Public Act 93-0574
SB428 Enrolled LRB093 07599 JAM 07778 b
AN ACT concerning elections.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Election Code is amended by changing
Sections 2A-12, 4-6.2, 4-8, 4-33, 5-7, 5-16.2, 5-43, 6-35,
6-50.2, 6-79, 7-7, 7-8, 7-10, 7-10.2, 7-17, 7-34, 7-41,
8-8.1, 9-1.5, 9-3, 9-10, 9-21, 10-5.1, 13-1.1, 14-3.2, 16-3,
17-23, 17-29, 19-2.1, 19-2.2, 19-10, 22-5, 22-9, 22-15,
24B-2, 24B-6, 24B-8, 24B-9, 24B-9.1, 24B-10, 24B-10.1,
24B-15, 24B-18, 28-6, and 28-9 and by adding Articles 18A and
24C and Sections 1-10, 1A-16, 1A-20, 9-1.14, 23-15.1, and
24A-22 as follows:
(10 ILCS 5/1-10 new)
Sec. 1-10. Public comment. Notwithstanding any law to
the contrary, the State Board of Elections in evaluating the
feasibility of any new voting system shall seek and accept
public comment from persons of the disabled community,
including but not limited to organizations of the blind.
(10 ILCS 5/1A-16 new)
Sec. 1A-16. Voter registration information; internet
posting; processing of voter registration forms; content of
such forms. Notwithstanding any law to the contrary, the
following provisions shall apply to voter registration under
this Code.
(a) Voter registration information; Internet posting of
voter registration form. Within 90 days after the effective
date of this amendatory Act of the 93rd General Assembly, the
State Board of Elections shall post on its World Wide Web
site the following information:
(1) A comprehensive list of the names, addresses,
phone numbers, and websites, if applicable, of all county
clerks and boards of election commissioners in Illinois.
(2) A schedule of upcoming elections and the
deadline for voter registration.
(3) A downloadable, printable voter registration
form, in at least English and in Spanish versions, that a
person may complete and mail or submit to the State Board
of Elections or the appropriate county clerk or board of
election commissioners.
Any forms described under paragraph (3) must state the
following:
If you do not have a driver's license or social
security number, and this form is submitted by mail, and
you have never registered to vote in the jurisdiction you
are now registering in, then you must send, with this
application, either (i) a copy of a current and valid
photo identification, or (ii) a copy of a current utility
bill, bank statement, government check, paycheck, or
other government document that shows the name and address
of the voter. If you do not provide the information
required above, then you will be required to provide
election officials with either (i) or (ii) described
above the first time you vote at a voting place or by
absentee ballot.
(b) Acceptance of registration forms by the State Board
of Elections and county clerks and board of election
commissioners. The State Board of Elections, county clerks,
and board of election commissioners shall accept all
completed voter registration forms described in subsection
(a)(3) that are:
(1) postmarked on or before the day that voter
registration is closed under the Election Code;
(2) not postmarked, but arrives no later than 5
days after the close of registration;
(3) submitted in person by a person using the form
on or before the day that voter registration is closed
under the Election Code; or
(4) submitted in person by a person who submits one
or more forms on behalf of one or more persons who used
the form on or before the day that voter registration is
closed under the Election Code.
Upon the receipt of a registration form, the State Board
of Elections shall mark the date on which the form was
received and send the form via first class mail to the
appropriate county clerk or board of election commissioners,
as the case may be, within 2 business days based upon the
home address of the person submitting the registration form.
The county clerk and board of election commissioners shall
accept and process any form received from the State Board of
Elections.
(c) Processing of registration forms by county clerks
and boards of election commissioners. The county clerk or
board of election commissioners shall promulgate procedures
for processing the voter registration form.
(d) Contents of the voter registration form. The State
Board shall create a voter registration form, which must
contain the following content:
(1) Instructions for completing the form.
(2) A summary of the qualifications to register to
vote in Illinois.
(3) Instructions for mailing in or submitting the
form in person.
(4) The phone number for the State Board of
Elections should a person submitting the form have
questions.
(5) A box for the person to check that explains one
of 3 reasons for submitting the form:
(a) new registration;
(b) change of address; or
(c) change of name.
(6) a box for the person to check yes or no that
asks, "Are you a citizen of the United States?", a box
for the person to check yes or no that asks, "Will you be
18 years of age on or before election day?", and a
statement of "If you checked 'no' in response to either
of these questions, then do not complete this form.".
(7) A space for the person to fill in his or her
home telephone number.
(8) Spaces for the person to fill in his or her
first, middle, and last names, street address (principal
place of residence), county, city, state, and zip code.
(9) Spaces for the person to fill in his or her
mailing address, city, state, and zip code if different
from his or her principal place of residence.
(10) A space for the person to fill in his or her
Illinois driver's license number if the person has a
driver's license.
(11) A space for a person without a driver's
license to fill in the last four digits of his or her
social security number if the person has a social
security number.
(12) A space for a person without an Illinois
driver's license to fill in his or her identification
number from his or her State Identification card issued
by the Secretary of State.
(13) A space for the person to fill the name
appearing on his or her last voter registration, the
street address of his or her last registration, including
the city, county, state, and zip code.
(14) A space where the person swears or affirms the
following under penalty of perjury with his or her
signature:
(a) "I am a citizen of the United States.";
(b) "I will be at least 18 years old on or
before the next election.";
(c) "I will have lived in the State of
Illinois and in my election precinct at least 30
days as of the date of the next election."; and
"The information I have provided is true to the
best of my knowledge under penalty of perjury. If I
have provided false information, than I may be
fined, imprisoned, or if I am not a U.S. citizen,
deported from or refused entry into the United
States."
(d) Compliance with federal law; rulemaking authority.
The voter registration form described in this Section shall
be consistent with the form prescribed by the Federal
Election Commission under the National Voter Registration Act
of 1993, P.L. 103-31, as amended from time to time, and the
Help America Vote Act of 2002, P.L. 107-252, in all relevant
respects. The State Board of Elections shall periodically
update the form based on changes to federal or State law. The
State Board of Elections shall promulgate any rules necessary
for the implementation of this Section; provided that the
rules comport with the letter and spirit of the National
Voter Registration Act of 1993 and Help America Vote Act of
2002 and maximize the opportunity for a person to register to
vote.
(e) Forms available in paper form. The State Board of
Elections shall make the voter registration form available in
regular paper stock and form in sufficient quantities for the
general public. The State Board of Elections may provide the
voter registration form to the Secretary of State, county
clerks, boards of election commissioners, designated agencies
of the State of Illinois, and any other person or entity
designated to have these forms by the Election Code in
regular paper stock and form or some other format deemed
suitable by the Board. Each county clerk or board of election
commissioners has the authority to design and print its own
voter registration form so long as the form complies with the
requirements of this Section. The State Board of Elections,
county clerks, boards of election commissioners, or other
designated agencies of the State of Illinois required to have
these forms under the Election Code shall provide a member of
the public with any reasonable number of forms that he or she
may request. Nothing in this Section shall permit the State
Board of Elections, county clerk, board of election
commissioners, or other appropriate election official who may
accept a voter registration form to refuse to accept a voter
registration form because the form is printed on photocopier
or regular paper stock and form.
(f) Internet voter registration study. The State Board
of Elections shall investigate the feasibility of offering
voter registration on its website and consider voter
registration methods of other states in an effort to maximize
the opportunity for all Illinois citizens to register to
vote. The State Board of Elections shall assemble its
findings in a report and submit it to the General Assembly no
later than January 1, 2006. The report shall contain
legislative recommendations to the General Assembly on
improving voter registration in Illinois.
(10 ILCS 5/1A-20 new)
Sec. 1A-20. Help Illinois Vote Fund. The Help Illinois
Vote Fund is created as a special fund in the State treasury.
All federal funds received by the State for the
implementation of the federal Help America Vote Act of 2002
shall be deposited into the Help Illinois Vote Fund. Moneys
from any other source may be deposited into the Help Illinois
Vote Fund. The Help Illinois Vote Fund shall be appropriated
solely to the State Board of Elections for use only in the
performance of activities and programs authorized or mandated
by or in accordance with the federal Help America Vote Act of
2002.
(10 ILCS 5/2A-12) (from Ch. 46, par. 2A-12)
Sec. 2A-12. Board of Review - Time of Election. A
member of the Board of Review in any county which elects
members of a Board of Review shall be elected, at each
general election which immediately precedes the expiration of
the term of any incumbent member, to succeed each member
whose term ends before the following general election, except
that members of the Cook County Board of Review shall be
elected as provided in subsection (c) of Section 5-5 of the
Property Tax Code.
(Source: P.A. 80-936.)
(10 ILCS 5/4-6.2) (from Ch. 46, par. 4-6.2)
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 their respective
municipalities, townships and road districts. A deputy
registrar serving as such by virtue of his status as a
municipal clerk, or a duly authorized deputy of a municipal
clerk, of a municipality the territory of which lies in more
than one county may accept the registration of any qualified
resident of the municipality, regardless of which county the
resident, municipal clerk or the duly authorized deputy of
the municipal clerk lives in.
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
county, except during the 27 days preceding an election.
The election authority shall appoint as deputy registrars
a reasonable number of employees of the Secretary of State
located at driver's license examination stations and
designated to the election authority by the Secretary of
State who may accept the registration of any qualified
residents of the county at any such driver's license
examination stations. The appointment of employees of the
Secretary of State as deputy registrars shall be made in the
manner provided in Section 2-105 of the Illinois Vehicle
Code.
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
county, 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
qualified resident of the county, 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 county, 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
county.
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
county. 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.
6. The Director of the Illinois Department of
Public Aid, 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
county.
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 Chairman of the County Central Committee of the
applicant's political party. A 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 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 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 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 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 proper election authority 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 proper 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. The county clerk shall not be
required to provide additional forms to any deputy registrar
having more than 200 registration forms unaccounted for
during the preceding 12 month period.
(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.
(Source: P.A. 92-816, eff. 8-21-02.)
(10 ILCS 5/4-8) (from Ch. 46, par. 4-8)
Sec. 4-8. The county clerk shall provide a sufficient
number of blank forms for the registration of electors, which
shall be known as registration record cards and which shall
consist of loose leaf sheets or cards, of suitable size to
contain in plain writing and figures the data hereinafter
required thereon or shall consist of computer cards of
suitable nature to contain the data required thereon. The
registration record cards, which shall include an affidavit
of registration as hereinafter provided, shall be executed in
duplicate.
The registration record card shall contain the following
and such other information as the county clerk may think it
proper to require for the identification of the applicant for
registration:
Name. The name of the applicant, giving surname and
first or Christian name in full, and the middle name or the
initial for such middle name, if any.
Sex.
Residence. The name and number of the street, avenue, or
other location of the dwelling, including the apartment, unit
or room number, if any, and in the case of a mobile home the
lot number, and such additional clear and definite
description as may be necessary to determine the exact
location of the dwelling of the applicant. Where the location
cannot be determined by street and number, then the section,
congressional township and range number may be used, or such
other description as may be necessary, including post-office
mailing address. In the case of a homeless individual, the
individual's voting residence that is his or her mailing
address shall be included on his or her registration record
card.
Term of residence in the State of Illinois and precinct.
This information shall be furnished by the applicant stating
the place or places where he resided and the dates during
which he resided in such place or places during the year next
preceding the date of the next ensuing election.
Nativity. The state or country in which the applicant
was born.
Citizenship. Whether the applicant is native born or
naturalized. If naturalized, the court, place, and date of
naturalization.
Date of application for registration, i.e., the day,
month and year when applicant presented himself for
registration.
Age. Date of birth, by month, day and year.
Physical disability of the applicant, if any, at the time
of registration, which would require assistance in voting.
The county and state in which the applicant was last
registered.
Signature of voter. The applicant, after the
registration and in the presence of a deputy registrar or
other officer of registration shall be required to sign his
or her name in ink to the affidavit on both the original and
duplicate registration record cards.
Signature of deputy registrar or officer of registration.
In case applicant is unable to sign his name, he may
affix his mark to the affidavit. In such case the officer
empowered to give the registration oath shall write a
detailed description of the applicant in the space provided
on the back or at the bottom of the card or sheet; and shall
ask the following questions and record the answers thereto:
Father's first name.
Mother's first name.
From what address did the applicant last register?
Reason for inability to sign name.
Each applicant for registration shall make an affidavit
in substantially the following form:
AFFIDAVIT OF REGISTRATION
STATE OF ILLINOIS
COUNTY OF .......
I hereby swear (or affirm) that I am a citizen of the
United States; that on the date of the next election I shall
have resided in the State of Illinois and in the election
precinct in which I reside 30 days and that I intend that
this location shall be my residence; that I am fully
qualified to vote, and that the above statements are true.
..............................
(His or her signature or mark)
Subscribed and sworn to before me on (insert date).
..................................
Signature of registration officer.
(To be signed in presence of registrant.)
Space shall be provided upon the face of each
registration record card for the notation of the voting
record of the person registered thereon.
Each registration record card shall be numbered according
to precincts, and may be serially or otherwise marked for
identification in such manner as the county clerk may
determine.
The registration cards shall be deemed public records and
shall be open to inspection during regular business hours,
except during the 27 days immediately preceding any election.
On written request of any candidate or objector or any person
intending to object to a petition, the election authority
shall extend its hours for inspection of registration cards
and other records of the election authority during the period
beginning with the filing of petitions under Sections 7-10,
8-8, 10-6 or 28-3 and continuing through the termination of
electoral board hearings on any objections to petitions
containing signatures of registered voters in the
jurisdiction of the election authority. The extension shall
be for a period of hours sufficient to allow adequate
opportunity for examination of the records but the election
authority is not required to extend its hours beyond the
period beginning at its normal opening for business and
ending at midnight. If the business hours are so extended,
the election authority shall post a public notice of such
extended hours. Registration record cards may also be
inspected, upon approval of the officer in charge of the
cards, during the 27 days immediately preceding any election.
Registration record cards shall also be open to inspection by
certified judges and poll watchers and challengers at the
polling place on election day, but only to the extent
necessary to determine the question of the right of a person
to vote or to serve as a judge of election. At no time shall
poll watchers or challengers be allowed to physically handle
the registration record cards.
Updated copies of computer tapes or computer discs or
other electronic data processing information containing voter
registration information shall be furnished by the county
clerk within 10 days after December 15 and May 15 each year
and within 10 days after each registration period is closed
to the State Board of Elections in a form prescribed by the
Board. For the purposes of this Section, a registration
period is closed 27 days before the date of any regular or
special election. Registration information shall include, but
not be limited to, the following information: name, sex,
residence, telephone number, if any, age, party affiliation,
if applicable, precinct, ward, township, county, and
representative, legislative and congressional districts. In
the event of noncompliance, the State Board of Elections is
directed to obtain compliance forthwith with this
nondiscretionary duty of the election authority by
instituting legal proceedings in the circuit court of the
county in which the election authority maintains the
registration information. The costs of furnishing updated
copies of tapes or discs shall be paid at a rate of $.00034
per name of registered voters in the election jurisdiction,
but not less than $50 per tape or disc and shall be paid from
appropriations made to the State Board of Elections for
reimbursement to the election authority for such purpose. The
Board shall furnish copies of such tapes, discs, other
electronic data or compilations thereof to state political
committees registered pursuant to the Illinois Campaign
Finance Act or the Federal Election Campaign Act at their
request and at a reasonable cost. Copies of the tapes, discs
or other electronic data shall be furnished by the county
clerk to local political committees at their request and at a
reasonable cost. To protect the privacy and confidentiality
of voter registration information, the disclosure of
electronic voter registration records to any person or entity
other than a State or local political committee is
specifically prohibited. Reasonable cost of the tapes, discs,
et cetera for this purpose would be the cost of duplication
plus 15% for administration. The individual representing a
political committee requesting copies of such tapes shall
make a sworn affidavit that the information shall be used
only for bona fide political purposes, including by or for
candidates for office or incumbent office holders. Such
tapes, discs or other electronic data shall not be used under
any circumstances by any political committee or individuals
for purposes of commercial solicitation or other business
purposes. If such tapes contain information on county
residents related to the operations of county government in
addition to registration information, that information shall
not be used under any circumstances for commercial
solicitation or other business purposes. The prohibition in
this Section against using the computer tapes or computer
discs or other electronic data processing information
containing voter registration information for purposes of
commercial solicitation or other business purposes shall be
prospective only from the effective date of this amended Act
of 1979. Any person who violates this provision shall be
guilty of a Class 4 felony.
The State Board of Elections shall promulgate, by October
1, 1987, such regulations as may be necessary to ensure
uniformity throughout the State in electronic data processing
of voter registration information. The regulations shall
include, but need not be limited to, specifications for
uniform medium, communications protocol and file structure to
be employed by the election authorities of this State in the
electronic data processing of voter registration information.
Each election authority utilizing electronic data processing
of voter registration information shall comply with such
regulations on and after May 15, 1988.
If the applicant for registration was last registered in
another county within this State, he shall also sign a
certificate authorizing cancellation of the former
registration. The certificate shall be in substantially the
following form:
To the County Clerk of.... County, Illinois. (or)
To the Election Commission of the City of ...., Illinois.
This is to certify that I am registered in your (county)
(city) and that my residence was ............................
Having moved out of your (county) (city), I hereby authorize
you to cancel said registration in your office.
Dated at ...., Illinois, on (insert date).
.................................
(Signature of Voter)
Attest: ................, County Clerk, .............
County, Illinois.
The cancellation certificate shall be mailed immediately
by the County Clerk to the County Clerk (or election
commission as the case may be) where the applicant was
formerly registered. Receipt of such certificate shall be
full authority for cancellation of any previous registration.
(Source: P.A. 91-357, eff. 7-29-99; 92-465, eff. 1-1-02;
92-816, eff. 8-21-02.)
(10 ILCS 5/4-33)
Sec. 4-33. Computerization of voter records.
(a) The State Board of Elections shall design a
registration record card that, except as otherwise provided
in this Section, shall be used in duplicate by all election
authorities in the State adopting a computer-based voter
registration file as provided in this Section. The Board
shall prescribe the form and specifications, including but
not limited to the weight of paper, color, and print of the
cards. The cards shall contain boxes or spaces for the
information required under Sections 4-8 and 4-21; provided
that the cards shall also contain: (i) A space for a person
to fill in his or her Illinois driver's license number if the
person has a driver's license; (ii) A space for a person
without a driver's license to fill in the last four digits of
his or her social security number if the person has a social
security number a box or space for the applicant's social
security number, which shall be required to the extent
allowed by law but in no case shall the applicant provide
fewer than the last 4 digits of the social security number,
and a box for the applicant's telephone number, if available.
(b) The election authority may develop and implement a
system to prepare, use, and maintain a computer-based voter
registration file that includes a computer-stored image of
the signature of each voter. The computer-based voter
registration file may be used for all purposes for which the
original registration cards are to be used, provided that a
system for the storage of at least one copy of the original
registration cards remains in effect. The electronic file
shall be the master file.
(c) Any system created, used, and maintained under
subsection (b) of this Section shall meet the following
standards:
(1) Access to any computer-based voter registration
file shall be limited to those persons authorized by the
election authority, and each access to the computer-based
voter registration file, other than an access solely for
inquiry, shall be recorded.
(2) No copy, summary, list, abstract, or index of
any computer-based voter registration file that includes
any computer-stored image of the signature of any
registered voter shall be made available to the public
outside of the offices of the election authority.
(3) Any copy, summary, list, abstract, or index of
any computer-based voter registration file that includes
a computer-stored image of the signature of a registered
voter shall be produced in such a manner that it cannot
be reproduced.
(4) Each person desiring to vote shall sign an
application for a ballot, and the signature comparison
authorized in Articles 17 and 18 of this Code may be made
to a copy of the computer-stored image of the signature
of the registered voter.
(5) Any voter list produced from a computer-based
voter registration file that includes computer-stored
images of the signatures of registered voters and is used
in a polling place during an election shall be preserved
by the election authority in secure storage until the end
of the second calendar year following the election in
which it was used.
(d) Before the first election in which the election
authority elects to use a voter list produced from the
computer-stored images of the signatures of registered voters
in a computer-based voter registration file for signature
comparison in a polling place, the State Board of Elections
shall certify that the system used by the election authority
complies with the standards set forth in this Section. The
State Board of Elections may request a sample poll list
intended to be used in a polling place to test the accuracy
of the list and the adequacy of the computer-stored images of
the signatures of the registered voters.
(e) With respect to a jurisdiction that has copied all
of its voter signatures into a computer-based registration
file, all references in this Act or any other Act to the use,
other than storage, of paper-based voter registration records
shall be deemed to refer to their computer-based equivalents.
(f) Nothing in this Section prevents an election
authority from submitting to the State Board of Elections a
duplicate copy of some, as the State Board of Elections shall
determine, or all of the data contained in each voter
registration record that is part of the electronic master
file. The duplicate copy of the registration record shall be
maintained by the State Board of Elections under the same
terms and limitations applicable to the election authority
and shall be of equal legal dignity with the original
registration record maintained by the election authority as
proof of any fact contained in the voter registration record.
(Source: P.A. 91-73, eff. 7-9-99.)
(10 ILCS 5/5-7) (from Ch. 46, par. 5-7)
Sec. 5-7. The county clerk shall provide a sufficient
number of blank forms for the registration of electors which
shall be known as registration record cards and which shall
consist of loose leaf sheets or cards, of suitable size to
contain in plain writing and figures the data hereinafter
required thereon or shall consist of computer cards of
suitable nature to contain the data required thereon. The
registration record cards, which shall include an affidavit
of registration as hereinafter provided, shall be executed in
duplicate.
The registration record card shall contain the following
and such other information as the county clerk may think it
proper to require for the identification of the applicant for
registration:
Name. The name of the applicant, giving surname and
first or Christian name in full, and the middle name or the
initial for such middle name, if any.
Sex.
Residence. The name and number of the street, avenue, or
other location of the dwelling, including the apartment, unit
or room number, if any, and in the case of a mobile home the
lot number, and such additional clear and definite
description as may be necessary to determine the exact
location of the dwelling of the applicant, including
post-office mailing address. In the case of a homeless
individual, the individual's voting residence that is his or
her mailing address shall be included on his or her
registration record card.
Term of residence in the State of Illinois and the
precinct. Which questions may be answered by the applicant
stating, in excess of 30 days in the State and in excess of
30 days in the precinct.
Nativity. The State or country in which the applicant
was born.
Citizenship. Whether the applicant is native born or
naturalized. If naturalized, the court, place and date of
naturalization.
Date of application for registration, i.e., the day,
month and year when applicant presented himself for
registration.
Age. Date of birth, by month, day and year.
Physical disability of the applicant, if any, at the time
of registration, which would require assistance in voting.
The county and state in which the applicant was last
registered.
Signature of voter. The applicant, after the
registration and in the presence of a deputy registrar or
other officer of registration shall be required to sign his
or her name in ink to the affidavit on the original and
duplicate registration record card.
Signature of Deputy Registrar.
In case applicant is unable to sign his name, he may
affix his mark to the affidavit. In such case the officer
empowered to give the registration oath shall write a
detailed description of the applicant in the space provided
at the bottom of the card or sheet; and shall ask the
following questions and record the answers thereto:
Father's first name .......................
Mother's first name .......................
From what address did you last register?
Reason for inability to sign name.
Each applicant for registration shall make an affidavit
in substantially the following form:
AFFIDAVIT OF REGISTRATION
State of Illinois)
)ss
County of )
I hereby swear (or affirm) that I am a citizen of the
United States; that on the date of the next election I shall
have resided in the State of Illinois and in the election
precinct in which I reside 30 days; that I am fully qualified
to vote. That I intend that this location shall be my
residence and that the above statements are true.
..............................
(His or her signature or mark)
Subscribed and sworn to before me on (insert date).
.........................................
Signature of Registration Officer.
(To be signed in presence of Registrant.)
Space shall be provided upon the face of each
registration record card for the notation of the voting
record of the person registered thereon.
Each registration record card shall be numbered according
to towns and precincts, wards, cities and villages, as the
case may be, and may be serially or otherwise marked for
identification in such manner as the county clerk may
determine.
The registration cards shall be deemed public records and
shall be open to inspection during regular business hours,
except during the 27 days immediately preceding any election.
On written request of any candidate or objector or any person
intending to object to a petition, the election authority
shall extend its hours for inspection of registration cards
and other records of the election authority during the period
beginning with the filing of petitions under Sections 7-10,
8-8, 10-6 or 28-3 and continuing through the termination of
electoral board hearings on any objections to petitions
containing signatures of registered voters in the
jurisdiction of the election authority. The extension shall
be for a period of hours sufficient to allow adequate
opportunity for examination of the records but the election
authority is not required to extend its hours beyond the
period beginning at its normal opening for business and
ending at midnight. If the business hours are so extended,
the election authority shall post a public notice of such
extended hours. Registration record cards may also be
inspected, upon approval of the officer in charge of the
cards, during the 27 days immediately preceding any election.
Registration record cards shall also be open to inspection by
certified judges and poll watchers and challengers at the
polling place on election day, but only to the extent
necessary to determine the question of the right of a person
to vote or to serve as a judge of election. At no time shall
poll watchers or challengers be allowed to physically handle
the registration record cards.
Updated copies of computer tapes or computer discs or
other electronic data processing information containing voter
registration information shall be furnished by the county
clerk within 10 days after December 15 and May 15 each year
and within 10 days after each registration period is closed
to the State Board of Elections in a form prescribed by the
Board. For the purposes of this Section, a registration
period is closed 27 days before the date of any regular or
special election. Registration information shall include, but
not be limited to, the following information: name, sex,
residence, telephone number, if any, age, party affiliation,
if applicable, precinct, ward, township, county, and
representative, legislative and congressional districts. In
the event of noncompliance, the State Board of Elections is
directed to obtain compliance forthwith with this
nondiscretionary duty of the election authority by
instituting legal proceedings in the circuit court of the
county in which the election authority maintains the
registration information. The costs of furnishing updated
copies of tapes or discs shall be paid at a rate of $.00034
per name of registered voters in the election jurisdiction,
but not less than $50 per tape or disc and shall be paid from
appropriations made to the State Board of Elections for
reimbursement to the election authority for such purpose. The
Board shall furnish copies of such tapes, discs, other
electronic data or compilations thereof to state political
committees registered pursuant to the Illinois Campaign
Finance Act or the Federal Election Campaign Act at their
request and at a reasonable cost. To protect the privacy and
confidentiality of voter registration information, the
disclosure of electronic voter registration records to any
person or entity other than a State or local political
committee is specifically prohibited. Copies of the tapes,
discs or other electronic data shall be furnished by the
county clerk to local political committees at their request
and at a reasonable cost. Reasonable cost of the tapes,
discs, et cetera for this purpose would be the cost of
duplication plus 15% for administration. The individual
representing a political committee requesting copies of such
tapes shall make a sworn affidavit that the information shall
be used only for bona fide political purposes, including by
or for candidates for office or incumbent office holders.
Such tapes, discs or other electronic data shall not be used
under any circumstances by any political committee or
individuals for purposes of commercial solicitation or other
business purposes. If such tapes contain information on
county residents related to the operations of county
government in addition to registration information, that
information shall not be used under any circumstances for
commercial solicitation or other business purposes. The
prohibition in this Section against using the computer tapes
or computer discs or other electronic data processing
information containing voter registration information for
purposes of commercial solicitation or other business
purposes shall be prospective only from the effective date of
this amended Act of 1979. Any person who violates this
provision shall be guilty of a Class 4 felony.
The State Board of Elections shall promulgate, by October
1, 1987, such regulations as may be necessary to ensure
uniformity throughout the State in electronic data processing
of voter registration information. The regulations shall
include, but need not be limited to, specifications for
uniform medium, communications protocol and file structure to
be employed by the election authorities of this State in the
electronic data processing of voter registration information.
Each election authority utilizing electronic data processing
of voter registration information shall comply with such
regulations on and after May 15, 1988.
If the applicant for registration was last registered in
another county within this State, he shall also sign a
certificate authorizing cancellation of the former
registration. The certificate shall be in substantially the
following form:
To the County Clerk of .... County, Illinois. To the Election
Commission of the City of ...., Illinois.
This is to certify that I am registered in your (county)
(city) and that my residence was .....
Having moved out of your (county) (city), I hereby
authorize you to cancel said registration in your office.
Dated at .... Illinois, on (insert date).
....................
(Signature of Voter)
Attest ......, County Clerk, ........ County, Illinois.
The cancellation certificate shall be mailed immediately
by the county clerk to the county clerk (or election
commission as the case may be) where the applicant was
formerly registered. Receipt of such certificate shall be
full authority for cancellation of any previous registration.
(Source: P.A. 91-357, eff. 7-29-99; 92-465, eff. 1-1-02;
92-816, eff. 8-21-02.)
(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 their respective counties. A
deputy registrar serving as such by virtue of his status as a
municipal clerk, or a duly authorized deputy of a municipal
clerk, of a municipality the territory of which lies in more
than one county may accept the registration of any qualified
resident of any county in which the municipality is located,
regardless of which county the resident, municipal clerk or
the duly authorized deputy of the municipal clerk lives in.
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
county, except during the 27 days preceding an election.
The election authority shall appoint as deputy registrars
a reasonable number of employees of the Secretary of State
located at driver's license examination stations and
designated to the election authority by the Secretary of
State who may accept the registration of any qualified
residents of the county at any such driver's license
examination stations. The appointment of employees of the
Secretary of State as deputy registrars shall be made in the
manner provided in Section 2-105 of the Illinois Vehicle
Code.
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
county, 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 county, 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 county, 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
county.
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 county. 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 the Illinois Department of
Public Aid, 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
county.
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 Chairman of the County Central Committee of the
applicant's political party. A 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 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 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 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 proper election authority 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 proper 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. The county clerk shall not be
required to provide additional forms to any deputy registrar
having more than 200 registration forms unaccounted for
during the preceding 12 month period.
(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.
(Source: P.A. 92-816, eff. 8-21-02.)
(10 ILCS 5/5-43)
Sec. 5-43. Computerization of voter records.
(a) The State Board of Elections shall design a
registration record card that, except as otherwise provided
in this Section, shall be used in duplicate by all election
authorities in the State adopting a computer-based voter
registration file as provided in this Section. The Board
shall prescribe the form and specifications, including but
not limited to the weight of paper, color, and print of the
cards. The cards shall contain boxes or spaces for the
information required under Sections 5-7 and 5-28.1; provided
that the cards shall also contain: (i) A space for the person
to fill in his or her Illinois driver's license number if the
person has a driver's license; (ii) A space for a person
without a driver's license to fill in the last four digits of
his or her social security number if the person has a social
security number a box or space for the applicant's social
security number, which shall be required to the extent
allowed by law but in no case shall the applicant provide
fewer than the last 4 digits of the social security number,
and a box for the applicant's telephone number, if available.
(b) The election authority may develop and implement a
system to prepare, use, and maintain a computer-based voter
registration file that includes a computer-stored image of
the signature of each voter. The computer-based voter
registration file may be used for all purposes for which the
original registration cards are to be used, provided that a
system for the storage of at least one copy of the original
registration cards remains in effect. The electronic file
shall be the master file.
(c) Any system created, used, and maintained under
subsection (b) of this Section shall meet the following
standards:
(1) Access to any computer-based voter registration
file shall be limited to those persons authorized by the
election authority, and each access to the computer-based
voter registration file, other than an access solely for
inquiry, shall be recorded.
(2) No copy, summary, list, abstract, or index of
any computer-based voter registration file that includes
any computer-stored image of the signature of any
registered voter shall be made available to the public
outside of the offices of the election authority.
(3) Any copy, summary, list, abstract, or index of
any computer-based voter registration file that includes
a computer-stored image of the signature of a registered
voter shall be produced in such a manner that it cannot
be reproduced.
(4) Each person desiring to vote shall sign an
application for a ballot, and the signature comparison
authorized in Articles 17 and 18 of this Code may be made
to a copy of the computer-stored image of the signature
of the registered voter.
(5) Any voter list produced from a computer-based
voter registration file that includes computer-stored
images of the signatures of registered voters and is used
in a polling place during an election shall be preserved
by the election authority in secure storage until the end
of the second calendar year following the election in
which it was used.
(d) Before the first election in which the election
authority elects to use a voter list produced from the
computer-stored images of the signatures of registered voters
in a computer-based voter registration file for signature
comparison in a polling place, the State Board of Elections
shall certify that the system used by the election authority
complies with the standards set forth in this Section. The
State Board of Elections may request a sample poll list
intended to be used in a polling place to test the accuracy
of the list and the adequacy of the computer-stored images of
the signatures of the registered voters.
(e) With respect to a jurisdiction that has copied all
of its voter signatures into a computer-based registration
file, all references in this Act or any other Act to the use,
other than storage, of paper-based voter registration records
shall be deemed to refer to their computer-based equivalents.
(f) Nothing in this Section prevents an election
authority from submitting to the State Board of Elections a
duplicate copy of some, as the State Board of Elections shall
determine, or all of the data contained in each voter
registration record that is part of the electronic master
file. The duplicate copy of the registration record shall be
maintained by the State Board of Elections under the same
terms and limitations applicable to the election authority
and shall be of equal legal dignity with the original
registration record maintained by the election authority as
proof of any fact contained in the voter registration record.
(Source: P.A. 91-73, eff. 7-9-99.)
(10 ILCS 5/6-35) (from Ch. 46, par. 6-35)
Sec. 6-35. The Boards of Election Commissioners shall
provide a sufficient number of blank forms for the
registration of electors which shall be known as registration
record cards and which shall consist of loose leaf sheets or
cards, of suitable size to contain in plain writing and
figures the data hereinafter required thereon or shall
consist of computer cards of suitable nature to contain the
data required thereon. The registration record cards, which
shall include an affidavit of registration as hereinafter
provided, shall be executed in duplicate. The duplicate of
which may be a carbon copy of the original or a copy of the
original made by the use of other method or material used for
making simultaneous true copies or duplications.
The registration record card shall contain the following
and such other information as the Board of Election
Commissioners may think it proper to require for the
identification of the applicant for registration:
Name. The name of the applicant, giving surname and
first or Christian name in full, and the middle name or the
initial for such middle name, if any.
Sex.
Residence. The name and number of the street, avenue, or
other location of the dwelling, including the apartment, unit
or room number, if any, and in the case of a mobile home the
lot number, and such additional clear and definite
description as may be necessary to determine the exact
location of the dwelling of the applicant, including
post-office mailing address. In the case of a homeless
individual, the individual's voting residence that is his or
her mailing address shall be included on his or her
registration record card.
Term of residence in the State of Illinois and the
precinct.
Nativity. The state or country in which the applicant
was born.
Citizenship. Whether the applicant is native born or
naturalized. If naturalized, the court, place, and date of
naturalization.
Date of application for registration, i.e., the day,
month and year when the applicant presented himself for
registration.
Age. Date of birth, by month, day and year.
Physical disability of the applicant, if any, at the time
of registration, which would require assistance in voting.
The county and state in which the applicant was last
registered.
Signature of voter. The applicant, after registration
and in the presence of a deputy registrar or other officer of
registration shall be required to sign his or her name in ink
to the affidavit on both the original and the duplicate
registration record card.
Signature of deputy registrar.
In case applicant is unable to sign his name, he may
affix his mark to the affidavit. In such case the
registration officer shall write a detailed description of
the applicant in the space provided at the bottom of the card
or sheet; and shall ask the following questions and record
the answers thereto:
Father's first name .........................
Mother's first name .........................
From what address did you last register? ....
Reason for inability to sign name ...........
Each applicant for registration shall make an affidavit
in substantially the following form:
AFFIDAVIT OF REGISTRATION
State of Illinois )
)ss
County of ....... )
I hereby swear (or affirm) that I am a citizen of the
United States, that on the day of the next election I shall
have resided in the State of Illinois and in the election
precinct 30 days and that I intend that this location is my
residence; that I am fully qualified to vote, and that the
above statements are true.
..............................
(His or her signature or mark)
Subscribed and sworn to before me on (insert date).
......................................
Signature of registration officer
(to be signed in presence of registrant).
Space shall be provided upon the face of each
registration record card for the notation of the voting
record of the person registered thereon.
Each registration record card shall be numbered according
to wards or precincts, as the case may be, and may be
serially or otherwise marked for identification in such
manner as the Board of Election Commissioners may determine.
The registration cards shall be deemed public records and
shall be open to inspection during regular business hours,
except during the 27 days immediately preceding any election.
On written request of any candidate or objector or any person
intending to object to a petition, the election authority
shall extend its hours for inspection of registration cards
and other records of the election authority during the period
beginning with the filing of petitions under Sections 7-10,
8-8, 10-6 or 28-3 and continuing through the termination of
electoral board hearings on any objections to petitions
containing signatures of registered voters in the
jurisdiction of the election authority. The extension shall
be for a period of hours sufficient to allow adequate
opportunity for examination of the records but the election
authority is not required to extend its hours beyond the
period beginning at its normal opening for business and
ending at midnight. If the business hours are so extended,
the election authority shall post a public notice of such
extended hours. Registration record cards may also be
inspected, upon approval of the officer in charge of the
cards, during the 27 days immediately preceding any election.
Registration record cards shall also be open to inspection by
certified judges and poll watchers and challengers at the
polling place on election day, but only to the extent
necessary to determine the question of the right of a person
to vote or to serve as a judge of election. At no time shall
poll watchers or challengers be allowed to physically handle
the registration record cards.
Updated copies of computer tapes or computer discs or
other electronic data processing information containing voter
registration information shall be furnished by the Board of
Election Commissioners within 10 days after December 15 and
May 15 each year and within 10 days after each registration
period is closed to the State Board of Elections in a form
prescribed by the State Board. For the purposes of this
Section, a registration period is closed 27 days before the
date of any regular or special election. Registration
information shall include, but not be limited to, the
following information: name, sex, residence, telephone
number, if any, age, party affiliation, if applicable,
precinct, ward, township, county, and representative,
legislative and congressional districts. In the event of
noncompliance, the State Board of Elections is directed to
obtain compliance forthwith with this nondiscretionary duty
of the election authority by instituting legal proceedings in
the circuit court of the county in which the election
authority maintains the registration information. The costs
of furnishing updated copies of tapes or discs shall be paid
at a rate of $.00034 per name of registered voters in the
election jurisdiction, but not less than $50 per tape or disc
and shall be paid from appropriations made to the State Board
of Elections for reimbursement to the election authority for
such purpose. The State Board shall furnish copies of such
tapes, discs, other electronic data or compilations thereof
to state political committees registered pursuant to the
Illinois Campaign Finance Act or the Federal Election
Campaign Act at their request and at a reasonable cost. To
protect the privacy and confidentiality of voter registration
information, the disclosure of electronic voter registration
records to any person or entity other than a State or local
political committee is specifically prohibited. Copies of the
tapes, discs or other electronic data shall be furnished by
the Board of Election Commissioners to local political
committees at their request and at a reasonable cost.
Reasonable cost of the tapes, discs, et cetera for this
purpose would be the cost of duplication plus 15% for
administration. The individual representing a political
committee requesting copies of such tapes shall make a sworn
affidavit that the information shall be used only for bona
fide political purposes, including by or for candidates for
office or incumbent office holders. Such tapes, discs or
other electronic data shall not be used under any
circumstances by any political committee or individuals for
purposes of commercial solicitation or other business
purposes. If such tapes contain information on county
residents related to the operations of county government in
addition to registration information, that information shall
not be used under any circumstances for commercial
solicitation or other business purposes. The prohibition in
this Section against using the computer tapes or computer
discs or other electronic data processing information
containing voter registration information for purposes of
commercial solicitation or other business purposes shall be
prospective only from the effective date of this amended Act
of 1979. Any person who violates this provision shall be
guilty of a Class 4 felony.
The State Board of Elections shall promulgate, by October
1, 1987, such regulations as may be necessary to ensure
uniformity throughout the State in electronic data processing
of voter registration information. The regulations shall
include, but need not be limited to, specifications for
uniform medium, communications protocol and file structure to
be employed by the election authorities of this State in the
electronic data processing of voter registration information.
Each election authority utilizing electronic data processing
of voter registration information shall comply with such
regulations on and after May 15, 1988.
If the applicant for registration was last registered in
another county within this State, he shall also sign a
certificate authorizing cancellation of the former
registration. The certificate shall be in substantially the
following form:
To the County Clerk of .... County, Illinois.
To the Election Commission of the City of ...., Illinois.
This is to certify that I am registered in your (county)
(city) and that my residence was ..... Having moved out of
your (county), (city), I hereby authorize you to cancel that
registration in your office.
Dated at ...., Illinois, on (insert date).
....................
(Signature of Voter)
Attest ...., Clerk, Election Commission of the City
of...., Illinois.
The cancellation certificate shall be mailed immediately
by the clerk of the Election Commission to the county clerk,
(or Election Commission as the case may be) where the
applicant was formerly registered. Receipt of such
certificate shall be full authority for cancellation of any
previous registration.
(Source: P.A. 91-357, eff. 7-29-99; 92-465, eff. 1-1-02;
92-816, eff. 8-21-02.)
(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 election
jurisdiction, except during the 27 days preceding an
election.
The election authority shall appoint as deputy registrars
a reasonable number of employees of the Secretary of State
located at driver's license examination stations and
designated to the election authority by the Secretary of
State who may accept the registration of any qualified
residents of the county at any such driver's license
examination stations. The appointment of employees of the
Secretary of State as deputy registrars shall be made in the
manner provided in Section 2-105 of the Illinois Vehicle
Code.
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
election jurisdiction, 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 election jurisdiction, 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 election jurisdiction, 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
election jurisdiction.
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 election
jurisdiction. 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 the Illinois Department of
Public Aid, 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
election jurisdiction.
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
Chairman of the County Central Committee of the applicant's
political party. A 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 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 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 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 proper election authority 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 proper 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. The board of election commissioners
shall not be required to provide additional forms to any
deputy registrar having more than 200 registration forms
unaccounted for during the preceding 12 month period.
(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.
(Source: P.A. 92-816, eff. 8-21-02.)
(10 ILCS 5/6-79)
Sec. 6-79. Computerization of voter records.
(a) The State Board of Elections shall design a
registration record card that, except as otherwise provided
in this Section, shall be used in duplicate by all election
authorities in the State adopting a computer-based voter
registration file as provided in this Section. The Board
shall prescribe the form and specifications, including but
not limited to the weight of paper, color, and print of the
cards. The cards shall contain boxes or spaces for the
information required under Sections 6-31.1 and 6-35; provided
that the cards shall also contain: (i) A space for the
person to fill in his or her Illinois driver's license number
if the person has a driver's license; (ii) A space for a
person without a driver's license to fill in the last four
digits of his or her social security number if the person has
a social security number a box or space for the applicant's
social security number, which shall be required to the extent
allowed by law but in no case shall the applicant provide
fewer than the last 4 digits of the social security number,
and a box for the applicant's telephone number, if available.
(b) The election authority may develop and implement a
system to prepare, use, and maintain a computer-based voter
registration file that includes a computer-stored image of
the signature of each voter. The computer-based voter
registration file may be used for all purposes for which the
original registration cards are to be used, provided that a
system for the storage of at least one copy of the original
registration cards remains in effect. The electronic file
shall be the master file.
(c) Any system created, used, and maintained under
subsection (b) of this Section shall meet the following
standards:
(1) Access to any computer-based voter registration
file shall be limited to those persons authorized by the
election authority, and each access to the computer-based
voter registration file, other than an access solely for
inquiry, shall be recorded.
(2) No copy, summary, list, abstract, or index of
any computer-based voter registration file that includes
any computer-stored image of the signature of any
registered voter shall be made available to the public
outside of the offices of the election authority.
(3) Any copy, summary, list, abstract, or index of
any computer-based voter registration file that includes
a computer-stored image of the signature of a registered
voter shall be produced in such a manner that it cannot
be reproduced.
(4) Each person desiring to vote shall sign an
application for a ballot, and the signature comparison
authorized in Articles 17 and 18 of this Code may be made
to a copy of the computer-stored image of the signature
of the registered voter.
(5) Any voter list produced from a computer-based
voter registration file that includes computer-stored
images of the signatures of registered voters and is used
in a polling place during an election shall be preserved
by the election authority in secure storage until the end
of the second calendar year following the election in
which it was used.
(d) Before the first election in which the election
authority elects to use a voter list produced from the
computer-stored images of the signatures of registered voters
in a computer-based voter registration file for signature
comparison in a polling place, the State Board of Elections
shall certify that the system used by the election authority
complies with the standards set forth in this Section. The
State Board of Elections may request a sample poll list
intended to be used in a polling place to test the accuracy
of the list and the adequacy of the computer-stored images of
the signatures of the registered voters.
(e) With respect to a jurisdiction that has copied all
of its voter signatures into a computer-based registration
file, all references in this Act or any other Act to the use,
other than storage, of paper-based voter registration records
shall be deemed to refer to their computer-based equivalents.
(f) Nothing in this Section prevents an election
authority from submitting to the State Board of Elections a
duplicate copy of some, as the State Board of Elections shall
determine, or all of the data contained in each voter
registration record that is part of the electronic master
file. The duplicate copy of the registration record shall be
maintained by the State Board of Elections under the same
terms and limitations applicable to the election authority
and shall be of equal legal dignity with the original
registration record maintained by the election authority as
proof of any fact contained in the voter registration record.
(Source: P.A. 91-73, eff. 7-9-99.)
(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, 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 committeeman for each
ward in cities containing a population of 500,000 or more; a
township 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 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; and a judicial
subcircuit committee in Cook County for each judicial
subcircuit in Cook County; and a board of review election
district committee for each Cook County Board of Review
election district.
(Source: P.A. 87-1052.)
(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 the effective date of this
amendatory Act of 1983 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 held on the third Tuesday
in March 1970, and at the primary 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 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
committeemen in the manner following:
At the county convention held by such political party
State central 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
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
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 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 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 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 the effective date of this amendatory Act of the
91st General Assembly, whenever a vacancy occurs in the
office of Chairman of a State central committee, or at the
end of the term of office of Chairman, the State central
committee of each political party that has selected
Alternative A shall elect a Chairman who shall not be
required to be a member of the State Central Committee. The
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 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 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 30 days after each quadrennial election of the
full committee, meet in the city of Springfield and organize
by electing a 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 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 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 committeemen of the political party in that
congressional district shall vote to fill the vacancy. In
voting to fill the vacancy, each chairman of a county central
committee and each ward and township 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 chairman and secretary of
such convention within 10 days after such action.
Ward, Township and Precinct Committeemen
(b) At the primary held on the third Tuesday in March,
1972, and 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 committeeman.
Each candidate for ward committeeman must be a resident of
and in the ward where he seeks to be elected ward
committeeman. The one having the highest number of votes
shall be such ward committeeman of such party for such ward.
At the primary election held on the third Tuesday in March,
1970, and 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
committeeman. Each candidate for township 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 committeeman. The one having the
highest number of votes shall be such township committeeman
of such party for such township or part of a township. At the
primary held on the third Tuesday in March, 1970 and 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
committeeman. Each candidate for precinct committeeman must
be a bona fide resident of the precinct where he seeks to be
elected precinct committeeman. The one having the highest
number of votes shall be such precinct committeeman of such
party for such precinct. The official returns of the primary
shall show the name of the committeeman of each political
party.
Terms of Committeemen. All precinct committeemen elected
under the provisions of this Article shall continue as such
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
committeemen who have 2 year terms, all State central
committeemen, township committeemen and ward committeemen
shall continue as such 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 committeeman when
a precinct committeeman ceases to reside in the precinct in
which he was elected and such precinct committeeman shall
thereafter neither have nor exercise any rights, powers or
duties as 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 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 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
committeemen, precinct committeemen and ward committeemen, if
any, of such party in the county. In the organization and
proceedings of the county central committee, each precinct
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 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 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 committeemen and ward 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 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 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,
or partly within 2 or more counties, but not coterminous with
the county lines of all of such counties, the precinct
committeemen, township committeemen and ward committeemen, if
any, of the party representing the precincts within the
limits of the congressional district, shall compose the
congressional committee. A State central committeeman in each
district shall be a member and the chairman or, when a
district has 2 State central committeemen, a 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 committeemen or township
committeemen or ward committeemen, or any combination
thereof, each precinct 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 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 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 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
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
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 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 Cook County
shall be composed of the ward and township committeemen of
the townships and wards composing the judicial subcircuit.
In the organization and proceedings of each judicial
subcircuit committee, each township 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; and each ward 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
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 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 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 it 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 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 committeemen. When
voting for such proxy the county chairman, ward committeeman
or township 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.
(Source: P.A. 90-627, eff. 7-10-98; 91-426, eff. 8-6-99.)
(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 committeeman,
or township committeeman, or precinct committeeman, or ward
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 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 Office Address
John Jones Governor Belvidere, Ill.
Thomas Smith Attorney General Oakland, Ill.
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
Name Address Office District Party
John Jones 102 Main St. Governor Statewide Republican
Belvidere,
Illinois
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 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 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, 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 district,
circuit, or subcircuit was regularly scheduled to be elected,
but in no event less than 500 signatures.
(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.
Such petitions for nominations shall be signed:
(a) If for a State office, or for delegate or
alternate delegate to be elected from the State at large
to a National nominating convention by not less than
5,000 nor more than 10,000 primary electors of his party.
(b) If for a congressional officer or for delegate
or alternate delegate to be elected from a congressional
district to a national nominating convention by at least
.5% of the qualified primary electors of his party in his
congressional district, except that for the first primary
following a redistricting of congressional districts such
petitions shall be signed by at least 600 qualified
primary electors of the candidate's party in his
congressional district.
(c) If for a county office (including county board
member and chairman of the county board where elected
from the county at large), by at least .5% of the
qualified electors of his party cast at the last
preceding general election in his county. However, if
for the nomination for county commissioner of Cook
County, then by at least .5% of the qualified primary
electors of his or her party in his or her county in the
district or division in which such person is a candidate
for nomination; and if for county board member from a
county board district, then by at least .5% of the
qualified primary electors of his party in the county
board district. In the case of an election for county
board member to be elected from a district, for the first
primary following a redistricting of county board
districts or the initial establishment of county board
districts, then by at least .5% of the qualified electors
of his party in the entire county at the last preceding
general election, divided by the number of county board
districts, but in any event not less than 25 qualified
primary electors of his party in the district.
(d) If for a municipal or township office by at
least .5% of the qualified primary electors of his party
in the municipality or township; if for alderman, by at
least .5% of the voters of his party of his ward. In the
case of an election for alderman or trustee of a
municipality to be elected from a ward or district, for
the first primary following a redistricting or the
initial establishment of wards or districts, then by .5%
of the total number of votes cast for the candidate of
such 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, but in any event not less
than 25 qualified primary electors of his party in the
ward or district.
(e) If for State central committeeman, by at least
100 of the primary electors of his or her party of his or
her congressional district.
(f) If for a candidate for trustee of a sanitary
district in which trustees are not elected from wards, by
at least .5% of the primary electors of his party, from
such sanitary district.
(g) If for a candidate for trustee of a sanitary
district in which the trustees are elected from wards, by
at least .5% of the primary electors of his party in his
ward of such sanitary district, except that for the first
primary following a reapportionment of the district such
petitions shall be signed by at least 150 qualified
primary electors of the candidate's ward of such sanitary
district.
(h) If for a candidate for judicial office in a
district, circuit, or subcircuit, by a number of primary
electors at least 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 regular general election at which a judicial officer
from the same district, circuit, or subcircuit was
regularly scheduled to be elected, but in no event fewer
than 500.
(i) If for a candidate for precinct committeeman,
by at least 10 primary electors of his or her party of
his or her precinct; if for a candidate for ward
committeeman, by not less than 10% nor more than 16% (or
50 more than the minimum, whichever is greater) of the
primary electors of his party of his ward; if for a
candidate for township committeeman, by not less than 5%
nor more than 8% (or 50 more than the minimum, whichever
is greater) of the primary electors of his party in his
township or part of a township as the case may be.
(j) If for a candidate for State's Attorney or
Regional Superintendent of Schools to serve 2 or more
counties, by at least .5% of the primary electors of his
party in the territory comprising such counties.
(k) If for any other office by at least .5% of the
total number of registered voters of the political
subdivision, district or division for which the
nomination is made or a minimum of 25, whichever is
greater.
For the 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 such
political party who received the highest number of votes,
state-wide, 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 such political party who received the
highest number of votes in such 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 such political party who received the
highest number of votes in such 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.
(Source: P.A. 91-57, eff. 6-30-99; 91-357, eff. 7-29-99;
91-358, eff. 7-29-99; 92-16, eff. 6-28-01; 92-129, eff.
7-20-01.)
(10 ILCS 5/7-10.2) (from Ch. 46, par. 7-10.2)
Sec. 7-10.2. In the designation of the name of a
candidate on a petition for nomination or certificate of
nomination 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. No other designation such as a
political slogan, as defined by Section 7-17, 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,
except that the title "Mrs." may be used in the case of a
married woman.
(Source: P.A. 81-135.)
(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 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. 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, except that the title "Mrs." may be
used in the case of a married woman. 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. 81-135.)
(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.
For all primary elections, except as provided in subsection
(5), such pollwatchers must be registered to vote from a
residence in the county in which they are pollwatching.
(2) Each candidate shall be entitled to appoint two
pollwatchers per precinct. For Federal, State, and county
primary elections, the pollwatchers one pollwatcher must be
registered to vote in Illinois from a residence in the county
in which he is pollwatching. The second pollwatcher must be
registered to vote from a residence in the precinct or ward
in which he is pollwatching. For township and municipal
primary elections, one pollwatcher must be registered to vote
from a residence in the county in which he is pollwatching.
The second pollwatcher must be registered to vote from a
residence in the precinct or ward in which he is
pollwatching.
(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
except as provided in subsection (5), such pollwatcher must
be registered to vote in Illinois from a residence in the
county in which he is pollwatching.
(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 chairman with the proper election authority at
least 40 days before the primary election, shall be entitled
to appoint one pollwatcher per precinct. The Except as
provided in subsection (5), such pollwatcher must be
registered to vote in Illinois from a residence in the county
in which the ballot proposition is being voted upon.
(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 the municipality.
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 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 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 from that address.
........................... ..........................
(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 relating to the conduct of the election 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 absentee ballots as provided in Section
19-12.2 of this Act.
(Source: P.A. 90-655, eff. 7-30-98; 91-357, eff. 7-29-99.)
(10 ILCS 5/7-41) (from Ch. 46, par. 7-41)
Sec. 7-41. (a) All officers upon whom is imposed by law
the duty of designating and providing polling places for
general elections, shall provide in each such polling place
so designated and provided, a sufficient number of booths for
such primary election, which booths shall be provided with
shelves, such supplies and pencils as will enable the voter
to prepare his ballot for voting and in which voters may
prepare their ballots screened from all observation as to the
manner in which they do so. Such booths shall be within plain
view of the election officers and both they and the ballot
boxes shall be within plain view of those within the
proximity of the voting booths. No person other than election
officers and the challengers allowed by law and those
admitted for the purpose of voting, as hereinafter provided,
shall be permitted within the proximity of the voting booths,
except by authority of the primary officers to keep order and
enforce the law.
(b) The number of such voting booths shall not be less
than one to every seventy-five voters or fraction thereof,
who voted at the last preceding election in the precinct or
election district.
(c) No person shall do any electioneering or soliciting
of votes on primary day within any polling place or within
one hundred feet of any polling place. Election officers
shall place 2 or more cones, small United States national
flags, or some other marker a distance of 100 horizontal feet
from each entrance to the room used by voters to engage in
voting, which shall be known as the polling room. If the
polling room is located within a building that is a public or
private school or a church or other organization founded for
the purpose of religious worship and the distance of 100
horizontal feet ends within the interior of the building,
then the markers shall be placed outside of the building at
each entrance used by voters to enter that building on the
grounds adjacent to the thoroughfare or walkway. If the
polling room is located within a public or private building
with 2 or more floors and the polling room is located on the
ground floor, then the markers shall be placed 100 horizontal
feet from each entrance to the polling room used by voters to
engage in voting. If the polling room is located in a public
or private building with 2 or more floors and the polling
room is located on a floor above or below the ground floor,
then the markers shall be placed a distance of 100 feet from
the nearest elevator or staircase used by voters on the
ground floor to access the floor where the polling room is
located. The area within where the markers are placed shall
be known as a campaign free zone, and electioneering is
prohibited pursuant to this subsection.
The area on polling place property beyond the campaign
free zone, whether publicly or privately owned, is a public
forum for the time that the polls are open on an election
day. At the request of election officers any publicly owned
building must be made available for use as a polling place. A
person shall have the right to congregate and engage in
electioneering on any polling place property while the polls
are open beyond the campaign free zone, including but not
limited to, the placement of temporary signs. This subsection
shall be construed liberally in favor of persons engaging in
electioneering on all polling place property beyond the
campaign free zone for the time that the polls are open on an
election day.
(d) The regulation of electioneering on polling place
property on an election day, including but not limited to the
placement of temporary signs, is an exclusive power and
function of the State. A home rule unit may not regulate
electioneering and any ordinance or local law contrary to
subsection (c) is declared void. This is a denial and
limitation of home rule powers and functions under subsection
(h) of Section 6 of Article VII of the Illinois Constitution.
(Source: P.A. 89-653, eff. 8-14-96.)
(10 ILCS 5/8-8.1) (from Ch. 46, par. 8-8.1)
Sec. 8-8.1. In the designation of the name of a
candidate on a petition for nomination, 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. 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, except that the
title "Mrs." may be used in the case of a married woman.
(Source: P.A. 81-135.)
(10 ILCS 5/9-1.5) (from Ch. 46, par. 9-1.5)
Sec. 9-1.5. Expenditure defined.
"Expenditure" means-
(1) a payment, distribution, purchase, loan,
advance, deposit, or gift of money or anything of value,
in connection with the nomination for election, or
election, of any person to public office, in connection
with the election of any person as ward or township
committeeman in counties of 3,000,000 or more population,
or in connection with any question of public policy.
"Expenditure" also includes a payment, distribution,
purchase, loan, advance, deposit, or gift of money or
anything of value that constitutes an electioneering
communication regardless of whether the communication is
made in concert or cooperation with or at the request,
suggestion, or knowledge of the candidate, the
candidate's authorized local political committee, a State
political committee, or any of their agents. However,
expenditure does not include -
(a) the use of real or personal property and the
cost of invitations, food, and beverages, voluntarily
provided by an individual in rendering voluntary personal
services on the individual's residential premises for
candidate-related activities; provided the value of the
service provided does not exceed an aggregate of $150 in
a reporting period;
(b) the sale of any food or beverage by a vendor
for use in a candidate's campaign at a charge less than
the normal comparable charge, if such charge for use in a
candidate's campaign is at least equal to the cost of
such food or beverage to the vendor.
(2) a transfer of funds between political committees.
(Source: P.A. 89-405, eff. 11-8-95.)
(10 ILCS 5/9-1.14 new)
Sec. 9-1.14. Electioneering communication defined.
(a) "Electioneering communication" means, for the
purposes of this Article, any form of communication, in
whatever medium, including but not limited to radio,
television, and newspaper communications, that refers to a
clearly identified candidate, candidates, or political party
and is made within (i) 60 days before a general election for
the office sought by the candidate or (ii) 30 days before a
general primary election for the office sought by the
candidate.
(b) "Electioneering communication" does not include:
(1) A communication other than advertisements
appearing in a news story, commentary, or editorial
distributed through the facilities of any legitimate
news organization, unless the facilities are owned or
controlled by any political party, political committee,
or candidate.
(2) A communication made solely to promote a
candidate debate or forum that is made by or on behalf of
the person sponsoring the debate or forum.
(3) A communication made as part of a non-partisan
activity designed to encourage individuals to vote or to
register to vote.
(4) A communication by an organization operating
and remaining in good standing under Section 501(c)(3) of
the Internal Revenue Code of 1986.
(10 ILCS 5/9-3) (from Ch. 46, par. 9-3)
Sec. 9-3. Every state political committee and every
local political committee shall file with the State Board of
Elections, and every local political committee shall file
with the county clerk, a statement of organization within 10
business days of the creation of such committee, except any
political committee created within the 30 days before an
election shall file a statement of organization within 5
business days. A political committee that acts as both a
state political committee and a local political committee
shall file a copy of each statement of organization with the
State Board of Elections and the county clerk. The Board
shall impose a civil penalty of $25 per business day upon
political committees for failing to file or late filing of a
statement of organization, except that for committees formed
to support candidates for statewide office, the civil penalty
shall be $50 per business day. Such penalties shall not
exceed $5,000, and shall not exceed $10,000 for statewide
office political committees. There shall be no fine if the
statement is mailed and postmarked at least 72 hours prior to
the filing deadline.
In addition to the civil penalties authorized by this
Section, the State Board of Elections or any other affected
political committee may apply to the circuit court for a
temporary restraining order or a preliminary or permanent
injunction against the political committee to cease the
expenditure of funds and to cease operations until the
statement of organization is filed.
For the purpose of this Section, "statewide office" means
the Governor, Lieutenant Governor, Secretary of State,
Attorney General, State Treasurer, and State Comptroller.
The statement of organization shall include -
(a) the name and address of the political committee (the
name of the political committee must include the name of any
sponsoring entity);
(b) the scope, area of activity, party affiliation,
candidate affiliation and his county of residence, and
purposes of the political committee;
(c) the name, address, and position of each custodian of
the committee's books and accounts;
(d) the name, address, and position of the committee's
principal officers, including the chairman, treasurer, and
officers and members of its finance committee, if any;
(e) (Blank);
(f) a statement of what specific disposition of residual
fund will be made in the event of the dissolution or
termination of the committee;
(g) a listing of all banks or other financial
institutions, safety deposit boxes, and any other
repositories or custodians of funds used by the committee;
(h) the amount of funds available for campaign
expenditures as of the filing date of the committee's
statement of organization.
For purposes of this Section, a "sponsoring entity" is
(i) any person, political committee, organization,
corporation, or association that contributes at least 33% of
the total funding of the political committee or (ii) any
person or other entity that is registered or is required to
register under the Lobbyist Registration Act and contributes
at least 33% of the total funding of the political committee.
(Source: P.A. 90-495, eff. 1-1-98; 90-737, eff. 1-1-99.)
(10 ILCS 5/9-10) (from Ch. 46, par. 9-10)
Sec. 9-10. Financial reports.
(a) The treasurer of every state political committee and
the treasurer of every local political committee shall file
with the Board, and the treasurer of every local political
committee shall file with the county clerk, reports of
campaign contributions, and semi-annual reports of campaign
contributions and expenditures on forms to be prescribed or
approved by the Board. The treasurer of every political
committee that acts as both a state political committee and a
local political committee shall file a copy of each report
with the State Board of Elections and the county clerk.
Entities subject to Section 9-7.5 shall file reports required
by that Section at times provided in this Section and are
subject to the penalties provided in this Section.
(b) Reports of campaign contributions shall be filed no
later than the 15th day next preceding each election
including a primary election in connection with which the
political committee has accepted or is accepting
contributions or has made or is making expenditures. Such
reports shall be complete as of the 30th day next preceding
each election including a primary election. The Board shall
assess a civil penalty not to exceed $5,000 for a violation
of this subsection, except that for State officers and
candidates and political committees formed for statewide
office, the civil penalty may not exceed $10,000. The fine,
however, shall not exceed $500 for a first filing violation
for filing less than 10 days after the deadline. There shall
be no fine if the report is mailed and postmarked at least 72
hours prior to the filing deadline. For the purpose of this
subsection, "statewide office" and "State officer" means the
Governor, Lieutenant Governor, Attorney General, Secretary of
State, Comptroller, and Treasurer. However, a continuing
political committee that neither accepts contributions nor
makes expenditures on behalf of or in opposition to any
candidate or public question on the ballot at an election
shall not be required to file the reports heretofore
prescribed but may file in lieu thereof a Statement of
Nonparticipation in the Election with the Board or the Board
and the county clerk.
(b-5) Notwithstanding the provisions of subsection (b),
any contribution of $500 or more received in the interim
between the last date of the period covered by the last
report filed under subsection (b) prior to the election and
the date of the election shall be reported within 2 business
days after its receipt. The State Board shall allow filings
under this subsection (b-5) to be made by facsimile
transmission. For the purpose of this subsection, a
contribution is considered received on the date the public
official, candidate, or political committee (or equivalent
person in the case of a reporting entity other than a
political committee) actually receives it or, in the case of
goods or services, 2 days after the date the public official,
candidate, committee, or other reporting entity receives the
certification required under subsection (b) of Section 9-6.
Failure to report each contribution is a separate violation
of this subsection. The Board shall impose fines for
violations of this subsection as follows:
(1) if the political committee's or other reporting
entity's total receipts, total expenditures, and balance
remaining at the end of the last reporting period were
each $5,000 or less, then $100 per business day for the
first violation, $200 per business day for the second
violation, and $300 per business day for the third and
subsequent violations.
(2) if the political committee's or other reporting
entity's total receipts, total expenditures, and balance
remaining at the end of the last reporting period were
each more than $5,000, then $200 per business day for the
first violation, $400 per business day for the second
violation, and $600 per business day for the third and
subsequent violations.
(c) In addition to such reports the treasurer of every
political committee shall file semi-annual reports of
campaign contributions and expenditures no later than July
31st, covering the period from January 1st through June 30th
immediately preceding, and no later than January 31st,
covering the period from July 1st through December 31st of
the preceding calendar year. Reports of contributions and
expenditures must be filed to cover the prescribed time
periods even though no contributions or expenditures may have
been received or made during the period. The Board shall
assess a civil penalty not to exceed $5,000 for a violation
of this subsection, except that for State officers and
candidates and political committees formed for statewide
office, the civil penalty may not exceed $10,000. The fine,
however, shall not exceed $500 for a first filing violation
for filing less than 10 days after the deadline. There shall
be no fine if the report is mailed and postmarked at least 72
hours prior to the filing deadline. For the purpose of this
subsection, "statewide office" and "State officer" means the
Governor, Lieutenant Governor, Attorney General, Secretary of
State, Comptroller, and Treasurer.
(c-5) A political committee that acts as either (i) a
State and local political committee or (ii) a local political
committee and that files reports electronically under Section
9-28 is not required to file copies of the reports with the
appropriate county clerk if the county clerk has a system
that permits access to, and duplication of, reports that are
filed with the State Board of Elections. A State and local
political committee or a local political committee shall file
with the county clerk a copy of its statement of organization
pursuant to Section 9-3.
(d) A copy of each report or statement filed under this
Article shall be preserved by the person filing it for a
period of two years from the date of filing.
(Source: P.A. 90-737, eff. 1-1-99.)
(10 ILCS 5/9-21) (from Ch. 46, par. 9-21)
Sec. 9-21. Upon receipt of such complaint, the Board
shall hold a closed preliminary hearing to determine whether
or not the complaint appears to have been filed on
justifiable grounds. Such closed preliminary hearing shall be
conducted as soon as practicable after affording reasonable
notice, a copy of the complaint, and an opportunity to
testify at such hearing to both the person making the
complaint and the person against whom the complaint is
directed. If the Board fails to determine determines that the
complaint has not been filed on justifiable grounds, it shall
dismiss the complaint without further hearing.
Whenever in the judgment of the Board, after affording
due notice and an opportunity for a public hearing, any
person has engaged or is about to engage in an act or
practice which constitutes or will constitute a violation of
any provision of this Article or any regulation or order
issued thereunder, the Board shall issue an order directing
such person to take such action as the Board determines may
be necessary in the public interest to correct the violation.
In addition, if the act or practice engaged in consists of
the failure to file any required report within the time
prescribed by this Article, the Board, as part of its order,
shall further provide that if, within the 12-month period
following the issuance of the order, such person fails to
file within the time prescribed by this Article any
subsequent report as may be required, such person may be
subject to a civil penalty pursuant to Section 9-23. The
Board shall render its final judgment within 60 days of the
date the complaint is filed; except that during the 60 days
preceding the date of the election in reference to which the
complaint is filed, the Board shall render its final judgment
within 7 days of the date the complaint is filed, and during
the 7 days preceding such election, the Board shall render
such judgment before the date of such election, if possible.
At any time prior to the issuance of the Board's final
judgment, the parties may dispose of the complaint by a
written stipulation, agreed settlement or consent order. Any
such stipulation, settlement or order shall, however, be
submitted in writing to the Board and shall become effective
only if approved by the Board. If the act or practice
complained of consists of the failure to file any required
report within the time prescribed by this Article, such
stipulation, settlement or order may provide that if, within
the 12-month period following the approval of such
stipulation, agreement or order, the person complained of
fails to file within the time prescribed by this Article any
subsequent reports as may be required, such person may be
subject to a civil penalty pursuant to Section 9-23.
Any person filing a complaint pursuant to Section 9-20
may, upon written notice to the other parties and to the
Board, voluntarily withdraw the complaint at any time prior
to the issuance of the Board's final determination.
(Source: P.A. 90-495, eff. 1-1-98.)
(10 ILCS 5/10-5.1) (from Ch. 46, par. 10-5.1)
Sec. 10-5.1. In the designation of the name of a
candidate on a certificate of nomination or nomination papers
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. 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, except that the title "Mrs." may be used
in the case of a married woman.
(Source: P.A. 81-135.)
(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 chairman of the county central
committee 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 chairman 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 chairman
of the county central committee 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 45 28 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. 78-888; 78-889; 78-1297.)
(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 chairman of the county central committee
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 chairman 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 chairman of the county
central committee 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 45
28 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. 78-888; 78-889; 78-1297.)
(10 ILCS 5/16-3) (from Ch. 46, par. 16-3)
Sec. 16-3. (a) The names of all candidates to be voted
for in each election district or precinct shall be printed on
one ballot, except as is provided in Sections 16-6.1 and
21-1.01 of this Act and except as otherwise provided in this
Act with respect to the odd year regular elections and the
emergency referenda; all nominations of any political party
being placed under the party appellation or title of such
party as designated in the certificates of nomination or
petitions. The names of all independent candidates shall be
printed upon the ballot in a column or columns under the
heading "independent" arranged under the names or titles of
the respective offices for which such independent candidates
shall have been nominated and so far as practicable, the name
or names of any independent candidate or candidates for any
office shall be printed upon the ballot opposite the name or
names of any candidate or candidates for the same office
contained in any party column or columns upon said ballot.
The ballot shall contain no other names, except that in cases
of electors for President and Vice-President of the United
States, the names of the candidates for President and
Vice-President may be added to the party designation and
words calculated to aid the voter in his choice of candidates
may be added, such as "Vote for one," "Vote for three." When
an electronic voting system is used which utilizes a ballot
label booklet, the candidates and questions shall appear on
the pages of such booklet in the order provided by this Code;
and, in any case where candidates for an office appear on a
page which does not contain the name of any candidate for
another office, and where less than 50% of the page is
utilized, the name of no candidate shall be printed on the
lowest 25% of such page. On the back or outside of the
ballot, so as to appear when folded, shall be printed the
words "Official Ballot", followed by the designation of the
polling place for which the ballot is prepared, the date of
the election and a facsimile of the signature of the election
authority who has caused the ballots to be printed. The
ballots shall be of plain white paper, through which the
printing or writing cannot be read. However, ballots for use
at the nonpartisan and consolidated elections may be printed
on different color paper, except blue paper, whenever
necessary or desirable to facilitate distinguishing between
ballots for different political subdivisions. In the case of
nonpartisan elections for officers of a political
subdivision, unless the statute or an ordinance adopted
pursuant to Article VII of the Constitution providing the
form of government therefor requires otherwise, the column
listing such nonpartisan candidates shall be printed with no
appellation or circle at its head. The party appellation or
title, or the word "independent" at the head of any column
provided for independent candidates, shall be printed in
letters not less than one-fourth of an inch in height and a
circle one-half inch in diameter shall be printed at the
beginning of the line in which such appellation or title is
printed, provided, however, that no such circle shall be
printed at the head of any column or columns provided for
such independent candidates. The names of candidates shall be
printed in letters not less than one-eighth nor more than
one-fourth of an inch in height, and at the beginning of each
line in which a name of a candidate is printed a square shall
be printed, the sides of which shall be not less than
one-fourth of an inch in length. However, the names of the
candidates for Governor and Lieutenant Governor on the same
ticket shall be printed within a bracket and a single square
shall be printed in front of the bracket. The list of
candidates of the several parties and any such list of
independent candidates shall be placed in separate columns on
the ballot in such order as the election authorities charged
with the printing of the ballots shall decide; provided, that
the names of the candidates of the several political parties,
certified by the State Board of Elections to the several
county clerks shall be printed by the county clerk of the
proper county on the official ballot in the order certified
by the State Board of Elections. Any county clerk refusing,
neglecting or failing to print on the official ballot the
names of candidates of the several political parties in the
order certified by the State Board of Elections, and any
county clerk who prints or causes to be printed upon the
official ballot the name of a candidate, for an office to be
filled by the Electors of the entire State, whose name has
not been duly certified to him upon a certificate signed by
the State Board of Elections shall be guilty of a Class C
misdemeanor.
(b) When an electronic voting system is used which
utilizes a ballot card, on the inside flap of each ballot
card envelope there shall be printed a form for write-in
voting which shall be substantially as follows:
WRITE-IN VOTES
(See card of instructions for specific information.
Duplicate form below by hand for additional write-in votes.)
_____________________________
Title of Office
( ) ____________________________
Name of Candidate
(c) When an electronic voting system is used which uses
a ballot sheet, the instructions to voters on the ballot
sheet shall refer the voter to the card of instructions for
specific information on write-in voting. Below each office
appearing on such ballot sheet there shall be a provision for
the casting of a write-in vote.
(d) When such electronic system is used, there shall be
printed on the back of each ballot card, each ballot card
envelope, and the first page of the ballot label when a
ballot label is used, the words "Official Ballot," followed
by the number of the precinct or other precinct
identification, which may be stamped, in lieu thereof and, as
applicable, the number and name of the township, ward or
other election district for which the ballot card, ballot
card envelope, and ballot label are prepared, the date of the
election and a facsimile of the signature of the election
authority who has caused the ballots to be printed. The back
of the ballot card shall also include a method of identifying
the ballot configuration such as a listing of the political
subdivisions and districts for which votes may be cast on
that ballot, or a number code identifying the ballot
configuration or color coded ballots, except that where there
is only one ballot configuration in a precinct, the precinct
identification, and any applicable ward identification, shall
be sufficient. Ballot card envelopes used in punch card
systems shall be of paper through which no writing or punches
may be discerned and shall be of sufficient length to enclose
all voting positions. However, the election authority may
provide ballot card envelopes on which no precinct number or
township, ward or other election district designation, or
election date are preprinted, if space and a preprinted form
are provided below the space provided for the names of
write-in candidates where such information may be entered by
the judges of election. Whenever an election authority
utilizes ballot card envelopes on which the election date and
precinct is not preprinted, a judge of election shall mark
such information for the particular precinct and election on
the envelope in ink before tallying and counting any write-in
vote written thereon. If some method of insuring ballot
secrecy other than an envelope is used, such information must
be provided on the ballot itself.
(e) In the designation of the name of a candidate on the
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. 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, except that the title "Mrs." may be
used in the case of a married woman. 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.
(f) 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 (e) 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 (e) of this Section.
(g) 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 (f) of this
Section, then the aggrieved candidate may seek appropriate
relief in circuit court.
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.
Nothing in this Section shall prohibit election
authorities from using or reusing ballot card envelopes which
were printed before the effective date of this amendatory Act
of 1985.
(Source: P.A. 92-178, eff. 1-1-02.)
(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 except
as provided in subsection (4), one pollwatcher must be
registered to vote in Illinois from a residence in the county
in which he is pollwatching. The second pollwatcher must be
registered to vote from a residence in the precinct or ward
in which he is pollwatching.
(2) Each candidate shall be entitled to appoint two
pollwatchers per precinct. For all elections, the
pollwatchers one pollwatcher must be registered to vote in
Illinois from a residence in the county in which he is
pollwatching. The second pollwatcher must be registered to
vote from a residence in the precinct or ward in which he is
pollwatching.
(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 such pollwatcher must be
registered to vote in Illinois from a residence in the county
in which he is pollwatching.
(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 a county in which
any part of the municipality is situated 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 whose residence is within the municipality.
(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 chairman with the proper election authority at
least 40 days before the election, shall be entitled to
appoint one pollwatcher per precinct. The Such pollwatcher
must be registered to vote in Illinois from a residence in
the county in which the ballot proposition is being voted
upon.
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 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) 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 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 from that address.
.......................... .......................
(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
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 relating to the conduct of the election 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 absentee ballots as provided in Section
19-12.2 of this Act.
(Source: P.A. 90-655, eff. 7-30-98; 91-357, eff. 7-29-99.)
(10 ILCS 5/17-29) (from Ch. 46, par. 17-29)
Sec. 17-29. (a) No judge of election, pollwatcher, or
other person shall, at any primary or election, do any
electioneering or soliciting of votes or engage in any
political discussion within any polling place or within 100
feet of any polling place; no person shall interrupt, hinder
or oppose any voter while approaching within 100 feet of any
polling place for the purpose of voting. Judges of election
shall enforce the provisions of this Section.
(b) Election officers shall place 2 or more cones, small
United States national flags, or some other marker a distance
of 100 horizontal feet from each entrance to the room used by
voters to engage in voting, which shall be known as the
polling room. If the polling room is located within a
building that is a public or private school or a church or
other organization founded for the purpose of religious
worship and the distance of 100 horizontal feet ends within
the interior of the building, then the markers shall be
placed outside of the building at each entrance used by
voters to enter that building on the grounds adjacent to the
thoroughfare or walkway. If the polling room is located
within a public or private building with 2 or more floors and
the polling room is located on the ground floor, then the
markers shall be placed 100 horizontal feet from each
entrance to the polling room used by voters to engage in
voting. If the polling room is located in a public or private
building with 2 or more floors and the polling room is
located on a floor above or below the ground floor, then the
markers shall be placed a distance of 100 feet from the
nearest elevator or staircase used by voters on the ground
floor to access the floor where the polling room is located.
The area within where the markers are placed shall be known
as a campaign free zone, and electioneering is prohibited
pursuant to this subsection.
The area on polling place property beyond the campaign
free zone, whether publicly or privately owned, is a public
forum for the time that the polls are open on an election
day. At the request of election officers any publicly owned
building must be made available for use as a polling place. A
person shall have the right to congregate and engage in
electioneering on any polling place property while the polls
are open beyond the campaign free zone, including but not
limited to, the placement of temporary signs. This subsection
shall be construed liberally in favor of persons engaging in
electioneering on all polling place property beyond the
campaign free zone for the time that the polls are open on an
election day.
(c) The regulation of electioneering on polling place
property on an election day, including but not limited to the
placement of temporary signs, is an exclusive power and
function of the State. A home rule unit may not regulate
electioneering and any ordinance or local law contrary to
subsection (c) is declared void. This is a denial and
limitation of home rule powers and functions under subsection
(h) of Section 6 of Article VII of the Illinois Constitution.
(Source: P.A. 80-1090.)
(10 ILCS 5/Art. 18A heading new)
ARTICLE 18A
PROVISIONAL VOTING
(10 ILCS 5/18A-2 new)
Sec. 18A-2. Application of Article. In addition to and
notwithstanding any other law to the contrary, the procedures
in this Article shall govern provisional voting.
(10 ILCS 5/18A-5 new)
Sec. 18A-5. Provisional voting; general provisions.
(a) A person who claims to be a registered voter is
entitled to cast a provisional ballot under the following
circumstances:
(1) The person's name does not appear on the
official list of eligible voters, whether a list of
active or inactive voters, for the precinct in which the
person seeks to vote;
(2) The person's voting status has been challenged
by an election judge, a pollwatcher, or any legal voter
and that challenge has been sustained by a majority of
the election judges; or
(3) A federal or State court order extends the time
for closing the polls beyond the time period established
by State law and the person votes during the extended
time period.
(b) The procedure for obtaining and casting a
provisional ballot at the polling place shall be as follows:
(1) An election judge at the polling place shall
notify a person who is entitled to cast a provisional
ballot pursuant to subsection (a) that he or she may cast
a provisional ballot in that election. An election judge
must accept any information provided by a person who
casts a provisional ballot that the person believes
supports his or her claim that he or she is a duly
registered voter and qualified to vote in the election.
(2) The person shall execute a written form
provided by the election judge that shall state or
contain all of the following:
(i) an affidavit stating the following:
State of Illinois, County of ................,
Township ............., Precinct ........, Ward
........, I, ......................., do solemnly
swear (or affirm) that: I am a citizen of the United
States; I am 18 years of age or older; I have
resided in this State and in this precinct for 30
days preceding this election; I have not voted in
this election; I am a duly registered voter in every
respect; and I am eligible to vote in this election.
Signature ...... Printed Name of Voter .......
Printed Residence Address of Voter ...... City
...... State .... Zip Code ..... Telephone Number
...... Date of Birth ....... and Driver's License
Number ....... Last 4 digits of Social Security
Number ...... or State Identification Card Number.
(ii) Written instruction stating the following:
In order to expedite the verification of your
voter registration status, the .... (insert name of
county clerk of board of election commissioners
here) requests that you include your phone number
and both the last four digits of your social
security number and your driver's license number or
State Identification Card Number issued to you by
the Secretary of State. At minimum, you are required
to include either (A) your driver's license number
or State Identification Card Number issued to you by
the Secretary of State or (B) the last 4 digits of
your social security number.
(iii) A box for the election judge to check one of
the 3 reasons why the person was given a provisional
ballot under subsection (a) of Section 18A-5.
(iv) An area for the election judge to affix his or
her signature and to set forth any facts that support or
oppose the allegation that the person is not qualified to
vote in the precinct in which the person is seeking to
vote.
The written affidavit form described in this subsection
(b)(2) must be printed on a multi-part form prescribed by the
county clerk or board of election commissioners, as the case
may be.
(3) After the person executes the portion of the written
affidavit described in subsection (b)(2)(i) of this Section,
the election judge shall complete the portion of the written
affidavit described in subsection (b)(2)(iii) and (b)(2)(iv).
(4) The election judge shall give a copy of the
completed written affidavit to the person. The election judge
shall place the original written affidavit in a self-adhesive
clear plastic packing list envelope that must be attached to
a separate envelope marked as a "provisional ballot
envelope". The election judge shall also place any
information provided by the person who casts a provisional
ballot in the clear plastic packing list envelope. Each
county clerk or board of election commissioners, as the case
may be, must design, obtain or procure self-adhesive clear
plastic packing list envelopes and provisional ballot
envelopes that are suitable for implementing this subsection
(b)(4) of this Section.
(5) The election judge shall provide the person with a
provisional ballot, written instructions for casting a
provisional ballot, and the provisional ballot envelope with
the clear plastic packing list envelope affixed to it, which
contains the person's original written affidavit and, if any,
information provided by the provisional voter to support his
or her claim that he or she is a duly registered voter. An
election judge must also give the person written information
that states that any person who casts a provisional ballot
shall be able to ascertain, pursuant to guidelines
established by the State Board of Elections, whether the
provisional vote was counted in the official canvass of votes
for that election and, if the provisional vote was not
counted, the reason that the vote was not counted.
(6) After the person has completed marking his or her
provisional ballot, he or she shall place the marked ballot
inside of the provisional ballot envelope, close and seal the
envelope, and return the envelope to an election judge, who
shall then deposit the sealed provisional ballot envelope
into a securable container separately identified and utilized
for containing sealed provisional ballot envelopes. Upon the
closing of the polls, the securable container shall be sealed
with filament tape provided for that purpose, which shall be
wrapped around the box lengthwise and crosswise, at least
twice each way, and each of the election judges shall sign
the seal.
(c) Instead of the affidavit form described in
subsection (b), the county clerk or board of election
commissioners, as the case may be, may design and use a
multi-part affidavit form that is imprinted upon or attached
to the provisional ballot envelope described in subsection
(b). If a county clerk or board of election commissioners
elects to design and use its own multi-part affidavit form,
then the county clerk or board of election commissioners
shall establish a mechanism for accepting any information the
provisional voter has supplied to the election judge to
support his or her claim that he or she is a duly registered
voter. In all other respects, a county clerk or board of
election commissioners shall establish procedures consistent
with subsection (b).
(d) The county clerk or board of election commissioners,
as the case may be, shall use the completed affidavit form
described in subsection (b) to update the person's voter
registration information in the State voter registration
database and voter registration database of the county clerk
or board of election commissioners, as the case may be. If a
person is later determined not to be a registered voter based
on Section 18A-15 of this Code, then the affidavit shall be
processed by the county clerk or board of election
commissioners, as the case may be, as a voter registration
application.
(10 ILCS 5/18A-10 new)
Sec. 18A-10. Sealing and transporting provisional
ballots.
(a) Upon the closing of the polls, 2 election judges not
of the same political party shall return to the county clerk
or board of election commissioners the unopened sealed
securable container containing the provisional ballots to a
location specified by the county clerk or board of election
commissioners in the most direct manner of transport. The
county clerk or board of election commissioners shall keep
the securable container secure until such time as the
provisional ballots are counted in accordance with Section
18A-15.
(b) Upon receipt of materials returned from the polling
places, the county clerk or board of election commissioners
shall update the State voter registration list and the voter
registration database of the county clerk or board of
election commissioners, as the case may be, by using the
affidavit forms of provisional voters.
(10 ILCS 5/18A-15 new)
Sec. 18A-15. Validating and counting provisional
ballots.
(a) The county clerk or board of election commissioners
shall complete the validation and counting of provisional
ballots within 14 calendar days of the day of the election.
The county clerk or board of election commissioners shall
have 7 calendar days from the completion of the validation
and counting of provisional ballots to conduct its final
canvass. The State Board of Elections shall complete within
31 calendar days of the election or sooner if all the returns
are received, its final canvass of the vote for all public
offices.
(b) If a county clerk or board of election commissioners
determines that all of the following apply, then a
provisional ballot is valid and shall be counted as a vote:
(1) The provisional voter cast the provisional
ballot in the correct precinct based on the address
provided by the provisional voter;
(2) The affidavit executed by the provisional voter
pursuant to subsection (b)(2) of Section 18A-10 is
properly executed; and
(3) the provisional voter is a registered voter
based on information available to the county clerk or
board of election commissioners provided by or obtained
from any of the following:
i. the provisional voter;
ii. an election judge;
iii. the statewide voter registration database
maintained by the State Board of Elections;
iv. the records of the county clerk or board
of election commissioners' database; or
v. the records of the Secretary of State.
(c) With respect to subsection (b)(3) of this Section,
the county clerk or board of election commissioners shall
investigate whether each of the 5 types of information is
available and record whether this information is or is not
available. If one or more types of information is available,
then the county clerk or board of election commissioners
shall obtain all relevant information from all sources
identified in subsection (b)(3). The county clerk or board of
election commissioners shall use any information it obtains
as the basis for determining the voter registration status of
the provisional voter. If a conflict exists among the
information available to the county clerk or board of
election commissioners as to the registration status of the
provisional voter, then the county clerk or board of election
commissioners shall make a determination based on the
totality of the circumstances. In a case where the above
information equally supports or opposes the registration
status of the voter, the county clerk or board of election
commissioners shall decide in favor of the provisional voter
as being duly registered to vote. If the statewide voter
registration database maintained by the State Board of
Elections indicates that the provisional voter is registered
to vote, but the county clerk's or board of election
commissioners' voter registration database indicates that the
provisional voter is not registered to vote, then the
information found in the statewide voter registration
database shall control the matter and the provisional voter
shall be deemed to be registered to vote. If the records of
the county clerk or board of election commissioners indicates
that the provisional voter is registered to vote, but the
statewide voter registration database maintained by the State
Board of Elections indicates that the provisional voter is
not registered to vote, then the information found in the
records of the county clerk or board of election
commissioners shall control the matter and the provisional
voter shall be deemed to be registered to vote. If the
provisional voter's signature on his or her provisional
ballot request varies from the signature on an otherwise
valid registration application solely because of the
substitution of initials for the first or middle name, the
election authority may not reject the provisional ballot.
(d) In validating the registration status of a person
casting a provisional ballot, the county clerk or board of
election commissioners shall not require a provisional voter
to complete any form other than the affidavit executed by the
provisional voter under subsection (b)(2) of Section 18A-5.
In addition, the county clerk or board of election
commissioners shall not require all provisional voters or any
particular class or group of provisional voters to appear
personally before the county clerk or board of election
commissioners or as a matter of policy require provisional
voters to submit additional information to verify or
otherwise support the information already submitted by the
provisional voter. The provisional voter may, within 2
calendar days after the election, submit additional
information to the county clerk or board of election
commissioners. This information must be received by the
county clerk or board of election commissioners within the
2-calendar-day period.
(e) If the county clerk or board of election
commissioners determines that subsection (b)(1), (b)(2), or
(b)(3) does not apply, then the provisional ballot is not
valid and may not be counted. The provisional ballot envelope
containing the ballot cast by the provisional voter may not
be opened. The county clerk or board of election
commissioners shall write on the provisional ballot envelope
the following: "Provisional ballot determined invalid.".
(f) If the county clerk or board of election
commissioners determines that a provisional ballot is valid
under this Section, then the provisional ballot envelope
shall be opened. The outside of each provisional ballot
envelope shall also be marked to identify the precinct and
the date of the election.
(g) The provisional ballots determined to be valid shall
be added to the vote totals for the precincts from which they
were cast in the order in which the ballots were opened. The
county clerk or board of election commissioners may, in the
alternative, create a separate provisional-voter precinct for
the purpose of counting and recording provisional ballots and
adding the recorded votes to its official canvass. The
validation and counting of provisional ballots shall be
subject to the provisions of this Code that apply to
pollwatchers. If the provisional ballots are a ballot of a
punch card voting system, then the provisional ballot shall
be counted in a manner consistent with Article 24A. If the
provisional ballots are a ballot of optical scan or other
type of approved electronic voting system, then the
provisional ballots shall be counted in a manner consistent
with Article 24B.
(h) As soon as the ballots have been counted, the
election judges or election officials shall, in the presence
of the county clerk or board of election commissioners, place
each of the following items in a separate envelope or bag:
(1) all provisional ballots, voted or spoiled; (2) all
provisional ballot envelopes of provisional ballots voted or
spoiled; and (3) all executed affidavits of the provisional
ballots voted or spoiled. All provisional ballot envelopes
for provisional voters who have been determined not to be
registered to vote shall remain sealed. The county clerk or
board of election commissioners shall treat the provisional
ballot envelope containing the written affidavit as a voter
registration application for that person for the next
election and process that application. The election judges or
election officials shall then securely seal each envelope or
bag, initial the envelope or bag, and plainly mark on the
outside of the envelope or bag in ink the precinct in which
the provisional ballots were cast. The election judges or
election officials shall then place each sealed envelope or
bag into a box, secure and seal it in the same manner as
described in item (6) of subsection (b) of Section 18A-5.
Each election judge or election official shall take and
subscribe an oath before the county clerk or board of
election commissioners that the election judge or election
official securely kept the ballots and papers in the box, did
not permit any person to open the box or otherwise touch or
tamper with the ballots and papers in the box, and has no
knowledge of any other person opening the box. For purposes
of this Section, the term "election official" means the
county clerk, a member of the board of election
commissioners, as the case may be, and their respective
employees.
(10 ILCS 5/18A-20 new)
Sec. 18A-20. Provisional voting verification system. In
conjunction with each county clerk or board of election
commissioners, the State Board of Elections shall establish a
uniform free access information system by which a person
casting a provisional ballot may ascertain whether the
provisional vote was counted in the official canvass of votes
for that election and, if the vote was not counted, the
reason that the vote was not counted. Nothing in this Section
shall prohibit a county clerk or a board of election
commissioner from establishing a free access information
system described in this Section so long as that system is
consistent with the federal Help America Vote Act.
(10 ILCS 5/19-2.1) (from Ch. 46, par. 19-2.1)
Sec. 19-2.1. At the consolidated primary, general
primary, consolidated, and general elections, electors
entitled to vote by absentee ballot under the provisions of
Section 19-1 may vote in person at the office of the
municipal clerk, if the elector is a resident of a
municipality not having a board of election commissioners, or
at the office of the township clerk or, in counties not under
township organization, at the office of the road district
clerk if the elector is not a resident of a municipality;
provided, in each case that the municipal, township or road
district clerk, as the case may be, is authorized to conduct
in-person absentee voting pursuant to this Section. Absentee
voting in such municipal and township clerk's offices under
this Section shall be conducted from the 22nd day through the
day before the election.
Municipal and township clerks (or road district clerks)
who have regularly scheduled working hours at regularly
designated offices other than a place of residence and whose
offices are open for business during the same hours as the
office of the election authority shall conduct in-person
absentee voting for said elections. Municipal and township
clerks (or road district clerks) who have no regularly
scheduled working hours but who have regularly designated
offices other than a place of residence shall conduct
in-person absentee voting for said elections during the hours
of 8:30 a.m. to 4:30 p.m. or 9:00 a.m. to 5:00 p.m.,
weekdays, and 9:00 a.m. to 12:00 noon on Saturdays, but not
during such hours as the office of the election authority is
closed, unless the clerk files a written waiver with the
election authority not later than July 1 of each year stating
that he or she is unable to conduct such voting and the
reasons therefor. Such clerks who conduct in-person absentee
voting may extend their hours for that purpose to include any
hours in which the election authority's office is open.
Municipal and township clerks (or road district clerks) who
have no regularly scheduled office hours and no regularly
designated offices other than a place of residence may not
conduct in-person absentee voting for said elections. The
election authority may devise alternative methods for
in-person absentee voting before said elections for those
precincts located within the territorial area of a
municipality or township (or road district) wherein the clerk
of such municipality or township (or road district) has
waived or is not entitled to conduct such voting. In
addition, electors may vote by absentee ballot under the
provisions of Section 19-1 at the office of the election
authority having jurisdiction over their residence.
In conducting absentee voting under this Section, the
respective clerks shall not be required to verify the
signature of the absentee voter by comparison with the
signature on the official registration record card. However,
the clerk shall reasonably ascertain the identity of such
applicant, shall verify that each such applicant is a
registered voter, and shall verify the precinct in which he
or she is registered and the proper ballots of the political
subdivisions in which the applicant resides and is entitled
to vote, prior to providing any absentee ballot to such
applicant. The clerk shall verify the applicant's
registration and from the most recent poll list provided by
the county clerk, and if the applicant is not listed on that
poll list then by telephoning the office of the county clerk.
Absentee voting procedures in the office of the
municipal, township and road district clerks shall be subject
to all of the applicable provisions of this Article 19.
Pollwatchers may be appointed to observe in-person absentee
voting procedures at the office of the municipal, township or
road district clerks' offices where such absentee voting is
conducted. Such pollwatchers shall qualify and be appointed
in the same manner as provided in Sections 7-34 and 17-23,
except each candidate, political party or organization of
citizens may appoint only one pollwatcher for each location
where in-person absentee voting is conducted. Pollwatchers
must shall be registered to vote in Illinois residents of the
county and possess valid pollwatcher credentials. All
requirements in this Article applicable to election
authorities shall apply to the respective local clerks,
except where inconsistent with this Section.
The sealed absentee ballots in their carrier envelope
shall be delivered by the respective clerks, or by the
election authority on behalf of a clerk if the clerk and the
election authority agree, to the proper polling place before
the close of the polls on the day of the general primary,
consolidated primary, consolidated, or general election.
Not more than 23 days before the nonpartisan, general and
consolidated elections, the county clerk shall make available
to those municipal, township and road district clerks
conducting in-person absentee voting within such county, a
sufficient number of applications, absentee ballots,
envelopes, and printed voting instruction slips for use by
absentee voters in the offices of such clerks. The respective
clerks shall receipt for all ballots received, shall return
all unused or spoiled ballots to the county clerk on the day
of the election and shall strictly account for all ballots
received.
The ballots delivered to the respective clerks shall
include absentee ballots for each precinct in the
municipality, township or road district, or shall include
such separate ballots for each political subdivision
conducting an election of officers or a referendum on that
election day as will permit any resident of the municipality,
township or road district to vote absentee in the office of
the proper clerk.
The clerks of all municipalities, townships and road
districts may distribute applications for absentee ballot for
the use of voters who wish to mail such applications to the
appropriate election authority. Such applications for
absentee ballots shall be made on forms provided by the
election authority. Duplication of such forms by the
municipal, township or road district clerk is prohibited.
(Source: P.A. 91-210, eff. 1-1-00.)
(10 ILCS 5/19-2.2) (from Ch. 46, par. 19-2.2)
Sec. 19-2.2. (a) During the period beginning on the 40th
day preceding an election and continuing through the day
preceding such election, no advertising pertaining to any
candidate or proposition to be voted upon shall be displayed
in or within 100 feet of any room used by voters pursuant to
this Article; nor shall any person engage in electioneering
in or within 100 feet of any such room. Any person who
violates this Section may be punished as for contempt of
court.
(b) Election officers shall place 2 or more cones, small
United States national flags, or some other marker a distance
of 100 horizontal feet from each entrance to the room used by
voters to engage in voting, which shall be known as the
polling room. If the polling room is located within a
building that is a public or private school or a church or
other organization founded for the purpose of religious
worship and the distance of 100 horizontal feet ends within
the interior of the building, then the markers shall be
placed outside of the building at each entrance used by
voters to enter that building on the grounds adjacent to the
thoroughfare or walkway. If the polling room is located
within a public or private building with 2 or more floors and
the polling room is located on the ground floor, then the
markers shall be placed 100 horizontal feet from each
entrance to the polling room used by voters to engage in
voting. If the polling room is located in a public or private
building with 2 or more floors and the polling room is
located on a floor above or below the ground floor, then the
markers shall be placed a distance of 100 feet from the
nearest elevator or staircase used by voters on the ground
floor to access the floor where the polling room is located.
The area within where the markers are placed shall be known
as a campaign free zone, and electioneering is prohibited
pursuant to this subsection.
The area on polling place property beyond the campaign
free zone, whether publicly or privately owned, is a public
forum for the time that the polls are open on an election
day. At the request of election officers any publicly owned
building must be made available for use as a polling place. A
person shall have the right to congregate and engage in
electioneering on any polling place property while the polls
are open beyond the campaign free zone, including but not
limited to, the placement of temporary signs. This subsection
shall be construed liberally in favor of persons engaging in
electioneering on all polling place property beyond the
campaign free zone for the time that the polls are open on an
election day.
(c) The regulation of electioneering on polling place
property on an election day, including but not limited to the
placement of temporary signs, is an exclusive power and
function of the State. A home rule unit may not regulate
electioneering and any ordinance or local law contrary to
subsection (b) is declared void. This is a denial and
limitation of home rule powers and functions under subsection
(h) of Section 6 of Article VII of the Illinois Constitution.
(Source: P.A. 80-1281; 80-1469; 80-1494.)
(10 ILCS 5/19-10) (from Ch. 46, par. 19-10)
Sec. 19-10. Pollwatchers may be appointed to observe
in-person absentee voting procedures at the office of the
election authority as well as at municipal, township or road
district clerks' offices where such absentee voting is
conducted. Such pollwatchers shall qualify and be appointed
in the same manner as provided in Sections 7-34 and 17-23,
except each candidate, political party or organization of
citizens may appoint only one pollwatcher for each location
where in-person absentee voting is conducted. Pollwatchers
must shall be registered to vote in Illinois residents of the
county and possess valid pollwatcher credentials.
In the polling place on election day, pollwatchers shall
be permitted to be present during the casting of the absent
voters' ballots and the vote of any absent voter may be
challenged for cause the same as if he were present and voted
in person, and the judges of the election or a majority
thereof shall have power and authority to hear and determine
the legality of such ballot; Provided, however, that if a
challenge to any absent voter's right to vote is sustained,
notice of the same must be given by the judges of election by
mail addressed to the voter's place of residence.
Where certain absent voters' ballots are counted on the
day of the election in the office of the election authority
as provided in Section 19-8 of this Act, each political
party, candidate and qualified civic organization shall be
entitled to have present one pollwatcher for each panel of
election judges therein assigned. Such pollwatchers shall be
subject to the same provisions as are provided for
pollwatchers in Sections 7-34 and 17-23 of this Code, and
shall be permitted to observe the election judges making the
signature comparison between that which is on the ballot
envelope and that which is on the permanent voter
registration record card taken from the master file.
(Source: P.A. 86-875.)
(10 ILCS 5/22-5) (from Ch. 46, par. 22-5)
Sec. 22-5. Immediately after the completion of the
abstracts of votes, the county clerk shall make 2 correct
copies of the abstracts of votes for Governor, Lieutenant
Governor, Secretary of State, State Comptroller, Treasurer,
Attorney General, both of which said copies he shall envelope
and seal up, and endorse upon the envelopes in substance,
"Abstracts of votes for State Officers from .... County"; and
shall seal up a copy of each of the abstracts of votes for
other officers and amendments to the Constitution and other
propositions voted on, and endorse the same so as to show the
contents of the package, and address the same to the State
Board of Elections. The several packages shall then be placed
in one envelope and addressed to the State Board of
Elections. The county clerk shall send the sealed envelope
addressed to the State Board of Elections via overnight mail
so it arrives at the address the following calendar day.
(Source: P.A. 78-592; 78-918; 78-1297.)
(10 ILCS 5/22-9) (from Ch. 46, par. 22-9)
Sec. 22-9. It shall be the duty of such Board of
Canvassers to canvass, and add up and declare the result of
every election hereafter held within the boundaries of such
city, village or incorporated town, operating under Article 6
of this Act, and the judge of the circuit court shall
thereupon enter of record such abstract and result, and a
certified copy of such record shall thereupon be filed with
the County Clerk of the county; and such abstracts or results
shall be treated, by the County Clerk in all respects, as if
made by the Canvassing Board now provided by the foregoing
sections of this law, and he shall transmit the same to the
State Board of Elections, or other proper officer, as
required hereinabove. The county clerk or board of election
commissioners, as the case may be, shall send the abstract
and result in a sealed envelope addressed to the State Board
of Elections via overnight mail so it arrives at the address
the following calendar day. And such abstracts or results so
entered and declared by such judge, and a certified copy
thereof, shall be treated everywhere within the state, and by
all public officers, with the same binding force and effect
as the abstract of votes now authorized by the foregoing
provisions of this Act.
(Source: P.A. 78-918.)
(10 ILCS 5/22-15) (from Ch. 46, par. 22-15)
Sec. 22-15. The county clerk or board of election
commissioners shall, upon request, and by mail if so
requested, furnish free of charge to any candidate for State
office, including State Senator and Representative in the
General Assembly, and any candidate for congressional office,
whose name appeared upon the ballot within the jurisdiction
of the county clerk or board of election commissioners, a
copy of the abstract of votes by precinct 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 10 days 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 for the above-named
offices and for the offices of ward, township, and precinct
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. 83-880.)
(10 ILCS 5/23-15.1 new)
Sec. 23-15.1. Production of ballot counting code and
attendance of witnesses. All voting-system vendors shall,
within 90 days after the adoption of rules or upon
application for voting-system approval, place in escrow all
computer code for its voting system with the State Board of
Elections. The State Board of Elections shall promulgate
rules to implement this Section. For purposes of this
Section, the term "computer code" includes, but is not
limited to, ballot counting source code, table structures,
modules, program narratives, and other human readable
computer instructions used to count ballots. Any computer
code submitted by vendors to the State Board of Elections
shall be considered strictly confidential and the
intellectual property of the vendors and shall not be subject
to public disclosure under the Freedom of Information Act.
The State Board of Elections shall determine which
software components of a voting system it deems necessary to
enable the review and verification of the computer. The State
Board of Elections shall secure and maintain all proprietary
computer codes in strict confidence and shall make a computer
code available to authorized persons in connection with an
election contest or pursuant to any State or federal court
order.
In an election contest, each party to the contest may
designate one or more persons who are authorized to receive
the computer code of the relevant voting systems. The person
or persons authorized to receive the relevant computer code
shall enter into a confidentiality agreement with the State
Board of Elections and must exercise the highest degree of
reasonable care to maintain the confidentiality of all
proprietary information.
The State Board of Elections shall promulgate rules to
provide for the security, review, and verification of
computer codes. Verification includes, but is not limited to,
determining that the computer code corresponds to computer
instructions actually in use to count ballots. Nothing in
this Section shall impair the obligation of any contract
between a voting-systems vendor and an election authority
that provides access to computer code that is equal to or
greater than that provided by this Section.
(10 ILCS 5/24A-22 new)
Sec. 24A-22. Definition of a vote.
(a) Notwithstanding any law to the contrary, for the
purpose of this Article, a person casts a valid vote on a
punch card ballot when:
(1) A chad on the card has at least one corner
detached from the card;
(2) The fibers of paper on at least one edge of the
chad are broken in a way that permits unimpeded light to
be seen through the card; or
(3) An indentation on the chad from the stylus or
other object is present and indicates a clearly
ascertainable intent of the voter to vote based on the
totality of the circumstances, including but not limited
to any pattern or frequency of indentations on other
ballot positions from the same ballot card.
(b) Write-in votes shall be counted in a manner
consistent with the existing provisions of this Code.
(c) For purposes of this Section, a "chad" is that
portion of a ballot card that a voter punches or perforates
with a stylus or other designated marking device to manifest
his or her vote for a particular ballot position on a ballot
card as defined in subsection (a). Chads shall be removed
from ballot cards prior to their processing and tabulation in
election jurisdictions that utilize a ballot card as a means
of recording votes at an election. Election jurisdictions
that utilize a mechanical means or device for chad removal as
a component of their tabulation shall use that means or
device for chad removal.
(10 ILCS 5/24B-2)
Sec. 24B-2. Definitions. As used in this Article:
"Computer", "automatic tabulating equipment" or
"equipment" includes apparatus necessary to automatically
examine and count votes as designated on ballots, and data
processing machines which can be used for counting ballots
and tabulating results.
"Ballot" means paper ballot sheets.
"Ballot configuration" means the particular combination
of political subdivision ballots including, for each
political subdivision, the particular combination of offices,
candidate names and questions as it appears for each group of
voters who may cast the same ballot.
"Ballot sheet" means a paper ballot printed on one or
both sides which is (1) designed and prepared so that the
voter may indicate his or her votes in designated areas,
which must be areas clearly printed or otherwise delineated
for such purpose, and (2) capable of having votes marked in
the designated areas automatically examined, counted, and
tabulated by an electronic scanning process.
"Central counting" means the counting of ballots in one
or more locations selected by the election authority for the
processing or counting, or both, of ballots. A location for
central counting shall be within the territorial jurisdiction
of the election authority unless there is no suitable
tabulating equipment available within his territorial
jurisdiction. However, in any event a counting location
shall be within this State.
"Computer operator" means any person or persons
designated by the election authority to operate the automatic
tabulating equipment during any portion of the vote tallying
process in an election, but shall not include judges of
election operating vote tabulating equipment in the precinct.
"Computer program" or "program" means the set of
operating instructions for the automatic tabulating equipment
that examines, counts, tabulates, canvasses and prints votes
recorded by a voter on a ballot.
"Edit listing" means a computer generated listing of the
names of each candidate and proposition as they appear in the
program for each precinct.
"Header sheet" means a data processing document which is
coded to indicate to the computer the precinct identity of
the ballots that will follow immediately and may indicate to
the computer how such ballots are to be tabulated.
"In-precinct counting" means the counting of ballots on
automatic tabulating equipment provided by the election
authority in the same precinct polling place in which those
ballots have been cast.
"Marking device" means a pen, computer, or other device
or similar device approved by the State Board of Elections
for marking, or causing to be marked, a paper ballot with ink
or other substance which will enable the ballot to be
tabulated by automatic tabulating equipment or by an
electronic scanning process.
"Precinct Tabulation Optical Scan Technology" means the
capability to examine a ballot through electronic means and
tabulate the votes at one or more counting places.
"Redundant count" means a verification of the original
computer count by another count using compatible equipment or
by hand as part of a discovery recount.
"Security designation" means a printed designation placed
on a ballot to identify to the computer program the offices
and propositions for which votes may be cast and to indicate
the manner in which votes cast should be tabulated while
negating any inadmissible votes.
"Separate ballot", with respect to ballot sheets, means a
separate portion of the ballot sheet which is clearly defined
by a border or borders or shading.
"Specimen ballot" means a representation of names of
offices and candidates and statements of measures to be voted
on which will appear on the official ballot or marking device
on election day. The specimen ballot also contains the party
and position number where applicable.
"Voting defect identification" means the capability to
detect overvoted ballots or ballots which cannot be read by
the automatic tabulating equipment.
"Voting defects" means an overvoted ballot, or a ballot
which cannot be read by the automatic tabulating equipment.
"Voting system" or "electronic voting system" means that
combination of equipment and programs used in the casting,
examination and tabulation of ballots and the cumulation and
reporting of results by electronic means.
(Source: P.A. 89-394, eff. 1-1-97.)
(10 ILCS 5/24B-6)
Sec. 24B-6. Ballot Information; Arrangement; Electronic
Precinct Tabulation Optical Scan Technology Voting System;
Absentee Ballots; Spoiled Ballots. The ballot information,
shall, as far as practicable, be in the order of arrangement
provided for paper ballots, except that the information may
be in vertical or horizontal rows, or on a number of separate
pages or displays on the marking device. Ballots for all
questions or propositions to be voted on should be provided
in a similar manner and must be arranged on the ballot sheet
or marking device in the places provided for such purposes.
Ballots shall be of white paper unless provided otherwise by
administrative rule of the State Board of Elections or
otherwise specified.
All propositions, including but not limited to
propositions calling for a constitutional convention,
constitutional amendment, judicial retention, and public
measures to be voted upon shall be placed on separate
portions of the ballot sheet or marking device by utilizing
borders or grey screens. Candidates shall be listed on a
separate portion of the ballot sheet or marking device by
utilizing borders or grey screens. Below the name of the
last candidate listed for an office shall be printed or
displayed a line or lines on which the voter may select a
write-in candidate. Such line or lines shall be proximate to
the name of a candidate or candidates may be written by the
voter, and proximate to such lines an area shall be provided
for marking votes for the write-in candidate or candidates.
The number of write-in lines for an office shall equal the
number of candidates for which a voter may vote. More than
one amendment to the constitution may be placed on the same
portion of the ballot sheet or marking device. Constitutional
convention or constitutional amendment propositions shall be
printed or displayed on a separate portion of the ballot
sheet or marking device and designated by borders or grey
screens, unless otherwise provided by administrative rule of
the State Board of Elections. More than one public measure
or proposition may be placed on the same portion of the
ballot sheet or marking device. More than one proposition
for retention of judges in office may be placed on the same
portion of the ballot sheet or marking device. Names of
candidates shall be printed in black. The party affiliation
of each candidate or the word "independent" shall appear near
or under the candidate's name, and the names of candidates
for the same office shall be listed vertically under the
title of that office, on separate pages of the marking
device, or as otherwise approved by the State Board of
Elections. In the case of nonpartisan elections for officers
of political subdivisions, unless the statute or an ordinance
adopted pursuant to Article VII of the Constitution requires
otherwise, the listing of nonpartisan candidates shall not
include any party or "independent" designation. Judicial
retention questions and ballot questions for all public
measures and other propositions shall be designated by
borders or grey screens on the ballot or marking device.
Judicial retention ballots shall be designated by borders or
grey screens. Ballots for all public measures and other
propositions shall be designated by borders or grey screens.
In primary elections, a separate ballot, or displays on the
marking device, shall be used for each political party
holding a primary, with the ballot or marking device arranged
to include names of the candidates of the party and public
measures and other propositions to be voted upon on the day
of the primary election.
If the ballot includes both candidates for office and
public measures or propositions to be voted on, the election
official in charge of the election shall divide the ballot or
displays on the marking device in sections for "Candidates"
and "Propositions", or separate ballots may be used.
Absentee ballots may consist of envelopes, paper ballots
or ballot sheets voted in person in the office of the
election official in charge of the election or voted by mail.
Where a Precinct Tabulation Optical Scan Technology ballot is
used for voting by mail it must be accompanied by voter
instructions.
Any voter who spoils his or her ballot, makes an error,
or has a ballot returned by the automatic tabulating
equipment may return the ballot to the judges of election and
get another ballot.
(Source: P.A. 89-394, eff. 1-1-97; 89-700, eff. 1-17-97.)
(10 ILCS 5/24B-8)
Sec. 24B-8. Preparation for Use; Comparison of Ballots;
Operational Checks of Automatic Precinct Tabulation Optical
Scan Technology Tabulating Equipment; Pollwatchers. The
county clerk or board of election commissioners shall cause
the approved marking devices to be delivered to the polling
places. Before the opening of the polls the judges of
election shall compare the ballots or displays on the marking
device used with the specimen ballots furnished and see that
the names, numbers and letters thereon agree and shall
certify thereto on forms provided by the county clerk or
board of election commissioners.
In addition, in those polling places where in-precinct
Precinct Tabulation Optical Scan Technology counting
equipment is utilized, the judges of election shall make an
operational check of the automatic Precinct Tabulation
Optical Scan Technology tabulating equipment before the
opening of the polls. The judges of election shall ensure
that the totals are all zeroes in the count column on the
Precinct Tabulation Optical Scan Technology unit.
Pollwatchers as provided by law shall be permitted to
closely observe the judges in these procedures and to
periodically inspect the Precinct Tabulation Optical Scan
Technology equipment when not in use by the voters.
(Source: P.A. 89-394, eff. 1-1-97.)
(10 ILCS 5/24B-9)
Sec. 24B-9. Testing of Precinct Tabulation Optical Scan
Technology Equipment and Program; Custody of Programs, Test
Materials and Ballots. Prior to the public test, the
election authority shall conduct an errorless pre-test of the
automatic Precinct Tabulation Optical Scan Technology
tabulating equipment and program and marking device to
determine that they will correctly detect Voting Defects and
count the votes cast for all offices and all measures. On any
day not less than 5 days prior to the election day, the
election authority shall publicly test the automatic Precinct
Tabulation Optical Scan Technology tabulating equipment and
program to determine that they will correctly detect Voting
Defects and count the votes cast for all offices and on all
measures. Public notice of the time and place of the test
shall be given at least 48 hours before the test by
publishing the notice in one or more newspapers within the
election jurisdiction of the election authority, if a
newspaper is published in that jurisdiction. If a newspaper
is not published in that jurisdiction, notice shall be
published in a newspaper of general circulation in that
jurisdiction. Timely written notice stating the date, time,
and location of the public test shall also be provided to the
State Board of Elections. The test shall be open to
representatives of the political parties, the press,
representatives of the State Board of Elections, and the
public. 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 measure,
and shall include for each office one or more ballots having
votes exceeding the number allowed by law to test the ability
of the automatic tabulating equipment or marking device to
reject the votes. The test shall also include producing an
edit listing. In those election jurisdictions where
in-precinct counting equipment is used, a public test of both
the equipment and program shall be conducted as nearly as
possible in the manner prescribed above. The State Board of
Elections may select as many election jurisdictions as the
Board deems advisable in the interests of the election
process of this State, to order a special test of the
automatic tabulating equipment and program before any regular
election. The Board may order a special test in any election
jurisdiction where, during the preceding 12 months, computer
programming errors or other errors in the use of electronic
voting systems resulted in vote tabulation errors. Not less
than 30 days before any election, the State Board of
Elections shall provide written notice to those selected
jurisdictions of their intent to conduct a test. Within 5
days of receipt of the State Board of Elections' written
notice of intent to conduct a test, the selected
jurisdictions shall forward to the principal office of the
State Board of Elections a copy of all specimen ballots. The
State Board of Elections' tests shall be conducted and
completed not less than 2 days before the public test
utilizing testing materials supplied by the Board and under
the supervision of the Board, and the Board shall reimburse
the election authority for the reasonable cost of computer
time required to conduct the special test. After an
errorless test, materials used in the public test, including
the program, if appropriate, shall be sealed and remain
sealed until the test is run again on election day. If any
error is detected, the cause of the error shall be determined
and corrected, and an errorless public test shall be made
before the automatic tabulating equipment is approved. Each
election authority shall file a sealed copy of each tested
program to be used within its jurisdiction at an election
with the State Board of Elections before the election. The
Board shall secure the program or programs of each election
jurisdiction so filed in its office for the 60 days following
the canvass and proclamation of election results. At the
expiration of that time, if no election contest or appeal is
pending in an election jurisdiction, the Board shall return
the sealed program or programs to the election authority of
the jurisdiction. Except where in-precinct counting
equipment is used, the test shall be repeated immediately
before the start of the official counting of the ballots, in
the same manner as set forth above. After the completion of
the count, the test shall be re-run using the same program.
Immediately after the re-run, all material used in testing
the program and the programs shall be sealed and retained
under the custody of the election authority for a period of
60 days. At the expiration of that time the election
authority shall destroy the voted ballots, together with all
unused ballots returned from the precincts. Provided, if any
contest of election is pending at the time in which the
ballots may be required as evidence and the election
authority has notice of the contest, the same shall not be
destroyed until after the contest is finally determined. If
the use of back-up equipment becomes necessary, the same
testing required for the original equipment shall be
conducted.
(Source: P.A. 89-394, eff. 1-1-97.)
(10 ILCS 5/24B-9.1)
Sec. 24B-9.1. Examination of Votes by Electronic
Precinct Tabulation Optical Scan Technology Scanning Process
or other authorized electronic process; definition of a vote.
(a) Examination of Votes by Electronic Precinct
Tabulation Optical Scan Technology Scanning Process. Whenever
a Precinct Tabulation Optical Scan Technology process is used
to automatically examine and count the votes on ballot
sheets, the provisions of this Section shall apply. A voter
shall cast a proper vote on a ballot sheet by making a mark,
or causing a mark to be made, in the designated area for the
casting of a vote for any party or candidate or for or
against any proposition. For this purpose, a mark is an
intentional darkening of the designated area on the ballot
sheet, and not an identifying mark.
(b) For any ballot sheet that does not register a vote
for one or more ballot positions on the ballot sheet on a
Electronic Precinct Tabulation Optical Scan Technology
Scanning Process, the following shall constitute a vote on
the ballot sheet:
(1) The designated area for casting a vote for a
particular ballot position on the ballot sheet is fully
darkened or shaded in;
(2) The designated area for casting a vote for a
particular ballot position on the ballot sheet is
partially darkened or shaded in;
(3) The designated area for casting a vote for a
particular ballot position on the ballot sheet contains a
dot or ".", a check, or a plus or "+"; or
(4) The designated area for casting a vote for a
particular ballot position on the ballot sheet contains
some other type of mark that indicates the clearly
ascertainable intent of the voter to vote based on the
totality of the circumstances, including but not limited
to any pattern or frequency of marks on other ballot
positions from the same ballot sheet.
(5) The designated area for casting a vote for a
particular ballot position on the ballot sheet is not
marked, but the ballot sheet contains other markings
associated with a particular ballot position, such as
circling a candidate's name, that indicates the clearly
ascertainable intent of the voter to vote, based on the
totality of the circumstances, including but not limited
to, any pattern or frequency of markings on other ballot
positions from the same ballot sheet.
(c) For other electronic voting systems that use a
computer as the marking device to mark a ballot sheet, the
bar code found on the ballot sheet shall constitute the votes
found on the ballot. If, however, the county clerk or board
of election commissioners determines that the votes
represented by the tally on the bar code for one or more
ballot positions is inconsistent with the votes represented
by numerical ballot positions identified on the ballot sheet
produced using a computer as the marking device, then the
numerical ballot positions identified on the ballot sheet
shall constitute the votes for purposes of any official
canvass or recount proceeding. An electronic voting system
that uses a computer as the marking device to mark a ballot
sheet shall be capable of producing a ballot sheet that
contains all numerical ballot positions selected by the
voter, and provides a place for the voter to cast a write-in
vote for a candidate for a particular numerical ballot
position.
(d) The election authority shall provide an envelope,
sleeve or other device to each voter so the voter can deliver
the voted ballot sheet to the counting equipment and ballot
box without the votes indicated on the ballot sheet being
visible to other persons in the polling place.
(Source: P.A. 89-394, eff. 1-1-97.)
(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 absentee paper ballots and any other
paper ballots required to be voted other than on the
Precinct Tabulation Optical Scan Technology electronic
voting system. Ballots, except absentee ballots for
candidates and propositions which are listed on the
Precinct Tabulation Optical Scan Technology electronic
voting system, 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 absentee ballots delivered to the precinct
judges of election by the election official in charge of
the election shall be examined to determine that the
ballots comply with Sections 19-9 and 20-9 of this Code
and are entitled to be inserted into the counting
equipment and deposited into the ballot box provided;
those entitled to be deposited in this ballot box shall
be initialed by the precinct judges of election and
deposited. Those not entitled to be deposited in this
ballot box shall be marked "Rejected" and disposed of as
provided in Sections 19-9 and 20-9. The precinct judges
of election shall then open the second ballot box and
examine all paper absentee ballots which are in the
ballot box to determine whether the absentee ballots bear
the initials of a precinct judge of election. If any
absentee ballot is not so initialed, it shall be marked
on the back "Defective", initialed as to the label by all
judges immediately under the word "Defective", and not
counted, but placed in the envelope provided for that
purpose labeled "Defective Ballots Envelope". The judges
of election, consisting in each case of at least one
judge of election of each of the 2 major political
parties, shall examine the paper absentee ballots which
were in such ballot box and properly initialed to
determine whether the same contain write-in votes.
Write-in votes, not causing an overvote for an office
otherwise voted for on the paper absentee ballot, and
otherwise properly voted, shall be counted, tallied and
recorded on the tally sheet provided for the record. A
write-in vote causing an overvote for an office shall not
be counted for that office, but the precinct judges shall
mark such paper absentee ballot "Objected To" on the back
and write on its back the manner in which the ballot is
counted and initial the same. An overvote for one office
shall invalidate only the vote or count of that
particular office. After counting, tallying and
recording the write-in votes on absentee ballots, 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 the
remaining valid votes on each paper absentee ballot which
was in the ballot box and properly initialed, by using
the electronic Precinct Tabulation Optical Scan
Technology voting system used in the precinct and one of
the marking devices, or equivalent marking device or
equivalent ballot, of the precinct to transfer the
remaining valid votes of the voter on the paper absentee
ballot to an official ballot or a ballot card of that
kind used in the precinct at that election. The original
paper absentee ballot shall be clearly labeled "Absentee
Ballot" and the ballot card so produced "Duplicate
Absentee 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 Absentee Ballot" ballots and shall place them
in the first ballot box provided for return of the
ballots to be counted at the central counting location in
lieu of the paper absentee ballots. The paper absentee
ballots shall be placed in an envelope provided for that
purpose labeled "Duplicate Ballots".
As soon as the absentee ballots have been deposited
in the first ballot box, 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 the first
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
absentee ballots delivered to the precinct judges of
election by the election official in charge of the
election shall be examined to determine that such ballots
comply with Sections 19-9 and 20-9 of this Code and are
entitled to be deposited in the ballot box; those
entitled to be deposited in the ballot box shall be
initialed by the precinct judges of election and
deposited in the ballot box. Those not entitled to be
deposited in the ballot box shall be marked "Rejected"
and disposed of as provided in Sections 19-9 and 20-9.
The precinct judges of election then 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. The
judges of election shall then examine all paper absentee
ballots and ballot envelopes which are in the ballot box
to determine whether the ballots and ballot envelopes
bear the initials of a precinct judge of election. If
any ballot or ballot envelope is not initialed, it shall
be marked on the back "Defective", initialed as to the
label by all judges immediately under the word
"Defective", and not counted, but placed in the envelope
provided for that purpose labeled "Defective Ballots
Envelope". The judges of election, consisting in each
case of at least one judge of election of each of the 2
major political parties, shall examine the paper absentee
ballots which were in the ballot box and properly
initialed to determine whether the same contain write-in
votes. Write-in votes, not causing an overvote for an
office otherwise voted for on the paper absentee ballot,
and otherwise properly voted, shall be counted, tallied
and recorded on the tally sheet provided for the record.
A write-in vote causing an overvote for an office shall
not be counted for that office, but the precinct judges
shall mark the paper absentee ballot "Objected To" on the
back and write on its back the manner the ballot is
counted and initial the same. An overvote for one office
shall invalidate only the vote or count of that
particular office. After counting, tallying and
recording the write-in votes on absentee ballots, 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 the
remaining valid votes on each paper absentee ballot which
was in the ballot box and properly initialed, by using
the electronic voting system used in the precinct and one
of the marking devices of the precinct to transfer the
remaining valid votes of the voter on the paper absentee
ballot to an official ballot of that kind used in the
precinct at that election. The original paper absentee
ballot shall be clearly labeled "Absentee Ballot" and the
ballot so produced "Duplicate Absentee 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 Absentee Ballot" ballots and shall
place them in the box for return of the ballots with all
other ballots to be counted at the central counting
location in lieu of the paper absentee ballots. The
paper absentee ballots shall be placed in an envelope
provided for that purpose labeled "Duplicate Ballots".
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, along with all "Duplicate
Absentee Ballots", and "Duplicate Overvoted 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, number of absentee
votes deposited in the ballot box, 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 judges of election shall examine the
absentee ballots received by the precinct judges of
election from the election authority of voters in that
precinct to determine that they comply with the
provisions of Sections 19-9, 20-8 and 20-9 of this Code
and are entitled to be deposited in the ballot box; those
entitled to be deposited in the ballot box shall be
initialed by the precinct judges and deposited in the
ballot box. Those not entitled to be deposited in the
ballot box, in accordance with Sections 19-9, 20-8 and
20-9 of this Code shall be marked "Rejected" and
preserved in the manner provided in this Code for the
retention and preservation of official ballots rejected
at such election. Immediately upon the completion of the
absentee balloting, 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
absentee 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
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 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 for absentee 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". Write-in votes,
not causing an overvote for an office otherwise voted for
on the absentee ballot sheet, and otherwise properly
voted, shall be counted, tallied, and recorded by the
central counting location judges on the tally sheet
provided for the record. A write-in vote causing an
overvote for an office shall not be counted for that
office, but the tally judges shall mark the absentee
ballot sheet "Objected To" and write the manner in which
the ballot is counted on its back and initial the sheet.
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. 89-394, eff. 1-1-97.)
(10 ILCS 5/24B-10.1)
Sec. 24B-10.1. In-Precinct Counting Equipment;
Procedures for Counting and Tallying Ballots. In an election
jurisdiction where Precinct Tabulation Optical Scan
Technology counting equipment is used, the following
procedures for counting and tallying the ballots shall apply:
Before the opening of the polls, and before the ballots
are entered into the automatic tabulating equipment, the
judges of election shall be sure that the totals are all
zeros in the counting column. Ballots may then be counted by
entering or scanning each ballot into the automatic
tabulating equipment. Throughout the election day and before
the closing of the polls, no person may check any vote totals
for any candidate or proposition on the automatic tabulating
equipment. Such automatic tabulating equipment shall be
programmed so that no person may reset the equipment for
refeeding of ballots unless provided a code from an
authorized representative of the election authority. At the
option of the election authority, the ballots may be fed into
the Precinct Tabulation Optical Scan Technology equipment by
the voters under the direct supervision of the judges of
elections.
Immediately after the closing of the polls, the absentee
ballots delivered to the precinct judges of election by the
election authority shall be examined to determine that the
ballots comply with Sections 19-9 and 20-9 of this Code and
are entitled to be scanned by the Precinct Tabulation Optical
Scan Technology equipment and then deposited in the ballot
box; those entitled to be scanned and deposited in the ballot
box shall be initialed by the precinct judges of election and
then scanned and deposited in the ballot box. Those not
entitled to be deposited in the ballot box shall be marked
"Rejected" and disposed of as provided in said Sections 19-9
and 20-9.
The precinct judges of election shall open the ballot box
and count the number of ballots to determine if the number
agrees with the number of voters voting as shown on the
Precinct Tabulation Optical Scan Technology equipment and by
the applications for ballot or, if the same do not agree, the
judges of election shall make the ballots agree with the
applications for ballot in the manner provided by Section
17-18 of this Code. The judges of election shall then
examine all ballots which are in the ballot box to determine
whether the ballots contain the initials of a 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 judges immediately under the word "Defective" and not
counted. The judges of election shall place an initialed
blank official ballot in the place of the defective ballot,
so that the count of the ballots to be counted on the
automatic tabulating equipment will be the same, and each
"Defective Ballot" and "Replacement" ballot shall contain 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 original "Defective" ballot shall be placed in the
"Defective Ballot Envelope" provided for that purpose.
If the judges of election have removed a ballot pursuant
to Section 17-18, have labeled "Defective" a ballot which is
not initialed, or have otherwise determined under this Code
to not count a ballot originally deposited into a ballot box,
the judges of election shall be sure that the totals on the
automatic tabulating equipment are reset to all zeros in the
counting column. Thereafter the judges of election shall
enter or otherwise scan each ballot to be counted in the
automatic tabulating equipment. Resetting the automatic
tabulating equipment to all zeros and re-entering of ballots
to be counted may occur at the precinct polling place, the
office of the election authority, or any receiving station
designated by the election authority. The election authority
shall designate the place for resetting and re-entering or
re-scanning.
When a Precinct Tabulation Optical Scan Technology
electronic voting system is used which uses a paper ballot,
the judges of election shall examine the ballot for write-in
votes. When the voter has cast a write-in vote, the judges
of election shall compare the write-in vote with the votes on
the ballot to determine whether the write-in results in an
overvote for any office, unless the Precinct Tabulation
Optical Scan Technology equipment has already done so. 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 such 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 so as to transfer all votes of the
voter, except for the office overvoted, to a duplicate
ballot. The original ballot upon which there is an overvote
shall be clearly labeled "Overvoted Ballot", and each such
"Overvoted Ballot" as well as its "Replacement" shall contain
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 "Overvoted Ballot" shall be placed in an envelope
provided for that purpose labeled "Duplicate Ballot"
envelope, and the judges of election shall initial the
"Replacement" ballots and shall place them with the other
ballots to be counted on the automatic tabulating equipment.
If any ballot is damaged or defective, or if any ballot
contains a Voting Defect, so that it cannot properly be
counted by the automatic tabulating equipment, the voter or
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 of the precinct, or equivalent. If a
damaged ballot, the original ballot shall be clearly labeled
"Damaged Ballot" and the ballot so produced shall be clearly
labeled "Damaged Ballot" and the ballot so produced shall be
clearly labeled "Duplicate Damaged Ballot", and each shall
contain the same serial number which shall be placed by the
judges of election, beginning 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 enter or otherwise scan the
duplicate damaged ballot into the automatic tabulating
equipment. The "Damaged Ballots" shall be placed in the
"Duplicated Ballots" envelope; after all ballots have been
successfully read, the judges of election shall check to make
certain that the Precinct Tabulation Optical Scan Technology
equipment readout agrees with the number of voters making
application for ballot in that precinct. The number shall be
listed on the "Statement of Ballots" form provided by the
election authority.
The totals for all candidates and propositions shall be
tabulated; and 4 copies of a "Certificate of Results" shall
be generated by the automatic tabulating equipment; one copy
shall be posted in a conspicuous place inside the polling
place; and every effort shall be made by the judges of
election to provide a copy for each authorized pollwatcher or
other official authorized to be present in the polling place
to observe the counting of ballots; but in no case shall the
number of copies to be made available to pollwatchers be
fewer than 4, chosen by lot by the judges of election. In
addition, sufficient time shall be provided by the judges of
election to the pollwatchers to allow them to copy
information from the copy which has been posted.
The judges of election shall count all unused ballots and
enter the number on the "Statement of Ballots". All
"Spoiled", "Defective" and "Duplicated" ballots shall be
counted and the number entered on the "Statement of Ballots".
The precinct judges of election shall select a
bi-partisan team of 2 judges, who shall immediately return
the ballots in a sealed container, along with all other
election materials as instructed by the election authority;
provided, however, that such container must first be sealed
by the election judges with filament tape or other approved
sealing devices provided for the purpose which shall be
wrapped around the container lengthwise and crosswise, at
least twice each way, in a manner that the ballots cannot be
removed from the container without breaking the seal and
filament tape and disturbing any signatures affixed by the
election judges to the container, or which other approved
sealing devices are affixed in a manner approved by the
election authority. The election authority shall keep the
office of the election authority or any receiving stations
designated by the authority, open for at least 12 consecutive
hours after the polls close or until the ballots from all
precincts with in-precinct counting equipment within the
jurisdiction of the election authority have been returned to
the election authority. Ballots returned to the office of
the election authority which are not signed and sealed as
required by law shall not be accepted by the election
authority until the judges returning the ballots make and
sign the necessary corrections. Upon acceptance of the
ballots by the election authority, the judges returning the
ballots shall take a receipt signed by the election authority
and stamped with the time and date of the return. The
election judges whose duty it is to return any ballots as
provided 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. The precinct judges of election
shall also deliver the Precinct Tabulation Optical Scan
Technology equipment to the election authority.
(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 in the polling place 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. The precincts to
be retabulated shall be selected after election day on a
random basis by the election authority, so that every
precinct 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 which are to be
retabulated, and the election authority shall be required to
use that method. The State Board of Elections, the State's
Attorney and other appropriate law enforcement agencies, the
county chairman of each established political party and
qualified civic organizations 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. 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
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 office voted upon within that
precinct, 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. 89-394, eff. 1-1-97; 89-700, eff. 1-17-97.)
(10 ILCS 5/24B-18)
Sec. 24B-18. Specimen Ballots; Publication. When an
electronic Precinct Tabulation Optical Scan Technology voting
system is used, the election authority shall cause to be
published, at least 5 days before the day of each general and
general primary election, in 2 or more newspapers published
in and having a general circulation in the county, a true and
legible copy of the specimen ballot containing the names of
offices and candidates and statements of measures to be voted
on, as near as may be, in the form in which they will appear
on the official ballot on election day. A true legible copy
may be in the form of an actual size ballot and shall be
published as required by this Section if distributed in 2 or
more newspapers published and having a general circulation in
the county as an insert. For each election prescribed in
Article 2A of this Code, specimen ballots shall be made
available for public distribution and shall be supplied to
the judges of election for posting in the polling place on
the day of election. Notice for the nonpartisan and
consolidated elections shall be given as provided in Article
12.
(Source: P.A. 89-394, eff. 1-1-97.)
(10 ILCS 5/Art. 24C heading new)
ARTICLE 24C. DIRECT RECORDING ELECTRONIC VOTING SYSTEMS
(10 ILCS 5/24C-1 new)
Sec. 24C-1. Purpose. The purpose of this Article is to
authorize the use of Direct Recording Electronic Voting
Systems approved by the State Board of Elections. In a
Direct Recording Electronic Voting System, voters cast votes
by means of a ballot display provided with mechanical or
electro-optical devices that can be activated by the voters
to mark their choices for the candidates of their preference
and for or against public questions. Such voting devices
shall be capable of instantaneously recording such votes,
storing such votes, producing a permanent paper record and
tabulating such votes at the precinct or at one or more
counting stations. This Article authorizes the use of Direct
Recording Electronic Voting Systems for in-precinct counting
applications and for in-person absentee voting in the office
of the election authority and in the offices of local
officials authorized by the election authority to conduct
such absentee voting. All other absentee ballots must be
counted at the office of the election authority.
(10 ILCS 5/24C-2 new)
Sec. 24C-2. Definitions. As used in this Article:
"Audit trail" or "audit capacity" means a continuous
trail of evidence linking individual transactions related to
the casting of a vote, the vote count and the summary record
of vote totals, but which shall not allow for the
identification of the voter. It shall permit verification of
the accuracy of the count and detection and correction of
problems and shall provide a record of each step taken in:
defining and producing ballots and generating related
software for specific elections; installing ballots and
software; testing system readiness; casting and tabulating
ballots; and producing images of votes cast and reports of
vote totals. The record shall incorporate system status and
error messages generated during election processing,
including a log of machine activities and routine and unusual
intervention by authorized and unauthorized individuals.
Also part of an audit trail is the documentation of such
items as ballots delivered and collected, administrative
procedures for system security, pre-election testing of
voting systems, and maintenance performed on voting
equipment. It also means that the voting system is capable
of producing and shall produce immediately after a ballot is
cast a permanent paper record of each ballot cast that shall
be available as an official record for any recount, redundant
count, or verification or retabulation of the vote count
conducted with respect to any election in which the voting
system is used.
"Ballot" means an electronic audio or video display or
any other medium, including paper, used to record a voter's
choices for the candidates of their preference and for or
against public questions.
"Ballot configuration" means the particular combination
of political subdivision or district ballots including, for
each political subdivision or district, the particular
combination of offices, candidate names and public questions
as it appears for each group of voters who may cast the same
ballot.
"Ballot image" means a corresponding representation in
electronic or paper form of the mark or vote position of a
ballot.
"Ballot label" or "ballot screen" means the display of
material containing the names of offices and candidates and
public questions to be voted on.
"Central counting" means the counting of ballots in one
or more locations selected by the election authority for the
processing or counting, or both, of ballots. A location for
central counting shall be within the territorial jurisdiction
of the election authority unless there is no suitable
tabulating equipment available within his territorial
jurisdiction. However, in any event a counting location
shall be within this State.
"Computer", "automatic tabulating equipment" or
"equipment" includes apparatus necessary to automatically
examine and count votes as designated on ballots, and data
processing machines which can be used for counting ballots
and tabulating results.
"Computer operator" means any person or persons
designated by the election authority to operate the automatic
tabulating equipment during any portion of the vote tallying
process in an election, but shall not include judges of
election operating vote tabulating equipment in the precinct.
"Computer program" or "program" means the set of
operating instructions for the automatic tabulating equipment
that examines, records, counts, tabulates, canvasses and
prints votes recorded by a voter on a ballot.
"Direct recording electronic voting system", "voting
system" or "system" means the total combination of
mechanical, electromechanical or electronic equipment,
programs and practices used to define ballots, cast and count
votes, report or display election results, maintain or
produce any audit trail information, identify all system
components, test the system during development, maintenance
and operation, maintain records of system errors and defects,
determine specific system changes to be made to a system
after initial qualification, and make available any materials
to the voter such as notices, instructions, forms or paper
ballots.
"Edit listing" means a computer generated listing of the
names of each candidate and public question as they appear in
the program for each precinct.
"In-precinct counting" means the recording and counting
of ballots on automatic tabulating equipment provided by the
election authority in the same precinct polling place in
which those ballots have been cast.
"Marking device" means any device approved by the State
Board of Elections for marking a ballot so as to enable the
ballot to be recorded, counted and tabulated by automatic
tabulating equipment.
"Permanent paper record" means a paper record upon which
shall be printed in human readable form the votes cast for
each candidate and for or against each public question on
each ballot recorded in the voting system. Each permanent
paper record shall be printed by the voting device upon
activation of the marking device by the voter and shall
contain a unique, randomly assigned identifying number that
shall correspond to the number randomly assigned by the
voting system to each ballot as it is electronically
recorded.
"Redundant count" means a verification of the original
computer count of ballots by another count using compatible
equipment or other means as part of a discovery recount,
including a count of the permanent paper record of each
ballot cast by using compatible equipment, different
equipment approved by the State Board of Elections for that
purpose, or by hand.
"Separate ballot" means a separate page or display screen
of the ballot that is clearly defined and distinguishable
from other portions of the ballot.
"Voting device" or "voting machine" means an apparatus
that contains the ballot label or ballot screen and allows
the voter to record his or her vote.
(10 ILCS 5/24C-3 new)
Sec. 24C-3. Adoption, experimentation or abandonment of
Direct Recording Electronic Voting System; Boundaries of
precincts; Notice. Except as otherwise provided in this
Section, any county board, board of county commissioners and
any board of election commissioners, with respect to
territory within its jurisdiction, may adopt, experiment
with, or abandon a Direct Recording Electronic Voting System
approved for use by the State Board of Elections and may use
such System in all or some of the precincts within its
jurisdiction, or in combination with paper ballots or other
voting systems. Any county board, board of county
commissioners or board of election commissioners may contract
for the tabulation of votes at a location outside its
territorial jurisdiction when there is no suitable tabulating
equipment available within its territorial jurisdiction. In
no case may a county board, board of county commissioners or
board of election commissioners contract or arrange for the
purchase, lease or loan of a Direct Recording Electronic
Voting System or System component without the approval of the
State Board of Elections as provided by Section 24C-16.
Before any Direct Recording Electronic Voting System is
introduced, adopted or used in any precinct or territory at
least 2 months public notice must be given before the date of
the first election where the System is to be used. The
election authority shall publish the notice at least once in
one or more newspapers published within the county or other
jurisdiction, where the election is held. If there is no
such newspaper, the notice shall be published in a newspaper
published in the county and having a general circulation
within such jurisdiction. The notice shall be substantially
as follows:
"Notice is hereby given that on ... (give date) ..., at
... (give place where election is held) ... in the county of
..., an election will be held for ... (give name of offices
to be filled) ... at which a Direct Recording Electronic
Voting System will be used."
Dated at ... this ... day of ... 20....?
This notice referred to shall be given only at the first
election at which the Direct Recording Electronic Voting
System is used.
(10 ILCS 5/24C-3.1 new)
Sec. 24C-3.1. Retention or consolidation or alteration of
existing precincts; Change of location. When a Direct
Recording Electronic Voting System is used, the county board
or board of election commissioners may retain existing
precincts or may consolidate, combine, alter, decrease or
enlarge the boundaries of the precincts to change the number
of registered voters of the precincts using the System,
establishing the number of registered voters within each
precinct at a number not to exceed 800 as the appropriate
county board or board of election commissioners determines
will afford adequate voting facilities and efficient and
economical elections.
Except in the event of a fire, flood or total loss of
heat in a place fixed or established pursuant to law by any
county board or board of election commissioners as a polling
place for an election, no election authority shall change the
location of a polling place established for any precinct
after notice of the place of holding the election for that
precinct has been given as required under Article 12 unless
the election authority notifies all registered voters in the
precinct of the change in location by first class mail in
sufficient time for the notice to be received by the
registered voters in the precinct at least one day prior to
the date of the election.
(10 ILCS 5/24C-4 new)
Sec. 24C-4. Use of Direct Recording Electronic Voting
System; Requisites; Applicable procedure. Direct Recording
Electronic Voting Systems may be used in elections provided
that such Systems are approved for use by the State Board of
Elections. So far as applicable, the procedure provided for
voting paper ballots shall apply when Direct Recording
Electronic Voting Systems are used. However, the provisions
of this Article 24C will govern when there are conflicts.
(10 ILCS 5/24C-5 new)
Sec. 24C-5. Voting Stations. In precincts where a Direct
Recording Electronic Voting System is used, a sufficient
number of voting stations shall be provided for the use of
the System according to the requirements determined by the
State Board of Elections. Each station shall be placed in a
manner so that no judge of election or pollwatcher is able to
observe a voter casting a ballot.
(10 ILCS 5/24C-5.1 new)
Sec. 24C-5.1. Instruction of Voters; Instruction Model;
Partiality to Political Party; Manner of Instruction. Before
entering the voting booth each voter shall be offered
instruction in using the Direct Recording Electronic Voting
System. In instructing voters, no precinct official may show
partiality to any political party or candidate. The duties
of instruction shall be discharged by a judge from each of
the political parties represented and they shall alternate
serving as instructor so that each judge shall serve a like
time at such duties. No instructions may be given inside a
voting booth after the voter has entered the voting booth.
No precinct official or person assisting a voter may in
any manner request, suggest, or seek to persuade or induce
any voter to cast his or her vote for any particular ticket,
candidate, amendment, question or proposition. All
instructions shall be given by precinct officials in a manner
that it may be observed by other persons in the polling
place.
(10 ILCS 5/24C-5.2 new)
Sec. 24C-5.2. Demonstration of Direct Recording
Electronic Voting System; Placement in Public Library. When
a Direct Recording Electronic Voting System is used in a
forthcoming election, the election authority may provide, for
the purpose of instructing voters in the election, one
demonstrator Direct Recording Electronic Voting System unit
for placement in any public library or in any other public or
private building within the political subdivision where the
election occurs. If the placement of a demonstrator takes
place it shall be made available at least 30 days before the
election.
(10 ILCS 5/24C-6 new)
Sec. 24C-6. Ballot Information; Arrangement; Direct
Recording Electronic Voting System; Absentee Ballots; Spoiled
Ballots. The ballot information, shall, as far as
practicable, be in the order of arrangement provided for
paper ballots, except that the information may be in vertical
or horizontal rows, or on a number of separate pages or
display screens.
Ballots for all public questions to be voted on should be
provided in a similar manner and must be arranged on the
ballot in the places provided for such purposes. All public
questions, including but not limited to public questions
calling for a constitutional convention, constitutional
amendment, or judicial retention, shall be placed on the
ballot separate and apart from candidates. Ballots for all
public questions shall be clearly designated by borders or
different color screens. More than one amendment to the
constitution may be placed on the same portion of the ballot
sheet. Constitutional convention or constitutional amendment
propositions shall be placed on a separate portion of the
ballot and designated by borders or unique color screens,
unless otherwise provided by administrative rule of the State
Board of Elections. More than one public question may be
placed on the same portion of the ballot. More than one
proposition for retention of judges in office may be placed
on the same portion of the ballot.
The party affiliation, if any, of each candidate or the
word "independent", where applicable, shall appear near or
under the candidate's name, and the names of candidates for
the same office shall be listed vertically under the title of
that office. In the case of nonpartisan elections for
officers of political subdivisions, unless the statute or an
ordinance adopted pursuant to Article VII of the Constitution
requires otherwise, the listing of nonpartisan candidates
shall not include any party or "independent" designation. In
primary elections, a separate ballot shall be used for each
political party holding a primary, with the ballot arranged
to include names of the candidates of the party and public
questions and other propositions to be voted upon on the day
of the primary election.
If the ballot includes both candidates for office and
public questions or propositions to be voted on, the election
official in charge of the election shall divide the ballot in
sections for "Candidates" and "Public Questions", or separate
ballots may be used.
Any voter who spoils his or her ballot, makes an error,
or has a ballot rejected by the automatic tabulating
equipment shall be provided a means of correcting the ballot
or obtaining a new ballot prior to casting his or her ballot.
Any election authority using a Direct Recording
Electronic Voting System may use voting systems approved for
use under Articles 24A or 24B of this Code in conducting
absentee voting in the office of the election authority or
voted by mail.
(10 ILCS 5/24C-6.1 new)
Sec. 24C-6.1. Security Designation. In all elections
conducted under this Article, ballots shall have a security
designation. In precincts where more than one ballot
configuration may be voted upon, ballots shall have a
different security designation for each ballot configuration.
If a precinct has only one possible ballot configuration, the
ballots must have a security designation to identify the
precinct and the election. Where ballots from more than one
precinct are being tabulated, the ballots from each precinct
must be clearly identified; official results shall not be
generated unless the precinct identification for any precinct
corresponds. When the tabulating equipment being used
requires entering the program immediately before tabulating
the ballots for each precinct, the precinct program may be
used. The Direct Recording Electronic Voting System shall be
designed to ensure that the proper ballot is selected for
each polling place and for each ballot configuration and that
the format can be matched to the software or firmware
required to interpret it correctly. The system shall provide
a means of programming each piece of equipment to reflect the
ballot requirements of the election and shall include a means
for validating the correctness of the program and of the
program's installation in the equipment or in a programmable
memory device.
(10 ILCS 5/24C-7 new)
Sec. 24C-7. Write-In Ballots. A Direct Recording
Electronic Voting System shall provide an acceptable method
for a voter to vote for a person whose name does not appear
on the ballot using the same apparatus used to record votes
for candidates whose names do appear on the ballot. Election
authorities utilizing Direct Recording Electronic Voting
Systems shall not use separate write-in ballots.
Below the name of the last candidate listed for an office
shall be a space or spaces in which the name of a candidate
or candidates may be written in or recorded by the voter. The
number of write-in lines for an office shall equal the number
of candidates for which a voter may vote.
(10 ILCS 5/24C-8 new)
Sec. 24C-8. Preparation for Use; Comparison of Ballots;
Operational Checks of Direct Recording Electronic Voting
Systems Equipment; Pollwatchers. The county clerk or board
of election commissioners shall cause the approved Direct
Recording Electronic Voting System equipment to be delivered
to the polling places. Before the opening of the polls, all
Direct Recording Voting System devices shall provide a
printed record of the following, upon verification of the
authenticity of the commands by a judge of election: the
election's identification data, the equipment's unit
identification, the ballot's format identification, the
contents of each active candidate register by office and of
each active public question register showing that they
contain all zeros, all ballot fields that can be used to
invoke special voting options, and other information needed
to ensure the readiness of the equipment, and to accommodate
administrative reporting requirements.
The Direct Recording Electronic Voting System shall
provide a means of opening the polling place and readying the
equipment for the casting of ballots. Such means shall
incorporate a security seal, a password, or a data code
recognition capability to prevent inadvertent or unauthorized
actuation of the poll-opening function. If more than one
step is required, it shall enforce their execution in the
proper sequence.
Pollwatchers as provided by law shall be permitted to
closely observe the judges in these procedures and to
periodically inspect the Direct Recording Electronic Voting
System equipment when not in use by the voters.
(10 ILCS 5/24C-9 new)
Sec. 24C-9. Testing of Direct Recording Electronic Voting
System Equipment and Programs; Custody of Programs, Test
Materials and Ballots. Prior to the public test, the
election authority shall conduct an errorless pre-test of the
Direct Recording Electronic Voting System equipment and
programs to determine that they will correctly detect voting
defects and count the votes cast for all offices and all
public questions. On any day not less than 5 days prior to
the election day, the election authority shall publicly test
the Direct Recording Electronic Voting System equipment and
programs to determine that they will correctly detect voting
errors and accurately count the votes legally cast for all
offices and on all public questions. Public notice of the
time and place of the test shall be given at least 48 hours
before the test by publishing the notice in one or more
newspapers within the election jurisdiction of the election
authority, if a newspaper is published in that jurisdiction.
If a newspaper is not published in that jurisdiction, notice
shall be published in a newspaper of general circulation in
that jurisdiction. Timely written notice stating the date,
time, and location of the public test shall also be provided
to the State Board of Elections. The test shall be open to
representatives of the political parties, the press,
representatives of the State Board of Elections, and the
public. The test shall be conducted by entering a pre-
audited group of votes designed 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 having votes exceeding the number allowed by law to
test the ability of the automatic tabulating equipment to
reject the votes. The test shall also include producing an
edit listing. In those election jurisdictions where
in-precinct counting equipment is used, a public test of both
the equipment and program shall be conducted as nearly as
possible in the manner prescribed above. The State Board of
Elections may select as many election jurisdictions as the
Board deems advisable in the interests of the election
process of this State, to order a special test of the
automatic tabulating equipment and program before any regular
election. The Board may order a special test in any election
jurisdiction where, during the preceding 12 months, computer
programming errors or other errors in the use of System
resulted in vote tabulation errors. Not less than 30 days
before any election, the State Board of Elections shall
provide written notice to those selected jurisdictions of
their intent to conduct a test. Within 5 days of receipt of
the State Board of Elections' written notice of intent to
conduct a test, the selected jurisdictions shall forward to
the principal office of the State Board of Elections a copy
of all specimen ballots. The State Board of Elections' tests
shall be conducted and completed not less than 2 days before
the public test utilizing testing materials supplied by the
Board and under the supervision of the Board, and the Board
shall reimburse the election authority for the reasonable
cost of computer time required to conduct the special test.
After an errorless test, materials used in the public test,
including the program, if appropriate, shall be sealed and
remain sealed until the test is run again on election day.
If any error is detected, the cause of the error shall be
determined and corrected, and an errorless public test shall
be made before the automatic tabulating equipment is
approved. Each election authority shall file a sealed copy
of each tested program to be used within its jurisdiction at
an election with the State Board of Elections before the
election. The Board shall secure the program or programs of
each election jurisdiction so filed in its office for the 60
days following the canvass and proclamation of election
results. At the expiration of that time, if no election
contest or appeal is pending in an election jurisdiction, the
Board shall return the sealed program or programs to the
election authority of the jurisdiction. Except where
in-precinct counting equipment is used, the test shall be
repeated immediately before the start of the official
counting of the ballots, in the same manner as set forth
above. After the completion of the count, the test shall be
re-run using the same program. Immediately after the re-run,
all material used in testing the program and the programs
shall be sealed and retained under the custody of the
election authority for a period of 60 days. At the
expiration of that time the election authority shall destroy
the voted ballots, together with all unused ballots returned
from the precincts. Provided, if any contest of election is
pending at the time in which the ballots may be required as
evidence and the election authority has notice of the
contest, the same shall not be destroyed until after the
contest is finally determined. If the use of back-up
equipment becomes necessary, the same testing required for
the original equipment shall be conducted.
(10 ILCS 5/24C-10 new)
Sec. 24C-10. Recording of votes by Direct Recording
Electronic Voting Systems.
Whenever a Direct Recording Electronic Voting System is
used to automatically record and count the votes on ballots,
the provisions of this Section shall apply. A voter shall
cast a proper vote on a ballot by marking the designated area
for the casting of a vote for any party or candidate or for
or against any public question. For this purpose, a mark is
an intentional selection of the designated area on the ballot
by appropriate means and which is not otherwise an
identifying mark.
(10 ILCS 5/24C-11 new)
Sec. 24C-11. Functional requirements.
A Direct Recording Electronic Voting System shall, in
addition to satisfying the other requirements of this
Article, fulfill the following functional requirements:
(a) Provide a voter in a primary election with the means
of casting a ballot containing votes for any and all
candidates of the party or parties of his or her choice, and
for any and all non-partisan candidates and public questions
and preclude the voter from voting for any candidate of any
other political party except when legally permitted. In a
general election, the system shall provide the voter with
means of selecting the appropriate number of candidates for
any office, and of voting on any public question on the
ballot to which he or she is entitled to vote.
(b) If a voter is not entitled to vote for particular
candidates or public questions appearing on the ballot, the
system shall prevent the selection of the prohibited votes.
(c) Once the proper ballot has been selected, the system
devices shall provide a means of enabling the recording of
votes and the casting of said ballot.
(d) System voting devices shall provide voting choices
that are clear to the voter and labels indicating the names
of every candidate and the text of every public question on
the voter's ballot. Each label shall identify the selection
button or switch, or the active area of the ballot associated
with it. The system shall be able to incorporate minimal,
easy-to-follow on-screen instruction for the voter on how to
cast a ballot.
(e) Voting devices shall (i) enable the voter to vote
for any and all candidates and public questions appearing on
the ballot for which the voter is lawfully entitled to vote,
in any legal number and combination; (ii) detect and reject
all votes for an office or upon a public question when the
voter has cast more votes for the office or upon the public
question than the voter is entitled to cast; (iii) notify the
voter if the voter's choices as recorded on the ballot for an
office or public question are fewer than or exceed the number
that the voter is entitled to vote for on that office or
public question and the effect of casting more votes than
legally permitted; (iv) notify the voter if the voter has
failed to completely cast a vote for an office or public
question appearing on the ballot; and (v) permit the voter,
in a private and independent manner, to verify the votes
selected by the voter, to change the ballot or to correct any
error on the ballot before the ballot is completely cast and
counted. A means shall be provided to indicate each
selection after it has been made or canceled.
(f) System voting devices shall provide a means for the
voter to signify that the selection of candidates and public
questions has been completed. Upon activation, the system
shall record an image of the completed ballot, increment the
proper ballot position registers, and shall signify to the
voter that the ballot has been cast. The system shall then
prevent any further attempt to vote until it has been reset
or re-enabled by a judge of election.
(g) Each system voting device shall be equipped with a
public counter that can be set to zero prior to the opening
of the polling place, and that records the number of ballots
cast at a particular election. The counter shall be
incremented only by the casting of a ballot. The counter
shall be designed to prevent disabling or resetting by other
than authorized persons after the polls close. The counter
shall be visible to all judges of election so long as the
device is installed at the polling place.
(h) Each system voting device shall be equipped with a
protective counter that records all of the testing and
election ballots cast since the unit was built. This counter
shall be designed so that its reading cannot be changed by
any cause other than the casting of a ballot. The protective
counter shall be incapable of ever being reset and it shall
be visible at all times when the device is configured for
testing, maintenance, or election use.
(i) All system devices shall provide a means of
preventing further voting once the polling place has closed
and after all eligible voters have voted. Such means of
control shall incorporate a visible indication of system
status. Each device shall prevent any unauthorized use,
prevent tampering with ballot labels and preclude its
re-opening once the poll closing has been completed for that
election.
(j) The system shall produce a printed summary report of
the votes cast upon each voting device. Until the proper
sequence of events associated with closing the polling place
has been completed, the system shall not allow the printing
of a report or the extraction of data. The printed report
shall also contain all system audit information to be
required by the election authority. Data shall not be
altered or otherwise destroyed by report generation and the
system shall ensure the integrity and security of data for a
period of at least 6 months after the polls close.
(k) If more than one voting device is used in a polling
place, the system shall provide a means to manually or
electronically consolidate the data from all such units into
a single report even if different voting systems are used to
record absentee ballots. The system shall also be capable of
merging the vote tabulation results produced by other vote
tabulation systems, if necessary.
(l) System functions shall be implemented such that
unauthorized access to them is prevented and the execution of
authorized functions in an improper sequence is precluded.
System functions shall be executable only in the intended
manner and order, and only under the intended conditions. If
the preconditions to a system function have not been met, the
function shall be precluded from executing by the system's
control logic.
(m) All system voting devices shall incorporate at least
3 memories in the machine itself and in its programmable
memory devices.
(n) The system shall include capabilities of recording
and reporting the date and time of normal and abnormal events
and of maintaining a permanent record of audit information
that cannot be turned off. Provisions shall be made to
detect and record significant events (e.g., casting a ballot,
error conditions that cannot be disposed of by the system
itself, time-dependent or programmed events that occur
without the intervention of the voter or a judge of
election).
(o) The system and each system voting device must be
capable of creating, printing and maintaining a permanent
paper record and an electronic image of each ballot that is
cast such that records of individual ballots are maintained
by a subsystem independent and distinct from the main vote
detection, interpretation, processing and reporting path.
The electronic images of each ballot must protect the
integrity of the data and the anonymity of each voter, for
example, by means of storage location scrambling. The ballot
image records may be either machine-readable or manually
transcribed, or both, at the discretion of the election
authority.
(p) The system shall include built-in test, measurement
and diagnostic software and hardware for detecting and
reporting the system's status and degree of operability.
(q) The system shall contain provisions for maintaining
the integrity of memory voting and audit data during an
election and for a period of at least 6 months thereafter and
shall provide the means for creating an audit trail.
(r) The system shall be fully accessible so as to permit
blind or visually impaired voters as well as physically
disabled voters to exercise their right to vote in private
and without assistance.
(s) The system shall provide alternative language
accessibility if required pursuant to Section 203 of the
Voting Rights Act of 1965.
(t) Each voting device shall enable a voter to vote for
a person whose name does not appear on the ballot.
(u) The system shall record and count accurately each
vote properly cast for or against any candidate and for or
against any public question, including the names of all
candidates whose names are written in by the voters.
(v) The system shall allow for accepting provisional
ballots and for separating such provisional ballots from
precinct totals until authorized by the election authority.
(w) The system shall provide an effective audit trail as
defined in Section 24C-2 in this Code.
(x) The system shall be suitably designed for the
purpose used, be durably constructed, and be designed for
safety, accuracy and efficiency.
(y) The system shall comply with all provisions of
federal, State and local election laws and regulations and
any future modifications to those laws and regulations.
(10 ILCS 5/24C-12 new)
Sec. 24C-12. Procedures for Counting and Tallying of
Ballots.
In an election jurisdiction where a Direct Recording
Electronic Voting System is used, the following procedures
for counting and tallying the ballots shall apply:
Before the opening of the polls, the judges of elections
shall assemble the voting equipment and devices and turn the
equipment on. The judges shall, if necessary, take steps to
activate the voting devices and counting equipment by
inserting into the equipment and voting devices appropriate
data cards containing passwords and data codes that will
select the proper ballot formats selected for that polling
place and that will prevent inadvertent or unauthorized
activation of the poll-opening function. Before voting
begins and before ballots are entered into the voting
devices, the judges of election shall cause to be printed a
record of the following: the election's identification data,
the device's unit identification, the ballot's format
identification, the contents of each active candidate
register by office and of each active public question
register showing that they contain all zero votes, all ballot
fields that can be used to invoke special voting options, and
other information needed to ensure the readiness of the
equipment and to accommodate administrative reporting
requirements. The judges must also check to be sure that the
totals are all zeros in the counting columns and in the
public counter affixed to the voting devices.
After the judges have determined that a person is
qualified to vote, a voting device with the proper ballot to
which the voter is entitled shall be enabled to be used by
the voter. The ballot may then be cast by the voter by
marking by appropriate means the designated area of the
ballot for the casting of a vote for any candidate or for or
against any public question. The voter shall be able to vote
for any and all candidates and public measures appearing on
the ballot in any legal number and combination and the voter
shall be able to delete, change or correct his or her
selections before the ballot is cast. The voter shall be
able to select candidates whose names do not appear upon the
ballot for any office by entering electronically as many
names of candidates as the voter is entitled to select for
each office.
Upon completing his or her selection of candidates or
public questions, the voter shall signify that voting has
been completed by activating the appropriate button, switch
or active area of the ballot screen associated with end of
voting. Upon activation, the voting system shall record an
image of the completed ballot, increment the proper ballot
position registers, and shall signify to the voter that the
ballot has been cast. Upon activation, the voting system
shall also print a permanent paper record of each ballot cast
as defined in Section 24C-2 of this Code. This permanent
paper record shall either be self-contained within the voting
device or shall be deposited by the voter into a secure
ballot box. No permanent paper record shall be removed from
the polling place except by election officials as authorized
by this Article. All permanent paper records shall be
preserved and secured by election officials in the same
manner as paper ballots and shall be available as an official
record for any recount, redundant count, or verification or
retabulation of the vote count conducted with respect to any
election in which the voting system is used. The voter
shall exit the voting station and the voting system shall
prevent any further attempt to vote until it has been
properly re-activated. If a voting device has been enabled
for voting but the voter leaves the polling place without
casting a ballot, 2 judges of election, one from each of the
2 major political parties, shall spoil the ballot.
Throughout the election day and before the closing of the
polls, no person may check any vote totals for any candidate
or public question on the voting or counting equipment. Such
equipment shall be programmed so that no person may reset the
equipment for reentry of ballots unless provided the proper
code from an authorized representative of the election
authority.
The precinct judges of election shall check the public
register to determine whether the number of ballots counted
by the voting equipment agrees with the number of voters
voting as shown by the applications for ballot. If the same
do not agree, the judges of election shall immediately
contact the offices of the election authority in charge of
the election for further instructions. If the number of
ballots counted by the voting equipment agrees with the
number of voters voting as shown by the application for
ballot, the number shall be listed on the "Statement of
Ballots" form provided by the election authority.
The totals for all candidates and propositions shall be
tabulated; and 4 copies of a "Certificate of Results" shall
be printed by the automatic tabulating equipment; one copy
shall be posted in a conspicuous place inside the polling
place; and every effort shall be made by the judges of
election to provide a copy for each authorized pollwatcher or
other official authorized to be present in the polling place
to observe the counting of ballots; but in no case shall the
number of copies to be made available to pollwatchers be
fewer than 4, chosen by lot by the judges of election. In
addition, sufficient time shall be provided by the judges of
election to the pollwatchers to allow them to copy
information from the copy which has been posted.
If instructed by the election authority, the judges of
election shall cause the tabulated returns to be transmitted
electronically to the offices of the election authority via
modem or other electronic medium.
The precinct judges of election shall select a
bi-partisan team of 2 judges, who shall immediately return
the ballots in a sealed container, along with all other
election materials and equipment as instructed by the
election authority; provided, however, that such container
must first be sealed by the election judges with filament
tape or other approved sealing devices provided for the
purpose in a manner that the ballots cannot be removed from
the container without breaking the seal or filament tape and
disturbing any signatures affixed by the election judges to
the container. The election authority shall keep the office
of the election authority, or any receiving stations
designated by the authority, open for at least 12 consecutive
hours after the polls close or until the ballots and election
material and equipment from all precincts within the
jurisdiction of the election authority have been returned to
the election authority. Ballots and election materials and
equipment returned to the office of the election authority
which are not signed and sealed as required by law shall not
be accepted by the election authority until the judges
returning the ballots make and sign the necessary
corrections. Upon acceptance of the ballots and election
materials and equipment by the election authority, the judges
returning the ballots shall take a receipt signed by the
election authority and stamped with the time and date of the
return. The election judges whose duty it is to return any
ballots and election materials and equipment as provided
shall, in the event the ballots, materials or equipment
cannot be found when needed, on proper request, produce the
receipt which they are to take as above provided.
(10 ILCS 5/24C-13 new)
Sec. 24C-13. Absentee 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 absentee voting except that Direct Recording
Electronic Voting Systems may be used for in-person absentee
voting conducted pursuant to Section 19-2.1 of this Code.
All absentee ballots shall be counted at the office 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.
Absentee ballots other than absentee ballots voted in person
pursuant to Section 19-2.1 of this Code shall be examined and
processed pursuant to Sections 19-9 and 20-9 of this Code.
Vote results shall be recorded by precinct and shall be added
to the vote results for the precinct in which the absent
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 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 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.
(10 ILCS 5/24C-14 new)
Sec. 24C-14. Tabulating Votes; Direction; Presence of
Public; Computer Operator's Log and Canvass. The procedure
for tabulating the votes by the Direct Recording Electronic
Voting System shall be under the direction of the election
authority and shall conform to the requirements of the Direct
Recording Electronic Voting System. During any
election-related activity using the automatic Direct
Recording Electronic Voting System equipment, the election
authority shall make a reasonable effort to dedicate the
equipment to vote processing to ensure the security and
integrity of the system.
A reasonable number of pollwatchers shall be admitted to
the counting location. Such persons may observe the
tabulating process at the discretion of the election
authority; however, at least one representative of each
established political party and authorized agents of the
State Board of Elections shall be permitted to observe this
process at all times. No persons except those employed and
authorized for the purpose shall touch any ballot, ballot
box, return, or equipment.
The computer operator shall be designated by the election
authority and shall be sworn as a deputy of the election
authority. In conducting the vote tabulation and canvass,
the computer operator must maintain a log which shall include
the following information:
(a) alterations made to programs associated with the
vote counting process;
(b) if applicable, console messages relating to the
program and the respective responses made by the
operator;
(c) the starting time for each precinct counted, the
number of ballots counted for each precinct, any
equipment problems and, insofar as practicable, the
number of invalid security designations encountered
during that count; and
(d) changes and repairs made to the equipment during
the vote tabulation and canvass.
The computer operator's log and canvass shall be
available for public inspection in the office of the election
authority for a period of 60 days following the proclamation
of election results. A copy of the computer operator's log
and the canvass shall be transmitted to the State Board of
Elections upon its request and at its expense.
(10 ILCS 5/24C-15 new)
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 absentee 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 in the polling place 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 1% of the precincts
within the election jurisdiction. The precincts to be tested
shall be selected after election day on a random basis by the
election authority, so that every precinct 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 that are to be tested, and the election authority
shall be required to use that method. The State Board of
Elections, the State's Attorney and other appropriate law
enforcement agencies, the county chairman of each established
political party and qualified civic organizations 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
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.
(10 ILCS 5/24C-15.01 new)
Sec. 24C-15.01. Transporting Ballots to Central Counting
Station; Container. Upon completion of the tabulation, audit
or test of voting equipment pursuant to Sections 24C-11
through 24C-15, the ballots and the medium containing the
ballots from each precinct shall be replaced in the container
in which they were transported to the central counting
station. If the container is not a type which may be
securely locked, then each container, before being
transferred from the counting station to storage, shall be
securely sealed.
(10 ILCS 5/24C-15.1 new)
Sec. 24C-15.1. Discovery, Recounts and Election Contests.
Except as provided, discovery recounts and election contests
shall be conducted as otherwise provided for in this Code.
The Direct Recording Electronic Voting System equipment shall
be tested prior to the discovery recount or election contest
as provided in Section 24C-9, and then the official ballots
shall be audited.
Any person who has filed a petition for discovery recount
may request that a redundant count be conducted in those
precincts in which the discovery recount is being conducted.
The additional costs of a redundant count shall be borne by
the requesting party.
The log of the computer operator and all materials
retained by the election authority in relation to vote
tabulation and canvass shall be made available for any
discovery recount or election contest.
(10 ILCS 5/24C-16 new)
Sec. 24C-16. Approval of Direct Recording Electronic
Voting Systems; Requisites. The State Board of Elections
shall approve all Direct Recording Electronic Voting Systems
that fulfill the functional requirements provided by Section
24C-11 of this Code, the mandatory requirements of the
federal voting system standards pertaining to Direct
Recording Electronic Voting Systems promulgated by the
Federal Election Commission or the Election Assistance
Commission, the testing requirements of an approved
independent testing authority and the rules of the State
Board of Elections.
The State Board of Elections is authorized to withdraw
its approval of a Direct Recording Electronic Voting System
if the System, once approved, fails to fulfill the above
requirements.
No vendor, person or other entity may sell, lease or loan
a Direct Recording Electronic Voting System or system
component to any election jurisdiction unless the system or
system component is first approved by the State Board of
Elections pursuant to this Section.
(10 ILCS 5/24C-17 new)
Sec. 24C-17. Rules; Number of Voting Stations. The State
Board of Elections may make reasonable rules for the
administration of this Article and may prescribe the number
of voting stations required for the various types of voting
systems.
(10 ILCS 5/24C-18 new)
Sec. 24C-18. Specimen Ballots; Publication. When a
Direct Recording Electronic Voting System is used, the
election authority shall cause to be published, at least 5
days before the day of each general and general primary
election, in 2 or more newspapers published in and having a
general circulation in the county, a true and legible copy of
the specimen ballot containing the names of offices and
candidates and public questions to be voted on, as near as
may be, in the form in which they will appear on the official
ballot on election day. A true legible copy may be in the
form of an actual size ballot and shall be published as
required by this Section if distributed in 2 or more
newspapers published and having a general circulation in the
county as an insert. For each election prescribed in Article
2A of this Code, specimen ballots shall be made available for
public distribution and shall be supplied to the judges of
election for posting in the polling place on the day of
election. Notice for the consolidated elections shall be
given as provided in Article 12.
(10 ILCS 5/24C-19 new)
Sec. 24C-19. Additional Method of Voting. The foregoing
Sections of this Article shall be deemed to provide a method
of voting in addition to the methods otherwise provided in
this Code.
Section 10. The State Finance Act is amended by adding
Section 5.595 as follows:
(30 ILCS 105/5.595 new)
Sec. 5.595. The Help Illinois Vote Fund.
Section 15. The Property Tax Code is amended by changing
Section 5-5 as follows:
(35 ILCS 200/5-5)
Sec. 5-5. Election of commissioners of board of review;
counties of 3,000,000 or more.
(a) In counties with 3,000,000 or more inhabitants, on
the first Tuesday after the first Monday in November 1994, 2
commissioners of the board of appeals shall be elected to
hold office from the first Monday in December following their
election and until the first Monday in December 1998. In case
of any vacancy, the chief judge of the circuit court or any
judge of that circuit designated by the chief judge shall
fill the vacancy by appointment. The commissioners shall be
electors in the particular county at the time of their
election or appointment and shall hold no other lucrative
public office or public employment. Each commissioner shall
receive compensation fixed by the county board, which shall
be paid out of the county treasury and which shall not be
changed during the term for which any commissioner is elected
or appointed. Effective the first Monday in December 1998,
the board of appeals is abolished.
The board of appeals shall maintain sufficient
evidentiary records to support all decisions made by the
board of appeals. All records, data, sales/ratio studies,
and other information necessary for the board of review
elected under subsection (c) to perform its functions and
duties shall be transferred by the board of appeals to the
board of review on the first Monday in December 1998.
(b) (Blank).
(c) In each county with 3,000,000 or more inhabitants,
there is created a board of review. The board of review shall
consist of 3 commissioners, one elected from each election
district in the county at the general election in 1998 to
hold office for a term beginning on the first Monday in
December following their election and until their respective
successors are elected and qualified.
No later than June 1, 1996, the General Assembly shall
establish the boundaries for the 3 election districts in each
county with 3,000,000 or more inhabitants. The election
districts shall be compact, contiguous, and have
substantially the same population based on the 1990 federal
decennial census. One district shall be designated as the
first election district, one as the second election district,
and one as the third election district. The commissioner from
each district shall be elected to a term of 4 years.
In the year following each federal decennial census, the
General Assembly shall reapportion the election districts to
reflect the results of the census. The reapportioned
districts shall be compact, contiguous, and contain
substantially the same population. The commissioner from the
first district shall be elected to terms of 4 years, 4 years,
and 2 years. The commissioner from the second district shall
be elected to terms of 4 years, 2 years, and 4 years. The
commissioner from the third district shall be elected to
terms of 2 years, 4 years, and 4 years.
In case of vacancy, the chief judge of the circuit court
or any judge of the circuit court designated by the chief
judge shall fill the vacancy by appointment of a person from
the same political party. If the vacancy is filled with more
than 28 months remaining in the term, the appointed
commissioner shall serve until the next general election, at
which time a commissioner shall be elected to serve for the
remainder of the term. If a vacancy is filled with 28 months
or less remaining in the term, the appointment shall be for
the remainder of the term. No commissioner may be elected or
appointed to the board of review unless he or she has resided
in the election district he or she seeks to represent for at
least 2 years before the date of the election or appointment.
In the election following each federal decennial census and
board of review redistricting, a candidate for commissioner
may be elected from any election district that contains a
part of the election district in which he or she resided at
the time of the redistricting and re-elected if a resident of
the new district he or she represents for 18 months prior to
re-election. The commissioners shall be electors within
their respective election district at the time of their
election or appointment and shall hold no other lucrative
public office or public employment.
Each commissioner shall receive compensation fixed by the
county board, which shall be paid from the county treasury.
Compensation for each commissioner shall be equitable and
shall not be changed during the term for which that
commissioner is elected or appointed. The county shall
provide suitable office space for the board of review.
For the year beginning on the first Monday in December
1998 and ending the first Monday in December 1999, and every
fourth year thereafter, the chair of the board shall be the
commissioner elected from the first district. For the year
beginning the first Monday in December 1999 and ending the
first Monday in December 2000, and every fourth year
thereafter, the chair of the board shall be the commissioner
elected from the second district. For the year beginning the
first Monday in December 2000 and ending the first Monday in
December 2001, and every fourth year thereafter, the chair
shall be the commissioner elected from the third district.
For the year beginning the first Monday in December 2001 and
ending the first Monday in December 2002, and every fourth
year thereafter, the chair of the board shall be determined
by lot.
On and after the first Monday in December, 1998, any
reference in this Code to a board of appeals shall mean the
board of review created under this subsection, and any
reference to a member of a board of review shall mean a
commissioner of a board of review. Whenever it may be
necessary for purposes of determining its jurisdiction, the
board of review shall be deemed to succeed to the powers and
duties of the former board of appeals; provided that the
board of review shall also have all of the powers and duties
granted to it under this Code. All action of the board of
review shall be by a majority vote of its commissioners.
(Source: P.A. 91-393, eff. 7-30-99; 91-425, eff. 8-6-99.)
Section 20. The School Code is amended by changing
Section 22-21 as follows:
(105 ILCS 5/22-21) (from Ch. 122, par. 22-21)
Sec. 22-21. Elections-Use of school buildings.
(a) Every school board shall offer to the appropriate
officer or board having responsibility for providing polling
places for elections the use of any and all buildings under
its jurisdiction for any and all elections to be held, if so
requested by such appropriate officer or board.
(b) Election officers shall place 2 or more cones, small
United States national flags, or some other marker a distance
of 100 horizontal feet from each entrance to the room used by
voters to engage in voting, which shall be known as the
polling room. If the polling room is located within a
building that is a public or private school and the distance
of 100 horizontal feet ends within the interior of the
building, then the markers shall be placed outside of the
building at each entrance used by voters to enter that
building on the grounds adjacent to the thoroughfare or
walkway. If the polling room is located within a public or
private school building with 2 or more floors and the polling
room is located on the ground floor, then the markers shall
be placed 100 horizontal feet from each entrance to the
polling room used by voters to engage in voting. If the
polling room is located in a public or private school
building with 2 or more floors and the polling room is
located on a floor above or below the ground floor, then the
markers shall be placed a distance of 100 feet from the
nearest elevator or staircase used by voters on the ground
floor to access the floor where the polling room is located.
The area within where the markers are placed shall be known
as a campaign free zone, and electioneering is prohibited
pursuant to this subsection.
Notwithstanding any other provision of this Code, the
area on polling place property beyond the campaign free zone,
whether publicly or privately owned, is a public forum for
the time that the polls are open on an election day. At the
request of election officers any publicly owned building must
be made available for use as a polling place. A person shall
have the right to congregate and engage in electioneering on
any polling place property while the polls are open beyond
the campaign free zone, including but not limited to, the
placement of temporary signs. This subsection shall be
construed liberally in favor of persons engaging in
electioneering on all polling place property beyond the
campaign free zone for the time that the polls are open on an
election day.
(Source: Laws 1965, p. 2477.).
(10 ILCS 5/28-6) (from Ch. 46, par. 28-6)
Sec. 28-6. Petitions; filing.
(a) On a written petition signed by a number of voters
equal to at least 8% of the votes cast for candidates for
Governor in the preceding gubernatorial election by 10% of
the registered voters of the any municipality, township,
county or school district it shall be the duty of the proper
election officers to submit any question of public policy so
petitioned for, to the electors of such political subdivision
at any regular election named in the petition at which an
election is scheduled to be held throughout such political
subdivision under Article 2A. Such petitions shall be filed
with the local election official of the political subdivision
or election authority, as the case may be. Where such a
question is to be submitted to the voters of a municipality
which has adopted Article 6, or a township or school district
located entirely within the jurisdiction of a municipal board
of election commissioners, such petitions shall be filed with
the board of election commissioners having jurisdiction over
the political subdivision.
(b) In a municipality with more than 1,000,000
inhabitants, when a question of public policy exclusively
concerning a contiguous territory included entirely within
but not coextensive with the municipality is initiated by
resolution or ordinance of the corporate authorities of the
municipality, or by a petition which may be signed by
registered voters who reside in any part of any precinct all
or part of which includes all or part of the territory and
who equal in number at least 8% of the total votes cast for
candidates for Governor in the preceding gubernatorial
election by 10% of the total number of registered voters of
the precinct or precincts the registered voters of which are
eligible to sign the petition, it shall be the duty of the
election authority having jurisdiction over such municipality
to submit such question to the electors throughout each
precinct all or part of which includes all or part of the
territory at the regular election specified in the
resolution, ordinance or petition initiating the public
question. A petition initiating a public question described
in this subsection shall be filed with the election authority
having jurisdiction over the municipality. A resolution,
ordinance or petition initiating a public question described
in this subsection shall specify the election at which the
question is to be submitted.
(c) Local questions of public policy authorized by this
Section and statewide questions of public policy authorized
by Section 28-9 shall be advisory public questions, and no
legal effects shall result from the adoption or rejection of
such propositions.
(d) This Section does not apply to a petition filed
pursuant to Article IX of the Liquor Control Act of 1934.
(Source: P.A. 84-1467.)
(10 ILCS 5/28-9) (from Ch. 46, par. 28-9)
Sec. 28-9. Petitions for proposed amendments to Article
IV of the Constitution pursuant to Section 3, Article XIV of
the Constitution shall be signed by a number of electors
equal in number to at least 8% of the total votes cast for
candidates for Governor in the preceding gubernatorial
election. Such petition shall have been signed by the
petitioning electors not more than 24 months preceding the
general election at which the proposed amendment is to be
submitted and shall be filed with the Secretary of State at
least 6 months before that general election.
Upon receipt of a petition for a proposed Constitutional
amendment, the Secretary of State shall, as soon as is
practicable, but no later than the close of the next business
day, deliver such petition to the State Board of Elections.
Petitions for advisory questions of public policy to be
submitted to the voters of the entire State shall be signed
by a number of voters equal in number to 8% of the total
votes cast for candidates for Governor in the preceding
gubernatorial election at least 10% of the registered voters
in the State. Such petition shall have been signed by said
petitioners not more than 24 months preceding the date of the
general election at which the question is to be submitted and
shall be filed with the State Board of Elections at least 6
months before that general election.
The proponents of the proposed Constitutional amendment
or statewide advisory public question shall file the original
petition in bound election jurisdiction sections. Each
section shall be composed of consecutively numbered petition
sheets containing only the signatures of registered voters of
a single election jurisdiction and, at the top of each
petition sheet, the name of the election jurisdiction shall
be typed or printed in block letters; provided that, if the
name of the election jurisdiction is not so printed, the
election jurisdiction of the circulator of that petition
sheet shall be controlling with respect to the signatures on
that sheet. Any petition sheets not consecutively numbered or
which contain duplicate page numbers already used on other
sheets, or are photocopies or duplicates of the original
sheets, shall not be considered part of the petition for the
purpose of the random sampling verification and shall not be
counted toward the minimum number of signatures required to
qualify the proposed constitutional amendment or statewide
advisory public question for the ballot.
Within 7 business days following the last day for filing
the original petition, the proponents shall also file copies
of the sectioned election jurisdiction petition sheets with
each proper election authority and obtain a receipt therefor.
For purposes of this Act, the following terms shall be
defined and construed as follows:
1. "Board" means the State Board of Elections.
2. "Election Authority" means a county clerk or city or
county board of election commissioners.
3. "Election Jurisdiction" means (a) an entire county,
in the case of a county in which no city board of election
commissioners is located or which is under the jurisdiction
of a county board of election commissioners; (b) the
territorial jurisdiction of a city board of election
commissioners; and (c) the territory in a county outside of
the jurisdiction of a city board of election commissioners.
In each instance election jurisdiction shall be determined
according to which election authority maintains the permanent
registration records of qualified electors.
4. "Proponents" means any person, association,
committee, organization or other group, or their designated
representatives, who advocate and cause the circulation and
filing of petitions for a statewide advisory question of
public policy or a proposed constitutional amendment for
submission at a general election and who has registered with
the Board as provided in this Act.
5. "Opponents" means any person, association, committee,
organization or other group, or their designated
representatives, who oppose a statewide advisory question of
public policy or a proposed constitutional amendment for
submission at a general election and who have registered with
the Board as provided in this Act.
(Source: P.A. 87-1052.)
Section 10. The Counties Code is amended by adding
Section 5-1005.5 as follows:
(55 ILCS 5/5-1005.5 new)
Sec. 5-1005.5. Advisory referenda. By a vote of the
majority of the members of the county board, the board may
authorize an advisory question of public policy to be placed
on the ballot at the next regularly scheduled election in the
county. The county board shall certify the question to the
proper election authority, which must submit the question at
an election in accordance with the Election Code.
Section 15. The Illinois Municipal Code is amended by
adding Section 3.1-40-60 as follows:
(65 ILCS 5/3.1-40-60 new)
Sec. 3.1-40-60. Advisory referenda. By a vote of the
majority of the members of the city council, the council may
authorize an advisory question of public policy to be placed
on the ballot at the next regularly scheduled election in the
municipality. The city council shall certify the question to
the proper election authority, which must submit the question
at an election in accordance with the Election Code.
Section 20. The Park District Code is amended by adding
Section 8-30 as follows:
(70 ILCS 1205/8-30 new)
Sec. 8-30. Advisory referenda. By a vote of the majority
of the members of the park district board, the board may
authorize an advisory question of public policy to be placed
on the ballot at the next regularly scheduled election in the
district. The board shall certify the question to the proper
election authority, which must submit the question at an
election in accordance with the Election Code.
Section 90. The State Mandates Act is amended by adding
Section 8.27 as follows:
(30 ILCS 805/8.27 new)
Sec. 8.27. Exempt mandate. Notwithstanding Sections 6
and 8 of this Act, no reimbursement by the State is required
for the implementation of any mandate created by this
amendatory Act of the 93rd General Assembly.
Section 97. Severability. The provisions of this Act
are severable under Section 1.31 of the Statute on Statutes.
Section 99. Effective date. This Act takes effect upon
becoming law.