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91_HB1800
LRB9103394MWpr
1 AN ACT concerning the use of mail-in ballots in certain
2 elections.
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 4-11, 11-7, 12-1, 12-4, 13-1, 13-2, 14-1, 14-3.1,
7 16-5, 17-1, 24A-6, and 24B-6, and adding Article 19A as
8 follows:
9 (10 ILCS 5/4-11) (from Ch. 46, par. 4-11)
10 Sec. 4-11. Subject to the provisions of Article 19A, at
11 least 2 weeks prior to the general November election in each
12 even numbered year and the consolidated election in each
13 odd-numbered year the county clerk shall cause a list to be
14 made for each precinct of all names upon the registration
15 record cards not marked or erased, in alphabetical order,
16 with the address, provided, that such list may be arranged
17 geographically, by street and number, in numerical order,
18 with respect to all precincts in which all, or substantially
19 all residences of voters therein shall be located upon and
20 numbered along streets, avenues, courts, or other highways
21 which are either named or numbered, upon direction either of
22 the county board or of the circuit court. On the list, the
23 county clerk shall indicate, by italics, asterisk, or other
24 means, the names of all persons who have registered since the
25 last regularly scheduled election in the consolidated
26 schedule of elections established in Section 2A-1.1 of this
27 Act. The county clerk shall cause such precinct lists to be
28 printed or typed in sufficient numbers to meet all reasonable
29 demands, and upon application a copy of the same shall be
30 given to any person applying therefor. By such time, the
31 county clerk shall give the precinct lists to the chairman of
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1 a county central committee of an established political party,
2 as such party is defined in Section 10-2 of this Act, or to
3 the chairman's duly authorized representative. Within 30
4 days of the effective date of this Amendatory Act of 1983,
5 the county clerk shall give the precinct lists compiled prior
6 to the general November election of 1982 to the chairman of
7 county central committee of an established political party or
8 to the chairman's duly authorized representative.
9 Prior to the opening of the polls for other elections,
10 the county clerk shall transmit or deliver to the judges of
11 election of each polling place a corrected list of registered
12 voters in the precinct, or the names of persons added to and
13 erased or withdrawn from the list for such precinct. At
14 other times such list, currently corrected, shall be kept
15 available for public inspection in the office of the county
16 clerk.
17 Within 60 days after each general election the county
18 clerk shall indicate by italics, asterisk, or other means, on
19 the list of registered voters in each precinct, each
20 registrant who voted at that general election, and shall
21 provide a copy of such list to the chairman of the county
22 central committee of each established political party or to
23 the chairman's duly authorized representative.
24 Within 60 days after the effective date of this
25 amendatory Act of 1983, the county clerk shall indicate by
26 italics, asterisk, or other means, on the list of registered
27 voters in each precinct, each registrant who voted at the
28 general election of 1982, and shall provide a copy of such
29 coded list to the chairman of the county central committee of
30 each established political party or to the chairman's duly
31 authorized representative.
32 The county clerk may charge a fee to reimburse the actual
33 cost of duplicating each copy of a list provided under
34 either of the 2 preceding paragraphs.
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1 (Source: P.A. 90-358, eff. 1-1-98.)
2 (10 ILCS 5/11-7) (from Ch. 46, par. 11-7)
3 Sec. 11-7. For the purpose of the conduct of any
4 consolidated election, consolidated primary election, special
5 municipal primary election or emergency referendum, an
6 election authority may cluster up to four contiguous
7 precincts as provided in this Section, which shall constitute
8 a clustered voting zone. The common polling place for the
9 clustered voting zone shall be located within the territory
10 comprising the clustered precincts. Unless the election
11 authority specifies a larger number, only one election judge
12 shall be appointed for each of the precincts in each
13 clustered voting zone. The use of clustered voting zones in
14 consolidated elections shall be subject to the provisions of
15 Article 19A regarding mail-in ballots.
16 The judges so appointed may not all be affiliated with
17 the same political party.
18 The conduct of an election in a clustered voting zone
19 shall be under the general supervision of all the judges of
20 election designated to serve in the clustered voting zone.
21 The designated judges may perform the duties of election
22 judges for the entire clustered voting zone. However, the
23 requirements of Section 17-14 shall apply to voter
24 assistance, the requirements of Section 24-10 shall apply to
25 voter instruction, the requirement of Section 24A-10 shall
26 apply to examination of absentee ballots, and any disputes as
27 to entitlement to vote, challenges, counting of ballots or
28 other matters pertaining directly to voting shall be decided
29 by those designated judges appointed for the precinct in
30 which the affected voter resides or the disputed vote is to
31 be counted.
32 This Section does not apply to any elections in
33 municipalities with more than 1,000,000 inhabitants.
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1 (Source: P.A. 90-358, eff. 1-1-98.)
2 (10 ILCS 5/12-1) (from Ch. 46, par. 12-1)
3 Sec. 12-1. At least 60 days prior to each general and
4 consolidated election, the election authority shall provide
5 public notice, calculated to reach elderly and handicapped
6 voters, of the availability of registration and voting aids
7 under the Federal Voting Accessibility for the Elderly and
8 Handicapped Act, of the availability of assistance in marking
9 the ballot, the procedures for using mail-in ballots in
10 elections subject to Article 19A, and procedures for voting
11 by absentee ballot.
12 At least 30 days before any general election, and at
13 least 20 days before any special congressional election, the
14 county clerk shall publish a notice of the election in 2 or
15 more newspapers published in the county, city, village,
16 incorporated town or town, as the case may be, or if there is
17 no such newspaper, then in any 2 or more newspapers published
18 in the county and having a general circulation throughout the
19 community. The notice may be substantially as follows:
20 Notice is hereby given that on (give date), at (give the
21 place of holding the election and the name of the precinct or
22 district) in the county of (name county), an election will be
23 held for (give the title of the several offices to be
24 filled), which election will be open at 6:00 a.m. and
25 continued open until 7:00 p.m. of that day.
26 Dated at .... on (insert date). this .... day of ....,
27 19...
28 (Source: P.A. 90-358, eff. 1-1-98; revised 10-20-98.)
29 (10 ILCS 5/12-4) (from Ch. 46, par. 12-4)
30 Sec. 12-4. Not more than 30 nor less than 10 days prior
31 to the date of the consolidated election and nonpartisan
32 elections, each election authority shall publish notice of
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1 the election of officers of each political subdivision to be
2 conducted in his or its jurisdiction on such election date.
3 The notice of election shall be published once in one or more
4 newspapers published in each political subdivision, and if
5 there is no such newspaper, then published once in a local,
6 community newspaper having general circulation in the
7 subdivision, and also once in a newspaper published in the
8 county wherein the political subdivisions or portions
9 thereof, having such elections are situated.
10 The notice shall be substantially in the form prescribed
11 in Section 12-1, and may include notice of the location of
12 the precincts and polling places within or including part of
13 the political subdivision in which the election is to be
14 conducted, and the procedures for using mail-in ballots in
15 consolidated elections subject to Article 19A.
16 Not less than 10 days before each such election, the
17 election authority shall publish notice of the precincts and
18 the location of the polling places where the election will be
19 conducted for political subdivisions wholly or partially
20 within its jurisdiction. The election authority shall cause
21 publication in the manner heretofore prescribed for the
22 notice of election.
23 (Source: P.A. 81-963.)
24 (10 ILCS 5/13-1) (from Ch. 46, par. 13-1)
25 Sec. 13-1. In counties not under township organization,
26 the county board of commissioners shall at its meeting in May
27 in each even-numbered year appoint in each election precinct
28 5 capable and discreet electors meeting the qualifications of
29 Section 13-4 to be judges of election. Where neither voting
30 machines nor electronic, mechanical or electric voting
31 systems are used, the county board may, for any precinct with
32 respect to which the board considers such action necessary or
33 desirable in view of the number of voters, and shall for
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1 general elections for any precinct containing more than 600
2 registered voters, appoint in addition to the 5 judges of
3 election a team of 5 tally judges. In such precincts the
4 judges of election shall preside over the election during the
5 hours the polls are open, and the tally judges, with the
6 assistance of the holdover judges designated pursuant to
7 Section 13-6.2, shall count the vote after the closing of the
8 polls. However, the County Board of Commissioners may appoint
9 3 judges of election to serve in lieu of the 5 judges of
10 election otherwise required by this Section to serve in any
11 emergency referendum, or in any odd-year regular election or
12 in any special primary or special election called for the
13 purpose of filling a vacancy in the office of representative
14 in the United States Congress or to nominate candidates for
15 such purpose. If a consolidated election is conducted under
16 Article 19A, the County Board of Commissioners shall appoint
17 a team of 5 tally judges to serve in lieu of the 5 judges of
18 election otherwise required by this Section. The tally judges
19 shall possess the same qualifications and shall be appointed
20 in the same manner and with the same division between
21 political parties as is provided for judges of election.
22 In addition to such precinct judges, the county board of
23 commissioners shall appoint special panels of 3 judges each,
24 who shall possess the same qualifications and shall be
25 appointed in the same manner and with the same division
26 between political parties as is provided for other judges of
27 election. The number of such panels of judges required shall
28 be determined by regulations of the State Board of Elections
29 which shall base the required numbers of special panels on
30 the number of registered voters in the jurisdiction or the
31 number of absentee ballots voted at recent elections, or any
32 combination of such factors.
33 Such appointment shall be confirmed by the court as
34 provided in Section 13-3 of this Article. No more than 3
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1 persons of the same political party shall be appointed judges
2 of the same election precinct or election judge panel. The
3 appointment shall be made in the following manner: The county
4 board of commissioners shall select and approve 3 persons as
5 judges of election in each election precinct from a certified
6 list, furnished by the chairman of the County Central
7 Committee of the first leading political party in such
8 precinct; and the county board of commissioners shall also
9 select and approve 2 persons as judges of election in each
10 election precinct from a certified list, furnished by the
11 chairman of the County Central Committee of the second
12 leading political party. However, if only 3 judges of
13 election serve in each election precinct, no more than 2
14 persons of the same political party shall be judges of
15 election in the same election precinct; and which political
16 party is entitled to 2 judges of election and which political
17 party is entitled to one judge of election shall be
18 determined in the same manner as set forth in the next two
19 preceding sentences with regard to 5 election judges in each
20 precinct. Such certified list shall be filed with the county
21 clerk not less than 10 days before the annual meeting of the
22 county board of commissioners. Such list shall be arranged
23 according to precincts. The chairman of each county central
24 committee shall, insofar as possible, list persons who reside
25 within the precinct in which they are to serve as judges.
26 However, he may, in his sole discretion, submit the names of
27 persons who reside outside the precinct but within the county
28 embracing the precinct in which they are to serve. He must,
29 however, submit the names of at least 2 residents of the
30 precinct for each precinct in which his party is to have 3
31 judges and must submit the name of at least one resident of
32 the precinct for each precinct in which his party is to have
33 2 judges. The county board of commissioners shall acknowledge
34 in writing to each county chairman the names of all persons
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1 submitted on such certified list and the total number of
2 persons listed thereon. If no such list is filed or such list
3 is incomplete (that is, no names or an insufficient number of
4 names are furnished for certain election precincts), the
5 county board of commissioners shall make or complete such
6 list from the names contained in the supplemental list
7 provided for in Section 13-1.1. The election judges shall
8 hold their office for 2 years from their appointment, and
9 until their successors are duly appointed in the manner
10 provided in this Act. The county board of commissioners shall
11 fill all vacancies in the office of judge of election at any
12 time in the manner provided in this Act.
13 (Source: P.A. 87-1052.)
14 (10 ILCS 5/13-2) (from Ch. 46, par. 13-2)
15 Sec. 13-2. In counties under the township organization
16 the county board shall at its meeting in May in each
17 even-numbered year except in counties containing a population
18 of 3,000,000 inhabitants or over and except when such judges
19 are appointed by election commissioners, select in each
20 election precinct in the county, 5 capable and discreet
21 electors to be judges of election who shall possess the
22 qualifications required by this Act for such judges. Where
23 neither voting machines nor electronic, mechanical or
24 electric voting systems are used, the county board may, for
25 any precinct with respect to which the board considers such
26 action necessary or desirable in view of the number of
27 voters, and shall for general elections for any precinct
28 containing more than 600 registered voters, appoint in
29 addition to the 5 judges of election a team of 5 tally
30 judges. In such precincts the judges of election shall
31 preside over the election during the hours the polls are
32 open, and the tally judges, with the assistance of the
33 holdover judges designated pursuant to Section 13-6.2, shall
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1 count the vote after the closing of the polls. The tally
2 judges shall possess the same qualifications and shall be
3 appointed in the same manner and with the same division
4 between political parties as is provided for judges of
5 election.
6 However, the county board may appoint 3 judges of
7 election to serve in lieu of the 5 judges of election
8 otherwise required by this Section to serve in any emergency
9 referendum, or in any odd-year regular election or in any
10 special primary or special election called for the purpose of
11 filling a vacancy in the office of representative in the
12 United States Congress or to nominate candidates for such
13 purpose.
14 If a consolidated election is conducted under Article
15 19A, the county board shall appoint a team of 5 tally judges
16 to serve in lieu of the 5 judges of election otherwise
17 required by this Section.
18 In addition to such precinct judges, the county board
19 shall appoint special panels of 3 judges each, who shall
20 possess the same qualifications and shall be appointed in the
21 same manner and with the same division between political
22 parties as is provided for other judges of election. The
23 number of such panels of judges required shall be determined
24 by regulations of the State Board of Elections, which shall
25 base the required number of special panels on the number of
26 registered voters in the jurisdiction or the number of
27 absentee ballots voted at recent elections or any combination
28 of such factors.
29 No more than 3 persons of the same political party shall
30 be appointed judges in the same election district or
31 undivided precinct. The election of the judges of election in
32 the various election precincts shall be made in the following
33 manner: The county board shall select and approve 3 of the
34 election judges in each precinct from a certified list
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1 furnished by the chairman of the County Central Committee of
2 the first leading political party in such election precinct
3 and shall also select and approve 2 judges of election in
4 each election precinct from a certified list furnished by the
5 chairman of the County Central Committee of the second
6 leading political party in such election precinct. However,
7 if only 3 judges of election serve in each election precinct,
8 no more than 2 persons of the same political party shall be
9 judges of election in the same election precinct; and which
10 political party is entitled to 2 judges of election and which
11 political party is entitled to one judge of election shall be
12 determined in the same manner as set forth in the next two
13 preceding sentences with regard to 5 election judges in each
14 precinct. The respective County Central Committee chairman
15 shall notify the county board by June 1 of each odd-numbered
16 year immediately preceding the annual meeting of the county
17 board whether or not such certified list will be filed by
18 such chairman. Such list shall be arranged according to
19 precincts. The chairman of each county central committee
20 shall, insofar as possible, list persons who reside within
21 the precinct in which they are to serve as judges. However,
22 he may, in his sole discretion, submit the names of persons
23 who reside outside the precinct but within the county
24 embracing the precinct in which they are to serve. He must,
25 however, submit the names of at least 2 residents of the
26 precinct for each precinct in which his party is to have 3
27 judges and must submit the name of at least one resident of
28 the precinct for each precinct in which his party is to have
29 2 judges. Such certified list, if filed, shall be filed with
30 the county clerk not less than 20 days before the annual
31 meeting of the county board. The county board shall
32 acknowledge in writing to each county chairman the names of
33 all persons submitted on such certified list and the total
34 number of persons listed thereon. If no such list is filed or
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1 the list is incomplete (that is, no names or an insufficient
2 number of names are furnished for certain election
3 precincts), the county board shall make or complete such list
4 from the names contained in the supplemental list provided
5 for in Section 13-1.1. Provided, further, that in any case
6 where a township has been or shall be redistricted, in whole
7 or in part, subsequent to one general election for Governor,
8 and prior to the next, the judges of election to be selected
9 for all new or altered precincts shall be selected in that
10 one of the methods above detailed, which shall be applicable
11 according to the facts and circumstances of the particular
12 case, but the majority of such judges for each such precinct
13 shall be selected from the first leading political party, and
14 the minority judges from the second leading political party.
15 Provided, further, that in counties having a population of
16 1,000,000 inhabitants or over the selection of judges of
17 election shall be made in the same manner in all respects as
18 in other counties, except that the provisions relating to
19 tally judges are inapplicable to such counties and except
20 that the county board shall meet during the month of January
21 for the purpose of making such selection and the chairman of
22 each county central committee shall notify the county board
23 by the preceding October 1 whether or not the certified list
24 will be filed. Such judges of election shall hold their
25 office for 2 years from their appointment and until their
26 successors are duly appointed in the manner provided in this
27 Act. The county board shall fill all vacancies in the office
28 of judges of elections at any time in the manner herein
29 provided.
30 Such selections under this Section shall be confirmed by
31 the circuit court as provided in Section 13-3 of this
32 Article.
33 (Source: P.A. 86-1028; 87-1052.)
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1 (10 ILCS 5/14-1) (from Ch. 46, par. 14-1)
2 Sec. 14-1. The board of election commissioners
3 established or existing under Article 6 shall, at the time
4 and in the manner provided in Section 14-3.1, select and
5 choose 5 electors, men or women, as judges of election for
6 each precinct in such city, village or incorporated town.
7 Where neither voting machines nor electronic, mechanical
8 or electric voting systems are used, the board of election
9 commissioners may, for any precinct with respect to which the
10 board considers such action necessary or desirable in view of
11 the number of voters, and shall for general elections for any
12 precinct containing more than 600 registered voters, appoint
13 in addition to the 5 judges of election a team of 5 tally
14 judges. In such precincts the judges of election shall
15 preside over the election during the hours the polls are
16 open, and the tally judges, with the assistance of the
17 holdover judges designated pursuant to Section 14-5.2, shall
18 count the vote after the closing of the polls. The tally
19 judges shall possess the same qualifications and shall be
20 appointed in the same manner and with the same division
21 between political parties as is provided for judges of
22 election. The foregoing provisions relating to the
23 appointment of tally judges are inapplicable in counties with
24 a population of 1,000,000 or more.
25 If a consolidated election is conducted under Article
26 19A, the board of election commissioners shall appoint a team
27 of 5 tally judges to serve in lieu of the 5 judges of
28 election otherwise required by this Section.
29 To qualify as judges the electors must:
30 (1) be citizens of the United States;
31 (2) be of good repute and character;
32 (3) be able to speak, read and write the English
33 language;
34 (4) be skilled in the 4 fundamental rules of arithmetic;
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1 (5) be of good understanding and capable;
2 (6) not be candidates for any office at the election and
3 not be elected committeemen;
4 (7) reside and be entitled to vote in the precinct in
5 which they are selected to serve, except that in each
6 precinct not more than one judge of each party may be
7 appointed from outside such precinct. Any judge so appointed
8 to serve in any precinct in which he is not entitled to vote
9 must be entitled to vote elsewhere within the county which
10 encompasses the precinct in which such judge is appointed and
11 such judge must otherwise meet the qualifications of this
12 Section.
13 The board of election commissioners may select 2
14 additional judges of election, one from each of the major
15 political parties, for each 200 voters in excess of 600 in
16 any precinct having more than 600 voters as authorized by
17 Section 11--3. These additional judges must meet the
18 qualifications prescribed in this Section.
19 (Source: P.A. 80-779.)
20 (10 ILCS 5/14-3.1) (from Ch. 46, par. 14-3.1)
21 Sec. 14-3.1. The board of election commissioners shall,
22 during the month of May of each even-numbered year, select
23 for each election precinct within the jurisdiction of the
24 board 5 persons to be judges of election who shall possess
25 the qualifications required by this Act for such judges. The
26 selection shall be made by a county board of election
27 commissioners in the following manner: the county board of
28 election commissioners shall select and approve 3 persons as
29 judges of election in each election precinct from a certified
30 list furnished by the chairman of the county central
31 committee of the first leading political party in that
32 precinct; the county board of election commissioners also
33 shall select and approve 2 persons as judges of election in
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1 each election precinct from a certified list furnished by the
2 chairman of the county central committee of the second
3 leading political party in that precinct. The selection by a
4 municipal board of election commissioners shall be made in
5 the following manner: for each precinct, 3 judges shall be
6 selected from one of the 2 leading political parties and the
7 other 2 judges shall be selected from the other leading
8 political party; the parties entitled to 3 and 2 judges,
9 respectively, in the several precincts shall be determined as
10 provided in Section 14-4. However, a Board of Election
11 Commissioners may appoint three judges of election to serve
12 in lieu of the 5 judges of election otherwise required by
13 this Section to serve in any emergency referendum, or in any
14 odd-year regular election or in any special primary or
15 special election called for the purpose of filling a vacancy
16 in the office of representative in the United States Congress
17 or to nominate candidates for such purpose.
18 If a consolidated election is conducted under Article
19 19A, a Board of Election Commissioners shall appoint a team
20 of 5 tally judges to serve in lieu of the 5 judges of
21 election otherwise required by this Section.
22 If only 3 judges of election serve in each election
23 precinct, no more than 2 persons of the same political party
24 shall be judges of election in the same election precinct,
25 and which political party is entitled to 2 judges of election
26 and which political party is entitled to one judge of
27 election shall be determined as set forth in this Section for
28 a county board of election commissioners' selection of 5
29 election judges in each precinct or in Section 14-4 for a
30 municipal board of election commissioners' selection of
31 election judges in each precinct, whichever is appropriate.
32 In addition to such precinct judges, the board of election
33 commissioners shall appoint special panels of 3 judges each,
34 who shall possess the same qualifications and shall be
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1 appointed in the same manner and with the same division
2 between political parties as is provided for other judges of
3 election. The number of such panels of judges required shall
4 be determined by regulation of the State Board of Elections,
5 which shall base the required number of special panels on the
6 number of registered voters in the jurisdiction or the number
7 of absentee ballots voted at recent elections or any
8 combination of such factors. A municipal board of election
9 commissioners shall make the selections of persons qualified
10 under Section 14-1 from certified lists furnished by the
11 chairman of the respective county central committees of the 2
12 leading political parties. Lists furnished by chairmen of
13 county central committees under this Section shall be
14 arranged according to precincts. The chairman of each county
15 central committee shall, insofar as possible, list persons
16 who reside within the precinct in which they are to serve as
17 judges. However, he may, in his sole discretion, submit the
18 names of persons who reside outside the precinct but within
19 the county embracing the precinct in which they are to serve.
20 He must, however, submit the names of at least 2 residents of
21 the precinct for each precinct in which his party is to have
22 3 judges and must submit the name of at least one resident of
23 the precinct for each precinct in which his party is to have
24 2 judges. The board of election commissioners shall no later
25 than March 1 of each even-numbered year notify the chairmen
26 of the respective county central committees of their
27 responsibility to furnish such lists, and each such chairman
28 shall furnish the board of election commissioners with the
29 list for his party on or before May 1 of each even-numbered
30 year. The board of election commissioners shall acknowledge
31 in writing to each county chairman the names of all persons
32 submitted on such certified list and the total number of
33 persons listed thereon. If no such list is furnished or if no
34 names or an insufficient number of names are furnished for
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1 certain precincts, the board of election commissioners shall
2 make or complete such list from the names contained in the
3 supplemental list provided for in Section 14-3.2. Judges of
4 election shall hold their office for 2 years from their
5 appointment and until their successors are duly appointed in
6 the manner herein provided. The board of election
7 commissioners shall, subject to the provisions of Section
8 14-3.2, fill all vacancies in the office of judges of
9 election at any time in the manner herein provided.
10 Such selections under this Section shall be confirmed by
11 the court as provided in Section 14-5.
12 (Source: P.A. 89-471, eff. 6-13-96.)
13 (10 ILCS 5/16-5) (from Ch. 46, par. 16-5)
14 Sec. 16-5. For all elections to which this Article
15 applies, the county clerks, in their respective counties,
16 shall have charge of the printing of the ballots for all
17 elections, including referenda, and shall furnish them to the
18 judges of election. In municipalities and counties having a
19 board of election commissioners, such board shall have charge
20 of the printing of the ballots and furnish them to the judges
21 of election within the territory under their jurisdiction.
22 Ballots shall be printed and in possession of the respective
23 election authorities at least two days before each election
24 and subject to the inspection of candidates and their agents;
25 if any mistakes be discovered they shall be corrected without
26 delay. If a consolidated election is subject to the
27 provisions of Article 19A, however, the ballots shall be
28 furnished to the election authority prior to the time the
29 ballots are to be mailed to the voters. The election
30 authority shall cause to be delivered to the judges of
31 election at the polling place of each precinct or district,
32 not less than twelve hours before the time fixed by law for
33 the opening of the polls therein, at least 10% more ballots
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1 of the kind to be voted in such precinct or district than the
2 number of voters registered therein for the purposes of such
3 election, such ballots shall be put up in separate sealed
4 packages, with marks on the outside clearly designating the
5 polling place for which they are intended and the number of
6 ballots enclosed, and receipt therefor shall be given by the
7 judges of election to whom they are delivered, which receipt
8 shall be preserved by the election authority. The election
9 authority shall provide and retain at its office an ample
10 supply of ballots, in addition to those distributed to the
11 several voting precincts or districts, and if at any time on
12 or before the day of election the ballots furnished to any
13 precinct shall be lost, destroyed or exhausted before the
14 polls are closed, on written application signed by a majority
15 of the judges he or they shall immediately cause to be
16 delivered to such judges at the polling place, such
17 additional supply of ballots as may be required and
18 sufficient to comply with the provisions of this Act.
19 If a consolidated election is subject to the provisions
20 of Article 19A, the election authority shall, not more than
21 40 nor less than 5 days before the date of the election, mail
22 a ballot to each registered voter.
23 (Source: P.A. 80-1469.)
24 (10 ILCS 5/17-1) (from Ch. 46, par. 17-1)
25 Sec. 17-1. Except for the consolidated elections
26 conducted under Article 19A, the polls shall be opened at the
27 hour of 6:00 a.m. and continued open until 7:00 p.m. of the
28 same day, at which time the polls shall be closed; but if the
29 judges shall not attend at the hour of six o'clock in the
30 morning, or if it shall be necessary for the electors present
31 to appoint judges to conduct the election, as herein
32 prescribed, the polls may, in that case, be opened at any
33 hour before the time for closing the same shall arrive, as
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1 the case may require. The State Board of Elections shall
2 adopt rules for the conduct of elections under Article 19A.
3 (Source: P.A. 81-850; 81-1149.)
4 (10 ILCS 5/Art.19A heading new)
5 Article 19A. MAIL-IN BALLOTS FOR CONSOLIDATED ELECTIONS
6 (10 ILCS 5/19A-5 new)
7 Sec. 19A-5. Voting in consolidated elections. In the
8 year 2001, any qualified elector of the State of Illinois
9 having duly registered where registration is required may
10 vote at the consolidated election for the offices listed in
11 subsection (c) of Section 2A-1.2 through ballots mailed to
12 the voter and returned to the proper election authority by
13 mail.
14 Each election authority shall compile and keep current a
15 list of voters who are eligible to vote under this Article.
16 The list shall include the last mailing address of each
17 voter.
18 (10 ILCS 5/19A-10 new)
19 Sec. 19A-10. Time for mailing ballots. Each election
20 authority, not more than 40 nor less than 5 days before the
21 consolidated election held in April of 2001, shall mail,
22 postage prepaid, an official ballot, or ballots if more than
23 one are to be voted at the election, to each registered voter
24 eligible to vote under this Article. The ballot or ballots
25 shall be mailed to each voter's last mailing address and
26 shall be marked "DO NOT FORWARD - ADDRESS CORRECTION
27 REQUESTED" or any other similar statement that is in
28 accordance with United States postal service regulations.
29 The election authority shall maintain a list for each
30 election of the voters to whom ballots have been issued. The
31 list shall be maintained for each precinct within the
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1 jurisdiction of the election authority.
2 (10 ILCS 5/19A-15 new)
3 Sec. 19A-15. Enclosure of ballots in unsealed envelope;
4 certification; instructions for marking and returning
5 ballots. The election authority shall fold the ballot or
6 ballots in the manner specified by the statute for folding
7 ballots prior to their deposit in the ballot box, and shall
8 enclose the ballot or ballots in an unsealed envelope to be
9 furnished by the election authority. The envelope shall bear
10 on its face the name, official title, and post office address
11 of the election authority.
12 The printed certificate on the envelope shall be in
13 substantially the following form:
14 "I state that I am a resident of the .......... precinct
15 of the (1)* township of .......... (2)* city of ..........
16 (3)* .......... ward in the city of .......... residing at
17 .......... in the city or town in the county of ..........
18 and State of Illinois, that I have lived at the address for
19 ... months last past; and that I am lawfully entitled to vote
20 in the precinct at the election to be held on .......
21 * fill in either (1), (2), or (3).
22 I further state that I personally marked the enclosed
23 ballot in secret. If I received assistance in casting my
24 ballot, I further attest that, due to physical incapacity, I
25 marked the enclosed ballot in secret with the assistance of
26 .................................
27 (Individual rendering assistance)
28 .................................
29 (Residence address)
30 Under penalties of perjury provided by law under Section
31 29-10 of the Election Code, the undersigned certifies that
32 the statements set forth in this certification are true and
33 correct.
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1 ........................."
2 In addition, the election authority shall provide printed
3 slips giving full instructions regarding the manner of
4 marking and returning the ballot in order that the same may
5 be counted, and shall furnish one of the printed slips to
6 each voter at the same time the ballot is mailed to the
7 voter. The instructions shall include the following
8 statement: "In signing the certification on the ballot
9 envelope, you are attesting that you personally marked this
10 ballot in secret. If you are physically unable to mark the
11 ballot, a friend or relative may assist you after completing
12 the enclosed affidavit. Federal and State laws prohibit your
13 employer, your employer's agent, or an officer or agent of
14 your union from assisting physically disabled voters."
15 In addition, if a ballot to be provided to a voter under
16 this Section contains a public question described in
17 subsection (b) of Section 28-6 and the territory concerning
18 the question to be submitted is not described on the ballot
19 due to that space limitations of the ballot, the election
20 authority shall provide a printed copy of the notice of the
21 public question, which shall included a description of the
22 territory in the manner required by Section 16-7. The notice
23 shall be furnished to the voter at the time the ballot is
24 mailed to the voter.
25 (10 ILCS 5/19A-20 new)
26 Sec. 19A-20. Certification of voters; return of ballots.
27 The voter shall make and subscribe to the certification
28 provided for on the return envelope for the ballot, and the
29 ballot or ballots shall be folded by the voter in the manner
30 required to be folded before depositing the ballot in the
31 ballot box, and shall be deposited in the envelope and the
32 envelope securely sealed. The voter shall then endorse his or
33 her certificate on the back of the envelope, and the envelope
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1 shall be mailed by the voter, postage prepaid, to the
2 election authority issuing the ballot, or if more convenient,
3 it may be delivered in person, by either the voter or by a
4 spouse, parent, child, brother, or sister of the voter, or by
5 a company licensed by the Illinois Commerce Commission under
6 the Illinois Commercial Transportation Law that is engaged in
7 the business of making deliveries. If a voter gives his or
8 her ballot and ballot envelope to a spouse, parent, child,
9 brother, or sister of the voter, or to a company that is
10 engaged in the business of making deliveries for delivery to
11 the election authority, the voter shall give an authorization
12 form to the person making the delivery. The person making the
13 delivery shall present the authorization to the election
14 authority. The authorization shall be in substantially the
15 following form:
16 "I .............. (voter) authorize
17 ...................... to take my ballot to the office of the
18 election authority.
19 ........................ ...........................
20 Date Signature of voter
21 ........................ ...........................
22 Town Address
23 ........................ ...........................
24 Date Signature of authorized
25 Individual
26 ........................ ...........................
27 Town Relationship (if any)"
28 (10 ILCS 5/19A-25 new)
29 Sec. 19A-25. Receipt of ballots. Upon receipt of the
30 voter's ballot, the election authority shall enclose the
31 unopened ballot in a large or carrier envelope that shall be
32 securely sealed and endorsed with the name and official title
33 of the officer and the words, "This envelope contains a
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1 ballot and must be opened on election day", together with the
2 number and description of the precinct in which the ballot is
3 to be voted, and the officer shall safely keep the envelope
4 in his or her office until counted as provided in Section
5 19A-30.
6 (10 ILCS 5/19A-30 new)
7 Sec. 19A-30. Counting of ballots. The ballots received
8 by the election authority before 7:00 p.m. of the day of the
9 consolidated election shall be counted at the office of the
10 election authority by the tally judges, appointed under this
11 Code for that purpose. The counting shall commence no later
12 than 8:00 p.m. The counting shall continue until all ballots
13 received have been counted.
14 The procedures set forth in Section 19A-35 of this Act
15 and Articles 17 and 18 of this Code shall apply to all
16 ballots counted under this provision, including comparing the
17 signature on the ballot envelope with the signature of the
18 voter on the permanent voter registration record card taken
19 from the master file; except the votes shall be recorded
20 without regard to precinct designation, except for precinct
21 offices.
22 (10 ILCS 5/19A-35 new)
23 Sec. 19A-35. Casting ballots; comparison of signatures;
24 rejection of ballots. The tally judges shall cast the
25 voter's ballots separately, and as each ballot is taken shall
26 open the outer or carrier envelope, announce the voter's
27 name, and compare the signature on the permanent voter
28 registration record card taken from the master file with the
29 signature upon the certification on the ballot envelope. In
30 case the judges find the certification properly executed,
31 that the signatures correspond, and that the applicant is a
32 duly qualified elector, they shall open the envelope
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1 containing the ballot in such a manner as not to deface or
2 destroy the certification, or mark or tear the ballots
3 therein contained without unfolding or permitting the ballot
4 to be unfolded or examined, and having endorsed the ballot in
5 like manner as other ballots are required to be endorsed,
6 shall deposit the same in the proper ballot box or boxes and
7 enter the voter's name in the poll book the same as if the
8 voter had been present and voted in person. The judges shall
9 place the ballot certification envelopes in a separate
10 envelope as per the direction of the election authority. The
11 envelope containing the ballot certification envelopes shall
12 be retained by the election authority and preserved in like
13 manner as the official poll record.
14 In case the signatures do not correspond, or that the
15 voter is not a duly qualified elector, or that the ballot
16 envelope is open or has been opened and resealed, without
17 opening the envelope the judge of election shall mark across
18 the face thereof, "Rejected", giving the reason therefor.
19 In case the ballot envelope contains more than one ballot
20 of any kind, the ballots shall not be counted, but shall be
21 marked "Rejected", giving the reason therefor.
22 The voter's envelope, and the voter's envelope with its
23 contents unopened when the vote is rejected, shall be
24 retained and preserved in the manner now provided for the
25 retention and preservation of official ballots rejected at
26 the election.
27 (10 ILCS 5/19A-40 new)
28 Sec. 19A-40. Pollwatchers. On election day,
29 pollwatchers shall be permitted to be present during the
30 casting of the mail ballots, and the vote of any voter may be
31 challenged for cause the same as if he or she were present
32 and voted in person, and the tally judges or a majority of
33 them shall have power and authority to hear and determine the
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1 legality of the ballot; provided, however, that if a
2 challenge to any voter's right to vote is sustained, notice
3 of the same must be given by the tally judges by mail
4 addressed to the voter's place of residence.
5 Where ballots are counted on the day of the election in
6 the office of the election authority as provided in Section
7 19A-30 of this Article, each political party, candidate, and
8 qualified civic organization shall be entitled to have
9 present one pollwatcher for each panel of election judges
10 therein assigned. The pollwatchers shall be subject to the
11 same provisions as are proscribed for pollwatchers in Section
12 7-34 and 17-23 of this Code, and shall be permitted to
13 observe the signature comparison between that which is on the
14 ballot envelope and that which is on the permanent voter
15 registration record card taken from the master file.
16 (10 ILCS 5/19A-45 new)
17 Sec. 19A-45. Death of an elector before election day.
18 Whenever it shall be made to appear by due proof to the tally
19 judges that any elector who has marked and forwarded his or
20 her ballot as provided in this Article has died before the
21 date of the election, then the ballot of the deceased voter
22 shall be retained by the tally judges in the same manner as
23 provided for rejected ballots; but the casting of the ballot
24 of a deceased voter shall not invalidate the election.
25 (10 ILCS 5/19A-50 new)
26 Sec. 19A-50. Application to jurisdiction using voting
27 machines. In all jurisdictions in which voting machines are
28 used, all the provisions of the Article relating to the
29 furnishing of ballot boxes, printing, and furnishing official
30 ballots and supplies in the number provided by law, the
31 canvassing of the ballots and making the proper return of the
32 result of the election shall, to the extent necessary to make
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1 this Article effective, apply with full force and effect.
2 (10 ILCS 5/19A-55 new)
3 Sec. 19A-55. Adoption of rules for mail-in ballots. The
4 State Board of Elections shall conduct public hearings and
5 adopt rules and procedures for the implementation of the use
6 of mail-in ballots within 270 days after the effective date
7 of this amendatory Act of the 91st General Assembly.
8 (b) In addition to any other duties prescribed by law,
9 the State Board of Elections shall:
10 (1) prescribe the form of materials to be used in
11 the conduct of mail-in ballot elections;
12 (2) establish procedures consistent with this
13 Article for the conduct of mail-in ballot elections; and
14 (3) supervise the conduct of mail-in ballot
15 elections.
16 (10 ILCS 5/19A-60 new)
17 Sec. 19A-60. Report. After the consolidated election
18 in 2001, the State Board of Elections must report to the
19 General Assembly on the problems and successes of conducting
20 the election with mail-in ballots.
21 (10 ILCS 5/24A-6) (from Ch. 46, par. 24A-6)
22 Sec. 24A-6. The ballot information, whether placed on the
23 ballot or on the marking device, shall, as far as
24 practicable, be in the order of arrangement provided for
25 paper ballots, except that such information may be in
26 vertical or horizontal rows, or in a number of separate
27 pages. Ballots for all questions or propositions to be voted
28 on must be provided in the same manner and must be arranged
29 on or in the marking device or on the ballot sheet in the
30 places provided for such purposes.
31 When an electronic voting system utilizes a ballot label
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1 booklet and ballot card, ballots for candidates, ballots
2 calling for a constitutional convention, constitutional
3 amendment ballots, judicial retention ballots, public
4 measures, and all propositions to be voted upon may be placed
5 on the electronic voting device by providing in the ballot
6 booklet separate ballot label pages or series of pages
7 distinguished by differing colors as provided below. When an
8 electronic voting system utilizes a ballot sheet, ballots
9 calling for a constitutional convention, constitutional
10 amendment ballots and judicial retention ballots shall be
11 placed on the ballot sheet by providing a separate portion of
12 the ballot sheet for each such kind of ballot which shall be
13 printed in ink of a color distinct from the color of ink used
14 in printing any other portion of the ballot sheet. Ballots
15 for candidates, public measures and all other propositions to
16 be voted upon shall be placed on the ballot sheet by
17 providing a separate portion of the ballot sheet for each
18 such kind of ballot. Below the name of the last candidate
19 listed for an office shall be printed a line on which the
20 name of a candidate may be written by the voter, and
21 immediately to the left of such line an area shall be
22 provided for marking a vote for such write-in candidate.
23 More than one amendment to the constitution may be placed on
24 the same ballot page or series of pages or on the same
25 portion of the ballot sheet, as the case may be. Ballot
26 label pages for constitutional conventions or constitutional
27 amendments shall be on paper of blue color and shall precede
28 all other ballot label pages in the ballot label booklet.
29 More than one public measure or proposition may be placed on
30 the same ballot label page or series of pages or on the same
31 portion of the ballot sheet, as the case may be. More than
32 one proposition for retention of judges in office may be
33 placed on the same ballot label page or series of pages or on
34 the same portion of the ballot sheet, as the case may be.
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1 Ballot label pages for candidates shall be on paper of white
2 color, except that in primary elections the ballot label page
3 or pages for the candidates of each respective political
4 party shall be of the color designated by the election
5 official in charge of the election for that political party's
6 candidates; provided that the ballot label pages or pages for
7 candidates for use at the nonpartisan and consolidated
8 elections may be on paper of different colors, except blue,
9 whenever necessary or desirable to facilitate distinguishing
10 between the pages for different political subdivisions. On
11 each page of the candidate booklet, where the election is
12 made to list ballot information vertically, the party
13 affiliation of each candidate or the word "independent" shall
14 appear immediately to the left of the candidate's name, and
15 the name of candidates for the same office shall be listed
16 vertically under the title of that office. In the case of
17 nonpartisan elections for officers of political subdivisions,
18 unless the statute or an ordinance adopted pursuant to
19 Article VII of the Constitution requires otherwise, the
20 listing of such nonpartisan candidates shall not include any
21 party or "independent" designation. Ballot label pages for
22 judicial retention ballots shall be on paper of green color,
23 and ballot label pages for all public measures and other
24 propositions shall be on paper of some other distinct and
25 different color. In primary elections, a separate ballot
26 label booklet, marking device and voting booth shall be used
27 for each political party holding a primary, with the ballot
28 label booklet arranged to include ballot label pages of the
29 candidates of the party and public measures and other
30 propositions to be voted upon on the day of the primary
31 election. One ballot card may be used for recording the
32 voter's vote or choice on all such ballots, proposals, public
33 measures or propositions, and such ballot card shall be
34 arranged so as to record the voter's vote or choice in a
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1 separate column or columns for each such kind of ballot,
2 proposal, public measure or proposition.
3 If the ballot label booklet includes both candidates for
4 office and public measures or propositions to be voted on,
5 the election official in charge of the election shall divide
6 the pages by protruding tabs identifying the division of the
7 pages, and printing on such tabs "Candidates" and
8 "Propositions".
9 The ballot card and all of its columns and the ballot
10 card envelope shall be of the color prescribed for
11 candidate's ballots at the general or primary election,
12 whichever is being held. At an election where no candidates
13 are being nominated or elected, the ballot card, its columns,
14 and the ballot card envelope shall be of a color designated
15 by the election official in charge of the election.
16 The ballot cards, ballot card envelopes and ballot sheets
17 may, at the discretion of the election authority, be printed
18 on white paper and then striped with the appropriate colors.
19 When ballot sheets are used, the various portions thereof
20 shall be arranged to conform to the foregoing format.
21 Absentee ballots may consist of ballot cards, envelopes,
22 paper ballots or ballot sheets voted in person in the office
23 of the election official in charge of the election or voted
24 by mail. Where a ballot card is used for voting by mail it
25 must be accompanied by a punching tool or other appropriate
26 marking device, voter instructions and a specimen ballot
27 showing the proper positions to vote on the ballot card or
28 ballot sheet for each party, candidate, proposal, public
29 measure or proposition, and in the case of a ballot card must
30 be mounted on a suitable material to receive the punched out
31 chip.
32 Ballots for use in the consolidated election conducted
33 under Article 19A may consist of ballot cards, envelopes,
34 paper ballots, or ballot sheets. Where a ballot card is used
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1 for voting by mail it must be accompanied by a punching tool
2 or other appropriate marking device, voter instructions, and
3 a specimen ballot showing the proper positions to vote on the
4 ballot card or ballot sheet for each candidate, proposal,
5 public measure, or proposition, and in the case of a ballot
6 card must be mounted on a suitable material to receive the
7 punched out chip.
8 Any voter who spoils his ballot or makes an error may
9 return the ballot to the judges of election and secure
10 another. However, the protruding identifying tab for
11 proposals for a constitutional convention or constitutional
12 amendments shall have printed thereon "Constitutional
13 Ballot", and the ballot label page or pages for such
14 proposals shall precede the ballot label pages for candidates
15 in the ballot label booklet.
16 (Source: P.A. 89-700, eff. 1-17-97.)
17 (10 ILCS 5/24B-6)
18 Sec. 24B-6. Ballot Information; Arrangement; Electronic
19 Precinct Tabulation Optical Scan Technology Voting System;
20 Absentee Ballots; Spoiled Ballots. The ballot information,
21 shall, as far as practicable, be in the order of arrangement
22 provided for paper ballots, except that the information may
23 be in vertical or horizontal rows, or on a number of separate
24 pages. Ballots for all questions or propositions to be voted
25 on should be provided in a similar manner and must be
26 arranged on the ballot sheet in the places provided for such
27 purposes. Ballots shall be of white paper unless provided
28 otherwise by administrative rule of the State Board of
29 Elections or otherwise specified.
30 All propositions, including but not limited to
31 propositions calling for a constitutional convention,
32 constitutional amendment, judicial retention, and public
33 measures to be voted upon shall be placed on separate
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1 portions of the ballot sheet by utilizing borders or grey
2 screens. Candidates shall be listed on a separate portion of
3 the ballot sheet by utilizing borders or grey screens. Below
4 the name of the last candidate listed for an office shall be
5 printed a line or lines on which the name of a candidate or
6 candidates may be written by the voter, and proximate to such
7 lines an area shall be provided for marking votes for the
8 write-in candidate or candidates. The number of write-in
9 lines for an office shall equal the number of candidates for
10 which a voter may vote. More than one amendment to the
11 constitution may be placed on the same portion of the ballot
12 sheet. Constitutional convention or constitutional amendment
13 propositions shall be printed on a separate portion of the
14 ballot sheet and designated by borders or grey screens,
15 unless otherwise provided by administrative rule of the State
16 Board of Elections. More than one public measure or
17 proposition may be placed on the same portion of the ballot
18 sheet. More than one proposition for retention of judges in
19 office may be placed on the same portion of the ballot sheet.
20 Names of candidates shall be printed in black. The party
21 affiliation of each candidate or the word "independent" shall
22 appear near or under the candidate's name, and the names of
23 candidates for the same office shall be listed vertically
24 under the title of that office. In the case of nonpartisan
25 elections for officers of political subdivisions, unless the
26 statute or an ordinance adopted pursuant to Article VII of
27 the Constitution requires otherwise, the listing of
28 nonpartisan candidates shall not include any party or
29 "independent" designation. Judicial retention ballots shall
30 be designated by borders or grey screens. Ballots for all
31 public measures and other propositions shall be designated by
32 borders or grey screens. In primary elections, a separate
33 ballot, shall be used for each political party holding a
34 primary, with the ballot arranged to include names of the
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1 candidates of the party and public measures and other
2 propositions to be voted upon on the day of the primary
3 election.
4 If the ballot includes both candidates for office and
5 public measures or propositions to be voted on, the election
6 official in charge of the election shall divide the ballot in
7 sections for "Candidates" and "Propositions", or separate
8 ballots may be used.
9 Absentee ballots may consist of envelopes, paper ballots
10 or ballot sheets voted in person in the office of the
11 election official in charge of the election or voted by mail.
12 Where a Precinct Tabulation Optical Scan Technology ballot is
13 used for voting by mail it must be accompanied by voter
14 instructions.
15 Ballots for use in the consolidated election conducted
16 under Article 19A may consist of envelopes, paper ballots, or
17 ballot sheets. Where a Precinct Tabulation Optical Scan
18 Technology ballot is used for voting by mail it must be
19 accompanied by voter instructions.
20 Any voter who spoils his or her ballot, makes an error,
21 or has a ballot returned by the automatic tabulating
22 equipment may return the ballot to the judges of election and
23 get another ballot.
24 (Source: P.A. 89-394, eff. 1-1-97; 89-700, eff. 1-17-97.)
25 Section 10. The State Mandates Act is amended by adding
26 Section 8.23 as follows:
27 (30 ILCS 805/8.23 new)
28 Sec. 8.23. Exempt mandate. Notwithstanding Sections 6
29 and 8 of this Act, no reimbursement by the State is required
30 for the implementation of any mandate created by this
31 amendatory Act the 91st General Assembly.
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1 Section 99. Effective date. This Act takes effect upon
2 becoming law.
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1 INDEX
2 Statutes amended in order of appearance
3 10 ILCS 5/4-11 from Ch. 46, par. 4-11
4 10 ILCS 5/11-7 from Ch. 46, par. 11-7
5 10 ILCS 5/12-1 from Ch. 46, par. 12-1
6 10 ILCS 5/12-4 from Ch. 46, par. 12-4
7 10 ILCS 5/13-1 from Ch. 46, par. 13-1
8 10 ILCS 5/13-2 from Ch. 46, par. 13-2
9 10 ILCS 5/14-1 from Ch. 46, par. 14-1
10 10 ILCS 5/14-3.1 from Ch. 46, par. 14-3.1
11 10 ILCS 5/16-5 from Ch. 46, par. 16-5
12 10 ILCS 5/17-1 from Ch. 46, par. 17-1
13 10 ILCS 5/Art.19A heading new
14 10 ILCS 5/19A-5 new
15 10 ILCS 5/19A-10 new
16 10 ILCS 5/19A-15 new
17 10 ILCS 5/19A-20 new
18 10 ILCS 5/19A-25 new
19 10 ILCS 5/19A-30 new
20 10 ILCS 5/19A-35 new
21 10 ILCS 5/19A-40 new
22 10 ILCS 5/19A-45 new
23 10 ILCS 5/19A-50 new
24 10 ILCS 5/19A-55 new
25 10 ILCS 5/19A-60 new
26 10 ILCS 5/24A-6 from Ch. 46, par. 24A-6
27 10 ILCS 5/24B-6
28 30 ILCS 805/8.23 new