots were opened.
| 13 | | In counties with a population of less than 100,000 that do | 14 | | not have electronic poll books, the election authority may opt | 15 | | out of registration in the polling place if the election | 16 | | authority establishes grace period registration and voting at | 17 | | other sites on election day at the following sites: (i) the | 18 | | election authority's main office and (ii) a polling place in | 19 | | each municipality where 20% or more of the county's registered | 20 | | voters residents reside if the election authority's main office | 21 | | is not located in that municipality. The election authority may | 22 | | establish other grace period registration and voting sites on | 23 | | election day provided that the election authority has met the | 24 | | notice requirements of Section 19A-25 for permanent and | 25 | | temporary early voting sites.
| 26 | | (Source: P.A. 97-766, eff. 7-6-12; 98-115, eff. 7-29-13; |
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| 1 | | 98-691, eff. 7-1-14; 98-1171, eff. 6-1-15 .)
| 2 | | (10 ILCS 5/6-53) (from Ch. 46, par. 6-53)
| 3 | | Sec. 6-53.
Any registered elector who changes his residence | 4 | | from one
address number or place to another within the same | 5 | | precinct, city or
village or incorporated town, may have his | 6 | | registration transferred to his
new address by making and | 7 | | signing an application for such change of
residence address | 8 | | upon a form to be provided by such board of election
| 9 | | commissioners. Such application may be made to the office of | 10 | | such board or
at any place designated in accordance with | 11 | | Section 6-51 of this Article.
| 12 | | Upon receipt of such application the board of election | 13 | | commissioners or
officer, employee or deputy registrar | 14 | | designated by such board shall cause
the signature of the voter | 15 | | and the data appearing upon the application to
be compared with | 16 | | the signature and data on the registration record, and if
it | 17 | | appears that the applicant is the same person as the party | 18 | | previously
registered under that name, the transfer shall be | 19 | | made. In case the person
is unable to sign his name the board | 20 | | of election commissioners shall
require such person to execute | 21 | | the request in the presence of the board or
of its properly | 22 | | authorized representative, by his mark, and if satisfied of
the | 23 | | identity of the person, the board of election commissioners | 24 | | shall make
the transfer. The person in charge of the | 25 | | registration shall draw a line
through the last address, ward |
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| 1 | | and precinct number on the original and
duplicate and write the | 2 | | new address, ward and precinct number on the
original and | 3 | | duplicate registration records. Notwithstanding any other | 4 | | provision of law to the contrary, the Board of Elections shall, | 5 | | by rule, create a pilot program for DuPage County that allows | 6 | | election authorities to obtain the photograph and signature | 7 | | from a voter's driver's license on file with the Secretary of | 8 | | State to compare with the voter's signature and to confirm that | 9 | | the person presenting themselves as the registered voter is the | 10 | | same person pictured on such license. The pictures obtained | 11 | | from the Secretary of State shall be affixed to the voter's | 12 | | poll book to aide in the visual identification of the voter. | 13 | | Registered voters shall, by rule, be allowed the option to | 14 | | opt-in to having their picture checked to ensure greater voter | 15 | | confidence and guarantee that no voter's vote is stolen. The | 16 | | Board of Elections shall establish this pilot program before | 17 | | the 2016 general election.
| 18 | | Any registered elector may transfer his registration only | 19 | | at any such
time as is provided by this Article for the | 20 | | registration of voters at the
office of the board. When a | 21 | | removal of a registered voter takes place from
one address to | 22 | | another within the same precinct within a period during
which | 23 | | such transfer of registration cannot be made, before any | 24 | | election or
primary, he shall be entitled to vote upon | 25 | | presenting to the judges of
election an affidavit of a change | 26 | | and having said affidavit supported by
the affidavit of a |
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| 1 | | qualified voter who is a householder in the same
precinct. | 2 | | Suitable forms for this purpose shall be provided by the board | 3 | | of
election commissioners whose duty it is to conduct the | 4 | | election; and
thereupon the precinct election officials shall | 5 | | report to the board of
election commissioners the names of all | 6 | | such persons who have changed their
address and voted.
| 7 | | The board of election commissioners may obtain information | 8 | | from utility
companies, city records, the post office or from | 9 | | other sources regarding
the removal of registered voters, and | 10 | | notify such voters that a transfer of
registration may be made | 11 | | in the manner provided by this section.
| 12 | | If any person be registered by error in a precinct other | 13 | | than that in
which he resides, a transfer of registration to | 14 | | the precinct in which he
resides may be made in the manner | 15 | | provided by this section.
| 16 | | Where a revision or rearrangement of precincts is made by | 17 | | the board of
election commissioners under the power conferred | 18 | | by Section 11-3 of
Article 11 of this Act, such board shall | 19 | | immediately transfer to the proper
precinct the registration of | 20 | | any voter affected by such revision or
rearrangement of | 21 | | precincts; make the proper notations on the cards in the
master | 22 | | and precinct files; and shall notify the registrant of such | 23 | | change.
| 24 | | (Source: Laws 1967, p. 3449 .)
| 25 | | (10 ILCS 5/6-100) |
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| 1 | | Sec. 6-100. Grace period. Notwithstanding any other | 2 | | provision of this
Code to the contrary, each election authority | 3 | | shall
establish procedures for the registration of voters and | 4 | | for change of address during the period from the close of
| 5 | | registration for an election until and including the day of the | 6 | | election. During this grace period, an unregistered qualified
| 7 | | elector may
register to vote, and a registered voter may submit | 8 | | a change of address form, in person in the office of the | 9 | | election
authority, at a permanent polling place established | 10 | | under Section 19A-10, at any other early voting site beginning | 11 | | 15 days prior to the election, at a permanent polling place on | 12 | | election day, or at a voter registration location specifically | 13 | | designated for this
purpose by the election authority. The | 14 | | election authority shall
register that individual, or change a | 15 | | registered voter's address, in the same manner as otherwise | 16 | | provided by this Article for registration and change of | 17 | | address. | 18 | | If a voter who registers or changes address during this | 19 | | grace period wishes to vote at the election or primary | 20 | | occurring during the grace period. The election authority shall | 21 | | offer in-person grace period voting at the authority's office, | 22 | | any permanent polling place established under Section 19A-10, | 23 | | and at any other early voting site beginning 15 days prior to | 24 | | the election, at a polling place on election day, where grace | 25 | | period registration is required by this Section; and may offer | 26 | | in-person grace period voting at additional hours and locations |
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| 1 | | specifically designated for the purpose of grace period voting | 2 | | by the election authority. The election authority may allow | 3 | | grace period voting by mail only if the election authority has | 4 | | no ballots prepared at the authority's office. Grace period | 5 | | voting shall be in a manner substantially similar to voting | 6 | | under Article 19A. | 7 | | Within one day after a voter casts a grace period ballot, | 8 | | or within one day after the ballot is received by the election | 9 | | authority if the election authority allows grace period voting | 10 | | by mail, the election authority shall transmit by electronic | 11 | | means pursuant to a process established by the State Board of | 12 | | Elections the voter's name, street address, e-mail address, and | 13 | | precinct, ward, township, and district numbers, as the case may | 14 | | be, to the State Board of Elections, which shall maintain those | 15 | | names and that information in an electronic format on its | 16 | | website, arranged by county and accessible to State and local | 17 | | political committees. The name of each person issued a grace | 18 | | period ballot shall also be placed on the appropriate precinct | 19 | | list of persons to whom vote by mail and early ballots have | 20 | | been issued, for use as provided in Sections 17-9 and 18-5. | 21 | | A person who casts a grace period ballot shall not be | 22 | | permitted to revoke that ballot and vote another ballot with | 23 | | respect to that primary or election. Ballots cast by persons | 24 | | who register or change address during the grace period at a | 25 | | location other than their designated polling place on election | 26 | | day must be transmitted to and counted at the election |
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| 1 | | authority's central ballot counting location and shall not be | 2 | | transmitted to and counted at precinct polling places. The | 3 | | grace period ballots determined to be valid shall be added to | 4 | | the vote totals for the precincts for which they were cast in | 5 | | the order in which the ballots were opened. | 6 | | In counties with a population of less than 100,000 that do | 7 | | not have electronic poll books, the election authority may opt | 8 | | out of registration in the polling place if the election | 9 | | authority establishes grace period registration and voting at | 10 | | other sites on election day at the following sites: (i) the | 11 | | election authority's main office and (ii) a polling place in | 12 | | each municipality where 20% or more of the county's registered | 13 | | voters residents reside if the election authority's main office | 14 | | is not located in that municipality. The election authority may | 15 | | establish other grace period registration and voting sites on | 16 | | election day provided that the election authority has met the | 17 | | notice requirements of Section 19A-25 for permanent and | 18 | | temporary early voting sites.
| 19 | | (Source: P.A. 97-766, eff. 7-6-12; 98-115, eff. 7-29-13; | 20 | | 98-691, eff. 7-1-14; 98-1171, eff. 6-1-15 .)
| 21 | | (10 ILCS 5/10-8) (from Ch. 46, par. 10-8)
| 22 | | Sec. 10-8.
Certificates of nomination and nomination | 23 | | papers, and
petitions to submit public questions to a | 24 | | referendum, being filed as
required by this Code, and being in | 25 | | apparent conformity with the
provisions of this Act, shall be |
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| 1 | | deemed to be valid unless objection
thereto is duly made in | 2 | | writing within 5 business days after the last day for
filing | 3 | | the certificate of nomination or nomination papers or petition
| 4 | | for a public question, with the following exceptions:
| 5 | | A. In the case of petitions to amend Article IV of the
| 6 | | Constitution of the State of Illinois, there shall be a | 7 | | period of 35
business days after the last day for the | 8 | | filing of such
petitions in which objections can be filed.
| 9 | | B. In the case of petitions for advisory questions of | 10 | | public policy to be
submitted to the voters of the entire | 11 | | State, there shall be a period of
35 business days after | 12 | | the last day for the filing of such
petitions in which | 13 | | objections can be filed.
| 14 | | Any legal voter of the political subdivision or district in | 15 | | which the
candidate or public question is to be voted on, or | 16 | | any legal voter in
the State in the case of a proposed | 17 | | amendment to Article IV of the
Constitution or an advisory | 18 | | public question to be submitted to the
voters of the entire | 19 | | State, having objections to any certificate of nomination
or | 20 | | nomination papers or petitions filed, shall file an objector's | 21 | | petition
together with 2 copies thereof in the principal office | 22 | | or the permanent branch
office of the State Board of Elections, | 23 | | or in the office of the election
authority or local election | 24 | | official with whom the certificate of
nomination, nomination | 25 | | papers or petitions are on file. Objection petitions that do | 26 | | not include 2 copies thereof, shall not be accepted.
In the |
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| 1 | | case of nomination papers or certificates of nomination,
the | 2 | | State Board of Elections, election authority or local election | 3 | | official
shall note the day and hour upon which such objector's
| 4 | | petition is filed, and shall, not later than 12:00
noon on the | 5 | | second business day after receipt of the
petition, transmit by | 6 | | registered mail or receipted
personal delivery the certificate | 7 | | of nomination or nomination papers and
the original objector's | 8 | | petition to the chairman of the proper electoral
board | 9 | | designated in Section 10-9 hereof, or his authorized agent, and
| 10 | | shall transmit a copy by registered mail or receipted personal | 11 | | delivery
of the objector's petition, to the candidate whose | 12 | | certificate of nomination
or nomination papers are objected to, | 13 | | addressed to the place of residence
designated in said | 14 | | certificate of nomination or nomination papers. In the
case of | 15 | | objections to a petition for a proposed amendment to Article IV | 16 | | of
the Constitution or for an advisory public question to be | 17 | | submitted to the
voters of the entire State, the State Board of | 18 | | Elections shall note the day
and hour upon which such | 19 | | objector's petition is filed and shall transmit a
copy of the | 20 | | objector's petition by registered mail or receipted personal
| 21 | | delivery to the person designated on a certificate attached to | 22 | | the petition
as the principal proponent of such proposed | 23 | | amendment or public question,
or as the proponents' attorney, | 24 | | for the purpose of receiving notice of
objections. In the case | 25 | | of objections to a petition for a public question,
to be | 26 | | submitted to the voters of a political subdivision, or district
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| 1 | | thereof, the election authority or local election official with | 2 | | whom such
petition is filed shall note the day and hour upon | 3 | | which such
objector's petition was filed, and shall, not later | 4 | | than 12:00 noon on the
second business day after receipt of the | 5 | | petition,
transmit by registered mail or receipted personal | 6 | | delivery
the petition for the public question and the original | 7 | | objector's petition
to the chairman of the proper electoral | 8 | | board designated in Section 10-9
hereof, or his authorized | 9 | | agent, and shall transmit a copy by
registered mail or | 10 | | receipted personal delivery, of the objector's petition
to the | 11 | | person designated on a certificate attached to the petition as | 12 | | the
principal proponent of the public question, or as the | 13 | | proponent's attorney,
for the purposes of receiving notice of | 14 | | objections.
| 15 | | The objector's petition shall give the objector's name and | 16 | | residence
address, and shall state fully the nature of the | 17 | | objections to the
certificate of nomination or nomination | 18 | | papers or petitions in question,
and shall state the interest | 19 | | of the objector and shall state what relief
is requested of the | 20 | | electoral board.
| 21 | | The provisions of this Section and of Sections 10-9, 10-10 | 22 | | and
10-10.1 shall also apply to and govern objections to | 23 | | petitions for
nomination filed under Article 7 or Article 8, | 24 | | except as otherwise
provided in Section 7-13 for cases to which | 25 | | it is applicable, and also
apply to and govern petitions for | 26 | | the submission of public questions under
Article 28.
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| 1 | | Notwithstanding any other provision of law to the contrary, | 2 | | any individual challenging the validity of petitions shall | 3 | | notify the applicable election authority when that individual | 4 | | files a challenge in court contesting the decision of that | 5 | | election authority. | 6 | | (Source: P.A. 98-691, eff. 7-1-14.)
| 7 | | (10 ILCS 5/19-8) (from Ch. 46, par. 19-8)
| 8 | | Sec. 19-8. Time and place of counting ballots. | 9 | | (a) (Blank.) | 10 | | (b) Each vote by mail voter's ballot returned to an | 11 | | election authority, by any means authorized by this Article, | 12 | | and received by that election authority before the closing of | 13 | | the polls on election day shall be endorsed by the receiving | 14 | | election authority with the day and hour of receipt and may be | 15 | | processed by the election authority beginning on the 15th day | 16 | | before election day in the central ballot counting location of | 17 | | the election authority, but the results of the processing may | 18 | | not be counted until the day of the election after 7:00 p.m., | 19 | | except as provided in subsections (g) and (g-5).
| 20 | | (c) Each vote by mail voter's ballot that is mailed to an | 21 | | election authority and postmarked no later than election day, | 22 | | but that is received by the election authority after the polls | 23 | | close on election day and before the close of the period for | 24 | | counting provisional ballots cast at that election, shall be | 25 | | endorsed by the receiving authority with the day and hour of |
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| 1 | | receipt and shall be counted at the central ballot counting | 2 | | location of the election authority during the period for | 3 | | counting provisional ballots. | 4 | | Each vote by mail voter's ballot that is mailed to an | 5 | | election authority absent a postmark, but that is received by | 6 | | the election authority after the polls close on election day | 7 | | and before the close of the period for counting provisional | 8 | | ballots cast at that election, shall be endorsed by the | 9 | | receiving authority with the day and hour of receipt, opened to | 10 | | inspect the date inserted on the certification, and, if the | 11 | | certification date is a date preceding the election day and the | 12 | | ballot is otherwise found to be valid under the requirements of | 13 | | this Section, counted at the central ballot counting location | 14 | | of the election authority during the period for counting | 15 | | provisional ballots. Absent a date on the certification, the | 16 | | ballot shall not be counted.
| 17 | | (d) Special write-in vote by mail voter's blank ballots | 18 | | returned to an election authority, by any means authorized by | 19 | | this Article, and received by the election authority at any | 20 | | time before the closing of the polls on election day shall be | 21 | | endorsed by the receiving election authority with the day and | 22 | | hour of receipt and shall be counted at the central ballot | 23 | | counting location of the election authority during the same | 24 | | period provided for counting vote by mail voters' ballots under | 25 | | subsections (b), (g), and (g-5). Special write-in vote by mail | 26 | | voter's blank ballots that are mailed to an election authority |
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| 1 | | and postmarked no later than election day, but that are | 2 | | received by the election authority after the polls close on | 3 | | election day and before the closing of the period for counting | 4 | | provisional ballots cast at that election, shall be endorsed by | 5 | | the receiving authority with the day and hour of receipt and | 6 | | shall be counted at the central ballot counting location of the | 7 | | election authority during the same periods provided for | 8 | | counting vote by mail voters' ballots under subsection (c). | 9 | | Notwithstanding any other provision of law to the contrary, | 10 | | votes by mail ballots may be processed as they arrive in the | 11 | | mail. Notwithstanding any other provision of law to the | 12 | | contrary, election authorities shall have more than 15 days to | 13 | | process vote by mail ballots. | 14 | | (e) Except as otherwise provided in this Section, vote by | 15 | | mail voters' ballots and special write-in vote by mail voter's | 16 | | blank ballots received by the election authority after the | 17 | | closing of the polls on an
election day shall be endorsed by | 18 | | the election authority receiving them
with the day and hour of | 19 | | receipt and shall be safely kept unopened by the
election | 20 | | authority for the period of time required for the preservation | 21 | | of
ballots used at the election, and shall then, without being | 22 | | opened, be
destroyed in like manner as the used ballots of that | 23 | | election.
| 24 | | (f) Counting required under this Section to begin on | 25 | | election day after the closing of the polls shall commence no | 26 | | later than 8:00 p.m. and shall be conducted
by a panel or |
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| 1 | | panels of election judges appointed in the manner provided
by | 2 | | law. The counting shall continue until all vote by mail voters' | 3 | | ballots and special write-in vote by mail voter's blank ballots | 4 | | required to be counted on election day have been counted.
| 5 | | (g) The procedures set forth in Articles 17 and
18 of this | 6 | | Code shall apply to all ballots counted under
this Section. In | 7 | | addition, within 2 days after a vote by mail ballot is | 8 | | received, but in all cases before the close of the period for | 9 | | counting provisional ballots, the election judge or official | 10 | | shall compare the voter's signature on the certification | 11 | | envelope of that vote by mail ballot with the signature of the | 12 | | voter on file in the office of the election authority. If the | 13 | | election judge or official determines that the 2 signatures | 14 | | match, and that the vote by mail voter is otherwise qualified | 15 | | to cast a vote by mail ballot, the election authority shall | 16 | | cast and count the ballot on election day or the day the ballot | 17 | | is determined to be valid, whichever is later, adding the | 18 | | results to the precinct in which the voter is registered. If | 19 | | the election judge or official determines that the signatures | 20 | | do not match, or that the vote by mail voter is not qualified | 21 | | to cast a vote by mail ballot, then without opening the | 22 | | certification envelope, the judge or official shall mark across | 23 | | the face of the certification envelope the word "Rejected" and | 24 | | shall not cast or count the ballot. | 25 | | In addition to the voter's signatures not matching, a vote | 26 | | by mail ballot may be rejected by the election judge or |
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| 1 | | official: | 2 | | (1) if the ballot envelope is open or has been opened | 3 | | and resealed; | 4 | | (2) if the voter has already cast an early or grace | 5 | | period ballot; | 6 | | (3) if the voter voted in person on election day or the | 7 | | voter is not a duly registered voter in the precinct; or | 8 | | (4) on any other basis set forth in this Code. | 9 | | If the election judge or official determines that any of | 10 | | these reasons apply, the judge or official shall mark across | 11 | | the face of the certification envelope the word "Rejected" and | 12 | | shall not cast or count the ballot.
| 13 | | (g-5) If a vote by mail ballot is rejected by the election | 14 | | judge or official for any reason, the election authority shall, | 15 | | within 2 days after the rejection but in all cases before the | 16 | | close of the period for counting provisional ballots, notify | 17 | | the vote by mail voter that his or her ballot was rejected. The | 18 | | notice shall inform the voter of the reason or reasons the | 19 | | ballot was rejected and shall state that the voter may appear | 20 | | before the election authority, on or before the 14th day after | 21 | | the election, to show cause as to why the ballot should not be | 22 | | rejected. The voter may present evidence to the election | 23 | | authority supporting his or her contention that the ballot | 24 | | should be counted. The election authority shall appoint a panel | 25 | | of 3 election judges to review the contested ballot, | 26 | | application, and certification envelope, as well as any |
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| 1 | | evidence submitted by the vote by mail voter. No more than 2 | 2 | | election judges on the reviewing panel shall be of the same | 3 | | political party. The reviewing panel of election judges shall | 4 | | make a final determination as to the validity of the contested | 5 | | vote by mail ballot. The judges' determination shall not be | 6 | | reviewable either administratively or judicially. | 7 | | A vote by mail ballot subject to this subsection that is | 8 | | determined to be valid shall be counted before the close of the | 9 | | period for counting provisional ballots.
| 10 | | (g-10) All vote by mail ballots determined to be valid | 11 | | shall be added to the vote totals for the precincts for which | 12 | | they were cast in the order in which the ballots were opened.
| 13 | | (h) Each political party, candidate, and qualified civic | 14 | | organization shall be entitled to have present one pollwatcher | 15 | | for each panel of election judges therein assigned.
| 16 | | (Source: P.A. 98-1171, eff. 6-1-15 .)
| 17 | | (10 ILCS 5/19A-10)
| 18 | | Sec. 19A-10. Permanent polling places for early voting.
| 19 | | (a) An election authority may establish permanent polling | 20 | | places for early
voting by personal appearance at locations | 21 | | throughout the election authority's
jurisdiction, including | 22 | | but not limited to a municipal clerk's office, a township | 23 | | clerk's office, a road district clerk's office, or a county or | 24 | | local public agency office. Any person
entitled to vote early | 25 | | by personal appearance may do so at any polling place
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| 1 | | established for early voting.
| 2 | | (b) (Blank).
| 3 | | (c) During each general primary and general election, each | 4 | | election authority in a county with a population over 250,000 | 5 | | shall establish at least one permanent polling place for early | 6 | | voting by personal appearance at a location within each of the | 7 | | 3 largest municipalities within its jurisdiction. If any of the | 8 | | 3 largest municipalities is over 80,000, the election authority | 9 | | shall establish at least 2 permanent polling places within the | 10 | | municipality. All population figures shall be determined by the | 11 | | federal census.
| 12 | | (d) During each general primary and general election, each | 13 | | board of election commissioners established under Article 6 of | 14 | | this Code in any city, village, or incorporated town with a | 15 | | population over 100,000 shall establish at least 2 permanent | 16 | | polling places for early voting by personal appearance. All | 17 | | population figures shall be determined by the federal census. | 18 | | (e) During each general primary and general election, each | 19 | | election authority in a county with a population of over | 20 | | 100,000 but under 250,000 persons shall establish at least one | 21 | | permanent polling place for early voting by personal | 22 | | appearance. The location for early voting may be the election | 23 | | authority's main office or another location designated by the | 24 | | election authority. The election authority may designate | 25 | | additional sites for early voting by personal appearance. All | 26 | | population figures shall be determined by the federal census.
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| 1 | | (f) No permanent polling place required by this Section | 2 | | shall be located within 1.5 miles from another permanent | 3 | | polling place required by this Section, unless such permanent | 4 | | polling place is within a municipality with a population of | 5 | | 500,000 or more. | 6 | | (Source: P.A. 98-691, eff. 7-1-14; 98-1171, eff. 6-1-15 .)
| 7 | | (10 ILCS 5/20-8) (from Ch. 46, par. 20-8)
| 8 | | Sec. 20-8. Time and place of counting ballots. | 9 | | (a) (Blank.) | 10 | | (b) Each vote by mail voter's ballot returned to an | 11 | | election authority, by any means authorized by this Article, | 12 | | and received by that election authority may be processed by the | 13 | | election authority beginning on the 15th day before election | 14 | | day in the central ballot counting location of the election | 15 | | authority, but the results of the processing may not be counted | 16 | | until the day of the election after 7:00 p.m., except as | 17 | | provided in subsections (g) and (g-5).
| 18 | | (c) Each vote by mail voter's ballot that is mailed to an | 19 | | election authority and postmarked no later than election day, | 20 | | but that is received by the election authority after the polls | 21 | | close on election day and before the close of the period for | 22 | | counting provisional ballots cast at that election, shall be | 23 | | endorsed by the receiving authority with the day and hour of | 24 | | receipt and shall be counted at the central ballot counting | 25 | | location of the election authority during the period for |
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| 1 | | counting provisional ballots. | 2 | | Each vote by mail voter's ballot that is mailed to an | 3 | | election authority absent a postmark, but that is received by | 4 | | the election authority after the polls close on election day | 5 | | and before the close of the period for counting provisional | 6 | | ballots cast at that election, shall be endorsed by the | 7 | | receiving authority with the day and hour of receipt, opened to | 8 | | inspect the date inserted on the certification, and, if the | 9 | | certification date is a date preceding the election day and the | 10 | | ballot is otherwise found to be valid under the requirements of | 11 | | this Section, counted at the central ballot counting location | 12 | | of the election authority during the period for counting | 13 | | provisional ballots. Absent a date on the certification, the | 14 | | ballot shall not be counted.
| 15 | | (d) Special write-in vote by mail voter's blank ballots | 16 | | returned to an election authority, by any means authorized by | 17 | | this Article, and received by the election authority at any | 18 | | time before the closing of the polls on election day shall be | 19 | | endorsed by the receiving election authority with the day and | 20 | | hour of receipt and shall be counted at the central ballot | 21 | | counting location of the election authority during the same | 22 | | period provided for counting vote by mail voters' ballots under | 23 | | subsections (b), (g), and (g-5). Special write-in vote by mail | 24 | | voter's blank ballot that are mailed to an election authority | 25 | | and postmarked by midnight preceding the opening of the polls | 26 | | on election day, but that are received by the election |
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| 1 | | authority after the polls close on election day and before the | 2 | | closing of the period for counting provisional ballots cast at | 3 | | that election, shall be endorsed by the receiving authority | 4 | | with the day and hour of receipt and shall be counted at the | 5 | | central ballot counting location of the election authority | 6 | | during the same periods provided for counting vote by mail | 7 | | voters' ballots under subsection (c).
| 8 | | Notwithstanding any other provision of law to the contrary, | 9 | | votes by mail ballots may be processed as they arrive in the | 10 | | mail. Notwithstanding any other provision of law to the | 11 | | contrary, election authorities shall have more than 15 days to | 12 | | process vote by mail ballots. | 13 | | (e) Except as otherwise provided in this Section, vote by | 14 | | mail voters' ballots and special write-in vote by mail voter's | 15 | | blank ballots received by the election authority after the | 16 | | closing of the polls on the day of election shall be
endorsed | 17 | | by the person receiving the ballots with the day and hour of
| 18 | | receipt and shall be safely kept unopened by the election | 19 | | authority for
the period of time required for the preservation | 20 | | of ballots used at the
election, and shall then, without being | 21 | | opened, be destroyed in like
manner as the used ballots of that | 22 | | election.
| 23 | | (f) Counting required under this Section to begin on | 24 | | election day after the closing of the polls shall commence no | 25 | | later than 8:00 p.m. and shall be conducted
by a panel or | 26 | | panels of election judges appointed in the manner provided
by |
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| 1 | | law. The counting shall continue until all vote by mail voters' | 2 | | ballots and special write-in vote by mail voter's blank ballots | 3 | | required to be counted on election day have been counted.
| 4 | | (g) The procedures set forth in Articles 17 and
18 of this | 5 | | Code shall apply to all ballots counted under
this Section. In | 6 | | addition, within 2 days after a ballot subject to this Article | 7 | | is received, but in all cases before the close of the period | 8 | | for counting provisional ballots, the election judge or | 9 | | official shall compare the voter's signature on the | 10 | | certification envelope of that ballot with the signature of the | 11 | | voter on file in the office of the election authority. If the | 12 | | election judge or official determines that the 2 signatures | 13 | | match, and that the voter is otherwise qualified to cast a | 14 | | ballot under this Article, the election authority shall cast | 15 | | and count the ballot on election day or the day the ballot is | 16 | | determined to be valid, whichever is later, adding the results | 17 | | to the precinct in which the voter is registered. If the | 18 | | election judge or official determines that the signatures do | 19 | | not match, or that the voter is not qualified to cast a ballot | 20 | | under this Article, then without opening the certification | 21 | | envelope, the judge or official shall mark across the face of | 22 | | the certification envelope the word "Rejected" and shall not | 23 | | cast or count the ballot. | 24 | | In addition to the voter's signatures not matching, a | 25 | | ballot subject to this Article may be rejected by the election | 26 | | judge or official: |
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| 1 | | (1) if the ballot envelope is open or has been opened | 2 | | and resealed; | 3 | | (2) if the voter has already cast an early or grace | 4 | | period ballot; | 5 | | (3) if the voter voted in person on election day or the | 6 | | voter is not a duly registered voter in the precinct; or | 7 | | (4) on any other basis set forth in this Code. | 8 | | If the election judge or official determines that any of | 9 | | these reasons apply, the judge or official shall mark across | 10 | | the face of the certification envelope the word "Rejected" and | 11 | | shall not cast or count the ballot. | 12 | | (g-5) If a ballot subject to this Article is rejected by | 13 | | the election judge or official for any reason, the election | 14 | | authority shall, within 2 days after the rejection but in all | 15 | | cases before the close of the period for counting provisional | 16 | | ballots, notify the voter that his or her ballot was rejected. | 17 | | The notice shall inform the voter of the reason or reasons the | 18 | | ballot was rejected and shall state that the voter may appear | 19 | | before the election authority, on or before the 14th day after | 20 | | the election, to show cause as to why the ballot should not be | 21 | | rejected. The voter may present evidence to the election | 22 | | authority supporting his or her contention that the ballot | 23 | | should be counted. The election authority shall appoint a panel | 24 | | of 3 election judges to review the contested ballot, | 25 | | application, and certification envelope, as well as any | 26 | | evidence submitted by the vote by mail voter. No more than 2 |
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| 1 | | election judges on the reviewing panel shall be of the same | 2 | | political party. The reviewing panel of election judges shall | 3 | | make a final determination as to the validity of the contested | 4 | | ballot. The judges' determination shall not be reviewable | 5 | | either administratively or judicially. | 6 | | A ballot subject to this subsection that is determined to | 7 | | be valid shall be counted before the close of the period for | 8 | | counting provisional ballots. | 9 | | (g-10) All ballots determined to be valid shall be added to | 10 | | the vote totals for the precincts for which they were cast in | 11 | | the order in which the ballots were opened.
| 12 | | (h) Each political party,
candidate, and qualified civic | 13 | | organization shall be entitled to have
present one pollwatcher | 14 | | for each panel of election judges therein assigned.
| 15 | | (Source: P.A. 98-1171, eff. 6-1-15 .)
| 16 | | Section 99. Effective date. This Act takes effect upon | 17 | | becoming law.
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