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Illinois Compiled Statutes
Information maintained by the Legislative Reference Bureau Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide. Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.
ELECTIONS (10 ILCS 5/) Election Code. 10 ILCS 5/12-5
(10 ILCS 5/12-5) (from Ch. 46, par. 12-5)
Sec. 12-5. Notice for public questions. (a) Except as otherwise provided in subsection (b), for all elections held after July
1, 1999, notice of public
questions shall be required only as set forth in this
Section or as set forth in Section 17-3 or 19-3 of the School Code. Not
more than
60 days nor less than 10 days before the date of a
regular election at which a public question is to be submitted to the voters of
a political or governmental subdivision, and at least 20 days before an
emergency referendum, the election authority shall publish notice of the
referendum. The notice shall be published once in a local, community newspaper
having general circulation in the political or governmental subdivision. The
notice shall also be given at least 10 days before the date of the election by
posting a copy of the notice at the principal office of the election
authority. The local election official shall also post a copy of the notice at
the principal office of the political or governmental
subdivision, or if there is no principal office at the building in which the
governing body of the political or governmental subdivision held its first
meeting of the calendar year in which the referendum is being held. The
election authority and the political or governmental subdivision may, but are
not required to, post the notice electronically on their World Wide Web pages.
The notice, which shall appear over the name or title of the election
authority, shall be substantially in the following form:
NOTICE IS HEREBY GIVEN that at the election to be | | held on (insert day of the week), (insert date of election), the following proposition will be submitted to the voters of (name of political or governmental subdivision):
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(insert the public question as it will appear on the
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The polls at the election will be open at 6:00
| | o'clock A.M. and will continue to be open until 7:00 o'clock P.M. of that day.
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Dated (date of notice)
(Name or title of the election authority)
The notice shall also include any additional information required by the statute authorizing the public question. The notice may include an explanation, in neutral and plain language, of the question and its purposes supplied by the governing body of the political or governmental subdivision to whose voters the question is to be submitted. The notice shall set forth the
precincts and polling places at which the referendum will be conducted only in
the case of emergency referenda.
(b) Notice of any public question published in a local, community newspaper having general circulation in the political or governmental subdivision to which such public question relates more than 30 days but not more than 35 days prior to the general election held on November 8, 2016 that otherwise complies with the requirements of this Section is sufficient notice to satisfy the newspaper publication requirement of this Section, such notice shall for all purposes be deemed to have been given in accordance with this Section, any bonds approved by the voters at such election are hereby authorized to be issued in accordance with applicable law without further referendum approval and taxes to be levied pursuant to any limiting rate increases approved by the voters at such election are hereby authorized to be levied and extended without further referendum approval.
(Source: P.A. 99-935, eff. 2-17-17; 100-298, eff. 1-1-18; 100-863, eff. 8-14-18.)
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10 ILCS 5/12-6
(10 ILCS 5/12-6) (from Ch. 46, par. 12-6)
Sec. 12-6.
Whenever a requirement in this Code for the publication
of any notice of an election cannot be complied with because of the
absence of any qualified newspaper of local or general circulation in accordance
with such requirements, notice shall be given by posting the required
notice in 5 public places in the political subdivision. Notwithstanding
any other publication of notice requirement, notice of municipal
elections and referenda in municipalities with a population of less than
500 persons may be given by posting the required notice in 5 public
places in the municipality in lieu of publication.
(Source: P.A. 81-963.)
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10 ILCS 5/Art. 12A
(10 ILCS 5/Art. 12A heading)
ARTICLE 12A. VOTERS' GUIDES
(Source: P.A. 94-645, eff. 8-22-05.) |
10 ILCS 5/12A-2 (10 ILCS 5/12A-2)
Sec. 12A-2. Definitions. As used in this Article, unless the context
otherwise
requires:
"Board" means the State Board of Elections.
"Internet Guide" refers to information disseminated by the State Board of
Elections on a website, pursuant to Section 12A-5.
"Local election authority" means a county clerk or board of election
commissioners.
"Public question" or "question" means any question, proposition, or
referendum
submitted to the voters under Article 28 of this Code.
"Statewide candidate" means any candidate who runs for a statewide office,
including Governor, Lieutenant Governor, Attorney General, Secretary of State,
Treasurer, Comptroller, United States President, or United States Senator.
"Voters' guide" means any information disseminated by the State Board of
Elections pursuant to
Section 12A-5.
(Source: P.A. 94-645, eff. 8-22-05.) |
10 ILCS 5/12A-5
(10 ILCS 5/12A-5)
Sec. 12A-5. Internet Guide.
The Board shall publish, no later than the 45th day before a general election
in which a
statewide candidate appears on the ballot, an Internet website with the
following
information:
(1) The date and time of the general election.
(2) Requirements for a citizen to qualify as an | |
(3) The deadline for registering as an elector in the
| | State of Illinois for the next election.
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(4) Contact information for local election
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(5) A description of the following offices, when they
| | appear on the ballot, including their term of office, basic duties, and base salary: United States President, United States Senator, United States Representative, Governor, Lieutenant Governor, Attorney General, Secretary of State, Treasurer, Comptroller, Illinois Supreme Court Judge, and Illinois Appellate Court Judge. The Board shall not include information on any office other than the offices listed in this item (5).
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(6) The names and party affiliations of qualified
| | candidates for the following offices, when these offices appear on the ballot: United States President, United States Senator, United States Representative, Governor, Lieutenant Governor, Attorney General, Secretary of State, Treasurer, Comptroller, Illinois Supreme Court Judge, and Illinois Appellate Court Judge. The Board shall not include information on candidates for any office other than the offices listed in this item (6).
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(7) Challenged candidates. Where a candidate's right
| | to appear on the general election ballot has been challenged, and any appeal remains pending regarding those challenges, the challenged candidate may appear on the Internet Guide, subject to the other provisions of Section 12A-10. In this instance, the Board may note that the candidate's candidacy has been challenged and that he or she may be removed from the ballot prior to election day. If the candidate is removed from the ballot prior to election day, the Board shall remove the candidate's name and other information from the Internet Guide.
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(8) Any personal statement and photograph submitted
| | by a candidate named in the Internet Guide, subject to Sections 12A-10 and 12A-35.
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(9) A means by which an elector may determine what
| | type of balloting equipment is used by his or her local election authority, and the instructions for properly using that equipment.
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(10) The text of any public question that may appear
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(11) A mechanism by which electors may determine in
| | which congressional and judicial districts they reside. The Internet Guide shall allow visitors to search for candidates by office (e.g., Governor or United States Senator) and candidate's name.
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(12) Information concerning how to become an election
| | The Board shall archive the contents of the Internet Guide for a period of at
least 5
years.
In addition, the Board has the discretion to publish a voters' guide before a general primary election in the manner provided in this Article.
(Source: P.A. 94-645, eff. 8-22-05.)
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10 ILCS 5/12A-10 (10 ILCS 5/12A-10)
Sec. 12A-10. Candidate statements and photographs in the Internet Guide.
(a) Any candidate whose name appears in the Internet Guide may submit a
written
statement and a photograph to appear in the Internet Guide, provided that:
(1) No personal statement may exceed a brief | | biography (name, age, education, and current employment) and an additional 400 words.
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(2) Personal statements may include contact
| | information for the candidate, including the address and phone number of the campaign headquarters, and the candidate's website.
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(3) Personal statements may not mention a candidate's
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(4) No personal statement may include language that
| | may not be legally sent through the mail.
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(5) The photograph shall be a conventional photograph
| | with a plain background and show only the face, or the head, neck, and shoulders, of the candidate.
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(6) The photograph shall not (i) show the candidate's
| | hands, anything in the candidate's hands, or the candidate wearing a judicial robe, a hat, or a military, police, or fraternal uniform or (ii) include the uniform or insignia of any organization.
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(b) The Board must note in the text of the Internet Guide that personal
statements were
submitted by the candidate or his or her designee and were not edited by the
Board.
(c) Where a candidate declines to submit a statement, the Board may note
that
the
candidate declined to submit a statement.
(d) (Blank.)
(e) Anyone other than the candidate submitting a statement or photograph
from a
candidate must attest that he or she is doing so on behalf and at the direction
of
the
candidate. The Board may assess a civil fine of no more than $1,000 against a
person or entity who falsely
submits a statement or photograph not authorized by the
candidate.
(f) Nothing in this Article makes the author of any statement exempt from
any
civil
or
criminal action because of any defamatory statements offered for posting or
contained in
the Internet Guide. The persons writing, signing, or offering a statement for
inclusion in
the Internet Guide are deemed to be its authors and publishers, and the
Board shall not
be liable in any case or action relating to the content of any material
submitted by any
candidate.
(g) The Board may set reasonable deadlines for the submission of personal
statements and
photographs.
(h) The Board may set formats for the submission of statements and
photographs. The
Board may require that statements and photographs are submitted in an
electronic format.
(i) Fines
collected pursuant to subsection
(e) of this Section shall be deposited into the Voters' Guide Fund, a special fund created in the State treasury. Moneys in the Voters' Guide Fund shall be appropriated solely to the State Board of Elections for use in the implementation and administration of this Article 12A.
(Source: P.A. 94-645, eff. 8-22-05; 95-699, eff. 11-9-07.)
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10 ILCS 5/12A-15 (10 ILCS 5/12A-15)
Sec. 12A-15. Language. The Board may translate all of the material it is
required to
provide for the Internet Guide into other languages as it deems necessary to
comply with
the federal Voting Rights Act or at its discretion. Visitors to the site shall
have the
option of viewing the Guide in all languages into which the Guide has been
translated.
Candidates may, at their option and expense, submit statements in languages
other than
English. The Board shall not be responsible for translating candidate
statements.
(Source: P.A. 94-645, eff. 8-22-05.) |
10 ILCS 5/12A-35 (10 ILCS 5/12A-35)
Sec. 12A-35. Board's review of candidate photograph and statement;
procedure
for
revision.
(a) If a candidate files a photograph and statement
under item (8) of Section 12A-5 in a voters' guide, the Board shall review the
photograph and
statement to ensure that they comply with the requirements of Section 12A-10. Review by the Board under this Section shall be limited
to
determining whether the photograph and statement comply with the requirements
of
Section 12A-10 and may not include any determination relating
to the
accuracy or truthfulness of the substance or contents of the materials filed.
(b) The Board shall review each photograph and statement. If the Board
determines
that the photograph or statement of a candidate must be revised in order to
comply with
the requirements of Section 12A-10, the Board
shall
attempt to contact the candidate. A candidate contacted by the Board under this Section
may
file a revised photograph or statement no later than the 5th
business day
following notification
.
(c) If the Board is required to attempt to contact a candidate under
subsection (b) of this
Section, the Board shall attempt to contact the candidate by telephone or by
using an
electronic transmission facsimile machine, if such contact information is
provided by the
candidate.
(d) If the Board is unable to contact a candidate, if the candidate does
not file a
revised photograph or statement, or if the revised filing under subsection (b)
again
fails to meet the standards of review set by the Board:
(1) If a photograph does not comply with Section | | 12A-10, the Board may modify the photograph. The candidate shall pay the expense of any modification before publication of the photograph in the voters' guide. If the photograph cannot be modified to comply with Section 12A-10, the photograph shall not be printed in the guide.
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(2) If a statement does not comply with Section
| | 12A-10, the statement shall not be published in the voters' guide.
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(e) If the photograph or statement of a candidate filed under item (8)
of Section
12A-5 does not comply with a requirement
of Section 12A-10 and the Board does not attempt to contact the
candidate by
the deadline
specified in subsection (b) of this Section, then, for purposes of this Section
only, the
photograph or statement shall be published as filed.
(f) A candidate revising a photograph or statement under this Section shall
make only
those revisions necessary to comply with Section 12A-10.
(g) The Board may by rule define the term "contact" as used in this
Section.
(Source: P.A. 94-645, eff. 8-22-05; 95-699, eff. 11-9-07.)
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10 ILCS 5/12A-40 (10 ILCS 5/12A-40)
Sec. 12A-40. Exemption from public records laws.
Notwithstanding any other
provision of law, materials filed by a candidate, political party, political
committee, or
other person for inclusion in a voters' guide are exempt from public inspection
until the
4th business day after the final date for filing the materials.
(Source: P.A. 94-645, eff. 8-22-05.) |
10 ILCS 5/12A-45 (10 ILCS 5/12A-45)
Sec. 12A-45. Material submitted for inclusion in any voters' guide may not
be
admitted
as evidence in any suit or action against the Board to restrain or enjoin the
publication of
a voters' guide.
(Source: P.A. 94-645, eff. 8-22-05.) |
10 ILCS 5/12A-50 (10 ILCS 5/12A-50)
Sec. 12A-50. Order of appearance within the guides. For all guides
disseminated
by the
Board, all information about offices and candidates on the ballot shall be
listed together
in the same part of the guide or insert. All candidates for one office,
together with their
statements and photographs if any,
shall be listed before information on other offices and candidates is listed.
To the extent
possible, offices and candidates shall be listed in the same order in which
they appear
on the ballot.
(Source: P.A. 94-645, eff. 8-22-05.) |
10 ILCS 5/12A-55 (10 ILCS 5/12A-55)
Sec. 12A-55. Constitutional issues. If a constitutional amendment appears
on
the ballot,
the contents of the pamphlet issued by the Secretary of State under Section 2
of the Illinois Constitutional Amendment Act may be included in any guide
issued by the
Board.
(Source: P.A. 94-645, eff. 8-22-05.) |
10 ILCS 5/Art. 13
(10 ILCS 5/Art. 13 heading)
ARTICLE 13.
JUDGES OF ELECTION
(OUTSIDE OF JURISDICTION OF BOARDS
OF ELECTION COMMISSIONERS)
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10 ILCS 5/13-1
(10 ILCS 5/13-1) (from Ch. 46, par. 13-1)
Sec. 13-1. In counties not under township organization, the county
board of commissioners shall at its meeting in July
in each
even-numbered year appoint in each election precinct 5 capable and
discreet persons meeting the qualifications of Section 13-4 to
be judges of election. Where neither voting machines nor electronic,
mechanical or electric voting systems are used, the county board may,
for any precinct with respect to which the board considers such action
necessary or desirable in view of the number of voters, and shall for
general elections for any precinct containing more than 600 registered
voters, appoint in addition to the 5 judges of election a team of 5
tally judges. In such precincts the judges of election shall preside
over the election during the hours the polls are open, and the tally
judges, with the assistance of the holdover judges designated pursuant
to Section 13-6.2, shall count the vote after the closing of the polls.
However, the County Board of Commissioners may appoint 3 judges of election
to serve in lieu of the 5 judges of election otherwise required by this
Section (1) to serve in any emergency referendum, or in any odd-year regular
election or in any special primary or special election called
for the purpose of filling a vacancy in the office of representative in
the United States Congress or to nominate candidates for such purpose or (2) if the county board passes an ordinance to reduce the number of judges of election to 3 for primary elections.
The tally judges shall possess the same qualifications and shall be
appointed in the same manner and with the same division between
political parties as is provided for judges of election.
In addition to such precinct judges, the county board of
commissioners shall appoint special panels of 3 judges each, who shall
possess the same qualifications and shall be appointed in the same
manner and with the same division between political parties as is
provided for other judges of election. The number of such panels of
judges required shall be determined by regulations of the State Board of
Elections which shall base the required numbers of special panels on the
number of registered voters in the jurisdiction or the number of vote by mail
ballots voted at recent elections, or any combination of such factors.
Such appointment shall be confirmed by the court as provided in
Section 13-3 of this Article. No more than 3 persons of the same
political party shall be appointed judges of the same election precinct
or election judge panel. The appointment shall be made in the following
manner: The county board of commissioners shall select and approve 3
persons as judges of election in each election precinct from a certified
list, furnished by the chair of the County Central Committee of the
first leading political party in such precinct; and the county board of
commissioners shall also select and approve 2 persons as judges of
election in each election precinct from a certified list, furnished by
the chair of the County Central Committee of the second leading
political party. However, if only 3 judges of election serve in each
election precinct, no more than 2 persons of the same political party shall
be judges of election in the same election precinct; and which political
party is entitled to 2 judges of election and which political party is
entitled to one judge of election shall be determined in the same manner as
set forth in the next two preceding sentences with regard to 5 election
judges in each precinct. Such certified list shall be filed with the county
clerk not less than 10 days before the annual meeting of the county
board of commissioners. Such list shall be arranged according to
precincts. The chair of each county central committee shall, insofar
as possible, list persons who reside within the precinct in which they
are to serve as judges. However, he may, in his sole discretion, submit
the names of persons who reside outside the precinct but within the
county embracing the precinct in which they are to serve. He must,
however, submit the names of at least 2 residents of the precinct for
each precinct in which his party is to have 3 judges and must submit the
name of at least one resident of the precinct for each precinct in which
his party is to have 2 judges. The county board of commissioners shall
acknowledge in writing to each county chair the names of all persons
submitted on such certified list and the total number of persons listed
thereon. If no such list is filed or such list is incomplete (that is,
no names or an insufficient number of names are furnished for certain
election precincts), the county board of commissioners shall make or
complete such list from the names contained in the supplemental list
provided for in Section 13-1.1. The election judges shall hold their
office for 2 years from their appointment, and until their successors
are duly appointed in the manner provided in this Act. The county board
of commissioners shall fill all vacancies in the office of judge of
election at any time in the manner provided in this Act.
(Source: P.A. 100-337, eff. 8-25-17; 100-1027, eff. 1-1-19 .)
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