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| Public Act 095-0267 |
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AN ACT concerning elections.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Election Code is amended by changing | ||||
Sections 7-34 and 17-23 as follows:
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(10 ILCS 5/7-34) (from Ch. 46, par. 7-34)
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Sec. 7-34. Pollwatchers in a primary election shall be | ||||
authorized in
the following manner:
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(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.
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(2) Each candidate shall be entitled to appoint two | ||||
pollwatchers per
precinct. For Federal, State, county, | ||||
township, and municipal primary elections, the
pollwatchers | ||||
must be registered to vote in Illinois.
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(3) Each organization of citizens within the county or | ||||
political
subdivision, which has among its purposes or | ||||
interests the investigation
or prosecution of election frauds, | ||||
and which shall have registered its
name and address and the | ||||
names and addresses of its principal officers
with the proper | ||||
election authority at least 40 days before the primary
| ||||
election, shall be entitled to appoint one pollwatcher per | ||||
precinct.
For all primary elections, the pollwatcher must be | ||
registered to vote in
Illinois.
| ||
(3.5) Each State nonpartisan civic organization within the | ||
county or political subdivision shall be entitled to appoint | ||
one pollwatcher per precinct, provided that no more than 2 | ||
pollwatchers appointed by State nonpartisan civic | ||
organizations shall be present in a precinct polling place at | ||
the same time. Each organization shall have registered the | ||
names and addresses of its principal officers with the proper | ||
election authority at least 40 days before the primary | ||
election. The pollwatchers must be registered to vote in | ||
Illinois. For the purpose of this paragraph, a "State | ||
nonpartisan civic organization" means any corporation, | ||
unincorporated association, or organization that: | ||
(i) as part of its written articles of incorporation, | ||
bylaws, or charter or by separate written declaration, has | ||
among its stated purposes the provision of voter | ||
information and education, the protection of individual | ||
voters' rights, and the promotion of free and equal | ||
elections; | ||
(ii) is organized or primarily conducts its activities | ||
within the State of Illinois; and | ||
(iii) continuously maintains an office or business | ||
location within the State of Illinois, together with a | ||
current listed telephone number (a post office box number | ||
without a current listed telephone number is not | ||
sufficient).
| ||
(4) Each organized group of proponents or opponents of a | ||
ballot
proposition, which shall have registered the name and | ||
address of its
organization or committee and the name and | ||
address of its chairman with
the proper election authority at | ||
least 40 days before the primary
election, shall be entitled to | ||
appoint one pollwatcher per precinct. The
pollwatcher must be | ||
registered to vote in Illinois.
| ||
(5) In any primary election held to nominate candidates for | ||
the offices
of a municipality of less than 3,000,000 population | ||
that is situated in
2 or more counties, a pollwatcher who is a | ||
resident of a county in which
any part of the municipality is
| ||
situated shall be eligible to serve as a pollwatcher in any | ||
polling place
located within such municipality, provided that | ||
such pollwatcher otherwise
complies with the respective | ||
requirements of subsections (1) through (4)
of this Section and | ||
is a registered voter whose residence is within
Illinois.
| ||
All pollwatchers shall be required to have proper | ||
credentials. Such
credentials shall be printed in sufficient | ||
quantities, shall be issued
by and under the facsimile | ||
signature(s) of the election authority and
shall be available | ||
for distribution at least 2 weeks prior to the
election. Such | ||
credentials shall be authorized by the real or facsimile
| ||
signature of the State or local party official or the candidate | ||
or the
presiding officer of the civic organization or the | ||
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)
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Under penalties provided by law pursuant to Section 29-10 | ||
of the
Election Code, the undersigned pollwatcher certifies | ||
that he or she resides
at .............. (address) in the | ||
county of ........., ......... (township
or municipality) of | ||
.......... (name), State of Illinois, and is duly
registered to | ||
vote in Illinois.
| ||
........................... ..........................
| ||
(Precinct and/or Ward in (Signature of Pollwatcher)
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Which Pollwatcher Resides)
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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).
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......................... .......................
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(Signature of Candidate) OFFICE FOR WHICH
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CANDIDATE SEEKS
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NOMINATION OR
| ||
ELECTION
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Pollwatchers shall be permitted to observe all proceedings | ||
and view all reasonably requested records relating
to the | ||
conduct of the election, provided the secrecy of the ballot is | ||
not impinged, and to station themselves in a position
in the | ||
voting room as will enable them to observe the judges making | ||
the
signature comparison between the voter application and the | ||
voter
registration record card; provided, however, that such | ||
pollwatchers
shall not be permitted to station themselves in | ||
such close proximity to
the judges of election so as to | ||
interfere with the orderly conduct of
the election and shall | ||
not, in any event, be permitted to handle
election materials. | ||
Pollwatchers may challenge for cause the voting
qualifications | ||
of a person offering to vote and may call to the
attention of | ||
the judges of election any incorrect procedure or apparent
| ||
violations of this Code.
| ||
If a majority of the judges of election determine that the | ||
polling
place has become too overcrowded with pollwatchers so | ||
as to interfere
with the orderly conduct of the election, the | ||
judges shall, by lot,
limit such pollwatchers to a reasonable | ||
number, except that each
candidate and each established or new | ||
political party shall be permitted
to have at least one | ||
pollwatcher present.
| ||
Representatives of an election authority, with regard to an | ||
election
under its jurisdiction, the State Board of Elections, | ||
and law
enforcement agencies, including but not limited to a | ||
United States
Attorney, a State's attorney, the Attorney | ||
General, and a State, county,
or local police department, in | ||
the performance of their official
election duties, shall be | ||
permitted at all times to enter and remain in
the polling | ||
place. Upon entering the polling place, such
representatives | ||
shall display their official credentials or other
| ||
identification to the judges of election.
| ||
Uniformed police officers assigned to polling place duty | ||
shall follow
all lawful instructions of the judges of election.
| ||
The provisions of this Section shall also apply to | ||
supervised casting of
absentee ballots as provided in Section | ||
19-12.2 of this Act.
| ||
(Source: P.A. 93-574, eff. 8-21-03; 94-645, eff. 8-22-05.)
| ||
(10 ILCS 5/17-23) (from Ch. 46, par. 17-23)
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Sec. 17-23. Pollwatchers in a general election shall be | ||
authorized in
the following manner:
| ||
(1) Each established political party shall be entitled to | ||
appoint
two pollwatchers per precinct. Such pollwatchers must | ||
be affiliated
with the political party for which they are | ||
pollwatching. For all
elections, the pollwatchers must be
| ||
registered to vote in Illinois.
| ||
(2) Each candidate shall be entitled to appoint two | ||
pollwatchers per
precinct. For all elections, the pollwatchers | ||
must be
registered to vote
in Illinois.
| ||
(3) Each organization of citizens within the county or | ||
political
subdivision, which has among its purposes or | ||
interests the investigation
or prosecution of election frauds, | ||
and which shall have registered its
name and address and the | ||
name and addresses of its principal officers
with the proper | ||
election authority at least 40 days before the election,
shall | ||
be entitled to appoint one pollwatcher per precinct. For all
| ||
elections, the pollwatcher must be registered to vote in
| ||
Illinois.
| ||
(3.5) Each State nonpartisan civic organization within the | ||
county or political subdivision shall be entitled to appoint | ||
one pollwatcher per precinct, provided that no more than 2 | ||
pollwatchers appointed by State nonpartisan civic | ||
organizations shall be present in a precinct polling place at | ||
the same time. Each organization shall have registered the | ||
names and addresses of its principal officers with the proper | ||
election authority at least 40 days before the election. The | ||
pollwatchers must be registered to vote in Illinois. For the | ||
purpose of this paragraph, a "State nonpartisan civic | ||
organization" means any corporation, unincorporated | ||
association, or organization that: | ||
(i) as part of its written articles of incorporation, | ||
bylaws, or charter or by separate written declaration, has | ||
among its stated purposes the provision of voter | ||
information and education, the protection of individual | ||
voters' rights, and the promotion of free and equal | ||
elections; | ||
(ii) is organized or primarily conducts its activities | ||
within the State of Illinois; and | ||
(iii) continuously maintains an office or business | ||
location within the State of Illinois, together with a | ||
current listed telephone number (a post office box number | ||
without a current listed telephone number is not | ||
sufficient).
| ||
(4) In any general election held to elect candidates for | ||
the offices of
a municipality of less than 3,000,000 population | ||
that is situated in 2 or
more counties, a pollwatcher who is a | ||
resident of Illinois shall be eligible to serve as a
| ||
pollwatcher in any poll located within such
municipality, | ||
provided that such pollwatcher otherwise complies with the
| ||
respective requirements of subsections (1) through (3) of this | ||
Section and
is a registered voter in Illinois.
| ||
(5) Each organized group of proponents or opponents of a | ||
ballot
proposition, which shall have registered the name and | ||
address of its
organization or committee and the name and | ||
address of its chairman with the
proper election authority at | ||
least 40 days before the election, shall be
entitled to appoint | ||
one pollwatcher per precinct. The pollwatcher
must be
| ||
registered to vote in Illinois.
| ||
All pollwatchers shall be required to have proper | ||
credentials. Such
credentials shall be printed in sufficient | ||
quantities, shall be issued
by and under the facsimile | ||
signature(s) of the election authority 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.
| ||
.......................... .......................
| ||
(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 | ||
and view all reasonably requested records relating
to the | ||
conduct of the election, provided the secrecy of the ballot is | ||
not impinged, and to station themselves in a position
in the | ||
voting room as will enable them to observe the judges making | ||
the
signature comparison between the voter application and the | ||
voter
registration record card; provided, however, that such | ||
pollwatchers
shall not be permitted to station themselves in | ||
such close proximity to
the judges of election so as to | ||
interfere with the orderly conduct of
the election and shall | ||
not, in any event, be permitted to handle
election materials. | ||
Pollwatchers may challenge for cause the voting
qualifications | ||
of a person offering to vote and may call to the
attention of | ||
the judges of election any incorrect procedure or apparent
| ||
violations of this Code.
| ||
If a majority of the judges of election determine that the | ||
polling
place has become too overcrowded with pollwatchers so | ||
as to interfere
with the orderly conduct of the election, the | ||
judges shall, by lot,
limit such pollwatchers to a reasonable | ||
number, except that each
established or new political party | ||
shall be permitted to have at least
one pollwatcher present.
| ||
Representatives of an election authority, with regard to an | ||
election
under its jurisdiction, the State Board of Elections, | ||
and law
enforcement agencies, including but not limited to a | ||
United States
Attorney, a State's attorney, the Attorney | ||
General, and a State, county,
or local police department, in | ||
the performance of their official
election duties, shall be | ||
permitted at all times to enter and remain in
the polling | ||
place. Upon entering the polling place, such
representatives | ||
shall display their official credentials or other
| ||
identification to the judges of election.
| ||
Uniformed police officers assigned to polling place duty | ||
shall follow
all lawful instructions of the judges of election.
| ||
The provisions of this Section shall also apply to | ||
supervised casting of
absentee ballots as provided in Section | ||
19-12.2 of this Act.
| ||
(Source: P.A. 93-574, eff. 8-21-03; 94-645, eff. 8-22-05.)
| ||
Section 99. Effective date. This Act takes effect upon | ||
becoming law.
| ||