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Public Act 100-1027 | ||||
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AN ACT concerning elections.
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Be it enacted by the People of the State of Illinois, | ||||
represented in the General Assembly:
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Section 5. The Election Code is amended by changing | ||||
Sections 1A-6, 1A-6.1, 1A-7, 2A-1.2, 4-6.2, 4-11, 4-12, 4-22, | ||||
5-14, 5-15, 5-16.2, 5-29, 6-24, 6-44, 6-50.2, 6-60, 6-66, 6-70, | ||||
6A-3, 7-1, 7-2, 7-4, 7-7, 7-8, 7-8.01, 7-8.02, 7-9, 7-9.1, | ||||
7-10, 7-11, 7-12, 7-13, 7-14.1, 7-17, 7-19, 7-25, 7-34, 7-46, | ||||
7-51, 7-53, 7-55, 7-56, 7-58, 7-59, 7-60, 7-60.1, 8-5, 8-6, | ||||
8-7, 9-1.3, 9-1.8, 9-2, 9-8.10, 9-11, 9-15, 9-20, 10-2, 10-6.2, | ||||
10-8, 10-9, 10-10, 11-6, 13-1, 13-1.1, 13-2, 13-3, 13-4, 14-1, | ||||
14-3.1, 14-3.2, 14-5, 17-18.1, 17-22, 17-23, 18-1, 18-14, 21-1, | ||||
22-1, 22-4, 22-8, 22-15, 22-15.1, 24-13, 24A-10, 24A-11, | ||||
24A-15, 24B-10, 24B-11, 24B-15, 24C-13, 24C-15, 25-6, 25-11, | ||||
28-13, 29B-10, 29B-20, 29B-25, and 29B-30 as follows:
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(10 ILCS 5/1A-6) (from Ch. 46, par. 1A-6)
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Sec. 1A-6.
One member of the State Board of Elections shall | ||||
be elected by
the members of the Board to be chair chairman and | ||||
shall serve as chair chairman of
the Board for a term ending | ||||
June 30, 1979. On July 1 of 1979 and on July
1 of each | ||||
odd-numbered year thereafter, a chair chairman shall be elected | ||||
by
the members of the Board for a 2 year term ending June 30 of | ||||
the next
odd-numbered year. If July 1 of any odd-numbered year |
does not fall on a
business day, said election shall be held on | ||
the first business day
thereafter. The chair chairman elected | ||
for each 2 year term shall not be of
the same political party | ||
affiliation as the prior chair chairman . Whenever a
vacancy | ||
occurs in the office of chair chairman , a new chair chairman of | ||
the same political
party affiliation shall be
elected for the | ||
remainder of the vacating chair's chairman's term. Whenever a | ||
chair
chairman is elected, the Board shall elect from among its | ||
members, a
vice chair chairman who shall not be of the same | ||
political party affiliation
as the chair chairman .
| ||
Upon the confirmation of all of the members of the State | ||
Board of Elections
initially appointed under the amendatory Act | ||
of 1978, the Governor shall
designate one of the members as | ||
interim chair chairman who shall preside over
the Board until a | ||
chair chairman is elected pursuant to this Section.
| ||
(Source: P.A. 80-1178 .)
| ||
(10 ILCS 5/1A-6.1) (from Ch. 46, par. 1A-6.1)
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Sec. 1A-6.1.
The chair chairman of the State Board of | ||
Elections shall preside
at all meetings of the Board, except | ||
that the vice chair chairman shall preside
at any meeting when | ||
the chair chairman is absent. The salary of the chair chairman
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shall be $25,000 per year, or as set by the Compensation Review | ||
Board,
whichever is greater, and the salary of the vice-chair | ||
vice-chairman shall be $20,000
per year, or as set by the | ||
Compensation Review Board, whichever is
greater. The salary of |
the other Board members
shall be $15,000 per year, or as set by | ||
the Compensation Review Board,
whichever is greater. Each | ||
member shall be reimbursed for actual expenses
incurred in the | ||
performance of his duties.
| ||
(Source: P.A. 83-1177.)
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(10 ILCS 5/1A-7) (from Ch. 46, par. 1A-7)
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Sec. 1A-7.
The State Board of Elections shall meet at such | ||
time or times as the chair
chairman or any 4 members shall | ||
direct, but at least once per month.
Five members of the Board | ||
are necessary to constitute a quorum and 5 votes
are necessary | ||
for any action of the Board
to become effective, including the | ||
appointment of the executive director, the
employment of | ||
technical consultants and the employment of other persons.
| ||
If a quorum is present at a meeting of the Board, one of | ||
the members
present may vote for the absent member pursuant to | ||
a written proxy
signed by the absent member. A member voting by | ||
proxy who is not in
attendance may not be counted towards the | ||
presence of a quorum.
| ||
(Source: P.A. 80-1178.)
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(10 ILCS 5/2A-1.2) (from Ch. 46, par. 2A-1.2)
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Sec. 2A-1.2. Consolidated Schedule of Elections - Offices | ||
Designated.
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(a) At the general election in the appropriate | ||
even-numbered years, the
following offices shall be filled or |
shall be on the ballot as otherwise
required by this Code:
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(1) Elector of President and Vice President of the | ||
United States;
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(2) United States Senator and United States | ||
Representative;
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(3) State Executive Branch elected officers;
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(4) State Senator and State Representative;
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(5) County elected officers, including State's | ||
Attorney, County Board
member, County Commissioners, and | ||
elected President of the County Board or
County Chief | ||
Executive;
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(6) Circuit Court Clerk;
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(7) Regional Superintendent of Schools, except in | ||
counties or
educational service regions in which that | ||
office has been abolished;
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(8) Judges of the Supreme, Appellate and Circuit | ||
Courts, on the question
of retention, to fill vacancies and | ||
newly created judicial offices;
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(9) (Blank);
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(10) Trustee of the Metropolitan Sanitary District of | ||
Chicago, and elected
Trustee of other Sanitary Districts;
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(11) Special District elected officers, not otherwise | ||
designated in this
Section, where the statute creating or | ||
authorizing the creation of
the district requires an annual | ||
election and permits or requires election
of candidates of | ||
political parties.
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(b) At the general primary election:
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(1) in each even-numbered year candidates of political | ||
parties shall be
nominated for those offices to be filled | ||
at the general election in that
year, except where pursuant | ||
to law nomination of candidates of political
parties is | ||
made by caucus.
| ||
(2) in the appropriate even-numbered years the | ||
political party offices of
State central committeeperson | ||
committeeman , township committeeperson committeeman , ward | ||
committeeperson committeeman , and
precinct committeeperson | ||
committeeman shall be filled and delegates and alternate | ||
delegates
to the National nominating conventions shall be | ||
elected as may be required
pursuant to this Code. In the | ||
even-numbered years in which a Presidential
election is to | ||
be held, candidates in the Presidential preference primary
| ||
shall also be on the ballot.
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(3) in each even-numbered year, where the municipality | ||
has provided for
annual elections to elect municipal | ||
officers pursuant to Section 6(f) or
Section 7 of Article | ||
VII of the Constitution, pursuant to the Illinois
Municipal | ||
Code or pursuant to the municipal charter, the offices of | ||
such
municipal officers shall be filled at an election held | ||
on the date of the
general primary election, provided that | ||
the municipal election shall be a
nonpartisan election | ||
where required by the Illinois Municipal Code. For
partisan | ||
municipal elections in even-numbered years, a primary to |
nominate
candidates for municipal office to be elected at | ||
the general primary
election shall be held on the Tuesday 6 | ||
weeks preceding that election.
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(4) in each school district which has adopted the | ||
provisions of
Article 33 of the School Code, successors to | ||
the members of the board
of education whose terms expire in | ||
the year in which the general primary is
held shall be | ||
elected.
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(c) At the consolidated election in the appropriate | ||
odd-numbered years,
the following offices shall be filled:
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(1) Municipal officers, provided that in | ||
municipalities in which
candidates for alderman or other | ||
municipal office are not permitted by law
to be candidates | ||
of political parties, the runoff election where required
by | ||
law, or the nonpartisan election where required by law, | ||
shall be held on
the date of the consolidated election; and | ||
provided further, in the case of
municipal officers | ||
provided for by an ordinance providing the form of
| ||
government of the municipality pursuant to Section 7 of | ||
Article VII of the
Constitution, such offices shall be | ||
filled by election or by runoff
election as may be provided | ||
by such ordinance;
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(2) Village and incorporated town library directors;
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(3) City boards of stadium commissioners;
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(4) Commissioners of park districts;
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(5) Trustees of public library districts;
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(6) Special District elected officers, not otherwise | ||
designated in this
section, where the statute creating or | ||
authorizing the creation of the district
permits or | ||
requires election of candidates of political parties;
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(7) Township officers, including township park | ||
commissioners, township
library directors, and boards of | ||
managers of community buildings, and
Multi-Township | ||
Assessors;
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(8) Highway commissioners and road district clerks;
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(9) Members of school boards in school districts which | ||
adopt Article 33
of the School Code;
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(10) The directors and chair chairman of the Chain O | ||
Lakes - Fox River Waterway
Management Agency;
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(11) Forest preserve district commissioners elected | ||
under Section 3.5 of
the Downstate Forest Preserve District | ||
Act;
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(12) Elected members of school boards, school | ||
trustees, directors of
boards of school directors, | ||
trustees of county boards of school trustees
(except in | ||
counties or educational service regions having a | ||
population
of 2,000,000 or more inhabitants) and members of | ||
boards of school inspectors,
except school boards in school
| ||
districts that adopt Article 33 of the School Code;
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(13) Members of Community College district boards;
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(14) Trustees of Fire Protection Districts;
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(15) Commissioners of the Springfield Metropolitan |
Exposition and
Auditorium
Authority;
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(16) Elected Trustees of Tuberculosis Sanitarium | ||
Districts;
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(17) Elected Officers of special districts not | ||
otherwise designated in
this Section for which the law | ||
governing those districts does not permit
candidates of | ||
political parties.
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(d) At the consolidated primary election in each | ||
odd-numbered year,
candidates of political parties shall be | ||
nominated for those offices to be
filled at the consolidated | ||
election in that year, except where pursuant to
law nomination | ||
of candidates of political parties is made by caucus, and
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except those offices listed in paragraphs (12) through (17) of | ||
subsection
(c).
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At the consolidated primary election in the appropriate | ||
odd-numbered years,
the mayor, clerk, treasurer, and aldermen | ||
shall be elected in
municipalities in which
candidates for | ||
mayor, clerk, treasurer, or alderman are not permitted by
law | ||
to be candidates
of political parties, subject to runoff | ||
elections to be held at the
consolidated election as may be | ||
required
by law, and municipal officers shall be nominated in a | ||
nonpartisan election
in municipalities in which pursuant to law | ||
candidates for such office are
not permitted to be candidates | ||
of political parties.
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At the consolidated primary election in the appropriate | ||
odd-numbered years,
municipal officers shall be nominated or |
elected, or elected subject to
a runoff, as may be provided by | ||
an ordinance providing a form of government
of the municipality | ||
pursuant to Section 7 of Article VII of the Constitution.
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(e) (Blank).
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(f) At any election established in Section 2A-1.1, public | ||
questions may
be submitted to voters pursuant to this Code and | ||
any special election
otherwise required or authorized by law or | ||
by court order may be conducted
pursuant to this Code.
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Notwithstanding the regular dates for election of officers | ||
established
in this Article, whenever a referendum is held for | ||
the establishment of
a political subdivision whose officers are | ||
to be elected, the initial officers
shall be elected at the | ||
election at which such referendum is held if otherwise
so | ||
provided by law. In such cases, the election of the initial | ||
officers
shall be subject to the referendum.
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Notwithstanding the regular dates for election of | ||
officials established
in this Article, any community college | ||
district which becomes effective by
operation of law pursuant | ||
to Section 6-6.1 of the Public Community College
Act, as now or | ||
hereafter amended, shall elect the initial district board
| ||
members at the next regularly scheduled election following the | ||
effective
date of the new district.
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(g) At any election established in Section 2A-1.1, if in | ||
any precinct
there are no offices or public questions required | ||
to be on the ballot under
this Code then no election shall be | ||
held in the precinct on that date.
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(h) There may be conducted a
referendum in accordance with | ||
the provisions of Division 6-4 of the
Counties Code.
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(Source: P.A. 89-5, eff. 1-1-96; 89-95,
eff. 1-1-96; 89-626, | ||
eff. 8-9-96; 90-358, eff. 1-1-98.)
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(10 ILCS 5/4-6.2) (from Ch. 46, par. 4-6.2)
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Sec. 4-6.2. (a) The county clerk shall appoint all | ||
municipal and township
or road district clerks or their duly | ||
authorized deputies as deputy registrars
who may accept the | ||
registration of all qualified residents of the State.
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The county clerk shall appoint all precinct | ||
committeepersons in the county
as deputy registrars who may | ||
accept the registration of any qualified resident
of the State, | ||
except during the 27 days preceding an election.
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The county clerk shall appoint each of the following named | ||
persons as deputy
registrars upon the written request of such | ||
persons:
| ||
1. The chief librarian, or a qualified person | ||
designated by the chief
librarian, of any public library | ||
situated within the election jurisdiction,
who may accept | ||
the registrations of any qualified resident of the State,
| ||
at such library.
| ||
2. The principal, or a qualified person designated by | ||
the principal, of
any high school, elementary school, or | ||
vocational school situated
within the election | ||
jurisdiction, who may accept the registrations of any
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qualified resident of the State, at such school. The county | ||
clerk shall notify
every principal and vice-principal of | ||
each high school, elementary school, and
vocational school | ||
situated within the election jurisdiction of their
| ||
eligibility to serve as deputy registrars and offer | ||
training courses for
service as deputy registrars at | ||
conveniently located facilities at least 4
months prior to | ||
every election.
| ||
3. The president, or a qualified person designated by | ||
the president, of
any university, college, community | ||
college, academy or other institution of
learning situated | ||
within the election jurisdiction, who may accept the
| ||
registrations of any resident of the State, at such | ||
university, college,
community college, academy or | ||
institution.
| ||
4. A duly elected or appointed official of a bona fide | ||
labor organization,
or a reasonable number of qualified | ||
members designated by such official,
who may accept the | ||
registrations of any qualified resident of the State.
| ||
5. A duly elected or appointed official of a bonafide | ||
State civic
organization, as defined and determined by rule | ||
of the State Board of
Elections, or qualified members | ||
designated by such official, who may accept
the | ||
registration of any qualified resident of the State.
In | ||
determining the number of deputy registrars that shall be | ||
appointed,
the county clerk shall consider the population |
of the jurisdiction, the
size of the organization, the | ||
geographic size of the jurisdiction,
convenience for the | ||
public, the existing number of deputy registrars in the
| ||
jurisdiction and their location, the registration | ||
activities of the
organization and the need to appoint | ||
deputy registrars to assist and
facilitate the | ||
registration of non-English speaking individuals. In no
| ||
event shall a county clerk fix an arbitrary number | ||
applicable to every
civic organization requesting | ||
appointment of its members as deputy
registrars. The State | ||
Board of Elections shall by rule provide for
certification | ||
of bonafide State civic organizations. Such appointments
| ||
shall be made for a period not to exceed 2 years, | ||
terminating on the first
business day of the month | ||
following the month of the general election, and
shall be | ||
valid for all periods of voter registration as provided by | ||
this
Code during the terms of such appointments.
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6.
The Director of Healthcare and Family Services, or a
| ||
reasonable number of employees designated by the Director | ||
and located at
public aid offices, who may accept the | ||
registration of any qualified
resident of the county at any | ||
such public aid office.
| ||
7.
The Director of the Illinois Department of | ||
Employment Security, or a
reasonable number of employees | ||
designated by the Director and located at
unemployment | ||
offices, who may accept the registration of any qualified
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resident of the county at any such unemployment office.
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8. The president of any corporation as defined by the | ||
Business
Corporation Act of 1983, or a reasonable number of | ||
employees designated by
such president, who may accept the | ||
registrations of any qualified resident
of the State.
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If the request to be appointed as deputy registrar is | ||
denied, the
county clerk shall, within 10 days after the date | ||
the request is submitted,
provide the affected individual or | ||
organization with written notice setting
forth the specific | ||
reasons or criteria relied upon to deny the request to
be | ||
appointed as deputy registrar.
| ||
The county clerk may appoint as many additional deputy | ||
registrars as he
considers necessary. The county clerk shall | ||
appoint such additional deputy
registrars in such manner that | ||
the convenience of the public is served,
giving due | ||
consideration to both population concentration and area. Some
| ||
of the additional deputy registrars shall be selected so that | ||
there are an
equal number from each of the 2 major political | ||
parties in the election
jurisdiction. The county clerk, in | ||
appointing an additional deputy
registrar, shall make the | ||
appointment from a list of applicants submitted
by the Chair | ||
Chairman of the County Central Committee of the applicant's
| ||
political party. A Chair Chairman of a County Central Committee | ||
shall submit a
list of applicants to the county clerk by | ||
November 30 of each year. The
county clerk may require a Chair | ||
Chairman of a County Central Committee to
furnish a |
supplemental list of applicants.
| ||
Deputy registrars may accept registrations at any time | ||
other than the 27
day period preceding an election. All persons | ||
appointed as deputy
registrars shall be registered voters | ||
within the county and shall take and
subscribe to the following | ||
oath or affirmation:
| ||
"I do solemnly swear (or affirm, as the case may be) that I | ||
will support
the Constitution of the United States, and the | ||
Constitution of the State
of Illinois, and that I will | ||
faithfully discharge the duties of the office
of deputy | ||
registrar to the best of my ability and that I will register no
| ||
person nor cause the registration of any person except upon his | ||
personal
application before me.
| ||
............................
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(Signature Deputy Registrar)"
| ||
This oath shall be administered by the county clerk, or by | ||
one of his
deputies, or by any person qualified to take | ||
acknowledgement of deeds and
shall immediately thereafter be | ||
filed with the county clerk.
| ||
Appointments of deputy registrars under this Section, | ||
except precinct committeepersons
committeemen , shall be for | ||
2-year terms, commencing on December 1 following
the general | ||
election of each even-numbered year; except that the terms of
| ||
the initial appointments shall be until December 1st following | ||
the next
general election. Appointments of precinct | ||
committeepersons committeemen shall be for 2-year
terms |
commencing on the date of the county convention following the | ||
general
primary at which they were elected. The county clerk | ||
shall issue a
certificate of appointment to each deputy | ||
registrar, and shall maintain in
his office for public | ||
inspection a list of the names of all appointees.
| ||
(b) The county clerk shall be responsible for training all | ||
deputy registrars
appointed pursuant to subsection (a), at | ||
times and locations reasonably
convenient for both the county | ||
clerk and such appointees. The county clerk
shall be | ||
responsible for certifying and supervising all deputy | ||
registrars
appointed pursuant to subsection (a). Deputy | ||
registrars appointed under
subsection (a) shall be subject to | ||
removal for cause.
| ||
(c)
Completed registration materials under the control of | ||
deputy registrars,
appointed pursuant to subsection (a), shall | ||
be returned to the appointing election
authority by first-class | ||
mail within 2 business days or personal delivery within 7 days, | ||
except that completed registration materials
received by the | ||
deputy registrars during the period between the 35th and
28th | ||
day preceding an election shall be returned by the deputy
| ||
registrars to
the appointing election authority within 48 hours | ||
after receipt thereof. The
completed registration materials | ||
received by the deputy registrars on the
28th day preceding an | ||
election shall be returned by the deputy
registrars
within 24 | ||
hours after receipt thereof. Unused materials shall be returned
| ||
by deputy registrars appointed pursuant to paragraph 4 of |
subsection (a),
not later than the next working day following | ||
the close of registration.
| ||
(d) The county clerk or board of election commissioners, as | ||
the case may
be, must provide any additional forms requested by | ||
any deputy registrar
regardless of the number of unaccounted | ||
registration forms the deputy registrar
may have in his or her | ||
possession.
| ||
(e) No deputy registrar shall engage in any electioneering | ||
or the promotion
of any cause during the performance of his or | ||
her duties.
| ||
(f) The county clerk shall not be criminally or civilly | ||
liable for the
acts or omissions of any deputy registrar. Such | ||
deputy registrars shall
not be deemed to be employees of the | ||
county clerk.
| ||
(g) Completed registration materials returned by deputy | ||
registrars for persons residing outside the county shall be | ||
transmitted by the county clerk within 2 days after receipt to | ||
the election authority of the person's election jurisdiction of | ||
residence.
| ||
(Source: P.A. 97-81, eff. 7-5-11.)
| ||
(10 ILCS 5/4-11) (from Ch. 46, par. 4-11)
| ||
Sec. 4-11.
At least 2 weeks prior to the general November | ||
election in
each even numbered year and the consolidated | ||
election in
each odd-numbered
year the county clerk shall cause | ||
a list to be made for each precinct of
all names upon the |
registration record cards not marked or erased, in
alphabetical
| ||
order, with the address, provided, that such list may be | ||
arranged
geographically,
by street and number, in numerical | ||
order, with respect to all precincts
in which all, or | ||
substantially all residences of voters therein shall be
located | ||
upon and numbered along streets, avenues, courts, or other | ||
highways
which are either named or numbered, upon direction | ||
either of the county
board or of the circuit court. On the | ||
list, the county clerk shall indicate,
by italics, asterisk, or | ||
other means, the names of all persons who have
registered since | ||
the last regularly scheduled election in the consolidated
| ||
schedule of elections established in Section 2A-1.1 of this | ||
Act. The county
clerk shall cause such precinct lists to be | ||
printed
or typed in sufficient numbers to meet all reasonable | ||
demands, and
upon application a copy of the same shall be given | ||
to any person applying
therefor. By such time, the county clerk | ||
shall give the precinct lists
to the chair chairman of a county | ||
central committee of an established political
party, as such | ||
party is defined in Section 10-2 of this Act, or to the chair's | ||
chairman's
duly authorized representative. Within 30 days of | ||
the effective date of
this Amendatory Act of 1983, the county | ||
clerk shall give the precinct lists
compiled prior to the | ||
general November election of 1982 to the chair chairman
of | ||
county central committee of an established political party or | ||
to the chair's
chairman's duly authorized representative.
| ||
Prior to the opening of the polls for other elections, the |
county clerk
shall transmit or deliver to the judges of | ||
election of each polling place
a corrected list of registered | ||
voters in the precinct, or the names of persons
added to and | ||
erased or withdrawn from the list for such precinct. At other
| ||
times such list, currently corrected, shall be kept available | ||
for public
inspection in the office of the county clerk.
| ||
Within 60 days after each general election the county
clerk | ||
shall indicate by italics, asterisk, or other means, on the | ||
list of
registered voters in each precinct, each registrant who | ||
voted at that general
election, and shall provide a copy of | ||
such list to the chair chairman of the county
central committee | ||
of each established political party or to the chair's | ||
chairman's
duly authorized representative.
| ||
Within 60 days after the effective date of this amendatory | ||
Act of 1983, the
county clerk shall indicate by italics, | ||
asterisk, or other means, on the
list of registered voters in | ||
each precinct, each registrant who voted at
the general | ||
election of 1982, and shall provide a copy of such coded list
| ||
to the chair chairman
of the county central committee of each | ||
established political party or to
the chair's chairman's duly | ||
authorized representative.
| ||
The county clerk may charge a fee to reimburse the actual
| ||
cost of duplicating
each copy of a list provided under either | ||
of the 2 preceding paragraphs.
| ||
(Source: P.A. 90-358, eff. 1-1-98.)
|
(10 ILCS 5/4-12) (from Ch. 46, par. 4-12)
| ||
Sec. 4-12.
Any voter or voters in the township, city, | ||
village or
incorporated town containing such precinct, and any | ||
precinct committeeperson committeeman
in the county, may, | ||
between the hours of 9:00
a.m. and 5:00 p.m. of Monday and | ||
Tuesday of the second week prior to the
week in which the 1970 | ||
primary election for the nomination of candidates
for State and | ||
county offices or any election thereafter is to be held, make
| ||
application in writing, to the county clerk, to have any name | ||
upon the
register of any precinct erased. Such application | ||
shall be, in substance,
in the words and figures following:
| ||
"I being a qualified voter, registered from No. .... Street | ||
in the ....
precinct of the .... ward of the city (village or | ||
town of) .... (or of the
.... town of ....) do hereby solemnly | ||
swear (or affirm) that ....
registered from No. .... Street is | ||
not a qualified voter in the ....
precinct of .... ward of the | ||
city (village or town) of .... (or of the ....
town of ....) | ||
and hence I ask that his name be erased from the register of
| ||
such precinct for the following reason .....
| ||
Affiant further says that he has personal knowledge of the | ||
facts set
forth in the above affidavit.
| ||
(Signed) .....
| ||
Subscribed and sworn to before me on (insert date).
| ||
....
| ||
....
| ||
....."
|
Such application shall be signed and sworn to by the | ||
applicant before
the county clerk or any deputy authorized by | ||
the county clerk for that
purpose, and filed with said clerk. | ||
Thereupon notice of such application,
and of the time and place | ||
of hearing thereon, with a demand to appear
before the county | ||
clerk and show cause why his name shall not be erased
from said | ||
register, shall be mailed, in an envelope duly stamped and
| ||
directed to such person at the address upon said register, at | ||
least four
days before the day fixed in said notice to show | ||
cause. If such person has provided the election authority with | ||
an e-mail address, then the election authority shall also send | ||
the same notice by electronic mail at least 4 days before the | ||
day fixed in said notice to show cause.
| ||
A like notice shall be mailed to the person or persons | ||
making the
application to have the name upon such register | ||
erased to appear and show
cause why said name should be erased, | ||
the notice to set out the day and
hour of such hearing. If the | ||
voter making such application fails to appear
before said clerk | ||
at the time set for the hearing as fixed in the said
notice or | ||
fails to show cause why the name upon such register shall be
| ||
erased, the application to erase may be dismissed by the county | ||
clerk.
| ||
Any voter making the application is privileged from arrest | ||
while
presenting it to the county clerk, and while going to and | ||
from the office
of the county clerk.
|
(Source: P.A. 98-115, eff. 10-1-13.)
| ||
(10 ILCS 5/4-22) (from Ch. 46, par. 4-22)
| ||
Sec. 4-22.
Except as otherwise provided in this Section | ||
upon application
to vote each registered elector shall sign his | ||
name or make his mark as the
case may be, on a certificate | ||
substantially as follows:
| ||
CERTIFICATE OF REGISTERED VOTER
| ||
City of ....... Ward ....... Precinct .......
| ||
Election ....... (Date) ....... (Month) ....... (Year)
| ||
Registration Record .......
| ||
Checked by .......
| ||
Voter's number ....
| ||
INSTRUCTION TO VOTERS
| ||
Sign this certificate and hand it to the election officer | ||
in charge. After
the registration record has been checked, the | ||
officer will hand it back
to you. Whereupon you shall present | ||
it to the officer in charge of the ballots.
| ||
I hereby certify that I am registered from the address | ||
below and am qualified to vote.
| ||
Signature of voter .......
| ||
residence address .......
| ||
An individual shall not be required to provide his social
| ||
security number when applying for a ballot. He shall not be | ||
denied a
ballot, nor shall his ballot be challenged, solely | ||
because of his refusal
to provide his social security number.
|
Nothing in this Act prevents an individual from being requested
| ||
to provide his social security number when the individual | ||
applies for a
ballot.
If, however, the certificate contains a | ||
space for the individual's
social security number, the | ||
following notice shall appear on the
certificate, immediately | ||
above such space,
in bold-face capital letters, in type the | ||
size of which
equals the largest type on the certificate:
| ||
"THE INDIVIDUAL APPLYING FOR A BALLOT WITH THIS DOCUMENT IS | ||
NOT REQUIRED
TO DISCLOSE HIS OR HER SOCIAL SECURITY NUMBER. HE | ||
OR SHE MAY NOT BE DENIED
A BALLOT, NOR SHALL HIS OR HER BALLOT | ||
BE CHALLENGED, SOLELY BECAUSE OF HIS
OR HER REFUSAL TO PROVIDE | ||
HIS OR HER SOCIAL
SECURITY NUMBER."
| ||
The certificates of each State-wide political party at a | ||
general primary election
shall be separately printed upon paper | ||
of uniform quality, texture and size,
but the certificates of | ||
no 2 State-wide political parties shall be of the
same color or | ||
tint. However, if the election authority provides computer
| ||
generated applications with the precinct, ballot style and | ||
voter's name
and address preprinted on the application, a | ||
single application may be used
for State-wide political parties | ||
if it contains spaces or check-off boxes
to indicate the | ||
political party. Such application shall not entitle the
voter | ||
to vote in the primary of more than one political party at the | ||
same election.
| ||
At the consolidated primary, such certificates may contain | ||
spaces or checkoff
boxes permitting the voter to request a |
primary ballot of any other political
party which is | ||
established only within a political subdivision and for which
a | ||
primary is conducted on the same election day. Such application | ||
shall
not entitle the voter
to vote in both the primary of the | ||
State-wide political party and the primary
of the local | ||
political party with respect to the offices of the same | ||
political
subdivision. In no event may a voter vote in more | ||
than one State-wide primary
on the same day.
| ||
The judges in charge of the precinct registration files | ||
shall compare the
signature upon such certificate with the | ||
signature on the registration record
card as a means of | ||
identifying the voter. Unless satisfied by such comparison
that | ||
the applicant to vote is the identical person who is registered | ||
under
the same name, the judges shall ask such applicant the | ||
questions for identification
which appear on the registration | ||
card, and if the applicant does not prove
to the satisfaction | ||
of a majority of the judges of the election precinct
that he is | ||
the identical person registered under the name in question then
| ||
the vote of such applicant shall be challenged by a judge of | ||
election, and
the same procedure
followed as provided by law | ||
for challenged voters.
| ||
In case the elector is unable to sign his name, a judge of | ||
election shall
check the data on the registration card and | ||
shall check the address given,
with the registered address, in | ||
order to determine whether he is entitled to vote.
| ||
One of the judges of election shall check the certificate |
of each applicant
for a ballot after the registration record | ||
has been examined, and shall
sign his initials on the | ||
certificate in the space provided therefor, and
shall enter | ||
upon such certificate the number of the voter in the place | ||
provided
therefor, and make an entry in the voting record space | ||
on the registration
record, to indicate whether or not the | ||
applicant voted. Such judge shall
then hand such certificate | ||
back to the applicant in case he is permitted
to vote, and such | ||
applicant shall hand it to the judge of election in charge
of | ||
the ballots. The certificates of the voters shall be filed in | ||
the order
in which they are received and shall constitute an | ||
official poll record.
The term "poll lists" and "poll books", | ||
where used in this Article, shall
be construed to apply to such | ||
official poll record.
| ||
After each general primary election the county clerk shall | ||
indicate by
color code or other means next to the name of each | ||
registrant on the list
of registered voters in each precinct | ||
the primary ballot of a political
party that the registrant | ||
requested at that general primary election. The
county clerk, | ||
within 60 days after the general primary election, shall | ||
provide
a copy of this coded list to the chair chairman of the | ||
county central committee
of each established political party or | ||
to the chair's chairman's duly authorized representative.
| ||
Within 60 days after the effective date of this amendatory | ||
Act of 1983,
the county clerk shall provide to the chair | ||
chairman of the county central committee
of each established |
political party or to the chair's chairman's duly authorized
| ||
representative
the list of registered voters in each precinct | ||
at the time of the general
primary election of 1982 and shall | ||
indicate on such list by color code or
other means next to the | ||
name of a registrant the primary ballot of a political
party | ||
that the registrant requested at the general primary election | ||
of 1982.
| ||
The county clerk may charge a fee to reimburse the actual
| ||
cost of duplicating
each copy of a list provided under either | ||
of the 2 preceding paragraphs.
| ||
Where an elector makes application to vote by signing and | ||
presenting the
certificate provided by this Section, and his | ||
registration record card is
not found in the precinct registry | ||
of voters, but his name appears as that
of a registered voter | ||
in such precinct upon the printed precinct register
as | ||
corrected or revised by the supplemental list, or upon the | ||
consolidated
list, if any, and whose name has not been erased | ||
or withdrawn from such
register, the printed precinct register | ||
as corrected or revised by the supplemental
list, or | ||
consolidated list, if any, shall be prima facie evidence of the
| ||
elector's right to vote upon compliance with the provisions | ||
hereinafter
set forth in this Section. In such event one of the | ||
judges of election
shall require an affidavit by such person | ||
and one voter residing in the
precinct before the judges of | ||
election, substantially in the form prescribed
in Section 17-10 | ||
of this Act, and upon the presentation of such affidavits,
a |
certificate shall be issued to such elector, and upon the | ||
presentation
of such certificate and affidavits, he shall be | ||
entitled to vote.
| ||
Provided, however, that applications for ballots made by | ||
registered voters
under the provisions of Article 19 of this | ||
Act shall be accepted by the
Judges of Election in lieu of the | ||
"Certificate of Registered Voter" provided
for in this Section.
| ||
When the county clerk delivers to the judges of election | ||
for use at the
polls a supplemental or consolidated list of the | ||
printed precinct register,
he shall give a copy of the | ||
supplemental or consolidated list to the chair chairman
of a | ||
county central committee of an established political party or | ||
to the chair's
chairman's duly authorized representative.
| ||
Whenever 2 or more elections occur simultaneously, the | ||
election authority
charged with the duty of providing | ||
application certificates may prescribe
the form thereof so that | ||
a voter is required to execute only one, indicating
in which of | ||
the elections he desires to vote.
| ||
After the signature has been verified, the judges shall | ||
determine in which
political subdivisions the voter resides by | ||
use of the information contained
on the voter registration | ||
cards or the separate registration lists or other
means | ||
approved by the State Board of Elections and prepared and | ||
supplied
by the election authority. The voter's certificate | ||
shall be so marked by
the judges as to
show the respective | ||
ballots which the voter is given.
|
(Source: P.A. 84-809.)
| ||
(10 ILCS 5/5-14) (from Ch. 46, par. 5-14)
| ||
Sec. 5-14.
Either of the canvassers shall, at the end of | ||
the canvass,
return the "Verification Lists" to the County | ||
Clerk and a certificate of
the correctness of such return. | ||
Immediately after receipt of such Verification
Lists, the | ||
County Clerk shall cause copies to be printed in plain large
| ||
type in sufficient numbers to meet all demands, and upon | ||
application, a
copy of the same shall be given to any person | ||
applying therefor. Thereafter
a list of registered voters in | ||
each precinct shall be compiled by the County
clerk, prior to | ||
the General Election to be held in November of each even
| ||
numbered year. On the list, the County Clerk shall indicate, by | ||
italics,
asterisk, or other means, the names of all persons who | ||
have registered since
the last regularly scheduled election in | ||
the consolidated schedule of elections
established in Section | ||
2A-1.1 of this Act.
| ||
When the list of registered voters in each precinct is | ||
compiled, the
County Clerk shall give a copy of it to the chair | ||
chairman of a county central
committee of an established | ||
political party, as such party is defined in
Section 10-2 of | ||
this Act, or to the chair's chairman's duly authorized | ||
representative.
Within 30 days of the effective date of this | ||
Amendatory Act of 1983, the
County Clerk shall
give the list of | ||
registered voters in each precinct that was compiled prior
to |
the general November election of 1982 to the chair chairman of | ||
a county central
committee of an established political party or | ||
to the chair's chairman's duly
authorized
representative.
| ||
Within 60 days after each general election the county clerk
| ||
shall indicate by italics, asterisk, or other means, on the | ||
list of registered
voters in each precinct, each registrant who | ||
voted at that general election,
and shall provide a copy of | ||
such list to the chair chairman of the county central
committee | ||
of each established political party or to the chair's | ||
chairman's duly
authorized representative.
| ||
Within 60 days after the effective date of this amendatory | ||
Act of 1983, the
county clerk shall indicate by italics, | ||
asterisk, or other means, on the
list of registered voters in | ||
each precinct, each registrant who voted at
the general | ||
election of 1982, and shall provide a copy of such
coded list | ||
to the chair chairman of the county central committee of each | ||
established
political party or to the chair's chairman's duly | ||
authorized representative.
| ||
The county clerk may charge a fee to reimburse the actual
| ||
cost of duplicating
each copy of a list provided under either | ||
of the 2 preceding paragraphs.
| ||
(Source: P.A. 83-1263.)
| ||
(10 ILCS 5/5-15) (from Ch. 46, par. 5-15)
| ||
Sec. 5-15.
Any voter or voters in the township, city, | ||
village, or
incorporated town containing such precinct, and any |
precinct committeeperson committeeman
in the county, may, | ||
between the hours of nine
o'clock a.m. and six o'clock p.m. of | ||
the Monday and Tuesday of the third
week immediately preceding | ||
the week in which such April 10, 1962 Primary
Election is to be | ||
held, make application in writing, before such County
Clerk, to | ||
have any name upon such register of any precinct erased.
| ||
Thereafter such application shall be made between the hours of | ||
nine o'clock
a.m. and six o'clock p.m. of Monday and Tuesday of | ||
the second week prior
to the week in which any county, city, | ||
village, township, or incorporated
town election is to be held. | ||
Such application shall be in substance, in the
words and | ||
figures following:
| ||
"I, being a qualified voter, registered from No. .... | ||
Street in the ....
precinct of the .... Ward of the city | ||
(village or town of .... ) of
the .... District .... town of | ||
.... do hereby solemnly swear (or affirm) that
.... registered | ||
from No. .... Street is not a qualified voter in the ....
| ||
precinct of the .... ward of the city (village or town) of .... | ||
or of the
.... district town of .... hence I ask that his name | ||
be erased from the
register of such precinct for the following | ||
reason ..... Affiant further
says that he has personal | ||
knowledge of the facts set forth in the above
affidavit.
| ||
(Signed) .....
| ||
Subscribed and sworn to before me on (insert date).
| ||
....
| ||
....
|
...."
| ||
Such application shall be signed and sworn to by the | ||
applicant before
the County Clerk or any Deputy authorized by | ||
the County Clerk for that
purpose, and filed with the Clerk. | ||
Thereupon notice of such application,
with a demand to appear | ||
before the County Clerk and show cause why his name
shall not | ||
be erased from the register, shall be mailed by special
| ||
delivery, duly stamped and directed, to such person, to the | ||
address upon
said register at least 4 days before the day fixed | ||
in said notice to
show cause. If such person has provided the | ||
election authority with an e-mail address, then the election | ||
authority shall also send the same notice by electronic mail at | ||
least 4 days before the day fixed in said notice to show cause.
| ||
A like notice shall be mailed to the person or persons | ||
making the
application to have the name upon such register | ||
erased to appear and show
cause why the name should be erased, | ||
the notice to set out the day and
hour of such hearing. If the | ||
voter making such application fails to appear
before the Clerk | ||
at the time set for the hearing as fixed in the said
notice or | ||
fails to show cause why the name upon such register shall be
| ||
erased, the application may be dismissed by the County Clerk.
| ||
Any voter making such application or applications shall be | ||
privileged
from arrest while presenting the same to the County | ||
Clerk, and whilst going
to and returning from the office of the | ||
County Clerk.
| ||
(Source: P.A. 98-115, eff. 10-1-13.)
|
(10 ILCS 5/5-16.2) (from Ch. 46, par. 5-16.2)
| ||
Sec. 5-16.2. (a) The county clerk shall appoint all | ||
municipal and
township clerks or their duly authorized deputies | ||
as deputy registrars who
may accept the registration of all | ||
qualified residents of the State.
| ||
The county clerk shall appoint all precinct | ||
committeepersons in the county
as deputy registrars who may | ||
accept the registration of any qualified resident
of the State, | ||
except during the 27 days preceding an election.
| ||
The county clerk shall appoint each of the following named | ||
persons as deputy
registrars upon the written request of such | ||
persons:
| ||
1. The chief librarian, or a qualified person | ||
designated by the chief
librarian, of any public library | ||
situated within the election jurisdiction,
who may accept | ||
the registrations of any qualified resident of the State,
| ||
at such library.
| ||
2. The principal, or a qualified person designated by | ||
the principal, of
any high school, elementary school, or | ||
vocational school situated
within the election | ||
jurisdiction, who may accept the registrations of any
| ||
resident of the State, at such school. The county clerk | ||
shall notify every
principal and vice-principal of each | ||
high school, elementary school, and
vocational school | ||
situated within the election jurisdiction of their
|
eligibility to serve as deputy registrars and offer | ||
training courses for
service as deputy registrars at | ||
conveniently located facilities at least 4
months prior to | ||
every election.
| ||
3. The president, or a qualified person designated by | ||
the president, of
any university, college, community | ||
college, academy or other institution
of learning situated | ||
within the election jurisdiction, who may accept the
| ||
registrations of any resident of the State, at such | ||
university, college,
community college, academy or | ||
institution.
| ||
4. A duly elected or appointed official of a bona fide | ||
labor organization,
or a reasonable number of qualified | ||
members designated by such official,
who may accept the | ||
registrations of any qualified resident of the State.
| ||
5. A duly elected or appointed official of a bona fide | ||
State civic
organization, as defined and determined by rule | ||
of the State Board of
Elections, or qualified members | ||
designated by such official, who may accept
the | ||
registration of any qualified resident of the State.
In | ||
determining the number of deputy registrars that shall be | ||
appointed,
the county clerk shall consider the population | ||
of the jurisdiction, the
size of the organization, the | ||
geographic size of the jurisdiction,
convenience for the | ||
public, the existing number of deputy registrars in the
| ||
jurisdiction and their location, the registration |
activities of the
organization and the need to appoint | ||
deputy registrars to assist and
facilitate the | ||
registration of non-English speaking individuals. In no
| ||
event shall a county clerk fix an arbitrary number | ||
applicable to every
civic organization requesting | ||
appointment of its members as deputy registrars.
The State | ||
Board of Elections shall by rule provide for
certification | ||
of bona fide State civic organizations.
Such appointments | ||
shall be made for a period not to exceed 2 years,
| ||
terminating on the first business day of the month | ||
following the month of
the general election, and shall be | ||
valid for all periods of voter
registration as provided by | ||
this Code during the terms of such appointments.
| ||
6.
The Director of Healthcare and Family Services, or a
| ||
reasonable number of employees designated by the Director | ||
and located at
public aid offices, who may accept the | ||
registration of any qualified
resident of the county at any | ||
such public aid office.
| ||
7.
The Director of the Illinois Department of | ||
Employment Security, or a
reasonable number of employees | ||
designated by the Director and located at
unemployment | ||
offices, who may accept the registration of any qualified
| ||
resident of the county at any such unemployment office.
| ||
8. The president of any corporation as defined by the | ||
Business
Corporation Act of 1983, or a reasonable number of | ||
employees designated by
such president, who may accept the |
registrations of any qualified resident
of the State.
| ||
If the request to be appointed as deputy registrar is | ||
denied, the
county clerk shall, within 10 days after the date | ||
the request is submitted,
provide the affected individual or | ||
organization with written notice setting
forth the specific | ||
reasons or criteria relied upon to deny the request to
be | ||
appointed as deputy registrar.
| ||
The county clerk may appoint as many additional deputy | ||
registrars as he
considers necessary. The county clerk shall | ||
appoint such additional deputy
registrars in such manner that | ||
the convenience of the public is served,
giving due | ||
consideration to both population concentration and area. Some
| ||
of the additional deputy registrars shall be selected so that | ||
there are an
equal number from each of the 2 major political | ||
parties in the election
jurisdiction. The county clerk, in | ||
appointing an additional deputy
registrar, shall make the | ||
appointment from a list of applicants submitted
by the Chair | ||
Chairman of the County Central Committee of the applicant's
| ||
political party. A Chair Chairman of a County Central Committee | ||
shall submit a
list of applicants to the county clerk by | ||
November 30 of each year. The
county clerk may require a Chair | ||
Chairman of a County Central Committee to
furnish a | ||
supplemental list of applicants.
| ||
Deputy registrars may accept registrations at any time | ||
other than the 27
day period preceding an election. All persons | ||
appointed as deputy
registrars shall be registered voters |
within the county and shall take and
subscribe to the following | ||
oath or affirmation:
| ||
"I do solemnly swear (or affirm, as the case may be) that I | ||
will support
the Constitution of the United States, and the | ||
Constitution of the State
of Illinois, and that I will | ||
faithfully discharge the duties of the office
of deputy | ||
registrar to the best of my ability and that I will register
no | ||
person nor cause the registration of any person except upon his | ||
personal
application before me.
| ||
...............................
| ||
(Signature of Deputy Registrar)"
| ||
This oath shall be administered by the county clerk, or by | ||
one of his
deputies, or by any person qualified to take | ||
acknowledgement of deeds and
shall immediately thereafter be | ||
filed with the county clerk.
| ||
Appointments of deputy registrars under this Section, | ||
except precinct committeepersons
committeemen , shall be for | ||
2-year terms, commencing on December 1 following
the general | ||
election of each even-numbered year, except that the terms of
| ||
the initial appointments shall be until December 1st following | ||
the next
general election. Appointments of precinct | ||
committeepersons committeemen shall be for
2-year terms | ||
commencing on the date of the county convention following the
| ||
general primary at which they were elected. The county clerk | ||
shall issue a
certificate of appointment to each deputy | ||
registrar, and shall maintain in
his office for public |
inspection a list of the names of all appointees.
| ||
(b) The county clerk shall be responsible for training all | ||
deputy registrars
appointed pursuant to subsection (a), at | ||
times and locations reasonably
convenient for both the county | ||
clerk and such appointees. The county clerk
shall be | ||
responsible for certifying and supervising all deputy | ||
registrars
appointed pursuant to subsection (a). Deputy | ||
registrars appointed under
subsection (a) shall be subject to | ||
removal for cause.
| ||
(c)
Completed registration materials under the control of | ||
deputy registrars,
appointed pursuant to subsection (a), shall | ||
be returned to the appointing election
authority by first-class | ||
mail within 2 business days or personal delivery within 7 days, | ||
except that completed registration materials
received by the | ||
deputy registrars during the period between the 35th and
28th | ||
day preceding an election shall be returned by the deputy
| ||
registrars to
the appointing election authority within 48 hours | ||
after receipt thereof. The
completed registration materials | ||
received by the deputy registrars on the
28th day preceding an | ||
election shall be returned by the deputy
registrars within 24 | ||
hours after receipt thereof.
Unused materials shall be returned | ||
by deputy
registrars appointed pursuant to paragraph 4 of | ||
subsection (a), not later
than the next working day following | ||
the close of registration.
| ||
(d) The county clerk or board of election commissioners, as | ||
the case may
be, must provide any additional forms requested by |
any deputy registrar
regardless of the number of unaccounted | ||
registration forms the deputy registrar
may have in his or her | ||
possession.
| ||
(e) No deputy registrar shall engage in any electioneering | ||
or the promotion
of any cause during the performance of his or | ||
her duties.
| ||
(f) The county clerk shall not be criminally or civilly | ||
liable for the
acts or omissions of any deputy registrar. Such | ||
deputy registers shall not
be deemed to be employees of the | ||
county clerk.
| ||
(g) Completed registration materials returned by deputy | ||
registrars for persons residing outside the county shall be | ||
transmitted by the county clerk within 2 days after receipt to | ||
the election authority of the person's election jurisdiction of | ||
residence.
| ||
(Source: P.A. 97-81, eff. 7-5-11.)
| ||
(10 ILCS 5/5-29) (from Ch. 46, par. 5-29)
| ||
Sec. 5-29.
Upon application to vote, except as hereinafter | ||
provided
for absent electors, each registered elector shall | ||
sign his name or make
his mark as the case may be, on a | ||
certificate substantially as follows:
| ||
"Certificate of Registered Voter
| ||
Town of................District or Precinct Number..........;
| ||
City of................Ward...............Precinct..........;
| ||
Village of................................Precinct..........;
|
Election.....................................................
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(date) (month) (year)
| ||
Registration record
| ||
Checked by.....................
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Voter's number..................
| ||
Instruction to voters
| ||
Sign this certificate and hand it to the election officer | ||
in charge.
After the registration record has been checked, the | ||
officer will hand it
back to you. Whereupon you shall present | ||
it to the officer in charge of
the ballots.
| ||
I hereby certify that I am registered from the address | ||
below and am
qualified to vote.
| ||
Signature of voter ...............
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Residence address ..............."
| ||
An individual shall not be required to provide his social
| ||
security number when applying for a ballot. He shall not be | ||
denied a
ballot, nor shall his ballot be challenged, solely | ||
because of his refusal
to provide his social security number.
| ||
Nothing in this Act prevents an individual from being requested
| ||
to provide his social security number when the individual | ||
applies for a
ballot.
If, however, the certificate contains a | ||
space for the individual's
social security number, the | ||
following notice shall appear on the
certificate, immediately | ||
above such space,
in bold-face capital letters, in type the | ||
size of which
equals the largest type on the certificate:
| ||
"THE INDIVIDUAL APPLYING FOR A BALLOT WITH THIS DOCUMENT IS |
NOT REQUIRED
TO DISCLOSE HIS OR HER SOCIAL SECURITY NUMBER. HE | ||
OR SHE MAY NOT BE DENIED
A BALLOT, NOR SHALL HIS OR HER BALLOT | ||
BE CHALLENGED, SOLELY BECAUSE OF HIS
OR HER REFUSAL TO PROVIDE | ||
HIS OR HER SOCIAL
SECURITY NUMBER."
| ||
Certificates as above prescribed shall be furnished by the | ||
county
clerk for all elections.
| ||
The Judges in charge of the precinct registration files | ||
shall compare
the signature upon such certificate with the | ||
signature on the
registration record card as a means of | ||
identifying the voter. Unless
satisfied by such comparison that | ||
the applicant to vote is the identical
person who is registered | ||
under the same name, the Judges shall ask such
applicant the | ||
questions for identification which appear on the
registration | ||
card and if the applicant does not prove to the
satisfaction of | ||
a majority of the judges of the election precinct that
he is | ||
the identical person registered under the name in question then
| ||
the vote for such applicant shall be challenged by a Judge of | ||
Election,
and the same procedure followed as provided by law | ||
for challenged voters.
| ||
In case the elector is unable to sign his name, a Judge of | ||
Election
shall check the data on the registration card and | ||
shall check the
address given, with the registered address, in | ||
order to determine
whether he is entitled to vote.
| ||
One of the Judges of election shall check the certificate | ||
of each
applicant for a ballot after the registration record | ||
has been examined
and shall sign his initials on the |
certificate in the space provided
therefor, and shall enter | ||
upon such certificate the number of the voter
in the place | ||
provided therefor, and make an entry in the voting record
space | ||
on the registration record, to indicate whether or not the
| ||
applicant voted. Such judge shall then hand such certificate | ||
back to the
applicant in case he is permitted to vote, and such | ||
applicant shall hand
it to the judge of election in charge of | ||
the ballots. The certificates
of the voters shall be filed in | ||
the order in which they are received and
shall constitute an | ||
official poll record. The term "Poll Lists" and
"Poll Books" | ||
where used in this article 5 shall be construed to apply to
| ||
such official poll records.
| ||
After each general primary election the county clerk shall | ||
indicate by
color code or other means next to the name of each | ||
registrant on the list
of registered voters in each precinct | ||
the primary ballot of a political
party that the registrant | ||
requested at that general primary election. The
county clerk, | ||
within 60 days after the general primary election, shall
| ||
provide a copy of this coded list to the chair chairman of the | ||
county central
committee of each established political party or | ||
to the chair's chairman's duly
authorized representative.
| ||
Within 60 days after the effective date of this amendatory | ||
Act of 1983,
the county clerk shall provide to the chair | ||
chairman of the county central
committee of each established | ||
political party or to the chair's chairman's duly
authorized | ||
representative the list of registered voters in each precinct |
at
the time of the general primary election of 1982 and shall | ||
indicate on such
list by color code or other means next to the | ||
name of a registrant the
primary ballot of a political party | ||
that the registrant requested at the
general primary election | ||
of 1982.
| ||
The county clerk may charge a fee to reimburse the actual | ||
cost of
duplicating each copy of a list provided under either | ||
of the 2
preceding paragraphs.
| ||
Where an elector makes application to vote by signing and | ||
presenting
the certificate provided by this Section, and his | ||
registration record
card is not found in the precinct registry | ||
of voters, but his name
appears as that of a registered voter | ||
in such precinct upon the printed
precinct list of voters and | ||
whose name has not been erased or withdrawn
from such register, | ||
it shall be the duty of one of the Judges of
Election to | ||
require an affidavit by such person and two voters residing
in | ||
the precinct before the judges of election that he is the same | ||
person
whose name appears upon the precinct register and that | ||
he resides in the
precinct stating the street number of his | ||
residence. Forms for such
affidavit shall be supplied by the | ||
county clerk for all elections. Upon
the making of such | ||
affidavit and the presentation of his certificate
such elector | ||
shall be entitled to vote. All affidavits made under this
| ||
paragraph shall be preserved and returned to the county clerk | ||
in an
envelope. It shall be the duty of the county clerk within | ||
30 days after
such election to take steps provided by Section |
5-27 of this article 5
for the execution of new registration | ||
affidavits by electors who have
voted under the provisions of | ||
this paragraph.
| ||
Provided, however, that the applications for ballots made | ||
by
registered voters and under the provisions of article 19 of | ||
this act
shall be accepted by the Judges of Election in lieu of | ||
the "certificate
of registered voter" provided for in this | ||
section.
| ||
When the county clerk delivers to the judges of election | ||
for use at the
polls a supplemental or consolidated list of the | ||
printed precinct register,
he shall give a copy of the | ||
supplemental or consolidated list to the chair chairman
of a | ||
county central committee of an established political party or | ||
to the chair's
chairman's duly authorized representative.
| ||
Whenever two or more elections occur simultaneously, the | ||
election
authority charged with the duty of providing | ||
application certificates
may prescribe the form thereof so that | ||
a voter is required to execute
only one, indicating in which of | ||
the elections he desires to vote.
| ||
After the signature has been verified, the judges shall | ||
determine in
which political subdivisions the voter resides by | ||
use of the information
contained on the voter registration | ||
cards or the separate registration
lists or other means | ||
approved by the State Board of Elections and
prepared and | ||
supplied by the election authority. The voter's
certificate | ||
shall be so marked by the judges as to show the respective
|
ballots which the voter is given.
| ||
(Source: P.A. 84-809; 84-832 .)
| ||
(10 ILCS 5/6-24) (from Ch. 46, par. 6-24)
| ||
Sec. 6-24.
Within 20 days after such first appointment | ||
shall be
made, such commissioners shall organize as a board by | ||
electing one of
their number as chair chairman and one as | ||
secretary, and they shall perform
the duties incident to such | ||
offices. And upon every new appointment of
a commissioner, such | ||
board shall reorganize in like manner. Each
commissioner, | ||
before taking his seat in such board, shall take an oath
of | ||
office before the court, which in substance shall be in the | ||
following
form:
| ||
"I, .... do solemnly swear, (or affirm) that I am a citizen | ||
of the
United States, and have resided in the State of
Illinois | ||
for a period of 2 years last past, and that I am a legal
voter | ||
and resident of the jurisdiction of the .......... Board of | ||
Election
Commissioners. That I will support the Constitution of
| ||
the United States and of the State of Illinois, and the laws | ||
passed in
pursuance thereof, to the best of my ability, and | ||
will faithfully and
honestly discharge the duties of the office | ||
of election commissioner."
| ||
Where the 2 year residence requirement is waived by the | ||
appointing court,
the provision pertaining to the 2 year | ||
residence requirement shall be omitted
from the oath of office.
| ||
Which oath, when subscribed and sworn to before such court |
shall be
filed in the office of the county clerk of said county | ||
and be there
preserved. Such commissioner shall also, before | ||
taking such oath, give
an official bond in the sum of | ||
$10,000.00 with two securities, to be
approved by said court, | ||
conditioned for the faithful and honest
performance of his | ||
duties and the preservation of the property of his
office. Such | ||
board of commissioners shall at once secure and open an
office | ||
sufficient for the purposes of such board, which shall be kept
| ||
open during ordinary business hours of each week day and such | ||
other days
and such other times as the board may direct or as | ||
otherwise required by
law, legal holidays excepted; provided | ||
that such office shall be
kept open from the time of opening | ||
the polls on the day of any election,
primary or general, and | ||
until all returns of that election have been
received from each | ||
precinct under the jurisdiction of such Board. Upon
the opening | ||
of such office the county clerk of the county in which such
| ||
city, village or incorporated town is situated shall, upon | ||
demand, turn
over to such board all registry books, | ||
registration record cards, poll
books, tally sheets and ballot | ||
boxes heretofore used and all other
books, forms, blanks and | ||
stationery of every description in his hands in
any way | ||
relating to elections or the holding of elections within such
| ||
city, village or incorporated town.
| ||
(Source: P.A. 80-1437.)
| ||
(10 ILCS 5/6-44) (from Ch. 46, par. 6-44)
|
Sec. 6-44.
Any voter or voters in the ward, village or | ||
incorporated
town containing such precinct, and any precinct | ||
committeeperson committeeman in the
county, may, between the | ||
hours of nine o'clock a.m. and six p.m. of
Monday and Tuesday | ||
of the second week prior to
the week in which such election is | ||
to be held make application in
writing, before such board of | ||
election commissioners, to have any name
upon such register of | ||
any precinct erased. However, in
municipalities having a | ||
population of more than 500,000 and having a
board of election | ||
commissioners (except as otherwise provided for such
| ||
municipalities in Section 6-60 of this Article) and in all | ||
cities,
villages and incorporated towns within the | ||
jurisdiction of such board,
such application shall be made | ||
between the hours of nine o'clock a.m.
and six o'clock p.m. of | ||
Monday and Tuesday of the second week prior to
the week in | ||
which such election is to be held. Such application shall
be, | ||
in substance, in the words and figures following:
| ||
"I being a qualified voter, registered from No. .... street | ||
in the
.... precinct of the .... ward of the city (village or | ||
town) of .... do
hereby solemnly swear (or affirm) that I have | ||
personal knowledge that
.... registered from No. .... street is | ||
not a qualified voter in the
.... precinct of the .... ward of | ||
the city (village or town) of .... and
hence I ask that his | ||
name be erased from the register of such precinct
for the | ||
following reason ....
| ||
Affiant further says that he has personal knowledge of the |
facts set
forth in the above affidavit.
| ||
(Signed)....
| ||
Subscribed and sworn to before me on (insert date).
| ||
....
| ||
...."
| ||
Such application shall be signed and sworn to by the | ||
applicant before
any member of the board or the clerk thereof | ||
and filed with said board.
Thereupon notice of such | ||
application, with a demand to appear before the
board of | ||
election commissioners and show cause why his name shall not be
| ||
erased from said register, shall be personally served upon such | ||
person
or left at his place of residence indicated in such | ||
register, or in the
case of a homeless individual, at his or | ||
her mailing address, by a
messenger of said board of election | ||
commissioners, and, as to the manner
and time of serving such | ||
notice such messenger shall make affidavit;
the messenger shall | ||
also make affidavit of the fact in case he cannot
find such | ||
person or his place of residence, and that he went to the place
| ||
named on such register as his or her place of residence. Such | ||
notice shall
be served at least one day before the time fixed | ||
for such party to show cause.
| ||
The commissioners shall also cause a like notice or demand | ||
to be sent
by mail duly stamped and directed, to such person, | ||
to the address upon the
register at least 2 days before the day | ||
fixed in the notice to show cause.
| ||
A like notice shall be served on the person or persons |
making the
application to have the name upon such register | ||
erased to appear and
show cause why said name shall be erased, | ||
the notice to set out the day
and hour of such hearing. If the | ||
voter making such application fails to
appear before said board | ||
at the time set for the hearing as fixed in the
notice or fails | ||
to show cause why the name upon such register shall
be erased, | ||
the application may be dismissed by the board.
| ||
Any voter making such application or applications shall be | ||
privileged
from arrest while presenting the same to the board | ||
of election commissioners,
and while going to and returning | ||
from the board of election commissioners.
| ||
(Source: P.A. 91-357, eff. 7-29-99.)
| ||
(10 ILCS 5/6-50.2) (from Ch. 46, par. 6-50.2)
| ||
Sec. 6-50.2. (a) The board of election commissioners shall | ||
appoint all
precinct committeepersons in the election | ||
jurisdiction as deputy registrars
who may accept the | ||
registration of any qualified resident of the State, except | ||
during the 27 days preceding an election.
| ||
The board of election commissioners shall appoint each of | ||
the following
named persons as deputy registrars upon the | ||
written request of such persons:
| ||
1. The chief librarian, or a qualified person | ||
designated by the chief
librarian, of any public library | ||
situated within the election jurisdiction,
who may accept | ||
the registrations of any qualified resident of the State, |
at such library.
| ||
2. The principal, or a qualified person designated by | ||
the principal, of
any high school, elementary school, or | ||
vocational school situated
within the election | ||
jurisdiction, who may accept the registrations of any
| ||
resident of the State, at such school. The board of | ||
election
commissioners shall notify every principal and | ||
vice-principal of each high
school, elementary school, and | ||
vocational school situated in the election
jurisdiction of | ||
their eligibility to serve as deputy registrars and offer
| ||
training courses for service as deputy registrars at | ||
conveniently located
facilities at least 4 months prior to | ||
every election.
| ||
3. The president, or a qualified person designated by | ||
the president, of
any university, college, community | ||
college, academy or other institution
of learning situated | ||
within the State, who may accept the
registrations of any | ||
resident of the election jurisdiction, at such university,
| ||
college, community college, academy or institution.
| ||
4. A duly elected or appointed official of a bona fide | ||
labor
organization, or a reasonable number of qualified | ||
members designated
by such official, who may accept the | ||
registrations of any qualified
resident of the State.
| ||
5. A duly elected or appointed official of a bona fide | ||
State civic
organization, as defined and determined by rule | ||
of the State Board of
Elections, or qualified members |
designated by such official, who may accept
the | ||
registration of any qualified resident of the State.
In | ||
determining the number of deputy registrars that shall be | ||
appointed,
the board of election commissioners shall | ||
consider the population of the
jurisdiction, the size of | ||
the organization, the geographic size of the
jurisdiction, | ||
convenience for the public, the existing number of deputy
| ||
registrars in the jurisdiction and their location, the | ||
registration
activities of the organization and the need to | ||
appoint deputy registrars to
assist and facilitate the | ||
registration of non-English speaking individuals.
In no | ||
event shall a board of election commissioners fix an | ||
arbitrary
number applicable to every civic organization | ||
requesting appointment of its
members as deputy | ||
registrars. The State Board of Elections shall by rule
| ||
provide for certification of bona fide State civic | ||
organizations. Such
appointments shall be made for a period | ||
not to exceed 2 years, terminating
on the first business | ||
day of the month following the month of the general
| ||
election, and shall be valid for all periods of voter | ||
registration as
provided by this Code during the terms of | ||
such appointments.
| ||
6.
The Director of Healthcare and Family Services, or a
| ||
reasonable number of employees designated by the Director | ||
and located at
public aid offices, who may accept the | ||
registration of any qualified
resident of the election |
jurisdiction at any such public aid office.
| ||
7.
The Director of the Illinois Department of | ||
Employment Security, or a
reasonable number of employees | ||
designated by the Director and located at
unemployment | ||
offices, who may accept the registration of any qualified
| ||
resident of the election jurisdiction at any such | ||
unemployment office.
If the request to be appointed as | ||
deputy registrar is denied, the board
of election | ||
commissioners shall, within 10 days after the date the | ||
request
is submitted, provide the affected individual or | ||
organization with written
notice setting forth the | ||
specific reasons or criteria relied upon to deny
the | ||
request to be appointed as deputy registrar.
| ||
8. The president of any corporation, as defined by the | ||
Business
Corporation Act of 1983, or a reasonable number of | ||
employees designated by
such president, who may accept the | ||
registrations of any qualified resident
of the State.
| ||
The board of election commissioners may appoint as many | ||
additional deputy
registrars as it considers necessary. The | ||
board of election commissioners
shall appoint such additional | ||
deputy registrars in such manner that the
convenience of the | ||
public is served, giving due consideration to both
population | ||
concentration and area. Some of the additional deputy
| ||
registrars shall be selected so that there are an equal number | ||
from
each of the 2 major political parties in the election | ||
jurisdiction. The
board of election commissioners, in |
appointing an additional deputy registrar,
shall make the | ||
appointment from a list of applicants submitted by the Chair | ||
Chairman
of the County Central Committee of the applicant's | ||
political party. A Chair Chairman
of a County Central Committee | ||
shall submit a list of applicants to the board
by November 30 | ||
of each year. The board may require a Chair Chairman of a | ||
County
Central Committee to furnish a supplemental list of | ||
applicants.
| ||
Deputy registrars may accept registrations at any time | ||
other than the 27
day period preceding an election. All persons | ||
appointed as deputy
registrars shall be registered voters | ||
within the election jurisdiction and
shall take and subscribe | ||
to the following oath or affirmation:
| ||
"I do solemnly swear (or affirm, as the case may be) that I | ||
will support
the Constitution of the United States, and the | ||
Constitution of the State
of Illinois, and that I will | ||
faithfully discharge the duties of the office
of registration | ||
officer to the best of my ability and that I will register
no | ||
person nor cause the registration of any person except upon his | ||
personal
application before me.
| ||
....................................
| ||
(Signature of Registration Officer)"
| ||
This oath shall be administered and certified to by one of | ||
the commissioners
or by the executive director or by some | ||
person designated by the board of
election commissioners, and | ||
shall immediately thereafter be filed with the
board of |
election commissioners. The members of the board of election
| ||
commissioners and all persons authorized by them under the | ||
provisions of
this Article to take registrations, after | ||
themselves taking and subscribing
to the above oath, are | ||
authorized to take or administer such oaths and
execute such | ||
affidavits as are required by this Article.
| ||
Appointments of deputy registrars under this Section, | ||
except precinct committeepersons
committeemen , shall be for | ||
2-year terms, commencing on December 1 following
the general | ||
election of each even-numbered year, except that the terms of
| ||
the initial appointments shall be until December 1st following | ||
the next
general election. Appointments of precinct | ||
committeepersons committeemen shall be for 2-year
terms | ||
commencing on the date of the county convention following the | ||
general
primary at which they were elected. The county clerk | ||
shall issue a
certificate of appointment to each deputy | ||
registrar, and shall maintain in
his office for public | ||
inspection a list of the names of all appointees.
| ||
(b) The board of election commissioners shall be | ||
responsible for training
all deputy registrars appointed | ||
pursuant to subsection (a), at times and
locations reasonably | ||
convenient for both the board of election commissioners
and | ||
such appointees. The board of election commissioners shall be | ||
responsible
for certifying and supervising all deputy | ||
registrars appointed pursuant
to subsection (a). Deputy | ||
registrars appointed under subsection (a) shall
be subject to |
removal for cause.
| ||
(c)
Completed registration materials under the control of | ||
deputy
registrars appointed pursuant to subsection (a) shall be | ||
returned to the
appointing election authority by first-class | ||
mail within 2 business days or personal delivery within 7 days, | ||
except that completed registration
materials received by the | ||
deputy registrars during the period between the
35th and 28th | ||
day preceding an election shall be returned by the
deputy
| ||
registrars to the appointing election authority within 48 hours | ||
after receipt
thereof. The completed registration materials | ||
received by the deputy
registrars on the 28th day preceding an | ||
election shall be returned
by the
deputy registrars within 24 | ||
hours after receipt thereof. Unused materials
shall be returned | ||
by deputy registrars appointed pursuant to paragraph 4 of
| ||
subsection (a), not later than the next working day following | ||
the close of
registration.
| ||
(d) The county clerk or board of election commissioners, as | ||
the case may
be, must provide any additional forms requested by | ||
any deputy registrar
regardless of the number of unaccounted | ||
registration forms the deputy registrar
may have in his or her | ||
possession.
| ||
(e) No deputy registrar shall engage in any electioneering | ||
or the promotion
of any cause during the performance of his or | ||
her duties.
| ||
(f) The board of election commissioners shall not be | ||
criminally or
civilly liable for the acts or omissions of any |
deputy registrar. Such
deputy registrars shall not be deemed to | ||
be employees of the board of
election commissioners.
| ||
(g) Completed registration materials returned by deputy | ||
registrars for persons residing outside the election | ||
jurisdiction shall be transmitted by the board of election | ||
commissioners within 2 days after receipt to the election | ||
authority of the person's election jurisdiction of residence.
| ||
(Source: P.A. 97-81, eff. 7-5-11.)
| ||
(10 ILCS 5/6-60) (from Ch. 46, par. 6-60)
| ||
Sec. 6-60.
Immediately after the last registration day | ||
before any election,
except as is otherwise provided in Section | ||
6-43 of this Article, the board
of election commissioners shall | ||
prepare and print precinct registers in
the manner provided by | ||
Section 6-43 of this article, and make such copies available to
| ||
any person applying therefor. Provided, however, that in | ||
cities, villages
and incorporated towns of less than 200,000 | ||
inhabitants such printed lists
shall be prepared only before a | ||
general election. On the precinct registers,
the board of | ||
election commissioners shall indicate, by italics, asterisk,
| ||
or other means, the names of all persons who have registered | ||
since the last
regularly scheduled election in the consolidated | ||
schedule of elections
established in Section 2A-1.1 of this | ||
Act.
| ||
Prior to the general election of even-numbered years, all | ||
boards of election
commissioners shall give the precinct |
registers to the chair chairman of a county
central committee | ||
of an established political party, as such party is defined
in | ||
Section 10-2 of this Act, or to the chair's chairman's duly | ||
authorized representative.
Within 30 days of the effective date | ||
of this Amendatory Act of 1983, all
boards of election | ||
commissioners shall give the precinct registers compiled
prior | ||
to the general November election of 1982 to the chair chairman | ||
of a county
central committee of an established political party | ||
or to the chair's chairman's duly
authorized representative.
| ||
For the first registration under this article, such | ||
precinct register shall
be printed and available to any person | ||
upon application therefor at least
three days before the first | ||
day upon which any voter may make application in writing
to | ||
have any name erased from the register as provided by Section | ||
6-44 of
this Article. For subsequent registrations, such | ||
registers, except as otherwise
provided in this section for | ||
municipalities of more than 500,000, shall
be printed and shall | ||
be available to any person upon application at least
five days | ||
before the first day upon which any voter may make application
| ||
in writing to have any name erased from the register.
| ||
Application to have a name upon such register erased may be | ||
made in the
manner provided by Section 6-44 of this Article, | ||
and applications to erase
names, complete registration, or to | ||
register or restore names shall be heard
in the same manner as | ||
is provided by Section 6-45 of this Article, with
application | ||
to the circuit court and appeal to the Supreme Court as |
provided
in Sections 6-46 and 6-47. The rights conferred and | ||
the times specified
by these sections with respect to the first | ||
election under this article
shall also apply to succeeding | ||
registrations and elections. Provided, however,
that in | ||
municipalities having a population of more than 500,000, and | ||
having
a Board of Election Commissioners, as to all elections, | ||
registrations for
which are made solely with the Board of | ||
Election Commissioners, and where
no general precinct | ||
registrations were provided for or held within twenty-eight
| ||
days before the election, an application to have a name upon | ||
such register
erased, as provided for in Section 6-44, shall be | ||
made within two days after
the publication of the printed | ||
precinct register, and
the Board of Election Commissioners | ||
shall announce its decision on such
applications within four | ||
days after said applications are made, and within
four days | ||
after its decision on such applications shall cause a | ||
supplemental
printed precinct register showing such correction | ||
as may be necessary by
reason of such decision to be printed in | ||
like manner as hereinabove provided
in Section 6-43 hereof, and | ||
upon application a copy of the same shall be
given to any | ||
person applying therefor. Such list shall have printed on
the | ||
bottom thereof the facsimile signatures of the members of the | ||
board
of election commissioners. Said supplemental printed | ||
precinct register
shall be prima facie evidence that the | ||
electors whose names appear thereon
are entitled to vote. If | ||
the dates specified in this Article as to applications
to |
complete or erase registrations or as to proceedings before the | ||
Board
of Election Commissioners or the circuit court in the | ||
first registration
under this Article shall not be applicable | ||
to any subsequent primary or
regular or special election, the | ||
Board of Election Commissioners shall,
with the approval of the | ||
circuit court, adopt and publish a schedule of
dates which | ||
shall permit equal intervals of time therefor as are provided
| ||
for such first registrations.
| ||
After action by the Board of Election Commissioners and by | ||
the circuit
court, a supplemental list shall be prepared and | ||
made available in the manner
provided by Section 6-48 of this | ||
Article.
| ||
Within 60 days after each general election the board of | ||
election commissioners
shall indicate by italics,
asterisk, or | ||
other means, on the list of registered voters in each precinct,
| ||
each registrant who voted at that general election, and shall | ||
provide a
copy of such list to the chair chairman of the county | ||
central committee of each
established political party or to the | ||
chair's chairman's duly authorized representative.
| ||
Within 60 days after the effective date of this amendatory | ||
Act of 1983, the
board of election commissioners shall indicate | ||
by italics, asterisk, or
other means, on the list of registered | ||
voters in each precinct, each registrant
who voted at the | ||
general election of 1982, and shall provide a copy of such
| ||
coded list to the chair chairman
of the county central | ||
committee of each established political party or to
the chair's |
chairman's duly authorized representative.
| ||
The board of election commissioners may charge a fee to
| ||
reimburse the actual cost of duplicating
each copy of a list | ||
provided under either
of the 2 preceding paragraphs.
| ||
(Source: P.A. 83-1263.)
| ||
(10 ILCS 5/6-66) (from Ch. 46, par. 6-66)
| ||
Sec. 6-66.
Upon application to vote each registered elector | ||
shall
sign his name or make his mark as the case may be, on a | ||
certificate
substantially as follows:
| ||
"CERTIFICATE OF REGISTERED VOTER
| ||
City of ................. Ward .... Precinct .... Election
| ||
...............(Date).......(Month)...........(Year) | ||
Registration Record
....... Checked by ...............
Voter's | ||
number ....
| ||
INSTRUCTION TO VOTERS
| ||
Sign this certificate and hand it to the election officers | ||
in charge.
After the registration record has been checked, the | ||
officer will hand it
back to you. Whereupon you shall present | ||
it to the officer in charge of
the ballots.
| ||
I hereby certify that I am registered from the address | ||
below and am
qualified to vote.
| ||
Signature of voter ................
| ||
Residence address ................"
| ||
An individual shall not be required to provide his social
| ||
security number when applying for a ballot. He shall not be |
denied a
ballot, nor shall his ballot be challenged, solely | ||
because of his refusal
to provide his social security number.
| ||
Nothing in this Act prevents an individual from being requested
| ||
to provide his social security number when the individual | ||
applies for a
ballot.
If, however, the certificate contains a | ||
space for the individual's
social security number, the | ||
following notice shall appear on the
certificate, immediately | ||
above such space,
in bold-face capital letters, in type the | ||
size of which
equals the largest type on the certificate:
| ||
"THE INDIVIDUAL APPLYING FOR A BALLOT WITH THIS DOCUMENT IS | ||
NOT REQUIRED
TO DISCLOSE HIS OR HER SOCIAL SECURITY NUMBER. HE | ||
OR SHE MAY NOT BE DENIED
A BALLOT, NOR SHALL HIS OR HER BALLOT | ||
BE CHALLENGED, SOLELY BECAUSE OF HIS
OR HER REFUSAL TO PROVIDE | ||
HIS OR HER SOCIAL
SECURITY NUMBER."
| ||
The applications of each State-wide political party
at a | ||
primary election
shall be separately printed
upon paper of | ||
uniform quality, texture and size, but the applications of
no 2 | ||
State-wide political parties shall be of the same color or | ||
tint. If
the election authority provides computer generated | ||
applications with the
precinct, ballot style, and voter's name | ||
and address preprinted on the
application, a single application | ||
may be used for State-wide political
parties if it contains | ||
spaces or check-off boxes to indicate the political
party. Such | ||
applications may contain
spaces or check-off boxes
permitting | ||
the voter to also request a primary ballot of any political
| ||
party which is established only within a political subdivision |
and for
which a primary is conducted on the same election day.
| ||
Such applications shall not entitle the voter to vote in both | ||
the
primary of a State-wide political party and the primary of
| ||
a local political party with respect to the offices of the same
| ||
political subdivision or to vote in the primary of more
than | ||
one State-wide political party on the same day.
| ||
The judges in charge of the precinct registration files | ||
shall compare
the signature upon such certificate with the | ||
signature on the
registration record card as a means of | ||
identifying the voter. Unless
satisfied by such comparison that | ||
the applicant to vote is the identical
person who is registered | ||
under the same name, the judges shall ask such
applicant the | ||
questions for identification which appear on the
registration | ||
card, and if the applicant does not prove to the
satisfaction | ||
of a majority of the judges of the election precinct that
he is | ||
the identical person registered under the name in question then
| ||
the vote of such applicant shall be challenged by a judge of | ||
election,
and the same procedure followed as provided in this | ||
Article and Act for
challenged voters.
| ||
In case the elector is unable to sign his name, a judge of | ||
election
shall check the data on the registration card and | ||
shall check the
address given, with the registered address, in | ||
order to determine
whether he is entitled to vote.
| ||
One of the judges of election shall check the certificate | ||
of such
applicant for a ballot after the registration record | ||
has been examined,
and shall sign his initials on the |
certificate in the space provided
therefor, and shall enter | ||
upon such certificate the number of the voter
in the place | ||
provided therefor, and make an entry in the voting record
space | ||
on the registration record, to indicate whether or not the
| ||
applicant voted. Such judge shall then hand such certificate | ||
back to the
applicant in case he is permitted to vote, and such | ||
applicant shall hand
it to the judge of election in charge of | ||
the ballots. The certificates
of the voters shall be filed in | ||
the order in which they are received and
shall constitute an | ||
official poll record. The terms "poll lists" and
"poll books", | ||
where used in this Article and Act, shall be construed to
apply | ||
to such official poll record.
| ||
After each general primary election the board of election | ||
commissioners
shall indicate by color code or other means next | ||
to the name of each registrant
on the list of registered voters | ||
in each precinct the primary ballot of
a political party that | ||
the registrant requested at the general primary
election. The | ||
board of election commissioners, within 60 days after that
| ||
general primary election, shall provide a copy of this coded | ||
list to the
chairman of the county central committee of each | ||
established political
party or to the chair's chairman's duly | ||
authorized representative.
| ||
Within 60 days after the effective date of this amendatory | ||
Act of 1983,
the board of election commissioners shall provide | ||
to the chairman of the
county central committee of each | ||
established political party or to the chair's
chairman's duly |
authorized representative the list of registered voters in
each | ||
precinct at the time of the general primary election of 1982 | ||
and shall
indicate on such list by color code or
other means | ||
next to the name of a registrant the primary ballot of a | ||
political
party that the registrant requested at the general | ||
primary election of 1982.
| ||
The board of election commissioners may charge a fee to
| ||
reimburse the actual cost of duplicating each copy of a list | ||
provided under
either of the 2 preceding paragraphs.
| ||
Where an elector makes application to vote by signing and | ||
presenting
the certificate provided by this Section, and his | ||
registration card is
not found in the precinct registry of | ||
voters, but his name appears as
that of a registered voter in | ||
such precinct upon the printed precinct
register as corrected | ||
or revised by the supplemental list, or upon the
consolidated | ||
list, if any provided by this Article and whose name has
not | ||
been erased or withdrawn from such register, the printed | ||
precinct
register as corrected or revised by the supplemental | ||
list, or
consolidated list, if any, shall be prima facie | ||
evidence of the
elector's right to vote upon compliance with | ||
the provisions hereinafter
set forth in this Section. In such | ||
event it shall be the duty of one of
the judges of election to | ||
require an affidavit by such person and 2
voters residing in | ||
the precinct before the judges of election that he is
the same | ||
person whose name appears upon the printed precinct register as
| ||
corrected or revised by the supplemental list, or consolidated |
list, if
any, and that he resides in the precinct, stating the | ||
street and number
of his residence, and upon the presentation | ||
of such affidavits, a
certificate shall be issued to such | ||
elector, and upon the presentation
of such certificate and | ||
affidavits, he shall be entitled to vote. Any
elector whose | ||
name does not appear as a registered voter on the printed
| ||
precinct register or supplemental list but who has a | ||
certificate issued
by the board of election commissioners as | ||
provided in Section 6-43 of
this Article, shall be entitled to | ||
vote upon the presentation of such
certificate accompanied by | ||
the affidavits of 2 voters residing in the
precinct that the | ||
elector is the same person described in such
certificate and | ||
that he resides in the precinct, stating the street and
number | ||
of his residence. Forms for all affidavits required hereunder
| ||
shall be supplied by the board of election commissioners. All | ||
affidavits
made under this paragraph shall be preserved and | ||
returned to the board
of election commissioners in the manner | ||
provided by this Article and
Article 18 of this Act. It shall | ||
be the duty of the board of election
commissioners, within 30 | ||
days after such election, to take the steps
provided by Section | ||
6-64 of this Article for the execution of new
registration | ||
affidavits by electors who have voted under the provisions
of | ||
this paragraph.
| ||
When the board of election commissioners delivers to the | ||
judges of election
for use at the polls a supplemental or | ||
consolidated list of the printed
precinct register, it shall |
give a copy of the supplemental or consolidated
list to the | ||
chair chairman of a county central committee of an established | ||
political
party or to the chair's chairman's duly authorized | ||
representative.
| ||
Whenever 2 or more elections occur simultaneously, the | ||
election
official or officials charged with the duty of | ||
providing application
certificates may prescribe the form | ||
thereof so that a voter is required
to execute only one, | ||
indicating in which of the elections he desires to vote.
| ||
After the signature has been verified, the judges shall | ||
determine in which
political subdivisions the voter resides by | ||
use of the information contained
on the voter registration | ||
cards or the separate registration lists or other
means | ||
approved by the State Board of Elections and prepared and | ||
supplied
by the election authority. The voter's certificate | ||
shall be so marked by
the judges as to show the respective | ||
ballots which the voter is given.
| ||
(Source: P.A. 84-809.)
| ||
(10 ILCS 5/6-70) (from Ch. 46, par. 6-70)
| ||
Sec. 6-70.
Such election commissioners and the executive | ||
director of the
Board of Election Commissioners shall be paid | ||
by the county. In
counties having a population of 500,000 or | ||
more, the city first adopting
the provisions of this Act shall | ||
pay the salary of the assistant executive
director. In all | ||
other counties such salary shall be paid by the county.
In |
cities, villages and incorporated towns having a population | ||
less than
25,000 as determined by the last federal census, the | ||
election commissioners
shall receive a salary of not less than | ||
$1,800 per annum. If the population is
25,000 or more but less | ||
than 40,000 the election commissioners shall receive a
salary | ||
of not less than $2,400 per annum, to be determined by the | ||
county board.
If the population is 40,000 or more but less than | ||
70,000 the election
commissioners shall receive a salary of not | ||
less than $2,100 per annum, to be
determined by the county | ||
board. If the population is 70,000 or more but less
than | ||
100,000 the election commissioners shall receive a salary of | ||
not less than
$2,700 per annum, to be determined by the county | ||
board. If the population is
100,000 or more but less than | ||
2,000,000 the election commissioners shall
receive a salary of | ||
not less than $3,200 per annum, to be determined by the
county | ||
board. The chair chairman of a board of election commissioners, | ||
in counties
with a population of less than 2,000,000, shall be | ||
paid by the county an
additional amount equal to 10% of his | ||
salary as an election commissioner. If
the population is less | ||
than 25,000 the executive director shall receive a
salary of | ||
not less than $4,500 per annum. If the population is 25,000 or | ||
more
but less than 40,000 the executive director shall receive | ||
a salary of not less
than $8,000 per annum, and in such cities, | ||
villages and incorporated towns
there may be employed one | ||
assistant executive director who shall receive a
salary of not | ||
less than $6,000 per annum. If the population is 40,000 or more
|
but less than 70,000 the executive director shall receive a | ||
salary of not less
than $9,500 per annum, and in such cities, | ||
villages and incorporated towns
there may be employed one | ||
assistant executive director who shall receive a
salary of not | ||
less than $7,500 per annum. If the population is 70,000 or more
| ||
but less than 100,000 the executive director shall receive a | ||
salary of not less
than $11,000 per annum, and in such cities, | ||
villages and incorporated towns
there may be employed one | ||
assistant executive director who shall receive a
salary of not | ||
less than $8,000 per annum. If the population is 100,000 or | ||
more
but less than 2,000,000 the executive director shall | ||
receive a salary of not
less than $12,000 per annum, and in | ||
such cities, villages and incorporated
towns there may be | ||
employed one assistant executive director who shall receive
a | ||
salary of not less than $8,000 per annum. It shall be the duty | ||
of the Board
of Election Commissioners in such cities, villages | ||
and incorporated towns to
fix the salary of the executive | ||
director and assistant executive
director at the time of | ||
appointment of the clerk. In cities, villages and
incorporated | ||
towns with a population greater than 2,000,000 the election
| ||
commissioners shall receive a salary of not less than $21,000, | ||
provided,
however, that the chair chairman of the Board of | ||
Election Commissioners shall receive
a salary, as set by and | ||
from time to time changed by the Board of County
Commissioners, | ||
of not less than $35,000 per annum and shall hold no other
| ||
office. In cities, villages and incorporated towns with a |
population greater
than 2,000,000, such other election | ||
commissioners shall hold no other office.
In cities, villages | ||
and incorporated towns with a population greater than
2,000,000 | ||
the executive director and employees of the Board of Election
| ||
Commissioners shall serve on a full-time basis and shall hold | ||
no other office.
In cities, villages and incorporated towns | ||
with a population of greater than
2,000,000, no election | ||
commissioner, executive director nor employee shall
| ||
participate in any manner, in any activity or interests of any | ||
political party
or of any candidate for public office or for | ||
nomination thereof, nor
participate in any political campaign | ||
for the nomination or election of
candidates for public office. | ||
Violation of any provision hereof
shall be cause for removal | ||
from office or dismissal, as the case may be;
provided, that | ||
nothing contained herein shall be deemed to interfere
with the | ||
right of any person to vote for any candidate or upon any issue
| ||
as his reason and conscience may dictate nor interfere with the | ||
duties
of his office. All expenses incurred by such Board of | ||
Election
Commissioners shall be paid by such city.
| ||
The salaries and expenditures are to be audited by the | ||
chief circuit
judge, who may designate an independent external | ||
auditor to perform the
task, and the salaries and expenditures | ||
shall be paid by the county or city
treasurer, as the case may | ||
be, upon the warrant of the chief circuit judge of
any money in | ||
the county or city treasury, as the case may be, not otherwise
| ||
appropriated. It shall also be the duty of the governing |
authority of those
counties and cities, respectively, to make | ||
provisions for the prompt payment of
the salaries and | ||
expenditures.
| ||
(Source: P.A. 86-874; 87-1052.)
| ||
(10 ILCS 5/6A-3) (from Ch. 46, par. 6A-3)
| ||
Sec. 6A-3. Commissioners; filling vacancies. | ||
(a) If the county board adopts an ordinance providing for | ||
the
establishment of a county board of election commissioners, | ||
or if a
majority of the votes cast on a proposition submitted | ||
in accordance with
Section 6A-2(a) are in favor of a county | ||
board of election commissioners, a
county board of election | ||
commissioners shall be appointed in the same
manner as is | ||
provided in Article 6 for boards of election commissioners
in | ||
cities, villages and incorporated towns, except that the county | ||
board of
election commissioners shall be appointed by the chair | ||
chairman of the county board
rather than the circuit court. | ||
However, before any
appointments are made, the appointing | ||
authority shall ascertain whether
the county clerk desires to | ||
be a member of the county board of election
commissioners. If | ||
the county clerk so
desires, he shall be one of the
members of | ||
the county board of election commissioners, and the
appointing | ||
authority shall appoint only 2 other members.
| ||
(b) For any county board of election commissioners | ||
established under subsection (b) of Section 6A-1, within 30 | ||
days after the effective date of this amendatory Act of the |
98th General Assembly, the chief judge of the circuit court of | ||
the county shall appoint 5 commissioners. At least 4 of those | ||
commissioners shall be selected from the 2 major established | ||
political parties of the State, with at least 2 from each of | ||
those parties. Such appointment shall be entered of record in | ||
the office of the County Clerk and the State Board of | ||
Elections. Those first appointed shall hold their offices for | ||
the period of one, 2, and 3 years respectively, and the judge | ||
appointing them shall designate the term for which each | ||
commissioner shall hold his or her office, whether for one, 2 | ||
or 3 years except that no more than one commissioner from each | ||
major established political party may be designated the same | ||
term. After the initial term, each commissioner or his or her | ||
successor shall be appointed to a 3 year term. No elected | ||
official or former elected official who has been out of elected | ||
office for less than 2 years may be appointed to the board. | ||
Vacancies shall be filled by the chief judge of the circuit | ||
court within 30 days of the vacancy in a manner that maintains | ||
the foregoing political party representation. | ||
(c) For any county board of election commissioners | ||
established under subsection (c) of Section 6A-1, within 30 | ||
days after the conclusion of the election at which the | ||
proposition to establish a county board of election | ||
commissioners is approved by the voters, the municipal board | ||
shall apply to the circuit court of the county for the chief | ||
judge of the circuit court to appoint 2 additional |
commissioners, one of whom shall be from each major established | ||
political party and neither of whom shall reside within the | ||
limits of the municipal board, so that 3 commissioners shall | ||
reside within the limits of the municipal board and 2 shall | ||
reside within the county but not within the municipality, as it | ||
may exist from time to time. Not more than 3 of the | ||
commissioners shall be members of the same major established | ||
political party. Vacancies shall be filled by the chief judge | ||
of the circuit court upon application of the remaining | ||
commissioners in a manner that maintains the foregoing | ||
geographical and political party representation. | ||
(Source: P.A. 98-115, eff. 7-29-13.)
| ||
(10 ILCS 5/7-1) (from Ch. 46, par. 7-1)
| ||
Sec. 7-1. Application of Article.
| ||
(a) Except as otherwise provided in this Article, the | ||
nomination of all
candidates for all elective State, | ||
congressional, judicial, and county
officers, State's | ||
Attorneys (whether elected from a single county or from more
| ||
than one county), city, village, and incorporated town and | ||
municipal officers,
trustees of sanitary districts, township | ||
officers in townships of over 5,000
population coextensive with | ||
or included wholly within cities or villages not
under the | ||
commission form of government, precinct, township, ward, and
| ||
State central committeepersons committeemen , and delegates and | ||
alternate delegates to
national nominating conventions by all |
political parties, as defined in
Section 7-2 of this Article 7, | ||
shall be made in the manner provided in
this Article 7 and not | ||
otherwise. The nomination of candidates for
electors of | ||
President and Vice President of the United States shall be made
| ||
only in the manner provided for in Section 7-9 of this Article.
| ||
(b) This Article 7 shall not
apply to (i) the nomination of | ||
candidates for school elections and township
elections, except | ||
in those townships specifically mentioned
in subsection (a) and | ||
except in those cases in which a township central
committee | ||
determines under Section 6A-2 of the Township Law of 1874 or | ||
Section
45-55 of the Township Code that its candidates for | ||
township offices shall be
nominated by primary in accordance | ||
with this Article, (ii) the nomination of
park commissioners in | ||
park districts organized under the Park District Code,
(iii) | ||
the nomination of officers of cities and villages organized | ||
under
special charters, or (iv) the nomination of municipal | ||
officers for cities,
villages, and incorporated towns with a | ||
population of 5,000 or less,
except where a city, village, or | ||
incorporated town with a population of
5,000 or less has by | ||
ordinance determined that political parties shall nominate
| ||
candidates for municipal office in the city, village, or
| ||
incorporated town by primary in accordance with this Article. | ||
In that event,
the municipal clerk shall certify the ordinance | ||
to the proper election
officials no later than November 15 in | ||
the year preceding the consolidated
primary election.
| ||
(c) The words "township officers" or "township offices" |
shall be
construed, when used in this Article, to include | ||
supervisors.
| ||
(d) As provided in Sections 3.1-25-20 through 3.1-25-60 of | ||
the Illinois
Municipal Code, a village may adopt a system of | ||
nonpartisan primary and general
elections for the election of | ||
village officers.
| ||
(Source: P.A. 88-670, eff. 12-2-94; 89-5, eff. 1-1-96.)
| ||
(10 ILCS 5/7-2) (from Ch. 46, par. 7-2)
| ||
Sec. 7-2.
A political party, which at the general election | ||
for State and
county officers then next preceding a primary, | ||
polled more than 5 per cent
of the entire vote cast in the | ||
State, is hereby declared to be a political
party within the | ||
State, and shall nominate all candidates provided for in
this | ||
Article 7 under the provisions hereof, and shall elect | ||
precinct,
township, ward and State central committeepersons | ||
committeemen as herein provided.
| ||
A political party, which at the general election for State | ||
and county
officers then next preceding a primary, cast more | ||
than 5 per cent of the
entire vote cast within any | ||
congressional district, is hereby declared to
be a political | ||
party within the meaning of this Article, within such
| ||
congressional district, and shall nominate its candidate for | ||
Representative
in Congress, under the provisions hereof. A | ||
political party, which at the
general election for State and | ||
county officers then next preceding a
primary, cast more than 5 |
per cent of the entire vote cast in any county,
is hereby | ||
declared to be a political party within the meaning of this
| ||
Article, within said county, and shall nominate all county | ||
officers in said
county under the provisions hereof, and shall | ||
elect precinct, township, and
ward committeepersons | ||
committeemen , as herein provided;
| ||
A political party, which at the municipal election for | ||
city, village or
incorporated town officers then next preceding | ||
a primary, cast more than 5
per cent of the entire vote cast in | ||
any city or village, or incorporated
town is hereby declared to | ||
be a political party within the meaning of this
Article, within | ||
said city, village or incorporated town, and shall nominate
all | ||
city, village or incorporated town officers in said city or | ||
village or
incorporated town under the provisions hereof to the | ||
extent and in the
cases provided in Section 7-1.
| ||
A political party, which at the municipal election for town | ||
officers
then next preceding a primary, cast more than 5 per | ||
cent of the entire vote
cast in said town, is hereby declared | ||
to be a political party within the
meaning of this Article, | ||
within said town, and shall nominate all town
officers in said | ||
town under the provisions hereof to the extent and in the
cases | ||
provided in Section 7-1.
| ||
A political party, which at the municipal election in any | ||
other
municipality or political subdivision, (except townships | ||
and school
districts), for municipal or other officers therein | ||
then next preceding a
primary, cast more than 5 per cent of the |
entire vote cast in such
municipality or political subdivision, | ||
is hereby declared to be a political
party within the meaning | ||
of this Article, within said municipality or
political | ||
subdivision, and shall nominate all municipal or other officers
| ||
therein under the provisions hereof to the extent and in the | ||
cases provided
in Section 7-1.
| ||
Provided, that no political organization or group shall be | ||
qualified as
a political party hereunder, or given a place on a | ||
ballot, which
organization or group is associated, directly or | ||
indirectly, with
Communist, Fascist, Nazi or other un-American | ||
principles and engages in
activities or propaganda designed to | ||
teach subservience to the political
principles and ideals of | ||
foreign nations or the overthrow by violence of
the established | ||
constitutional form of government of the United States and
the | ||
State of Illinois.
| ||
(Source: Laws 1943, vol. 2, p. 1 .)
| ||
(10 ILCS 5/7-4) (from Ch. 46, par. 7-4)
| ||
Sec. 7-4.
The following words and phrases in this Article 7 | ||
shall,
unless the same be inconsistent with the context, be | ||
construed as
follows:
| ||
1. The word "primary" the primary elections provided for in | ||
this
Article, which are the general primary, the consolidated | ||
primary, and for
those municipalities which have annual | ||
partisan elections for any officer,
the municipal primary held | ||
6 weeks prior to the general primary election
date in even |
numbered years.
| ||
2. The definition of terms in Section 1-3 of this Act shall | ||
apply to
this Article.
| ||
3. The word "precinct" a voting district heretofore or | ||
hereafter
established by law within which all qualified | ||
electors vote at one
polling place.
| ||
4. The words "state office" or "state officer", an office | ||
to be
filled, or an officer to be voted for, by qualified | ||
electors of the
entire state, including United States Senator | ||
and Congressman at large.
| ||
5. The words "congressional office" or "congressional | ||
officer",
representatives in Congress.
| ||
6. The words "county office" or "county officer," include | ||
an office
to be filled or an officer to be voted for, by the | ||
qualified electors of
the entire county. "County office" or | ||
"county officer" also include the
assessor and board of appeals | ||
and county commissioners and president of
county board of Cook | ||
County, and county board members and the chair chairman
of the | ||
county board in counties subject to "An Act relating to the
| ||
composition and election of county boards in certain counties", | ||
enacted
by the 76th General Assembly.
| ||
7. The words "city office" and "village office," and | ||
"incorporated
town office" or "city officer" and "village | ||
officer", and "incorporated
town officer" an office to be | ||
filled or an officer to be voted for by
the qualified electors | ||
of the entire municipality, including aldermen.
|
8. The words "town office" or "town officer", an office to | ||
be filled
or an officer to be voted for by the qualified | ||
electors of an entire
town.
| ||
9. The words "town" and "incorporated town" shall | ||
respectively be
defined as in Section 1-3 of this Act.
| ||
10. The words "delegates and alternate delegates to | ||
National
nominating conventions" include all delegates and | ||
alternate delegates to
National nominating conventions whether | ||
they be elected from the state
at large or from congressional | ||
districts or selected by State convention
unless contrary and | ||
non-inclusive language specifically limits the term
to one | ||
class.
| ||
11. "Judicial office" means a post held by a judge of the | ||
Supreme,
Appellate or Circuit Court.
| ||
(Source: P.A. 80-1469.)
| ||
(10 ILCS 5/7-7) (from Ch. 46, par. 7-7)
| ||
Sec. 7-7. For the purpose of making nominations in certain | ||
instances as
provided in this Article and this Act, the | ||
following committees are authorized
and shall constitute the | ||
central or managing committees of each political
party, viz: A | ||
State central committee, whose responsibilities include, but | ||
are not limited to, filling by appointment vacancies in | ||
nomination for statewide offices, including but not limited to | ||
the office of United States Senator, a congressional committee | ||
for each
congressional district, a county central committee for |
each county, a
municipal central committee for each city, | ||
incorporated town or village, a
ward committeeperson | ||
committeeman for each ward in cities containing a population of
| ||
500,000 or more; a township committeeperson committeeman for | ||
each township or part of a
township that lies outside of cities | ||
having a population of 200,000 or
more, in counties having a | ||
population of 2,000,000 or more; a precinct committeeperson
| ||
committeeman for each precinct in counties having a population | ||
of less than
2,000,000; a county board district committee for | ||
each county board district
created under Division 2-3 of the | ||
Counties Code; a State's Attorney committee
for each group of 2 | ||
or more counties which jointly elect a State's Attorney; a
| ||
Superintendent of Multi-County Educational Service Region | ||
committee for each
group of 2 or more counties which jointly | ||
elect a Superintendent of a
Multi-County Educational Service | ||
Region; a judicial subcircuit
committee in
a judicial circuit | ||
divided into subcircuits for each judicial subcircuit in
that | ||
circuit; and
a board of review election district committee
for | ||
each Cook County Board of Review election district.
| ||
(Source: P.A. 93-541, eff. 8-18-03; 93-574, eff. 8-21-03; | ||
94-645, eff. 8-22-05.)
| ||
(10 ILCS 5/7-8) (from Ch. 46, par. 7-8)
| ||
Sec. 7-8. The State central committee shall be composed of | ||
one or two
members from each congressional district in the | ||
State and shall be elected as
follows:
|
State Central Committee
| ||
(a) Within 30 days after January 1, 1984 (the effective | ||
date of Public Act 83-33), the State central committee of each | ||
political party shall certify to
the State Board of Elections | ||
which of the following alternatives it wishes
to apply to the | ||
State central committee of that party.
| ||
Alternative A. At the primary in
1970 and at the general | ||
primary election held every 4 years thereafter, each primary
| ||
elector may vote for one candidate of his party for member of | ||
the State
central committee for the congressional district in | ||
which he resides.
The candidate receiving the highest number of | ||
votes shall be declared
elected State central committeeperson | ||
committeeman from the district. A political party
may, in lieu | ||
of the foregoing, by a majority vote of delegates at any State
| ||
convention of such party, determine to thereafter elect the | ||
State central committeepersons
committeemen in the manner | ||
following:
| ||
At the county convention held by such political party, | ||
State central committeepersons
committeemen shall be elected | ||
in the same manner as provided in this
Article for the election | ||
of officers of the county central committee, and
such election | ||
shall follow the election of officers of the county central
| ||
committee. Each elected ward, township or precinct | ||
committeeperson committeeman shall cast
as his vote one vote | ||
for each ballot voted in his ward, township, part of a
township | ||
or precinct in the last preceding primary election of his
|
political party. In the case of a county lying partially within | ||
one
congressional district and partially within another | ||
congressional district,
each ward, township or precinct | ||
committeeperson committeeman shall vote only with respect
to | ||
the congressional district in which his ward, township, part of | ||
a
township or precinct is located. In the case of a | ||
congressional district
which encompasses more than one county, | ||
each ward, township or precinct committeeperson
committeeman | ||
residing within the congressional district shall cast as his
| ||
vote one vote for each ballot voted in his ward, township, part | ||
of a
township or precinct in the last preceding primary | ||
election of his
political party for one candidate of his party | ||
for member of the State
central committee for the congressional | ||
district in which he resides and
the Chair Chairman of the | ||
county central committee shall report the results of
the | ||
election to the State Board of Elections. The State Board of | ||
Elections
shall certify the candidate receiving the highest | ||
number of votes elected
State central committeeperson | ||
committeeman for that congressional district.
| ||
The State central committee shall adopt rules to provide | ||
for and govern
the procedures to be followed in the election of | ||
members of the State central
committee.
| ||
After August 6, 1999 (the
effective date of Public Act | ||
91-426), whenever a vacancy occurs in the office of Chair | ||
Chairman of a State
central committee, or at the end of the | ||
term of office of Chair Chairman , the State
central committee |
of each political party that has selected Alternative A shall
| ||
elect a Chair Chairman who shall not be required to be a member | ||
of the State Central
Committee. The Chair Chairman shall be a
| ||
registered voter in this State and of the same political party | ||
as the State
central committee.
| ||
Alternative B. Each congressional committee shall, within | ||
30 days after
the adoption of this alternative, appoint a | ||
person of the sex opposite that
of the incumbent member for | ||
that congressional district to serve as an
additional member of | ||
the State central committee until his or her successor
is | ||
elected at the general primary election in 1986. Each | ||
congressional
committee shall make this appointment by voting | ||
on the basis set forth in
paragraph (e) of this Section. In | ||
each congressional district at the
general primary election | ||
held in 1986 and every 4 years thereafter, the
male candidate | ||
receiving the highest number of votes of the party's male
| ||
candidates for State central committeeman, and the female | ||
candidate
receiving the highest number of votes of the party's | ||
female candidates for
State central committeewoman, shall be | ||
declared elected State central
committeeman and State central | ||
committeewoman from the district. At the
general primary | ||
election held in 1986 and every 4 years thereafter, if all a
| ||
party's candidates for State central committeemen or State | ||
central
committeewomen from a congressional district are of the | ||
same sex, the candidate
receiving the highest number of votes | ||
shall be declared elected a State central
committeeman or State |
central committeewoman from the district, and, because of
a | ||
failure to elect one male and one female to the committee, a | ||
vacancy shall be
declared to exist in the office of the second | ||
member of the State central
committee from the district. This | ||
vacancy shall be filled by appointment by
the congressional | ||
committee of the political party, and the person appointed to
| ||
fill the vacancy shall be a resident of the congressional | ||
district and of the
sex opposite that of the committeeman or | ||
committeewoman elected at the general
primary election. Each | ||
congressional committee shall make this appointment by
voting | ||
on the basis set forth in paragraph (e) of this Section.
| ||
The Chair Chairman of a State central committee composed as | ||
provided in this
Alternative B must be selected from the | ||
committee's members.
| ||
Except as provided for in Alternative A with respect to the | ||
selection of
the Chair Chairman of the State central committee, | ||
under both of the foregoing
alternatives, the
State
central
| ||
committee of each political party shall be composed of members | ||
elected
or appointed from the several congressional districts | ||
of the State,
and of no other person or persons whomsoever. The | ||
members of the State
central committee shall, within 41 days | ||
after each quadrennial election of
the full committee, meet in | ||
the city of Springfield and organize
by electing a Chair | ||
chairman , and may at such time
elect such officers from among | ||
their own number (or otherwise), as they
may deem necessary or | ||
expedient. The outgoing chair chairman of the State
central |
committee of the party shall, 10 days before the meeting, | ||
notify
each member of the State central committee elected at | ||
the primary of the
time and place of such meeting. In the | ||
organization and proceedings of
the State central committee, | ||
each State central committeeman and State
central | ||
committeewoman shall have one vote for each ballot voted in his | ||
or her
congressional district by the primary electors of his or | ||
her party at the
primary election immediately preceding the | ||
meeting of the State central
committee. Whenever a vacancy | ||
occurs in the State central committee of any
political party, | ||
the vacancy shall be filled by appointment of
the chairmen of | ||
the county central committees of the
political party
of the | ||
counties located within the congressional district in which the | ||
vacancy
occurs and,
if applicable, the ward and township | ||
committeepersons committeemen of the
political
party in | ||
counties of 2,000,000 or more inhabitants located within the
| ||
congressional
district. If the congressional district in which | ||
the vacancy occurs lies
wholly within a
county of 2,000,000 or | ||
more inhabitants, the ward and township committeepersons | ||
committeemen
of the political party in that congressional | ||
district shall vote to fill the
vacancy. In voting to fill the | ||
vacancy, each chair chairman of a county central
committee and
| ||
each ward and township committeeperson committeeman in | ||
counties of 2,000,000
or
more inhabitants shall have one vote | ||
for each ballot voted in each precinct of
the congressional | ||
district in which the vacancy exists of
his or her
county, |
township, or ward cast by the primary electors of his or her | ||
party
at the
primary election immediately preceding the meeting | ||
to fill the vacancy in the
State
central committee. The person | ||
appointed to fill the vacancy shall be a
resident of the
| ||
congressional district in which the vacancy occurs, shall be a | ||
qualified voter,
and, in a committee composed as provided in | ||
Alternative B, shall be of the
same
sex as his or her
| ||
predecessor. A political party may, by a majority vote of the
| ||
delegates of any State convention of such party, determine to | ||
return
to the election of State central committeeman and State | ||
central
committeewoman by the vote of primary electors.
Any | ||
action taken by a political party at a State convention in | ||
accordance
with this Section shall be reported to the State | ||
Board of Elections by the chair
chairman and secretary of such | ||
convention within 10 days after such action.
| ||
Ward, Township and Precinct Committeepersons Committeemen
| ||
(b) At the primary in 1972 and
at the general primary | ||
election every 4 years thereafter, each primary elector in | ||
cities having a
population of 200,000 or over may vote for one | ||
candidate of his party in
his ward for ward committeeperson | ||
committeeman . Each candidate for ward committeeperson | ||
committeeman
must be a resident of and in the ward where he | ||
seeks to be elected ward committeeperson
committeeman . The one | ||
having the highest number of votes shall be such
ward | ||
committeeperson committeeman of such party for such ward. At | ||
the primary election
in 1970 and at the general primary |
election every 4 years thereafter,
each primary elector in | ||
counties containing a population of 2,000,000 or
more, outside | ||
of cities containing a population of 200,000 or more, may
vote | ||
for one candidate of his party for township committeeperson | ||
committeeman . Each
candidate for township committeeperson | ||
committeeman must be a resident of and in the
township or part | ||
of a township (which lies outside of a city having a
population | ||
of 200,000 or more, in counties containing a population of
| ||
2,000,000 or more), and in which township or part of a township | ||
he seeks
to be elected township committeeperson committeeman . | ||
The one having the highest number
of votes shall be such | ||
township committeeperson committeeman of such party for such
| ||
township or part of a township. At the primary
in 1970 and at | ||
the general primary election every 2 years thereafter, each | ||
primary elector,
except in counties having a population of | ||
2,000,000 or over, may vote
for one candidate of his party in | ||
his precinct for precinct committeeperson
committeeman . Each | ||
candidate for precinct committeeperson committeeman must be a | ||
bona
fide resident of the precinct where he seeks to be elected | ||
precinct committeeperson
committeeman . The one having the | ||
highest number of votes shall be such
precinct committeeperson | ||
committeeman of such party for such precinct. The official
| ||
returns of the primary shall show the name of the | ||
committeeperson committeeman of each
political party.
| ||
Terms of Committeepersons Committeemen . All precinct | ||
committeepersons committeemen elected under the
provisions of |
this Article shall continue as such committeepersons | ||
committeemen until the
date of the primary to be held in the | ||
second year after their election.
Except as otherwise provided | ||
in this Section for certain State central committeepersons
| ||
committeemen who have 2 year terms, all State central | ||
committeepersons committeemen , township committeepersons
| ||
committeemen and ward committeepersons committeemen shall | ||
continue as such committeepersons committeemen
until the date | ||
of primary to be held in the fourth year after their
election. | ||
However, a vacancy exists in the office of precinct | ||
committeeperson committeeman
when a precinct committeeperson | ||
committeeman ceases to reside in the precinct in which he
was | ||
elected and such precinct committeeperson committeeman shall | ||
thereafter neither have
nor exercise any rights, powers or | ||
duties as committeeperson committeeman in that precinct,
even | ||
if a successor has not been elected or appointed.
| ||
(c) The Multi-Township Central Committee shall consist of | ||
the precinct committeepersons
committeemen of such party, in | ||
the multi-township assessing district formed
pursuant to | ||
Section 2-10 of the Property Tax Code and shall be organized | ||
for the purposes set forth in Section
45-25 of the Township | ||
Code. In the organization and proceedings of the
Multi-Township | ||
Central Committee each precinct committeeperson committeeman | ||
shall have one vote
for each ballot voted in his precinct by | ||
the primary electors of his party at
the primary at which he | ||
was elected.
|
County Central Committee
| ||
(d) The county central committee of each political party in | ||
each
county shall consist of the various township | ||
committeepersons committeemen , precinct committeepersons
| ||
committeemen and ward committeepersons committeemen , if any, | ||
of such party in the county.
In the organization and | ||
proceedings of the county central committee,
each precinct | ||
committeeperson committeeman shall have one vote for each | ||
ballot voted in
his precinct by the primary electors of his | ||
party at the primary at
which he was elected; each township | ||
committeeperson committeeman shall have one vote for
each | ||
ballot voted in his township or part of a township as the case | ||
may
be by the primary electors of his party at the primary | ||
election
for the nomination of candidates for election to the | ||
General Assembly
immediately preceding the meeting of the | ||
county central committee; and
in the organization and | ||
proceedings of the county central committee,
each ward | ||
committeeperson committeeman shall have one vote for each | ||
ballot voted in his
ward by the primary electors of his party | ||
at the primary election
for the nomination of candidates for | ||
election to the General Assembly
immediately preceding the | ||
meeting of the county central committee.
| ||
Cook County Board of Review Election District Committee
| ||
(d-1) Each board of review election district committee of | ||
each political
party in Cook County shall consist of the
| ||
various township committeepersons committeemen and ward |
committeepersons committeemen , if any, of that party in
the | ||
portions of the county composing the board of review election | ||
district. In
the organization and proceedings of each of the 3 | ||
election
district committees, each township committeeperson | ||
committeeman shall have one vote for each
ballot voted in his | ||
or her township or part of a township, as the case may be,
by
| ||
the primary electors of his or her party at the primary | ||
election immediately
preceding the meeting of the board of | ||
review election district committee; and
in the organization and | ||
proceedings of each of the 3 election district
committees, each | ||
ward committeeperson committeeman shall have one vote for each
| ||
ballot voted in
his or her ward or part of that ward, as the | ||
case may be, by the primary
electors of his or her party at the | ||
primary election immediately preceding the
meeting of the board | ||
of review election district committee.
| ||
Congressional Committee
| ||
(e) The congressional committee of each party in each | ||
congressional
district shall be composed of the chairmen of the | ||
county central
committees of the counties composing the | ||
congressional district, except
that in congressional districts | ||
wholly within the territorial limits of
one county, the | ||
precinct committeepersons
committeemen , township | ||
committeepersons committeemen and ward committeepersons | ||
committeemen , if any, of
the party representing the precincts | ||
within the limits of the
congressional district, shall compose | ||
the congressional committee. A
State central committeeperson |
committeeman in each district shall be a member and the chair
| ||
chairman or, when a district has 2 State central | ||
committeepersons committeemen , a co-chairperson co-chairman
of | ||
the congressional committee, but shall not have the right to
| ||
vote except in case of a tie.
| ||
In the organization and proceedings of congressional | ||
committees
composed of precinct committeepersons committeemen | ||
or township committeepersons committeemen or ward | ||
committeepersons
committeemen , or any combination thereof, | ||
each precinct committeeperson committeeman
shall have one vote | ||
for each ballot voted in his precinct by the primary
electors | ||
of his party at the primary at which he was elected, each
| ||
township committeeperson committeeman shall have one vote for | ||
each ballot voted in his
township or part of a township as the | ||
case may be by the primary
electors of his party at the primary | ||
election immediately preceding the
meeting of the | ||
congressional committee, and each ward committeeperson | ||
committeeman shall
have one vote for each ballot voted in each | ||
precinct of his ward located
in such congressional district by | ||
the primary electors of his party at
the primary election | ||
immediately preceding the meeting of the
congressional | ||
committee; and in the organization and proceedings of
| ||
congressional committees composed of the chairmen of the county | ||
central
committees of the counties within such district, each | ||
chair chairman of such
county central committee shall have one | ||
vote for each ballot voted in
his county by the primary |
electors of his party at the primary election
immediately | ||
preceding the meeting of the congressional committee.
| ||
Judicial District Committee
| ||
(f) The judicial district committee of each political party | ||
in each
judicial district shall be composed of the chair | ||
chairman of the county
central committees of the counties | ||
composing the judicial district.
| ||
In the organization and proceedings of judicial district | ||
committees
composed of the chairmen of the county central | ||
committees of the
counties within such district, each chair | ||
chairman of such county central
committee shall have one vote | ||
for each ballot voted in his county by the
primary electors of | ||
his party at the primary election immediately
preceding the | ||
meeting of the judicial district committee.
| ||
Circuit Court Committee
| ||
(g) The circuit court committee of each political party in | ||
each
judicial circuit outside Cook County shall be composed of | ||
the chairmen
of the county central committees of the counties | ||
composing the judicial
circuit.
| ||
In the organization and proceedings of circuit court | ||
committees, each chair
chairman of a county central committee | ||
shall have one vote for each
ballot voted in his county by the | ||
primary electors of his party at the
primary election | ||
immediately preceding the meeting of the circuit court
| ||
committee.
| ||
Judicial Subcircuit Committee
|
(g-1) The judicial subcircuit committee of each political | ||
party in
each judicial subcircuit in a judicial circuit divided | ||
into subcircuits
shall be composed of (i) the ward and township | ||
committeepersons committeemen
of the townships and wards | ||
composing the judicial subcircuit in Cook County and
(ii) the | ||
precinct committeepersons committeemen of the precincts
| ||
composing the judicial subcircuit in any county other than Cook | ||
County.
| ||
In the organization and proceedings of each judicial | ||
subcircuit committee,
each township committeeperson | ||
committeeman shall have one vote for each ballot voted in his
| ||
township or part of a township, as the case may be, in the | ||
judicial
subcircuit by the primary electors of his party at the | ||
primary election
immediately preceding the meeting of the | ||
judicial subcircuit committee;
each precinct committeeperson | ||
committeeman shall have one vote for each ballot voted in his
| ||
precinct or part of a precinct, as the case may be, in the | ||
judicial subcircuit
by the primary electors of his party at the | ||
primary election immediately
preceding the meeting of the | ||
judicial subcircuit committee;
and
each ward committeeperson | ||
committeeman shall have one vote for each ballot voted in his
| ||
ward or part of a ward, as the case may be, in the judicial | ||
subcircuit by
the primary electors of his party at the primary | ||
election immediately
preceding the meeting of the judicial | ||
subcircuit committee.
| ||
Municipal Central Committee
|
(h) The municipal central committee of each political party | ||
shall be
composed of the precinct, township or ward | ||
committeepersons committeemen , as the case may
be, of such | ||
party representing the precincts or wards, embraced in such
| ||
city, incorporated town or village. The voting strength of each
| ||
precinct, township or ward committeeperson committeeman on the | ||
municipal central
committee shall be the same as his voting | ||
strength on the county central
committee.
| ||
For political parties, other than a statewide political | ||
party,
established only within a municipality or
township, the | ||
municipal or township managing committee shall be composed
of | ||
the party officers of the local established party. The party | ||
officers
of a local established party shall be as follows: the | ||
chair chairman and
secretary of the caucus for those | ||
municipalities and townships authorized
by statute to nominate | ||
candidates by caucus shall serve as party officers
for the | ||
purpose of filling vacancies in nomination under Section
7-61; | ||
for municipalities and townships authorized by statute or | ||
ordinance
to nominate candidates by petition and primary | ||
election, the party officers
shall be the party's candidates | ||
who are nominated at the primary. If no party
primary was held | ||
because of the provisions of Section 7-5, vacancies in
| ||
nomination shall be filled by the party's remaining candidates | ||
who shall
serve as the party's officers.
| ||
Powers
| ||
(i) Each committee and its officers shall have the powers |
usually
exercised by such committees and by the officers | ||
thereof, not
inconsistent with the provisions of this Article. | ||
The several committees
herein provided for shall not have power | ||
to delegate any of their
powers, or functions to any other | ||
person, officer or committee, but this
shall not be construed | ||
to prevent a committee from appointing from its
own membership | ||
proper and necessary subcommittees.
| ||
(j) The State central committee of a political party which | ||
elects its
members by Alternative B under paragraph (a) of this | ||
Section shall adopt a
plan to give effect to the delegate | ||
selection rules of the national political
party and file a copy | ||
of such plan with the State Board of Elections when
approved by | ||
a national political party.
| ||
(k) For the purpose of the designation of a proxy by a | ||
Congressional
Committee to vote in place of an
absent State | ||
central committeeman or committeewoman at meetings of the
State | ||
central committee of a political party which elects its members | ||
by
Alternative B under paragraph (a) of this Section, the proxy | ||
shall be
appointed by the vote of the ward and township | ||
committeepersons committeemen , if any, of the
wards and | ||
townships which lie entirely or partially within the
| ||
Congressional District from which the absent State central | ||
committeeman or
committeewoman was elected and the vote of the | ||
chairmen of the county
central committees of those counties | ||
which lie entirely or partially within
that Congressional | ||
District and in which there are no ward or township |
committeepersons
committeemen . When voting for such proxy, the | ||
county chair chairman , ward committeeperson
committeeman or | ||
township committeeperson committeeman , as the case may be, | ||
shall have one
vote for each ballot voted in his county, ward | ||
or township, or portion
thereof within the Congressional | ||
District, by the primary electors of his
party at the primary | ||
at which he was elected. However, the absent State
central | ||
committeeman or committeewoman may designate a proxy when | ||
permitted
by the rules of a political party which elects its | ||
members by Alternative B
under paragraph (a) of this Section.
| ||
Notwithstanding any law to the contrary, a person is | ||
ineligible to hold the position of committeeperson in any | ||
committee established pursuant to this Section if he or she is | ||
statutorily ineligible to vote in a general election because of | ||
conviction of a felony. When a committeeperson is convicted of | ||
a felony, the position occupied by that committeeperson shall | ||
automatically become vacant.
| ||
(Source: P.A. 100-201, eff. 8-18-17.)
| ||
(10 ILCS 5/7-8.01) (from Ch. 46, par. 7-8.01)
| ||
Sec. 7-8.01.
The county board district committee of each | ||
political party in each
county board district created pursuant | ||
to "An Act relating to the
composition and election of county | ||
boards in certain counties", enacted by
the 76th General | ||
Assembly, shall consist of the precinct committeepersons | ||
committeemen of
the precincts included in the county board |
district.
| ||
(Source: P.A. 76-1651.)
| ||
(10 ILCS 5/7-8.02) (from Ch. 46, par. 7-8.02)
| ||
Sec. 7-8.02.
The State's Attorney committee for each group | ||
of counties
which jointly elect a State's Attorney and the | ||
Superintendent of Multi-County
Educational Service Region | ||
committee for each group of counties
which jointly elect a | ||
Superintendent of a Multi-County Educational
Service Region | ||
shall consist of the chairmen of the county
central committees | ||
of the counties composing such group of counties. In the
| ||
organization and proceedings of a State's Attorney or | ||
Superintendent of
Multi-County Educational Service Region | ||
committee, each chair chairman
of a county central committee | ||
shall have one vote for each ballot voted in
his or her county | ||
by the primary electors of his or her party at
the last primary | ||
of an even-numbered year.
| ||
(Source: P.A. 84-861.)
| ||
(10 ILCS 5/7-9) (from Ch. 46, par. 7-9)
| ||
Sec. 7-9. County central committee; county and State | ||
conventions.
| ||
(a) On the 29th day next succeeding the primary at which | ||
committeepersons
committeemen are elected, the county central | ||
committee of each political
party shall meet within the county | ||
and proceed to
organize by electing from its own number a chair |
chairman and either from its
own number, or otherwise, such | ||
other officers as such committee may deem
necessary or | ||
expedient. Such meeting of the county central committee
shall | ||
be known as the county convention.
| ||
The chair chairman of each county committee shall within 10 | ||
days after the
organization, forward to the State Board of | ||
Elections, the names and
post office addresses of the officers, | ||
precinct committeepersons committeemen and
representative | ||
committeepersons committeemen elected by his political party.
| ||
The county convention of each political party shall choose | ||
delegates
to the State convention of its party, if the party | ||
chooses to hold a State convention; but in any county having | ||
within
its limits any city having a population of 200,000, or | ||
over the
delegates from such city shall be chosen by wards, the | ||
ward committeepersons committeemen
from the respective wards | ||
choosing the number of delegates to which such
ward is entitled | ||
on the basis prescribed in paragraph (e) of this
Section such | ||
delegates to be members of the delegation to the State
| ||
convention from such county. In all counties containing a | ||
population of
2,000,000 or more outside of cities having a | ||
population of 200,000 or
more, the delegates from each of the | ||
townships or parts of townships as
the case may be shall be | ||
chosen by townships or parts of townships as
the case may be, | ||
the township committeepersons committeemen from the respective | ||
townships
or parts of townships as the case may be choosing the | ||
number of
delegates to which such townships or parts of |
townships as the case may
be are entitled, on the basis | ||
prescribed in paragraph (e) of this
Section such delegates to | ||
be members of the delegation to the State
convention from such | ||
county.
| ||
Each member of the State Central Committee of a political | ||
party which
elects its members by Alternative B under paragraph | ||
(a) of Section 7-8
shall be a delegate to the State Convention, | ||
if the party chooses to hold a State convention, ex officio.
| ||
Each member of the State Central Committee of a political | ||
party which
elects its members by Alternative B under paragraph | ||
(a) of Section 7-8 may
appoint 2 delegates to the State | ||
Convention, if the party chooses to hold a State convention, | ||
who must be residents of the
member's Congressional District.
| ||
(b) State conventions may be held within 180 days after the
| ||
general primary in the year 2000 and every 4 years thereafter. | ||
In the year 1998, and every 4 years thereafter,
the chair | ||
chairman of a State central committee may issue a call for a | ||
State
convention within 180 days after the general primary.
| ||
The State
convention of each political party, if the party | ||
chooses to hold a State convention, has power to make
| ||
nominations of candidates of its political party for the | ||
electors of
President and Vice President of the United States, | ||
and to adopt any party
platform, and, to the
extent determined | ||
by the State central committee as provided in Section
7-14, to | ||
choose and select delegates and alternate delegates at large to
| ||
national nominating conventions. The State Central Committee |
may adopt
rules to provide for and govern the procedures of the | ||
State convention.
| ||
(c) The chair chairman and secretary of each State | ||
convention, if the party chooses to hold a State convention, | ||
shall,
within 2 days thereafter, transmit to the State Board of | ||
Elections of
this State a certificate setting forth the names | ||
and addresses of all
persons nominated by such State convention | ||
for electors of President and
Vice President of the United | ||
States, and of any persons selected by the State
convention for
| ||
delegates and alternate delegates at large to national | ||
nominating
conventions; and the names of such candidates so | ||
chosen by such State
convention for electors of President and | ||
Vice President of the United
States, shall be caused by
the | ||
State Board of Elections to be printed upon the official ballot | ||
at
the general election, in the manner required by law, and | ||
shall be
certified to the various county clerks of the proper | ||
counties in the
manner as provided in Section 7-60 of this | ||
Article 7 for the certifying
of the names of persons nominated | ||
by any party for State offices. If and
as long as this Act | ||
prescribes that the names of such electors be not
printed on | ||
the ballot, then the names of such electors shall be
certified | ||
in such manner as may be prescribed by the parts of this Act
| ||
applicable thereto.
| ||
(d) Each convention, if the party chooses to hold a State | ||
convention, may perform all other functions inherent to such
| ||
political organization and not inconsistent with this Article.
|
(e) At least 33 days before the date of a State convention, | ||
if the party chooses to hold a State convention, the chair | ||
chairman of the State central committee of each political
party | ||
shall file in the principal office of the State Board of
| ||
Elections a call for the State convention. Such call shall | ||
state, among
other things, the time and place (designating the | ||
building or hall) for
holding the State convention. Such call | ||
shall be signed by the chair chairman
and attested by the | ||
secretary of the committee. In such convention each
county | ||
shall be entitled to one delegate for each 500 ballots voted by
| ||
the primary electors of the party in such county at the primary | ||
to be
held next after the issuance of such call; and if in such | ||
county, less
than 500 ballots are so voted or if the number of | ||
ballots so voted is
not exactly a multiple of 500, there shall | ||
be one delegate for such
group which is less than 500, or for | ||
such group representing the number
of votes over the multiple | ||
of 500, which delegate shall have 1/500 of
one vote for each | ||
primary vote so represented by him. The call for such
| ||
convention shall set forth this paragraph (e) of Section 7-9 in | ||
full and
shall direct that the number of delegates to be chosen | ||
be calculated in
compliance herewith and that such number of | ||
delegates be chosen.
| ||
(f) All precinct, township and ward committeepersons | ||
committeemen when elected as
provided in this Section shall | ||
serve as though elected at large
irrespective of any changes | ||
that may be made in precinct, township or
ward boundaries and |
the voting strength of each committeeperson committeeman shall
| ||
remain as provided in this Section for the entire time for | ||
which he is
elected.
| ||
(g) The officers elected at any convention provided for in | ||
this
Section shall serve until their successors are elected as | ||
provided in
this Act.
| ||
(h) A special meeting of any central committee may be | ||
called by the chair
chairman , or by not less than 25% of the | ||
members of such committee, by
giving 5 days notice to members | ||
of such committee in writing designating
the time and place at | ||
which such special meeting is to be held and the
business which | ||
it is proposed to present at such special meeting.
| ||
(i) Except as otherwise provided in this Act, whenever a | ||
vacancy
exists in the office of precinct committeeperson | ||
committeeman because no one was elected
to that office or | ||
because the precinct committeeperson committeeman ceases to | ||
reside in
the precinct or for any other reason, the chair | ||
chairman of the county
central committee of the appropriate | ||
political party may fill the
vacancy in such office by | ||
appointment of a qualified resident of the
county and the | ||
appointed precinct committeeperson committeeman shall serve as | ||
though
elected; however, no such appointment may be made | ||
between the general
primary election and the 30th day after the | ||
general primary election.
| ||
(j) If the number of Congressional Districts in the State | ||
of Illinois
is reduced as a result of reapportionment of |
Congressional Districts
following a federal decennial census, | ||
the State Central Committeemen and
Committeewomen of a | ||
political
party which elects its State Central
Committee by | ||
either Alternative A or by Alternative B under paragraph (a)
of | ||
Section 7-8 who were
previously elected shall continue to serve | ||
as if no reapportionment had
occurred until the expiration of | ||
their terms.
| ||
(Source: P.A. 99-522, eff. 6-30-16.)
| ||
(10 ILCS 5/7-9.1) (from Ch. 46, par. 7-9.1)
| ||
Sec. 7-9.1.
(a) Except as otherwise provided in this Act, | ||
whenever
a vacancy exists in
the office of delegate to a State | ||
or national nominating convention by
reason of death or for any | ||
other reason, then the alternate receiving the
highest vote | ||
shall succeed to the vacated office and exercise all the
rights | ||
and prerogatives and discharge all the duties of the office. | ||
The
vacated office of alternate shall be filled by the | ||
congressional committee
of the district.
| ||
(b) Vacancies, whether temporary or permanent, in the | ||
office of delegate
to the national nominating convention of a | ||
political party whose State Central
Committee uses Alternative | ||
B of Section 7-14.1 shall be filled by alternate
delegates in | ||
the following order:
| ||
1. Alternates from the same District with same Presidential | ||
preference;
| ||
2. Alternates from other Districts with same Presidential |
preference;
| ||
3. Alternate at-large delegates with same Presidential | ||
preference;
| ||
4. Alternates from the same District with different | ||
Presidential preference;
| ||
5. Alternates from other Districts with different | ||
Presidential preference;
| ||
6. Alternate at-large delegates with different | ||
Presidential preference.
| ||
Unpledged delegates shall be replaced by unpledged | ||
alternates.
| ||
Each delegate shall certify in writing the order of his | ||
succession of alternates
to the chair chairman of the State's | ||
delegation.
| ||
The delegation shall, as soon as practicable, fill a | ||
vacancy in the position
of alternate delegate by choosing, in | ||
accord with its rules, a person of
the same Presidential | ||
preference and from the same political subdivision.
| ||
The alternate succeeding to the vacated office shall | ||
exercise all the rights
and prerogatives of the office and | ||
discharge all the duties of the office.
| ||
(Source: P.A. 83-32.)
| ||
(10 ILCS 5/7-10) (from Ch. 46, par. 7-10)
| ||
Sec. 7-10. Form of petition for nomination. The name of no | ||
candidate for
nomination, or State central committeeperson |
committeeman , or township committeeperson committeeman , or
| ||||||||||||||
precinct committeeperson committeeman , or ward committeeperson | ||||||||||||||
committeeman or candidate for delegate or
alternate delegate to | ||||||||||||||
national nominating conventions, shall be printed
upon the | ||||||||||||||
primary ballot unless a petition for nomination has been filed | ||||||||||||||
in
his behalf as provided in this Article in substantially the | ||||||||||||||
following form:
| ||||||||||||||
We, the undersigned, members of and affiliated with the | ||||||||||||||
.... party
and qualified primary electors of the .... party, in | ||||||||||||||
the .... of ....,
in the county of .... and State of Illinois, | ||||||||||||||
do hereby petition that
the following named person or persons | ||||||||||||||
shall be a candidate or candidates
of the .... party for the | ||||||||||||||
nomination for (or in case of committeepersons committeemen for
| ||||||||||||||
election to) the office or offices hereinafter specified, to be | ||||||||||||||
voted
for at the primary election to be held on (insert date).
| ||||||||||||||
| ||||||||||||||
Name.................. Address.......................
| ||||||||||||||
State of Illinois)
| ||||||||||||||
) ss.
| ||||||||||||||
County of........)
| ||||||||||||||
I, ...., do hereby certify
that I reside at No. .... |
street, in the .... of ...., county of ....,
and State of | ||
....., that I am 18 years of age or older, that
I am a citizen | ||
of the United States, and that the signatures on this sheet
| ||
were signed
in my presence, and are genuine, and that to the | ||
best of my knowledge
and belief the persons so signing were at | ||
the time of signing the
petitions qualified voters of the .... | ||
party, and that their respective
residences are correctly | ||
stated, as above set forth.
| ||
.........................
| ||
Subscribed and sworn to before me on (insert date).
| ||
.........................
| ||
Each sheet of the petition other than the statement of | ||
candidacy and
candidate's statement shall be of uniform size | ||
and shall contain above
the space for signatures an appropriate | ||
heading giving the information
as to name of candidate or | ||
candidates, in whose behalf such petition is
signed; the | ||
office, the political party represented and place of
residence; | ||
and the heading of each sheet shall be the same.
| ||
Such petition shall be signed by qualified primary electors | ||
residing
in the political division for which the nomination is | ||
sought in their
own proper persons only and opposite the | ||
signature of each signer, his
residence address shall be | ||
written or printed. The residence address
required to be | ||
written or printed opposite each qualified primary elector's
| ||
name shall include the street address or rural route number of |
the signer,
as the case may be, as well as the signer's county, | ||
and city, village or
town, and state.
However the county or | ||
city, village or town, and state of residence of
the electors | ||
may be printed on the petition forms where all of the
electors | ||
signing the petition reside in the same county or city, village
| ||
or town, and state. Standard abbreviations may be used in | ||
writing the
residence address, including street number, if any. | ||
At the bottom of
each sheet of such petition shall be added a | ||
circulator statement signed by
a person 18 years of age or | ||
older who is a citizen of the United States,
stating the street | ||
address or rural route number, as the case may be, as well
as | ||
the county, city, village or town, and state;
and certifying | ||
that the signatures on that sheet of the petition were signed | ||
in
his or her presence and certifying that the signatures are | ||
genuine; and
either (1) indicating the dates on which that | ||
sheet was circulated, or (2)
indicating the first and last | ||
dates on which the sheet was circulated, or (3)
certifying that | ||
none of the signatures on the sheet were signed more than 90
| ||
days preceding the last day for the filing of the petition and | ||
certifying that
to the best of his or her knowledge and belief | ||
the persons so signing were at
the time of signing the | ||
petitions qualified voters of the political party for
which a | ||
nomination is sought. Such statement shall be sworn to before | ||
some
officer authorized to administer oaths in this State.
| ||
No petition sheet shall be circulated more than 90 days | ||
preceding the
last day provided in Section 7-12 for the filing |
of such petition.
| ||
The person circulating the petition, or the candidate on | ||
whose behalf the
petition is circulated, may strike any | ||
signature from the petition,
provided that:
| ||
(1) the person striking the signature shall initial the | ||
petition at
the place where the signature is struck; and
| ||
(2) the person striking the signature shall sign a | ||
certification
listing the page number and line number of | ||
each signature struck from
the petition. Such | ||
certification shall be filed as a part of the petition.
| ||
Such sheets before being filed shall be neatly fastened | ||
together in
book form, by placing the sheets in a pile and | ||
fastening them together
at one edge in a secure and suitable | ||
manner, and the sheets shall then
be numbered consecutively. | ||
The sheets shall not be fastened by pasting
them together end | ||
to end, so as to form a continuous strip or roll. All
petition | ||
sheets which are filed with the proper local election | ||
officials,
election authorities or the State Board of Elections | ||
shall be the original
sheets which have been signed by the | ||
voters and by the circulator thereof,
and not photocopies or | ||
duplicates of such sheets. Each petition must include
as a part | ||
thereof, a statement of candidacy for each of the candidates | ||
filing,
or in whose behalf the petition is filed. This | ||
statement shall set out the
address of such candidate, the | ||
office for which he is a candidate, shall state
that the | ||
candidate is a qualified primary voter of the party to which |
the
petition relates and is qualified for the office specified | ||||||||||||||||||||||
(in the case of a
candidate for State's Attorney it shall state | ||||||||||||||||||||||
that the candidate is at the time
of filing such statement a | ||||||||||||||||||||||
licensed attorney-at-law of this State), shall state
that he | ||||||||||||||||||||||
has filed (or will file before the close of the petition filing | ||||||||||||||||||||||
period)
a statement of economic interests as required by the | ||||||||||||||||||||||
Illinois Governmental
Ethics Act, shall request that the | ||||||||||||||||||||||
candidate's name be placed upon the official
ballot, and shall | ||||||||||||||||||||||
be subscribed and sworn to by such candidate before some
| ||||||||||||||||||||||
officer authorized to take acknowledgment of deeds in the State | ||||||||||||||||||||||
and shall be in
substantially the following form:
| ||||||||||||||||||||||
Statement of Candidacy
| ||||||||||||||||||||||
| ||||||||||||||||||||||
State of Illinois)
| ||||||||||||||||||||||
) ss.
| ||||||||||||||||||||||
County of .......)
| ||||||||||||||||||||||
I, ...., being first duly sworn, say that I reside at .... | ||||||||||||||||||||||
Street in the city
(or village) of ...., in the county of ...., | ||||||||||||||||||||||
State of Illinois; that I
am a qualified voter therein and am a | ||||||||||||||||||||||
qualified primary voter of the ....
party; that I am a | ||||||||||||||||||||||
candidate for nomination (for election in the case of | ||||||||||||||||||||||
committeeperson
committeeman and delegates and alternate |
delegates) to the office of ....
to be voted upon at the | ||
primary election to be held on (insert date); that I am
legally | ||
qualified (including
being the holder of any license that may | ||
be an eligibility requirement
for the office I seek the | ||
nomination for) to hold such office and that I
have filed (or I | ||
will file before the close of the petition filing period)
a | ||
statement of economic interests as required by the Illinois
| ||
Governmental Ethics Act and I hereby request that my name be | ||
printed
upon the official primary ballot for nomination for (or | ||
election to in
the case of committeepersons committeemen and | ||
delegates and alternate delegates) such
office.
| ||
Signed ......................
| ||
Subscribed and sworn to (or affirmed) before me by ...., | ||
who is to me
personally known, on (insert date).
| ||
Signed ....................
| ||
(Official Character)
| ||
(Seal, if officer has one.)
| ||
The petitions, when filed, shall not be withdrawn or added | ||
to, and no
signatures shall be revoked except by revocation | ||
filed in writing with
the State Board of Elections, election | ||
authority or local election
official with whom the petition is | ||
required to be filed, and before the
filing of such petition. | ||
Whoever forges the name of a signer upon any
petition required | ||
by this Article is deemed guilty of a forgery and on
conviction | ||
thereof shall be punished accordingly.
|
A candidate for the offices listed in this Section must | ||
obtain the number
of signatures specified in this Section on | ||
his or her petition for nomination.
| ||
(a) Statewide office or delegate to a national nominating | ||
convention. If a
candidate seeks to run for statewide office or | ||
as a delegate or alternate
delegate to a national nominating | ||
convention elected from the State at-large,
then the | ||
candidate's petition for nomination must contain at least 5,000 | ||
but
not more than 10,000 signatures.
| ||
(b) Congressional office or congressional delegate to a | ||
national nominating
convention. If a candidate seeks to run for | ||
United States Congress or as a
congressional delegate or | ||
alternate congressional delegate to a national
nominating | ||
convention elected from a congressional district, then the
| ||
candidate's petition for nomination must contain at least the | ||
number of
signatures equal to 0.5% of the qualified primary | ||
electors of his or her party
in his or her congressional | ||
district. In the first primary election following a
| ||
redistricting of congressional districts, a candidate's | ||
petition for nomination
must contain at least 600 signatures of | ||
qualified primary electors of the
candidate's political party | ||
in his or her congressional district.
| ||
(c) County office. If a candidate seeks to run for any | ||
countywide office,
including but not limited to county board | ||
chairperson or county board
member, elected on an at-large | ||
basis, in a county other than Cook County,
then the candidate's |
petition for nomination must contain at least the number
of | ||
signatures equal to 0.5% of the qualified electors of his or | ||
her party who
cast votes at the last preceding general election | ||
in his or her county. If a
candidate
seeks to run for county | ||
board member elected from a county board district, then
the | ||
candidate's petition for nomination must contain at least the | ||
number of
signatures equal to 0.5% of the qualified primary | ||
electors of his or her party
in the
county board district. In | ||
the first primary election following a redistricting
of county | ||
board districts or the initial establishment of county board
| ||
districts, a candidate's petition for nomination must contain | ||
at least the
number of signatures equal to 0.5% of the | ||
qualified electors of his or her
party
in the entire county who | ||
cast votes at the last preceding general election
divided by | ||
the
total number of county board districts comprising the | ||
county board; provided
that
in no event shall the number of | ||
signatures be less than 25.
| ||
(d) County office; Cook County only.
| ||
(1) If a candidate seeks to run for countywide office | ||
in Cook County,
then the candidate's petition for | ||
nomination must contain at least the number
of signatures | ||
equal to 0.5% of the qualified electors of his or her party | ||
who
cast votes at the last preceding general election in | ||
Cook County.
| ||
(2) If a candidate seeks to run for Cook County Board | ||
Commissioner,
then the candidate's petition for nomination |
must contain at least the number
of signatures equal to | ||
0.5% of
the qualified primary electors of his or her party | ||
in his or her county board
district. In the first primary | ||
election following a redistricting of Cook
County Board of | ||
Commissioners districts, a candidate's petition for
| ||
nomination must contain at least the number of signatures | ||
equal to 0.5% of
the qualified electors of his or her party | ||
in the entire county who cast votes
at the last
preceding | ||
general election divided by the total number of county | ||
board
districts comprising the county board; provided that | ||
in no event shall the
number of signatures be less than 25.
| ||
(3) If a candidate seeks to run for Cook County Board | ||
of Review
Commissioner, which is elected from a district | ||
pursuant to subsection (c)
of Section 5-5 of the Property | ||
Tax Code, then the candidate's petition for
nomination must | ||
contain at least the number of signatures equal to 0.5% of
| ||
the total number of registered voters in his or her board | ||
of
review district in the last general election at which a | ||
commissioner was
regularly scheduled to be elected from | ||
that board of review district. In no
event shall the number | ||
of signatures required be greater than the requisite
number | ||
for a candidate who seeks countywide office in Cook County
| ||
under subsection (d)(1) of this Section. In the first | ||
primary election
following a redistricting of Cook County | ||
Board of Review districts, a
candidate's petition for | ||
nomination must contain at least 4,000 signatures
or at |
least the number of signatures required for a countywide | ||
candidate in
Cook County, whichever is less,
of the | ||
qualified electors of his or her party in the district.
| ||
(e) Municipal or township office. If a candidate seeks to | ||
run for municipal
or township office, then the candidate's | ||
petition for nomination must contain
at least the number of | ||
signatures equal to 0.5% of the qualified primary
electors of | ||
his or her party in the municipality or township. If a | ||
candidate
seeks to run for alderman of a municipality, then the | ||
candidate's petition for
nomination must contain at least the | ||
number of signatures equal to 0.5% of the
qualified primary | ||
electors of his or her party of the ward. In the first
primary | ||
election following redistricting of aldermanic wards or | ||
trustee
districts of a municipality or the initial | ||
establishment of wards or districts,
a candidate's petition for | ||
nomination must contain the number of signatures
equal to at | ||
least 0.5% of the total number of votes cast for the candidate | ||
of
that political party who received the highest number of | ||
votes in the entire
municipality at the last regular election | ||
at which an officer was regularly
scheduled to be elected from
| ||
the entire municipality, divided by the number of wards or | ||
districts. In no
event shall the number of signatures be less | ||
than 25.
| ||
(f) State central committeeperson. If a candidate seeks to | ||
run for State
central committeeperson, then the candidate's | ||
petition for nomination must
contain at least 100 signatures of |
the primary electors of his or her party of
his or
her | ||
congressional district.
| ||
(g) Sanitary district trustee. If a candidate seeks to run | ||
for trustee of a
sanitary district in which trustees are not | ||
elected from wards, then the
candidate's petition for | ||
nomination must contain at least the number of
signatures equal | ||
to 0.5% of the primary electors of his or her party from the
| ||
sanitary district. If a candidate seeks to run for trustee
of a | ||
sanitary district in which trustees are elected from wards, | ||
then the
candidate's petition for
nomination must contain at | ||
least the number of signatures equal to 0.5% of the
primary | ||
electors of his or her party in the ward of that sanitary | ||
district. In
the
first primary election following | ||
redistricting of sanitary districts elected
from wards, a | ||
candidate's petition for nomination must contain at least the
| ||
signatures of 150 qualified primary electors of his or her ward | ||
of that
sanitary district.
| ||
(h) Judicial office. If a candidate seeks to run for | ||
judicial office in a district, then the candidate's petition | ||
for nomination must contain the number of signatures equal to | ||
0.4% of the number of votes cast in that district for the | ||
candidate for his or her political party for the office of | ||
Governor at the last general election at which a Governor was | ||
elected, but in no event less than 500 signatures. If a | ||
candidate seeks to run for judicial office in a
circuit or | ||
subcircuit, then the candidate's petition for nomination
must |
contain the number of signatures equal to 0.25% of the number | ||
of votes
cast for the judicial candidate of his or her | ||
political party who received the
highest number of votes
at the | ||
last general election at which a judicial
officer from the same | ||
circuit or subcircuit was regularly scheduled
to be elected, | ||
but in no event less than 1,000 signatures in circuits and | ||
subcircuits located in the First Judicial District or 500 | ||
signatures in every other Judicial District.
| ||
(i) Precinct, ward, and township committeeperson. If a | ||
candidate seeks to
run for precinct committeeperson, then the | ||
candidate's petition for nomination
must contain at least 10 | ||
signatures of the primary electors of his or her
party for the | ||
precinct. If a candidate seeks to run for ward committeeperson,
| ||
then the candidate's petition for nomination must contain no | ||
less than the
number of signatures equal to 10% of the primary | ||
electors of his or her party
of the ward, but no more than 16% | ||
of those same electors; provided that the
maximum number of | ||
signatures may be 50 more than the minimum number, whichever
is | ||
greater. If a candidate seeks to run for township | ||
committeeperson, then the
candidate's petition for nomination | ||
must contain no less than the number of
signatures equal to 5% | ||
of the primary electors of his or her party of the
township, | ||
but no more than 8% of those same electors;
provided that the | ||
maximum number of signatures may be 50 more than the
minimum | ||
number, whichever is greater.
| ||
(j) State's attorney or regional superintendent of schools |
for multiple
counties. If
a candidate seeks to run for State's | ||
attorney or regional Superintendent of
Schools who serves more | ||
than one county, then the candidate's petition for
nomination | ||
must contain at least the number of signatures equal to 0.5% of | ||
the
primary electors of his or her party in the territory | ||
comprising the counties.
| ||
(k) Any other office. If a candidate seeks any other | ||
office, then the
candidate's petition for nomination must | ||
contain at least the number of
signatures equal to 0.5% of the | ||
registered voters of the political subdivision,
district, or | ||
division for which the nomination is made or 25 signatures,
| ||
whichever is greater.
| ||
For purposes of this Section the number of primary electors | ||
shall be
determined by taking the total vote cast, in the | ||
applicable district, for the
candidate for that political party | ||
who received the highest number of votes,
statewide, at the | ||
last general election in the State at which electors for
| ||
President of the United States were elected. For political | ||
subdivisions, the
number of primary electors shall be | ||
determined by taking the total vote
cast for the candidate for | ||
that political party who received the highest number
of votes | ||
in the political subdivision at the last regular election at | ||
which an
officer was regularly scheduled to be elected from | ||
that subdivision. For wards
or districts of political | ||
subdivisions, the number of primary electors shall be
| ||
determined by taking the total vote cast for the candidate for |
that political
party who received the highest number of votes | ||
in the ward or district at the
last regular election at which | ||
an officer was regularly scheduled to be elected
from that ward | ||
or district.
| ||
A "qualified primary elector" of a party may not
sign | ||
petitions for or be a candidate in the primary of more than
one | ||
party.
| ||
The changes made to this Section of this amendatory Act of | ||
the 93rd General
Assembly are declarative of existing law, | ||
except for item (3) of subsection
(d).
| ||
Petitions of candidates for nomination for offices herein | ||
specified,
to be filed with the same officer, may contain the | ||
names of 2 or more
candidates of the same political party for | ||
the same or different
offices. In the case of the offices of | ||
Governor and Lieutenant Governor, a joint petition including | ||
one candidate for each of those offices must be filed.
| ||
(Source: P.A. 96-1018, eff. 1-1-11; 97-81, eff. 7-5-11.)
| ||
(10 ILCS 5/7-11) (from Ch. 46, par. 7-11)
| ||
Sec. 7-11.
Any candidate for President of the United States | ||
may have his name
printed upon the primary ballot of his | ||
political party by filing in the
office of the State Board of | ||
Elections not more than 113 and not less
than 106 days prior to | ||
the date of the general primary, in any year in which a
| ||
Presidential election is to be held, a petition signed by not | ||
less than
3000 or more than 5000 primary electors, members of |
and affiliated with the
party of which he is a candidate, and | ||
no candidate for President of the
United States, who fails to | ||
comply with the provisions of this Article
shall have his name | ||
printed upon any primary ballot: Provided, however,
that if the | ||
rules or policies of a national political
party conflict with | ||
such requirements for filing petitions for President of
the | ||
United States in a presidential preference primary, the Chair | ||
Chairman of the
State central committee of such national | ||
political party shall notify the
State Board of Elections in | ||
writing, citing by reference the rules or
policies of the | ||
national political party in conflict, and in such case the
| ||
Board shall direct such petitions to be filed in accordance | ||
with the delegate selection plan adopted by the state central | ||
committee of such national political party. Provided, further, | ||
unless rules
or policies of a national political party | ||
otherwise provide, the
vote for President of the United States, | ||
as herein provided for, shall be
for the sole purpose of | ||
securing an expression of the sentiment and will of
the party | ||
voters with respect to candidates for nomination for said | ||
office,
and the vote of the state at large shall be taken and | ||
considered as
advisory to the delegates and alternates at large | ||
to the national
conventions of respective political parties; | ||
and the vote of the respective
congressional districts shall be | ||
taken and considered as advisory to the
delegates and | ||
alternates of said congressional districts to the national
| ||
conventions of the respective political parties.
|
(Source: P.A. 96-1008, eff. 7-6-10; 97-81, eff. 7-5-11.)
| ||
(10 ILCS 5/7-12) (from Ch. 46, par. 7-12)
| ||
Sec. 7-12. All petitions for nomination shall be filed by | ||
mail or
in person as follows: | ||
(1) Where the nomination is to be made for a State, | ||
congressional, or
judicial office, or for any office a | ||
nomination for which is made for a
territorial division or | ||
district which comprises more than one county or
is partly | ||
in one county and partly in another county or counties, | ||
then,
except as otherwise provided in this Section, such | ||
petition for nomination
shall be filed in the principal | ||
office of the State Board of Elections not
more than 113 | ||
and not less than 106 days prior to the date of the | ||
primary,
but, in the case of petitions for nomination to | ||
fill a vacancy by special
election in the office of | ||
representative in Congress from this State, such
petition | ||
for nomination shall be filed in the principal office of | ||
the State
Board of Elections not more than 85 days and not | ||
less than 82 days prior to
the date of the primary.
| ||
Where a vacancy occurs in the office of Supreme, | ||
Appellate or Circuit
Court Judge within the 3-week period | ||
preceding the 106th day before a
general primary election, | ||
petitions for nomination for the office in which
the | ||
vacancy has occurred shall be filed in the principal office | ||
of the
State Board of Elections not more than 92 nor less |
than 85 days prior to
the date of the general primary | ||
election.
| ||
Where the nomination is to be made for delegates or | ||
alternate
delegates to a national nominating convention, | ||
then such petition for
nomination shall be filed in the | ||
principal office of the State Board of
Elections not more | ||
than 113 and not less than 106 days prior to the date of
| ||
the primary; provided, however, that if the rules or | ||
policies of a national
political party conflict with such | ||
requirements for filing petitions for
nomination for | ||
delegates or alternate delegates to a national nominating
| ||
convention, the chair chairman of the State central | ||
committee of such national
political party shall notify the | ||
Board in writing, citing by reference the
rules or policies | ||
of the national political party in conflict, and in such
| ||
case the Board shall direct such petitions to be filed in | ||
accordance with the delegate selection plan adopted by the | ||
state central committee of such national political party.
| ||
(2) Where the nomination is to be made for a county | ||
office or trustee
of a sanitary district then such petition | ||
shall be filed in the office
of the county clerk not more | ||
than 113 nor less than 106 days prior to the
date of the | ||
primary.
| ||
(3) Where the nomination is to be made for a municipal | ||
or township
office, such petitions for nomination shall be | ||
filed in the office of
the local election official, not |
more than 99 nor less than 92 days
prior to the date of the | ||
primary; provided, where a municipality's or
township's | ||
boundaries are coextensive with or are entirely within the
| ||
jurisdiction of a municipal board of election | ||
commissioners, the petitions
shall be filed in the office | ||
of such board; and provided, that petitions
for the office | ||
of multi-township assessor shall be filed with the election
| ||
authority.
| ||
(4) The petitions of candidates for State central | ||
committeeperson committeeman shall
be filed in the | ||
principal office of the State Board of Elections not
more | ||
than 113 nor less than 106 days prior to the date of the | ||
primary.
| ||
(5) Petitions of candidates for precinct, township or | ||
ward committeepersons
committeemen shall be filed in the | ||
office of the county clerk not more
than 113 nor less than | ||
106 days prior to the date of the primary.
| ||
(6) The State Board of Elections and the various | ||
election authorities
and local election officials with | ||
whom such petitions for nominations
are filed shall specify | ||
the place where filings shall be made and upon
receipt | ||
shall endorse thereon the day and hour on which each | ||
petition
was filed. All petitions filed by persons waiting | ||
in line as of 8:00
a.m. on the first day for filing, or as | ||
of the normal opening hour of
the office involved on such | ||
day, shall be deemed filed as of 8:00 a.m.
or the normal |
opening hour, as the case may be. Petitions filed by mail
| ||
and received after midnight of the first day for filing and | ||
in the first
mail delivery or pickup of that day shall be | ||
deemed as filed as of 8:00
a.m. of that day or as of the | ||
normal opening hour of such day, as the
case may be. All | ||
petitions received thereafter shall be deemed as filed
in | ||
the order of actual receipt. However, 2 or more petitions | ||
filed within the last hour of the filing deadline shall be | ||
deemed filed simultaneously. Where 2 or more petitions are | ||
received
simultaneously, the State Board of Elections or | ||
the various election
authorities or local election | ||
officials with whom such petitions are
filed shall break | ||
ties and determine the order of filing, by means of a
| ||
lottery or other fair and impartial method of random | ||
selection approved
by the State Board of Elections. Such | ||
lottery shall be conducted within
9 days following the last | ||
day for petition filing and shall be open to the
public. | ||
Seven days written notice of the time and place of | ||
conducting such
random selection shall be given by the | ||
State Board of Elections to the chair
chairman of the State | ||
central committee of each established political
party, and | ||
by each election authority or local election official, to | ||
the
County Chair Chairman of each established political | ||
party, and to each
organization of citizens within the | ||
election jurisdiction which was
entitled, under this | ||
Article, at the next preceding election, to have
|
pollwatchers present on the day of election. The State | ||
Board of Elections,
election authority or local election | ||
official shall post in a conspicuous,
open and public | ||
place, at the entrance of the office, notice of the time
| ||
and place of such lottery. The State Board of Elections | ||
shall adopt rules
and regulations governing the procedures | ||
for the conduct of such lottery.
All candidates shall be | ||
certified in the order in which their petitions
have been | ||
filed. Where candidates have filed simultaneously, they | ||
shall be
certified in the order determined by lot and prior | ||
to candidates who filed
for the same office at a later | ||
time.
| ||
(7) The State Board of Elections or the appropriate | ||
election
authority or local election official with whom | ||
such a petition for
nomination is filed shall notify the | ||
person for whom a petition for
nomination has been filed of | ||
the obligation to file statements of
organization, reports | ||
of campaign contributions, and annual reports of
campaign | ||
contributions and expenditures under Article 9 of this Act.
| ||
Such notice shall be given in the manner prescribed by | ||
paragraph (7) of
Section 9-16 of this Code.
| ||
(8) Nomination papers filed under this Section are not | ||
valid if the
candidate named therein fails to file a | ||
statement of economic interests
as required by the Illinois | ||
Governmental Ethics Act in relation to his
candidacy with | ||
the appropriate officer by the end of the period for the
|
filing of nomination papers unless he has filed a statement | ||
of economic
interests in relation to the same governmental | ||
unit with that officer
within a year preceding the date on | ||
which such nomination papers were
filed. If the nomination | ||
papers of any candidate and the statement of
economic | ||
interest of that candidate are not required to be filed | ||
with
the same officer, the candidate must file with the | ||
officer with whom the
nomination papers are filed a receipt | ||
from the officer with whom the
statement of economic | ||
interests is filed showing the date on which such
statement | ||
was filed. Such receipt shall be so filed not later than | ||
the
last day on which nomination papers may be filed.
| ||
(9) Any person for whom a petition for nomination, or | ||
for committeeperson committeeman or
for delegate or | ||
alternate delegate to a national nominating convention has
| ||
been filed may cause his name to be withdrawn by request in | ||
writing, signed
by him and duly acknowledged before an | ||
officer qualified to take
acknowledgments of deeds, and | ||
filed in the principal or permanent branch
office of the | ||
State Board of Elections or with the appropriate election
| ||
authority or local election official, not later than the | ||
date of
certification of candidates for the consolidated | ||
primary or general primary
ballot. No names so withdrawn | ||
shall be certified or printed on the
primary ballot. If | ||
petitions for nomination have been filed for the
same | ||
person with respect to more than one political party, his |
name
shall not be certified nor printed on the primary | ||
ballot of any party.
If petitions for nomination have been | ||
filed for the same person for 2 or
more offices which are | ||
incompatible so that the same person could not
serve in | ||
more than one of such offices if elected, that person must
| ||
withdraw as a candidate for all but one of such offices | ||
within the
5 business days following the last day for | ||
petition filing. A candidate in a judicial election may | ||
file petitions for nomination for only one vacancy in a | ||
subcircuit and only one vacancy in a circuit in any one | ||
filing period, and if petitions for nomination have been | ||
filed for the same person for 2 or more vacancies in the | ||
same circuit or subcircuit in the same filing period, his | ||
or her name shall be certified only for the first vacancy | ||
for which the petitions for nomination were filed. If he | ||
fails to
withdraw as a candidate for all but one of such | ||
offices within such time
his name shall not be certified, | ||
nor printed on the primary ballot, for any
office. For the | ||
purpose of the foregoing provisions, an office in a
| ||
political party is not incompatible with any other office.
| ||
(10)(a) Notwithstanding the provisions of any other | ||
statute, no primary
shall be held for an established | ||
political party in any township,
municipality, or ward | ||
thereof, where the nomination of such
party for every | ||
office to be voted upon by the electors of such
township, | ||
municipality, or ward thereof, is uncontested. Whenever a
|
political party's nomination of candidates is uncontested | ||
as to one or
more, but not all, of the offices to be voted | ||
upon by the electors of a
township, municipality, or ward | ||
thereof, then a primary shall
be held for that party in | ||
such township, municipality, or ward thereof;
provided | ||
that the primary ballot shall not include those offices
| ||
within such township, municipality, or ward thereof, for | ||
which the
nomination is uncontested. For purposes of this | ||
Article, the nomination
of an established political party | ||
of a candidate for election to an office
shall be deemed to | ||
be uncontested where not more than the number of persons
to | ||
be nominated have timely filed valid nomination papers | ||
seeking the
nomination of such party for election to such | ||
office.
| ||
(b) Notwithstanding the provisions of any other | ||
statute, no primary
election shall be held for an | ||
established political party for any special
primary | ||
election called for the purpose of filling a vacancy in the | ||
office
of representative in the United States Congress | ||
where the nomination of
such political party for said | ||
office is uncontested. For the purposes of
this Article, | ||
the nomination of an established political party of a
| ||
candidate for election to said office shall be deemed to be | ||
uncontested
where not more than the number of persons to be | ||
nominated have timely filed
valid nomination papers | ||
seeking the nomination of such established party
for |
election to said office. This subsection (b) shall not | ||
apply if such
primary election is conducted on a regularly | ||
scheduled election day.
| ||
(c) Notwithstanding the provisions in subparagraph (a) | ||
and (b) of this
paragraph (10), whenever a person who has | ||
not timely filed valid nomination
papers and who intends to | ||
become a write-in candidate for a political
party's | ||
nomination for any office for which the nomination is | ||
uncontested
files a written statement or notice of that | ||
intent with the State Board of
Elections or the local | ||
election official with whom nomination papers for
such | ||
office are filed, a primary ballot shall be prepared and a | ||
primary
shall be held for that office. Such statement or | ||
notice shall be filed on
or before the date established in | ||
this Article for certifying candidates
for the primary | ||
ballot. Such statement or notice shall contain (i) the
name | ||
and address of the person intending to become a write-in | ||
candidate,
(ii) a statement that the person is a qualified | ||
primary elector of the
political party from whom the | ||
nomination is sought, (iii) a statement that
the person | ||
intends to become a write-in candidate for the party's
| ||
nomination, and (iv) the office the person is seeking as a | ||
write-in
candidate. An election authority shall have no | ||
duty to conduct a primary
and prepare a primary ballot for | ||
any office for which the nomination is
uncontested unless a | ||
statement or notice meeting the requirements of this
|
Section is filed in a timely manner.
| ||
(11) If multiple sets of nomination papers are filed | ||
for a candidate to
the same office, the State Board of | ||
Elections, appropriate election
authority or local | ||
election official where the petitions are filed shall
| ||
within 2 business days notify the candidate of his or her | ||
multiple petition
filings and that the candidate has 3 | ||
business days after receipt of the
notice to notify the | ||
State Board of Elections, appropriate election
authority | ||
or local election official that he or she may cancel prior | ||
sets
of petitions. If the candidate notifies the State | ||
Board of Elections,
appropriate election authority or | ||
local election official, the last set of
petitions filed | ||
shall be the only petitions to be considered valid by the
| ||
State Board of Elections, election authority or local | ||
election official. If
the candidate fails to notify the | ||
State Board of Elections, election authority
or local
| ||
election official then only the first set of petitions | ||
filed shall be valid
and all subsequent petitions shall be | ||
void.
| ||
(12) All nominating petitions shall be available for | ||
public inspection
and shall be preserved for a period of | ||
not less than 6 months.
| ||
(Source: P.A. 99-221, eff. 7-31-15.)
| ||
(10 ILCS 5/7-13) (from Ch. 46, par. 7-13)
|
Sec. 7-13.
The board of election commissioners in cities of | ||
500,000 or more
population having such board, shall constitute | ||
an electoral board for the
hearing and passing upon objections | ||
to nomination petitions for ward committeepersons
| ||
committeemen .
| ||
Such objections shall be filed in the office of the county | ||
clerk within 5 business days after the last day for filing | ||
nomination papers. The objection shall state the name
and | ||
address of the objector, who may be any qualified elector in | ||
the ward,
the specific grounds of objection and the relief | ||
requested of the electoral
board. Upon the receipt of the | ||
objection, the county clerk shall forthwith
transmit such | ||
objection and the petition of the candidate to the board of
| ||
election commissioners. The board of election commissioners | ||
shall forthwith
notify the objector and candidate objected to | ||
of the time and place for
hearing hereon. After a hearing upon | ||
the validity of such objections, the
board shall
certify to the | ||
county clerk its decision stating whether or not the name
of | ||
the candidate shall be printed on the ballot and the county | ||
clerk in his
or her certificate to the board of election | ||
commissioners shall leave off
of the certificate the name of | ||
the candidate for ward committeeperson committeeman that the
| ||
election commissioners order not to be printed on the ballot. | ||
However, the
decision of the board of election commissioners is | ||
subject to judicial
review as provided in Section 10-10.1.
| ||
The county electoral board composed as provided in Section |
10-9 shall
constitute an electoral board for the hearing and | ||
passing upon objections
to nomination petitions for precinct | ||
and township committeepersons committeemen . Such
objections | ||
shall be filed in the office of the county clerk within 5 | ||
business days after the last day for filing nomination papers. | ||
The objection shall state the name and
address of the objector | ||
who may be any qualified elector in the precinct or
in the | ||
township or part of a township that lies outside of a city | ||
having a
population of 500,000 or more, the specific grounds of | ||
objection and the
relief requested of the electoral board. Upon | ||
the receipt of the objection
the county clerk shall forthwith | ||
transmit such objection and the petition
of the candidate to | ||
the chair chairman of the county electoral board. The chair
| ||
chairman of the county electoral board shall forthwith notify | ||
the objector,
the candidate whose petition is objected to and | ||
the other members of the
electoral board of the time and place | ||
for hearing thereon. After hearing
upon the validity of such | ||
objections the board shall certify its decision to the county | ||
clerk
stating whether or not the name of the candidate shall be | ||
printed on the
ballot, and the county clerk, in his or her | ||
certificate to the board of
election commissioners, shall leave | ||
off of the certificate the name of the
candidate ordered by the | ||
board not to be printed on the ballot, and the
county clerk | ||
shall also refrain from printing on the official primary
| ||
ballot, the name of any candidate whose name has been ordered | ||
by the
electoral board not to be printed on the ballot. |
However, the decision of
the board is subject to judicial | ||
review as provided in Section 10-10.1.
| ||
In such proceedings the electoral boards have the same | ||
powers as other
electoral boards under the provisions of | ||
Section 10-10 of this Act and
their decisions are subject to | ||
judicial review under Section 10-10.1.
| ||
(Source: P.A. 96-1008, eff. 7-6-10.)
| ||
(10 ILCS 5/7-14.1) (from Ch. 46, par. 7-14.1)
| ||
Sec. 7-14.1.
Delegates and alternate delegates to national | ||
nominating
conventions shall be chosen according to one of the | ||
following alternative
methods of allocating delegates for | ||
election. The State central committee
of each political party | ||
established pursuant to this Article 7 shall certify
to the | ||
State Board of Elections, not less than 30 days prior to the | ||
first
date for filing of petitions for election as delegate or | ||
alternate delegate
to a national nominating convention, which | ||
of the following alternatives
it wishes to be utilized in | ||
allocating the delegates and alternate delegates
to which | ||
Illinois will be entitled at its national nominating | ||
convention.
The State Board of Elections shall meet promptly | ||
and, not less than 20 days
prior to the first date for filing | ||
of such petitions, shall publish and
certify to the county | ||
clerk in each county the number of delegates or alternate
| ||
delegates to be elected from each congressional district or | ||
from the State
at large or State convention of a political |
party, as the case may be,
according to the method chosen by | ||
each State central committee. If
a State central committee | ||
fails to certify to the State Board of
Elections its choice of | ||
one of the following methods prior to the
aforementioned | ||
meeting of the State Board of Elections, the State Board
of | ||
Elections shall certify delegates for that political party | ||
pursuant
to whichever of the alternatives below was used by | ||
that political party
pursuant to whichever of the alternatives | ||
below was used by that
political party in the most recent year | ||
in which delegates were
selected, subject to any subsequent | ||
amendments.
| ||
Prior to the aforementioned meeting of the State Board of | ||
Elections at
which the Board shall publish and certify to the | ||
county clerk the number
of delegates or alternate delegates to | ||
be elected from each congressional
district or the State at | ||
large or State convention, the Secretary of State
shall | ||
ascertain from the call of the national convention of each | ||
political
party the number of delegates and alternate delegates | ||
to which Illinois
will be entitled at the respective national | ||
nominating conventions. The
Secretary of State shall report the | ||
number
of delegates and alternate delegates to which Illinois | ||
will be entitled
at the respective national nominating | ||
conventions to the State Board of
Elections convened as | ||
aforesaid to be utilized by the State Board of
Elections in | ||
calculating the number of delegates and alternates to be
| ||
elected from each congressional district in the State at large |
or State
convention, as the case may be.
| ||
Alternative A: The State Board of Elections shall allocate | ||
the number of
delegates and alternate delegates to which the | ||
State is entitled among the
congressional districts in the | ||
State.
| ||
1. Of the number of delegates to which the State is | ||
entitled, 10, plus
those remaining unallocated under paragraph | ||
2, shall be delegates at large.
The State central committee of | ||
the appropriate political party shall determine
whether the | ||
delegates at large shall be (a) elected in the primary from
the | ||
State at large, (b) selected by the State convention, or (c) | ||
chosen
by a combination of these 2 methods. If the State | ||
central committee determines
that all or a specified number of | ||
the delegates at large shall be elected
in the primary, the | ||
committee shall file with the Board a report of such
| ||
determination at the same time it certifies the alternative it | ||
wishes to
use in allocating its delegates.
| ||
2. All delegates other than the delegates at large shall be | ||
elected from
the congressional districts. Two delegates shall | ||
be allocated from this
number to each district. After reserving | ||
10 delegates to be delegates at
large and allocating 2 | ||
delegates to each district, the Board shall allocate
the | ||
remaining delegates to the congressional districts pursuant to | ||
the
following formula:
| ||
(a) For each district, the number of remaining | ||
delegates shall be multiplied
by a fraction, the numerator |
of which is the vote cast in the congressional
district for | ||
the party's nominee in the last Presidential election, and
| ||
the denominator of which is the vote cast in the State for | ||
the party's nominee
in the last Presidential election.
| ||
(b) The Board shall first allocate to each district a | ||
number of delegates
equal to the whole number in the | ||
product resulting from the multiplication
procedure in | ||
subparagraph (a).
| ||
(c) The Board shall then allocate any remaining | ||
delegates, one to each
district, in the order of the | ||
largest fractional remainder in the product
resulting from | ||
the multiplication procedure in subparagraph (a), omitting
| ||
those districts for which that product is less than 1.875.
| ||
(d) The Board shall then allocate any remaining | ||
delegates, one to each
district, in the order of the | ||
largest fractional remainder in the product
resulting from | ||
the multiplication procedure in subparagraph (a), among | ||
those
districts for which that product is at least one but | ||
less than 1.875.
| ||
(e) Any delegates remaining unallocated shall be | ||
delegates at large and
shall be selected as determined by | ||
the State central committee under paragraph
1 of this | ||
Alternative A.
| ||
3. The alternate delegates at large shall be allocated in | ||
the same manner
as the delegates at large. The alternate | ||
delegates other than the alternate
delegates at large shall be |
allocated in the same manner as the delegates
other than the | ||
delegates at large.
| ||
Alternative B: the chair chairman of the State central | ||
committee shall file
with the State Board of Elections a | ||
statement of the number of delegates
and alternate delegates to | ||
which the State is entitled and the number of
such delegates | ||
and alternate delegates to be elected from congressional
| ||
districts. The State Board of Elections shall allocate such | ||
number of
delegates and alternate delegates, as the case may | ||
be, among the
congressional districts in the State for election | ||
from the congressional districts.
| ||
The Board shall utilize the sum of 1/3 of each of the | ||
following formulae
to determine the number of delegates and | ||
alternate delegates, as the case
may be, to be elected from | ||
each congressional district:
| ||
(1) Formula 1 shall be determined by multiplying paragraphs | ||
(a), (b), and (c)
together as follows:
| ||
(a) The fraction derived by dividing the population of | ||
the district by
the population of the State and adding to | ||
that fraction the following: 1/2
of the fraction calculated | ||
by dividing the total district vote for the party's
| ||
candidate in the most recent presidential election by the | ||
total statewide
vote for that candidate in that election, | ||
plus 1/2 of the fraction calculated
by dividing the total | ||
district vote for the party's candidate in the second
most | ||
recent Presidential election by the total statewide vote |
for that
candidate in that election;
| ||
(b) 1/2;
| ||
(c) The number of delegates or alternate delegates, as | ||
the case may be,
to which the State is entitled at the | ||
party's national nominating convention.
| ||
(2) Formula 2 shall be determined by multiplying paragraphs | ||
(a), (b), and (c)
together as follows:
| ||
(a) The fraction calculated by dividing the total | ||
numbers of votes in
the district for the party's candidate | ||
in the most recent Gubernatorial
election by the total | ||
statewide vote for that candidate in that election,
plus, | ||
the fraction calculated by dividing the total district vote | ||
for the
party's candidate in the most recent presidential | ||
election by the total
statewide vote for that candidate in | ||
that election;
| ||
(b) 1/2;
| ||
(c) The number of delegates or alternate delegates, as | ||
the case may be,
to which the State is entitled at the | ||
party's national nominating convention.
| ||
(3) Formula 3 shall be determined by multiplying paragraphs | ||
(a), (b), and (c)
together as follows:
| ||
(a) 1/2 of the fraction calculated by dividing the | ||
total district vote
for the party's candidate in the most | ||
recent presidential election by the
total statewide vote | ||
for that candidate in that election, plus 1/2 of the
| ||
fraction calculated by dividing the total district vote for |
the party's
candidate in the second most recent | ||
presidential election by the total
statewide vote for that | ||
candidate in that election. This sum shall be
added to the | ||
fraction calculated by dividing the total voter | ||
registration
of the party in the district by the total | ||
voter registration of the party
in the State as of January | ||
1 of the year prior to the year in which the
national | ||
nominating convention is held;
| ||
(b) 1/2;
| ||
(c) The number of delegates or alternate delegates, as | ||
the case may be,
to which the State is entitled at the | ||
party's national nominating convention.
| ||
Fractional numbers of delegates and alternate delegates | ||
shall be rounded
upward in rank order to the next whole number, | ||
largest fraction first, until
the total number of delegates and | ||
alternate delegates, respectively, to
be so chosen have been | ||
allocated.
| ||
The remainder of the delegates and alternate delegates | ||
shall be selected
as determined by the State central committee | ||
of the party and shall be
certified to the State Board of | ||
Elections by the chair chairman of the State central
committee.
| ||
Notwithstanding anything to the contrary contained herein, | ||
with
respect to all aspects of the selection of delegates and | ||
alternate delegates
to a national nominating convention under | ||
Alternative B, this Code shall be superseded
by the delegate | ||
selection rules and policies of the
national political party |
including, but not limited to, the development of
an | ||
affirmative action plan.
| ||
(Source: P.A. 96-1000, eff. 7-2-10.)
| ||
(10 ILCS 5/7-17) (from Ch. 46, par. 7-17)
| ||
Sec. 7-17. Candidate ballot name procedures.
| ||
(a) Each election authority in each county shall cause to | ||
be
printed upon the general primary ballot of each party for | ||
each precinct
in his jurisdiction the name of each candidate | ||
whose petition for
nomination or for committeeperson | ||
committeeman has been filed in the office of the
county clerk, | ||
as herein provided; and also the name of each candidate
whose | ||
name has been certified to his office by the State Board of
| ||
Elections, and in the order so certified, except as hereinafter
| ||
provided.
| ||
It shall be the duty of the election authority to cause to | ||
be printed
upon the consolidated primary ballot of each | ||
political party for each
precinct in his jurisdiction the name | ||
of each candidate whose name has
been certified to him, as | ||
herein provided and which is to be voted for
in such precinct.
| ||
(b) In the designation of the name of a candidate on the | ||
primary ballot
the candidate's given name or names, initial or | ||
initials, a nickname by
which the candidate is commonly known, | ||
or a combination thereof, may be
used in addition to the | ||
candidate's surname. If a candidate has changed his or her | ||
name, whether by a statutory or common law procedure in |
Illinois or any other jurisdiction, within 3 years before the | ||
last day for filing the petition for nomination, nomination | ||
papers, or certificate of nomination for that office, whichever | ||
is applicable, then (i) the candidate's name on the primary | ||
ballot must be followed by "formerly known as (list all prior | ||
names during the 3-year period) until name changed on (list | ||
date of each such name change)" and (ii) the petition, papers, | ||
or certificate must be accompanied by the candidate's affidavit | ||
stating the candidate's previous names during the period | ||
specified in (i) and the date or dates each of those names was | ||
changed; failure to meet these requirements shall be grounds | ||
for denying certification of the candidate's name for the | ||
ballot or removing the candidate's name from the ballot, as | ||
appropriate, but these requirements do not apply to name | ||
changes resulting from adoption to assume an adoptive parent's | ||
or parents' surname, marriage to assume a spouse's surname, or | ||
dissolution of marriage or declaration of invalidity of | ||
marriage to assume a former surname. No other designation such
| ||
as a political slogan, title, or degree, or nickname suggesting | ||
or
implying possession of
a title, degree or professional | ||
status, or similar information may be
used in connection
with | ||
the candidate's surname.
For purposes of this Section, a | ||
"political slogan" is defined as any
word
or words expressing | ||
or connoting a position, opinion, or belief that the
candidate | ||
may espouse, including but not limited to, any word or words
| ||
conveying any meaning other than that of the personal identity |
of the
candidate. A
candidate may not use a political slogan as | ||
part of his or her name on the
ballot, notwithstanding that the | ||
political slogan may be part of the
candidate's name.
| ||
(c) The State Board of Elections, a local election | ||
official, or an election
authority shall remove any candidate's | ||
name designation from a ballot that is
inconsistent with | ||
subsection (b) of this Section. In addition, the State Board
of | ||
Elections, a local election official, or an election authority | ||
shall not
certify to any election authority any candidate name | ||
designation that is
inconsistent with subsection (b) of this | ||
Section.
| ||
(d) If the State Board of Elections, a local election | ||
official, or an
election authority removes a candidate's name | ||
designation from a ballot
under subsection (c) of this Section, | ||
then the aggrieved candidate may
seek appropriate relief in | ||
circuit court.
| ||
(Source: P.A. 93-574, eff. 8-21-03; 94-1090, eff. 6-1-07 .)
| ||
(10 ILCS 5/7-19) (from Ch. 46, par. 7-19)
| ||
Sec. 7-19. The primary ballot of each political party for | ||
each precinct shall be
arranged and printed substantially in | ||
the manner following:
| ||
1. Designating words. At the top of the ballot shall be | ||
printed in
large capital letters, words designating the ballot, | ||
if a Republican
ballot, the designating words shall be: | ||
"REPUBLICAN PRIMARY BALLOT"; if
a Democratic ballot the |
designating words shall be: "DEMOCRATIC PRIMARY
BALLOT"; and in | ||
like manner for each political party.
| ||
2. Order of Names, Directions to Voters, etc. Beginning not | ||
less
than one inch below designating words, the name of each | ||
office to be
filled shall be printed in capital letters. Such | ||
names may be printed on
the ballot either in a single column or | ||
in 2 or more columns and in the
following order, to-wit:
| ||
President of the United States, State offices, | ||
congressional offices,
delegates and alternate delegates to be | ||
elected from the State at large
to National nominating | ||
conventions, delegates and alternate delegates to
be elected | ||
from congressional districts to National nominating
| ||
conventions, member or members of the State central committee, | ||
trustees of sanitary
districts, county offices, judicial | ||
officers, city, village and
incorporated town offices, town | ||
offices, or of such of the said offices
as candidates are to be | ||
nominated for at such primary, and precinct,
township or ward | ||
committeepersons committeemen . If two or more columns are used, | ||
the
foregoing offices to and including member of the State | ||
central committee
shall be listed in the left-hand column and | ||
Senatorial offices, as
defined in Section 8-3, shall be the
| ||
first offices listed in the second column.
| ||
Below the name of each office shall be printed in small | ||
letters the
directions to voters: "Vote for one"; "Vote for not | ||
more than two"; "Vote for not more than three". If no candidate | ||
or candidates file for an office and if no person or persons |
file a declaration as a write-in candidate for that office, | ||
then below the title of that office the election authority | ||
instead shall print "No Candidate".
| ||
Next to the name of each candidate for delegate or | ||
alternate delegate
to a national nominating convention shall | ||
appear either (a)
the name of the
candidate's preference for | ||
President of the United States or the word
"uncommitted" or (b) | ||
no official designation, depending upon the action
taken by the | ||
State central committee pursuant to Section 7-10.3 of this Act.
| ||
Below the name of each office shall be printed in capital | ||
letters the
names of all candidates, arranged in the order in | ||
which their petitions
for nominations were filed, except as | ||
otherwise provided in Sections
7-14 and 7-17 of this Article. | ||
Opposite and in front of the name of each
candidate shall be | ||
printed a square and all squares upon the primary
ballot shall | ||
be of uniform size. The names of each team of candidates for | ||
Governor and Lieutenant Governor, however, shall be printed | ||
within a bracket, and a single square shall be printed in front | ||
of the bracket. Spaces between the names of candidates
under | ||
each office shall be uniform and sufficient spaces shall | ||
separate
the names of candidates for one office from the names | ||
of candidates for
another office, to avoid confusion and to | ||
permit the writing in of the
names of other candidates.
| ||
Where voting machines or electronic voting systems are | ||
used, the
provisions of this Section may be modified as | ||
required or authorized by
Article 24 or Article 24A, whichever |
is applicable.
| ||
(Source: P.A. 95-862, eff. 8-19-08; 96-1018, eff. 1-1-11.)
| ||
(10 ILCS 5/7-25) (from Ch. 46, par. 7-25)
| ||
Sec. 7-25.
The tally sheets for each political party | ||
participating in the
primary election shall be substantially in | ||
the following form:
| ||
"Tally sheet for ....(name of political party) for the .... | ||
precinct, in
the county of .... for a primary held on the .... | ||
day of .... A.D. ....."
| ||
The names of candidates for nomination and for State | ||
central committeepersons
committeemen , township, and precinct | ||
and ward committeepersons committeemen , and delegates
and | ||
alternate delegates to National nominating conventions, shall | ||
be placed
on the tally sheets of each political party by the | ||
primary judges, in the
order in which they appear on the | ||
ballot.
| ||
(Source: Laws 1957, p. 1450.)
| ||
(10 ILCS 5/7-34) (from Ch. 46, par. 7-34)
| ||
Sec. 7-34. Pollwatchers in a primary election shall be | ||
authorized in
the following manner:
| ||
(1) Each established political party shall be entitled to | ||
appoint
one pollwatcher per precinct. Such pollwatchers must be | ||
affiliated with
the political party for which they are | ||
pollwatching and must be a registered
voter in Illinois.
|
(2) Each candidate shall be entitled to appoint two | ||
pollwatchers per
precinct. For Federal, State, county, | ||
township, and municipal primary elections, the
pollwatchers | ||
must be registered to vote in Illinois.
| ||
(3) Each organization of citizens within the county or | ||
political
subdivision, which has among its purposes or | ||
interests the investigation
or prosecution of election frauds, | ||
and which shall have registered its
name and address and the | ||
names and addresses of its principal officers
with the proper | ||
election authority at least 40 days before the primary
| ||
election, shall be entitled to appoint one pollwatcher per | ||
precinct.
For all primary elections, the pollwatcher must be | ||
registered to vote in
Illinois.
| ||
(3.5) Each State nonpartisan civic organization within the | ||
county or political subdivision shall be entitled to appoint | ||
one pollwatcher per precinct, provided that no more than 2 | ||
pollwatchers appointed by State nonpartisan civic | ||
organizations shall be present in a precinct polling place at | ||
the same time. Each organization shall have registered the | ||
names and addresses of its principal officers with the proper | ||
election authority at least 40 days before the primary | ||
election. The pollwatchers must be registered to vote in | ||
Illinois. For the purpose of this paragraph, a "State | ||
nonpartisan civic organization" means any corporation, | ||
unincorporated association, or organization that: | ||
(i) as part of its written articles of incorporation, |
bylaws, or charter or by separate written declaration, has | ||
among its stated purposes the provision of voter | ||
information and education, the protection of individual | ||
voters' rights, and the promotion of free and equal | ||
elections; | ||
(ii) is organized or primarily conducts its activities | ||
within the State of Illinois; and | ||
(iii) continuously maintains an office or business | ||
location within the State of Illinois, together with a | ||
current listed telephone number (a post office box number | ||
without a current listed telephone number is not | ||
sufficient).
| ||
(4) Each organized group of proponents or opponents of a | ||
ballot
proposition, which shall have registered the name and | ||
address of its
organization or committee and the name and | ||
address of its chair chairman with
the proper election | ||
authority at least 40 days before the primary
election, shall | ||
be entitled to appoint one pollwatcher per precinct. The
| ||
pollwatcher must be registered to vote in Illinois.
| ||
(5) In any primary election held to nominate candidates for | ||
the offices
of a municipality of less than 3,000,000 population | ||
that is situated in
2 or more counties, a pollwatcher who is a | ||
resident of a county in which
any part of the municipality is
| ||
situated shall be eligible to serve as a pollwatcher in any | ||
polling place
located within such municipality, provided that | ||
such pollwatcher otherwise
complies with the respective |
requirements of subsections (1) through (4)
of this Section and | ||
is a registered voter whose residence is within
Illinois.
| ||
All pollwatchers shall be required to have proper | ||
credentials. Such
credentials shall be printed in sufficient | ||
quantities, shall be issued
by and under the facsimile | ||
signature(s) of the election authority and
shall be available | ||
for distribution at least 2 weeks prior to the
election. Such | ||
credentials shall be authorized by the real or facsimile
| ||
signature of the State or local party official or the candidate | ||
or the
presiding officer of the civic organization or the chair | ||
chairman of the
proponent or opponent group, as the case may | ||
be.
| ||
Pollwatcher credentials shall be in substantially the | ||
following form:
| ||
POLLWATCHER CREDENTIALS
| ||
TO THE JUDGES OF ELECTION:
| ||
In accordance with the provisions of the Election Code,
the | ||
undersigned hereby appoints ........... (name of pollwatcher)
| ||
at .......... (address) in the county of ...........,
| ||
.......... (township or municipality) of ........... (name), | ||
State of Illinois
and who is duly registered to vote from this | ||
address,
to act as a pollwatcher in the ........... precinct of | ||
the
.......... ward (if applicable) of the ...........
| ||
(township or municipality) of ........... at the
........... | ||
election to be held on (insert date).
|
........................ (Signature of Appointing Authority)
| ||
........................ TITLE (party official, candidate,
| ||
civic organization president,
| ||
proponent or opponent group | ||
chair chairman )
| ||
Under penalties provided by law pursuant to Section 29-10 | ||
of the
Election Code, the undersigned pollwatcher certifies | ||
that he or she resides
at .............. (address) in the | ||
county of ........., ......... (township
or municipality) of | ||
.......... (name), State of Illinois, and is duly
registered to | ||
vote in Illinois.
| ||
........................... ..........................
| ||
(Precinct and/or Ward in (Signature of Pollwatcher)
| ||
Which Pollwatcher Resides)
| ||
Pollwatchers must present their credentials to the Judges | ||
of Election
upon entering the polling place. Pollwatcher | ||
credentials properly
executed and signed shall be proof of the | ||
qualifications of the
pollwatcher authorized thereby. Such | ||
credentials are retained by the
Judges and returned to the | ||
Election Authority at the end of the day of election
with the | ||
other election materials. Once a pollwatcher has surrendered a
| ||
valid credential, he may leave and reenter the polling place | ||
provided
that such continuing action does not disrupt the | ||
conduct of the election.
Pollwatchers may be substituted during | ||
the course of the day, but established
political parties, |
candidates, qualified civic organizations and proponents
and | ||
opponents of a ballot proposition can have only as many | ||
pollwatchers
at any given time as are authorized in this | ||
Article. A substitute must
present his signed credential to the | ||
judges of election upon entering the
polling place. Election | ||
authorities must provide a sufficient number of
credentials to | ||
allow for substitution of pollwatchers.
After the polls have | ||
closed, pollwatchers shall be allowed to
remain until the | ||
canvass of votes is completed; but may leave and
reenter only | ||
in cases of necessity, provided that such action is not so
| ||
continuous as to disrupt the canvass of votes.
| ||
Candidates seeking office in a district or municipality | ||
encompassing 2
or more counties shall be admitted to any and | ||
all polling places throughout
such district or municipality | ||
without regard to the counties in which such
candidates are | ||
registered to vote. Actions of such candidates shall be
| ||
governed in each polling place by the same privileges and | ||
limitations that
apply to pollwatchers as provided in this | ||
Section. Any such candidate who
engages in an activity in a | ||
polling place which could reasonably be
construed by a majority | ||
of the judges of election as campaign activity
shall be removed | ||
forthwith from such polling place.
| ||
Candidates seeking office in a district or municipality | ||
encompassing 2 or
more counties who desire to be admitted to | ||
polling places on election day
in such district or municipality | ||
shall be required to have proper
credentials. Such credentials |
shall be printed in sufficient quantities,
shall be issued by | ||
and under the facsimile signature of the
election authority of | ||
the election jurisdiction where the polling place in
which the | ||
candidate seeks admittance is located, and shall be available | ||
for
distribution at least 2 weeks prior to the election. Such | ||
credentials shall
be signed by the candidate.
| ||
Candidate credentials shall be in substantially the | ||
following form:
| ||
CANDIDATE CREDENTIALS
| ||
TO THE JUDGES OF ELECTION:
| ||
In accordance with the provisions of the Election Code, I | ||
...... (name of
candidate) hereby certify that I am a candidate | ||
for ....... (name of
office) and seek admittance to ....... | ||
precinct of the ....... ward (if
applicable) of the ....... | ||
(township or municipality) of ....... at the
....... election | ||
to be held on (insert date).
| ||
......................... .......................
| ||
(Signature of Candidate) OFFICE FOR WHICH
| ||
CANDIDATE SEEKS
| ||
NOMINATION OR
| ||
ELECTION
| ||
Pollwatchers shall be permitted to observe all proceedings | ||
and view all reasonably requested records relating
to the | ||
conduct of the election, provided the secrecy of the ballot is |
not impinged, and to station themselves in a position
in the | ||
voting room as will enable them to observe the judges making | ||
the
signature comparison between the voter application and the | ||
voter
registration record card; provided, however, that such | ||
pollwatchers
shall not be permitted to station themselves in | ||
such close proximity to
the judges of election so as to | ||
interfere with the orderly conduct of
the election and shall | ||
not, in any event, be permitted to handle
election materials. | ||
Pollwatchers may challenge for cause the voting
qualifications | ||
of a person offering to vote and may call to the
attention of | ||
the judges of election any incorrect procedure or apparent
| ||
violations of this Code.
| ||
If a majority of the judges of election determine that the | ||
polling
place has become too overcrowded with pollwatchers so | ||
as to interfere
with the orderly conduct of the election, the | ||
judges shall, by lot,
limit such pollwatchers to a reasonable | ||
number, except that each
candidate and each established or new | ||
political party shall be permitted
to have at least one | ||
pollwatcher present.
| ||
Representatives of an election authority, with regard to an | ||
election
under its jurisdiction, the State Board of Elections, | ||
and law
enforcement agencies, including but not limited to a | ||
United States
Attorney, a State's attorney, the Attorney | ||
General, and a State, county,
or local police department, in | ||
the performance of their official
election duties, shall be | ||
permitted at all times to enter and remain in
the polling |
place. Upon entering the polling place, such
representatives | ||
shall display their official credentials or other
| ||
identification to the judges of election.
| ||
Uniformed police officers assigned to polling place duty | ||
shall follow
all lawful instructions of the judges of election.
| ||
The provisions of this Section shall also apply to | ||
supervised casting of vote by mail
ballots as provided in | ||
Section 19-12.2 of this Act.
| ||
(Source: P.A. 98-1171, eff. 6-1-15 .)
| ||
(10 ILCS 5/7-46) (from Ch. 46, par. 7-46)
| ||
Sec. 7-46.
On receiving from the primary judges a primary | ||
ballot of his
party, the primary elector shall forthwith and | ||
without leaving the polling
place, retire alone to one of the | ||
voting booths and prepare such primary
ballot by marking a | ||
cross (X) in the square in front of and opposite the
name of | ||
each candidate of his choice for each office to be filled, and | ||
for
delegates and alternate delegates to national nominating | ||
conventions, and
for committeepersons committeemen , if | ||
committeepersons committeemen are being elected at such | ||
primary. A cross (X) in the square in front of the bracket | ||
enclosing the names of a team of candidates for Governor and | ||
Lieutenant Governor counts as one vote for each of those | ||
candidates.
| ||
Any primary elector may, instead of voting for any | ||
candidate for
nomination or for committeeperson committeeman |
or for delegate or alternate delegate to
national nominating | ||
conventions, whose name is printed on the primary
ballot, write | ||
in the name of any other person affiliated with such party as
a | ||
candidate for the nomination for any office, or for | ||
committeeperson committeeman , or for
delegates or alternate | ||
delegates to national nominating conventions, and
indicate his | ||
choice of such candidate or committeeperson committeeman or | ||
delegate or
alternate delegate, by placing to the left of and | ||
opposite the name thus
written a square and placing in the | ||
square a cross (X). A primary elector, however, may not by this | ||
method vote separately for Governor and Lieutenant Governor but | ||
must write in the names of candidates of his or her choice for | ||
both offices and indicate his or her choice of those names by | ||
placing a single square to the left of those names and placing | ||
in that square a cross (X).
| ||
Where voting machines or electronic voting systems are | ||
used, the
provisions of this section may be modified as | ||
required or authorized by
Article 24 or Article 24A, whichever | ||
is applicable.
| ||
(Source: P.A. 96-1018, eff. 1-1-11.)
| ||
(10 ILCS 5/7-51) (from Ch. 46, par. 7-51)
| ||
Sec. 7-51.
If the primary elector marks more names upon the | ||
primary
ballot than there are persons to be nominated as | ||
candidates for an
office, or for State central committeepersons | ||
committeemen , or precinct committeepersons committeemen , or
|
township committeepersons committeemen , or ward | ||
committeepersons committeemen , or delegates or alternate
| ||
delegates to National nominating conventions, or if for any | ||
reason it is
impossible to determine the primary elector's | ||
choice of a candidate for
the nomination for an office, or | ||
committeeperson committeeman , or delegate, his primary
ballot | ||
shall not be counted for the nomination for such office or | ||
committeeperson
committeeman .
| ||
No primary ballot, without the endorsement of the judge's | ||
initials
thereon, shall be counted.
| ||
No judge shall omit to endorse his initials on a primary | ||
ballot, as
required by this Article, nor shall any person not | ||
authorized so to do
initial a primary ballot knowing that he is | ||
not so authorized.
| ||
Primary ballots not counted shall be marked "defective" on | ||
the back
thereof; and primary ballots to which objections have | ||
been made by
either of the primary judges or challengers shall | ||
be marked "objected
to" on the back thereof; and a memorandum, | ||
signed by the primary judges,
stating how it was counted, shall | ||
be written on the back of each primary
ballot so marked; and | ||
all primary ballots marked "defective" or
"objected to" shall | ||
be enclosed in an envelope and securely sealed, and
so marked | ||
and endorsed as to clearly disclose its contents. The envelope
| ||
to be used for enclosing ballots marked "defective" or | ||
"objected to"
shall bear upon its face, in not less than 1 1/2 | ||
inch type, the legend:
"This envelope is for use after 6:00 |
P.M. only." The envelope to be used
for enclosing ballots | ||
spoiled by voters while attempting to vote shall
bear upon its | ||
face, in not less than 1 1/2 inch type, the legend: "This
| ||
envelope is for use before 6:00 P.M. only."
| ||
All primary ballots not voted, and all that have been | ||
spoiled by
voters while attempting to vote, shall be returned | ||
to the proper election authority
by the primary judges, and a | ||
receipt taken therefor, and shall be
preserved 2 months. Such | ||
official shall keep a record of the number of
primary ballots | ||
delivered for each polling place, and he or they shall
also | ||
enter upon such record the number and character of primary | ||
ballots
returned, with the time when and the persons by whom | ||
they are returned.
| ||
(Source: P.A. 80-1469.)
| ||
(10 ILCS 5/7-53) (from Ch. 46, par. 7-53)
| ||
Sec. 7-53.
As soon as the ballots of a political party | ||
shall have
been read and the votes of the political party | ||
counted, as provided in
the last above section, the 3 judges in | ||
charge of the tally sheets shall
foot up the tally sheets so as | ||
to show the total number of votes cast
for each candidate of | ||
the political party and for each candidate for
State Central | ||
committeeperson committeeman and precinct committeeperson | ||
committeeman , township committeeperson
committeeman or ward | ||
committeeperson committeeman , and delegate and alternate | ||
delegate
to National nominating conventions, and certify the |
same to be correct.
Thereupon, the primary judges shall set | |||||||||||||||||||||||
down in a certificate of results
on the tally sheet, under the | |||||||||||||||||||||||
name of the political party, the name of
each candidate voted | |||||||||||||||||||||||
for upon the primary ballot, written at full
length, the name | |||||||||||||||||||||||
of the office for which he is a candidate for
nomination or for | |||||||||||||||||||||||
committeeperson committeeman , or delegate or alternate | |||||||||||||||||||||||
delegate to
National nominating conventions, the total number | |||||||||||||||||||||||
of votes which the
candidate received, and they shall also set | |||||||||||||||||||||||
down the total number of
ballots voted by the primary electors | |||||||||||||||||||||||
of the political party in the
precinct. The certificate of | |||||||||||||||||||||||
results shall be made substantially in the
following form:
| |||||||||||||||||||||||
................ Party
| |||||||||||||||||||||||
At the primary election held in the .... precinct of the | |||||||||||||||||||||||
(1) *township of
...., or (2) *City of ...., or (3) *.... ward | |||||||||||||||||||||||
in the city of .... on (insert
date), the primary electors of | |||||||||||||||||||||||
the ....
party voted .... ballots, and the respective | |||||||||||||||||||||||
candidates whose names were
written or printed on the primary | |||||||||||||||||||||||
ballot of the .... party, received
respectively the following | |||||||||||||||||||||||
votes:
| |||||||||||||||||||||||
|
| ||||||||
*Fill in either (1), (2) or (3).
| ||||||||
And so on for each candidate.
| ||||||||
We hereby certify the above and foregoing to be true and | ||||||||
correct.
| ||||||||
Dated (insert date).
| ||||||||
...................................
| ||||||||
Name Address
| ||||||||
...................................
| ||||||||
Name Address
| ||||||||
...................................
| ||||||||
Name Address
| ||||||||
...................................
| ||||||||
Name Address
| ||||||||
...................................
| ||||||||
Name Address
| ||||||||
Judges of Primary
| ||||||||
Where voting machines or electronic voting systems are | ||||||||
used, the
provisions of this Section may be modified as | ||||||||
required or authorized by
Article 24 and Article 24A, whichever | ||||||||
is applicable.
| ||||||||
(Source: P.A. 96-1018, eff. 1-1-11 .)
| ||||||||
(10 ILCS 5/7-55) (from Ch. 46, par. 7-55)
|
Sec. 7-55.
The primary poll books or the official poll | ||
record, and the
tally sheets with the certificates of the | ||
primary judges written thereon,
together with the envelopes | ||
containing the ballots, including the envelope
containing the | ||
ballots marked "defective" or "objected to", shall be
carefully | ||
enveloped and sealed up together, properly endorsed, and the
| ||
primary judges shall elect 2 judges (one from each of the major | ||
political
parties), who shall immediately deliver the same to | ||
the clerk from whom the
primary ballots were obtained, which | ||
clerk shall safely keep the same for 2
months, and thereafter | ||
shall safely keep the poll books until the next
primary. Each | ||
election authority shall keep the office of the election
| ||
authority, or any receiving stations designated by such | ||
authority, open
for at least 12 consecutive hours after the | ||
polls close,
or until the judges of each precinct under the | ||
jurisdiction of the election
authority have delivered to the | ||
election authority all the above materials
sealed up together | ||
and properly endorsed as provided herein. Materials
delivered | ||
to the election authority which are not in the condition | ||
required
by this Section shall not be accepted by the election | ||
authority until the
judges delivering the same make and sign | ||
the necessary corrections. Upon
acceptance of the materials by | ||
the election authority, the judges delivering
the same shall | ||
take a receipt signed by the election authority and stamped
| ||
with the time and date of
such delivery. The election judges | ||
whose duty it is to deliver any materials
as above provided |
shall, in the event such materials cannot be found when
needed, | ||
on proper request, produce the receipt which they are to take | ||
as
above provided.
| ||
The county clerk or board of election commissioners shall | ||
deliver a copy
of each tally sheet to the county chairmen of | ||
the two largest political
parties.
| ||
Where voting machines or electronic voting systems are | ||
used, the
provisions of this section may be modified as | ||
required or authorized by
Article 24 and Article 24A, whichever | ||
is applicable.
| ||
(Source: P.A. 83-764.)
| ||
(10 ILCS 5/7-56) (from Ch. 46, par. 7-56)
| ||
Sec. 7-56. As soon as complete returns are delivered to the | ||
proper election
authority, the returns shall be canvassed for | ||
all primary elections as follows. The election authority acting | ||
as the canvassing board
pursuant to Section 1-8 of this Code | ||
shall also open
and canvass the returns of a primary. Upon the
| ||
completion of the canvass of the returns by the election | ||
authority,
the election authority shall make a tabulated | ||
statement of the returns
for each political party separately, | ||
stating in appropriate columns and
under proper headings, the | ||
total number of votes cast in said county for
each candidate | ||
for nomination or election by said party, including candidates | ||
for
President of the United States and for State central | ||
committeepersons committeemen , and
for delegates and alternate |
delegates to National nominating
conventions, and for precinct | ||
committeepersons committeemen , township committeepersons | ||
committeemen , and
for ward committeepersons committeemen . | ||
Within 2 days after the completion of said
canvass by the | ||
election authority, the county clerk shall mail to the
State | ||
Board of Elections a certified copy of such tabulated statement | ||
of
returns. The
election authority shall also determine and set | ||
down as to each precinct the
number of ballots voted by the | ||
primary electors of each party at the primary.
| ||
In the case of the nomination or election of candidates for | ||
offices,
including President of the United States and the State | ||
central committeepersons
committeemen , and delegates and | ||
alternate delegates to National
nominating conventions, | ||
certified tabulated statement of returns for
which are filed | ||
with the State Board of Elections, said returns shall be
| ||
canvassed by the election authority. And, provided, further, | ||
that within 5 days after
said returns shall be canvassed by the | ||
said Board, the Board shall cause
to be published in one daily | ||
newspaper of general circulation at the
seat of the State | ||
government in Springfield a certified statement of the
returns | ||
filed in its office, showing the total vote cast in the State
| ||
for each candidate of each political party for President of the | ||
United
States, and showing the total vote for each candidate of | ||
each political
party for President of the United States, cast | ||
in each of the several
congressional districts in the State.
| ||
Within 48 hours of conducting a canvass, as required
by |
this Code, of the consolidated
primary, the election authority | ||
shall deliver
an original certificate of results to each local | ||
election official, with
respect to whose political | ||
subdivisions nominations were made at such primary,
for each | ||
precinct in his jurisdiction in which such nominations were on
| ||
the ballot. Such original certificate of results need not | ||
include any offices
or nominations for any other political | ||
subdivisions.
| ||
(Source: P.A. 94-645, eff. 8-22-05; 94-647, eff. 1-1-06; | ||
95-331, eff. 8-21-07.)
| ||
(10 ILCS 5/7-58) (from Ch. 46, par. 7-58)
| ||
Sec. 7-58. Each county clerk or board of election
| ||
commissioners shall, upon completion of the
canvassing of the | ||
returns, make and transmit to the State Board of
Elections and | ||
to each election authority whose duty it is to print the
| ||
official ballot for the election for which the nomination is | ||
made a
proclamation of the results of the primary. The | ||
proclamation shall state
the name of each candidate of each | ||
political party so
nominated or elected, as shown by the | ||
returns, together with the name of
the office for which he or | ||
she was nominated or elected, including precinct,
township and | ||
ward committeepersons committeemen , and including in the case | ||
of the State
Board of Elections, candidates for State central | ||
committeepersons committeemen , and
delegates and alternate | ||
delegates to National nominating conventions. If
a notice of |
contest is filed, the election authority shall, within one
| ||
business day after receiving a certified copy of the court's | ||
judgment or
order, amend its proclamation accordingly and | ||
proceed to file an amended
proclamation with the appropriate | ||
election authorities and with the State
Board of Elections.
| ||
The State Board of Elections shall issue a certificate of
| ||
election to each of the persons shown by the returns and the
| ||
proclamation thereof to be elected State central | ||
committeepersons committeemen , and
delegates and alternate | ||
delegates to National nomination conventions;
and the county | ||
clerk shall issue a certificate of election to each
person | ||
shown by the returns to be elected precinct, township or ward | ||
committeeperson
committeeman . The certificate issued to such | ||
precinct committeeperson committeeman shall
state the number | ||
of ballots voted in his or her precinct by the primary
electors | ||
of his or her party at the primary at which he or she was | ||
elected. The
certificate issued to such township | ||
committeeperson committeeman shall state the number
of ballots | ||
voted in his or her township or part of a township, as the case | ||
may
be, by the primary electors of his or her party at the | ||
primary at which he or she was
elected. The certificate issued | ||
to such ward committeeperson committeeman shall state
the | ||
number of ballots voted in his or her ward by the primary | ||
electors of his or her
party at the primary at which he or she | ||
was elected.
| ||
(Source: P.A. 94-647, eff. 1-1-06.)
|
(10 ILCS 5/7-59) (from Ch. 46, par. 7-59)
| ||
Sec. 7-59. (a) The person receiving the highest number of | ||
votes at a
primary as a candidate of a party for the nomination | ||
for an office shall
be the candidate of that party for such | ||
office, and his name as such
candidate shall be placed on the | ||
official ballot at the election then
next ensuing; provided, | ||
that where there are two or more persons to be
nominated for | ||
the same office or board, the requisite number of persons
| ||
receiving the highest number of votes shall be nominated and | ||
their names
shall be placed on the official ballot at the | ||
following election.
| ||
Except as otherwise provided by Section 7-8 of this Act, | ||
the
person receiving the highest number of votes of his party | ||
for
State central committeeperson committeeman of his | ||
congressional district shall be
declared elected State central | ||
committeeperson committeeman from said congressional
district.
| ||
Unless a national political party specifies that delegates | ||
and
alternate delegates to a National nominating convention be | ||
allocated by
proportional selection representation according | ||
to the results of a
Presidential preference primary, the | ||
requisite number of persons
receiving the highest number of | ||
votes of their party for delegates and
alternate delegates to | ||
National nominating conventions from the State at
large, and | ||
the requisite number of persons receiving the highest number of
| ||
votes of their party for delegates and alternate delegates to |
National
nominating conventions in their respective | ||
congressional districts shall be
declared elected delegates | ||
and alternate delegates to the National
nominating conventions | ||
of their party.
| ||
A political party which elects the members to its State | ||
Central Committee
by Alternative B under paragraph (a) of | ||
Section 7-8 shall select its
congressional district delegates | ||
and alternate delegates to its national
nominating convention | ||
by proportional selection representation according to
the | ||
results of a Presidential preference primary in each | ||
congressional
district in the manner provided by the rules of | ||
the national political
party and the State Central Committee, | ||
when the rules and policies of the
national political party so | ||
require.
| ||
A political party which elects the members to its State | ||
Central Committee
by Alternative B under paragraph (a) of | ||
Section 7-8 shall select its
at large delegates and alternate | ||
delegates to its national
nominating convention by | ||
proportional selection representation according to
the results | ||
of a Presidential preference primary in the whole State in the
| ||
manner provided by the rules of the national political party | ||
and the State
Central Committee, when the rules and policies of | ||
the national political
party so require.
| ||
The person receiving the highest number of votes of his | ||
party for
precinct committeeperson committeeman of his | ||
precinct shall be declared elected precinct committeeperson
|
committeeman from said precinct.
| ||
The person receiving the highest number of votes of his | ||
party for
township committeeperson committeeman of his | ||
township or part of a township as the case
may be, shall be | ||
declared elected township committeeperson committeeman from | ||
said
township or part of a township as the case may be. In | ||
cities where ward committeepersons
committeemen are elected, | ||
the person receiving the highest number of
votes of his party | ||
for ward committeeperson committeeman of his ward shall be | ||
declared
elected ward committeeperson committeeman from said | ||
ward.
| ||
When two or more persons receive an equal and the highest | ||
number of
votes for the nomination for the same office or for | ||
committeeperson committeeman of the
same political party, or | ||
where more than one person of the same
political party is to be | ||
nominated as a candidate for office or committeeperson
| ||
committeeman , if it appears that more than the number of | ||
persons to be
nominated for an office or elected | ||
committeeperson committeeman have the highest and an
equal | ||
number of votes for the nomination for the same office or for
| ||
election as committeeperson committeeman , the election | ||
authority by which the returns of the primary
are canvassed | ||
shall decide by lot which of said persons shall be
nominated or | ||
elected, as the case may be. In such case the election | ||
authority shall issue notice in writing to such persons of such | ||
tie vote
stating therein the place, the day (which shall not be |
more than 5 days thereafter) and the hour when such nomination | ||
or election shall
be so determined.
| ||
(b) Write-in votes shall be counted only for persons who | ||
have filed
notarized declarations of intent to be write-in | ||
candidates with the proper
election authority or authorities | ||
not later than 61 days prior to
the primary. However, whenever | ||
an objection to a candidate's nominating papers or petitions | ||
for any office is sustained under Section 10-10 after the 61st | ||
day before the election, then write-in votes shall be counted | ||
for that candidate if he or she has filed a notarized | ||
declaration of intent to be a write-in candidate for that | ||
office with the proper election authority or authorities not | ||
later than 7 days prior to the election.
| ||
Forms for the declaration of intent to be a write-in | ||
candidate shall be
supplied by the election authorities. Such | ||
declaration shall specify the
office for which the person seeks | ||
nomination or election as a write-in
candidate.
| ||
The election authority or authorities shall deliver a list | ||
of all persons
who have filed such declarations to the election | ||
judges in the appropriate
precincts prior to the primary.
| ||
(c) (1) Notwithstanding any other provisions of this | ||
Section, where
the number of candidates whose names have been | ||
printed on a party's
ballot for nomination for or election to | ||
an office at a primary is less
than the number of persons the | ||
party is entitled to nominate for or elect
to the office at the | ||
primary, a person whose name was not printed on the
party's |
primary ballot as a candidate for nomination for or election to | ||
the
office, is not nominated for or elected to that office as a | ||
result of a
write-in vote at the primary unless the number of | ||
votes he received equals
or exceeds the number of signatures | ||
required on a petition for nomination
for that office; or | ||
unless the number of votes he receives exceeds the
number of | ||
votes received by at least one of the candidates whose names | ||
were
printed on the primary ballot for nomination for or | ||
election to the same
office.
| ||
(2) Paragraph (1) of this subsection does not apply where | ||
the number
of candidates whose names have been printed on the | ||
party's ballot for
nomination for or election to the office at | ||
the primary equals or exceeds
the number of persons the party | ||
is entitled to nominate for or elect to the
office at the | ||
primary.
| ||
(Source: P.A. 94-647, eff. 1-1-06; 95-699, eff. 11-9-07.)
| ||
(10 ILCS 5/7-60) (from Ch. 46, par. 7-60)
| ||
Sec. 7-60. Not less than 74 days before the date of the | ||
general
election, the State Board of Elections shall certify to | ||
the county clerks
the names of each of the candidates who have | ||
been nominated as shown by the
proclamation of the State Board | ||
of Elections as a canvassing board or who
have been nominated | ||
to fill a vacancy in nomination and direct the election
| ||
authority to place upon the official ballot for the general | ||
election the
names of such candidates in the same manner and in |
the same order as shown
upon the certification, except as | ||
otherwise provided in this Section.
| ||
Not less than 68 days before the date of the general | ||
election, each
county clerk shall certify the names of each of | ||
the candidates for county
offices who have been nominated as | ||
shown by the proclamation of the county
election authority or | ||
who have been nominated to fill a vacancy in nomination
and | ||
declare that the names of such candidates for the respective | ||
offices
shall be placed upon the official ballot for the | ||
general election in the
same manner and in the same order as | ||
shown upon the certification, except
as otherwise provided by | ||
this Section. Each county clerk shall place a
copy of the | ||
certification on file in his or her office and at the same
time | ||
issue to the State Board of Elections a copy of such | ||
certification.
In addition, each county clerk in whose county | ||
there is a board of election
commissioners shall, not less than | ||
68 days before the date of the general
election, issue to such | ||
board a copy of the certification that has been
filed in the | ||
county clerk's office, together with a copy of the
| ||
certification that has been issued to the clerk by the State | ||
Board of
Elections, with directions to the board of election | ||
commissioners to place
upon the official ballot for the general | ||
election in that election
jurisdiction the names of all | ||
candidates that are listed on such
certifications, in the same | ||
manner and in the same order as shown upon such
certifications, | ||
except as otherwise provided in this Section.
|
Whenever there are two or more persons nominated by the | ||
same political
party for multiple offices for any board, the | ||
name of the candidate of such
party receiving the highest | ||
number of votes in the primary election as a
candidate for such | ||
office, as shown by the official election returns of the
| ||
primary, shall be certified first under the name of such | ||
offices, and the
names of the remaining candidates of such | ||
party for such offices shall
follow in the order of the number | ||
of votes received by them respectively at
the primary election | ||
as shown by the official election results.
| ||
No person who is shown by the final
proclamation to have
| ||
been nominated or elected at the primary as a write-in | ||
candidate shall have his or her
name certified unless such | ||
person shall have filed with the certifying
office or board | ||
within 10 days after the election authority's proclamation
a | ||
statement of candidacy pursuant to Section 7-10, a statement | ||
pursuant
to Section 7-10.1, and a receipt for the filing of a | ||
statement of economic interests in relation to the unit of | ||
government to which he or she has been elected or nominated.
| ||
Each county clerk and board of election commissioners shall | ||
determine
by a fair and impartial method of random selection | ||
the order of placement
of established political party | ||
candidates for the general election ballot.
Such determination | ||
shall be made within 30 days following the canvass and | ||
proclamation
of the results of the general primary
in the | ||
office of the county clerk or board of election commissioners |
and
shall be open to the public. Seven days written notice of | ||
the time and place
of conducting such random selection shall be | ||
given, by each such election
authority, to the County Chair | ||
Chairman of each established political party, and
to each | ||
organization of citizens within the election jurisdiction | ||
which
was entitled, under this Article, at the next preceding | ||
election, to have
pollwatchers present on the day of election. | ||
Each election authority shall
post in a conspicuous, open and | ||
public place, at the entrance of the election
authority office, | ||
notice of the time and place of such lottery. However,
a board | ||
of election commissioners may elect to place established | ||
political
party candidates on the general election ballot in | ||
the same order determined
by the county clerk of the county in | ||
which the city under the jurisdiction
of such board is located.
| ||
Each certification shall indicate, where applicable, the | ||
following:
| ||
(1) The political party affiliation of the candidates | ||
for the respective offices;
| ||
(2) If there is to be more than one candidate elected | ||
to an office from
the State, political subdivision or | ||
district;
| ||
(3) If the voter has the right to vote for more than | ||
one candidate for an office;
| ||
(4) The term of office, if a vacancy is to be filled | ||
for less than a
full term or if the offices to be filled in | ||
a political subdivision are for
different terms.
|
The State Board of Elections or the county clerk, as the | ||
case may be,
shall issue an amended certification whenever it | ||
is discovered that the
original certification is in error.
| ||
(Source: P.A. 96-1008, eff. 7-6-10.)
| ||
(10 ILCS 5/7-60.1) (from Ch. 46, par. 7-60.1)
| ||
Sec. 7-60.1. Certification of Candidates - Consolidated | ||
Election.
Each local election official of a political | ||
subdivision in which candidates
for the respective local | ||
offices are nominated at the consolidated primary
shall, no | ||
later than 5 days following the canvass and proclamation of the
| ||
results of the consolidated primary, certify to each election | ||
authority
whose duty it is to prepare the official ballot for | ||
the consolidated
election in that political subdivision the | ||
names of each of the candidates
who have been nominated as | ||
shown by the proclamation of the appropriate election authority | ||
or who have been nominated to fill a vacancy in nomination
and | ||
direct the election authority to place upon the official ballot | ||
for the
consolidated election the names of such candidates in | ||
the same manner and
in the same order as shown upon the | ||
certification, except as otherwise
provided by this Section.
| ||
Whenever there are two or more persons nominated by the | ||
same political
party for multiple offices for any board, the | ||
name of the candidate of such
party receiving the highest | ||
number of votes in the consolidated primary
election as a | ||
candidate for such consolidated primary, shall be certified
|
first under the name of such office, and the names of the | ||
remaining
candidates of such party for such offices shall | ||
follow in the order of the
number of votes received by them | ||
respectively at the consolidated primary
election as shown by | ||
the official election results.
| ||
No person who is shown by the election authority's | ||
proclamation to have
been nominated at the consolidated primary | ||
as a write-in candidate shall
have his or her name certified | ||
unless such person shall have filed with the
certifying office | ||
or board within 5 days after the election authority's
| ||
proclamation a statement of candidacy pursuant to Section 7-10 | ||
and a
statement pursuant to Section 7-10.1.
| ||
Each board of election commissioners of the cities in which | ||
established
political party candidates for city offices are | ||
nominated at the
consolidated primary shall determine by a fair | ||
and impartial method of
random selection the order of placement | ||
of the established political party
candidates for the | ||
consolidated ballot. Such determination shall be made
within 5 | ||
days following the canvass and proclamation of the results of | ||
the
consolidated primary and shall be open to the public. Three | ||
days written
notice of the time and place of conducting such | ||
random selection shall be
given, by each such election | ||
authority, to the County Chair Chairman of each
established | ||
political party, and to each organization of citizens within
| ||
the election jurisdiction which was entitled, under this | ||
Article, at the
next preceding election, to have pollwatchers |
present on the day of
election. Each election authority shall | ||
post in a conspicuous, open and
public place, at the entrance | ||
of the election authority office, notice of
the time and place | ||
of such lottery.
| ||
Each local election official of a political subdivision in | ||
which
established political party candidates for the | ||
respective local offices are
nominated by primary shall | ||
determine by a fair and impartial method of
random selection | ||
the order of placement of the established political party
| ||
candidates for the consolidated election ballot and, in the | ||
case of certain
municipalities having annual elections, on the | ||
general primary ballot for
election. Such determination shall | ||
be made prior to the canvass and
proclamation of results of the | ||
consolidated primary or special municipal
primary, as the case | ||
may be, in the office of the local election official and
shall | ||
be open to the public. Three days written notice of the time | ||
and
place of conducting such random selection shall be given, | ||
by each such
local election official, to the County Chair | ||
Chairman of each established
political party, and to each | ||
organization of citizens within the election
jurisdiction | ||
which was entitled, under this Article, at the next preceding
| ||
election, to have pollwatchers present on the day of election. | ||
Each local
election official shall post in a conspicuous, open | ||
and public place notice of
such lottery. Immediately | ||
thereafter, the local election official shall
certify the | ||
ballot placement order so determined to the proper election
|
authorities charged with the preparation of the consolidated | ||
election, or
general primary,
ballot for that political | ||
subdivision.
| ||
Not less than 68 days before the date of the consolidated | ||
election, each
local election official of a political | ||
subdivision in which established
political party candidates | ||
for the respective local offices have been
nominated by caucus | ||
or have been nominated because no primary was required
to be | ||
held shall certify to each election authority whose duty it is | ||
to
prepare the official ballot for the consolidated election in | ||
that political
subdivision the names of each of the candidates | ||
whose certificates of
nomination or nomination papers have been | ||
filed in his or her office and
direct the election authority to | ||
place upon the official ballot for the
consolidated election | ||
the names of such candidates in the same manner and
in the same | ||
order as shown upon the certification. Such local election
| ||
official shall, prior to certification, determine by a fair and | ||
impartial
method of random selection the order of placement of | ||
the established
political party candidates for the | ||
consolidated election ballot. Such
determination shall be made | ||
in the office of the local election official
and shall be open | ||
to the public. Three days written notice of the time and
place | ||
of conducting such random selection shall be given by each such | ||
local
election official to the county chair chairman of each | ||
established political
party, and to each organization of | ||
citizens within the election
jurisdiction which was entitled, |
under this Article, at the next preceding
election, to have | ||
pollwatchers present on the day of election. Each local
| ||
election official shall post in a conspicuous, open and public | ||
place, at the
entrance of the office, notice of the time and | ||
place of such lottery. The
local election official shall | ||
certify the ballot placement order so
determined as part of his | ||
official certification of candidates to the
election | ||
authorities whose duty it is to prepare the official ballot for
| ||
the consolidated election in that political subdivision.
| ||
The certification shall indicate, where applicable, the | ||
following:
| ||
(1) The political party affiliation of the candidates | ||
for the respective offices;
| ||
(2) If there is to be more than one candidate elected | ||
or nominated to an
office from the State, political | ||
subdivision or district;
| ||
(3) If the voter has the right to vote for more than | ||
one candidate for an office;
| ||
(4) The term of office, if a vacancy is to be filled | ||
for less than a
full term or if the offices to be filled in | ||
a political subdivision or
district are for different | ||
terms.
| ||
The local election official shall issue an amended | ||
certification whenever
it is discovered that the original | ||
certification is in error.
| ||
(Source: P.A. 96-1008, eff. 7-6-10.)
|
(10 ILCS 5/8-5) (from Ch. 46, par. 8-5)
| ||
Sec. 8-5.
There shall be constituted one legislative | ||
committee for each
political party in each legislative district | ||
and one representative committee
for each political party in | ||
each representative district. Legislative and
representative | ||
committees shall be composed as follows:
| ||
In legislative or representative districts within or | ||
including a portion
of any county containing 2,000,000 or more | ||
inhabitants, the legislative
or representative committee of a
| ||
political party shall consist of the committeepersons | ||
committeemen of such party
representing each township or ward | ||
of such county any portion of which
township or ward is | ||
included within such legislative or representative
district | ||
and the chair
chairman of each county central committee of such | ||
party of any county
containing less than 2,000,000 inhabitants | ||
any portion of which county
is included within such legislative | ||
or representative district.
| ||
In the remainder of the State, the legislative or | ||
representative committee
of a political
party shall consist of | ||
the chair chairman of each county central committee of
such | ||
party, any portion of which county is included within such
| ||
legislative or representative district; but if a legislative or | ||
representative
district comprises only one
county, or part of a | ||
county, its legislative or representative committee
shall | ||
consist of
the chair chairman of the county central committee |
and 2 members of the county
central committee who reside in the | ||
legislative or representative district,
as the case may be, | ||
elected by the county central committee.
| ||
Within 180 days after the primary of the even-numbered year | ||
immediately
following the decennial redistricting required by | ||
Section 3 of Article IV
of the Illinois Constitution of 1970, | ||
the ward committeepersons committeemen , township | ||
committeepersons
committeemen or chairmen of county central | ||
committees within each of the
redistricted legislative and | ||
representative districts shall meet and
proceed to organize by | ||
electing from among their own number a chair chairman and,
| ||
either from among their own number or otherwise, such other | ||
officers as
they may deem necessary or expedient. The ward | ||
committeepersons committeemen , township committeepersons
| ||
committeemen or chairmen of county central committees shall | ||
determine the
time and place (which shall be in the limits of | ||
such district) of such
meeting. Immediately upon completion of | ||
organization, the chair chairman shall
forward to the State | ||
Board of Elections the names and addresses of the chair
| ||
chairman and secretary of the committee. A vacancy shall occur | ||
when a
member dies, resigns or ceases to reside in the county, | ||
township or ward
which he represented.
| ||
Within 180 days after the primary of each other | ||
even-numbered year, each
legislative committee and | ||
representative committee shall meet and proceed
to organize by | ||
electing from among its own number a chair chairman , and either
|
from its own number or otherwise, such other officers as each | ||
committee
may deem necessary or expedient. Immediately upon | ||
completion of
organization, the chair chairman shall forward to | ||
the State Board of
Elections, the names and addresses of the | ||
chair chairman and secretary of the
committee. The outgoing | ||
chair chairman of such committee shall notify the
members of | ||
the time and place (which shall be in the limits of such
| ||
district) of such meeting. A vacancy shall occur when a member | ||
dies,
resigns, or ceases to reside in the county, township or | ||
ward, which he
represented.
| ||
If any change is made in the boundaries of any precinct, | ||
township or
ward, the committeeperson committeeman previously | ||
elected therefrom shall continue to
serve, as if no boundary | ||
change had occurred, for the purpose of acting
as a member of a | ||
legislative or representative committee until his successor
is | ||
elected or appointed.
| ||
(Source: P.A. 84-352.)
| ||
(10 ILCS 5/8-6) (from Ch. 46, par. 8-6)
| ||
Sec. 8-6.
In legislative or representative districts | ||
wholly contained
within counties having 2,000,000
or more | ||
inhabitants each member of each legislative or representative
| ||
committee shall in its
organization and proceedings be entitled | ||
to
one vote for each ballot voted in that portion of his | ||
township or ward in
the legislative or representative district | ||
by the primary electors of
his party at the last
primary at |
which members of the General Assembly were nominated. If a | ||
portion
of the legislative or representative district is within | ||
a county containing
2,000,000 or more inhabitants then each | ||
legislative or representative
committee member shall be | ||
entitled to vote as follows: (a) in the portion
of the district | ||
lying within a county of 2,000,000 or more inhabitants,
each | ||
committeeperson committeeman shall be entitled to one vote for | ||
each ballot voted in
that portion of his township or ward in | ||
the legislative or representative
district by primary electors | ||
of his party at the last primary at which
township or ward | ||
committeepersons committeemen were elected; (b) in the portion | ||
of the
district lying outside a county of 2,000,000 or more | ||
inhabitants, each chair
chairman of a county central committee | ||
shall be entitled to one vote for
each ballot voted in that | ||
portion of his county in the legislative or
representative | ||
district by the primary electors of his party at the last
| ||
primary at which members of the General Assembly were | ||
nominated. In the
remainder of the State, each member shall be | ||
entitled to cast one vote for
each ballot voted in that portion | ||
of his county in the legislative or
representative district by | ||
the primary electors of his party at the last
primary at which | ||
members of the General Assembly were nominated. However,
in | ||
counties under 2,000,000 population, if the legislative or
| ||
representative district comprises only one county, or part of a | ||
county,
each legislative or representative committee member | ||
shall be entitled to cast one vote.
|
(Source: P.A. 84-1308.)
| ||
(10 ILCS 5/8-7) (from Ch. 46, par. 8-7)
| ||
Sec. 8-7.
The various political party committees now in | ||
existence are
hereby recognized and shall exercise the powers | ||
and perform the duties
herein prescribed until | ||
committeepersons committeemen are chosen, in accordance with | ||
the
provisions of this article.
| ||
(Source: Laws 1943, vol. 2, p. 1.)
| ||
(10 ILCS 5/9-1.3) (from Ch. 46, par. 9-1.3)
| ||
Sec. 9-1.3.
"Candidate" means any person who seeks | ||
nomination for election,
election to or retention in public | ||
office, or any person who seeks election
as ward or township | ||
committeeperson committeeman in counties of 3,000,000 or more | ||
population,
whether or not such person is elected. A person | ||
seeks nomination for election,
election or retention if he (1) | ||
takes the action necessary under the laws of
this State to | ||
attempt to qualify for nomination for election, election to or
| ||
retention in public office or election as ward or township | ||
committeeperson committeeman in
counties of 3,000,000 or more | ||
population, or (2) receives contributions or
makes | ||
expenditures, or gives consent for any other person to receive
| ||
contributions or make expenditures with a view to bringing | ||
about his
nomination for election or election to or retention | ||
in public
office, or his or her election as ward or township |
committeeperson committeeman in counties
of 3,000,000 or more | ||
population.
| ||
(Source: P.A. 89-405, eff. 11-8-95.)
| ||
(10 ILCS 5/9-1.8)
(from Ch. 46, par. 9-1.8)
| ||
Sec. 9-1.8. Political committees. | ||
(a) "Political committee" includes a candidate political | ||
committee, a political party committee, a political action | ||
committee, a ballot initiative committee, and an independent | ||
expenditure committee. | ||
(b) "Candidate political committee" means the candidate | ||
himself or herself or any natural person, trust, partnership, | ||
corporation, or other organization or group of persons | ||
designated by the candidate that accepts contributions or makes | ||
expenditures during any 12-month period in an aggregate amount | ||
exceeding $5,000 on behalf of the candidate. | ||
(c) "Political party committee" means the State central | ||
committee of a political party, a county central committee of a | ||
political party, a legislative caucus committee, or a committee | ||
formed by a ward or township committeeperson committeeman of a | ||
political party. For purposes of this Article, a "legislative | ||
caucus committee" means a committee established for the purpose | ||
of electing candidates to the General Assembly by the person | ||
elected President of the Senate, Minority Leader of the Senate, | ||
Speaker of the House of Representatives, Minority Leader of the | ||
House of Representatives, or a committee established by 5 or |
more members of the same caucus of the Senate or 10 or more | ||
members of the same caucus of the House of Representatives. | ||
(d) "Political action committee" means any natural person, | ||
trust, partnership, committee, association, corporation, or | ||
other organization or group of persons, other than a candidate, | ||
political party, candidate political committee, or political | ||
party committee, that accepts contributions or makes | ||
expenditures during any 12-month period in an aggregate amount | ||
exceeding $5,000 on behalf of or in opposition to a candidate | ||
or candidates for public office. "Political action committee" | ||
includes any natural person, trust, partnership, committee, | ||
association, corporation, or other organization or group of | ||
persons, other than a candidate, political party, candidate | ||
political committee, or political party committee, that makes | ||
electioneering communications during any 12-month period in an | ||
aggregate amount exceeding $5,000 related to any candidate or | ||
candidates for public office. | ||
(e) "Ballot initiative committee" means any natural | ||
person, trust, partnership, committee, association, | ||
corporation, or other organization or group of persons that | ||
accepts contributions or makes expenditures during any | ||
12-month period in an aggregate amount exceeding $5,000 in | ||
support of or in opposition to any question of public policy to | ||
be submitted to the electors. "Ballot initiative committee" | ||
includes any natural person, trust, partnership, committee, | ||
association, corporation, or other organization or group of |
persons that makes electioneering communications during any | ||
12-month period in an aggregate amount exceeding $5,000 related | ||
to any question of public policy to be submitted to the voters. | ||
The $5,000 threshold applies to any contributions or | ||
expenditures received or made with the purpose of securing a | ||
place on the ballot for, advocating the defeat or passage of, | ||
or engaging in electioneering communication regarding the | ||
question of public policy, regardless of the method of | ||
initiation of the question of public policy and regardless of | ||
whether petitions have been circulated or filed with the | ||
appropriate office or whether the question has been adopted and | ||
certified by the governing body. | ||
(f) "Independent expenditure committee" means any trust, | ||
partnership, committee, association, corporation, or other | ||
organization or group of persons formed for the exclusive
| ||
purpose of making independent expenditures during any 12-month | ||
period in an aggregate amount exceeding $5,000 in support of or | ||
in opposition to (i) the nomination for election, election, | ||
retention, or defeat of any public official or candidate or | ||
(ii) any question of public policy to be submitted to the | ||
electors. "Independent expenditure committee" also includes | ||
any trust, partnership, committee, association, corporation, | ||
or other organization or group of persons that makes | ||
electioneering communications that are not made in connection, | ||
consultation, or concert with or at the request or suggestion | ||
of a public official or candidate, a public official's or |
candidate's designated political committee or campaign, or an | ||
agent or agents of the public official, candidate, or political | ||
committee or campaign during any 12-month period in an | ||
aggregate amount exceeding $5,000 related to (i) the nomination | ||
for election, election, retention, or defeat of any public | ||
official or candidate or (ii) any question of public policy to | ||
be submitted to the voters.
| ||
(Source: P.A. 97-766, eff. 7-6-12; 98-115, eff. 7-29-13.)
| ||
(10 ILCS 5/9-2) (from Ch. 46, par. 9-2)
| ||
Sec. 9-2. Political committee designations. | ||
(a) Every political committee shall be designated as a (i) | ||
candidate political committee, (ii) political party committee, | ||
(iii) political action committee, (iv) ballot initiative | ||
committee, or (v) independent expenditure committee. | ||
(b) Beginning January 1, 2011, no public official or | ||
candidate for public office may maintain or establish more than | ||
one candidate political committee for each office that public | ||
official or candidate holds or is seeking. The name of each | ||
candidate political committee shall identify the name of the | ||
public official or candidate supported by the candidate | ||
political committee. If a candidate establishes separate | ||
candidate political committees for each public office, the name | ||
of each candidate political committee shall also include the | ||
public office to which the candidate seeks nomination for | ||
election, election, or retention. If a candidate establishes |
one candidate political committee for multiple offices elected | ||
at different elections, then the candidate shall designate an | ||
election cycle, as defined in Section 9-1.9, for purposes of | ||
contribution limitations and reporting requirements set forth | ||
in this Article.
No political committee, other than a candidate | ||
political committee, may include the name of a candidate in its | ||
name. | ||
(c) Beginning January 1, 2011, no State central committee | ||
of a political party, county central committee of a political | ||
party, committee formed by a ward or township committeeperson | ||
committeeman , or committee established for the purpose of | ||
electing candidates to the General Assembly may maintain or | ||
establish more than one political party committee. The name of | ||
the committee must include the name of the political party. | ||
(d) Beginning January 1, 2011, no natural person, trust, | ||
partnership, committee, association, corporation, or other | ||
organization or group of persons forming a political action | ||
committee shall maintain or establish more than one political | ||
action committee. The name of a political action committee must | ||
include the name of the entity forming the committee. This | ||
subsection does not apply to independent expenditure | ||
committees. | ||
(e) Beginning January 1, 2011, the name of a ballot | ||
initiative committee must include words describing the | ||
question of public policy and whether the group supports or | ||
opposes the question. |
(f) Every political committee shall designate a chair | ||
chairman
and a treasurer. The same person may serve as both | ||
chair chairman and
treasurer of any political committee.
A | ||
candidate who administers his own campaign contributions and
| ||
expenditures shall be deemed a political committee for purposes | ||
of this
Article and shall designate himself as chair chairman , | ||
treasurer, or both chair
chairman and treasurer of such | ||
political committee. The treasurer of a
political committee | ||
shall be responsible for keeping the records and
filing the | ||
statements and reports required by this Article.
| ||
(g) No contribution and no expenditure shall be accepted or | ||
made by or on
behalf of a political committee at a time when | ||
there is a vacancy in the
office of chair chairman or treasurer | ||
thereof. No expenditure shall be made
for or on behalf of a | ||
political committee without the authorization of
its chair | ||
chairman or treasurer, or their designated agents.
| ||
(h) For purposes of implementing the changes made by this | ||
amendatory Act of the 96th General Assembly, every political | ||
committee in existence on the effective date of this amendatory | ||
Act of the 96th General Assembly shall make the designation | ||
required by this Section by December 31, 2010. | ||
(Source: P.A. 96-832, eff. 7-1-10; 97-766, eff. 7-6-12.)
| ||
(10 ILCS 5/9-8.10)
| ||
Sec. 9-8.10. Use of political committee and other reporting | ||
organization
funds.
|
(a) A political committee shall
not
make
expenditures:
| ||
(1) In violation of any law of the United States or of | ||
this State.
| ||
(2) Clearly in excess of the fair market value of the | ||
services,
materials, facilities,
or other things of value | ||
received in exchange.
| ||
(3) For satisfaction or repayment of any debts other | ||
than loans made to
the
committee or to the public official | ||
or candidate on behalf of the committee or
repayment of | ||
goods
and services purchased by the committee under a | ||
credit
agreement. Nothing in this Section authorizes the | ||
use of campaign funds to
repay personal loans. The | ||
repayments shall be made by check written to the
person who | ||
made the loan or credit agreement. The terms and conditions | ||
of any
loan or credit agreement to a
committee shall be set | ||
forth in a written agreement, including but not limited
to | ||
the
method and
amount of repayment, that shall be executed | ||
by the chair chairman or treasurer of the
committee at the | ||
time of the loan or credit agreement. The loan or agreement
| ||
shall also
set forth the rate of interest for the loan, if | ||
any, which may not
substantially exceed the
prevailing | ||
market interest rate at the time the agreement is executed.
| ||
(4) For the satisfaction or repayment of any debts or | ||
for the payment of
any expenses relating to a personal | ||
residence.
Campaign funds may not be used as collateral for | ||
home mortgages.
|
(5) For clothing or personal laundry expenses, except | ||
clothing items
rented by
the public official or candidate
| ||
for his or her own use exclusively for a specific | ||
campaign-related event,
provided that
committees may | ||
purchase costumes, novelty items, or other accessories | ||
worn
primarily to
advertise the candidacy.
| ||
(6) For the travel expenses of
any person unless the | ||
travel is necessary for fulfillment of political,
| ||
governmental, or public policy duties, activities, or | ||
purposes.
| ||
(7) For membership or club dues charged by | ||
organizations, clubs, or
facilities that
are primarily | ||
engaged in providing health, exercise, or recreational | ||
services;
provided,
however, that funds received under | ||
this Article may be used to rent the clubs
or facilities
| ||
for a specific campaign-related event.
| ||
(8) In payment for anything of value or for | ||
reimbursement of any
expenditure for
which any person has | ||
been reimbursed by the State or any person.
For purposes of | ||
this item (8), a per diem allowance is not a reimbursement.
| ||
(9) For the purchase of or installment payment for a | ||
motor vehicle unless
the political committee can | ||
demonstrate that purchase of a motor vehicle is
more | ||
cost-effective than leasing a motor vehicle as permitted | ||
under this item
(9). A political committee may lease or | ||
purchase and insure, maintain, and
repair a motor vehicle |
if the vehicle will be used primarily for campaign
purposes | ||
or
for the performance of governmental duties. A committee
| ||
shall not make expenditures for use of the vehicle for | ||
non-campaign or
non-governmental purposes. Persons using | ||
vehicles not purchased or leased by a
political committee | ||
may be reimbursed for actual mileage for the use of the
| ||
vehicle for campaign purposes or for the performance of | ||
governmental duties.
The mileage reimbursements shall be | ||
made at a rate not to exceed the standard
mileage rate | ||
method for computation of business expenses under the | ||
Internal
Revenue Code.
| ||
(10) Directly for an individual's tuition or other | ||
educational expenses,
except for governmental or political | ||
purposes directly related to a candidate's
or public | ||
official's duties and responsibilities.
| ||
(11) For payments to a public official or candidate or | ||
his or her
family member unless
for compensation for | ||
services actually rendered by that person.
The provisions | ||
of this item (11) do not apply to expenditures by a
| ||
political committee in an aggregate
amount not exceeding | ||
the amount of funds reported to and certified by the State
| ||
Board or county clerk as available as of June 30, 1998, in | ||
the semi-annual
report of
contributions and expenditures | ||
filed by the
political committee for the period concluding | ||
June 30, 1998.
| ||
(b) The Board shall have the authority to investigate, upon
|
receipt of a verified complaint, violations of the provisions | ||
of this Section.
The Board may levy a fine
on any person who | ||
knowingly makes expenditures in violation of this Section and
| ||
on any person who knowingly makes a malicious and false | ||
accusation of a
violation of this Section.
The Board may act | ||
under this subsection only upon the affirmative vote of at
| ||
least 5 of its members. The fine shall not
exceed $500 for each | ||
expenditure of $500 or less and shall not exceed the
amount of | ||
the
expenditure plus $500 for each expenditure greater than | ||
$500. The Board shall
also
have the authority
to render rulings | ||
and issue opinions relating to compliance with this
Section.
| ||
(c) Nothing in this Section prohibits the expenditure of | ||
funds of a
political
committee controlled by an officeholder or | ||
by a candidate to defray the customary and reasonable expenses | ||
of an
officeholder in
connection with the performance of | ||
governmental and public service functions.
| ||
(d) Nothing in this Section prohibits the funds of a | ||
political committee which is controlled by a person convicted | ||
of a violation of any of the offenses listed in subsection (a) | ||
of Section 10 of the Public Corruption Profit Forfeiture Act | ||
from being forfeited to the State under Section 15 of the | ||
Public Corruption Profit Forfeiture Act. | ||
(Source: P.A. 96-1019, eff. 1-1-11.)
| ||
(10 ILCS 5/9-11) (from Ch. 46, par. 9-11)
| ||
Sec. 9-11. Financial reports. |
(a) Each quarterly report of campaign contributions, | ||
expenditures, and independent expenditures under Section 9-10 | ||
shall disclose the following: | ||
(1) the name and address of the political committee; | ||
(2) the name and address of the person submitting the | ||
report on behalf of the committee, if other than the chair | ||
chairman or treasurer; | ||
(3) the amount of funds on hand at the beginning of the | ||
reporting period; | ||
(4) the full name and mailing address of each person | ||
who has made one or more contributions to or for the | ||
committee within the reporting period in an aggregate | ||
amount or value in excess of $150, together with the | ||
amounts and dates of those contributions, and, if the | ||
contributor is an individual who contributed more than | ||
$500, the occupation and employer of the contributor or, if | ||
the occupation and employer of the contributor are unknown, | ||
a statement that the committee has made a good faith effort | ||
to ascertain this information; | ||
(5) the total sum of individual contributions made to | ||
or for the committee during the reporting period and not | ||
reported under item (4); | ||
(6) the name and address of each political committee | ||
from which the reporting committee received, or to which | ||
that committee made, any transfer of funds in the aggregate | ||
amount or value in excess of $150, together with the |
amounts and dates of all transfers; | ||
(7) the total sum of transfers made to or from the | ||
committee during the reporting period and not reported | ||
under item (6); | ||
(8) each loan to or from any person, political | ||
committee, or financial institution within the reporting | ||
period by or to the committee in an aggregate amount or | ||
value in excess of $150, together with the full names and | ||
mailing addresses of the lender and endorsers, if any; the | ||
dates and amounts of the loans; and, if a lender or | ||
endorser is an individual who loaned or endorsed a loan of | ||
more than $500, the occupation and employer of that | ||
individual or, if the occupation and employer of the | ||
individual are unknown, a statement that the committee has | ||
made a good faith effort to ascertain this information; | ||
(9) the total amount of proceeds received by the | ||
committee from (i) the sale of tickets for each dinner, | ||
luncheon, cocktail party, rally, and other fund-raising | ||
events; (ii) mass collections made at those events; and | ||
(iii) sales of items such as political campaign pins, | ||
buttons, badges, flags, emblems, hats, banners, | ||
literature, and similar materials; | ||
(10) each contribution, rebate, refund, income from | ||
investments, or other receipt in excess of $150 received by | ||
the committee not otherwise listed under items (4) through | ||
(9) and, if the contributor is an individual who |
contributed more than $500, the occupation and employer of | ||
the contributor or, if the occupation and employer of the | ||
contributor are unknown, a statement that the committee has | ||
made a good faith effort to ascertain this information; | ||
(11) the total sum of all receipts by or for the | ||
committee or candidate during the reporting period; | ||
(12) the full name and mailing address of each person | ||
to whom expenditures have been made by the committee or | ||
candidate within the reporting period in an aggregate | ||
amount or value in excess of $150; the amount, date, and | ||
purpose of each of those expenditures; and the question of | ||
public policy or the name and address of, and the office | ||
sought by, each candidate on whose behalf that expenditure | ||
was made; | ||
(13) the full name and mailing address of each person | ||
to whom an expenditure for personal services, salaries, and | ||
reimbursed expenses in excess of $150 has been made and | ||
that is not otherwise reported, including the amount, date, | ||
and purpose of the expenditure; | ||
(14) the value of each asset held as an investment, as | ||
of the final day of the reporting period; | ||
(15) the total sum of expenditures made by the | ||
committee during the reporting period; and | ||
(16) the full name and mailing address of each person | ||
to whom the committee owes debts or obligations in excess | ||
of $150 and the amount of those debts or obligations. |
For purposes of reporting campaign receipts and expenses, | ||
income from investments shall be included as receipts during | ||
the reporting period they are actually received. The gross | ||
purchase price of each investment shall be reported as an | ||
expenditure at time of purchase. Net proceeds from the sale of | ||
an investment shall be reported as a receipt. During the period | ||
investments are held they shall be identified by name and | ||
quantity of security or instrument on each semi-annual report | ||
during the period. | ||
(b) Each report of a campaign contribution of $1,000 or | ||
more required under subsection (c) of Section 9-10
shall | ||
disclose the following:
| ||
(1) the name and address of the political committee;
| ||
(2) the name and address of the person submitting the | ||
report on behalf of the committee, if other than the chair | ||
chairman or treasurer; and
| ||
(3) the full name and mailing address of each person | ||
who has made a contribution of $1,000 or more.
| ||
(c) Each quarterly report shall include the following | ||
information regarding any independent expenditures made during | ||
the reporting period: (1) the full name and mailing address of | ||
each person to whom an expenditure in excess of $150 has been | ||
made in connection with an independent expenditure; (2) the | ||
amount, date, and purpose of such expenditure; (3) a statement | ||
whether the independent expenditure was in support of or in | ||
opposition to a particular candidate; (4) the name of the |
candidate;
(5) the office and, when applicable, district, | ||
sought by the candidate; and (6) a certification, under penalty | ||
of perjury, that such expenditure was not made in cooperation, | ||
consultation, or concert with, or at the request or suggestion | ||
of, any candidate or any authorized committee or agent of such | ||
committee. The report shall also include (I) the total of all | ||
independent expenditures of $150 or less made during the | ||
reporting period and (II) the total amount of all independent | ||
expenditures made during the reporting period. | ||
(d) The Board shall by rule define a "good faith effort".
| ||
The reports of campaign contributions filed under this | ||
Article shall be
cumulative during the reporting period to | ||
which they relate.
| ||
(e) Each report shall be verified, dated, and signed by | ||
either the treasurer of the political committee or the | ||
candidate on whose behalf the report is filed and shall contain | ||
the following verification: | ||
"I declare that this report (including any accompanying | ||
schedules and statements) has been examined by me and, to the | ||
best of my knowledge and belief, is a true, correct, and | ||
complete report as required by Article 9 of the Election Code. | ||
I understand that willfully filing a false or incomplete | ||
statement is subject to a civil penalty of up to $5,000.". | ||
(f) A political committee may amend a report filed under | ||
subsection (a) or (b). The Board may reduce or waive a fine if | ||
the amendment is due to a technical or inadvertent error and |
the political committee files the amended report, except that a | ||
report filed under subsection (b) must be amended within 5 | ||
business days. The State Board shall ensure that a description | ||
of the amended information is available to the public. The | ||
Board may promulgate rules to enforce this subsection. | ||
(Source: P.A. 96-832, eff. 1-1-11 .)
| ||
(10 ILCS 5/9-15) (from Ch. 46, par. 9-15) | ||
Sec. 9-15. It shall be the duty of the Board- | ||
(1) to develop prescribed forms for filing statements | ||
of organization and required reports; | ||
(2) to prepare, publish, and furnish to the appropriate | ||
persons a manual of instructions setting forth recommended
| ||
uniform methods of bookkeeping and reporting under this | ||
Article; | ||
(3) to prescribe suitable rules and regulations to | ||
carry out the
provisions of this Article. Such rules and | ||
regulations shall be published
and made available to the | ||
public; | ||
(4) to send by first class mail, after the general | ||
primary election in
even numbered years, to the chair | ||
chairman of each regularly constituted
State central | ||
committee, county central committee and, in counties with a
| ||
population of more than 3,000,000, to the committeepersons | ||
committeemen of each township and
ward organization of each | ||
political party notice of their obligations under
this |
Article, along with a form for filing the statement of | ||
organization; | ||
(5) to promptly make all reports and statements filed | ||
under this Article available for public inspection and | ||
copying no later than 2 business days after their receipt | ||
and to permit copying of any such report or statement at | ||
the expense of the person requesting the copy; | ||
(6) to develop a filing, coding, and cross-indexing | ||
system consistent with the purposes of this Article; | ||
(7) to compile and maintain a list of all statements or | ||
parts of statements pertaining to each candidate; | ||
(8) to prepare and publish such reports as the Board | ||
may deem appropriate; | ||
(9) to annually notify each political committee that | ||
has filed a statement of organization with the Board of the | ||
filing dates for each quarterly report, provided that such | ||
notification shall be made by first-class mail unless the | ||
political committee opts to receive notification | ||
electronically via email; and | ||
(10) to promptly send, by first class mail directed | ||
only to the officers of a political committee, and by | ||
certified mail to the address of the political committee, | ||
written notice of any fine or penalty assessed or imposed | ||
against the political committee under this Article. | ||
(Source: P.A. 96-1263, eff. 1-1-11; 97-766, eff. 7-6-12.)
|
(10 ILCS 5/9-20) (from Ch. 46, par. 9-20)
| ||
Sec. 9-20.
Any person who believes a violation of this | ||
Article has occurred may
file a verified complaint with the | ||
Board. Such verified complaint shall be
directed to a candidate | ||
or the chair chairman or treasurer of a political
committee, | ||
and shall be subject to the following requirements:
| ||
(1) The complaint shall be in writing.
| ||
(2) The complaint shall state the name of the candidate or | ||
chair chairman or
treasurer of a political committee against | ||
whom the complaint is directed.
| ||
(3) The complaint shall state the statutory provisions | ||
which are alleged
to have been violated.
| ||
(4) The complaint shall state the time, place, and nature | ||
of the alleged
offense.
| ||
The complaint shall be verified, dated, and signed by the | ||
person filing
the complaint in substantially the following | ||
manner:
VERIFICATION:
| ||
"I declare that this complaint (including any accompanying | ||
schedules and
statements) has been examined by me and to the | ||
best of my knowledge and
belief is a true and correct complaint | ||
as required by Article 9 of The
Election Code. I understand | ||
that the penalty for willfully filing a false
complaint shall | ||
be a fine not to exceed $500 or imprisonment in a penal
| ||
institution other than the penitentiary not to exceed 6 months, | ||
or both
fine and imprisonment."
| ||
.............................................................
|
(date of filing)
| ||
(signature of person filing the complaint)
| ||
(Source: P.A. 78-1183 .)
| ||
(10 ILCS 5/10-2) (from Ch. 46, par. 10-2)
| ||
Sec. 10-2.
The term "political party", as hereinafter used | ||
in this
Article 10, shall mean any "established political | ||
party", as hereinafter
defined and shall also mean any | ||
political group which shall hereafter
undertake to form an | ||
established political party in the manner provided
for in this | ||
Article 10: Provided, that no political organization or
group | ||
shall be qualified as a political party hereunder, or given a
| ||
place on a ballot, which organization or group is associated, | ||
directly
or indirectly, with Communist, Fascist, Nazi or other | ||
un-American
principles and engages in activities or propaganda | ||
designed to teach
subservience to the political principles and | ||
ideals of foreign nations
or the overthrow by violence of the | ||
established constitutional form of
government of the United | ||
States and the State of Illinois.
| ||
A political party which, at the last general election for | ||
State and
county officers, polled for its candidate for | ||
Governor more than 5% of
the entire vote cast for Governor, is | ||
hereby declared to be an
"established political party" as to | ||
the State and as to any district or
political subdivision | ||
thereof.
| ||
A political party which, at the last election in any |
congressional
district, legislative district, county, | ||
township, municipality or other
political subdivision or | ||
district in the State, polled more than 5% of
the entire vote | ||
cast within such territorial area or political
subdivision, as | ||
the case may be, has voted as a unit for the election of
| ||
officers to serve the respective territorial area of such | ||
district or
political subdivision, is hereby declared to be an | ||
"established
political party" within the meaning of this | ||
Article as to such district
or political subdivision.
| ||
Any group of persons hereafter desiring to form a new | ||
political party
throughout the State, or in any congressional, | ||
legislative or judicial
district, or in any other district or | ||
in any political subdivision
(other than a municipality) not | ||
entirely within a single county, shall
file with the State | ||
Board of Elections a petition, as hereinafter
provided; and any | ||
such group of persons hereafter desiring to form a new
| ||
political party within any county shall file such petition with | ||
the
county clerk; and any such group of persons hereafter | ||
desiring to form a
new political party within any municipality | ||
or township or within any
district of a unit of local | ||
government other than a county shall file
such petition with | ||
the local election official or Board of Election
Commissioners | ||
of such municipality, township or other unit of local
| ||
government, as the case may be. Any such petition for the | ||
formation of a
new political party throughout the State, or in | ||
any such district or
political subdivision, as the case may be, |
shall declare as concisely as
may be the intention of the | ||
signers thereof to form such new political
party in the State, | ||
or in such district or political subdivision; shall
state in | ||
not more than 5 words the name of such new political party;
| ||
shall at the time of filing contain a complete list of | ||
candidates of
such party for all offices to be filled in the | ||
State, or such district
or political subdivision as the case | ||
may be, at the next ensuing
election then to be held; and, if | ||
such new political party shall be
formed for the entire State, | ||
shall be signed by 1% of the number of voters
who voted at the | ||
next preceding Statewide general election or 25,000
qualified | ||
voters, whichever is less. If such new political party shall be
| ||
formed for any district
or political subdivision less than the | ||
entire State, such petition shall
be signed by qualified voters | ||
equaling in number not less than 5% of the
number of voters who | ||
voted at the next preceding regular election in
such district | ||
or political subdivision in which such district or
political | ||
subdivision voted as a unit for the election of officers to
| ||
serve its respective territorial area. However, whenever the | ||
minimum signature
requirement for a district or political | ||
subdivision new political
party petition shall exceed the | ||
minimum number of signatures for State-wide
new political party | ||
petitions at the next preceding State-wide general
election, | ||
such State-wide petition signature requirement shall be the
| ||
minimum for such district or political subdivision new | ||
political party petition.
|
For the first election following a redistricting of | ||
congressional districts,
a petition to form a new political | ||
party in a congressional district shall
be signed by at least | ||
5,000 qualified voters of the congressional district.
For the | ||
first election following a redistricting of legislative | ||
districts,
a petition to form a new political party in a | ||
legislative district shall
be signed by at least 3,000 | ||
qualified voters of the legislative district.
For the first | ||
election following a redistricting of representative
| ||
districts, a petition to form a new political party in a | ||
representative
district shall be signed by at least 1,500 | ||
qualified voters of the
representative district.
| ||
For the first election following redistricting of county | ||
board districts,
or of municipal wards or districts, or for the | ||
first election following
the initial establishment of such | ||
districts or wards in a county or
municipality, a petition to | ||
form a new political party in a county board
district or in a | ||
municipal ward or district shall be signed by qualified
voters | ||
of the district or ward equal to not less than 5% of the total
| ||
number of votes cast at the preceding general or municipal | ||
election, as the
case may be, for the county or municipal | ||
office voted on throughout the
county or municipality for which | ||
the greatest total number of votes were
cast for all | ||
candidates, divided by the number of districts or wards, but
in | ||
any event not less than 25 qualified voters of the district or | ||
ward.
|
In the case of a petition to form a new political party | ||
within a political
subdivision in which officers are to be | ||
elected from
districts and at-large, such petition shall | ||
consist
of separate components for each district from which an | ||
officer
is to be elected. Each component shall be circulated | ||
only within a
district of the political subdivision and signed | ||
only by qualified electors
who are residents of such district. | ||
Each sheet of such petition must
contain a complete list of the | ||
names of the candidates of the party for all
offices to be | ||
filled in the political subdivision at large, but the sheets
| ||
comprising each component shall also contain the names of those | ||
candidates
to be elected from the particular district. Each | ||
component of the petition
for each district from which an | ||
officer is to be elected must be signed by
qualified voters of | ||
the district equalling in number not less than 5% of
the number | ||
of voters who voted at the next preceding regular election in
| ||
such district at which an officer was elected to serve the | ||
district. The
entire petition, including all components, must | ||
be signed by a total of
qualified voters of the entire | ||
political subdivision equalling in number
not less than 5% of | ||
the number of voters who voted at the next preceding
regular | ||
election in such political subdivision at which an officer was
| ||
elected to serve the political subdivision at large.
| ||
The filing of such petition shall constitute the political | ||
group a
new political party, for the purpose only of placing | ||
upon the ballot at
such next ensuing election such list or an |
adjusted list in accordance
with Section 10-11, of party | ||
candidates for offices to be voted for
throughout the State, or | ||
for offices to be voted for in such district or
political | ||
subdivision less than the State, as the case may be, under the
| ||
name of and as the candidates of such new political party.
| ||
If, at such ensuing election, the new political party's | ||
candidate for
Governor shall receive more than 5% of the entire | ||
votes cast for
Governor, then such new political party shall | ||
become an "established
political party" as to the State and as | ||
to every district or political
subdivision thereof. If, at such | ||
ensuing election, the other candidates
of the new political | ||
party, or any other candidate or candidates of the
new | ||
political party shall receive more than 5% of all the votes | ||
cast for
the office or offices for which they were candidates | ||
at such election,
in the State, or in any district or political | ||
subdivision, as the case
may be, then and in that event, such | ||
new political party shall become an
"established political | ||
party" within the State or within such district
or political | ||
subdivision less than the State, as the case may be, in
which | ||
such candidate or candidates received more than 5% of the votes
| ||
cast for the office or offices for which they were candidates. | ||
It shall
thereafter nominate its candidates for public offices | ||
to be filled in
the State, or such district or political | ||
subdivision, as the case may
be, under the provisions of the | ||
laws regulating the nomination of
candidates of established | ||
political parties at primary elections and
political party |
conventions, as now or hereafter in force.
| ||
A political party which continues to receive for its | ||
candidate for
Governor more than 5% of the entire vote cast for | ||
Governor, shall remain
an "established political party" as to | ||
the State and as to every
district or political subdivision | ||
thereof. But if the political party's
candidate for Governor | ||
fails to receive more than 5% of the entire vote
cast for | ||
Governor, or if the political party does not nominate a
| ||
candidate for Governor, the political party shall remain an | ||
"established
political party" within the State or within such | ||
district or political
subdivision less than the State, as the | ||
case may be, only so long as,
and only in those districts or | ||
political subdivisions in which, the
candidates of that | ||
political party, or any candidate or candidates of
that | ||
political party, continue to receive more than 5% of all the | ||
votes
cast for the office or offices for which they were | ||
candidates at
succeeding general or consolidated elections | ||
within the State or within
any district or political | ||
subdivision, as the case may be.
| ||
Any such petition shall be filed at the same time and shall | ||
be
subject to the same requirements and to the same provisions | ||
in respect
to objections thereto and to any hearing or hearings | ||
upon such
objections that are hereinafter in this Article 10 | ||
contained in regard
to the nomination of any other candidate or | ||
candidates by petition. If
any such new political party shall | ||
become an "established political
party" in the manner herein |
provided, the candidate or candidates of
such new political | ||
party nominated by the petition hereinabove referred
to for | ||
such initial election, shall have power to select any such | ||
party committeeperson
committeeman or committeepersons | ||
committeemen as shall be necessary for the creation of a
| ||
provisional party organization and provisional managing | ||
committee or
committees for such party within the State, or in | ||
any district or
political subdivision in which the new | ||
political party has become
established; and the party | ||
committeeperson committeeman or committeepersons committeemen | ||
so selected
shall constitute a provisional party organization | ||
for the new political
party and shall have and exercise the | ||
powers conferred by law upon any
party committeeperson | ||
committeeman or committeepersons committeemen to manage and | ||
control the affairs of
such new political party until the next | ||
ensuing primary election at
which the new political party shall | ||
be entitled to nominate and elect
any party committeeperson | ||
committeeman or committeepersons committeemen in the State, or | ||
in such district
or political subdivision under any parts of | ||
this Act relating to the
organization of political parties.
| ||
A candidate for whom a nomination paper has been filed as a | ||
partisan
candidate at a primary election, and who is defeated | ||
for his or her
nomination at the primary election, is | ||
ineligible for nomination as a
candidate of a new political | ||
party for election in that general election.
| ||
(Source: P.A. 86-875.)
|
(10 ILCS 5/10-6.2) (from Ch. 46, par. 10-6.2)
| ||
Sec. 10-6.2.
The State Board of Elections, the election | ||
authority or
the local election official with whom petitions | ||
for nomination are filed
pursuant to this Article 10 shall | ||
specify the place where filings shall
be made and upon receipt | ||
shall endorse thereon the day and the hour at
which each | ||
petition was filed. Except as provided by Article 9 of The
| ||
School Code, all petitions filed by persons waiting
in line as | ||
of 8:00 a.m. on the first day for filing, or as of the normal
| ||
opening hour of the office involved on such day, shall be | ||
deemed filed
as of 8:00 a.m. or the normal opening hour, as the | ||
case may be.
Petitions filed by mail and received after | ||
midnight of the first day for
filing and in the first mail | ||
delivery or pickup of that day shall be
deemed filed as of 8:00 | ||
a.m. of that day or as of the normal opening
hour of such day, | ||
as the case may be. All petitions received thereafter
shall be | ||
deemed filed in the order of actual receipt. However, 2 or more | ||
petitions filed within the last hour of the filing deadline | ||
shall be deemed filed simultaneously. Where 2 or more
petitions | ||
are received simultaneously, the State Board of Elections, the
| ||
election authority or the local election official with whom | ||
such
petitions are filed shall break ties and determine the | ||
order of filing
by means of a lottery or other fair and | ||
impartial method of random
selection approved by the State | ||
Board of Elections. Such lottery shall
be conducted within 9 |
days following the last day for petition filing and shall
be | ||
open to the public. Seven days written notice of the time and | ||
place of
conducting such random selection shall be given, by | ||
the State Board of
Elections, the election authority, or local | ||
election official, to the Chair Chairman
of each political | ||
party, and to each organization of citizens within the
election | ||
jurisdiction which was entitled, under this Code, at the next
| ||
preceding election, to have pollwatchers present on the day of | ||
election. The
State Board of Elections, the election authority | ||
or local election official
shall post in a conspicuous, open | ||
and public place, at the entrance of the
office, notice of the | ||
time and place of such lottery. The State Board of
Elections | ||
shall adopt rules and regulations governing the procedures for
| ||
the conduct of such lottery. All candidates shall be
certified | ||
in the order in which their petitions have been filed and in | ||
the
manner prescribed by Section 10-14 and 10-15 of this | ||
Article. Where
candidates have filed simultaneously, they | ||
shall be certified in the order
determined by lot and prior to | ||
candidates who filed for the same office or
offices at a later | ||
time. Certificates of nomination filed within the
period | ||
prescribed in Section 10-6(2) for candidates nominated by | ||
caucus for
township or municipal offices shall be subject to | ||
the ballot placement
lottery for established political parties | ||
prescribed in Section 7-60 of
this Code.
| ||
If multiple sets of nomination papers are filed for a | ||
candidate to
the same office, the State Board of Elections, |
appropriate election
authority or local election official | ||
where the petitions are filed shall
within 2 business days | ||
notify the candidate of his or her multiple petition
filings | ||
and that the candidate has 3 business days after receipt of the | ||
notice
to notify the State Board of Elections, appropriate | ||
election authority or local
election official that he or she | ||
may cancel prior sets of petitions. If the
candidate notifies | ||
the State Board of Elections, appropriate election authority
or | ||
local election official, the last set of petitions filed shall | ||
be the only
petitions to be considered valid by the State Board | ||
of Elections, election
authority or local election official. If | ||
the candidate fails to notify the
State Board of Elections, | ||
appropriate election authority or local election
official then | ||
only the first set of petitions filed shall be valid and all
| ||
subsequent petitions shall be void.
| ||
(Source: P.A. 98-115, eff. 7-29-13.)
| ||
(10 ILCS 5/10-8) (from Ch. 46, par. 10-8)
| ||
Sec. 10-8.
Certificates of nomination and nomination | ||
papers, and
petitions to submit public questions to a | ||
referendum, being filed as
required by this Code, and being in | ||
apparent conformity with the
provisions of this Act, shall be | ||
deemed to be valid unless objection
thereto is duly made in | ||
writing within 5 business days after the last day for
filing | ||
the certificate of nomination or nomination papers or petition
| ||
for a public question, with the following exceptions:
|
A. In the case of petitions to amend Article IV of the
| ||
Constitution of the State of Illinois, there shall be a | ||
period of 35
business days after the last day for the | ||
filing of such
petitions in which objections can be filed.
| ||
B. In the case of petitions for advisory questions of | ||
public policy to be
submitted to the voters of the entire | ||
State, there shall be a period of
35 business days after | ||
the last day for the filing of such
petitions in which | ||
objections can be filed.
| ||
Any legal voter of the political subdivision or district in | ||
which the
candidate or public question is to be voted on, or | ||
any legal voter in
the State in the case of a proposed | ||
amendment to Article IV of the
Constitution or an advisory | ||
public question to be submitted to the
voters of the entire | ||
State, having objections to any certificate of nomination
or | ||
nomination papers or petitions filed, shall file an objector's | ||
petition
together with 2 copies thereof in the principal office | ||
or the permanent branch
office of the State Board of Elections, | ||
or in the office of the election
authority or local election | ||
official with whom the certificate of
nomination, nomination | ||
papers or petitions are on file. Objection petitions that do | ||
not include 2 copies thereof, shall not be accepted.
In the | ||
case of nomination papers or certificates of nomination,
the | ||
State Board of Elections, election authority or local election | ||
official
shall note the day and hour upon which such objector's
| ||
petition is filed, and shall, not later than 12:00
noon on the |
second business day after receipt of the
petition, transmit by | ||
registered mail or receipted
personal delivery the certificate | ||
of nomination or nomination papers and
the original objector's | ||
petition to the chair chairman of the proper electoral
board | ||
designated in Section 10-9 hereof, or his authorized agent, and
| ||
shall transmit a copy by registered mail or receipted personal | ||
delivery
of the objector's petition, to the candidate whose | ||
certificate of nomination
or nomination papers are objected to, | ||
addressed to the place of residence
designated in said | ||
certificate of nomination or nomination papers. In the
case of | ||
objections to a petition for a proposed amendment to Article IV | ||
of
the Constitution or for an advisory public question to be | ||
submitted to the
voters of the entire State, the State Board of | ||
Elections shall note the day
and hour upon which such | ||
objector's petition is filed and shall transmit a
copy of the | ||
objector's petition by registered mail or receipted personal
| ||
delivery to the person designated on a certificate attached to | ||
the petition
as the principal proponent of such proposed | ||
amendment or public question,
or as the proponents' attorney, | ||
for the purpose of receiving notice of
objections. In the case | ||
of objections to a petition for a public question,
to be | ||
submitted to the voters of a political subdivision, or district
| ||
thereof, the election authority or local election official with | ||
whom such
petition is filed shall note the day and hour upon | ||
which such
objector's petition was filed, and shall, not later | ||
than 12:00 noon on the
second business day after receipt of the |
petition,
transmit by registered mail or receipted personal | ||
delivery
the petition for the public question and the original | ||
objector's petition
to the chair chairman of the proper | ||
electoral board designated in Section 10-9
hereof, or his | ||
authorized agent, and shall transmit a copy by
registered mail | ||
or receipted personal delivery, of the objector's petition
to | ||
the person designated on a certificate attached to the petition | ||
as the
principal proponent of the public question, or as the | ||
proponent's attorney,
for the purposes of receiving notice of | ||
objections.
| ||
The objector's petition shall give the objector's name and | ||
residence
address, and shall state fully the nature of the | ||
objections to the
certificate of nomination or nomination | ||
papers or petitions in question,
and shall state the interest | ||
of the objector and shall state what relief
is requested of the | ||
electoral board.
| ||
The provisions of this Section and of Sections 10-9, 10-10 | ||
and
10-10.1 shall also apply to and govern objections to | ||
petitions for
nomination filed under Article 7 or Article 8, | ||
except as otherwise
provided in Section 7-13 for cases to which | ||
it is applicable, and also
apply to and govern petitions for | ||
the submission of public questions under
Article 28.
| ||
(Source: P.A. 98-691, eff. 7-1-14.)
| ||
(10 ILCS 5/10-9) (from Ch. 46, par. 10-9)
| ||
Sec. 10-9. The following electoral boards are designated |
for the
purpose of hearing and passing upon the objector's | ||
petition described in
Section 10-8.
| ||
1. The State Board of Elections will hear and pass upon | ||
objections
to the nominations of candidates for State | ||
offices,
nominations of candidates for congressional or | ||
legislative offices that are in more than one county or are | ||
wholly located within a single county with a population of | ||
less than 3,000,000 and judicial
offices of districts, | ||
subcircuits, or circuits situated in more than one county, | ||
nominations
of candidates for the offices of State's | ||
attorney or regional superintendent
of schools to be | ||
elected from more than one county, and petitions for
| ||
proposed amendments to the Constitution of the State of | ||
Illinois as
provided for in Section 3 of Article XIV of the | ||
Constitution.
| ||
2. The county officers electoral board of a county with | ||
a population of less than 3,000,000 to hear and pass upon
| ||
objections to the nominations of candidates for county | ||
offices and judicial offices of a district, subcircuit, or
| ||
circuit coterminous with or less than a county, for any | ||
school district offices, for the office of multi-township | ||
assessor where candidates for
such office are nominated in | ||
accordance with this Code, and for all special
district | ||
offices, shall be composed of the county clerk, or an | ||
assistant
designated by the county clerk, the State's | ||
attorney of the county or
an Assistant State's Attorney |
designated by the State's Attorney, and the
clerk of the | ||
circuit court, or an assistant designated by the clerk of
| ||
the circuit court, of the county, of whom the county clerk | ||
or his designee
shall be the chair chairman , except that in | ||
any county which has established a
county board of election | ||
commissioners that board
shall constitute the county | ||
officers electoral board ex-officio. If a school district | ||
is located in 2 or more counties, the county officers | ||
electoral board of the county in which the principal office | ||
of the school district is located shall hear and pass upon | ||
objections to nominations of candidates for school | ||
district office in that school district.
| ||
2.5. The county officers electoral board of a county | ||
with a population of 3,000,000 or more to hear and
pass | ||
upon objections to the nominations of candidates for county | ||
offices, candidates for congressional and legislative | ||
offices if the district is wholly within a county with a | ||
population of 3,000,000 or more, unless the district is | ||
wholly or partially within the jurisdiction of a municipal | ||
board of election commissioners, and judicial offices of a | ||
district, subcircuit, or circuit coterminous with or less | ||
than a county, for any school district offices, for the | ||
office of multi-township assessor where candidates for | ||
such office are nominated in accordance with this Code, and | ||
for all special district offices, shall be composed of the | ||
county clerk, or an assistant designated by the county |
clerk, the State's Attorney of the county or an Assistant | ||
State's Attorney designated by the State's Attorney, and | ||
the clerk of the circuit court, or an assistant designated | ||
by the clerk of the circuit court, of the county, of whom | ||
the county clerk or his designee shall be the chair | ||
chairman , except that, in any county which has established | ||
a county board of election commissioners, that board shall | ||
constitute the county officers electoral board ex-officio. | ||
If a school district is located in 2 or more counties, the | ||
county officers electoral board of the county in which the | ||
principal office of the school district is located shall | ||
hear and pass upon objections to nominations of candidates | ||
for school district office in that school district. | ||
3. The municipal officers electoral board to hear and | ||
pass upon
objections to the nominations of candidates for | ||
officers of
municipalities shall be composed of the mayor | ||
or president of the board
of trustees of the city, village | ||
or incorporated town, and the city,
village or incorporated | ||
town clerk, and one member of the city council
or board of | ||
trustees, that member being designated who is eligible to
| ||
serve on the electoral board and has served the
greatest | ||
number of years as a member of the city council or board of
| ||
trustees, of whom the mayor or president of the board of | ||
trustees shall
be the chair chairman .
| ||
4. The township officers electoral board to pass upon | ||
objections to
the nominations of township officers shall be |
composed of the township
supervisor, the town clerk, and | ||
that eligible town trustee elected in the
township who has | ||
had the longest term of continuous service as town
trustee, | ||
of whom the township supervisor shall be the chair | ||
chairman .
| ||
5. The education officers electoral board to hear and | ||
pass upon
objections to the nominations of candidates for | ||
offices in
community college districts shall be composed of | ||
the presiding officer of
the community college district | ||
board, who shall be the chair chairman ,
the secretary of | ||
the community college district board and the
eligible | ||
elected community college board member who has the
longest | ||
term of continuous service as a board member.
| ||
6. In all cases, however, where the Congressional, | ||
Legislative, or Representative
district is wholly or | ||
partially within the jurisdiction of a single municipal | ||
board of election
commissioners in Cook County and in all | ||
cases where the school district or special
district is | ||
wholly within the jurisdiction of a municipal board of
| ||
election commissioners and in all cases where the | ||
municipality or
township is wholly or partially within the | ||
jurisdiction of a municipal
board of election | ||
commissioners, the board of election commissioners
shall | ||
ex-officio constitute the electoral board.
| ||
For special districts situated in more than one county, the | ||
county officers
electoral board of the county in which the |
principal office of the district
is located has jurisdiction to | ||
hear and pass upon objections. For purposes
of this Section, | ||
"special districts" means all political subdivisions other
| ||
than counties, municipalities, townships and school and | ||
community college
districts.
| ||
In the event that any member of the appropriate board is a | ||
candidate
for the office with relation to which the objector's | ||
petition is filed,
he shall not be eligible to serve on that | ||
board and shall not act as
a member of the board and his place | ||
shall be filled as follows:
| ||
a. In the county officers electoral board by the county
| ||
treasurer, and if he or she is ineligible to serve, by the | ||
sheriff of the
county.
| ||
b. In the municipal officers electoral board by the | ||
eligible
elected city council or board of trustees member | ||
who has served the second
greatest number of years as a | ||
city council or board of trustees member.
| ||
c. In the township officers electoral board by the | ||
eligible
elected town trustee who has had the second | ||
longest term of continuous service
as a town trustee.
| ||
d. In the education officers electoral board by the | ||
eligible
elected community college district board member | ||
who has had the
second longest term of continuous service | ||
as a board member.
| ||
In the event that the chair chairman of the electoral board | ||
is ineligible
to act because of the fact that he or she is a |
candidate for the office with
relation to which the objector's | ||
petition is filed, then the substitute
chosen under the | ||
provisions of this Section shall be the chair chairman ; In
this | ||
case, the officer or board with whom the objector's petition is
| ||
filed, shall transmit the certificate of nomination or | ||
nomination papers
as the case may be, and the objector's | ||
petition to the substitute chair
chairman of the electoral | ||
board.
| ||
When 2 or more eligible individuals, by reason of their | ||
terms of service
on a city council or board of trustees, | ||
township board of
trustees, or community college district | ||
board, qualify to serve
on an electoral board, the one to serve | ||
shall be chosen by lot.
| ||
Any vacancies on an electoral board not otherwise filled | ||
pursuant to this
Section shall be filled by public members | ||
appointed by the Chief Judge of
the Circuit Court for the | ||
county wherein the electoral board hearing is
being held upon | ||
notification to the Chief Judge of such
vacancies. The Chief | ||
Judge shall be so notified by a member of the electoral
board | ||
or the officer or board with whom the objector's petition was | ||
filed.
In the event that none of the individuals designated by | ||
this Section to
serve on the electoral board are eligible, the | ||
chair chairman of an electoral
board shall be designated by the | ||
Chief Judge.
| ||
(Source: P.A. 98-115, eff. 7-29-13; 98-1171, eff. 6-1-15 .)
|
(10 ILCS 5/10-10) (from Ch. 46, par. 10-10)
| ||
Sec. 10-10. Within 24 hours after the receipt of the | ||
certificate of
nomination or nomination papers or proposed | ||
question of public
policy, as the case may be, and the | ||
objector's petition, the chair chairman
of the electoral board | ||
other than the State Board of Elections shall
send a call by | ||
registered or certified mail to each of the members of the
| ||
electoral board, and to the objector who filed the objector's | ||
petition, and
either to the candidate whose certificate of | ||
nomination or nomination
papers are objected to or to the | ||
principal proponent or attorney for
proponents of a question of | ||
public policy, as the case may be, whose
petitions are objected | ||
to, and shall also cause the sheriff of the county
or counties | ||
in which such officers and persons reside to serve a copy of
| ||
such call upon each of such officers and persons, which call | ||
shall set out
the fact that the electoral board is required to | ||
meet to hear and pass upon
the objections to nominations made | ||
for the office, designating it, and
shall state the day, hour | ||
and place at which the electoral board shall meet
for the | ||
purpose, which place shall be in the
county court house in the | ||
county in the case of the County Officers
Electoral Board, the | ||
Municipal Officers Electoral Board, the Township
Officers | ||
Electoral Board or the Education Officers Electoral Board, | ||
except that the Municipal Officers Electoral Board, the | ||
Township Officers Electoral Board, and the Education Officers | ||
Electoral Board may meet at the location where the governing |
body of the municipality, township, or community college | ||
district, respectively, holds its regularly scheduled | ||
meetings, if that location is available; provided that voter | ||
records may be removed from the offices of an election | ||
authority only at the discretion and under the supervision of | ||
the election authority.
In
those cases where the State Board of | ||
Elections is the electoral board
designated under Section 10-9, | ||
the chair chairman of the State Board of Elections
shall, | ||
within 24 hours after the receipt of the certificate of | ||
nomination
or nomination papers or petitions for a proposed | ||
amendment to Article IV of
the Constitution or proposed | ||
statewide question of public policy, send a
call by registered | ||
or certified mail to the objector who files the
objector's | ||
petition, and either to the candidate whose certificate of
| ||
nomination or nomination papers are objected to or to the | ||
principal
proponent or attorney for proponents of the proposed | ||
Constitutional
amendment or statewide question of public | ||
policy and shall state the day,
hour, and place at which the | ||
electoral board shall meet for the purpose,
which place may be | ||
in the Capitol Building or in the principal or permanent
branch | ||
office of the State Board. The day of the meeting shall not be | ||
less
than 3 nor more than 5 days after the receipt of the | ||
certificate of
nomination or nomination papers and the | ||
objector's petition by the chair chairman
of the electoral | ||
board.
| ||
The electoral board shall have the power to administer |
oaths and to
subpoena and examine witnesses and, at the request | ||
of either party and only upon a vote by a majority of its | ||
members, may authorize the chair
chairman to issue subpoenas | ||
requiring the attendance of witnesses and
subpoenas duces tecum | ||
requiring the production of such books, papers,
records and | ||
documents as may be evidence of any matter under inquiry
before | ||
the electoral board, in the same manner as witnesses are
| ||
subpoenaed in the Circuit Court.
| ||
Service of such subpoenas shall be made by any sheriff or | ||
other
person in the same manner as in cases in such court and | ||
the fees of such
sheriff shall be the same as is provided by | ||
law, and shall be paid by
the objector or candidate who causes | ||
the issuance of the subpoena. In
case any person so served | ||
shall knowingly neglect or refuse to obey any
such subpoena, or | ||
to testify, the electoral board shall at once file a
petition | ||
in the circuit court of the county in which such hearing is to
| ||
be heard, or has been attempted to be heard, setting forth the | ||
facts, of
such knowing refusal or neglect, and accompanying the | ||
petition with a
copy of the citation and the answer, if one has | ||
been filed, together
with a copy of the subpoena and the return | ||
of service thereon, and shall
apply for an order of court | ||
requiring such person to attend and testify,
and forthwith | ||
produce books and papers, before the electoral board. Any
| ||
circuit court of the state, excluding the judge who is sitting | ||
on the electoral
board, upon such showing shall order such | ||
person to appear and testify,
and to forthwith produce such |
books and papers, before the electoral board
at a place to be | ||
fixed by the court. If such person shall knowingly fail
or | ||
refuse to obey such order of the court without lawful excuse, | ||
the court
shall punish him or her by fine and imprisonment, as | ||
the nature of the case
may require and may be lawful in cases | ||
of contempt of court.
| ||
The electoral board on the first day of its meeting shall | ||
adopt rules
of procedure for the introduction of evidence and | ||
the presentation of
arguments and may, in its discretion, | ||
provide for the filing of briefs
by the parties to the | ||
objection or by other interested persons.
| ||
In the event of a State Electoral Board hearing on | ||
objections to a
petition for an amendment to Article IV of the | ||
Constitution
pursuant to Section 3 of Article XIV of the | ||
Constitution, or to a
petition for a question of public policy | ||
to be submitted to the
voters of the entire State, the | ||
certificates of the county clerks and boards
of election | ||
commissioners showing the results of the random sample of
| ||
signatures on the petition shall be prima facie valid and | ||
accurate, and
shall be presumed to establish the number of | ||
valid and invalid
signatures on the petition sheets reviewed in | ||
the random sample, as prescribed
in Section 28-11 and 28-12 of | ||
this Code. Either party, however, may introduce
evidence at | ||
such hearing to dispute the findings as to particular | ||
signatures.
In addition to the foregoing, in the absence of | ||
competent evidence presented
at such hearing by a party |
substantially challenging the results of a random
sample, or | ||
showing a different result obtained by an additional sample,
| ||
this certificate of a county clerk or board of election | ||
commissioners shall
be presumed to establish the ratio of valid | ||
to invalid signatures within
the particular election | ||
jurisdiction.
| ||
The electoral board shall take up the question as to | ||
whether or not
the certificate of nomination or nomination | ||
papers or petitions are in
proper form, and whether or not they | ||
were filed within the time and
under the conditions required by | ||
law, and whether or not they are the
genuine certificate of | ||
nomination or nomination papers or petitions
which they purport | ||
to be, and whether or not in the case of the
certificate of | ||
nomination in question it represents accurately the
decision of | ||
the caucus or convention issuing it, and in general shall
| ||
decide whether or not the certificate of nomination or | ||
nominating papers
or petitions on file are valid or whether the | ||
objections thereto should
be sustained and the decision of a | ||
majority of the electoral board shall
be final subject to | ||
judicial review as provided in Section 10-10.1. The
electoral | ||
board must state its findings in writing and must state in
| ||
writing which objections, if any, it has sustained. A copy of | ||
the decision shall be served upon the parties to the | ||
proceedings in open proceedings before the electoral board. If | ||
a party does not appear for receipt of the decision, the | ||
decision shall be deemed to have been served on the absent |
party on the date when a copy of the decision is personally | ||
delivered or on the date when a copy of the decision is | ||
deposited in the United States mail, in a sealed envelope or | ||
package, with postage prepaid, addressed to each party affected | ||
by the decision or to such party's attorney of record, if any, | ||
at the address on record for such person in the files of the | ||
electoral board.
| ||
Upon the expiration of the period within which a proceeding | ||
for
judicial review must be commenced under Section 10-10.1, | ||
the electoral
board shall, unless a proceeding for judicial | ||
review has been commenced
within such period, transmit, by | ||
registered or certified mail, a
certified copy of its ruling, | ||
together with the original certificate of
nomination or | ||
nomination papers or petitions and the original objector's
| ||
petition, to the officer or board with whom the certificate of
| ||
nomination or nomination papers or petitions, as objected to, | ||
were on
file, and such officer or board shall abide by and | ||
comply with the
ruling so made to all intents and purposes.
| ||
(Source: P.A. 98-115, eff. 7-29-13; 98-691, eff. 7-1-14; 99-78, | ||
eff. 7-20-15; 99-642, eff. 7-28-16.)
| ||
(10 ILCS 5/11-6) (from Ch. 46, par. 11-6)
| ||
Sec. 11-6.
Within 60 days after July 1, 2014 (the effective | ||
date of Public Act 98-691), each election authority shall | ||
transmit to the principal office of the State Board of
| ||
Elections and publish on any website maintained by the election |
authority maps in electronic portable document format (PDF) | ||
showing the current boundaries of all the precincts within its | ||
jurisdiction. Whenever election precincts in an election | ||
jurisdiction have been redivided or readjusted, the county | ||
board or board of election commissioners shall prepare maps in | ||
electronic portable document format (PDF) showing such | ||
election precinct boundaries no later than 90 days before the | ||
next scheduled election. The maps shall show the boundaries of | ||
all political subdivisions and districts. The county board or | ||
board of election commissioners shall immediately forward | ||
copies thereof to the chair chairman of each county central | ||
committee in the county, to each township, ward, or precinct | ||
committeeperson committeeman , and each local election official | ||
whose political subdivision is wholly or partly in the county | ||
and, upon request, shall furnish copies thereof to each | ||
candidate for political or public office in the county and | ||
shall transmit copies thereof to the principal office of the | ||
State Board of Elections and publish copies thereof on any | ||
website maintained by the election authority.
| ||
(Source: P.A. 98-691, eff. 7-1-14; 99-642, eff. 7-28-16.)
| ||
(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 chairman 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 | ||
chairman 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 chairman 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 chairman 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.)
| ||
(10 ILCS 5/13-1.1) (from Ch. 46, par. 13-1.1)
| ||
Sec. 13-1.1.
In addition to the list provided for in | ||
Section 13-1 or 13-2, the chair
chairman of the county central | ||
committee, or each township committeeperson in a county with a | ||
population of more than 3,000,000, of each of the two leading
| ||
political parties shall submit to the county board a | ||
supplemental list,
arranged according to precincts in which | ||
they are to serve, of persons
available as judges of election, | ||
the names and number of all persons listed
thereon to be | ||
acknowledged in writing to the county chair chairman or | ||
township committeeperson, as the case may be, submitting
such | ||
list by the county board. Vacancies among the judges of | ||
election shall
be filled by selection from this supplemental | ||
list of persons qualified
under Section 13-4. If the list | ||
provided for in Section 13-1 or 13-2 for
any precinct is | ||
exhausted, then selection shall be made from the
supplemental | ||
list submitted by the chair chairman of the county central | ||
committee, or each township committeeperson in a county with a | ||
population of more than 3,000,000,
of the party. If such | ||
supplemental list is exhausted for any precinct, then
selection |
shall be made from any of the persons on the supplemental list
| ||
without regard to the precincts in which they are listed to | ||
serve. No
selection or appointment from the supplemental list | ||
shall be made more than
21 days prior to the date of precinct | ||
registration for those judges needed
as precinct registrars, | ||
and more than 60 days prior to the date of
an
election for | ||
those additional persons needed as election judges. In any
case | ||
where selection cannot be made from the supplemental list | ||
without
violating Section 13-4, selection shall be made from | ||
outside the
supplemental list of some person qualified under | ||
Section 13-4.
| ||
(Source: P.A. 98-1171, eff. 6-1-15 .)
| ||
(10 ILCS 5/13-2) (from Ch. 46, par. 13-2)
| ||
Sec. 13-2. In counties under the township organization the | ||
county
board shall at its meeting in July in each even-numbered | ||
year
except in counties containing a population of 3,000,000 | ||
inhabitants or
over and except when such judges are appointed | ||
by election
commissioners, select in each election precinct in | ||
the county, 5 capable
and discreet persons to be judges of | ||
election who shall
possess the
qualifications required by this | ||
Act for such judges. 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. 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.
| ||
However, the county board 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.
| ||
In addition to such precinct judges, the county board 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 |
number of special panels on the number of registered
voters in | ||
the jurisdiction or the number of absentee ballots voted at
| ||
recent elections or any combination of such factors.
| ||
No more than 3 persons of the same political party shall be | ||
appointed
judges in the same election district or undivided | ||
precinct. The election
of the judges of election in the various | ||
election precincts shall be
made in the following manner: The | ||
county board shall
select and approve 3 of the election judges | ||
in each precinct from a
certified list furnished by the chair | ||
chairman of the County Central Committee
of the first leading | ||
political party in such election precinct and shall also
select | ||
and approve 2 judges of election in each election precinct from | ||
a
certified list furnished by the chair chairman of the County | ||
Central Committee
of the second leading political party in such | ||
election precinct. 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. The respective
County Central | ||
Committee chair chairman shall notify the county board by June | ||
1 of
each odd-numbered year immediately preceding the annual | ||
meeting of the county
board whether or not such certified list | ||
will be filed by such chair chairman . Such
list shall be |
arranged according to precincts. The chair chairman 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. Such certified list, if filed, shall be | ||
filed with the county
clerk not less than 20 days before the | ||
annual meeting of the county board. The
county board shall | ||
acknowledge in writing to each county chair chairman 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 | ||
the list is incomplete (that is, no
names or an insufficient | ||
number of names are furnished for certain election
precincts), | ||
the county board shall make or complete such list from the | ||
names
contained in the supplemental list provided for in | ||
Section 13-1.1. Provided,
further, that in any case where a | ||
township has been or shall be redistricted,
in whole or in | ||
part, subsequent to one general election for Governor, and | ||
prior
to the next, the judges of election to be selected for | ||
all new or altered
precincts shall be selected in that one of | ||
the methods above detailed, which
shall be applicable according |
to the facts and circumstances of the particular
case, but the | ||
majority of such judges for each such precinct shall be | ||
selected
from the first leading political party, and the | ||
minority judges from the second
leading political party. | ||
Provided, further, that in counties having a
population of | ||
3,000,000 inhabitants or over the selection of judges of | ||
election
shall be made in the same manner in all respects as in | ||
other counties, except
that the provisions relating to tally | ||
judges are inapplicable to such counties
and except that the | ||
county board shall meet during the month of January for the
| ||
purpose of making such selection, each township | ||
committeeperson shall assume the responsibilities given to the | ||
chair chairman of the county central committee in this Section | ||
for the precincts within his or her township, and the township | ||
committeeperson shall notify the county board by the preceding | ||
October 1 whether or
not the certified list will be filed. Such | ||
judges of election 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 shall fill | ||
all
vacancies in the office of judges of elections at any time | ||
in the manner herein
provided.
| ||
Such selections under this Section shall be confirmed by | ||
the circuit
court as provided in Section 13-3 of this Article.
| ||
(Source: P.A. 100-337, eff. 8-25-17.)
| ||
(10 ILCS 5/13-3) (from Ch. 46, par. 13-3)
|
Sec. 13-3.
After the judges of election have been selected | ||
and approved as
hereinbefore provided, a report of such | ||
selections shall be made by the
county board and filed in the | ||
circuit court, and application shall then be
made by the county | ||
board to the court for their confirmation and
appointment, | ||
whereupon the court shall enter an order that cause be shown,
| ||
if any exists, against the confirmation and appointment of such | ||
persons so
named on or before the opening of the court on a day | ||
to be fixed by the
court. The county board shall immediately | ||
give notice of such order and the
names of all such judges so | ||
reported to such court for confirmation and
their residence and | ||
the precinct for which they were selected by causing
a notice | ||
to be published in one or more newspapers in the
county and if | ||
no
newspaper be published therein then by posting such notice | ||
in 5 of the most
public places in the county. The notice shall | ||
state that a list of judges of
election is available for public | ||
inspection in the office of the election
authority. If no cause | ||
to the contrary is shown prior
to the day fixed, and if, in | ||
each precinct, at least one judge representing
each of the two | ||
major political parties has been certified by the county
clerk | ||
as having satisfactorily completed within the preceding 6 | ||
months the
training course and examination for judges of | ||
election, as provided in
Section 13-2.1 and 13-2.2 of this Act, | ||
such appointment shall be confirmed
by order entered by that | ||
court.
| ||
If in any precinct the requisite 2 judges have not been so |
certified by
the county clerk as having satisfactorily | ||
completed such course and
examination, the county clerk shall | ||
immediately notify all judges in that
precinct, to whose | ||
appointment there is no other objection, that all such
judges | ||
shall attend the next such course. The county clerk shall then
| ||
certify to the court that all such judges have been so notified | ||
(and such
certification need contain no detail other than a | ||
mere recital). The
appointment of such judges shall then be | ||
confirmed by order entered by the
court. If any judge so | ||
notified and so confirmed fails to attend the next
such course, | ||
such failure shall subject such judge to possible removal from
| ||
office at the option of the election authority.
| ||
If objections to the appointment of any judge be filed | ||
prior to the day
fixed by the court for confirmation of judges, | ||
the court shall hear such
objections and the evidence | ||
introduced in support thereof, and shall
confirm or refuse to | ||
confirm such nominations as the interests of the
public may | ||
require. No reasons may be given for the refusal to confirm. If
| ||
any vacancy exists at any time the county board shall, subject | ||
to the
provisions of Section 13-1.1, further report and | ||
nominate persons to fill
such vacancies so existing in the | ||
manner aforesaid, and a court in the same
way shall consider | ||
such nominations and shall confirm or refuse to confirm
the | ||
same in the manner aforesaid. Upon the confirmation of such | ||
judges, at
any time, a commission shall issue to each of such | ||
judges, under the seal
of such court, and appropriate forms |
shall be prepared by the county clerk
of each county for such | ||
purpose and furnished to the county board, and
after | ||
confirmation and acceptance of such commission, such judges | ||
shall
thereupon become officers of such court. If a vacancy | ||
occurs so late that
nomination by the county board and | ||
application to and confirmation by the
court cannot be had | ||
before the election, then the court shall, subject to
the | ||
provisions of Section 13-1.1, make an appointment and issue a
| ||
commission to such officer or officers, and when thus appointed | ||
such
officer shall be considered an officer of the court and | ||
subject to the same
rules as if nominated by the county board | ||
and confirmed by the court, and
any judge, however appointed, | ||
and at whatever time, shall be considered an
officer of court | ||
and be subject to the same control and punishment in case
of | ||
misbehavior. Not more than 10 business days after the day of | ||
election,
the county clerk shall compile a list
containing the | ||
name, address and party affiliation of each judge of
election | ||
who served on the day of election, and
shall preserve such list | ||
and make it available for public inspection
and copying for a | ||
period of not more than one year from the date of receipt
of | ||
such list. Copies of such list shall be available for purchase | ||
at a
cost not to exceed the cost of duplication.
The board has | ||
the right, at any time, in case of
misbehavior or neglect of | ||
duty, to remove any judge of election and cause
such vacancy to | ||
be filled in accordance with this Act. Except for judges
| ||
appointed under subsection (b) of Section 13-4, the board shall |
have
the right, at any time, to remove any judge of election | ||
for failing to vote
the primary ballot of the political party | ||
he represents, at a primary
election at which he served as such | ||
judge, and shall cause such vacancy to
be filled in accordance | ||
with this Act.
The board shall remove any judge of election | ||
who, twice during the same
term of office, fails to provide for | ||
the opening of the polling place at
the time prescribed in | ||
Section 17-1 or Section 18-2, whichever is
applicable, unless | ||
such delay can be demonstrated
by the judge of election to be | ||
beyond his or her control.
In the event that any judge of
| ||
election is removed for cause, the board shall specify such | ||
cause in
writing and make such writing a matter of public | ||
record, with a copy to be
sent to the appropriate county chair | ||
chairman who made the initial recommendation
of the election | ||
judge. If any vacancies occur or exist more than 15 days
before | ||
election the judges appointed to such places must be confirmed | ||
by
such court. The county board shall not voluntarily remove | ||
any judge within
15 days of such election except for flagrant | ||
misbehavior, incapacity or
dishonesty, and the reason therefor | ||
must afterward be reported in writing
to such court and made a | ||
matter of public record, with a copy to be sent to
the | ||
appropriate county chair chairman who made the initial | ||
recommendation of the
election judge. Provided further that | ||
where a vacancy in the office of
judge of election exists 20 | ||
days or less prior to any election in counties
having a | ||
population of 3,000,000 or more inhabitants, or where such |
vacancy
exists 10 days or less prior to any election in | ||
counties having less than
3,000,000 inhabitants, the county | ||
clerk shall, subject to the provisions of
Section 13-1.1, | ||
appoint a person of the same major political party to fill
such | ||
vacancy and issue a commission thereto. The name of the officer | ||
so
appointed shall be reported to the court as a matter of | ||
record and after
acceptance of such commission such person | ||
shall be liable in the same
manner as officers regularly | ||
appointed by the county board and confirmed by
the court. The | ||
county clerk shall have the power on election day to remove
| ||
without cause any judge of election appointed by the other | ||
judges of
election pursuant to Section 13-7 and to appoint | ||
another judge of election
to serve for that election. Such | ||
substitute judge of election must be
selected, where possible, | ||
pursuant to the provisions of Section 13-1.1 and
must be | ||
qualified in accordance with Section 13-4.
| ||
If any precinct has increased in voter registration beyond | ||
the maximum
of 800 provided in Section 11-2, the county clerk | ||
may appoint one
additional judge of election from each | ||
political party for each 200 voters
in excess of 800.
| ||
(Source: P.A. 90-672, eff. 7-31-98; 91-352, eff. 1-1-00.)
| ||
(10 ILCS 5/13-4) (from Ch. 46, par. 13-4)
| ||
Sec. 13-4. Qualifications.
| ||
(a) All persons elected or chosen judge of election must: | ||
(1) be
citizens of the United States and entitled to vote at |
the next election,
except as provided in subsection (b) or (c);
| ||
(2) be of good repute and character and not subject to the | ||
registration requirement of the Sex Offender Registration Act; | ||
(3) be able to speak, read and write
the English language; (4) | ||
be skilled in the four fundamental rules of
arithmetic; (5) be | ||
of good understanding and capable; (6) not be candidates
for | ||
any office at the election and not be elected committeepersons | ||
committeemen ; and (7)
reside in the precinct in which they are | ||
selected to act, except that in
each precinct, not more than | ||
one judge of each party may be appointed from
outside such | ||
precinct. Any judge selected to serve in any precinct in which
| ||
he is not entitled to vote must reside within and be entitled | ||
to vote
elsewhere within the county which encompasses the | ||
precinct in which such
judge is appointed, except as provided | ||
in subsection (b) or (c). Such judge
must meet the other | ||
qualifications of this
Section.
| ||
(b) An election authority may establish a program to permit | ||
a person who
is not entitled to vote to be appointed as an | ||
election judge if, as of the date
of the election at which the | ||
person serves as a judge, he or she:
| ||
(1) is a U.S. citizen;
| ||
(2) is a junior or senior in good standing enrolled in | ||
a public or private secondary
school;
| ||
(3) has a cumulative grade point average equivalent to | ||
at least 3.0 on a
4.0 scale;
| ||
(4) has the written approval of the principal of the |
secondary school he
or she attends at the time of | ||
appointment;
| ||
(5) has the written approval of his or her parent or | ||
legal guardian;
| ||
(6) has satisfactorily completed the training course | ||
for judges of
election
described in Sections 13-2.1 and | ||
13-2.2; and
| ||
(7) meets all other qualifications for appointment and | ||
service as an
election judge.
| ||
No more than one election judge qualifying under this | ||
subsection may serve
per political party per precinct.
Prior to | ||
appointment, a judge qualifying under this subsection must | ||
certify
in writing to the election authority the political | ||
party the judge chooses to
affiliate with.
| ||
Students appointed as election judges under this | ||
subsection
shall not be counted as absent from school on the | ||
day they serve as judges.
| ||
(c) An election authority may establish a program to permit | ||
a person who
is not entitled to vote in that precinct or county | ||
to be appointed as an
election judge if, as of the date of the | ||
election at which the person serves as
a judge, he or she:
| ||
(1) is a U.S. citizen;
| ||
(2) is currently enrolled in a community college, as | ||
defined in the Public Community College Act, or a public or | ||
private Illinois university or
college;
| ||
(3) has a cumulative grade point average equivalent to |
at least 3.0 on a
4.0 scale;
| ||
(4) has satisfactorily completed the training course | ||
for judges of
election described in Sections 13-2.1 and | ||
13-2.2; and
| ||
(5) meets all other qualifications for appointment and | ||
service as an
election judge.
| ||
No more than one election judge qualifying under this | ||
subsection may serve
per political party per precinct.
Prior to | ||
appointment, a judge qualifying under this subsection must | ||
certify
in writing to the election authority the political | ||
party the judge chooses to
affiliate with.
| ||
Students appointed as election judges under this | ||
subsection
shall not be counted as absent from school on the | ||
day they serve as judges.
| ||
(Source: P.A. 95-699, eff. 11-9-07; 95-818, eff. 1-1-09; | ||
96-328, eff. 8-11-09.)
| ||
(10 ILCS 5/14-1) (from Ch. 46, par. 14-1)
| ||
Sec. 14-1. (a) The board of election commissioners | ||
established
or existing under Article 6 shall, at the time and | ||
in the
manner provided in Section 14-3.1, select and choose 5 | ||
persons,
men or women, as judges of election for each precinct | ||
in such
city, village or incorporated town.
| ||
Where neither voting machines nor electronic, mechanical | ||
or
electric voting systems are used, the board of election
| ||
commissioners 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
14-5.2, shall count the vote after the | ||
closing of the polls.
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.
The foregoing provisions relating to | ||
the appointment of tally
judges are inapplicable in counties | ||
with a population of
1,000,000 or more.
| ||
(b) To qualify as judges the persons must:
| ||
(1) be citizens of the United States;
| ||
(2) be of good repute and character and not subject to | ||
the registration requirement of the Sex Offender | ||
Registration Act;
| ||
(3) be able to speak, read and write the English | ||
language;
| ||
(4) be skilled in the 4 fundamental rules of | ||
arithmetic;
| ||
(5) be of good understanding and capable;
| ||
(6) not be candidates for any office at the election | ||
and not
be elected committeepersons committeemen ;
|
(7) reside and be entitled to vote in the precinct in | ||
which
they are selected to serve, except that in each | ||
precinct not
more than one judge of each party may be | ||
appointed from outside
such precinct. Any judge so | ||
appointed to serve in any precinct
in which he is not | ||
entitled to vote must be entitled to vote
elsewhere within | ||
the county which encompasses the precinct in
which such | ||
judge is appointed and such judge must otherwise
meet the | ||
qualifications of this Section, except as provided in | ||
subsection (c)
or (c-5).
| ||
(c) An election authority may establish a program to permit | ||
a person who
is not entitled to vote
to be appointed as an | ||
election judge if, as of the date of the election at
which the | ||
person serves as a judge, he or she:
| ||
(1) is a U.S. citizen;
| ||
(2) is a junior or senior in good standing enrolled in | ||
a public or private secondary
school;
| ||
(3) has a cumulative grade point average equivalent to | ||
at least 3.0 on a
4.0 scale;
| ||
(4) has the written approval of the principal of the | ||
secondary school he
or she attends at the time of | ||
appointment;
| ||
(5) has the written approval of his or her parent or | ||
legal guardian;
| ||
(6) has satisfactorily completed the training course | ||
for judges of
election
described in Sections 13-2.1, |
13-2.2, and 14-4.1; and
| ||
(7) meets all other qualifications for appointment and | ||
service as an
election judge.
| ||
No more than one election judge qualifying under this | ||
subsection may serve
per political party per precinct.
Prior to | ||
appointment, a judge qualifying under this subsection must | ||
certify
in writing to the election authority the political | ||
party the judge chooses to
affiliate with.
| ||
Students appointed as election judges under this | ||
subsection
shall not be counted as absent from school on the | ||
day they serve as judges.
| ||
(c-5) An election authority may establish a program to | ||
permit a person who
is not entitled to vote in that precinct or | ||
county to be appointed as an
election judge if, as of the date | ||
of the election at which the person serves as
a judge, he or | ||
she:
| ||
(1) is a U.S. citizen;
| ||
(2) is currently enrolled in a community college, as | ||
defined in the Public Community College Act, or a public or | ||
private Illinois university or
college;
| ||
(3) has a cumulative grade point average equivalent to | ||
at least 3.0 on a
4.0 scale;
| ||
(4) has satisfactorily completed the training course | ||
for judges of
election
described in Sections 13-2.1, | ||
13-2.2, and 14-4.1; and
| ||
(5) meets all other qualifications for appointment and |
service as an
election judge.
| ||
No more than one election judge qualifying under this | ||
subsection may serve
per political party per precinct.
Prior to | ||
appointment, a judge qualifying under this subsection must | ||
certify
in writing to the election authority the political | ||
party the judge chooses to
affiliate with.
| ||
Students appointed as election judges under this | ||
subsection
shall not be counted as absent from school on the | ||
day they serve as judges.
| ||
(d) The board of election commissioners may select 2 | ||
additional
judges of election, one from each of the major | ||
political parties,
for each 200 voters in excess of 600 in any | ||
precinct having more
than 600 voters as authorized
by Section | ||
11-3. These additional judges must meet the
qualifications | ||
prescribed in this Section.
| ||
(Source: P.A. 95-699, eff. 11-9-07; 95-818, eff. 1-1-09; | ||
96-328, eff. 8-11-09 .)
| ||
(10 ILCS 5/14-3.1) (from Ch. 46, par. 14-3.1)
| ||
Sec. 14-3.1. The board of election commissioners shall, | ||
during the
month of July of each even-numbered year,
select
for | ||
each election precinct within the jurisdiction of the board 5
| ||
persons to be judges of election who shall possess the | ||
qualifications
required by this Act for such judges. The | ||
selection shall be made by a
county board of election | ||
commissioners in the following manner: the county
board of |
election commissioners shall select and approve 3 persons as | ||
judges of
election in each election precinct from a certified | ||
list
furnished by the chair chairman of the county central | ||
committee of the first leading
political party in that | ||
precinct; the county board of election commissioners
also shall | ||
select and approve 2 persons as judges of election in each | ||
election
precinct from a certified list furnished by the chair | ||
chairman of the county central
committee of the second leading | ||
political party in that precinct. The
selection by a municipal | ||
board of election commissioners shall be made in the
following | ||
manner: for each precinct, 3 judges shall be selected from one | ||
of
the 2 leading political parties and the other 2 judges shall | ||
be selected from
the other leading political party; the parties | ||
entitled to 3 and 2
judges, respectively, in the several | ||
precincts shall be determined as provided
in Section 14-4. | ||
However, a Board of Election Commissioners may
appoint
three | ||
judges of election to serve in lieu of the 5 judges of election | ||
otherwise
required by this Section 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.
| ||
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 as set forth in this Section for a county | ||
board of
election commissioners' selection of 5 election judges | ||
in each precinct or in
Section 14-4 for a municipal board of | ||
election commissioners' selection of
election judges in each | ||
precinct, whichever is appropriate. In addition to
such | ||
precinct judges, the board of election 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
regulation of | ||
the State Board of Elections, which shall base the required
| ||
number of special panels on the number of registered voters in | ||
the jurisdiction
or the number of absentee ballots voted at | ||
recent elections or any combination
of such factors. A | ||
municipal board of election
commissioners shall make the
| ||
selections of persons qualified under Section 14-1 from | ||
certified lists
furnished by the chair chairman of the | ||
respective county central committees, or each ward | ||
committeeperson in a municipality of 500,000 or more | ||
inhabitants, of the 2
leading political parties. Lists | ||
furnished by chairmen of county central
committees or ward | ||
committeepersons, as the case may be, under this Section shall | ||
be arranged
according to precincts. The chair chairman of each | ||
county central committee or ward committeepersons, as the case |
may be, 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 board of election commissioners shall no later than | ||
March 1 of each
even-numbered year notify the chairmen
of the | ||
respective county central committees or ward committeepersons, | ||
as the case may be, of their responsibility to
furnish such | ||
lists, and each such chair chairman shall furnish the board of
| ||
election commissioners with the list for his party on or before | ||
May 1 of each
even-numbered year. The
board of election | ||
commissioners shall acknowledge in writing to each
county chair | ||
chairman or ward committeepersons, as the case may be, the | ||
names of all persons submitted on such certified
list and the | ||
total number of persons listed thereon. If no such list is
| ||
furnished or if no names or an insufficient number of names are
| ||
furnished for certain precincts, the board of election | ||
commissioners
shall make or complete such list from the names | ||
contained in the
supplemental list provided for in Section | ||
14-3.2. Judges of election
shall hold their office for 2 years | ||
from their appointment and until
their successors are duly |
appointed in the manner herein provided. The
board of election | ||
commissioners shall, subject to the provisions of
Section | ||
14-3.2, fill all vacancies in the office of judges of election
| ||
at any time in the manner herein provided.
| ||
Such selections under this Section shall be confirmed by | ||
the court as
provided in Section 14-5.
| ||
(Source: P.A. 98-1171, eff. 6-1-15 .)
| ||
(10 ILCS 5/14-3.2) (from Ch. 46, par. 14-3.2)
| ||
Sec. 14-3.2.
In addition to the list provided for in | ||
Section 14-3.1, the chair chairman of
the county central | ||
committee, or each ward committeeperson in a municipality of | ||
500,000 or more inhabitants, of each of the 2 leading political | ||
parties
shall furnish to the board of election commissioners a | ||
supplemental list,
arranged according to precinct in which they | ||
are to serve, of persons
available as judges of election, the | ||
names and number of all persons listed
thereon to be | ||
acknowledged in writing to the county chair chairman or ward | ||
committeepersons, as the case may be, submitting
such list by | ||
the board of election commissioners. The board of election
| ||
commissioners shall select from this supplemental list persons | ||
qualified
under Section 14-1, to fill vacancies among the | ||
judges of election. If the
list provided for in Section 14-3.1 | ||
for any precinct is exhausted, then
selection shall be made | ||
from the supplemental list furnished by the chair
chairman of | ||
the county central committee or ward committeepersons, as the |
case may be, of the party. If such supplemental
list is | ||
exhausted for any precinct, then selection shall be made from | ||
any
of the persons on the supplemental list without regard to | ||
the precincts in
which they are listed to serve. No selection | ||
or appointment from the
supplemental list shall be made more | ||
than 21 days prior to the date of
precinct registration for | ||
those judges needed as precinct registrars, and
more than 60 | ||
days prior to the date of an election for those
additional
| ||
persons needed as election judges. In any case where selection | ||
cannot be
made from the supplemental list without violating | ||
Section 14-1, selection
shall be made from outside the | ||
supplemental list of some person qualified
under Section 14-1.
| ||
(Source: P.A. 98-1171, eff. 6-1-15 .)
| ||
(10 ILCS 5/14-5) (from Ch. 46, par. 14-5)
| ||
Sec. 14-5.
After the judges are selected and have agreed to | ||
serve as
provided in Sections 14-1 to 14-4, inclusive, then a | ||
report of such
selections shall be made and filed in the court, | ||
and application shall then
be made by the board to the circuit | ||
court for their confirmation and
appointment, whereupon the | ||
court shall enter an order that cause be shown,
if any exists, | ||
against the confirmation and appointment of such persons so
| ||
named, on or before the opening of the court on a day to be | ||
fixed by the
court. And the board of commissioners shall | ||
immediately give notice of such
order and the names of all such | ||
judges so reported to such court for
confirmation, and their |
residence and the precinct for which they were
selected, by | ||
causing a notice to be published in one or more
newspapers in
| ||
such city, village or incorporated town, and if no newspaper be | ||
published
in such city, village or incorporated town, then by | ||
posting such notice in
3 of the most public places in such | ||
city, village or town. The notice shall
state that a list of | ||
judges of election is available for public inspection in
the | ||
office of the election authority. If no cause
to the contrary | ||
is shown prior to the day fixed, and if, in each precinct,
at | ||
least one judge representing each of the two major political | ||
parties has
been certified by the board of commissioners as | ||
having satisfactorily
completed within the preceding 6 months | ||
the training course and examination
for judges of election, as | ||
provided in Section 14-4.1 of this Act such
appointments shall | ||
be confirmed by order entered by that court.
| ||
If in any precinct the requisite 2 judges have not been so | ||
certified by
the board of commissioners as having | ||
satisfactorily completed such course
and examination, the | ||
board of commissioners shall immediately notify all
judges in | ||
that precinct, to whose appointment there is no other | ||
objection,
that all such judges shall attend the next such | ||
course. The board of
commissioners shall then certify to the | ||
court that all such judges have
been so notified (and such | ||
certification need contain no detail other than
a mere | ||
recital). The appointment of such judges shall then be | ||
confirmed by
order entered by the court. If any judge so |
notified and so confirmed fails
to attend the next such course, | ||
such failure shall subject such judge to
possible removal from | ||
office at the option of the election authority.
| ||
If objections to the appointment of any such judge is filed | ||
prior to the
day fixed by the court for confirmation of judges, | ||
the court shall hear
such objections and the evidence | ||
introduced in support thereof, and shall
confirm or refuse to | ||
confirm such nominations, as the interests of the
public may | ||
require. No reasons may be given for the refusal to confirm. If
| ||
any vacancies exist by reason of the action of such board or | ||
otherwise, at
any time, the board of commissioners shall, | ||
subject to the provisions of
Section 14-3.2, further report and | ||
nominate persons to fill such vacancies
so existing in the | ||
manner aforesaid, and a court in the same way shall
consider | ||
such nominations and shall confirm or refuse to confirm the | ||
same
in the manner aforesaid. Upon the confirmation of such | ||
judges, at any time,
a commission shall issue to each of such | ||
judges, under the seal of such
court, and appropriate forms | ||
shall be prepared by the board of
commissioners for such | ||
purpose. After such confirmation and acceptance of
such | ||
commission, such judges shall thereupon become officers of such | ||
court.
If a vacancy occurs so late that application to and | ||
confirmation by the
court cannot be had before the election, | ||
then the board of commissioners
shall, subject to the | ||
provisions of Section 14-3.2, make an appointment and
issue a | ||
commission to such officer or officers, and when thus appointed
|
such officer shall be considered an officer of the court and | ||
subject to the
same rules and punishment, in case of | ||
misbehavior, as if confirmed by the
court, and any judge, | ||
however appointed, and at whatever time, shall be
considered an | ||
officer of court, and be subject to the same control and
| ||
punishment in case of misbehavior. Not more than 10 business | ||
days after the
day of election, the board of election | ||
commissioners shall compile a list
containing the name, address | ||
and party affiliation of each judge of
election who served on | ||
the day of election, and shall preserve such list
and make it | ||
available for public inspection and copying for a period of not
| ||
more than one year from the date of receipt of such list. | ||
Copies of such
list shall be available for purchase at a cost | ||
not to exceed the cost of
duplication. The board of | ||
commissioners has the right
at any time, in case of misbehavior | ||
or neglect of duty, to remove any judge
of election, and shall | ||
cause such vacancy to be filled in accordance with
this Act. | ||
Except for judges appointed under subsection (c) of Section | ||
14-1,
the board has the right, at any time, to remove any judge | ||
of
election for failing to vote the primary ballot of the | ||
political party he
represents at a primary election at which he | ||
served as such judge, and
shall cause such vacancy to be filled | ||
in accordance with this Act.
The board shall remove any judge | ||
of election who, twice during the same
term of office, fails to | ||
provide for the opening of the polling place at
the time | ||
prescribed in Section 17-1 or Section 18-2, whichever is
|
applicable, unless such delay can be demonstrated
by the judge | ||
of election to be beyond his or her control. In the
event that | ||
any judge of election is removed for cause, the board shall
| ||
specify such cause in writing and make such writing a matter of | ||
public
record, with a copy to be sent to the appropriate county | ||
chair chairman who made
the initial recommendation of the | ||
election judges. The judges of election
must be appointed and | ||
confirmed at least 35 days prior to the next
election.
| ||
If any vacancy shall occur or exist, more than 5 days | ||
before election
the judges appointed to such places must be | ||
confirmed by such court. Such
commissioners shall not | ||
voluntarily remove any judge within 5 days of such
election, | ||
except for flagrant misbehavior, incapacity or dishonesty, and
| ||
the reasons therefor must afterwards be reported in writing to | ||
such court
and made a matter of public record, with a copy to | ||
be sent to the
appropriate county chair chairman who made the | ||
initial recommendation of the
election judge. If such removal | ||
be wilful and without cause, the
commissioners shall be | ||
punished for contempt of court and subject to
removal. The | ||
board of election commissioners shall have the power on
| ||
election day to remove without cause any judge of election | ||
appointed by the
other judges of election pursuant to Section | ||
14-6 and to appoint another
judge of election to serve for that | ||
election. Such substitute judge of
election must be selected, | ||
where possible, pursuant to the provisions of
Section 14-3.2 | ||
and must be qualified in accordance with Section 14-1.
|
(Source: P.A. 90-672, eff. 7-31-98; 91-352, eff. 1-1-00.)
| ||
(10 ILCS 5/17-18.1) (from Ch. 46, par. 17-18.1)
| ||
Sec. 17-18.1.
Wherever the judicial retention ballot to be | ||
used in
any general election contains the names of more than 15 | ||
judges on a
separate paper ballot, the County Clerk or Board of | ||
Election
Commissioners as the case may be, shall designate | ||
special judges of
election for the purpose of tallying and | ||
canvassing the votes cast for
and against the propositions for | ||
the retention of judges in office in
such places and at such | ||
times as the County Clerk or Board of Election
Commissioners | ||
determine. Special judges of election shall be designated
from | ||
certified lists submitted by the respective chairmen of the | ||
county
central committees of the two leading political parties. | ||
In the event
that the County Clerk or Board of Election | ||
Commissioners as the case may
be, decides that the counting of | ||
the retention ballots shall be
performed in the precinct where | ||
such ballots are cast, 2 special judges
of election shall be | ||
designated to tally and canvass the vote of each
precinct with | ||
one being named from each of the 2 leading political
parties.
| ||
In the event that the County Clerk or Board of Election | ||
Commissioners
decides that the judicial retention ballots from | ||
several precincts shall
be tallied and canvassed in a central | ||
or common location, then each
major political party shall be | ||
entitled to an equal number of special
election judges in each | ||
such central or common location. The County
Clerk or Board of |
Election Commissioners, as the case may be, shall
inform, no | ||
later than 75 days prior to such election, the respective
| ||
chairmen of the county central committees of the location or | ||
locations
where the counting of retention ballots will be done, | ||
the number of names
to be included on the certified lists, and | ||
the number of special
election judges to be selected from those | ||
lists. If the certified list
for either party is not submitted | ||
within thirty days after the chairmen
have been so informed, | ||
the County Clerk or Board of Election
Commissioners shall | ||
designate special judges of election for that party
in whatever | ||
manner it determines.
| ||
The County Clerk or Board of Election Commissioners shall | ||
apply to
the Circuit Court for the confirmation of the special | ||
judges of election
designated under this Section. The court | ||
shall confirm or refuse to
confirm such designations as the | ||
interest of the public may require.
Those confirmed shall be | ||
officers of the court and subject to its
disciplinary powers.
| ||
The County Clerk or Board of Election Commissioners shall, | ||
in the
exercise of sound discretion, prescribe the forms, | ||
materials and
supplies together with the procedures for | ||
completion and return thereof
for use in such election by | ||
special judges of election. The special
judges of election | ||
designated under this Section shall have full
responsibility | ||
and authority for tallying and canvassing the votes
pertaining | ||
to the retention of judges and the return of ballots and
| ||
supplies.
|
If the County Clerk or Board of Election Commissioners | ||
decides that
the counting of the retention ballots shall be | ||
performed in the precinct
where such ballots were cast, at | ||
least 2 ballot boxes shall be provided
for paper retention | ||
ballots, one of which shall be used from the opening
of the | ||
polls until 9:00 a.m. and from 12:00 noon until 3:00 p.m. and | ||
the
second of which shall be used from 9:00 a.m. until 12:00 | ||
noon and from
3:00 p.m. until the closing of the polls; | ||
provided that if additional
ballot boxes are provided, the | ||
additional boxes shall be used instead of
reusing boxes used | ||
earlier. At the close of each such period of use, a
ballot box | ||
used for retention ballots shall be immediately unsealed and
| ||
opened and the ballots therein counted and tallied by the | ||
special judges
of election. After counting and tallying the | ||
retention ballots, the
special judges of election shall place | ||
the counted ballots in a
container provided for that purpose by | ||
the County Clerk or Board of
Election Commissioners and clearly | ||
marked with the appropriate printing
and shall thereupon seal | ||
such container. One such container shall be
provided for each | ||
of the four time periods and clearly designated as the
| ||
container for the respective period. The tally shall be | ||
recorded on
sheets provided by the County Clerk or Board of | ||
Election Commissioners
and designated as tally sheets for the | ||
respective time periods. Before a
ballot box may be reused, it | ||
shall in the presence of all of the judges
of election be | ||
verified to be empty, whereupon it shall be resealed.
After the |
close of the polls, and after the tally of votes cast by vote | ||
by mail
voters, the special judges of election shall add | ||
together the
tallies of all the ballot boxes used throughout | ||
the day, and complete
the canvass of votes for retention of | ||
judges in the manner established
by this Act. All of these | ||
procedures shall be carried out within the
clear view of the | ||
other judges of election. The sealed containers of
used | ||
retention ballots shall be returned with other voted ballots to | ||
the
County Clerk or Board of Election Commissioners in the | ||
manner provided
by this Act.
| ||
The compensation of a special judge of election may not | ||
exceed $30
per judge per precinct or district canvassed.
| ||
This Section does not affect any other office or the | ||
conduct of any
other election held at the same time as the | ||
election for the retention
of judges in office.
| ||
(Source: P.A. 98-1171, eff. 6-1-15 .)
| ||
(10 ILCS 5/17-22) (from Ch. 46, par. 17-22) | ||
Sec. 17-22. The judges of election shall make the tally | ||
sheet and
certificate of results in triplicate. If, however, | ||
the number of
established political parties, as defined in | ||
Section 10-2, exceeds 2,
one additional copy shall be made for | ||
each established political party
in excess of 2. One list of | ||
voters, or other proper return with such
certificate written | ||
thereon, and accompanying tally sheet footed up so
as to show | ||
the correct number of votes cast for each person voted for,
|
shall be carefully enveloped and sealed up by the judges of | ||
election, 2
of whom (one from each of the 2 major political | ||
parties) shall
immediately deliver same to the county clerk, or | ||
his deputy, at the
office of the county clerk, or to an | ||
officially designated receiving
station established by the | ||
county clerk where a duly authorized
representative of the | ||
county clerk shall receive said envelopes for
immediate | ||
transmission to the office of county clerk, who shall safely
| ||
keep them. The other certificates of results and accompanying | ||
tally
sheet shall be carefully enveloped and sealed up and duly | ||
directed,
respectively, to the chairp chairman of the county | ||
central committee of each
then existing established political | ||
party, and by another of the judges
of election deposited | ||
immediately in the nearest United States letter
deposit. | ||
However, if any county chair chairman notifies the county clerk | ||
not
later than 10 days before the election of his desire to | ||
receive the
envelope addressed to him at the point and at the | ||
time same are
delivered to the county clerk, his deputy or | ||
receiving station designee
the envelopes shall be delivered to | ||
such county chair chairman or his designee
immediately upon | ||
receipt thereof by the county clerk, his deputy or his
| ||
receiving station designee. The person or persons so designated | ||
by a
county chair chairman shall sign an official receipt | ||
acknowledging receipt of
said envelopes. The poll book and | ||
tally list filed with the county clerk
shall be kept one year, | ||
and certified copies thereof shall be evidence
in all courts, |
proceedings and election contests. Before the returns are
| ||
sealed up, as aforesaid, the judges shall compare the tally | ||
papers,
footings and certificates and see that they are correct | ||
and duplicates
of each other, and certify to the correctness of | ||
the same. | ||
At the consolidated election, the judges of election
shall | ||
make a tally sheet and certificate of results for each | ||
political
subdivision for which candidates or public questions | ||
are on the ballot
at such election, and shall sign, seal in a | ||
marked envelope and deliver
them to the county clerk with the | ||
other certificates of results herein
required. Such tally | ||
sheets and certificates of results may be
duplicates of the | ||
tally sheet and certificate of results otherwise
required by | ||
this Section, showing all votes for all candidates and
public | ||
questions voted for or upon in the precinct, or may be on
| ||
separate forms prepared by the election authority and showing | ||
only those
votes cast for candidates and public questions of | ||
each such political
subdivision. | ||
Within 2 days of delivery of complete returns of the | ||
consolidated election, the county clerk shall transmit an | ||
original,
sealed tally sheet and certificate of results from | ||
each precinct in his
jurisdiction in which candidates or public | ||
questions of a political
subdivision were on the ballot to the | ||
local election official of such
political subdivision. Each | ||
local election official, within 24 hours of
receipt of all of | ||
the tally sheets and certificates of results for all
precincts |
in which candidates or public questions of his political
| ||
subdivision were on the ballot, shall transmit such sealed | ||
tally sheets
and certificates of results to the canvassing | ||
board for that political
subdivision. | ||
In the case of referenda for the formation of a political
| ||
subdivision, the tally sheets and certificates of results shall | ||
be
transmitted by the county clerk to the circuit court that | ||
ordered the
proposition submitted or to the officials | ||
designated by the court to
conduct the canvass of votes. In the | ||
case of school referenda for which
a regional superintendent of | ||
schools is responsible for the canvass of
votes, the county | ||
clerk shall transmit the tally sheets and certificates
of | ||
results to the regional superintendent of schools. | ||
Where voting machines or electronic voting systems are | ||
used, the
provisions of this section may be modified as | ||
required or authorized by
Article 24 or Article 24A, whichever | ||
is applicable. | ||
Only judges appointed under the provisions of subsection | ||
(a) of Section 13-4 or subsection (b) of Section 14-1 may make | ||
any delivery required by this Section from judges of election | ||
to a county clerk, or his or her deputy, at the office of the | ||
county clerk or to a county clerk's duly authorized | ||
representative at the county clerk's officially designated | ||
receiving station. | ||
(Source: P.A. 96-1003, eff. 7-6-10.)
|
(10 ILCS 5/17-23) (from Ch. 46, par. 17-23)
| ||
Sec. 17-23. Pollwatchers in a general election shall be | ||
authorized in
the following manner:
| ||
(1) Each established political party shall be entitled to | ||
appoint
two pollwatchers per precinct. Such pollwatchers must | ||
be affiliated
with the political party for which they are | ||
pollwatching. For all
elections, the pollwatchers must be
| ||
registered to vote in Illinois.
| ||
(2) Each candidate shall be entitled to appoint two | ||
pollwatchers per
precinct. For all elections, the pollwatchers | ||
must be
registered to vote
in Illinois.
| ||
(3) Each organization of citizens within the county or | ||
political
subdivision, which has among its purposes or | ||
interests the investigation
or prosecution of election frauds, | ||
and which shall have registered its
name and address and the | ||
name and addresses of its principal officers
with the proper | ||
election authority at least 40 days before the election,
shall | ||
be entitled to appoint one pollwatcher per precinct. For all
| ||
elections, the pollwatcher must be registered to vote in
| ||
Illinois.
| ||
(3.5) Each State nonpartisan civic organization within the | ||
county or political subdivision shall be entitled to appoint | ||
one pollwatcher per precinct, provided that no more than 2 | ||
pollwatchers appointed by State nonpartisan civic | ||
organizations shall be present in a precinct polling place at | ||
the same time. Each organization shall have registered the |
names and addresses of its principal officers with the proper | ||
election authority at least 40 days before the election. The | ||
pollwatchers must be registered to vote in Illinois. For the | ||
purpose of this paragraph, a "State nonpartisan civic | ||
organization" means any corporation, unincorporated | ||
association, or organization that: | ||
(i) as part of its written articles of incorporation, | ||
bylaws, or charter or by separate written declaration, has | ||
among its stated purposes the provision of voter | ||
information and education, the protection of individual | ||
voters' rights, and the promotion of free and equal | ||
elections; | ||
(ii) is organized or primarily conducts its activities | ||
within the State of Illinois; and | ||
(iii) continuously maintains an office or business | ||
location within the State of Illinois, together with a | ||
current listed telephone number (a post office box number | ||
without a current listed telephone number is not | ||
sufficient).
| ||
(4) In any general election held to elect candidates for | ||
the offices of
a municipality of less than 3,000,000 population | ||
that is situated in 2 or
more counties, a pollwatcher who is a | ||
resident of Illinois shall be eligible to serve as a
| ||
pollwatcher in any poll located within such
municipality, | ||
provided that such pollwatcher otherwise complies with the
| ||
respective requirements of subsections (1) through (3) of this |
Section and
is a registered voter in Illinois.
| ||
(5) Each organized group of proponents or opponents of a | ||
ballot
proposition, which shall have registered the name and | ||
address of its
organization or committee and the name and | ||
address of its chair chairman with the
proper election | ||
authority at least 40 days before the election, shall be
| ||
entitled to appoint one pollwatcher per precinct. The | ||
pollwatcher
must be
registered to vote in Illinois.
| ||
All pollwatchers shall be required to have proper | ||
credentials. Such
credentials shall be printed in sufficient | ||
quantities, shall be issued
by and under the facsimile | ||
signature(s) of the election authority or the State Board of | ||
Elections and
shall be available for distribution by the | ||
election authority and State Board of Elections at least 2 | ||
weeks prior to the
election. Such credentials shall be | ||
authorized by the real or facsimile
signature of the State or | ||
local party official or the candidate or the
presiding officer | ||
of the civic organization or the chair chairman of the
| ||
proponent or opponent group, as the case may be. Neither the | ||
election authority nor the State Board of Elections may require | ||
any such party official or the candidate or the presiding | ||
officer of the civic organization or the chair chairman of the | ||
proponent or opponent group to submit the names or other | ||
information concerning pollwatchers before making credentials | ||
available to such persons or organizations.
| ||
Pollwatcher credentials shall be in substantially the |
following form:
| ||
POLLWATCHER CREDENTIALS
| ||
TO THE JUDGES OF ELECTION:
| ||
In accordance with the provisions of the Election
Code, the | ||
undersigned hereby appoints .......... (name of pollwatcher)
| ||
who resides at ........... (address) in the county
of | ||
..........., .......... (township or municipality)
of | ||
........... (name), State of Illinois and who is duly | ||
registered
to vote from this address, to act as a pollwatcher | ||
in the
........... precinct of the ........... ward (if | ||
applicable)
of the ........... (township or municipality) of | ||
........... at the
........... election to be held on (insert | ||
date).
| ||
........................ (Signature of Appointing Authority)
| ||
......................... TITLE (party official, candidate,
| ||
civic organization president,
| ||
proponent or opponent group | ||
chair chairman )
| ||
Under penalties provided by law pursuant to Section 29-10 | ||
of the
Election Code, the undersigned pollwatcher certifies | ||
that he or she resides
at ................ (address) in the | ||
county of ............, .........
(township or municipality) | ||
of ........... (name), State of Illinois, and is
duly | ||
registered to vote in Illinois.
|
.......................... .......................
| ||
(Precinct and/or Ward in (Signature of Pollwatcher)
| ||
Which Pollwatcher Resides)
| ||
Pollwatchers must present their credentials to the Judges | ||
of Election
upon entering the polling place. Pollwatcher | ||
credentials properly
executed and signed shall be proof of the | ||
qualifications of the
pollwatcher authorized thereby. Such | ||
credentials are retained by the
Judges and returned to the | ||
Election Authority at the end of the day of
election with the | ||
other election materials. Once a pollwatcher has
surrendered a | ||
valid credential, he may leave and reenter the polling place
| ||
provided that such continuing action does not disrupt the | ||
conduct of the
election. Pollwatchers may be substituted during | ||
the course of the day, but
established political parties, | ||
candidates and qualified civic organizations
can have only as | ||
many pollwatchers at any given time as are authorized in
this | ||
Article. A substitute must present his signed credential to the
| ||
judges of election upon entering the polling place. Election | ||
authorities
must provide a sufficient number of credentials to | ||
allow for substitution
of pollwatchers. After the polls have | ||
closed pollwatchers shall be allowed
to remain until the | ||
canvass of votes is completed; but may leave and
reenter only | ||
in cases of necessity, provided that such action is not so
| ||
continuous as to disrupt the canvass of votes.
| ||
Candidates seeking office in a district or municipality |
encompassing 2
or more counties shall be admitted to any and | ||
all polling places throughout
such district or municipality | ||
without regard to the counties in which such
candidates are | ||
registered to vote. Actions of such candidates shall be
| ||
governed in each polling place by the same privileges and | ||
limitations that
apply to pollwatchers as provided in this | ||
Section. Any such candidate who
engages in an activity in a | ||
polling place which could reasonably be
construed by a majority | ||
of the judges of election as campaign activity
shall be removed | ||
forthwith from such polling place.
| ||
Candidates seeking office in a district or municipality | ||
encompassing 2 or
more counties who desire to be admitted to | ||
polling places on election day
in such district or municipality | ||
shall be required to have proper
credentials. Such credentials | ||
shall be printed in sufficient quantities,
shall be issued by | ||
and under the facsimile signature of the State Board of | ||
Elections or the
election authority of the election | ||
jurisdiction where the polling place in
which the candidate | ||
seeks admittance is located, and shall be available for
| ||
distribution at least 2 weeks prior to the election. Such | ||
credentials shall
be signed by the candidate.
| ||
Candidate credentials shall be in substantially the | ||
following form:
| ||
CANDIDATE CREDENTIALS
| ||
TO THE JUDGES OF ELECTION:
|
In accordance with the provisions of the Election Code, I | ||
...... (name of
candidate) hereby certify that I am a candidate | ||
for ....... (name of
office) and seek admittance to ....... | ||
precinct of the ....... ward (if
applicable) of the ....... | ||
(township or municipality) of ....... at the
....... election | ||
to be held on (insert date).
| ||
......................... .......................
| ||
(Signature of Candidate) OFFICE FOR WHICH
| ||
CANDIDATE SEEKS
| ||
NOMINATION OR
| ||
ELECTION
| ||
Pollwatchers shall be permitted to observe all proceedings | ||
and view all reasonably requested records relating
to the | ||
conduct of the election, provided the secrecy of the ballot is | ||
not impinged, and to station themselves in a position
in the | ||
voting room as will enable them to observe the judges making | ||
the
signature comparison between the voter application and the | ||
voter
registration record card; provided, however, that such | ||
pollwatchers
shall not be permitted to station themselves in | ||
such close proximity to
the judges of election so as to | ||
interfere with the orderly conduct of
the election and shall | ||
not, in any event, be permitted to handle
election materials. | ||
Pollwatchers may challenge for cause the voting
qualifications | ||
of a person offering to vote and may call to the
attention of | ||
the judges of election any incorrect procedure or apparent
|
violations of this Code.
| ||
If a majority of the judges of election determine that the | ||
polling
place has become too overcrowded with pollwatchers so | ||
as to interfere
with the orderly conduct of the election, the | ||
judges shall, by lot,
limit such pollwatchers to a reasonable | ||
number, except that each
established or new political party | ||
shall be permitted to have at least
one pollwatcher present.
| ||
Representatives of an election authority, with regard to an | ||
election
under its jurisdiction, the State Board of Elections, | ||
and law
enforcement agencies, including but not limited to a | ||
United States
Attorney, a State's attorney, the Attorney | ||
General, and a State, county,
or local police department, in | ||
the performance of their official
election duties, shall be | ||
permitted at all times to enter and remain in
the polling | ||
place. Upon entering the polling place, such
representatives | ||
shall display their official credentials or other
| ||
identification to the judges of election.
| ||
Uniformed police officers assigned to polling place duty | ||
shall follow
all lawful instructions of the judges of election.
| ||
The provisions of this Section shall also apply to | ||
supervised casting of vote by mail
ballots as provided in | ||
Section 19-12.2 of this Act.
| ||
(Source: P.A. 98-115, eff. 7-29-13; 98-1171, eff. 6-1-15 .)
| ||
(10 ILCS 5/18-1) (from Ch. 46, par. 18-1)
| ||
Sec. 18-1.
The provisions of this Article 18 shall be |
applicable only to
and in municipalities operating under | ||
Article 6 of this Act.
| ||
At every election in any municipality operating under | ||
Article 6 of this
Act, each of the political parties shall have | ||
the right to designate a
canvasser for each election precinct, | ||
who may make a canvass of the
precinct in which he is appointed | ||
to act, not less than 20 nor more than 31
days previous to such | ||
election, for the purpose of ascertaining the names
and | ||
addresses of the legal voters residing in such precinct. An | ||
authority
signed by the executive director of the board of | ||
election
commissioners, shall be
sufficient evidence of the | ||
right of such canvasser to make a canvass of the
precinct in | ||
which he is appointed to act. The executive director of the | ||
board of
election commissioners shall issue such certificate of | ||
authority to any
person designated in a written request signed | ||
by the recognized chair chairman or
presiding officer of the | ||
chief managing committee of a political party in
such city, | ||
village or incorporated town; and a record shall be kept in the
| ||
office of the election commissioners of all appointments of | ||
such
canvassers. In making such canvass no person shall refuse | ||
to answer
questions and give the information asked for and | ||
known to him or her.
| ||
(Source: P.A. 82-373.)
| ||
(10 ILCS 5/18-14) (from Ch. 46, par. 18-14)
| ||
Sec. 18-14.
The judges of election shall make duplicate |
statements of
the result of the canvass, which shall be written | ||
or partly written and
partly printed. Each of the statements | ||
shall contain a caption stating
the day on which, and the | ||
number of the election precinct and the ward,
city and county, | ||
in relation to which such statements shall be made, and
the | ||
time of opening and closing of the polls of such election | ||
precinct.
It shall also contain a statement showing the whole | ||
number of votes
given for each person, designating the office | ||
for which they were given,
which statement shall be written, or | ||
partly written and partly printed,
in words at length; and in | ||
case a proposition of any kind has been
submitted to a vote at | ||
such election, such statements shall also show
the whole number | ||
of votes cast for or against such proposition, written
out or | ||
partly written and partly printed, in words at length, and at | ||
the
end thereof a certificate that such statement is correct in | ||
all
respects; which certificate, and each sheet of paper | ||
forming part of the
statement, shall be subscribed by the | ||
judges. If any judge shall decline
to sign such return, he | ||
shall state his reason therefor in writing, and
a copy thereof, | ||
signed by himself, shall be enclosed with each return.
Each of | ||
the statements shall be enclosed in an envelope, which shall
| ||
then be securely sealed with sealing wax or other adhesive | ||
material; and
each of the judges shall write his name across | ||
every fold at which the
envelope, if unfastened, could be | ||
opened. One of the envelopes shall be
directed to the county | ||
clerk and one to the comptroller of the city, or
to the officer |
of such city whose duties correspond with those of
comptroller. | ||
The judges of election shall make quadruplicate sets of
| ||
tallies, and each set of tallies shall also be signed by the | ||
judges of
the election. If, however, the number of established | ||
political parties,
as defined in Section 10-2, exceeds 2, one | ||
additional set of tallies
shall be made and signed for each | ||
established political party in excess
of 2. Each set shall be | ||
enclosed in an envelope, securely sealed and
signed in like | ||
manner; and one of the envelopes shall be directed on the
| ||
outside to the election commissioners and the other to the | ||
city, village
or town clerk; the other two envelopes shall be | ||
addressed, respectively,
to the chairmen of the county central | ||
committees of the established
political parties. On the outside | ||
of every envelope shall be endorsed
whether it contains the | ||
statements of the votes cast or the tallies, and
for what | ||
precinct and ward, village or town.
| ||
However, in those jurisdictions where electronic voting | ||
systems utilizing
in-precinct counting equipment are used, one | ||
such envelope shall be transmitted
to the chair chairman of the | ||
county central committee of each established political
party | ||
and 2 such envelopes shall be transmitted to the board of | ||
election
commissioners.
| ||
Where voting machines or electronic voting systems are | ||
used, the
provisions of this Section may be modified as | ||
required or authorized by
Article 24 or Article 24A, whichever | ||
is applicable.
|
At the nonpartisan and consolidated elections, the judges | ||
of election
shall make a tally sheet and certificate of results | ||
for each political
subdivision as to which candidates or public | ||
questions are on the ballot
at such election, except where such | ||
votes are to be canvassed by the
board of election | ||
commissioners or by the city canvassing board provided
in | ||
Section 22-8. The judges shall sign, seal in a marked envelope | ||
and
deliver them to the county clerk with the other | ||
certificates of results
herein required. Such tally sheets and | ||
certificates of results may be
duplicates of the tally sheet | ||
and certificate of results otherwise
required by this Section, | ||
showing all votes for all candidates and
public questions voted | ||
for or upon in the precinct, or may be on
separate forms | ||
prepared by the election authority and showing only those
votes | ||
cast for candidates and public questions of each such political
| ||
subdivision.
| ||
Within 2 days of delivery of complete returns of the | ||
consolidated and
nonpartisan elections, the board of election | ||
commissioners shall
transmit an original, sealed tally sheet | ||
and certificate of results from
each precinct in its | ||
jurisdiction in which candidates or public
questions of a | ||
political subdivision were on the ballot to the local
election | ||
official of such political subdivision where a local canvassing
| ||
board is designated to canvass such votes. Each local election | ||
official,
within 24 hours of receipt of all of the tally sheets | ||
and certificates
of results for all precincts in which |
candidates or public questions of
his political subdivision | ||
were on the ballot, shall transmit such sealed
tally sheets and | ||
certificates of results to the canvassing board for
that | ||
political subdivision.
| ||
In the case of referenda for the formation of a political | ||
subdivision
the tally sheets and certificates of results shall | ||
be transmitted by the
board of election commissioners to the | ||
circuit court that ordered the
proposition submitted or to the | ||
officials designated by the court to
conduct the canvass of | ||
votes. In the case of school referenda for which
a regional | ||
superintendent of schools is responsible for the canvass of
| ||
votes, the board of election commissioners shall transmit the | ||
tally
sheets and certificates of results to the regional | ||
superintendent.
| ||
(Source: P.A. 82-1014.)
| ||
(10 ILCS 5/21-1) (from Ch. 46, par. 21-1)
| ||
Sec. 21-1.
Choosing and election of electors of President | ||
and
Vice-President of the United States shall be in the | ||
following manner:
| ||
(a) In each year in which a President and Vice-President of | ||
the United
States are chosen, each political party or group in | ||
this State shall choose
by its State Convention or State | ||
central committee electors of President and Vice-President of | ||
the
United States and such State Convention or State central | ||
committee of such party or group shall also
choose electors at |
large, if any are to be appointed for this State and
such State | ||
Convention or State central committee of such party or group | ||
shall by its chair chairman and
secretary certify the total | ||
list of such electors together with electors at
large so chosen | ||
to the State Board of Elections.
| ||
The filing of such certificate with the Board, of such | ||
choosing of
electors shall be deemed and taken to be the | ||
choosing and selection of the
electors of this State, if such | ||
party or group is successful at the polls
as herein provided in | ||
choosing their candidates for President and
Vice-President of | ||
the United States.
| ||
(b) The names of the candidates of the several political | ||
parties or
groups for electors of President and Vice-President | ||
shall not be printed on
the official ballot to be voted in the | ||
election to be held on the day in
this Act above named. In lieu | ||
of the names of the candidates for such
electors of President | ||
and Vice-President, immediately under the appellation
of party | ||
name of a party or group in the column of its candidates on the
| ||
official ballot, to be voted at said election first above named | ||
in
subsection (1) of Section 2A-1.2 and Section 2A-2, there | ||
shall be printed
within a bracket the name of the candidate for
| ||
President and the name of the candidate for Vice-President of | ||
such party or
group with a square to the left of such bracket. | ||
Each voter in this State
from the several lists or sets of | ||
electors so chosen and selected by the
said respective | ||
political parties or groups, may choose and elect one of
such |
lists or sets of electors by placing a cross in the square to | ||
the left
of the bracket aforesaid of one of such parties or | ||
groups. Placing a cross
within the square before the bracket | ||
enclosing the names of President and
Vice-President shall not | ||
be deemed and taken as a direct vote for such
candidates for | ||
President and Vice-President, or either of them, but shall
only | ||
be deemed and taken to be a vote for the entire list or set of
| ||
electors chosen by that political party or group so certified | ||
to the State
Board of Elections as herein provided. Voting by | ||
means of placing a cross
in the appropriate place preceding the | ||
appellation or title of the
particular political party or | ||
group, shall not be deemed or taken as a
direct vote for the | ||
candidates for President and Vice-President, or either
of them, | ||
but instead to the Presidential vote, as a vote for the entire
| ||
list or set of electors chosen by that political party or group | ||
so
certified to the State Board of Elections as herein | ||
provided.
| ||
(c) Such certification by the respective political parties | ||
or groups in
this State of electors of President and | ||
Vice-President shall be made to the
State Board of Elections | ||
within 2 days after such State convention or meeting of the | ||
State central committee in which the electors were chosen.
| ||
(d) Should more than one certificate of choice and | ||
selection of electors
of the same political party or group be | ||
filed by contesting conventions or
contesting groups, it shall | ||
be the duty of the State Board of Elections
within 10 days |
after the adjournment of the last of such conventions to
meet | ||
and determine which set of nominees for electors of such party | ||
or
group was chosen and selected by the authorized convention | ||
of such party or
group. The Board, after notice to the chair | ||
chairman and secretaries or managers
of the conventions or | ||
groups and after a hearing shall determine which set
of | ||
electors was so chosen by the authorized convention and shall | ||
so
announce and publish the fact, and such decision shall be | ||
final and the set
of electors so determined upon by the | ||
electoral board to be so chosen shall
be the list or set of | ||
electors to be deemed elected if that party shall be
successful | ||
at the polls, as herein provided.
| ||
(e) Should a vacancy occur in the choice of an elector in a
| ||
congressional district, such vacancy may be filled by the | ||
executive
committee of the party or group for such | ||
congressional district, to be
certified by such committee to | ||
the State Board of Elections. Should a
vacancy occur in the | ||
office of elector at large, such vacancy shall be
filled by the | ||
State committee of such political party or group, and
certified | ||
by it to the State Board of Elections.
| ||
(Source: P.A. 99-522, eff. 6-30-16.)
| ||
(10 ILCS 5/22-1)
(from Ch. 46, par. 22-1)
| ||
Sec. 22-1. Abstracts of votes. Within 21 days after the
| ||
close of the
election at which candidates for offices | ||
hereinafter named in this Section are
voted upon, the election |
authorities of the respective counties shall open the returns | ||
and make abstracts of
the votes on a separate sheet for each of | ||
the following:
| ||
A. For Governor and Lieutenant Governor;
| ||
B. For State officers;
| ||
C. For presidential electors;
| ||
D. For United States Senators and Representatives to | ||
Congress;
| ||
E. For judges of the Supreme Court;
| ||
F. For judges of the Appellate Court;
| ||
G. For judges of the circuit court;
| ||
H. For Senators and Representatives to the General | ||
Assembly;
| ||
I. For State's Attorneys elected from 2 or more | ||
counties;
| ||
J. For amendments to the Constitution, and for other | ||
propositions
submitted to the electors of the entire State;
| ||
K. For county officers and for propositions submitted | ||
to the
electors of the county only;
| ||
L. For Regional Superintendent of Schools;
| ||
M. For trustees of Sanitary Districts; and
| ||
N. For Trustee of a Regional Board of School Trustees.
| ||
Each sheet shall report the returns by precinct or ward. | ||
Multiple originals of each of the sheets shall be prepared | ||
and one of
each shall be turned over to the chair chairman of | ||
the county central
committee of each of the then existing |
established political parties, as
defined in Section 10-2, or | ||
his duly authorized representative
immediately after the | ||
completion of the entries on the sheets and before
the totals | ||
have been compiled.
| ||
The foregoing abstracts shall be preserved by the election | ||
authority in its office.
| ||
Whenever any county clerk is unable to canvass the vote,
| ||
the deputy county clerk or a designee of the county clerk shall | ||
serve in his or her place.
| ||
The powers and duties of the election authority canvassing | ||
the votes are limited to
those specified in this Section.
| ||
No person who is shown by the election authority's | ||
proclamation to have been elected at the consolidated election | ||
or general election as a write-in candidate shall take office | ||
unless that person has first filed with the certifying office | ||
or board a statement of candidacy pursuant to Section 7-10 or | ||
Section 10-5, a statement pursuant to Section 7-10.1, and a | ||
receipt for filing a statement of economic interests in | ||
relation to the unit of government to which he or she has been | ||
elected. For officers elected at the consolidated election, the | ||
certifying officer shall notify the election authority of the | ||
receipt of those documents, and the county clerk shall issue | ||
the certification of election under the provisions of Section | ||
22-18. | ||
(Source: P.A. 94-645, eff. 8-22-05; 94-647, eff. 1-1-06; | ||
95-331, eff. 8-21-07.)
|
(10 ILCS 5/22-4) (from Ch. 46, par. 22-4)
| ||
Sec. 22-4.
On the day appointed, the clerk and the chair | ||
chairmen (or vice-chair
vice-chairman or secretary, as the case | ||
may be) of the county central
committees of the Republican and | ||
Democratic parties and other canvassers,
or, in case of their | ||
absence the state's attorney or sheriff, shall attend,
and the | ||
parties interested shall appear and determine by lot which of | ||
them
is to be declared elected; and the clerk shall issue his | ||
certificate of
election to the person thus declared elected.
| ||
(Source: Laws 1955, p. 1015.)
| ||
(10 ILCS 5/22-8)
(from Ch. 46, par. 22-8)
| ||
Sec. 22-8. In municipalities operating under Article 6 of | ||
this Act,
within 21 days after the close of such election, the | ||
board of election
commissioners
shall open all returns and | ||
shall make abstracts or
statements of the votes for all offices | ||
and questions voted on at the election.
| ||
Each abstract or statement shall report the returns by | ||
precinct or ward.
| ||
Multiple originals of each of the abstracts or statements | ||
shall be prepared and one of
each shall be turned over to the | ||
chair chairman of the county central committee
of each of the | ||
then existing established political parties, as defined in
| ||
Section 10-2.
| ||
(Source: P.A. 94-645, eff. 8-22-05; 94-647, eff. 1-1-06; |
95-331, eff. 8-21-07.)
| ||
(10 ILCS 5/22-15) (from Ch. 46, par. 22-15)
| ||
Sec. 22-15. The election
authority shall, upon request,
and | ||
by mail if so requested, furnish free of charge to any | ||
candidate for any office, whose name appeared
upon the ballot | ||
within the jurisdiction of
the election
authority, a copy of | ||
the abstract
of votes by precinct or ward for all candidates | ||
for the office for which such
person was a candidate. Such | ||
abstract shall be furnished no later than 2
days after the | ||
receipt of the request or 8 days after the completing of the
| ||
canvass, whichever is later.
| ||
Within one calendar day following the canvass and
| ||
proclamation of each general
primary election and general | ||
election, each election authority shall transmit
to the | ||
principal office of the State Board of Elections copies of the | ||
abstracts
of votes by precinct or ward for the offices of
ward, | ||
township, and precinct committeeperson committeeman via | ||
overnight mail so that the
abstract of votes arrives at the | ||
address the following calendar day. Each
election authority | ||
shall
also transmit to the principal office of the State Board | ||
of Elections copies
of current precinct poll lists.
| ||
(Source: P.A. 94-645, eff. 8-22-05; 94-647, eff. 1-1-06; | ||
95-331, eff. 8-21-07.)
| ||
(10 ILCS 5/22-15.1) (from Ch. 46, par. 22-15.1)
|
Sec. 22-15.1. (a) Within 60 days following the canvass
of | ||
the general election within each election jurisdiction, the | ||
election
authority shall
prepare, in typewritten or legible | ||
computer-generated form, a report of the
abstracts of votes by | ||
precinct for all offices and
questions of public policy in | ||
connection with which votes were cast within
the election | ||
jurisdiction at the general election. The report shall
include | ||
the total number of ballots cast within each precinct or ward | ||
and the
total
number of registered voters within each precinct | ||
or ward. The election
authority shall provide a copy of the | ||
report to the chair chairman of the county
central committee of | ||
each established political party in the county within
which the | ||
election jurisdiction is contained, and shall make a reasonable
| ||
number of copies of the report available for distribution to | ||
the public.
| ||
(b) Within 60 days after the effective date of this | ||
amendatory Act of
1985, each election authority shall prepare, | ||
in typewritten or legible
computer-generated form, a report of | ||
the type required
by subsection (a) concerning the general | ||
election of 1984. The election
authority shall provide a copy | ||
of the report to the chairperson chairman of the county
central | ||
committee of each established political party in the county in
| ||
which the election jurisdiction is contained, and shall make a | ||
reasonable
number of copies of the report available for | ||
distribution to the public.
| ||
(c) An election authority may charge a fee to reimburse the |
actual cost
of duplicating each copy of a report provided | ||
pursuant to subsection (a) or
(b).
| ||
(Source: P.A. 94-645, eff. 8-22-05.)
| ||
(10 ILCS 5/24-13) (from Ch. 46, par. 24-13)
| ||
Sec. 24-13.
Four sets of ballot labels for use in each | ||
voting
machine shall be provided for each polling place for | ||
each election by
the election authority.
There shall also be | ||
furnished all other necessary materials or supplies
for the | ||
proper use of the voting machines, including durable | ||
transparent
noninflammable covering at least 1/16 inch thick | ||
with which all the
ballot labels shall be securely covered to | ||
prevent shifting, tampering
with or mutilations of the ballot | ||
labels, facsimile diagrams, return
sheets, certificates, forms | ||
and materials of all kinds provided for in
this Article. The | ||
election authority shall before the
day of election, cause the | ||
proper ballot labels, together with the
transparent protective | ||
covering for same, to be put upon each machine,
corresponding | ||
with the sample ballot labels herein provided for, and the
| ||
machine in every way to be put in order, set and adjusted, | ||
ready for use
in voting when delivered at the precinct polling | ||
places and for the
purpose of so labeling the machine, putting | ||
in order, setting and
adjusting the same, they may employ one | ||
competent person to be known as
the voting machine custodian | ||
and additional deputy custodians as
required. The election | ||
authority
shall, preceding each
election day, holding a meeting |
or meetings for the purpose of
instructing all election | ||
precinct officials who are to serve in an
election precinct | ||
where voting machines are to be used. Before preparing
any | ||
voting machines for any election, the election authority shall | ||
cause written
notices to be sent to the chair chairman of the | ||
county central committee of
each political party having a | ||
candidate or candidates on the ballot, or
the chair chairman of | ||
each municipal or township
committee of each political
party | ||
having candidates on the ballot, in the case of a municipal or | ||
township
election, stating the times when, and the place
or | ||
places where,
the voting machines will be prepared for the | ||
election; they shall also
cause written notices to be sent to | ||
the chair chairman or presiding officer of
any organization of | ||
citizens within the county, or other political subdivision,
| ||
having as its purpose, or among its purposes or interests, the
| ||
prevention, investigation or prosecution of election frauds, | ||
which has
registered its name and address and the names of its | ||
principal officers
with the officer, officers or board having | ||
charge of the preparation of
the machines for the election, at | ||
least 40 days before such
election, stating the times when, and | ||
the place or places where, the
voting machines will be prepared | ||
for the election, at which times and
place or places, one | ||
representative of each such political party,
certified by the | ||
respective chair chairman of the county managing committee of
| ||
each such political party, or the chair chairman of the | ||
municipal or township
committee in the case of a municipal or |
township
election, and one
representative of each such | ||
candidate, certified by such candidate, and
one representative | ||
of each organization of citizens, certified by the
respective | ||
chair chairman or presiding officers of such organizations | ||
shall be
entitled to be present and see that the machines are | ||
properly prepared
and tested and placed in proper condition and | ||
order for use at the
election. The custodian or custodians of | ||
voting machines and the party
representatives shall take the | ||
constitutional oath of office. It shall
be the privilege of | ||
such party and organization representatives to be
present at | ||
the preparation of the voting machines for the election and
to | ||
see that each machine is tested for accuracy and is properly | ||
prepared
and that all registering counters are set at zero. The | ||
custodian shall,
in the presence of the party and candidate and | ||
organization
representatives, prepare the voting machine for | ||
the election and set all
registering counters at zero, and he | ||
shall then, assisted by the
watchers, test each such | ||
registering counter for accuracy by casting
votes upon it, and | ||
such testing shall be done in the presence of the
watchers, | ||
until each such registering counter is correctly registering
| ||
each vote cast upon it, and each certificate for each machine | ||
shall
state that this has been done, and the custodians shall | ||
then, in the
presence of the party and candidate and | ||
organization representatives,
reset each registering counter | ||
to zero, and shall then immediately seal
the voting machine | ||
with a numbered metal seal, and a record of the
number on the |
seal shall then and there be made by the custodian on the
| ||
certificate for that machine and the seal shall be so placed as | ||
to
prevent operation of the machine or its registering counters | ||
without
breaking the seal, and the custodian shall then | ||
immediately make a
record on the certificate for that machine | ||
of the reading shown on the
protective counter. Immediately | ||
after each machine has been so tested
and prepared for the | ||
election, it shall be the duty of such custodian or
custodians | ||
to make a certificate in writing which shall be filed in the
| ||
office of the election authority, stating the serial
number of | ||
each voting
machine, whether or not such machine has all the | ||
registering counters
set at zero, whether or not such machine | ||
has been tested by voting on
each registering counter so as to | ||
prove that each such registering
counter is in perfect and | ||
accurate working condition, the number
registered on the | ||
protective counter, and the number on the metal seal
with which | ||
the machine is sealed against operation. Unless objection is
| ||
filed, within 2 days, with the election authority, to the use
| ||
of a particular machine or
machines, such voting machine or | ||
machines when certified to be correct
by the custodian shall be | ||
conclusively presumed to have been properly
prepared for use at | ||
the election for which they were prepared. Any
objection filed | ||
shall particularly set forth the number of the machine
objected | ||
to, and the particulars or basis for the objection. The machine
| ||
shall then be locked so that it cannot be operated or voted | ||
upon without
first unlocking it and the keys shall be at once |
returned to the custody
of the election authority, and the | ||
election authority shall cause the
machine so labeled in order, | ||
set and adjusted, to be delivered at the
polling place, | ||
together with all necessary furniture and appliances that
go | ||
with the same, not later than one hour before the hour at which | ||
the
polls are to be opened. The election authority shall | ||
deliver the keys,
which unlock the
voting mechanism and the | ||
registering counters or counter compartment of
the voting | ||
machine, to the precinct election board, not earlier than
noon | ||
on the Saturday preceding the election day, nor later than one | ||
hour
before the opening of the polls, and shall receive and | ||
file a receipt
therefor. The keys shall be enclosed in a sealed | ||
envelope on which shall
be written or printed: (1) The name, | ||
number of or designation of the
election precinct or district; | ||
(2) The number of the voting machine; (3)
The number of the | ||
seal with which the machine is sealed; (4) The number
| ||
registered on the protective counter or device as reported by | ||
the
custodian. No precinct election official shall break the | ||
seal of such
envelope except in the presence of all members of | ||
the precinct election
board, and such envelope shall not be | ||
opened until it shall have been
examined by each member of the | ||
precinct election board to see that it
has not been previously | ||
opened. Such envelope shall not be opened until
it shall have | ||
been found that the numbers and records recorded thereon
are | ||
correct and agree in every respect with the numbers and records | ||
as
shown on the machine. If any such number is found not to |
agree with the
numbers on the machine, the envelope shall not | ||
be opened until the
precinct election officials shall have | ||
notified the
election authority, and until the election | ||
authority
or some other person authorized by the election | ||
authority shall have
presented himself at the polling place for
| ||
the purpose of re-examining the machine, and shall have | ||
certified that
it is properly arranged after testing and | ||
examining it. On the morning
of the election the precinct | ||
election officials shall meet in the
polling place at least one | ||
hour before the time for opening the polls.
They shall see that | ||
the sample ballot labels and instructions for voting
are posted | ||
properly, and prominently so that the voters can have easy
| ||
access to them and that the instruction model is placed on the | ||
precinct
election officials' table and that everything is in | ||
readiness for voting
at the hour of opening the polls. They | ||
shall also see that the voting
machine is properly illuminated | ||
in accordance with the equipment
furnished. The precinct | ||
election officials shall compare the ballot
labels on the | ||
machine with the sample ballots and return sheets, see
that | ||
they are correct, examine and see that all the registering | ||
counters
in the machine are set at zero (0) or if the machine | ||
is equipped with a
device which will automatically record the | ||
number on the registering
columns on the back of the machine to | ||
recording sheets of paper and the
said paper can be removed | ||
without opening the back of the machine, that
all of the said | ||
registering counters for each candidate as appears on
the said |
recording sheet registers (0) and that the public counter is
| ||
also set at zero (0) and that the machine is otherwise in | ||
perfect order
and they shall compare and record the number on | ||
the metal seal with
which the voting machine is sealed, with | ||
the number furnished them as
recorded on the envelope | ||
containing the keys, by the election authority,
and if the | ||
number on the seal and the number on the protective
counter do | ||
not agree with the numbers supplied to them, they shall not
| ||
open the polls, but shall notify the election authority, and | ||
the election
authority or its authorized representatives or
| ||
custodian, shall, as soon as may be, test, examine and set the | ||
machine
in the same manner as is provided in this section for | ||
the testing,
setting and preparation of voting machines for an | ||
election. If, after
being so tested and examined, it is found | ||
that such voting machine is in
perfect working order, all | ||
registering counters shall be set at zero
(0), the reading of | ||
the protective counter shall be read and recorded
and the | ||
precinct election officials may proceed with the opening of the
| ||
polls. If such machine be found not to be in perfect working | ||
order as
hereinbefore provided, it shall not be used in the | ||
election, but shall
be replaced with another machine which is | ||
in perfect working order,
properly set, tested and sealed, and | ||
the election board shall then
proceed to examine such machine | ||
in the same manner as is provided in
this section for the | ||
examination of each voting machine by the election
board before | ||
the opening of the polls. They shall not thereafter permit
the |
counters to be operated or moved except by electors in voting, | ||
and
they shall also see that all necessary arrangements and | ||
adjustments are
made for voting irregular ballots on the | ||
machine. Each precinct election
official shall sign a | ||
certificate which shall certify that he has
complied with all | ||
the provisions of this Article, and that, before the
polls were | ||
declared open, he found the ballot labels to be in their
proper | ||
places and to exactly agree with the facsimile diagrams and
| ||
return or recording sheet belonging to that precinct; all | ||
registering
counters set at zero (0); the number on the metal | ||
seal and the number on
the protective counter exactly agree | ||
with the records furnished by the
election authority; the metal | ||
seal actually was sealed so as to prevent
movement of the | ||
voting machine mechanism without first breaking the
seal; all | ||
ballot labels were clean and without marks of any kind upon
| ||
them and they were in no way defaced or mutilated. When voting | ||
machines
are used in an election precinct, the watchers or | ||
challengers
representing the various political parties, | ||
candidates and citizens'
organizations, provided by law to be | ||
present shall be permitted to be
present from the time the | ||
precinct election board convenes on election
morning until the | ||
completion of the canvass after the close of the
polls. Such | ||
watchers shall be permitted to carefully examine each voting
| ||
machine before the polls are declared open and to compare the | ||
number of
the metal seal and the number on the protective | ||
counter with their own
records, and to see that all ballot |
labels are in their proper places,
and that the machine | ||
registering counters are all set at zero (0), and
that the | ||
machine or machines are in every way ready for voting at the
| ||
opening of the polls. If it is found that the ballot labels are | ||
not in
their proper places on the machine, or that they fail to | ||
conform in any
respect, with the facsimile diagrams and return | ||
sheets belonging to the
precinct, the precinct election | ||
officials shall not use such machine but
shall at once notify | ||
the proper election authority,
and such machine shall not be | ||
used until the election authority or person
authorized by it, | ||
shall have
supplied the proper ballot labels, and shall have | ||
placed such proper
ballot labels in their proper places, and | ||
they shall have been found to
be correct by the precinct | ||
election officials and watchers. If any
registering counter | ||
shall be found not to be set at zero (0), the
precinct election | ||
officials shall immediately notify the custodian or
officer or | ||
officers or board having charge of the preparation of the
| ||
voting machines for the election or primary, and the election | ||
authority
or person authorized by him or them
or it shall | ||
adjust
such registering counter or counters to zero (0), in the | ||
presence of all
the precinct election officials and watchers | ||
serving in such election
district.
| ||
(Source: P.A. 80-1469.)
| ||
(10 ILCS 5/24A-10) (from Ch. 46, par. 24A-10)
| ||
Sec. 24A-10. (1) In an election jurisdiction which has |
adopted an
electronic voting system, the election official in | ||
charge of the
election shall select one of the 3 following | ||
procedures for receiving,
counting, tallying, and return of the | ||
ballots:
| ||
(a) Two ballot boxes shall be provided for each polling | ||
place. The
first ballot box is for the depositing of votes cast | ||
on the electronic
voting system; and the second ballot box is | ||
for all votes cast on paper
ballots, including any
paper | ||
ballots
required to be voted other than on the electronic | ||
voting system.
Ballots
deposited in the second
ballot box shall | ||
be counted, tallied, and returned as is elsewhere
provided in | ||
"The Election Code," as amended, for the counting and
handling | ||
of paper ballots. Immediately after the closing of the polls, | ||
the judges of election shall make out a slip indicating the
| ||
number of persons who voted in the precinct at the election. | ||
Such slip
shall be signed by all the judges of election and | ||
shall be inserted by
them in the first ballot box. The judges | ||
of election shall thereupon
immediately lock each ballot box; | ||
provided, that if
such box is not of a type which may be | ||
securely locked, such box shall be
sealed with filament tape | ||
provided for such purpose
which shall be wrapped around the box | ||
lengthwise and crosswise, at least
twice each way, and in such | ||
manner that the seal completely covers the
slot in the ballot | ||
box, and each of the judges shall sign such seal. Thereupon
two | ||
of the judges of election, of different political parties, | ||
shall
forthwith and by the most direct route transport both |
ballot boxes to
the counting location designated by the county | ||
clerk or board of
election commissioners.
| ||
Before the ballots of a precinct are fed to the electronic | ||
tabulating
equipment, the first ballot box shall be opened at | ||
the central counting
station by the two precinct transport | ||
judges. Upon opening a ballot box,
such team shall first count | ||
the number of ballots in the box. If 2 or
more are folded | ||
together so as to appear to have been cast by the same
person, | ||
all of the ballots so folded together shall be marked and
| ||
returned with the other ballots in the same condition, as near | ||
as may
be, in which they were found when first opened, but | ||
shall not be
counted. If the remaining ballots are found to | ||
exceed the number of
persons voting in the precinct as shown by | ||
the slip signed by the judges
of election, the ballots shall be | ||
replaced in the box, and the box
closed and well shaken and | ||
again opened and one of the precinct
transport judges shall | ||
publicly draw out so many ballots unopened as are
equal to such | ||
excess.
| ||
Such excess ballots shall be marked "Excess-Not Counted" | ||
and signed
by the two precinct transport judges and shall be | ||
placed in the "After
7:00 p.m. Defective Ballots Envelope". The | ||
number of excess ballots
shall be noted in the remarks section | ||
of the Certificate of Results.
"Excess" ballots shall not be | ||
counted in the total of "defective"
ballots.
| ||
The precinct transport judges shall then examine the | ||
remaining
ballots for write-in votes and shall count and |
tabulate the write-in
vote; or
| ||
(b) A single ballot box, for the deposit of all votes cast, | ||
shall be
used. All ballots which are not to be tabulated on the | ||
electronic voting
system shall be counted, tallied, and | ||
returned as elsewhere provided in
"The Election Code," as | ||
amended, for the counting and handling of paper
ballots.
| ||
All ballots to be processed and tabulated with the | ||
electronic voting
system shall be processed as follows:
| ||
Immediately after the closing of the polls, the precinct | ||
judges of
election then shall open the ballot box and canvass | ||
the votes polled to
determine that the number of ballots | ||
therein agree with the number of
voters voting as shown by the | ||
applications for ballot or if the same do
not agree the judges | ||
of election shall make such ballots agree with the
applications | ||
for ballot in the manner provided by Section 17-18 of "The
| ||
Election Code." The judges of election shall then examine all | ||
ballot cards and ballot card envelopes which
are in
the ballot | ||
box to determine whether the
ballot cards and
ballot card | ||
envelopes bear the initials of a precinct judge of election.
If | ||
any ballot card or ballot card envelope is not
initialed, it | ||
shall be marked on the back "Defective," initialed as to
such | ||
label by all judges immediately under such word "Defective," | ||
and
not counted, but placed in the envelope provided for that | ||
purpose
labeled "Defective Ballots Envelope."
| ||
When an electronic voting system is used which utilizes a | ||
ballot
card, before separating the ballot cards from their |
respective
covering envelopes, the judges of election shall | ||
examine the ballot card
envelopes for write-in votes. When the | ||
voter has voted a write-in vote,
the judges of election shall | ||
compare the write-in vote with the votes on
the ballot card to | ||
determine whether such write-in results in an
overvote for any | ||
office. In case of an overvote for any office, the
judges of | ||
election, consisting in each case of at least one judge of
| ||
election of each of the two major political parties, shall make | ||
a true
duplicate ballot of all votes on such ballot card except | ||
for the office
which is overvoted, by using the ballot label | ||
booklet of the precinct
and one of the marking devices of the | ||
precinct so as to transfer all
votes of the voter except for | ||
the office overvoted, to an official
ballot card of that kind | ||
used in the precinct at that election. The
original ballot card | ||
and envelope upon which there is an overvote shall
be clearly | ||
labeled "Overvoted Ballot", and each shall bear the same
serial | ||
number which shall be placed thereon by the judges of election,
| ||
commencing with number 1 and continuing consecutively for the | ||
ballots of
that kind in that precinct. The judges of election | ||
shall initial the
"Duplicate Overvoted Ballot" ballot cards and | ||
shall place them in the
box for return of the ballots. The | ||
"Overvoted Ballot" ballots and their
envelopes shall be placed | ||
in the "Duplicate Ballots" envelope. Envelopes
bearing | ||
write-in votes marked in the place designated therefor and
| ||
bearing the initials of a precinct judge of election and not | ||
resulting
in an overvote and otherwise complying with the |
election laws as to
marking shall be counted, tallied, and | ||
their votes recorded on a tally
sheet provided by the election | ||
official in charge of the election. The
ballot cards and ballot | ||
card envelopes shall be separated and all except
any defective | ||
or overvoted shall be placed separately in the box for
return | ||
of the ballots. The judges of election shall examine the
| ||
ballots and ballot cards to determine if any is damaged or | ||
defective so
that it cannot be counted by the automatic | ||
tabulating equipment. If any
ballot or ballot card is damaged | ||
or defective so that it cannot properly
be counted by the | ||
automatic tabulating equipment, the judges of
election, | ||
consisting in each case of at least one judge of election of
| ||
each of the two major political parties, shall make a true | ||
duplicate
ballot of all votes on such ballot card by using the | ||
ballot label
booklet of the precinct and one of the marking | ||
devices of the precinct.
The original ballot or ballot card and | ||
envelope shall be clearly labeled
"Damaged Ballot" and the | ||
ballot or ballot card so produced "Duplicate
Damaged Ballot," | ||
and each shall bear the same number which shall be
placed | ||
thereon by the judges of election, commencing with number 1 and
| ||
continuing consecutively for the ballots of that kind in the | ||
precinct.
The judges of election shall initial the "Duplicate | ||
Damaged Ballot"
ballot or ballot cards, and shall place them in | ||
the box for return of
the ballots. The "Damaged Ballot" ballots | ||
or ballot cards and their
envelopes shall be placed in the | ||
"Duplicated Ballots" envelope. A slip
indicating the number of |
voters voting in person shall be made out, signed by all
judges | ||
of election, and inserted in the box for return of the ballots.
| ||
The tally sheets recording the write-in votes shall be placed | ||
in this
box. The judges of election thereupon immediately shall | ||
securely lock the
ballot box or other suitable
box furnished | ||
for return of the ballots by the election official in
charge of | ||
the election; provided that if such box is not of a type which
| ||
may be securely locked, such box shall be sealed with filament | ||
tape provided
for such purpose which shall be wrapped around | ||
the box lengthwise and crosswise,
at least twice each way. A | ||
separate adhesive seal label signed by each of
the judges of | ||
election of the precinct shall be affixed to the box so as
to | ||
cover any slot therein and to identify the box of the precinct; | ||
and
if such box is sealed with filament tape as provided herein | ||
rather than
locked, such tape shall be wrapped around the box | ||
as provided herein, but
in such manner that the separate | ||
adhesive seal label affixed to the box
and signed by the judges | ||
may not be removed without breaking the filament
tape and | ||
disturbing the signature of the judges. Thereupon, 2 of the
| ||
judges of election, of different major political parties, | ||
forthwith shall
by the most direct route transport the box for
| ||
return of the ballots and enclosed ballots and returns to the | ||
central
counting location designated by the election official | ||
in charge of the
election. If, however, because of the lack of | ||
adequate parking
facilities at the central counting location or | ||
for any other reason, it
is impossible or impracticable for the |
boxes from all the polling places
to be delivered directly to | ||
the central counting location, the election
official in charge | ||
of the election may designate some other location to
which the | ||
boxes shall be delivered by the 2 precinct judges. While at
| ||
such other location the boxes shall be in the care and custody | ||
of one or
more teams, each consisting of 4 persons, 2 from each | ||
of the two major
political parties, designated for such purpose | ||
by the election official
in charge of elections from | ||
recommendations by the appropriate political
party | ||
organizations. As soon as possible, the boxes shall be | ||
transported
from such other location to the central counting | ||
location by one or more
teams, each consisting of 4 persons, 2 | ||
from each of the 2 major
political parties, designated for such | ||
purpose by the election official
in charge of elections from | ||
recommendations by the appropriate political
party | ||
organizations.
| ||
The "Defective Ballots" envelope, and "Duplicated Ballots" | ||
envelope
each shall be securely sealed and the flap or end | ||
thereof of each signed
by the precinct judges of election and | ||
returned to the central counting
location with the box for | ||
return of the ballots, enclosed ballots and
returns.
| ||
At the central counting location, a team of tally judges | ||
designated
by the election official in charge of the election | ||
shall check the box
returned containing the ballots to | ||
determine that all seals are intact,
and thereupon shall open | ||
the box, check the voters' slip and compare the
number of |
ballots so delivered against the total number of voters of the
| ||
precinct who voted, remove the ballots or ballot cards and | ||
deliver them
to the technicians operating the automatic | ||
tabulating equipment. Any
discrepancies between the number of | ||
ballots and total number of voters
shall be noted on a sheet | ||
furnished for that purpose and signed by the
tally judges; or
| ||
(c) A single ballot box, for the deposit of all votes cast, | ||
shall be used.
Immediately after the closing of the polls, the | ||
precinct judges of election shall
securely
lock the ballot box; | ||
provided that if such box is not of a
type which may be | ||
securely locked, such box shall be sealed with filament
tape | ||
provided for such purpose which shall be wrapped around the box | ||
lengthwise
and crosswise, at least twice each way.
A separate | ||
adhesive seal label signed by each of the judges of election
of | ||
the precinct shall be affixed to the box so as to cover any | ||
slot therein
and to identify the box of the precinct; and if | ||
such box is sealed with
filament tape as provided herein rather | ||
than locked, such tape shall be
wrapped around the box as | ||
provided herein, but in such manner that the separate
adhesive | ||
seal label affixed to the box and signed by the judges may not
| ||
be removed without breaking the filament tape and disturbing | ||
the signature
of the judges. Thereupon, 2 of the judges
of | ||
election, of different
major political parties, shall | ||
forthwith by the most direct route transport
the box for return | ||
of the ballots and enclosed vote by mail and early ballots
and | ||
returns
to the central counting location designated by the |
election official
in charge of the election. If however, | ||
because of the lack of adequate
parking facilities at the | ||
central counting location or for some other reason,
it is | ||
impossible or impracticable for the boxes from all the polling | ||
places
to be delivered directly to the central counting | ||
location, the election
official in charge of the election may | ||
designate some other location to
which the boxes shall be | ||
delivered by the 2 precinct judges. While at
such other | ||
location the boxes shall be in the care and custody of one or
| ||
more teams, each consisting of 4 persons, 2 from each of the | ||
two major
political
parties, designated for such purpose by the | ||
election official in charge
of elections from recommendations | ||
by the appropriate political party
organizations.
As soon as | ||
possible, the boxes shall be transported from such other | ||
location
to the central counting location by one or more teams, | ||
each consisting of
4 persons, 2 from each of the 2 major | ||
political parties, designated for
such purpose by the election | ||
official in charge of the election from
recommendations
by the | ||
appropriate political party organizations.
| ||
At the central counting location there shall be one or more | ||
teams of tally
judges who possess the same qualifications as | ||
tally judges in election
jurisdictions
using paper ballots. The | ||
number of such teams shall be determined by the
election | ||
authority. Each team shall consist of 5 tally judges, 3 | ||
selected
and approved by the county board from a certified list | ||
furnished by the chair
chairman of the county central committee |
of the party with the majority
of members on the county board | ||
and 2 selected and approved by the county
board from a | ||
certified list furnished by the chair chairman of the county | ||
central
committee of the party with the second largest number | ||
of members
on the county board. At the central counting | ||
location a team of tally judges
shall open the ballot box and | ||
canvass the votes polled to determine that
the number of ballot | ||
sheets
therein agree with the number of voters voting as shown | ||
by the applications
for ballot; and, if the same do not agree, | ||
the tally judges shall make such
ballots agree with the number | ||
of applications for ballot in the manner provided
by Section | ||
17-18 of the Election Code. The tally judges shall then examine
| ||
all ballot sheets which are in the ballot box to determine | ||
whether they
bear the initials of the precinct judge of | ||
election. If any ballot is not
initialed, it shall be marked on | ||
the back "Defective", initialed as to such
label by all tally | ||
judges immediately under such word "Defective", and not
| ||
counted, but placed in the envelope provided for that purpose | ||
labeled
"Defective
Ballots Envelope". An overvote for one | ||
office shall invalidate
only the vote or count of that | ||
particular office.
| ||
At the central counting location, a team of tally judges | ||
designated
by the election official in charge of the election | ||
shall deliver the ballot
sheets to the technicians operating | ||
the automatic tabulating equipment.
Any discrepancies between | ||
the number of ballots and total number of voters
shall be noted |
on a sheet furnished for that purpose and signed by the tally
| ||
judges.
| ||
(2) Regardless of which procedure described in subsection | ||
(1) of this
Section is used,
the judges of election designated | ||
to transport the ballots, properly signed
and sealed as | ||
provided herein, shall ensure that the ballots are delivered
to | ||
the central counting station no later than 12 hours after the | ||
polls close.
At the central counting station a team of tally | ||
judges designated by the
election official in charge of the | ||
election shall examine the ballots so
transported and shall not | ||
accept ballots for tabulating which are not signed
and sealed | ||
as provided in subsection (1) of this Section until the
judges | ||
transporting the
same make and sign the necessary corrections. | ||
Upon acceptance of the ballots
by a team of tally judges at the | ||
central counting station, the election
judges transporting the | ||
same shall take a receipt signed by the election
official in | ||
charge of the election and stamped with the date and time of
| ||
acceptance. The election judges whose duty it is to transport | ||
any ballots
shall, in the event
such ballots cannot be found | ||
when needed, on proper request, produce the
receipt which they | ||
are to take as above provided.
| ||
(Source: P.A. 98-1171, eff. 6-1-15 .)
| ||
(10 ILCS 5/24A-11) (from Ch. 46, par. 24A-11)
| ||
Sec. 24A-11.
All proceedings at the location for central | ||
counting
shall be under the
direction of the county clerk or |
board of election commissioners, as the
case may be. Except for | ||
any specially trained technicians required for the
operation of | ||
the automatic tabulating equipment, the employees at the
| ||
counting station shall be equally divided between members of | ||
the 2 leading
political parties and all duties performed by | ||
such employees shall be by
teams consisting of an equal number | ||
of members of each political party.
Thirty days before an | ||
election the county clerk or board of election
commissioners | ||
shall submit to the chair chairman of each political party, for | ||
his
approval or disapproval, a list of persons of his party | ||
proposed to be
employed. If a chair chairman fails to notify | ||
the election authority of his
disapproval of any proposed | ||
employee within a period of 10 days thereafter
the list shall | ||
be deemed approved.
| ||
(Source: P.A. 82-1014.)
| ||
(10 ILCS 5/24A-15) (from Ch. 46, par. 24A-15)
| ||
Sec. 24A-15. The precinct return printed by the automatic | ||
tabulating
equipment shall include the number of ballots cast
| ||
and votes cast for each candidate and proposition and shall | ||
constitute the
official return of each precinct. In addition to | ||
the precinct return, the
election authority shall provide the | ||
number of applications for ballots
in each precinct, the | ||
write-in votes, the total number of ballots counted in
each | ||
precinct for each political subdivision and district and the | ||
number
of registered voters in each precinct. However, the |
election authority
shall check the totals shown by the precinct | ||
return and, if there is an
obvious discrepancy with respect to | ||
the total number of votes cast in any
precinct, shall have the | ||
ballots for such precinct retabulated to correct
the return. | ||
The procedures for retabulation shall apply prior to and
after | ||
the proclamation is completed; however, after the proclamation | ||
of
results, the election authority must obtain a court order to | ||
unseal voted
ballots except for election contests and discovery | ||
recounts.
In those election jurisdictions that utilize | ||
in-precinct counting
equipment, the certificate of results, | ||
which has been prepared by the
judges of election after the | ||
ballots have been
tabulated, shall be the document used for the | ||
canvass of votes for such
precinct. Whenever a discrepancy | ||
exists during the canvass of votes
between the unofficial | ||
results and the certificate of results, or whenever
a | ||
discrepancy exists during the canvass of votes between the | ||
certificate of
results and the set of totals which has been | ||
affixed to such certificate of
results, the ballots for such | ||
precinct shall be retabulated to correct the
return. As an | ||
additional part of this check prior to the proclamation, in
| ||
those jurisdictions where in-precinct counting equipment is | ||
utilized, the
election authority shall retabulate the total | ||
number of votes cast in 5% of
the precincts within the election | ||
jurisdiction, as well as 5% of the voting devices used in early | ||
voting. The precincts and the voting devices to be
retabulated | ||
shall be selected after election day on a random basis by the
|
State Board of Elections, so that every precinct in the | ||
election jurisdiction and every voting device used in early | ||
voting has
an equal mathematical chance of being selected. The | ||
State Board of
Elections shall design a standard and scientific | ||
random method of selecting
the precincts and voting devices | ||
which are to be retabulated. The State central committee chair
| ||
chairman of each established political party shall be given | ||
prior written notice of the time and place of
such random | ||
selection procedure and may be represented at such procedure.
| ||
Such retabulation shall consist of counting the ballot cards | ||
which were
originally counted and shall not involve any | ||
determination as to which
ballot cards were, in fact, properly | ||
counted. The ballots from the
precincts selected for such | ||
retabulation shall remain at all times under
the custody and | ||
control of the election authority and shall be transported
and | ||
retabulated by the designated staff of the election authority.
| ||
As part of such retabulation, the election authority shall | ||
test the
computer program in the selected precincts and on the | ||
selected early voting devices. Such test
shall be conducted by | ||
processing a preaudited group of ballots so punched
so as to | ||
record a predetermined number of valid votes for each candidate
| ||
and on each public question, and shall include for each office | ||
one or more
ballots which have votes in excess of the number | ||
allowed by law in order
to test the ability of the equipment to | ||
reject such votes. If any error
is detected, the cause therefor | ||
shall be ascertained and corrected and an
errorless count shall |
be made prior to the official canvass and proclamation
of | ||
election results.
| ||
The State Board of Elections, the State's Attorney and | ||
other appropriate
law enforcement agencies, the county chair | ||
chairman of each established political
party and qualified | ||
civic organizations shall be given prior written notice
of the | ||
time and place of such retabulation and may be represented at | ||
such
retabulation.
| ||
The results of this retabulation shall be treated in the | ||
same manner and
have the same effect as the results of the | ||
discovery procedures set forth
in Section 22-9.1 of this Act. | ||
Upon completion of the retabulation, the
election authority | ||
shall print a comparison of the results of the
retabulation | ||
with the original precinct return printed by the automatic
| ||
tabulating equipment. Such comparison shall be done for each | ||
precinct and for each early voting device selected for testing | ||
and
for each office voted upon within that precinct or on that | ||
voting device, and the comparisons shall
be open to the public.
| ||
(Source: P.A. 97-81, eff. 7-5-11.)
| ||
(10 ILCS 5/24B-10)
| ||
Sec. 24B-10. Receiving, Counting, Tallying and Return of
| ||
Ballots; Acceptance of Ballots by Election Authority.
| ||
(a) In an election jurisdiction which has adopted an | ||
electronic Precinct
Tabulation Optical Scan Technology voting | ||
system, the election
official in charge of the election shall |
select one of the 3
following procedures for receiving, | ||
counting, tallying, and
return of the ballots:
| ||
(1) Two ballot boxes shall be provided for each polling
| ||
place. The first ballot box is for the depositing of votes | ||
cast
on the electronic voting system; and the second ballot | ||
box is for
all votes cast on other ballots, including any | ||
paper ballots required to be voted other than on
the | ||
Precinct Tabulation Optical Scan Technology electronic | ||
voting
system. Ballots deposited in the second
ballot box | ||
shall be counted, tallied, and returned as is
elsewhere | ||
provided in this Code for the
counting and handling of | ||
paper ballots. Immediately after the
closing of the polls, | ||
the
judges of election shall make out a slip
indicating the | ||
number of persons who voted in the precinct at the
| ||
election. The slip shall be signed by all the judges of
| ||
election and shall be inserted by them in the first ballot | ||
box.
The judges of election shall thereupon immediately | ||
lock each
ballot box; provided, that if the box is not of a | ||
type which may
be securely locked, the box shall be sealed | ||
with filament tape
provided for the purpose that shall be | ||
wrapped around the box
lengthwise and crosswise, at least | ||
twice each way, and in a
manner that the seal completely | ||
covers the slot in the ballot
box, and each of the judges | ||
shall sign the seal. Two
of the judges of election, of | ||
different political parties, shall
by the most direct route | ||
transport both ballot
boxes to the counting location |
designated by the county clerk or
board of election | ||
commissioners.
| ||
Before the ballots of a precinct are fed to the | ||
electronic
Precinct Tabulation Optical Scan Technology | ||
tabulating equipment,
the first ballot box shall be opened | ||
at the central counting
station by the 2 precinct transport | ||
judges. Upon opening a
ballot box, the team shall first | ||
count the number of ballots in
the box. If 2 or more are | ||
folded together to appear to
have been cast by the same | ||
person, all of the ballots folded
together shall be marked | ||
and returned with the other ballots in
the same condition, | ||
as near as may be, in which they were found
when first | ||
opened, but shall not be counted. If the remaining
ballots | ||
are found to exceed the number of persons voting in the
| ||
precinct as shown by the slip signed by the judges of | ||
election,
the ballots shall be replaced in the box, and the | ||
box closed and
well shaken and again opened and one of the | ||
precinct transport
judges shall publicly draw out so many | ||
ballots unopened as are
equal to the excess.
| ||
The excess ballots shall be marked "Excess-Not | ||
Counted" and
signed by the 2 precinct transport judges and | ||
shall be placed
in the "After 7:00 p.m. Defective Ballots | ||
Envelope". The number
of excess ballots shall be noted in | ||
the remarks section of the
Certificate of Results. "Excess" | ||
ballots shall not be counted in
the total of "defective" | ||
ballots.
|
The precinct transport judges shall then examine the
| ||
remaining ballots for write-in votes and shall count and | ||
tabulate
the write-in vote.
| ||
(2) A single ballot box, for the deposit of all votes | ||
cast,
shall be used. All ballots which are not to be | ||
tabulated on the
electronic voting system shall be counted, | ||
tallied, and returned
as elsewhere provided in this Code | ||
for the
counting and handling of paper ballots.
| ||
All ballots to be processed and tabulated with the | ||
electronic
Precinct Tabulation Optical Scan Technology | ||
voting system shall
be processed as follows:
| ||
Immediately after the closing of the polls, the | ||
precinct judges of
election shall open the ballot box and | ||
canvass the votes
polled to determine that the number of | ||
ballots agree with
the number of voters voting as shown by | ||
the applications for
ballot, or if the same do not agree | ||
the judges of election shall
make such ballots agree with | ||
the applications for ballot in the
manner provided by | ||
Section 17-18 of this Code.
| ||
In case of an overvote for any office, the judges of
| ||
election, consisting in each case of at least one judge of
| ||
election of each of the 2 major political parties, shall | ||
make a
true duplicate ballot of all votes on the ballot | ||
except for
the office which is overvoted, by using the | ||
ballot of the
precinct and one of the marking devices, or | ||
equivalent ballot, of the
precinct to
transfer all votes of |
the voter except for the office overvoted,
to an official | ||
ballot of that kind used in the precinct at
that election. | ||
The original ballot upon which there is an
overvote shall | ||
be clearly labeled "Overvoted Ballot", and each
shall bear | ||
the same serial number which shall be placed thereon
by the | ||
judges of election, beginning with number 1 and
continuing | ||
consecutively for the ballots of that kind in that
| ||
precinct. The judges of election shall initial the | ||
"Duplicate
Overvoted Ballot" ballots and shall place them | ||
in the box for
return of the ballots. The "Overvoted | ||
Ballot" ballots shall be
placed in the "Duplicate Ballots" | ||
envelope. The ballots except
any defective or overvoted | ||
ballot shall be placed separately in
the box for return of | ||
the ballots. The judges
of election shall examine the | ||
ballots to determine if any is
damaged or defective so that | ||
it cannot be counted by the
automatic tabulating equipment. | ||
If any ballot is
damaged or defective so that it cannot | ||
properly be counted by the
automatic tabulating equipment, | ||
the judges of election,
consisting in each case of at least | ||
one judge of election of each
of the 2 major political | ||
parties, shall make a true duplicate
ballot of all votes on | ||
such ballot by using the ballot of
the precinct and one of | ||
the marking devices, or equivalent ballot, of the
precinct. | ||
The
original ballot and ballot envelope shall be clearly
| ||
labeled "Damaged Ballot" and the ballot so
produced | ||
"Duplicate Damaged Ballot", and each shall bear the same
|
number which shall be placed thereon by the judges of | ||
election,
commencing with number 1 and continuing | ||
consecutively for the
ballots of that kind in the precinct. | ||
The judges of election
shall initial the "Duplicate Damaged | ||
Ballot" ballot and shall place them in
the box for return | ||
of the ballots.
The "Damaged Ballot" ballots
shall be | ||
placed in the "Duplicated Ballots" envelope. A slip
| ||
indicating the number of voters voting in person and the | ||
total number
of voters of the precinct who voted at the | ||
election shall be made
out, signed by all judges of | ||
election, and inserted in the box
for return of the | ||
ballots. The tally sheets recording the write-in votes | ||
shall
be placed in this box. The judges of election | ||
immediately shall
securely lock the ballot box or other | ||
suitable box furnished for return of the
ballots by the | ||
election official in charge of the election; provided that | ||
if
the box is not of a type which may be securely locked, | ||
the box shall be
sealed with filament tape provided for the | ||
purpose which shall
be wrapped around the box lengthwise | ||
and crosswise, at least
twice each way. A separate adhesive | ||
seal label signed by each of
the judges of election of the | ||
precinct shall be affixed to the
box to cover any slot | ||
therein and to identify the box of
the precinct; and if the | ||
box is sealed with filament tape as
provided rather than | ||
locked, such tape shall be wrapped
around the box as | ||
provided, but in such manner that the
separate adhesive |
seal label affixed to the box and signed by the
judges may | ||
not be removed without breaking the filament tape and
| ||
disturbing the signature of the judges. Two of the
judges | ||
of election, of different major political parties,
shall by | ||
the most direct route transport the box for
return of the | ||
ballots and enclosed ballots and returns to the
central | ||
counting location designated by the election official in
| ||
charge of the election. If, however, because of the lack of
| ||
adequate parking facilities at the central counting | ||
location or
for any other reason, it is impossible or | ||
impracticable for the
boxes from all the polling places to | ||
be delivered directly to the
central counting location, the | ||
election official in charge of the
election may designate | ||
some other location to which the boxes
shall be delivered | ||
by the 2 precinct judges. While at the other
location the | ||
boxes shall be in the care and custody of one or
more | ||
teams, each consisting of 4 persons, 2 from each of the 2
| ||
major political parties, designated for such purpose by the
| ||
election official in charge of elections from | ||
recommendations by
the appropriate political party | ||
organizations. As soon as
possible, the boxes shall be | ||
transported from the other location
to the central counting | ||
location by one or more teams, each
consisting of 4 | ||
persons, 2 from each of the 2 major political
parties, | ||
designated for the purpose by the election official in
| ||
charge of elections from recommendations by the |
appropriate
political party organizations.
| ||
The "Defective Ballots" envelope, and "Duplicated | ||
Ballots"
envelope each shall be securely sealed and the | ||
flap or end
of each envelope signed by the precinct judges | ||
of election and
returned to the central counting location | ||
with the box for return
of the ballots, enclosed ballots | ||
and returns.
| ||
At the central counting location, a team of tally | ||
judges
designated by the election official in charge of the | ||
election
shall check the box returned containing the | ||
ballots to determine
that all seals are intact, and shall | ||
open the box,
check the voters' slip and compare the number | ||
of ballots so
delivered against the total number of voters | ||
of the precinct who
voted, remove the ballots and deliver | ||
them to the
technicians operating the automatic tabulating | ||
equipment. Any
discrepancies between the number of ballots | ||
and total number of
voters shall be noted on a sheet | ||
furnished for that purpose and
signed by the tally judges.
| ||
(3) A single ballot box, for the deposit of all votes | ||
cast,
shall be used. Immediately after the closing of the | ||
polls, the
precinct judges of election shall securely lock | ||
the ballot box;
provided that if such box is not of a type | ||
which may be securely
locked, the box shall be sealed with | ||
filament tape provided for
the purpose which shall be | ||
wrapped around the box lengthwise and
crosswise, at least | ||
twice each way. A separate adhesive seal
label signed by |
each of the judges of election of the precinct
shall be | ||
affixed to the box to cover any slot therein and
to | ||
identify the box of the precinct; and if the box is sealed
| ||
with filament tape as provided rather than locked, such
| ||
tape shall be wrapped around the box as provided, but in
a | ||
manner that the separate adhesive seal label affixed to the
| ||
box and signed by the judges may not be removed without | ||
breaking
the filament tape and disturbing the signature of | ||
the judges.
Two of the judges of election, of different | ||
major
political parties, shall by the most direct route
| ||
transport the box for return of the ballots and enclosed | ||
vote by mail and early
ballots and returns to the central | ||
counting location designated
by the election official in | ||
charge of the election. If however,
because of the lack of | ||
adequate parking facilities at the central
counting | ||
location or for some other reason, it is impossible or
| ||
impracticable for the boxes from all the polling places to | ||
be
delivered directly to the central counting location, the | ||
election
official in charge of the election may designate | ||
some other
location to which the boxes shall be delivered | ||
by the 2 precinct
judges. While at the other location the | ||
boxes shall be in the
care and custody of one or more | ||
teams, each consisting of 4
persons, 2 from each of the 2 | ||
major political parties,
designated for the purpose by the | ||
election official in charge of
elections from | ||
recommendations by the appropriate political party
|
organizations. As soon as possible, the boxes shall be
| ||
transported from the other location to the central counting
| ||
location by one or more teams, each consisting of 4 | ||
persons, 2
from each of the 2 major political parties, | ||
designated for the
purpose by the election official in | ||
charge of the election from
recommendations by the | ||
appropriate political party organizations.
| ||
At the central counting location there shall be one or | ||
more
teams of tally judges who possess the same | ||
qualifications as
tally judges in election jurisdictions | ||
using paper ballots. The
number of the teams shall be | ||
determined by the election
authority. Each team shall | ||
consist of 5 tally judges, 3 selected
and approved by the | ||
county board from a certified list furnished
by the chair | ||
chairman of the county central committee of the party with
| ||
the majority of members on the county board and 2 selected | ||
and
approved by the county board from a certified list | ||
furnished by
the chair chairman of the county central | ||
committee of the party with
the second largest number of | ||
members on the county board. At the
central counting | ||
location a team of tally judges shall open the
ballot box | ||
and canvass the votes polled to determine that the
number | ||
of ballot sheets therein agree with the number of voters
| ||
voting as shown by the applications for ballot and, if the | ||
same do not agree, the tally judges shall
make such ballots | ||
agree with the number of applications for
ballot in the |
manner provided by Section 17-18 of this
Code. The tally | ||
judges shall then examine all ballot sheets
that are in the | ||
ballot box to determine whether they bear the
initials of | ||
the precinct judge of election. If any ballot is not
| ||
initialed, it shall be marked on the back "Defective", | ||
initialed
as to that label by all tally judges immediately | ||
under the word
"Defective", and not counted, but placed in | ||
the envelope provided
for that purpose labeled "Defective | ||
Ballots Envelope". An
overvote for one office shall | ||
invalidate only the vote or count
for that particular | ||
office.
| ||
At the central counting location, a team of tally | ||
judges
designated by the election official in charge of the | ||
election
shall deliver the ballot sheets to the technicians | ||
operating the
automatic Precinct Tabulation Optical Scan | ||
Technology tabulating
equipment. Any discrepancies between | ||
the number of ballots and
total number of voters shall be | ||
noted on a sheet furnished for
that purpose and signed by | ||
the tally judges.
| ||
(b) Regardless of which procedure described in subsection
| ||
(a) of this Section is used, the judges of election designated | ||
to
transport the ballots properly signed and sealed,
shall | ||
ensure that the ballots are delivered to the
central counting | ||
station no later than 12 hours after the polls
close. At the | ||
central counting station, a team of tally judges
designated by | ||
the election official in charge of the election
shall examine |
the ballots so transported and shall not accept
ballots for | ||
tabulating which are not signed and sealed as
provided in | ||
subsection (a) of this Section until the judges
transporting | ||
the ballots make and sign the necessary corrections.
Upon | ||
acceptance of the ballots by a team of tally judges at the
| ||
central counting station, the election judges transporting the
| ||
ballots shall take a receipt signed by the election official in
| ||
charge of the election and stamped with the date and time of
| ||
acceptance. The election judges whose duty it is to transport
| ||
any ballots shall, in the event the ballots cannot be found | ||
when
needed, on proper request, produce the receipt which they | ||
are to
take as above provided.
| ||
(Source: P.A. 98-1171, eff. 6-1-15 .)
| ||
(10 ILCS 5/24B-11)
| ||
Sec. 24B-11.
Proceedings at Location for Central
Counting; | ||
Employees; Approval of List. All proceedings at the location | ||
for
central counting shall be under the direction of the county | ||
clerk
or board of election commissioners. Except
for any | ||
specially trained technicians required for the operation
of the | ||
automatic Precinct Tabulation Optical Scan Technology
| ||
tabulating equipment, the employees at the counting station | ||
shall
be equally divided between members of the 2 leading | ||
political
parties and all duties performed by the employees | ||
shall be by
teams consisting of an equal number of members of | ||
each political
party. Thirty days before an election the county |
clerk or board
of election commissioners shall submit to the | ||
chair chairman of each
political party, for his or her approval | ||
or disapproval, a list of
persons of his or her party proposed | ||
to be employed. If a chair chairman
fails to notify the | ||
election authority of his or her disapproval of any
proposed | ||
employee within a period of 10 days thereafter the list
shall | ||
be deemed approved.
| ||
(Source: P.A. 89-394, eff. 1-1-97.)
| ||
(10 ILCS 5/24B-15)
| ||
Sec. 24B-15. Official Return of Precinct; Check of Totals; | ||
Retabulation. The precinct return printed by the automatic
| ||
Precinct Tabulation Optical Scan Technology tabulating | ||
equipment
shall include the number of ballots cast
and votes | ||
cast for each candidate and proposition and shall
constitute | ||
the official return of each precinct. In addition to the | ||
precinct
return, the election
authority shall provide the | ||
number of applications for ballots in
each precinct, the | ||
write-in votes, the total number of ballots
counted in each | ||
precinct for each political subdivision and
district and the | ||
number of registered voters in each precinct.
However, the | ||
election authority shall check the totals shown by
the precinct | ||
return and, if there is an obvious discrepancy regarding
the | ||
total number of votes cast in any precinct, shall
have the | ||
ballots for that precinct retabulated to correct the
return.
| ||
The procedures for retabulation shall apply prior to and after |
the
proclamation is completed; however, after the proclamation | ||
of results, the
election authority must obtain a court order to | ||
unseal voted ballots except for
election contests and discovery | ||
recounts.
In those election jurisdictions that use in-precinct
| ||
counting equipment, the certificate of results, which has been
| ||
prepared by the judges of election after the
ballots have been | ||
tabulated, shall be the document used for the
canvass of votes | ||
for such precinct. Whenever a discrepancy
exists during the | ||
canvass of votes between the unofficial results
and the | ||
certificate of results, or whenever a discrepancy exists
during | ||
the canvass of votes between the certificate of results
and the | ||
set of totals which has been affixed to the certificate
of | ||
results, the ballots for that precinct shall be retabulated to
| ||
correct the return. As an additional part of this check prior | ||
to
the proclamation, in those jurisdictions where in-precinct
| ||
counting equipment is used, the election authority shall
| ||
retabulate the total number of votes cast in 5% of the | ||
precincts
within the election jurisdiction, as well as 5% of | ||
the voting devices used in early voting. The precincts and the | ||
voting devices to be
retabulated shall be selected after | ||
election day on a random
basis by the State Board of Elections, | ||
so that every precinct in the
election jurisdiction and every | ||
voting device used in early voting has an equal mathematical | ||
chance of being
selected. The State Board of Elections shall | ||
design a standard
and scientific random method of selecting the | ||
precincts and voting devices which are
to be retabulated. The |
State central committee chair chairman of each established | ||
political party
shall be given prior written notice
of the time | ||
and place of the random selection procedure and may
be | ||
represented at the procedure. The retabulation shall
consist of | ||
counting the ballots which were originally counted and
shall | ||
not involve any determination of which ballots were, in
fact, | ||
properly counted. The ballots from the precincts selected
for | ||
the retabulation shall remain at all times under the custody
| ||
and control of the election authority and shall be transported
| ||
and retabulated by the designated staff of the election
| ||
authority.
| ||
As part of the retabulation, the election authority shall
| ||
test the computer program in the selected precincts and on the | ||
selected early voting devices. The test
shall be conducted by | ||
processing a preaudited group of ballots
marked to record a | ||
predetermined number of valid votes for
each candidate and on | ||
each public question, and shall include for
each office one or | ||
more ballots which have votes in excess of the
number allowed | ||
by law to test the ability of the
equipment and the marking | ||
device to reject such votes. If any error is
detected, the
| ||
cause shall be determined and corrected, and an
errorless count | ||
shall be made prior to the official canvass and
proclamation of | ||
election results.
| ||
The State Board of Elections, the State's Attorney and | ||
other
appropriate law enforcement agencies, the county chair | ||
chairman of each
established political party and qualified |
civic organizations
shall be given prior written notice of the | ||
time and place of the
retabulation and may be represented at | ||
the retabulation.
| ||
The results of this retabulation shall be treated in the
| ||
same manner and have the same effect as the results of the
| ||
discovery procedures set forth in Section 22-9.1 of this Code.
| ||
Upon completion of the retabulation, the election authority | ||
shall
print a comparison of the results of the retabulation | ||
with the
original precinct return printed by the automatic | ||
tabulating
equipment. The comparison shall be done for each | ||
precinct and for each early voting device selected for testing | ||
and
for each office voted upon within that precinct or on that | ||
voting device, and the
comparisons shall be open to the public. | ||
Upon completion of the
retabulation, the returns shall be open | ||
to the public.
| ||
(Source: P.A. 97-81, eff. 7-5-11.)
| ||
(10 ILCS 5/24C-13)
| ||
Sec. 24C-13. Vote by Mail ballots; Early voting ballots; | ||
Proceedings at Location for
Central Counting; Employees; | ||
Approval of List. | ||
(a) All jurisdictions using Direct Recording Electronic
| ||
Voting Systems shall use paper ballots or paper ballot sheets
| ||
approved for use under Articles 16, 24A or 24B of this Code | ||
when
conducting vote by mail voting. All vote by mail
ballots | ||
shall be counted at the central ballot counting location of the |
election
authority. The provisions of Section 24A-9, 24B-9 and | ||
24C-9 of
this Code shall apply to the testing and notice | ||
requirements for
central count tabulation equipment, including | ||
comparing the
signature on the ballot envelope with the | ||
signature of the voter
on the permanent voter registration | ||
record card taken from the
master file. Vote results shall be | ||
recorded by precinct and shall
be added to the vote results for | ||
the precinct in which the vote by mail
voter was eligible to | ||
vote prior to completion of the
official canvass.
| ||
(b) All proceedings at the location for central counting
| ||
shall be under the direction of the county clerk or board of
| ||
election commissioners. Except for any specially trained
| ||
technicians required for the operation of the Direct Recording
| ||
Electronic Voting System, the employees at the counting station
| ||
shall be equally divided between members of the 2 leading
| ||
political parties and all duties performed by the employees
| ||
shall be by teams consisting of an equal number of members of
| ||
each political party. Thirty days before an election the county
| ||
clerk or board of election commissioners shall submit to the | ||
chair
chairman of each political party, for his or her approval | ||
or
disapproval, a list of persons of his or her party proposed | ||
to
be employed. If a chair chairman fails to notify the | ||
election
authority of his or her disapproval of any proposed | ||
employee
within a period of 10 days thereafter the list shall | ||
be deemed
approved.
| ||
(Source: P.A. 98-1171, eff. 6-1-15 .)
|
(10 ILCS 5/24C-15)
| ||
Sec. 24C-15. Official Return of Precinct; Check of Totals;
| ||
Audit. The precinct return printed by the Direct Recording
| ||
Electronic Voting System tabulating equipment shall include | ||
the
number of ballots cast and votes cast for each candidate | ||
and
public question and shall constitute the official return of | ||
each
precinct. In addition to the precinct return, the election
| ||
authority shall provide the number of applications for ballots
| ||
in each precinct, the total number of ballots and vote by mail
| ||
ballots counted in each precinct for each political subdivision
| ||
and district and the number of registered voters in each
| ||
precinct. However, the election authority shall check the
| ||
totals shown by the precinct return and, if there is an obvious
| ||
discrepancy regarding the total number of votes cast in any
| ||
precinct, shall have the ballots for that precinct audited to
| ||
correct the return. The procedures for this audit shall apply
| ||
prior to and after the proclamation is completed; however, | ||
after
the proclamation of results, the election authority must | ||
obtain
a court order to unseal voted ballots or voting devices | ||
except
for election contests and discovery recounts. The | ||
certificate
of results, which has been prepared and signed by | ||
the judges of
election after the ballots have been
tabulated, | ||
shall be the document used for the canvass of votes
for such | ||
precinct. Whenever a discrepancy exists during the
canvass of | ||
votes between the unofficial results and the
certificate of |
results, or whenever a discrepancy exists during
the canvass of | ||
votes between the certificate of results and the
set of totals | ||
reflected on the certificate of results, the
ballots for that | ||
precinct shall be audited to correct the
return.
| ||
Prior to the proclamation, the election authority shall
| ||
test the voting devices and equipment in 5% of the precincts
| ||
within the election jurisdiction, as well as 5% of the voting | ||
devices used in early voting. The precincts and the voting | ||
devices to be tested
shall be selected after election day on a | ||
random basis by the
State Board of Elections, so that every | ||
precinct and every device used in early voting in the election
| ||
jurisdiction has an equal mathematical chance of being | ||
selected.
The State Board of Elections shall design a standard | ||
and
scientific random method of selecting the precincts and | ||
voting devices that are to
be tested. The State central | ||
committee chair
chairman of each established political party | ||
shall be given prior written notice of the time
and place of | ||
the random selection procedure and may be
represented at the | ||
procedure.
| ||
The test shall be conducted by counting the votes marked on
| ||
the permanent paper record of each ballot cast in the tested
| ||
precinct printed by the voting system at the time that each
| ||
ballot was cast and comparing the results of this count with | ||
the
results shown by the certificate of results prepared by the
| ||
Direct Recording Electronic Voting System in the test precinct.
| ||
The election authority shall test count these votes either by
|
hand or by using an automatic tabulating device other than a
| ||
Direct Recording Electronic voting device that has been | ||
approved
by the State Board of Elections for that purpose and | ||
tested
before use to ensure accuracy. The election authority | ||
shall
print the results of each test count. If any error is | ||
detected,
the cause shall be determined and corrected, and an | ||
errorless
count shall be made prior to the official canvass and
| ||
proclamation of election results. If an errorless count cannot
| ||
be conducted and there continues to be difference in vote
| ||
results between the certificate of results produced by the
| ||
Direct Recording Electronic Voting System and the count of the
| ||
permanent paper records or if an error was detected and
| ||
corrected, the election authority shall immediately prepare | ||
and
forward to the appropriate canvassing board a written | ||
report
explaining the results of the test and any errors | ||
encountered
and the report shall be made available for public | ||
inspection.
| ||
The State Board of Elections, the State's Attorney and
| ||
other appropriate law enforcement agencies, the county chair | ||
chairman
of each established political party and qualified | ||
civic
organizations shall be given prior written notice of the | ||
time
and place of the test and may be represented at the test.
| ||
The results of this post-election test shall be treated in
| ||
the same manner and have the same effect as the results of the
| ||
discovery procedures set forth in Section 22-9.1 of this Code.
| ||
(Source: P.A. 97-81, eff. 7-5-11; 98-1171, eff. 6-1-15 .)
|
(10 ILCS 5/25-6) (from Ch. 46, par. 25-6)
| ||
Sec. 25-6.
(a) When a vacancy occurs in the office of State | ||
Senator or
Representative in the General Assembly, the vacancy | ||
shall be filled within
30 days by appointment of the | ||
legislative or representative committee of
that legislative or | ||
representative district of the political
party of which the | ||
incumbent was a candidate at the time of his
election. The | ||
appointee shall be a member of the same political party as
the | ||
person he succeeds was at the time of his election, and shall | ||
be
otherwise eligible to serve as a member of the General | ||
Assembly.
| ||
(b) When a vacancy occurs in the office of a legislator | ||
elected
other than as a candidate of a political party, the | ||
vacancy shall be
filled within 30 days of such occurrence by | ||
appointment of the Governor.
The appointee shall not be a | ||
member of a political party, and shall be
otherwise eligible to | ||
serve as a member of the General Assembly.
Provided, however, | ||
the appropriate body of the General Assembly may, by
| ||
resolution, allow a legislator elected other than as a | ||
candidate of a
political party to affiliate with a political | ||
party for his term of
office in the General Assembly. A vacancy | ||
occurring in the office of any
such legislator who affiliates | ||
with a political party pursuant to
resolution shall be filled | ||
within 30 days of such occurrence by
appointment of the | ||
appropriate legislative or representative
committee of that |
legislative or representative district of the political
party | ||
with which the legislator so affiliates. The appointee shall be | ||
a
member of the political party with which the incumbent | ||
affiliated.
| ||
(c) For purposes of this Section, a person is a member of a
| ||
political party for 23 months after (i) signing a candidate | ||
petition, as
to the political party whose nomination is sought; | ||
(ii) signing a
statement of candidacy, as to the political | ||
party where nomination or
election is sought; (iii) signing a | ||
Petition of Political Party
Formation, as to the proposed | ||
political party; (iv) applying for and
receiving a primary | ||
ballot, as to the political party whose ballot is
received; or | ||
(v) becoming a candidate for election to or accepting
| ||
appointment to the office of ward, township, precinct or state | ||
central committeeperson
committeeman .
| ||
(d) In making appointments under this Section, each | ||
committeeperson committeeman of
the appropriate legislative or | ||
representative committee
shall be entitled to one vote for each | ||
vote that was received, in that
portion of the legislative or | ||
representative district which he represents
on the committee, | ||
by the Senator or Representative whose seat is vacant at the
| ||
general election at which that legislator was elected to the | ||
seat which
has been vacated and a majority of the total number | ||
of votes received in
such election by the Senator or | ||
Representative whose seat is vacant is
required for the | ||
appointment of his successor; provided,
however, that in making |
appointments in legislative or representative
districts | ||
comprising only one county or part of a county
other than a | ||
county containing 2,000,000 or more inhabitants, each | ||
committeeperson
committeeman shall be entitled to cast only one | ||
vote.
| ||
(e) Appointments made under this Section shall be in | ||
writing
and shall be signed by members of the legislative or | ||
representative committee
whose total votes are sufficient to | ||
make the appointments or by the
Governor, as the case may be. | ||
Such appointments shall be filed with the
Secretary of State | ||
and with the Clerk of the House of Representatives or
the | ||
Secretary of the Senate, whichever is appropriate.
| ||
(f) An appointment made under this Section shall be for the
| ||
remainder of the term, except that, if the appointment is to | ||
fill a
vacancy in the office of State Senator and the vacancy | ||
occurs with more
than 28 months remaining in the term, the term | ||
of the
appointment shall expire at the time of
the next general | ||
election at which time a
Senator shall be elected for a new | ||
term commencing on the determination
of the results of the | ||
election and ending on the second Wednesday of
January in the | ||
second odd-numbered year next occurring. Whenever a
Senator has | ||
been appointed to fill a vacancy and
was thereafter elected to | ||
that office, the term of service under the
authority of the | ||
election shall
be considered a new term of service, separate | ||
from the term of service
rendered under the authority of the | ||
appointment.
|
(Source: P.A. 97-81, eff. 7-5-11.)
| ||
(10 ILCS 5/25-11) (from Ch. 46, par. 25-11)
| ||
Sec. 25-11.
When a vacancy occurs in any elective county | ||
office, or in a
county of less than 3,000,000 population in the | ||
office of clerk of the circuit
court, in a county which is not | ||
a home rule unit, the county board or board
of county | ||
commissioners shall declare that such vacancy exists and
| ||
notification thereof
shall be given to the county central | ||
committee or the appropriate county board
or board of county | ||
commissioners district committee of each established
political | ||
party within 3 days of the
occurrence of the vacancy. The | ||
vacancy shall be filled
within 60 days by appointment of the | ||
chair chairman of the county board
or board of county | ||
commissioners with the advice and consent of the county
board | ||
or board of county commissioners.
In counties in which forest | ||
preserve district commissioners are
elected by districts and | ||
are not also members of the county board, however,
vacancies in | ||
the office of forest preserve district commissioner shall be
| ||
filled within 60 days by appointment of the president of the | ||
forest preserve
district board of commissioners with the advice | ||
and consent of the forest
preserve district board of | ||
commissioners. In counties in which the forest
preserve | ||
district president is not also a member of the county board, | ||
vacancies
in
the office of forest preserve district president | ||
shall be filled within 60 days
by the forest preserve district |
board of commissioners by appointing one of the
commissioners | ||
to serve as president.
The appointee
shall be a member of the | ||
same political party as the person he
succeeds was at the time | ||
of his election and shall be otherwise
eligible to serve.
The | ||
appointee shall serve the remainder of the unexpired term. | ||
However, if
more than 28 months remain in the term, the | ||
appointment shall be until the
next general election at which | ||
time the vacated office shall be
filled by election for the | ||
remainder of the term. In the
case of a vacancy in a seat on a | ||
county board or board of county
commissioners which
has been | ||
divided into districts under Section 2-3003 or 2-4006.5 of
the | ||
Counties Code, the appointee must also be a resident of the
| ||
county board or county commission district.
If a county | ||
commissioner ceases to reside in the district that he or
she | ||
represents, a vacancy in that office exists.
| ||
Except as otherwise provided by county ordinance or by law, | ||
in
any county which is a home rule unit, vacancies in elective
| ||
county offices, other than the office of chief executive | ||
officer,
and vacancies in the office of clerk of the circuit | ||
court in a county of
less than 3,000,000 population, shall be | ||
filled
by the county board or board of county commissioners.
| ||
(Source: P.A. 92-189, eff. 8-1-01; 92-583, eff. 6-26-02.)
| ||
(10 ILCS 5/28-13) (from Ch. 46, par. 28-13)
| ||
Sec. 28-13.
Each political party and civic organization as | ||
well as the
registered proponents and opponents of a proposed
|
statewide advisory public question shall be entitled to one | ||
watcher in
the office of the election authority to observe the | ||
conduct of the sample
signature verification. However, in those | ||
election jurisdictions where
a 10% sample is required, the | ||
proponents and opponents may appoint no more than
5 assistant | ||
watchers in addition to the 1 principal watcher permitted | ||
herein.
| ||
Within 7 days following the last day for filing of the | ||
original petition,
the proponents and opponents shall certify | ||
in writing to the Board that they
publicly support or oppose | ||
the proposed statewide
advisory public question. The | ||
proponents and opponents of such questions shall
register the | ||
name and address of its group and the name and address of its | ||
chair
chairman and designated agent for acceptance of service | ||
of notices with
the Board. Thereupon, the Board shall prepare a | ||
list of the registered
proponents and opponents and shall adopt | ||
a standard proponents' and opponents' watcher
credential form. | ||
A copy of such list and sufficient copies of such credentials
| ||
shall be transmitted with the list for the sample signature | ||
verification
to the appropriate election authorities. Those | ||
election authorities shall
issue credentials to the | ||
permissible number of watchers for each proponent and opponent
| ||
group; provided, however, that a prospective watcher shall | ||
first present
to the election authority a letter of | ||
authorization signed by the chair chairman
of the proponent or | ||
opponent group he or she represents.
|
Political party and qualified civic organization watcher | ||
credentials shall
be substantially in the form and shall be | ||
authorized in the manner prescribed
in Section 7-34 of this | ||
Code.
| ||
The rights and limitations of pollwatchers as prescribed by | ||
Section 7-34
of this Code, insofar as they may be made | ||
applicable, shall be applicable
to watchers at the conduct of | ||
the sample signature verification.
| ||
The principal watcher for the proponents and opponents may | ||
make signed written
objections to the Board relating to | ||
procedures observed during the conduct
of the sample signature | ||
verification which could materially affect the results
of the | ||
sample. Such written objections shall be presented to the | ||
election
authority and a copy mailed to the Board and shall be | ||
attached to the certificate
of sample results transmitted by | ||
the election authority to the Board.
| ||
(Source: P.A. 97-81, eff. 7-5-11.)
| ||
(10 ILCS 5/29B-10) (from Ch. 46, par. 29B-10; formerly Ch. | ||
46, par. 1103)
| ||
Sec. 29B-10. Code of Fair Campaign Practices. At the time a
| ||
political committee, as defined in Article 9, files its
| ||
statements of organization, the State Board of Elections, in | ||
the case of a
state political committee or a political | ||
committee acting as both a state
political committee and a | ||
local political committee, or the county clerk,
in the case of |
a local political committee, shall give the political
committee | ||
a blank form of the Code of Fair Campaign Practices and a copy | ||
of
the provisions of this Article. The State Board of Elections | ||
or county clerk
shall inform each political committee that | ||
subscription to the Code is
voluntary. The text of the Code | ||
shall read as follows:
| ||
CODE OF FAIR CAMPAIGN PRACTICES
| ||
There are basic principles of decency, honesty, and fair | ||
play that every
candidate for public office in the State of | ||
Illinois has a moral obligation
to observe and uphold, in order | ||
that, after vigorously contested but fairly
conducted | ||
campaigns, our citizens may exercise their constitutional | ||
right
to a free and untrammeled choice and the will of the | ||
people may be fully
and clearly expressed on the issues.
| ||
THEREFORE:
| ||
(1) I will conduct my campaign openly and publicly, and | ||
limit attacks on
my opponent to legitimate challenges to his | ||
record.
| ||
(2) I will not use or permit the use of character | ||
defamation, whispering
campaigns, libel, slander, or | ||
scurrilous attacks on any candidate or his
personal or family | ||
life.
| ||
(3) I will not use or permit any appeal to negative | ||
prejudice based on
race, sex, sexual orientation, religion or | ||
national origin.
| ||
(4) I will not use campaign material of any sort that |
misrepresents,
distorts, or otherwise falsifies the facts, nor | ||
will I use
malicious or unfounded accusations that aim at | ||
creating or exploiting
doubts, without justification, as to the | ||
personal integrity or patriotism
of my opposition.
| ||
(5) I will not undertake or condone any dishonest or | ||
unethical practice
that tends to corrupt or undermine our | ||
American system of free elections
or that hampers or prevents | ||
the full and free expression of the will of
the voters.
| ||
(6) I will defend and uphold the right of every qualified | ||
American voter
to full and equal participation in the electoral | ||
process.
| ||
(7) I will immediately and publicly repudiate methods and | ||
tactics that
may come from others that I have pledged not to | ||
use or condone. I shall
take firm action against any | ||
subordinate who violates any provision of this
Code or the laws | ||
governing elections.
| ||
I, the undersigned, candidate for election to public office | ||
in the State
of Illinois or chair chairman of a political | ||
committee in support of or
opposition to a question of public | ||
policy, hereby voluntarily endorse,
subscribe to, and solemnly | ||
pledge myself to conduct my campaign
in accordance with the | ||
above principles and practices.
| ||
______________ _______________________________
| ||
Date Signature
| ||
(Source: P.A. 86-873; 87-1052.)
|
(10 ILCS 5/29B-20) (from Ch. 46, par. 29B-20; formerly Ch. | ||
46, par. 1105)
| ||
Sec. 29B-20.
Acceptance of completed forms; retentions for | ||
public
inspection. The State Board of Elections and the county | ||
clerks shall accept,
at all times prior to an election, all | ||
completed copies of the Code of Fair
Campaign Practices that | ||
are properly subscribed to by a candidate or the chair
chairman | ||
of a political committee in support of or opposition to a | ||
question of
public policy, and shall retain them for public | ||
inspection until 30 days after
the election.
| ||
(Source: P.A. 86-873; 87-1052.)
| ||
(10 ILCS 5/29B-25) (from Ch. 46, par. 29B-25; formerly Ch. | ||
46, par. 1106)
| ||
Sec. 29B-25. Subscribed forms as public records. Every copy | ||
of the Code of
Fair Campaign Practices subscribed to by a | ||
candidate or the chair chairman of a
political committee in | ||
support of or opposition to a question of public policy
under | ||
this Article is a public record open for public inspection.
| ||
(Source: P.A. 86-873; 87-1052.)
| ||
(10 ILCS 5/29B-30) (from Ch. 46, par. 29B-30; formerly Ch. | ||
46, par. 1107)
| ||
Sec. 29B-30. Subscription to Code voluntary. The | ||
subscription by a candidate
or the chair chairman of a | ||
political committee in support of or opposition to a
question |
of public policy is voluntary.
| ||
A candidate, or the chair chairman of a political | ||
committee, who has filed a
copy of the Code of Fair Campaign | ||
Practices may so indicate on any campaign
literature or | ||
advertising in a form to be determined by the State Board of
| ||
Elections.
| ||
(Source: P.A. 86-873; 87-1052.)
| ||
Section 99. Effective date. This Act takes effect January | ||
1, 2019.
|