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| [ Introduced ] | [ Engrossed ] | [ House Amendment 001 ] |
90_SB1000sam001
LRB9002719MWpcam
1 AMENDMENT TO SENATE BILL 1000
2 AMENDMENT NO. . Amend Senate Bill 1000 on page 1,
3 line 6, by inserting "7-56," after "7-14,"; and
4 on page 1, line 7, by inserting "7-63," after "7-61," and by
5 replacing "and 16-5.01" with "16-5.01, 19-2, and 19-4"; and
6 on page 34, by inserting immediately below line 4 the
7 following:
8 (10 ILCS 5/7-56) (from Ch. 46, par. 7-56)
9 Sec. 7-56. As soon as complete returns are delivered to
10 the proper election authority, the returns shall be canvassed
11 for all primary elections as follows:
12 1. In the case of the nomination of candidates for city
13 offices, by the mayor, the city attorney and the city clerk.
14 2. In the case of nomination of candidates for village
15 offices, by the president of the board of trustees, one
16 member of the board of trustees, and the village clerk.
17 3. In the case of nomination of candidates for township
18 offices, by the town supervisor, the town assessor and the
19 town clerk; in the case of nomination of candidates for
20 incorporated town offices, by the corporate authorities of
21 the incorporated town.
22 3.5. For multi-township assessment districts, by the
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1 chairman, clerk, and assessor of the multi-township
2 assessment district.
3 4. For road district offices, by the highway
4 commissioner and the road district clerk.
5 5. The officers who are charged by law with the duty of
6 canvassing returns of general elections made to the county
7 clerk, shall also open and canvass the returns of a primary
8 made to such county clerk. The canvass shall be completed
9 within 3 days of the primary. Upon the completion of the
10 canvass of the returns by the county canvassing board, said
11 canvassing board shall make a tabulated statement of the
12 returns for each political party separately, stating in
13 appropriate columns and under proper headings, the total
14 number of votes cast in said county for each candidate for
15 nomination by said party, including candidates for President
16 of the United States and for State central committeemen, and
17 for delegates and alternate delegates to National nominating
18 conventions, and for precinct committeemen, township
19 committeemen, and for ward committeemen. Within two (2) days
20 after the completion of said canvass by said canvassing board
21 the county clerk shall mail to the State Board of Elections a
22 certified copy of such tabulated statement of returns.
23 Provided, however, that the number of votes cast for the
24 nomination for offices, the certificates of election for
25 which offices, under this Act or any other laws are issued by
26 the county clerk shall not be included in such certified copy
27 of said tabulated statement of returns, nor shall the returns
28 on the election of precinct, township or ward committeemen be
29 so certified to the State Board of Elections. The said
30 officers shall also determine and set down as to each
31 precinct the number of ballots voted by the primary electors
32 of each party at the primary.
33 6. In the case of the nomination of candidates for
34 offices, including President of the United States and the
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1 State central committeemen, and delegates and alternate
2 delegates to National nominating conventions, certified
3 tabulated statement of returns for which are filed with the
4 State Board of Elections, said returns shall be canvassed by
5 the board. And, provided, further, that within 5 days after
6 said returns shall be canvassed by the said Board, the Board
7 shall cause to be published in one daily newspaper of general
8 circulation at the seat of the State government in
9 Springfield a certified statement of the returns filed in its
10 office, showing the total vote cast in the State for each
11 candidate of each political party for President of the United
12 States, and showing the total vote for each candidate of each
13 political party for President of the United States, cast in
14 each of the several congressional districts in the State.
15 7. Where in cities or villages which have a board of
16 election commissioners, the returns of a primary are made to
17 such board of election commissioners, said return shall be
18 canvassed by such board, and, excepting in the case of the
19 nomination for any municipal office, tabulated statements of
20 the returns of such primary shall be made to the county
21 clerk.
22 8. Within 48 hours of the delivery of complete returns
23 of the consolidated primary to the election authority, the
24 election authority shall deliver an original certificate of
25 results to each local election official, with respect to
26 whose political subdivisions nominations were made at such
27 primary, for each precinct in his jurisdiction in which such
28 nominations were on the ballot. Such original certificate of
29 results need not include any offices or nominations for any
30 other political subdivisions. The local election official
31 shall immediately transmit the certificates to the canvassing
32 board for his political subdivisions, which shall open and
33 canvass the returns, make a tabulated statement of the
34 returns for each political party separately, and as nearly as
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1 possible, follow the procedures required for the county
2 canvassing board. Such canvass of votes shall be conducted
3 within 7 days after the close of the consolidated primary.
4 (Source: P.A. 87-1052.)"; and
5 on page 40, by inserting immediately below line 8 the
6 following:
7 (10 ILCS 5/7-63) (from Ch. 46, par. 7-63)
8 Sec. 7-63. Any candidate whose name appears upon the
9 primary ballot of any political party may contest the
10 election of the candidate or candidates nominated for the
11 office for which he or she was a candidate by his or her
12 political party, upon the face of the returns, by filing with
13 the clerk of the circuit court a petition in writing, setting
14 forth the grounds of contest, which petition shall be
15 verified by the affidavit of the petitioner or other person,
16 and which petition shall be filed within 5 10 days after the
17 completion of the canvass of the returns by the canvassing
18 board making the final canvass of returns. The contestant
19 shall also file with that canvassing board (and if for the
20 nomination for an office, certified tabulated statements of
21 the returns of which are to be filed with the State Board of
22 Elections, also with the county canvassing board), a notice
23 of the pendency of the contest.
24 If the contest relates to an office involving more than
25 one county, the venue of the contest is (a) in the county in
26 which the alleged grounds of the contest exist or (b) if
27 grounds for the contest are alleged to exist in more than one
28 county, then in any of those counties or in the county in
29 which any defendant resides.
30 Authority and jurisdiction are hereby vested in the
31 circuit court, to hear and determine primary contests. When a
32 petition to contest a primary is filed in the office of the
33 clerk of the court, the petition shall forthwith be presented
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1 to a judge thereof, who shall note thereon the date of
2 presentation, and shall note thereon the day when the
3 petition will be heard, which shall not be more than 5 10
4 days thereafter.
5 Summons shall forthwith issue to each defendant named in
6 the petition and shall be served for the same manner as is
7 provided for other civil cases. Summons may be issued and
8 served in any county in the State. The case may be heard and
9 determined by the circuit court at any time not less than 5
10 days after service of process, and shall have preference in
11 the order of hearing to all other cases. The petitioner shall
12 give security for all costs.
13 In any contest involving the selection of nominees for
14 the office of State representative, each candidate of the
15 party and district involved, who is not a petitioner or a
16 named defendant in the contest, shall be given notice of the
17 contest at the same time summons is issued to the defendants,
18 and any other candidate may, upon application to the court
19 within 5 days after receiving such notice, be made a party to
20 the contest.
21 Any defendant may, within 5 days after service of process
22 upon him or her, file a counterclaim and shall give security
23 for all costs relating to such counterclaim.
24 Any party to such proceeding may have a substitution of
25 judge from the judge to whom such contest is assigned for
26 hearing, where he or she fears or has cause to believe such
27 judge is prejudiced against, or is related to any of the
28 parties either by blood or by marriage. Notice of the
29 application for such substitution of judge must be served
30 upon the opposite party and filed with such judge not later
31 than one day after such contest is assigned to such judge,
32 Sundays and legal holidays excepted. No party shall be
33 entitled to more than one substitution of judge in such
34 proceeding.
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1 If, in the opinion of the court, in which the petition is
2 filed, the grounds for contest alleged are insufficient in
3 law the petition shall be dismissed. If the grounds alleged
4 are sufficient in law, the court shall proceed in a summary
5 manner and may hear evidence, examine the returns, recount
6 the ballots and make such orders and enter such judgment as
7 justice may require. In the case of a contest relating to
8 nomination for the office of Representative in the General
9 Assembly where the contestant received votes equal in number
10 to at least 95% of the number of votes cast for any
11 apparently successful candidate for nomination for that
12 office by the same political party, the court may order a
13 recount for the entire district and may order the cost of
14 such recount to be borne by the respective counties. The
15 court shall ascertain and declare by a judgment to be entered
16 of record, the result of such election in the territorial
17 area for which the contest is made. The judgment of the court
18 shall be appealable as in other civil cases. A certified copy
19 of the judgment shall forthwith be made by the clerk of the
20 court and transmitted to the board canvassing the returns for
21 such office, and in case of contest, if for nomination for an
22 office, tabulated statements of returns for which are filed
23 with the State Board of Elections, also in the office of the
24 county clerk in the proper county. The proper canvassing
25 board, or boards, as the case may be, shall correct the
26 returns or the tabulated statement of returns in accordance
27 with the judgment.
28 (Source: P.A. 84-1308.)"; and
29 on page 41, line 28, by replacing "15" with "20"; and
30 on page 53, line 10, by replacing "30" with "25"; and
31 on page 53, line 11, by replacing "30" with "25"; and
32 on page 53, line 13, by replacing "30" with "25"; and
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1 on page 54, by inserting immediately below line 21 the
2 following:
3 (10 ILCS 5/19-2) (from Ch. 46, par. 19-2)
4 Sec. 19-2. Any elector as defined in Section 19-1
5 expecting to be absent from the county of his residence or
6 any such elector who because of being appointed a judge of
7 election in a precinct other than the precinct in which he
8 resides or who because of physical incapacity or the tenets
9 of his religion in the observance of a religious holiday or
10 who because of election duties for the office of an Election
11 Authority, the State Board of Elections, or a law enforcement
12 agency will be unable to be present at the polls on the day
13 of such election may by mail, not more than 40, except for a
14 general election, not more than 25 days, nor less than 5 days
15 prior to the date of such election, or by personal delivery
16 not more than 40, except for a general election, not more
17 than 25 days, nor less than one day prior to the date of such
18 election, make application to the county clerk or to the
19 Board of Election Commissioners for an official ballot for
20 the voter's precinct to be voted at such election.
21 (Source: P.A. 84-808.)
22 (10 ILCS 5/19-4) (from Ch. 46, par. 19-4)
23 Sec. 19-4. Mailing or delivery of ballots - Time.)
24 Immediately upon the receipt of such application either by
25 mail, not more than 40 days, except for a general election,
26 not more than 25 days, nor less than 5 days prior to such
27 election, or by personal delivery not more than 40, except
28 for a general election, not more than 25 days, days nor less
29 than one day prior to such election, at the office of such
30 election authority, it shall be the duty of such election
31 authority to examine the records to ascertain whether or not
32 such applicant is lawfully entitled to vote as requested, and
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1 if found so to be, to post within one business day thereafter
2 the name, street address, ward and precinct number or
3 township and district number, as the case may be, of such
4 applicant given on a list, the pages of which are to be
5 numbered consecutively to be kept by such election authority
6 for such purpose in a conspicuous, open and public place
7 accessible to the public at the entrance of the office of
8 such election authority, and in such a manner that such list
9 may be viewed without necessity of requesting permission
10 therefor, and within 2 business days thereafter to mail,
11 postage prepaid, or deliver in person in such office an
12 official ballot or ballots if more than one are to be voted
13 at said election. Mail delivery of Temporarily Absent
14 Student ballot applications pursuant to Section 19-12.3 shall
15 be by nonforwardable mail. However, for the consolidated
16 election, absentee ballots for certain precincts may be
17 delivered to applicants not less than 25 days before the
18 election if so much time is required to have prepared and
19 printed the ballots containing the names of persons nominated
20 for offices at the consolidated primary. The election
21 authority shall enclose with each absentee ballot or
22 application a document, written and approved by the State
23 Board of Elections, enumerating the circumstances under which
24 a person is authorized to vote by absentee ballot pursuant to
25 this Article; such document shall also include a statement
26 informing the applicant that if he or she falsifies or is
27 solicited by another to falsify his or her eligibility to
28 cast an absentee ballot, such applicant or other is subject
29 to penalties pursuant to Section 29-10 and Section 29-20 of
30 the Election Code. Each election authority shall maintain a
31 list of the name, street address, ward and precinct, or
32 township and district number, as the case may be, of all
33 applicants who have returned absentee ballots to such
34 authority, and the name of such absent voter shall be added
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1 to such list within one business day from receipt of such
2 ballot. If the absentee ballot envelope indicates that the
3 voter was assisted in casting the ballot, the name of the
4 person so assisting shall be included on the list. The list,
5 the pages of which are to be numbered consecutively, shall be
6 kept by each election authority in a conspicuous, open, and
7 public place accessible to the public at the entrance of the
8 office of the election authority and in a manner that the
9 list may be viewed without necessity of requesting permission
10 for viewing.
11 Each election authority shall maintain a list for each
12 election of the voters to whom it has issued absentee
13 ballots. The list shall be maintained for each precinct
14 within the jurisdiction of the election authority. Prior to
15 the opening of the polls on election day, the election
16 authority shall deliver to the judges of election in each
17 precinct the list of registered voters in that precinct to
18 whom absentee ballots have been issued by mail.
19 Each election authority shall maintain a list for each
20 election of voters to whom it has issued temporarily absent
21 student ballots. The list shall be maintained for each
22 election jurisdiction within which such voters temporarily
23 abide. Immediately after the close of the period during
24 which application may be made by mail for absentee ballots,
25 each election authority shall mail to each other election
26 authority within the State a certified list of all such
27 voters temporarily abiding within the jurisdiction of the
28 other election authority.
29 In the event that the return address of an application
30 for ballot by a physically incapacitated elector is that of a
31 facility licensed or certified under the Nursing Home Care
32 Act, within the jurisdiction of the election authority, and
33 the applicant is a registered voter in the precinct in which
34 such facility is located, the ballots shall be prepared and
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1 transmitted to a responsible judge of election no later than
2 9 a.m. on the Saturday, Sunday or Monday immediately
3 preceding the election as designated by the election
4 authority under Section 19-12.2. Such judge shall deliver in
5 person on the designated day the ballot to the applicant on
6 the premises of the facility from which application was made.
7 The election authority shall by mail notify the applicant in
8 such facility that the ballot will be delivered by a judge of
9 election on the designated day.
10 All applications for absentee ballots shall be available
11 at the office of the election authority for public inspection
12 upon request from the time of receipt thereof by the election
13 authority until 30 days after the election, except during the
14 time such applications are kept in the office of the election
15 authority pursuant to Section 19-7, and except during the
16 time such applications are in the possession of the judges of
17 election.
18 (Source: P.A. 89-653, eff. 8-14-96.)".