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90_HB0124
10 ILCS 5/7-43 from Ch. 46, par. 7-43
10 ILCS 5/7-44 from Ch. 46, par. 7-44
Amends the Election Code to eliminate the requirement
that a voter declare party affiliation when voting at a
primary election. Provides that the voter shall receive the
primary ballot of each of the established political parties
nominating candidates for office at the primary election, but
may cast a ballot of only one political party, except in
certain cases involving statewide political parties and
political parties established only within a political
subdivision.
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1 AN ACT to amend the Election Code by changing Sections
2 7-43 and 7-44.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Election Code is amended by changing
6 Sections 7-43 and 7-44 as follows:
7 (10 ILCS 5/7-43) (from Ch. 46, par. 7-43)
8 Sec. 7-43. Every person having resided in this State 6
9 months and in the precinct 30 days next preceding any primary
10 therein who shall be a citizen of the United States of the
11 age of 18 or more years, shall be entitled to vote at such
12 primary.
13 The following regulations shall be applicable to
14 primaries:
15 No person shall be entitled to vote at a primary:
16 (a) Unless he declares his party affiliations as
17 required by this Article.
18 (b) Who shall have signed the petition for nomination of
19 a candidate of any party with which he does not affiliate,
20 when such candidate is to be voted for at the primary.
21 (a) (c) Who shall have signed the nominating papers of
22 an independent candidate for any office for which office
23 candidates for nomination are to be voted for at such
24 primary.
25 (c.5) If that person has participated in the town
26 political party caucus, under Section 45-50 of the Township
27 Code, of another political party by signing an affidavit of
28 voters attending the caucus within 45 days before the first
29 day of the calendar month in which the primary is held.
30 (d) If he has voted at a primary held under this Article
31 7 of another political party within a period of 23 calendar
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1 months next preceding the calendar month in which such
2 primary is held: Provided, participation by a primary elector
3 in a primary of a political party which, under the provisions
4 of Section 7-2 of this Article, is a political party within a
5 city, village or incorporated town or town only and entitled
6 hereunder to make nominations of candidates for city, village
7 or incorporated town or town offices only, and for no other
8 office or offices, shall not disqualify such primary elector
9 from participating in other primaries of his party: And,
10 provided, that no qualified voter shall be precluded from
11 participating in the primary of any purely city, village or
12 incorporated town or town political party under the
13 provisions of Section 7-2 of this Article by reason of such
14 voter having voted at the primary of another political party
15 within a period of 23 calendar months next preceding the
16 calendar month in which he seeks to participate is held.
17 (b) (e) In cities, villages and incorporated towns
18 having a board of election commissioners only voters
19 registered as provided by Article 6 of this Act shall be
20 entitled to vote at such primary.
21 (c) (f) No person shall be entitled to vote at a primary
22 unless he is registered under the provisions of Articles 4, 5
23 or 6 of this Act, when his registration is required by any of
24 said Articles to entitle him to vote at the election with
25 reference to which the primary is held.
26 (Source: P.A. 89-331, eff. 8-17-95.)
27 (10 ILCS 5/7-44) (from Ch. 46, par. 7-44)
28 Sec. 7-44. (a) Any person desiring to vote at a primary
29 shall state his name and, residence and party affiliation to
30 the primary judges, one of whom shall thereupon announce the
31 same in a distinct tone of voice, sufficiently loud to be
32 heard by all persons in the polling place. When article 4, 5
33 or 6 is applicable the Certificate of Registered Voter
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1 therein prescribed shall be made and signed and the official
2 poll record shall be made. If the person desiring to vote is
3 not challenged, one of the primary judges shall give to him
4 one, and only one, primary ballot of each of the established
5 political parties nominating candidates for office at the
6 primary election, but the voter may cast a ballot of only one
7 political party, except as otherwise provided in subsection
8 (b) party with which he declares himself affiliated, on the
9 back of which the such primary judge shall endorse his or her
10 initials in such manner that they may be seen when the
11 primary ballot is properly folded. If the person desiring to
12 vote is challenged he shall not receive a primary ballot from
13 the primary judges until he or she shall have established his
14 or her right to vote as hereinafter provided in this Article.
15 No person who refuses to state his party affiliation shall be
16 allowed to vote at a primary.
17 (b) A person who casts a ballot of declares his party
18 affiliation with a statewide established political party and
19 requests a primary ballot of such party may nonetheless also
20 declare his affiliation with a political party established
21 only within a political subdivision, and may also vote in the
22 primary of a such local political party established only
23 within a political subdivision on the same election day,
24 provided that the such voter may not vote in both such party
25 primaries with respect to offices of the same political
26 subdivision. However, no person casting a ballot of
27 declaring his affiliation with a statewide established
28 political party may vote in the primary of any other
29 statewide political party on the same election day. A space
30 shall be provided on the primary ballot indicating for which
31 political party the voter cast his or her votes and the voter
32 may mark the space on the ballot of only one political party
33 indicating that party, except as otherwise provided in this
34 Section. If the voter desires to cast his or her ballot of a
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1 Statewide political party and a political party established
2 only within a political subdivision, the voter may indicate
3 that choice by marking the space provided on the ballot of
4 the Statewide political party and by also marking the space
5 provided on the ballot of the political party established
6 only within a political subdivision. If the voter does not
7 mark the space on the primary ballot indicating the political
8 party in which the voter cast his or her ballot, or marks
9 more than one such space, the judges of election shall count
10 only the votes of the political party in which the voter cast
11 a vote for the office nearest the top of the ballot.
12 (Source: P.A. 81-1535.)