|
Public Act 098-1171
|
SB0172 Enrolled | LRB098 04408 HLH 34436 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 1-3.5, 1-9, 1-12, 1A-8, 1A-16, 1A-16.5, 1A-25, 3-6, |
4-6.3, 4-10, 4-50, 4-105, 5-9, 5-16.3, 5-50, 5-105, 6-29, |
6-50.3, 6-100, 6-105, 7-15, 7-34, 10-7, 10-9, 11-4.1, 11-7, |
12-1, 13-1, 13-1.1, 13-2, 13-10, 14-3.1, 14-3.2, 16-5.01, 17-8, |
17-9, 17-18.1, 17-19.2, 17-21, 17-23, 17-29, 18-5, 18-9.2, |
18A-5, 18A-15, 19-2, 19-3, 19-4, 19-5, 19-6, 19-7, 19-8, 19-10, |
19-12.1, 19-12.2, 19-13, 19-15, 19-20, 19A-10, 19A-15, 19A-25, |
19A-35, 19A-75, 20-1, 20-2, 20-2.1, 20-2.2, 20-2.3, 20-3, 20-4, |
20-5, 20-6, 20-7, 20-8, 20-10, 20-13, 20-13.1, 20-25, 24-15, |
24-16, 24A-6, 24A-10, 24A-15.1, 24B-6, 24B-10, 24B-15.1, |
24C-1, 24C-6, 24C-11, 24C-13, 24C-15, 25-7, 28-9, 29-5, 29-20, |
and the heading of Article 19 and by adding Sections 1-9.1, |
1-9.2, 1A-16.6, 1A-16.8, 1A-45, 18A-218, 18A-218.10, |
18A-218.20, 18A-218.30, and 18A-218.40 as follows:
|
(10 ILCS 5/1-3.5 new) |
Sec. 1-3.5. Absentee voting. Any references to absentee |
ballots, absentee voters, absentee registration, or absentee |
voting procedures in this Code shall be construed to refer to |
vote by mail ballots, persons who vote by mail, registration by |
|
mail, or voting by mail.
|
(10 ILCS 5/1-9)
|
Sec. 1-9. Central counting of grace period, early, vote by |
mail absentee , and provisional ballots. Notwithstanding any |
statutory provision to the contrary enacted before the |
effective date of this amendatory Act of the 94th General |
Assembly, all grace period ballots, early voting ballots, vote |
by mail absentee ballots, and provisional ballots to be counted |
shall be delivered to and counted at an election authority's |
central ballot counting location and not in precincts. |
References in this Code enacted before the effective date of |
this amendatory Act of the 94th General Assembly to delivery |
and counting of grace period ballots, early voting ballots, |
vote by mail absentee ballots, or provisional ballots to or at |
a precinct polling place or to the proper polling place shall |
be construed as references to delivery and counting of those |
ballots to and at the election authority's central ballot |
counting location.
|
(Source: P.A. 94-1000, eff. 7-3-06.)
|
(10 ILCS 5/1-9.1 new) |
Sec. 1-9.1. Ballot counting information dissemination. |
Each election authority maintaining a website must provide |
24-hour notice on its website of the date, time, and location |
of the analysis, processing, and counting of all ballot forms. |
|
Each election authority must notify any political party or |
pollwatcher of the same information 24 hours before the count |
begins if such political party or pollwatcher has requested to |
be notified. Notification may be by electronic mail at the |
address provided by the requester.
|
(10 ILCS 5/1-9.2 new) |
Sec. 1-9.2. Uncounted ballot information on website. No |
later than 48 hours after the closing of polling locations on |
election day, each election authority maintaining a website |
shall post the number of ballots that remain uncounted. The |
posting shall separate the number of ballots yet to be counted |
into the following categories: ballots cast on election day, |
early voting ballots, provisional ballots, vote by mail ballots |
received by the election authority but not counted, and vote by |
mail ballots sent by the election authority but have not been |
returned to the election authority. This information shall be |
updated on the website of the election authority each day until |
the period for counting provisional and vote by mail ballots |
has ended. All election authorities, regardless of whether they |
maintain a website, shall share the same information, separated |
in the same manner, with the State Board of Elections no later |
than 48 hours after the closing of polling locations on |
election day and each business day thereafter until the period |
for counting provisional and vote by mail ballots has ended.
|
|
(10 ILCS 5/1-12) |
Sec. 1-12. Public university voting. |
(a) Each appropriate election authority shall, in addition |
to the early voting conducted at locations otherwise required |
by law, conduct early voting , grace period registration, and |
grace period voting at the student union in a high traffic |
location on the campus of a public university within the |
election authority's jurisdiction. The voting required by this |
subsection (a) to be conducted on campus must be conducted from |
the 6th day before a general primary or general election until |
and including the 4th day before a general primary or general |
election from 10:00 a.m. to 5 p.m. and as otherwise required by |
Article 19A of this Code , except that the voting required by |
this subsection (a) need not be conducted during a consolidated |
primary or consolidated election . If an election authority has |
voting equipment that can accommodate a ballot in every form |
required in the election authority's jurisdiction, then the |
election authority shall extend early voting and grace period |
registration and voting under this Section to any registered |
voter in the election authority's jurisdiction. However, if the |
election authority does not have voting equipment that can |
accommodate a ballot in every form required in the election |
authority's jurisdiction, then the election authority may |
limit early voting and grace period registration and voting |
under this Section to registered voters in precincts where the |
public university is located and precincts bordering the |
|
university. Each public university shall make the space |
available at the student union in a high traffic area for, and |
cooperate and coordinate with the appropriate election |
authority in, the implementation of this subsection (a).
|
(b) (Blank). Each appropriate election authority shall, in |
addition to the voting conducted at locations otherwise |
required by law, conduct in-person absentee voting on election |
day in a high-traffic location on the campus of a public |
university within the election authority's jurisdiction. The |
procedures for conducting in-person absentee voting at a site |
established pursuant to this subsection (b) shall, to the |
extent practicable, be the same procedures required by Article |
19 of this Code for in-person absentee ballots. The election |
authority may limit in-person absentee voting under this |
subsection (b) to registered voters in precincts where the |
public university is located and precincts bordering the |
university. The election authority shall have voting equipment |
and ballots necessary to accommodate registered voters who may |
cast an in-person absentee ballot at a site established |
pursuant to this subsection (b). Each public university shall |
make the space available in a high-traffic area for, and |
cooperate and coordinate with the appropriate election |
authority in, the implementation of this subsection (b). |
(c) For the purposes of this Section, "public university" |
means the University of Illinois, Illinois State University, |
Chicago State University, Governors State University, Southern |
|
Illinois University, Northern Illinois University, Eastern |
Illinois University, Western Illinois University, and |
Northeastern Illinois University the University of Illinois at |
its campuses in Urbana-Champaign and Springfield, Southern |
Illinois University at its campuses in Carbondale and |
Edwardsville, Eastern Illinois University, Illinois State |
University, Northern Illinois University, and Western Illinois |
University at its campuses in Macomb and Moline . |
(d) For the purposes of this Section, "student union" means |
the Student Center at 750 S. Halsted on the University of |
Illinois-Chicago campus; the Public Affairs Center at the |
University of Illinois at Springfield or a new building |
completed after the effective date of this Act housing student |
government at the University of Illinois at Springfield; the |
Illini Union at the University of Illinois at Urbana-Champaign; |
the SIUC Center at the Southern Illinois University at |
Carbondale campus; the Morris University Center at the Southern |
Illinois University at Edwardsville campus; the University |
Union at the Western Illinois University at the Macomb campus; |
the Holmes Student Center at the Northern Illinois University |
campus; the University Union at the Eastern Illinois University |
campus; NEIU Student Union at the Northeastern Illinois |
University campus; the Bone Student Center at the Illinois |
State University campus; the Cordell Reed Student Union at the |
Chicago State University campus; and the Hall of Governors in |
Building D at the Governors State University campus. |
|
(Source: P.A. 98-115, eff. 7-29-13; 98-691, eff. 7-1-14.)
|
(10 ILCS 5/1A-8) (from Ch. 46, par. 1A-8)
|
Sec. 1A-8. The State Board of Elections shall exercise the |
following
powers and perform the following duties in addition |
to any powers or duties
otherwise provided for by law:
|
(1) Assume all duties and responsibilities of the State |
Electoral Board
and the Secretary of State as heretofore |
provided in this Act;
|
(2) Disseminate information to and consult with |
election authorities
concerning the conduct of elections |
and registration in accordance with the
laws of this State |
and the laws of the United States;
|
(3) Furnish to each election authority prior to each |
primary and general
election and any other election it |
deems necessary, a manual of uniform
instructions |
consistent with the provisions of this Act which shall be |
used
by election authorities in the preparation of the |
official manual of
instruction to be used by the judges of |
election in any such election. In
preparing such manual, |
the State Board shall consult with representatives
of the |
election authorities throughout the State. The State Board |
may
provide separate portions of the uniform instructions |
applicable to
different election jurisdictions which |
administer elections under different
options provided by |
law. The State Board may by regulation require
particular |
|
portions of the uniform instructions to be included in any
|
official manual of instructions published by election |
authorities. Any
manual of instructions published by any |
election authority shall be
identical with the manual of |
uniform instructions issued by the Board, but
may be |
adapted by the election authority to accommodate special or |
unusual
local election problems, provided that all manuals |
published by election
authorities must be consistent with |
the provisions of this Act in all
respects and must receive |
the approval of the State Board of Elections
prior to |
publication; provided further that if the State Board does |
not
approve or disapprove of a proposed manual within 60 |
days of its
submission, the manual shall be deemed |
approved.
|
(4) Prescribe and require the use of such uniform |
forms, notices, and
other supplies not inconsistent with |
the provisions of this Act as it shall
deem advisable which |
shall be used by election authorities in the conduct
of |
elections and registrations;
|
(5) Prepare and certify the form of ballot for any |
proposed amendment to
the Constitution of the State of |
Illinois, or any referendum to be
submitted to the electors |
throughout the State or, when required to do so
by law, to |
the voters of any area or unit of local government of the |
State;
|
(6) Require such statistical reports regarding the |
|
conduct of elections
and registration from election |
authorities as may be deemed necessary;
|
(7) Review and inspect procedures and records relating |
to conduct of
elections and registration as may be deemed |
necessary, and to report
violations of election laws to the |
appropriate State's Attorney or the Attorney General;
|
(8) Recommend to the General Assembly legislation to |
improve the
administration of elections and registration;
|
(9) Adopt, amend or rescind rules and regulations in |
the performance of
its duties provided that all such rules |
and regulations must be consistent
with the provisions of |
this Article 1A or issued pursuant to authority
otherwise |
provided by law;
|
(10) Determine the validity and sufficiency of |
petitions filed under
Article XIV, Section 3, of the |
Constitution of the State of Illinois of 1970;
|
(11) Maintain in its principal office a research |
library that includes,
but is not limited to, abstracts of |
votes by precinct for general primary
elections and general |
elections, current precinct maps and current precinct
poll |
lists from all election jurisdictions within the State. The |
research
library shall be open to the public during regular |
business hours. Such
abstracts, maps and lists shall be |
preserved as permanent records and shall
be available for |
examination and copying at a reasonable cost;
|
(12) Supervise the administration of the registration |
|
and election laws
throughout the State;
|
(13) Obtain from the Department of Central Management |
Services,
under Section 405-250 of the Department of |
Central Management
Services Law (20 ILCS 405/405-250),
|
such use
of electronic data processing equipment as may be |
required to perform the
duties of the State Board of |
Elections and to provide election-related
information to |
candidates, public and party officials, interested civic
|
organizations and the general public in a timely and |
efficient manner; and
|
(14) To take such action as may be necessary or |
required to give
effect to directions of the national |
committee or State central committee of an established
|
political party under Sections 7-8, 7-11 and 7-14.1 or such |
other
provisions as may be applicable pertaining to the |
selection of delegates
and alternate delegates to an |
established political party's national
nominating |
conventions or, notwithstanding any candidate |
certification
schedule contained within the Election Code, |
the certification of the
Presidential and Vice
|
Presidential candidate selected by the established |
political party's national nominating
convention ; .
|
(15) To post all early voting sites separated by |
election authority and hours of operation on its website at |
least 5 business days before the period for early voting |
begins; and |
|
(16) To post on its website the statewide totals, and |
totals separated by each election authority, for each of |
the counts received pursuant to Section 1-9.2. |
The Board may by regulation delegate any of its duties or
|
functions under this Article, except that final determinations |
and orders
under this Article shall be issued only by the |
Board.
|
The requirement for reporting to the General Assembly shall |
be satisfied
by filing copies of the report with the Speaker, |
the Minority Leader and
the Clerk of the House of |
Representatives and the President, the Minority
Leader and the |
Secretary of the Senate and the Legislative Research
Unit, as |
required by Section 3.1 of "An Act to revise the law in |
relation
to the General Assembly", approved February 25, 1874, |
as amended, and
filing such additional copies with the State |
Government Report Distribution
Center for the General Assembly |
as is required under paragraph (t) of
Section 7 of the State |
Library Act.
|
(Source: P.A. 95-6, eff. 6-20-07; 95-699, eff. 11-9-07.)
|
(10 ILCS 5/1A-16)
|
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) of this |
Section and Sections 1A-17 and 1A-30 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, then I may be
fined, |
imprisoned, or if I am not a U.S. citizen, deported |
from or refused
entry into the United States."
|
(15) A space for the person to fill in his or her |
e-mail address if he or she chooses to provide that |
information. |
(d-5) 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) (Blank).
|
(Source: P.A. 98-115, eff. 10-1-13.)
|
|
(10 ILCS 5/1A-16.5) |
Sec. 1A-16.5. Online voter registration. |
(a) The State Board of Elections shall establish and |
maintain a system for online voter registration that permits a |
person to apply to register to vote or to update his or her |
existing voter registration. In accordance with technical |
specifications provided by the State Board of Elections, each |
election authority shall maintain a voter registration system |
capable of receiving and processing voter registration |
application information, including electronic signatures, from |
the online voter registration system established by the State |
Board of Elections. |
(b) The online voter registration system shall employ |
security measures to ensure the accuracy and integrity of voter |
registration applications submitted electronically pursuant to |
this Section. |
(c) The Board may receive voter registration information |
provided by applicants using the State Board of Elections' |
website, may cross reference that information with data or |
information contained in the Secretary of State's database in |
order to match the information submitted by applicants, and may |
receive from the Secretary of State the applicant's digitized |
signature upon a successful match of that applicant's |
information with that contained in the Secretary of State's |
database. |
|
(d) Notwithstanding any other provision of law, a person |
who is qualified to register to vote and who has an authentic |
Illinois driver's license or State identification card issued |
by the Secretary of State may submit an application to register |
to vote electronically on a website maintained by the State |
Board of Elections. |
(e) An online voter registration application shall contain |
all of the information that is required for a paper application |
as provided in Section 1A-16 of this Code, except that the |
applicant shall be required to provide: |
(1) the applicant's full Illinois driver's license or |
State identification card number; |
(2) the last 4 digits of the applicant's social |
security number; and |
(3) the date the Illinois driver's license or State |
identification card was issued. |
(f) For an applicant's registration or change in |
registration to be accepted, the applicant shall mark the box |
associated with the following statement included as part of the |
online voter registration application: |
"By clicking on the box below, I swear or affirm all of the |
following: |
(1) I am the person whose name and identifying information |
is provided on this form, and I desire to register to vote in |
the State of Illinois. |
(2) All the information I have provided on this form is |
|
true and correct as of the date I am submitting this form. |
(3) I authorize the Secretary of State to transmit to the |
State Board of Elections my signature that is on file with the |
Secretary of State and understand that such signature will be |
used by my local election authority on this online voter |
registration application for admission as an elector as if I |
had signed this form personally.". |
(g) Immediately upon receiving a completed online voter |
registration application, the online voter registration system |
shall send, by electronic mail, a confirmation notice that the |
application has been received. Within 48 hours of receiving |
such an application, the online voter registration system shall |
send by electronic mail, a notice informing the applicant of |
whether the following information has been matched with the |
Secretary of State database: |
(1) that the applicant has an authentic Illinois |
driver's license or State identification card issued by the |
Secretary of State and that the driver's license or State |
identification number provided by the applicant matches |
the driver's license or State identification card number |
for that person on file with the Secretary of State; |
(2) that the date of issuance of the Illinois driver's |
license or State identification card listed on the |
application matches the date of issuance of that card for |
that person on file with the Secretary of State; |
(3) that the date of birth provided by the applicant |
|
matches the date of birth for that person on file with the |
Secretary of State; and |
(4) that the last 4 digits of the applicant's social |
security number matches the last 4 digits for that person |
on file with the Secretary of State. |
(h) If the information provided by the applicant matches |
the information on the Secretary of State's databases for any |
driver's license and State identification card holder and is |
matched as provided in subsection (g) above, the online voter |
registration system shall: |
(1) retrieve from the Secretary of State's database |
files an electronic copy of the applicant's signature from |
his or her Illinois driver's license or State |
identification card and such signature shall be deemed to |
be the applicant's signature on his or her online voter |
registration application; |
(2) within 2 days of receiving the application, forward |
to the county clerk or board of election commissioners |
having jurisdiction over the applicant's voter |
registration: (i) the application, along with the |
applicant's relevant data that can be directly loaded into |
the jurisdiction's voter registration system and (ii) a |
copy of the applicant's electronic signature and a |
certification from the State Board of Elections that the |
applicant's driver's license or State identification card |
number, driver's license or State identification card date |
|
of issuance, and date of birth and social security |
information have been successfully matched. |
(i) Upon receipt of the online voter registration |
application, the county clerk or board of election |
commissioners having jurisdiction over the applicant's voter |
registration shall promptly search its voter registration |
database to determine whether the applicant is already |
registered to vote at the address on the application and |
whether the new registration would create a duplicate |
registration. If the applicant is already registered to vote at |
the address on the application, the clerk or board, as the case |
may be, shall send the applicant by first class mail, and |
electronic mail if the applicant has provided an electronic |
mail address on the original voter registration form for that |
address, a disposition notice as otherwise required by law |
informing the applicant that he or she is already registered to |
vote at such address. If the applicant is not already |
registered to vote at the address on the application and the |
applicant is otherwise eligible to register to vote, the clerk |
or board, as the case may be, shall: |
(1) enter the name and address of the applicant on the |
list of registered voters in the jurisdiction; and |
(2) send by mail, and electronic mail if the applicant |
has provided an electronic mail address on the voter |
registration form, a disposition notice to the applicant as |
otherwise provided by law setting forth the applicant's |
|
name and address as it appears on the application and |
stating that the person is registered to vote. |
(j) An electronic signature of the person submitting a |
duplicate registration application or a change of address form |
that is retrieved and imported from the Secretary of State's |
driver's license or State identification card database as |
provided herein may, in the discretion of the clerk or board, |
be substituted for and replace any existing signature for that |
individual in the voter registration database of the county |
clerk or board of election commissioners. |
(k) Any new registration or change of address submitted |
electronically as provided in this Section shall become |
effective as of the date it is received by the county clerk or |
board of election commissioners having jurisdiction over said |
registration. Disposition notices prescribed in this Section |
shall be sent within 5 business days of receipt of the online |
application or change of address by the county clerk or board |
of election commissioners. |
(l) All provisions of this Code governing voter |
registration and applicable thereto and not inconsistent with |
this Section shall apply to online voter registration under |
this Section. All applications submitted on a website |
maintained by the State Board of Elections shall be deemed |
timely filed if they are submitted no later than 11:59 p.m. on |
the final day for voter registration prior to an election. |
After the registration period for an upcoming election has |
|
ended and until the 2nd day following such election, the web |
page containing the online voter registration form on the State |
Board of Elections website shall inform users of the procedure |
for grace period voting. |
(m) The State Board of Elections shall maintain a list of |
the name, street address, e-mail address, and likely precinct, |
ward, township, and district numbers, as the case may be, of |
people who apply to vote online through the voter registration |
system and those names and that information shall be stored in |
an electronic format on its website, arranged by county and |
accessible to State and local political committees. |
(n) The Illinois State Board of Elections shall develop or |
cause to be developed an online voter registration system able |
to be accessed by at least the top two most used mobile |
electronic operating systems by January 1, 2016. The Illinois |
State Board of Elections shall submit a report to the General |
Assembly and the Governor by January 31, 2014 detailing the |
progress made to implement the online voter registration system |
described in this Section. |
(o) (Blank). The online voter registration system provided |
for in this Section shall be fully operational by July 1, 2014.
|
(p) Each State department that maintains an Internet |
website must include a hypertext link to the homepage website |
maintained and operated pursuant to this Section 1A-16.5. For |
the purposes of this Section, "State department" means the |
departments of State Government listed in Section 5-15 of the |
|
Civil Administrative Code of Illinois (General Provisions and |
Departments of State Government). |
(Source: P.A. 98-115, eff. 7-29-13; 98-756, eff. 7-16-14.)
|
(10 ILCS 5/1A-16.6 new) |
Sec. 1A-16.6. Government agency voter registration. |
(a) By April 1, 2016, the State Board of Elections shall |
establish and maintain a portal for government agency |
registration that permits an eligible person to electronically |
apply to register to vote or to update his or her existing |
voter registration whenever he or she conducts business, either |
online or in person, with a designated government agency. The |
portal shall interface with the online voter registration |
system established in Section 1A-16.5 of this Code and shall be |
capable of receiving and processing voter registration |
application information, including electronic signatures, from |
a designated government agency. The State Board of Elections |
shall modify the online voter registration system as necessary |
to implement this Section. |
Voter registration data received from a designated |
government agency through the online registration system shall |
be processed as provided for in Section 1A-16.5 of this Code. |
Whenever the registration interface is accessible to the |
general public, including, but not limited to, online |
transactions, the interface shall allow the applicant to |
complete the process as provided for in Section 1A-16.5 of this |
|
Code. The online interface shall be capable of providing the |
applicant with the applicant's voter registration status with |
the State Board of Elections and, if registered, the |
applicant's current registration address. The applicant shall |
not be required to re-enter any registration data, such as |
name, address, and birth date, if the designated government |
agency already has that information on file. The applicant |
shall be informed that by choosing to register to vote or to |
update his or her existing voter registration, the applicant |
consents to the transfer of the applicant's personal |
information to the State Board of Elections. |
Whenever a government employee is accessing the |
registration system while servicing the applicant, the |
government employee shall notify the applicant of the |
applicant's registration status with the State Board of |
Elections and, if registered, the applicant's current |
registration address. If the applicant elects to register to |
vote or to update his or her existing voter registration, the |
government employee shall collect the needed information and |
assist the applicant with his or her registration. The |
applicant shall be informed that by choosing to register to |
vote or to update his or her existing voter registration, the |
applicant consents to the transfer of the applicant's personal |
information to the State Board of Elections. |
In accordance with technical specifications provided by |
the State Board of Elections, each designated government agency |
|
shall maintain a data transfer mechanism capable of |
transmitting voter registration application information, |
including electronic signatures where available, to the online |
voter registration system established in Section 1A-16.5 of |
this Code. Each designated government agency shall establish |
and operate a voter registration system capable of transmitting |
voter registration application information to the portal as |
described in this Section by July 1, 2016. |
(b) Whenever an applicant's data is transferred from a |
designated government agency, the agency must transmit a |
signature image if available. If no signature image was |
provided by the agency or if no signature image is available in |
the Secretary of State's database or the statewide voter |
registration database, the applicant must be notified that |
their registration will remain in a pending status and the |
applicant will be required to provide identification and a |
signature to the election authority on Election Day in the |
polling place or during early voting. |
(c) The State Board of Elections shall track registration |
data received through the online registration system that |
originated from a designated government agency for the purposes |
of maintaining statistics required by the federal National |
Voter Registration Act of 1993, as amended. |
(d) The State Board of Elections shall submit a report to |
the General Assembly and the Governor by December 1, 2015 |
detailing the progress made to implement the government agency |
|
voter registration portal described in this Section. |
(e) The Board shall adopt rules, in consultation with the |
impacted agencies. |
(f) As used in this Section, a "designated government |
agency" means the Secretary of State's Driver Services and |
Vehicle Services Departments, the Department of Human |
Services, the Department of Healthcare and Family Services, the |
Department of Employment Security, and the Department on Aging.
|
(10 ILCS 5/1A-16.8 new) |
Sec. 1A-16.8. Automatic transfer of registration based |
upon information from the National Change of Address database. |
The State Board of Elections shall cross-reference the |
statewide voter registration database against the United |
States Postal Service's National Change of Address database |
twice each calendar year, April 15 and October 1 in |
odd-numbered years and April 15 and December 1 in even-numbered |
years, and shall share the findings with the election |
authorities. An election authority shall automatically |
register any voter who has moved into its jurisdiction from |
another jurisdiction in Illinois or has moved within its |
jurisdiction provided that: |
(1) the election authority whose jurisdiction includes |
the new registration address provides the voter an |
opportunity to reject the change in registration address |
through a mailing, sent by non-forwardable mail, to the new |
|
registration address, and |
(2) when the election authority whose jurisdiction |
includes the previous registration address is a different |
election authority, then that election authority provides |
the same opportunity through a mailing, sent by forwardable |
mail, to the previous registration address. |
This change in registration shall trigger the same |
inter-jurisdictional or intra-jurisdictional workflows as if |
the voter completed a new registration card, including the |
cancellation of the voter's previous registration. Should the |
registration of a voter be changed from one address to another |
within the State and should the voter appear at the polls and |
offer to vote from the prior registration address, attesting |
that the prior registration address is the true current |
address, the voter, if confirmed by the election authority as |
having been registered at the prior registration address and |
canceled only by the process authorized by this Section, shall |
be issued a regular ballot, and the change of registration |
address shall be canceled. If the election authority is unable |
to immediately confirm the registration, the voter shall be |
issued a provisional ballot and the provisional ballot shall be |
counted.
|
(10 ILCS 5/1A-25) |
Sec. 1A-25. Centralized statewide voter registration list. |
The centralized statewide voter registration list required by |
|
Title III, Subtitle A, Section 303 of the Help America Vote Act |
of 2002 shall be created and maintained by the State Board of |
Elections as provided in this Section. |
(1) The centralized statewide voter registration list |
shall be compiled from the voter registration data bases of |
each election authority in this State.
|
(2) With the exception of voter registration forms |
submitted electronically through an online voter |
registration system, all new voter registration forms and |
applications to register to vote, including those reviewed |
by the Secretary of State at a driver services facility, |
shall be transmitted only to the appropriate election |
authority as required by Articles 4, 5, and 6 of this Code |
and not to the State Board of Elections. All voter |
registration forms submitted electronically to the State |
Board of Elections through an online voter registration |
system shall be transmitted to the appropriate election |
authority as required by Section 1A-16.5. The election |
authority shall process and verify each voter registration |
form and electronically enter verified registrations on an |
expedited basis onto the statewide voter registration |
list. All original registration cards shall remain |
permanently in the office of the election authority as |
required by this Code.
|
(3) The centralized statewide voter registration list |
shall:
|
|
(i) Be designed to allow election authorities to |
utilize the registration data on the statewide voter |
registration list pertinent to voters registered in |
their election jurisdiction on locally maintained |
software programs that are unique to each |
jurisdiction.
|
(ii) Allow each election authority to perform |
essential election management functions, including but |
not limited to production of voter lists, processing of |
vote by mail absentee voters, production of |
individual, pre-printed applications to vote, |
administration of election judges, and polling place |
administration, but shall not prevent any election |
authority from using information from that election |
authority's own systems.
|
(4) The registration information maintained by each |
election authority shall be synchronized with that |
authority's information on the statewide list at least once |
every 24 hours.
|
To protect the privacy and confidentiality of voter |
registration information, the disclosure of any portion of the |
centralized statewide voter registration list to any person or |
entity other than to a State or local political committee and |
other than to a governmental entity for a governmental purpose |
is specifically prohibited except as follows: (1) subject to |
security measures adopted by the State Board of Elections |
|
which, at a minimum, shall include the keeping of a catalog or |
database, available for public view, including the name, |
address, and telephone number of the person viewing the list as |
well as the time of that viewing, any person may view the list |
on a computer screen at the Springfield office of the State |
Board of Elections, during normal business hours other than |
during the 27 days before an election, but the person viewing |
the list under this exception may not print, duplicate, |
transmit, or alter the list ; or (2) as may be required by an |
agreement the State Board of Elections has entered into with a |
multi-state voter registration list maintenance system .
|
(Source: P.A. 98-115, eff. 7-29-13.)
|
(10 ILCS 5/1A-45 new) |
Sec. 1A-45. Electronic Registration Information Center. |
(a) The State Board of Elections shall enter into an |
agreement with the Electronic Registration Information Center |
effective no later than January 1, 2016, for the purpose of |
maintaining a statewide voter registration database. The State |
Board of Elections shall comply with the requirements of the |
Electronic Registration Information Center Membership |
Agreement. The State Board of Elections shall require a term in |
the Electronic Registration Information Center Membership |
Agreement that requires the State to share identification |
records contained in the Secretary of State's Driver Services |
Department and Vehicle Services Department, the Department of |
|
Human Services, the Department of Healthcare and Family |
Services, the Department of Aging, and the Department of |
Employment Security databases (excluding those fields |
unrelated to voter eligibility, such as income or health |
information). |
(b) The Secretary of State and the Board of Elections shall |
enter into an agreement to permit the Secretary of State to |
provide the State Board of Elections with any information |
required for compliance with the Electronic Registration |
Information Center Membership Agreement. The Secretary of |
State shall deliver this information as frequently as necessary |
for the State Board of Elections to comply with the Electronic |
Registration Information Center Membership Agreement. |
(b-5) The State Board of Elections and the Department of |
Human Services, the Department of Healthcare and Family |
Services, the Department on Aging, and the Department of |
Employment Security shall enter into an agreement to require |
each department to provide the State Board of Elections with |
any information necessary to transmit member data under the |
Electronic Registration Information Center Membership |
Agreement. The director or secretary, as applicable, of each |
agency shall deliver this information on an annual basis to the |
State Board of Elections pursuant to the agreement between the |
entities. |
(c) Any communication required to be delivered to a |
registrant or potential registrant pursuant to the Electronic |
|
Registration Information Center Membership Agreement shall |
include at least the following message: |
"Our records show people at this address may not be |
registered to vote at this address, but you may be eligible |
to register to vote or re-register to vote at this address. |
If you are a U.S. Citizen, a resident of Illinois, and will |
be 18 years old or older before the next general election |
in November, you are qualified to vote. |
We invite you to check your registration online at |
(enter URL) or register to vote online at (enter URL), by |
requesting a mail-in voter registration form by (enter |
instructions for requesting a mail-in voter registration |
form), or visiting the (name of election authority) office |
at (address of election authority)." |
The words "register to vote online at (enter URL)" shall be |
bolded and of a distinct nature from the other words in the |
message required by this subsection (c). |
(d) Any communication required to be delivered to a |
potential registrant that has been identified by the Electronic |
Registration Information Center as eligible to vote but who is |
not registered to vote in Illinois shall be prepared and |
disseminated at the direction of the State Board of Elections. |
All other communications with potential registrants or |
re-registrants pursuant to the Electronic Registration |
Information Center Membership Agreement shall be prepared and |
disseminated at the direction of the appropriate election |
|
authority. |
(e) The Executive Director of the State Board of Elections |
or his or her designee shall serve as the Member Representative |
to the Electronic Registration Information Center. |
(f) The State Board of Elections may adopt any rules |
necessary to enforce this Section or comply with the Electronic |
Registration Information Center Membership Agreement.
|
(10 ILCS 5/3-6) |
Sec. 3-6. Voting age. Notwithstanding any other provision |
of law, a person who is 17 years old on the date of a primary |
election and who is otherwise qualified to vote is qualified to |
vote at that primary, including voting a vote by mail an |
absentee , grace period, or early voting ballot with respect to |
that primary, if that person will be 18 years old on the date |
of the immediately following general election. |
References in this Code and elsewhere to the requirement |
that a person must be 18 years old to vote shall be interpreted |
in accordance with this Section. |
For the purposes of this Act, an individual who is 17 years |
of age and who will be 18 years of age on the date of the |
general election shall be deemed competent to execute and |
attest to any voter registration forms.
|
(Source: P.A. 98-51, eff. 1-1-14.)
|
(10 ILCS 5/4-6.3) (from Ch. 46, par. 4-6.3)
|
|
Sec. 4-6.3.
The county clerk may establish a temporary |
place of registration
for such times and at such locations |
within the county as the county clerk
may select. However, no |
temporary place of registration may be
in operation during the |
27 days preceding an election. Notice
of the time and place
of |
registration under this Section shall be published by the |
county
clerk in a newspaper
having a general circulation in the |
county not less than 3 nor
more than 15 days before the holding |
of such registration.
|
Temporary places of registration shall be established so
|
that the areas of concentration of population or use by the |
public are served,
whether by
facilities provided in places of |
private business or in public buildings
or in mobile units. |
Areas which may be designated as temporary places of
|
registration include, but are not limited to, facilities |
licensed or certified
pursuant to the Nursing Home Care Act, |
the Specialized Mental Health Rehabilitation Act of 2013, or |
the ID/DD Community Care Act, Soldiers' and Sailors'
Homes, |
shopping centers, business districts, public buildings and |
county fairs.
|
Temporary places of registration shall be available to the
|
public not less than 2 hours per year for each 1,000 population |
or
fraction thereof in the county.
|
All temporary places of registration shall be manned by |
deputy county
clerks or deputy registrars appointed pursuant to |
Section 4-6.2.
|
|
(Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-813, |
eff. 7-13-12; 98-104, eff. 7-22-13.)
|
(10 ILCS 5/4-10) (from Ch. 46, par. 4-10)
|
Sec. 4-10.
Except as herein provided, no person shall be |
registered,
unless he applies in person to a registration |
officer, answers such
relevant questions as may be asked of him |
by the registration officer,
and executes the affidavit of |
registration. The registration officer shall
require the |
applicant to furnish two forms of identification, and except in |
the
case of a homeless individual, one of which must include |
his or her residence
address. These forms of identification |
shall include, but not be limited to,
any of the following: |
driver's license, social security card, public aid
|
identification card, utility bill, employee or student |
identification card,
lease or contract for a residence, credit |
card, or a civic, union or professional association membership |
card.
The registration officer shall require a homeless |
individual to furnish
evidence of his or her use of the mailing |
address stated. This use may be
demonstrated by a piece of mail |
addressed to that individual and received at
that address or by |
a statement from a person authorizing use of the mailing
|
address. The registration officer shall require each applicant |
for
registration to read or have read to him the affidavit of |
registration
before permitting him to execute the affidavit.
|
One of the registration officers or a deputy registration |
|
officer,
county clerk, or clerk in the office of the county |
clerk, shall
administer to all persons who shall personally |
apply to register the
following oath or affirmation:
|
"You do solemnly swear (or affirm) that you will fully and |
truly
answer all such questions as shall be put to you touching |
your name,
place of residence, place of birth, your |
qualifications as an elector
and your right as such to register |
and vote under the laws of the State
of Illinois."
|
The registration officer shall satisfy himself that each |
applicant
for registration is qualified to register before |
registering him. If the
registration officer has reason to |
believe that the applicant is a resident
of a Soldiers' and |
Sailors' Home or any facility which is licensed or certified
|
pursuant to the Nursing Home Care Act, the Specialized Mental |
Health Rehabilitation Act of 2013, or the ID/DD Community Care |
Act, the following question shall be put,
"When you entered the |
home which is your present address, was it your bona
fide |
intention to become a resident thereof?" Any voter of a |
township, city,
village or incorporated town in which such |
applicant resides, shall be
permitted to be present at the |
place of any precinct registration and shall
have the right to |
challenge any applicant who applies to be registered.
|
In case the officer is not satisfied that the applicant is |
qualified
he shall forthwith notify such applicant in writing |
to appear before the
county clerk to complete his registration. |
Upon the card of such
applicant shall be written the word |
|
"incomplete" and no such applicant
shall be permitted to vote |
unless such registration is satisfactorily
completed as |
hereinafter provided. No registration shall be taken and
marked |
as incomplete if information to complete it can be furnished on
|
the date of the original application.
|
Any person claiming to be an elector in any election |
precinct and
whose registration card is marked "Incomplete" may |
make and sign an
application in writing, under oath, to the |
county clerk in substance in
the following form:
|
"I do solemnly swear that I, ...., did on (insert date) |
make
application to the board of registry of the .... precinct |
of the township of
.... (or to the county clerk of .... county) |
and that said board or clerk
refused to complete my |
registration as a qualified voter in said
precinct. That I |
reside in said precinct, that I intend to reside in said
|
precinct, and am a duly qualified voter of said precinct and am |
entitled to be
registered to vote in said precinct at the next |
election.
|
(Signature of applicant) ............................."
|
All such applications shall be presented to the county |
clerk or to
his duly authorized representative by the |
applicant, in person between
the hours of 9:00 a.m. and 5:00 |
p.m. on any day after the days on
which the 1969 and 1970 |
precinct re-registrations are held but not on
any day within 27 |
days preceding the ensuing general election and
thereafter for |
|
the registration provided in Section 4-7 all such
applications |
shall be presented to the county clerk or his duly
authorized |
representative by the applicant in person between the hours
of |
9:00 a.m. and 5:00 p.m. on any day prior to 27 days preceding |
the
ensuing general election. Such application shall be heard |
by the county
clerk or his duly authorized representative at |
the time the application
is presented. If the applicant for |
registration has registered with the
county clerk, such |
application may be presented to and heard by the
county clerk |
or by his duly authorized representative upon the dates
|
specified above or at any time prior thereto designated by the |
county clerk.
|
Any otherwise qualified person who is absent from his |
county of
residence either due to business of the United States |
or because he is
temporarily outside the territorial limits of |
the United States may
become registered by mailing an |
application to the county clerk within
the periods of |
registration provided for in this Article, or by simultaneous
|
application for absentee registration by mail and vote by mail |
absentee ballot as provided in
Article 20 of this Code.
|
Upon receipt of such application the county clerk shall |
immediately
mail an affidavit of registration in duplicate, |
which affidavit shall
contain the following and such other |
information as the State Board of
Elections may think it proper |
to require for the identification of the
applicant:
|
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, 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 information as may be necessary,
including post office |
mailing address.
|
Electronic mail address, if the registrant has provided |
this information. |
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.
|
Age. Date of birth, by month, day and year.
|
Out of State address of ..........................
|
AFFIDAVIT OF REGISTRATION
|
State of ...........)
|
)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; that I am
fully qualified to vote, that I am |
not registered to vote anywhere else
in the United States, that |
I intend to remain a resident of the State of
Illinois and of |
the election precinct, that I intend to return to the State
of |
Illinois, and that the above statements are true.
|
..............................
|
(His or her signature or mark)
|
Subscribed and sworn to before me, an officer qualified to |
administer
oaths, on (insert date).
|
........................................
|
Signature of officer administering oath.
|
Upon receipt of the executed duplicate affidavit of |
Registration, the
county clerk shall transfer the information |
contained thereon to
duplicate Registration Cards provided for |
in Section 4-8 of this Article
and shall attach thereto a copy |
of each of the duplicate affidavit of
registration and |
thereafter such registration card and affidavit shall
|
constitute the registration of such person the same as if he |
had applied
for registration in person.
|
(Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-813, |
eff. 7-13-12; 98-104, eff. 7-22-13; 98-115, eff. 10-1-13; |
98-756, eff. 7-16-14.)
|
|
(10 ILCS 5/4-50) |
Sec. 4-50. Grace period. Notwithstanding any other |
provision of this
Code to the contrary, each election authority |
shall
establish procedures for the registration of voters and |
for change of address during the period from the close of
|
registration for an a primary or election and until and |
including the 3rd day of the before the
primary or election , |
except that during the 2014 general election the period shall |
extend until the polls close on election day . During this grace |
period, an unregistered qualified
elector may
register to vote, |
and a registered voter may submit a change of address form, in |
person in the office of the election
authority , at a permanent |
polling place established under Section 19A-10, at any other |
early voting site beginning 15 days prior to the election, at a |
polling place on election day, or at a voter registration |
location specifically designated for this
purpose by the |
election authority. During the 2014 general election, an |
unregistered qualified elector may register to vote, and a |
registered voter may submit a change of address form, in person |
at any permanent polling place for early voting established |
under Section 19A-10 through election day. The election |
authority shall
register that individual, or change a |
registered voter's address, in the same manner as otherwise |
provided by this Article for registration and change of |
address. |
If a voter who registers or changes address during this |
|
grace period wishes to vote at the first election or primary |
occurring during after the grace period, he or she must do so |
by grace period voting. The election authority shall offer |
in-person grace period voting at the authority's office , and |
any permanent polling place established under Section 19A-10, |
and at any other early voting site beginning 15 days prior to |
the election, at a polling place on election day, where grace |
period registration is required by this Section; and may offer |
in-person grace period voting at additional hours and locations |
specifically designated for the purpose of grace period voting |
by the election authority. The election authority may allow |
grace period voting by mail only if the election authority has |
no ballots prepared at the authority's office. Grace period |
voting shall be in a manner substantially similar to voting |
under Article 19A 19 . |
Within one day after a voter casts a grace period ballot, |
or within one day after the ballot is received by the election |
authority if the election authority allows grace period voting |
by mail, the election authority shall transmit by electronic |
means pursuant to a process established by the State Board of |
Elections the voter's name, street address, e-mail address, and |
precinct, ward, township, and district numbers, as the case may |
be, to the State Board of Elections, which shall maintain those |
names and that information in an electronic format on its |
website, arranged by county and accessible to State and local |
political committees. The name of each person issued a grace |
|
period ballot shall also be placed on the appropriate precinct |
list of persons to whom vote by mail absentee and early ballots |
have been issued, for use as provided in Sections 17-9 and |
18-5. |
A person who casts a grace period ballot shall not be |
permitted to revoke that ballot and vote another ballot with |
respect to that primary or election. Ballots cast by persons |
who register or change address during the grace period at a |
location other than their designated polling place on election |
day must be transmitted to and counted at the election |
authority's central ballot counting location and shall not be |
transmitted to and counted at precinct polling places.
The |
grace period ballots determined to be valid shall be added to |
the vote totals for the precincts for which they were cast in |
the order in which the ballots were opened. |
In counties with a population of less than 100,000 that do |
not have electronic poll books, the election authority may opt |
out of registration in the polling place if the election |
authority establishes grace period registration and voting at |
other sites on election day at the following sites: (i) the |
election authority's main office and (ii) a polling place in |
each municipality where 20% or more of the county's residents |
reside if the election authority's main office is not located |
in that municipality. The election authority may establish |
other grace period registration and voting sites on election |
day provided that the election authority has met the notice |
|
requirements of Section 19A-25 for permanent and temporary |
early voting sites.
|
(Source: P.A. 97-766, eff. 7-6-12; 98-115, eff. 7-29-13; |
98-691, eff. 7-1-14.)
|
(10 ILCS 5/4-105)
|
Sec. 4-105. First time voting. A person must vote for the |
first time in person and not by a vote by mail mailed absentee |
ballot if the person registered to vote by mail, unless the |
person first provides the appropriate election authority with |
sufficient proof of identity and the election authority |
verifies the person's proof of identity. Sufficient proof of |
identity shall be demonstrated by submission of the person's |
driver's license number or State identification card number or, |
if the person does not have either of those, verification by |
the last 4 digits of the person's social security number, a |
copy of a current and valid photo identification, or a copy of |
a current utility bill, bank statement, paycheck, government |
check, or other federal, State, or local government document |
that shows the person's name and address. A person may also |
demonstrate sufficient proof of identity by submission of a |
photo identification issued by a college or university |
accompanied by either a copy of the applicant's contract or |
lease for a residence or any postmarked mail delivered to the |
applicant at his or her current residence address. Persons who |
apply to register to vote by mail but provide inadequate proof |
|
of identity to the election authority shall be notified by the |
election authority that the registration has not been fully |
completed and that the person remains ineligible to vote by |
mail or in person until such proof is presented.
|
(Source: P.A. 95-699, eff. 11-9-07; 96-317, eff. 1-1-10.)
|
(10 ILCS 5/5-9) (from Ch. 46, par. 5-9)
|
Sec. 5-9.
Except as herein provided, no person shall be |
registered
unless he applies in person to registration officer, |
answers such
relevant questions as may be asked of him by the |
registration officer,
and executes the affidavit of |
registration. The registration officer shall
require the |
applicant to furnish two forms of identification, and except in |
the
case of a homeless individual, one of which must include |
his or her residence
address. These forms of identification |
shall include, but not be limited to,
any of the following: |
driver's license, social security card, public aid
|
identification card, utility bill, employee or student |
identification card,
lease or contract for a residence, credit |
card, or a civic, union or professional association membership |
card.
The registration officer shall require a homeless |
individual to furnish
evidence of his or her use of the mailing |
address stated. This use may be
demonstrated by a piece of mail |
addressed to that individual and received at
that address or by |
a statement from a person authorizing use of the mailing
|
address. The registration officer shall require each applicant |
|
for registration
to read or have read to him the affidavit of |
registration before permitting him
to execute the affidavit.
|
One of the Deputy Registrars, the Judge of Registration, or |
an
Officer of Registration, County Clerk, or clerk in the |
office of the
County Clerk, shall administer to all persons who |
shall personally apply
to register the following oath or |
affirmation:
|
"You do solemnly swear (or affirm) that you will fully and |
truly
answer all such questions as shall be put to you touching |
your place of
residence, name, place of birth, your |
qualifications as an elector and
your right as such to register |
and vote under the laws of the State of
Illinois."
|
The Registration Officer shall satisfy himself that each |
applicant
for registration is qualified to register before |
registering him. If the
registration officer has reason to |
believe that the applicant is a resident
of a Soldiers' and |
Sailors' Home or any facility which is licensed or certified
|
pursuant to the Nursing Home Care Act, the Specialized Mental |
Health Rehabilitation Act of 2013, or the ID/DD Community Care |
Act, the following question shall be put,
"When you entered the |
home which is your present address, was it your bona fide
|
intention to become a resident thereof?" Any voter of a |
township, city,
village or incorporated town in which such |
applicant resides, shall be
permitted to be present at the |
place of precinct registration, and shall have
the right to |
challenge any applicant who applies to be registered.
|
|
In case the officer is not satisfied that the applicant is |
qualified,
he shall forthwith in writing notify such applicant |
to appear before the
County Clerk to furnish further proof of |
his qualifications. Upon the
card of such applicant shall be |
written the word "Incomplete" and no
such applicant shall be |
permitted to vote unless such registration is
satisfactorily |
completed as hereinafter provided. No registration shall
be |
taken and marked as "incomplete" if information to complete it |
can be
furnished on the date of the original application.
|
Any person claiming to be an elector in any election |
precinct in such
township, city, village or incorporated town |
and whose registration is
marked "Incomplete" may make and sign |
an application in writing, under
oath, to the County Clerk in |
substance in the following form:
|
"I do solemnly swear that I, .........., did on (insert |
date) make application to the Board of Registry of the ........
|
precinct of ........ ward of the City of .... or of the |
......... District
......... Town of .......... (or to the |
County Clerk of .............) and
............ County; that |
said Board or Clerk refused to complete my
registration as a |
qualified voter in said precinct, that I reside in said
|
precinct (or that I intend to reside in said precinct), am a |
duly qualified
voter and entitled to vote in said precinct at |
the next election.
|
...........................
|
(Signature of Applicant)"
|
|
All such applications shall be presented to the County |
Clerk by the
applicant, in person between the hours of nine |
o'clock a.m. and five
o'clock p.m., on Monday and Tuesday of |
the third week subsequent to
the weeks in which the 1961 and |
1962 precinct re-registrations are to be
held, and thereafter |
for the registration provided in Section 5-17 of
this Article, |
all such applications shall be presented to the County
Clerk by |
the applicant in person between the hours of nine o'clock a.m.
|
and nine o'clock p.m. on Monday and Tuesday of the third week
|
prior to the date on which such election is to be held.
|
Any otherwise qualified person who is absent from his |
county of
residence either due to business of the United States |
or because he is
temporarily outside the territorial limits of |
the United States may
become registered by mailing an |
application to the county clerk within
the periods of |
registration provided for in this Article or by simultaneous
|
application for absentee registration by mail and vote by mail |
absentee ballot as provided in
Article 20 of this Code.
|
Upon receipt of such application the county clerk shall |
immediately
mail an affidavit of registration in duplicate, |
which affidavit shall
contain the following and such other |
information as the State Board of
Elections may think it proper |
to require for the identification of the
applicant:
|
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, 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 information as may be necessary,
including post office |
mailing address.
|
Electronic mail address, if the registrant has provided |
this information. |
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.
|
Age. Date of birth, by month, day and year.
|
Out of State address of ..........................
|
AFFIDAVIT OF REGISTRATION
|
State of .........)
|
)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 for 6 months and in the |
election precinct 30 days; that I am
fully qualified to vote, |
that I am not registered to vote anywhere else
in the United |
States, that I intend to remain a resident of the State of
|
Illinois and of the election precinct, that I intend to return |
to the State
of Illinois, and that the above statements are |
true.
|
..............................
|
(His or her signature or mark)
|
Subscribed and sworn to before me, an officer qualified to |
administer
oaths, on (insert date).
|
........................................
|
Signature of officer administering oath.
|
Upon receipt of the executed duplicate affidavit of |
Registration, the
county clerk shall transfer the information |
contained thereon to
duplicate Registration Cards provided for |
in Section 5-7 of this Article
and shall attach thereto a copy |
of each of the duplicate affidavit of
registration and |
thereafter such registration card and affidavit shall
|
constitute the registration of such person the same as if he |
had applied
for registration in person.
|
(Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-813, |
eff. 7-13-12; 98-104, eff. 7-22-13; 98-115, eff. 10-1-13; |
98-756, eff. 7-16-14.)
|
|
(10 ILCS 5/5-16.3) (from Ch. 46, par. 5-16.3)
|
Sec. 5-16.3.
The county clerk may establish temporary |
places of
registration for such times and at such locations |
within the county as the
county clerk may select. However, no |
temporary place of
registration may be in operation during the
|
27 days preceding an election. Notice
of time and place of |
registration at any such temporary place of
registration under |
this Section shall be published by the county
clerk in a |
newspaper having a general circulation in the county not less
|
than 3 nor more than 15 days before the holding of such |
registration.
|
Temporary places of registration shall be established so |
that the
areas of concentration of population or use by the |
public are served,
whether by facilities provided in places of |
private business or in
public buildings or in mobile units. |
Areas which may be designated as
temporary places of |
registration include, but are not limited to, facilities
|
licensed or certified pursuant to the Nursing Home Care Act, |
the Specialized Mental Health Rehabilitation Act of 2013, or |
the ID/DD Community Care Act,
Soldiers' and Sailors' Homes,
|
shopping centers, business districts, public buildings and |
county fairs.
|
Temporary places of registration shall be available to the |
public not
less than 2 hours per year for each 1,000 population |
or fraction thereof
in the county.
|
All temporary places of registration shall be manned by |
|
deputy county
clerks or deputy registrars appointed pursuant to |
Section 5-16.2.
|
(Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-813, |
eff. 7-13-12; 98-104, eff. 7-22-13.)
|
(10 ILCS 5/5-50) |
Sec. 5-50. Grace period. Notwithstanding any other |
provision of this
Code to the contrary, each election authority |
shall
establish procedures for the registration of voters and |
for change of address during the period from the close of
|
registration for an a primary or election and until and |
including the 3rd day of the before the
primary or election , |
except that during the 2014 general election the period shall |
extend until the polls close on election day . During this grace |
period, an unregistered qualified
elector may
register to vote, |
and a registered voter may submit a change of address form, in |
person in the office of the election
authority , at a permanent |
polling place established under Section 19A-10, at any other |
early voting site beginning 15 days prior to the election, at a |
polling place on election day, or at a voter registration |
location specifically designated for this
purpose by the |
election authority. During the 2014 general election, an |
unregistered qualified elector may register to vote, and a |
registered voter may submit a change of address form, in person |
at any permanent polling place for early voting established |
pursuant to Section 19A-10 through election day. The election |
|
authority shall
register that individual, or change a |
registered voter's address, in the same manner as otherwise |
provided by this Article for registration and change of |
address. |
If a voter who registers or changes address during this |
grace period wishes to vote at the first election or primary |
occurring during after the grace period, he or she must do so |
by grace period voting. The election authority shall offer |
in-person grace period voting at his or her office , and any |
permanent polling place established under Section 19A-10, and |
at any other early voting site beginning 15 days prior to the |
election, at a polling place on election day, where grace |
period registration is required by this Section; and may offer |
in-person grace period voting at additional hours and locations |
specifically designated for the purpose of grace period voting |
by the election authority. The election authority may allow |
grace period voting by mail only if the election authority has |
no ballots prepared at the authority's office. Grace period |
voting shall be in a manner substantially similar to voting |
under Article 19A 19 . |
Within one day after a voter casts a grace period ballot, |
or within one day after the ballot is received by the election |
authority if the election authority allows grace period voting |
by mail, the election authority shall transmit by electronic |
means pursuant to a process established by the State Board of |
Elections the voter's name, street address, e-mail address, and |
|
precinct, ward, township, and district numbers, as the case may |
be, to the State Board of Elections, which shall maintain those |
names and that information in an electronic format on its |
website, arranged by county and accessible to State and local |
political committees. The name of each person issued a grace |
period ballot shall also be placed on the appropriate precinct |
list of persons to whom vote by mail absentee and early ballots |
have been issued, for use as provided in Sections 17-9 and |
18-5. |
A person who casts a grace period ballot shall not be |
permitted to revoke that ballot and vote another ballot with |
respect to that primary or election. Ballots cast by persons |
who register or change address during the grace period at a |
location other than their designated polling place on election |
day must be transmitted to and counted at the election |
authority's central ballot counting location and shall not be |
transmitted to and counted at precinct polling places. The |
grace period ballots determined to be valid shall be added to |
the vote totals for the precincts for which they were cast in |
the order in which the ballots were opened.
|
In counties with a population of less than 100,000 that do |
not have electronic poll books, the election authority may opt |
out of registration in the polling place if the election |
authority establishes grace period registration and voting at |
other sites on election day at the following sites: (i) the |
election authority's main office and (ii) a polling place in |
|
each municipality where 20% or more of the county's residents |
reside if the election authority's main office is not located |
in that municipality. The election authority may establish |
other grace period registration and voting sites on election |
day provided that the election authority has met the notice |
requirements of Section 19A-25 for permanent and temporary |
early voting sites.
|
(Source: P.A. 97-766, eff. 7-6-12; 98-115, eff. 7-29-13; |
98-691, eff. 7-1-14.)
|
(10 ILCS 5/5-105)
|
Sec. 5-105. First time voting. A person must vote for the |
first time in person and not by a vote by mail mailed absentee |
ballot if the person registered to vote by mail, unless the |
person first provides the appropriate election authority with |
sufficient proof of identity and the election authority |
verifies the person's proof of identity. Sufficient proof of |
identity shall be demonstrated by submission of the person's |
driver's license number or State identification card number or, |
if the person does not have either of those, verification by |
the last 4 digits of the person's social security number, a |
copy of a current and valid photo identification, or a copy of |
a current utility bill, bank statement, paycheck, government |
check, or other federal, State, or local government document |
that shows the person's name and address. A person may also |
demonstrate sufficient proof of identity by submission of a |
|
photo identification issued by a college or university |
accompanied by either a copy of the applicant's contract or |
lease for a residence or any postmarked mail delivered to the |
applicant at his or her current residence address. Persons who |
apply to register to vote by mail but provide inadequate proof |
of identity to the election authority shall be notified by the |
election authority that the registration has not been fully |
completed and that the person remains ineligible to vote by |
mail or in person until such proof is presented.
|
(Source: P.A. 95-699, eff. 11-9-07; 96-317, eff. 1-1-10.)
|
(10 ILCS 5/6-29) (from Ch. 46, par. 6-29)
|
Sec. 6-29.
For the purpose of registering voters under this |
Article,
the office of the Board of Election Commissioners |
shall be open during
ordinary business hours of each week day, |
from 9 a.m. to 12 o'clock noon
on the last four Saturdays |
immediately preceding the end of the period
of registration |
preceding each election, and such other days and such
other |
times as the board may direct. During the 27 days immediately
|
preceding any election there shall be no registration of voters |
at the
office of the Board of Election Commissioners in cities, |
villages and
incorporated towns of fewer than 200,000 |
inhabitants. In cities,
villages and incorporated towns of |
200,000 or more inhabitants, there
shall be no registration of |
voters at the office of the Board of
Election Commissioners |
during the 35 days immediately preceding any
election; |
|
provided, however, where no precinct registration is being
|
conducted prior to any election then registration may be taken |
in the
office of the Board up to and including the 28th day |
prior to such
election. The Board of Election Commissioners may |
set up and establish
as many branch offices for the purpose of |
taking registrations as it may
deem necessary, and the branch |
offices may be open on any or all dates
and hours during which |
registrations may be taken in the main office.
All officers and |
employees of the Board of Election Commissioners who
are |
authorized by such board to take registrations under this |
Article
shall be considered officers of the circuit court, and |
shall be subject
to the same control as is provided by Section |
14-5 of this Act with
respect to judges of election.
|
In any election called for the submission of the revision |
or
alteration of, or the amendments to the Constitution, |
submitted by a
Constitutional Convention, the final day for |
registration at the office
of the election authority charged |
with the printing of the ballot of
this election shall be the |
15th day prior to the date of election.
|
The Board of Election Commissioners shall appoint one or |
more
registration teams, consisting of 2 of its employees for |
each team, for
the purpose of accepting the registration of any |
voter who files an
affidavit, within the period for taking |
registrations provided for in
this Article, that he is |
physically unable to appear at the office of
the Board or at |
any appointed place of registration. On the day or days
when a |
|
precinct registration is being conducted such teams shall |
consist
of one member from each of the 2 leading political |
parties who are
serving on the Precinct Registration Board. |
Each team so designated
shall visit each disabled person and |
shall accept the registration of
such person the same as if he |
had applied for registration in person.
|
Any otherwise qualified person who is absent from his |
county of
residence due to business of the United States, or |
who is temporarily residing
outside the territorial limits of |
the United
States, may make application to become registered by |
mail to the Board
of Election Commissioners within the periods |
for registration provided
for in this Article or by |
simultaneous application for absentee registration by mail
and |
vote by mail absentee ballot as provided in Article 20 of this |
Code.
|
Upon receipt of such application the Board of Election |
Commissioners
shall immediately mail an affidavit of |
registration in duplicate, which
affidavit shall contain the |
following and such other information as the
State Board of |
Elections may think it proper to require for the
identification |
of the applicant:
|
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, 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 information as may be necessary,
including post office |
mailing address.
|
Electronic mail address, if the registrant has provided |
this information. |
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.
|
Age. Date of birth, by month, day and year.
|
Out of State address of ..................
|
AFFIDAVIT OF REGISTRATION
|
State of .........)
|
) 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; that I am fully
qualified to vote, that I am |
|
not registered to vote anywhere else in the
United States, that |
I intend to remain a resident of the State of
Illinois, and of |
the election precinct, that I intend to return to the State
of |
Illinois, and that the
above statements are true.
|
..............................
|
(His or her signature or mark)
|
Subscribed and sworn to before me, an officer qualified to |
administer
oaths, on (insert date).
|
........................................
|
Signature of officer administering oath.
|
Upon receipt of the executed duplicate affidavit of |
Registration, the
Board of Election Commissioners shall |
transfer the information contained
thereon to duplicate |
Registration Cards provided for in Section 6-35 of
this Article |
and shall attach thereto a copy of each of the duplicate
|
affidavit of registration and thereafter such registration |
card and
affidavit shall constitute the registration of such |
person the same as
if he had applied for registration in |
person.
|
(Source: P.A. 98-115, eff. 10-1-13.)
|
(10 ILCS 5/6-50.3) (from Ch. 46, par. 6-50.3)
|
Sec. 6-50.3.
The board of election commissioners may |
establish
temporary places of registration for such times and |
at such locations as
the board may select. However, no |
temporary place of registration
may be in operation during the |
|
27 days preceding an election.
Notice of the time and place of |
registration at any such temporary place of
registration under |
this Section shall be published by the board of election
|
commissioners in a newspaper having a general circulation in |
the city, village
or incorporated town not less than 3 nor more |
than 15 days before the holding
of such registration.
|
Temporary places of registration shall be established so |
that the
areas of concentration of population or use by the |
public are served,
whether by facilities provided in places of |
private business or in
public buildings or in mobile units. |
Areas which may be designated as
temporary places of |
registration include, but are not limited to, facilities
|
licensed or certified pursuant to the Nursing Home Care Act, |
the Specialized Mental Health Rehabilitation Act of 2013, or |
the ID/DD Community Care Act,
Soldiers' and Sailors' Homes,
|
shopping centers, business districts, public buildings and |
county fairs.
|
Temporary places of registration shall be available to the |
public not
less than 2 hours per year for each 1,000 population |
or fraction thereof
in the county.
|
All temporary places of registration shall be manned by |
employees of the
board of election commissioners or deputy |
registrars appointed pursuant
to Section 6-50.2.
|
(Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-813, |
eff. 7-13-12; 98-104, eff. 7-22-13.)
|
|
(10 ILCS 5/6-100) |
Sec. 6-100. Grace period. Notwithstanding any other |
provision of this
Code to the contrary, each election authority |
shall
establish procedures for the registration of voters and |
for change of address during the period from the close of
|
registration for an a primary or election and until and |
including the 3rd day of the before the
primary or election , |
except that during the 2014 general election the period shall |
extend until the polls close on election day . During this grace |
period, an unregistered qualified
elector may
register to vote, |
and a registered voter may submit a change of address form, in |
person in the office of the election
authority , at a permanent |
polling place established under Section 19A-10, at any other |
early voting site beginning 15 days prior to the election, at a |
polling place on election day, or at a voter registration |
location specifically designated for this
purpose by the |
election authority. During the 2014 general election, an |
unregistered qualified elector may register to vote, and a |
registered voter may submit a change of address form, in person |
at any permanent polling place for early voting established |
pursuant to Section 19A-10 through election day. The election |
authority shall
register that individual, or change a |
registered voter's address, in the same manner as otherwise |
provided by this Article for registration and change of |
address. |
If a voter who registers or changes address during this |
|
grace period wishes to vote at the first election or primary |
occurring during after the grace period. The election authority |
shall offer in-person grace period voting at the authority's |
office , and any permanent polling place established under |
Section 19A-10, and at any other early voting site beginning 15 |
days prior to the election, at a polling place on election day, |
where grace period registration is required by this Section; |
and may offer in-person grace period voting at additional hours |
and locations specifically designated for the purpose of grace |
period voting by the election authority. The election authority |
may allow grace period voting by mail only if the election |
authority has no ballots prepared at the authority's office. |
Grace period voting shall be in a manner substantially similar |
to voting under Article 19A 19 . |
Within one day after a voter casts a grace period ballot, |
or within one day after the ballot is received by the election |
authority if the election authority allows grace period voting |
by mail, the election authority shall transmit by electronic |
means pursuant to a process established by the State Board of |
Elections the voter's name, street address, e-mail address, and |
precinct, ward, township, and district numbers, as the case may |
be, to the State Board of Elections, which shall maintain those |
names and that information in an electronic format on its |
website, arranged by county and accessible to State and local |
political committees. The name of each person issued a grace |
period ballot shall also be placed on the appropriate precinct |
|
list of persons to whom vote by mail absentee and early ballots |
have been issued, for use as provided in Sections 17-9 and |
18-5. |
A person who casts a grace period ballot shall not be |
permitted to revoke that ballot and vote another ballot with |
respect to that primary or election. Ballots cast by persons |
who register or change address during the grace period at a |
location other than their designated polling place on election |
day must be transmitted to and counted at the election |
authority's central ballot counting location and shall not be |
transmitted to and counted at precinct polling places. The |
grace period ballots determined to be valid shall be added to |
the vote totals for the precincts for which they were cast in |
the order in which the ballots were opened. |
In counties with a population of less than 100,000 that do |
not have electronic poll books, the election authority may opt |
out of registration in the polling place if the election |
authority establishes grace period registration and voting at |
other sites on election day at the following sites: (i) the |
election authority's main office and (ii) a polling place in |
each municipality where 20% or more of the county's residents |
reside if the election authority's main office is not located |
in that municipality. The election authority may establish |
other grace period registration and voting sites on election |
day provided that the election authority has met the notice |
requirements of Section 19A-25 for permanent and temporary |
|
early voting sites.
|
(Source: P.A. 97-766, eff. 7-6-12; 98-115, eff. 7-29-13; |
98-691, eff. 7-1-14.)
|
(10 ILCS 5/6-105)
|
Sec. 6-105. First time voting. A person must vote for the |
first time in person and not by a vote by mail mailed absentee |
ballot if the person registered to vote by mail, unless the |
person first provides the appropriate election authority with |
sufficient proof of identity and the election authority |
verifies the person's proof of identity. Sufficient proof of |
identity shall be demonstrated by submission of the person's |
driver's license number or State identification card number or, |
if the person does not have either of those, verification by |
the last 4 digits of the person's social security number, a |
copy of a current and valid photo identification, or a copy of |
a current utility bill, bank statement, paycheck, government |
check, or other federal, State, or local government document |
that shows the person's name and address. A person may also |
demonstrate sufficient proof of identity by submission of a |
photo identification issued by a college or university |
accompanied by either a copy of the applicant's contract or |
lease for a residence or any postmarked mail delivered to the |
applicant at his or her current residence address. Persons who |
apply to register to vote by mail but provide inadequate proof |
of identity to the election authority shall be notified by the |
|
election authority that the registration has not been fully |
completed and that the person remains ineligible to vote by |
mail or in person until such proof is presented.
|
(Source: P.A. 95-699, eff. 11-9-07; 96-317, eff. 1-1-10.)
|
(10 ILCS 5/7-15) (from Ch. 46, par. 7-15)
|
Sec. 7-15. At least 60 days prior to each general and |
consolidated primary,
the election authority shall provide |
public notice, calculated to reach
elderly and handicapped |
voters, of the availability of registration and
voting aids |
under the Federal Voting Accessibility for the Elderly and
|
Handicapped Act, of the availability of assistance in marking |
the ballot,
procedures for voting by a vote by mail absentee |
ballot, and procedures for early
voting
by personal appearance.
|
At least 20 days before the general primary the county
clerk of |
each county, and not more than 30 nor less than 10 days before
|
the consolidated primary the election authority, shall prepare |
in the
manner provided in this Act, a notice of such primary |
which notice shall
state the time and place of holding the |
primary, the hours during which
the polls will be open, the |
offices for which candidates will be
nominated at such primary |
and the political parties entitled to
participate therein, |
notwithstanding that no candidate of any such
political party |
may be entitled to have his name printed on the primary
ballot. |
Such notice shall also include the list of addresses of
|
precinct polling places for the consolidated primary unless |
|
such list is
separately published by the election authority not |
less than 10 days
before the consolidated primary.
|
In counties, municipalities, or towns having fewer than |
500,000
inhabitants notice of the general primary shall be |
published once in two
or more newspapers published in the |
county, municipality or town, as the
case may be, or if there |
is no such newspaper, then in any two or more
newspapers |
published in the county and having a general circulation
|
throughout the community.
|
In counties, municipalities, or towns having 500,000 or |
more
inhabitants notice of the general primary shall be |
published at least 15
days prior to the primary by the same |
authorities and in the same manner
as notice of election for |
general elections are required to be published
in counties, |
municipalities or towns of 500,000 or more inhabitants
under |
this Act.
|
Notice of the consolidated primary shall be published once |
in one or
more newspapers published in each political |
subdivision having such
primary, and if there is no such |
newspaper, then published once in a
local, community newspaper |
having general circulation in the
subdivision, and also once in |
a newspaper published in the county
wherein the political |
subdivisions, or portions thereof, having such
primary are |
situated.
|
(Source: P.A. 94-645, eff. 8-22-05.)
|
|
(10 ILCS 5/7-34) (from Ch. 46, par. 7-34)
|
Sec. 7-34. Pollwatchers in a primary election shall be |
authorized in
the following manner:
|
(1) Each established political party shall be entitled to |
appoint
one pollwatcher per precinct. Such pollwatchers must be |
affiliated with
the political party for which they are |
pollwatching and must be a registered
voter in Illinois.
|
(2) Each candidate shall be entitled to appoint two |
pollwatchers per
precinct. For Federal, State, county, |
township, and municipal primary elections, the
pollwatchers |
must be registered to vote in Illinois.
|
(3) Each organization of citizens within the county or |
political
subdivision, which has among its purposes or |
interests the investigation
or prosecution of election frauds, |
and which shall have registered its
name and address and the |
names and addresses of its principal officers
with the proper |
election authority at least 40 days before the primary
|
election, shall be entitled to appoint one pollwatcher per |
precinct.
For all primary elections, the pollwatcher must be |
registered to vote in
Illinois.
|
(3.5) Each State nonpartisan civic organization within the |
county or political subdivision shall be entitled to appoint |
one pollwatcher per precinct, provided that no more than 2 |
pollwatchers appointed by State nonpartisan civic |
organizations shall be present in a precinct polling place at |
the same time. Each organization shall have registered the |
|
names and addresses of its principal officers with the proper |
election authority at least 40 days before the primary |
election. The pollwatchers must be registered to vote in |
Illinois. For the purpose of this paragraph, a "State |
nonpartisan civic organization" means any corporation, |
unincorporated association, or organization that: |
(i) as part of its written articles of incorporation, |
bylaws, or charter or by separate written declaration, has |
among its stated purposes the provision of voter |
information and education, the protection of individual |
voters' rights, and the promotion of free and equal |
elections; |
(ii) is organized or primarily conducts its activities |
within the State of Illinois; and |
(iii) continuously maintains an office or business |
location within the State of Illinois, together with a |
current listed telephone number (a post office box number |
without a current listed telephone number is not |
sufficient).
|
(4) Each organized group of proponents or opponents of a |
ballot
proposition, which shall have registered the name and |
address of its
organization or committee and the name and |
address of its 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)
|
Under penalties provided by law pursuant to Section 29-10 |
of the
Election Code, the undersigned pollwatcher certifies |
that he or she resides
at .............. (address) in the |
county of ........., ......... (township
or municipality) of |
.......... (name), State of Illinois, and is duly
registered to |
vote in Illinois.
|
........................... ..........................
|
(Precinct and/or Ward in (Signature of Pollwatcher)
|
Which Pollwatcher Resides)
|
Pollwatchers must present their credentials to the Judges |
of Election
upon entering the polling place. Pollwatcher |
credentials properly
executed and signed shall be proof of the |
qualifications of the
pollwatcher authorized thereby. Such |
credentials are retained by the
Judges and returned to the |
|
Election Authority at the end of the day of election
with the |
other election materials. Once a pollwatcher has surrendered a
|
valid credential, he may leave and reenter the polling place |
provided
that such continuing action does not disrupt the |
conduct of the election.
Pollwatchers may be substituted during |
the course of the day, but established
political parties, |
candidates, qualified civic organizations and proponents
and |
opponents of a ballot proposition can have only as many |
pollwatchers
at any given time as are authorized in this |
Article. A substitute must
present his signed credential to the |
judges of election upon entering the
polling place. Election |
authorities must provide a sufficient number of
credentials to |
allow for substitution of pollwatchers.
After the polls have |
closed, pollwatchers shall be allowed to
remain until the |
canvass of votes is completed; but may leave and
reenter only |
in cases of necessity, provided that such action is not so
|
continuous as to disrupt the canvass of votes.
|
Candidates seeking office in a district or municipality |
encompassing 2
or more counties shall be admitted to any and |
all polling places throughout
such district or municipality |
without regard to the counties in which such
candidates are |
registered to vote. Actions of such candidates shall be
|
governed in each polling place by the same privileges and |
limitations that
apply to pollwatchers as provided in this |
Section. Any such candidate who
engages in an activity in a |
polling place which could reasonably be
construed by a majority |
|
of the judges of election as campaign activity
shall be removed |
forthwith from such polling place.
|
Candidates seeking office in a district or municipality |
encompassing 2 or
more counties who desire to be admitted to |
polling places on election day
in such district or municipality |
shall be required to have proper
credentials. Such credentials |
shall be printed in sufficient quantities,
shall be issued by |
and under the facsimile signature of the
election authority of |
the election jurisdiction where the polling place in
which the |
candidate seeks admittance is located, and shall be available |
for
distribution at least 2 weeks prior to the election. Such |
credentials shall
be signed by the candidate.
|
Candidate credentials shall be in substantially the |
following form:
|
CANDIDATE CREDENTIALS
|
TO THE JUDGES OF ELECTION:
|
In accordance with the provisions of the Election Code, I |
...... (name of
candidate) hereby certify that I am a candidate |
for ....... (name of
office) and seek admittance to ....... |
precinct of the ....... ward (if
applicable) of the ....... |
(township or municipality) of ....... at the
....... election |
to be held on (insert date).
|
......................... .......................
|
(Signature of Candidate) OFFICE FOR WHICH
|
CANDIDATE SEEKS
|
|
NOMINATION OR
|
ELECTION
|
Pollwatchers shall be permitted to observe all proceedings |
and view all reasonably requested records relating
to the |
conduct of the election, provided the secrecy of the ballot is |
not impinged, and to station themselves in a position
in the |
voting room as will enable them to observe the judges making |
the
signature comparison between the voter application and the |
voter
registration record card; provided, however, that such |
pollwatchers
shall not be permitted to station themselves in |
such close proximity to
the judges of election so as to |
interfere with the orderly conduct of
the election and shall |
not, in any event, be permitted to handle
election materials. |
Pollwatchers may challenge for cause the voting
qualifications |
of a person offering to vote and may call to the
attention of |
the judges of election any incorrect procedure or apparent
|
violations of this Code.
|
If a majority of the judges of election determine that the |
polling
place has become too overcrowded with pollwatchers so |
as to interfere
with the orderly conduct of the election, the |
judges shall, by lot,
limit such pollwatchers to a reasonable |
number, except that each
candidate and each established or new |
political party shall be permitted
to have at least one |
pollwatcher present.
|
Representatives of an election authority, with regard to an |
|
election
under its jurisdiction, the State Board of Elections, |
and law
enforcement agencies, including but not limited to a |
United States
Attorney, a State's attorney, the Attorney |
General, and a State, county,
or local police department, in |
the performance of their official
election duties, shall be |
permitted at all times to enter and remain in
the polling |
place. Upon entering the polling place, such
representatives |
shall display their official credentials or other
|
identification to the judges of election.
|
Uniformed police officers assigned to polling place duty |
shall follow
all lawful instructions of the judges of election.
|
The provisions of this Section shall also apply to |
supervised casting of vote by mail
absentee ballots as provided |
in Section 19-12.2 of this Act.
|
(Source: P.A. 94-645, eff. 8-22-05; 95-267, eff. 8-17-07.)
|
(10 ILCS 5/10-7) (from Ch. 46, par. 10-7)
|
Sec. 10-7.
Any person whose name has been presented as a |
candidate , including nonpartisan and independent candidates,
|
may cause his name to be withdrawn from any such nomination by |
his
request in writing, signed by him and duly acknowledged |
before an
officer qualified to take acknowledgment of deeds, |
and presented to the
principal office or permanent branch |
office of the Board, the election
authority, or the local |
election official, as the case may be, not later
than the date |
for certification of candidates for the ballot. No name so
|
|
withdrawn shall be printed upon the ballots under the party |
appellation or
title from which the candidate has withdrawn his |
name. If such a request for withdrawal is received after the |
date for certification of the candidates for the ballot, then |
the votes cast for the withdrawn candidate are invalid and |
shall not be reported by the election authority. If the name of |
the
same person has been presented as a candidate for 2 or more |
offices which
are incompatible so that the same person could |
not serve in more than one
of such offices if elected, that |
person must withdraw as a candidate for
all but one of such |
offices within the 5 business days following the last
day for |
petition filing. If he fails to withdraw as a candidate for all
|
but one of such offices within such time, his name shall not be |
certified,
nor printed on the ballot, for any office. However, |
nothing in this section
shall be construed as precluding a |
judge who is seeking retention in office
from also being a |
candidate for another judicial office. Except as
otherwise |
herein provided, in case the certificate of nomination or
|
petition as provided for in this Article shall contain or |
exhibit the name
of any candidate for any office upon more than |
one of said certificates or
petitions (for the same office), |
then and in that case the Board or
election authority or local |
election official, as the case may be, shall
immediately notify |
said candidate of said fact and that his name appears
|
unlawfully upon more than one of said certificates or petitions |
and that
within 3 days from the receipt of said notification, |
|
said candidate must
elect as to which of said political party |
appellations or groups he desires
his name to appear and remain |
under upon said ballot, and if said candidate
refuses, fails or |
neglects to make such election, then and in that case the
Board |
or election authority or local election official, as the case |
may be,
shall permit the name of said candidate to appear or be |
printed or placed
upon said ballot only under the political |
party appellation or group
appearing on the certificate of |
nomination or petition, as the case may be,
first filed, and |
shall strike or cause to be stricken the name of said
candidate |
from all certificates of nomination and petitions
filed after |
the first such certificate of nomination or petition.
|
Whenever the name of a candidate for an office is withdrawn |
from a new
political party petition, it shall constitute a |
vacancy in nomination for
that office which may be filled in |
accordance with Section 10-11 of this
Article; provided, that |
if the names of all candidates for all offices on
a new |
political party petition are withdrawn or such petition is |
declared
invalid by an electoral board or upon judicial review, |
no vacancies in
nomination for those offices shall exist and |
the filing of any notice or
resolution purporting to fill |
vacancies in nomination shall have no legal effect.
|
Whenever the name of an independent candidate for an office |
is withdrawn
or an independent candidate's petition is declared |
invalid by an electoral
board or upon judicial review, no |
vacancy in nomination for that office
shall exist and the |
|
filing of any notice or resolution purporting to fill
a vacancy |
in nomination shall have no legal effect.
|
All certificates of nomination and nomination papers when |
presented or
filed shall be open, under proper regulation, to |
public inspection, and the
State Board of Elections and the |
several election authorities and local
election officials |
having charge of nomination papers shall preserve the
same in |
their respective offices not less than 6 months.
|
(Source: P.A. 98-115, eff. 7-29-13.)
|
(10 ILCS 5/10-9) (from Ch. 46, par. 10-9)
|
Sec. 10-9. The following electoral boards are designated |
for the
purpose of hearing and passing upon the objector's |
petition described in
Section 10-8.
|
1. The State Board of Elections will hear and pass upon |
objections
to the nominations of candidates for State |
offices,
nominations of candidates for congressional or , |
legislative offices that are in more than one county or are |
wholly located within a single county with a population of |
less than 3,000,000 and judicial
offices of districts, |
subcircuits, or circuits situated in more than one county, |
nominations
of candidates for the offices of State's |
attorney or regional superintendent
of schools to be |
elected from more than one county, and petitions for
|
proposed amendments to the Constitution of the State of |
Illinois as
provided for in Section 3 of Article XIV of the |
|
Constitution.
|
2. The county officers electoral board of a county with |
a population of less than 3,000,000 to hear and pass upon
|
objections to the nominations of candidates for county |
offices ,
for congressional, legislative and judicial |
offices of a district, subcircuit, or
circuit coterminous |
with or less than a county, for any school district |
offices, for the office of multi-township assessor where |
candidates for
such office are nominated in accordance with |
this Code, and for all special
district offices, shall be |
composed of the county clerk, or an assistant
designated by |
the county clerk, the State's attorney of the county or
an |
Assistant State's Attorney designated by the State's |
Attorney, and the
clerk of the circuit court, or an |
assistant designated by the clerk of
the circuit court, of |
the county, of whom the county clerk or his designee
shall |
be the chairman, except that in any county which has |
established a
county board of election commissioners that |
board
shall constitute the county officers electoral board |
ex-officio. If a school district is located in 2 or more |
counties, the county officers electoral board of the county |
in which the principal office of the school district is |
located shall hear and pass upon objections to nominations |
of candidates for school district office in that school |
district.
|
2.5. The county officers electoral board of a county |
|
with a population of 3,000,000 or more to hear and
pass |
upon objections to the nominations of candidates for county |
offices, candidates for congressional and legislative |
offices if the district is wholly within a county with a |
population of 3,000,000 or more, unless the district is |
wholly or partially within the jurisdiction of a municipal |
board of election commissioners, and judicial offices of a |
district, subcircuit, or circuit coterminous with or less |
than a county, for any school district offices, for the |
office of multi-township assessor where candidates for |
such office are nominated in accordance with this Code, and |
for all special district offices, shall be composed of the |
county clerk, or an assistant designated by the county |
clerk, the State's Attorney of the county or an Assistant |
State's Attorney designated by the State's Attorney, and |
the clerk of the circuit court, or an assistant designated |
by the clerk of the circuit court, of the county, of whom |
the county clerk or his designee shall be the chairman, |
except that, in any county which has established a county |
board of election commissioners, that board shall |
constitute the county officers electoral board ex-officio. |
If a school district is located in 2 or more counties, the |
county officers electoral board of the county in which the |
principal office of the school district is located shall |
hear and pass upon objections to nominations of candidates |
for school district office in that school district. |
|
3. The municipal officers electoral board to hear and |
pass upon
objections to the nominations of candidates for |
officers of
municipalities shall be composed of the mayor |
or president of the board
of trustees of the city, village |
or incorporated town, and the city,
village or incorporated |
town clerk, and one member of the city council
or board of |
trustees, that member being designated who is eligible to
|
serve on the electoral board and has served the
greatest |
number of years as a member of the city council or board of
|
trustees, of whom the mayor or president of the board of |
trustees shall
be the chairman.
|
4. The township officers electoral board to pass upon |
objections to
the nominations of township officers shall be |
composed of the township
supervisor, the town clerk, and |
that eligible town trustee elected in the
township who has |
had the longest term of continuous service as town
trustee, |
of whom the township supervisor shall be the chairman.
|
5. The education officers electoral board to hear and |
pass upon
objections to the nominations of candidates for |
offices in
community college districts shall be composed of |
the presiding officer of
the community college district |
board, who shall be the chairman,
the secretary of the |
community college district board and the
eligible elected |
community college board member who has the
longest term of |
continuous service as a board member.
|
6. In all cases, however, where the Congressional, |
|
Legislative, or Representative
district is wholly or |
partially within the jurisdiction of a single municipal |
board of election
commissioners in Cook County and in all |
cases where the school district or special
district is |
wholly within the jurisdiction of a municipal board of
|
election commissioners and in all cases where the |
municipality or
township is wholly or partially within the |
jurisdiction of a municipal
board of election |
commissioners, the board of election commissioners
shall |
ex-officio constitute the electoral board.
|
For special districts situated in more than one county, the |
county officers
electoral board of the county in which the |
principal office of the district
is located has jurisdiction to |
hear and pass upon objections. For purposes
of this Section, |
"special districts" means all political subdivisions other
|
than counties, municipalities, townships and school and |
community college
districts.
|
In the event that any member of the appropriate board is a |
candidate
for the office with relation to which the objector's |
petition is filed,
he shall not be eligible to serve on that |
board and shall not act as
a member of the board and his place |
shall be filled as follows:
|
a. In the county officers electoral board by the county
|
treasurer, and if he or she is ineligible to serve, by the |
sheriff of the
county.
|
b. In the municipal officers electoral board by the |
|
eligible
elected city council or board of trustees member |
who has served the second
greatest number of years as a |
city council or board of trustees member.
|
c. In the township officers electoral board by the |
eligible
elected town trustee who has had the second |
longest term of continuous service
as a town trustee.
|
d. In the education officers electoral board by the |
eligible
elected community college district board member |
who has had the
second longest term of continuous service |
as a board member.
|
In the event that the chairman of the electoral board is |
ineligible
to act because of the fact that he or she is a |
candidate for the office with
relation to which the objector's |
petition is filed, then the substitute
chosen under the |
provisions of this Section shall be the chairman; In
this case, |
the officer or board with whom the objector's petition is
|
filed, shall transmit the certificate of nomination or |
nomination papers
as the case may be, and the objector's |
petition to the substitute
chairman of the electoral board.
|
When 2 or more eligible individuals, by reason of their |
terms of service
on a city council or board of trustees, |
township board of
trustees, or community college district |
board, qualify to serve
on an electoral board, the one to serve |
shall be chosen by lot.
|
Any vacancies on an electoral board not otherwise filled |
pursuant to this
Section shall be filled by public members |
|
appointed by the Chief Judge of
the Circuit Court for the |
county wherein the electoral board hearing is
being held upon |
notification to the Chief Judge of such
vacancies. The Chief |
Judge shall be so notified by a member of the electoral
board |
or the officer or board with whom the objector's petition was |
filed.
In the event that none of the individuals designated by |
this Section to
serve on the electoral board are eligible, the |
chairman of an electoral
board shall be designated by the Chief |
Judge.
|
(Source: P.A. 98-115, eff. 7-29-13.)
|
(10 ILCS 5/11-4.1) (from Ch. 46, par. 11-4.1)
|
Sec. 11-4.1. (a) In appointing polling places under this |
Article, the
county board or board of election commissioners |
shall, insofar as they are
convenient and available, use |
schools and other public buildings as polling
places.
|
(b) Upon request of the county board or board of election |
commissioners,
the proper agency of government (including |
school districts and units of
local government) shall make a |
public building under its control available
for use as a |
polling place on an election day and for a reasonably
necessary |
time before and after election day, without charge.
If the |
county board or board of election commissioners chooses a |
school
to be a polling place, then the school district must |
make the school
available for use as a polling place.
However, |
for the day of the election, a school district is encouraged to |
|
(i) close the school or (ii) hold a teachers institute on that |
day with students not in attendance.
|
(c) A government agency which makes a public building under |
its
control available for use as a polling place shall (i) |
ensure the portion of
the building to be used as the polling |
place is accessible to handicapped
and elderly voters and (ii) |
allow the election authority to administer the election as |
authorized under this Code.
|
(d) If a qualified elector's precinct polling place is a |
school and the elector will be unable to enter that polling |
place without violating Section 11-9.3 of the Criminal Code of |
2012 because the elector is a child sex offender as defined in |
Section 11-9.3 of the Criminal Code of 2012, that elector may |
vote by a vote by mail absentee ballot in accordance with |
Article 19 of this Code or may vote early in accordance with |
Article 19A of this Code. |
(Source: P.A. 97-1150, eff. 1-25-13; 98-773, eff. 7-18-14.)
|
(10 ILCS 5/11-7) (from Ch. 46, par. 11-7)
|
Sec. 11-7.
For the purpose of the conduct of any |
consolidated election,
consolidated primary election, special
|
municipal primary election or emergency referendum, an |
election
authority may cluster up to four contiguous precincts |
as provided in
this Section, which shall constitute a clustered |
voting zone. The
common polling place for the clustered voting |
zone shall be located
within the territory comprising the |
|
clustered precincts. Unless the election
authority specifies a |
larger number, only one election judge shall be appointed
for |
each of the precincts in each clustered voting zone.
|
The judges so appointed may not all be affiliated with the |
same
political party.
|
The conduct of an election in a clustered voting zone shall |
be under
the general supervision of all the judges of election |
designated to
serve in the clustered voting zone. The |
designated judges may perform
the duties of election judges for |
the entire clustered voting zone.
However, the requirements of |
Section 17-14 shall apply to voter
assistance, the requirements |
of Section 24-10 shall apply to voter
instruction, the |
requirement of Section 24A-10 shall apply to
examination of |
vote by mail absentee ballots, and any disputes as to |
entitlement to
vote, challenges, counting of ballots or other |
matters pertaining
directly to voting shall be decided by those |
designated judges appointed
for the precinct in which the |
affected voter resides or the disputed
vote is to be counted.
|
This Section does not apply to any elections in |
municipalities with more
than 1,000,000 inhabitants.
|
(Source: P.A. 90-358, eff. 1-1-98.)
|
(10 ILCS 5/12-1) (from Ch. 46, par. 12-1)
|
Sec. 12-1. At least 60 days prior to each general and |
consolidated election,
the election authority shall provide |
public notice, calculated to reach
elderly and handicapped |
|
voters, of the availability of registration and
voting aids |
under the Federal Voting Accessibility for the Elderly and
|
Handicapped Act, of the availability of assistance in marking |
the ballot,
procedures for voting by vote by mail absentee |
ballot, and procedures for voting
early by personal appearance.
|
At least 30 days before any general election, and at least |
20 days
before any special congressional election, the
county |
clerk shall publish a notice of the election in 2 or more
|
newspapers published in the county, city, village,
|
incorporated town or town, as the case may be, or if there is |
no such
newspaper, then in any 2 or more newspapers published |
in the
county and having a general circulation throughout the |
community. The
notice may be substantially as follows:
|
Notice is hereby given that on (give date), at (give the |
place of
holding the election and the name of the precinct or |
district) in the
county of (name county), an election will be |
held for (give the title of
the several offices to be filled), |
which election will be open at 6:00
a.m. and continued open |
until 7:00 p.m. of that day.
|
Dated at .... on (insert date).
|
(Source: P.A. 94-645, eff. 8-22-05.)
|
(10 ILCS 5/13-1) (from Ch. 46, par. 13-1)
|
Sec. 13-1. In counties not under township organization, the |
county
board of commissioners shall at its meeting in July
in |
each
even-numbered year appoint in each election precinct 5 |
|
capable and
discreet persons meeting the qualifications of |
Section 13-4 to
be judges of election. Where neither voting |
machines nor electronic,
mechanical or electric voting systems |
are used, the county board may,
for any precinct with respect |
to which the board considers such action
necessary or desirable |
in view of the number of voters, and shall for
general |
elections for any precinct containing more than 600 registered
|
voters, appoint in addition to the 5 judges of election a team |
of 5
tally judges. In such precincts the judges of election |
shall preside
over the election during the hours the polls are |
open, and the tally
judges, with the assistance of the holdover |
judges designated pursuant
to Section 13-6.2, shall count the |
vote after the closing of the polls.
However, the County Board |
of Commissioners may appoint 3 judges of election
to serve in |
lieu of the 5 judges of election otherwise required by this
|
Section to serve in any emergency referendum, or in any |
odd-year regular
election or in any special primary or special |
election called
for the purpose of filling a vacancy in the |
office of representative in
the United States Congress or to |
nominate candidates for such purpose.
The tally judges shall |
possess the same qualifications and shall be
appointed in the |
same manner and with the same division between
political |
parties as is provided for judges of election.
|
In addition to such precinct judges, the county board of
|
commissioners shall appoint special panels of 3 judges each, |
who shall
possess the same qualifications and shall be |
|
appointed in the same
manner and with the same division between |
political parties as is
provided for other judges of election. |
The number of such panels of
judges required shall be |
determined by regulations of the State Board of
Elections which |
shall base the required numbers of special panels on the
number |
of registered voters in the jurisdiction or the number of vote |
by mail
absentee ballots voted at recent elections, or any |
combination of such factors.
|
Such appointment shall be confirmed by the court as |
provided in
Section 13-3 of this Article. No more than 3 |
persons of the same
political party shall be appointed judges |
of the same election precinct
or election judge panel. The |
appointment shall be made in the following
manner: The county |
board of commissioners shall select and approve 3
persons as |
judges of election in each election precinct from a certified
|
list, furnished by the chairman of the County Central Committee |
of the
first leading political party in such precinct; and the |
county board of
commissioners shall also select and approve 2 |
persons as judges of
election in each election precinct from a |
certified list, furnished by
the chairman of the County Central |
Committee of the second leading
political party. However, if |
only 3 judges of election serve in each
election precinct, no |
more than 2 persons of the same political party shall
be judges |
of election in the same election precinct; and which political
|
party is entitled to 2 judges of election and which political |
party is
entitled to one judge of election shall be determined |
|
in the same manner as
set forth in the next two preceding |
sentences with regard to 5 election
judges in each precinct. |
Such certified list shall be filed with the county
clerk not |
less than 10 days before the annual meeting of the county
board |
of commissioners. Such list shall be arranged according to
|
precincts. The chairman of each county central committee shall, |
insofar
as possible, list persons who reside within the |
precinct in which they
are to serve as judges. However, he may, |
in his sole discretion, submit
the names of persons who reside |
outside the precinct but within the
county embracing the |
precinct in which they are to serve. He must,
however, submit |
the names of at least 2 residents of the precinct for
each |
precinct in which his party is to have 3 judges and must submit |
the
name of at least one resident of the precinct for each |
precinct in which
his party is to have 2 judges. The county |
board of commissioners shall
acknowledge in writing to each |
county chairman the names of all persons
submitted on such |
certified list and the total number of persons listed
thereon. |
If no such list is filed or such list is incomplete (that is,
|
no names or an insufficient number of names are furnished for |
certain
election precincts), the county board of commissioners |
shall make or
complete such list from the names contained in |
the supplemental list
provided for in Section 13-1.1. The |
election judges shall hold their
office for 2 years from their |
appointment, and until their successors
are duly appointed in |
the manner provided in this Act. The county board
of |
|
commissioners shall fill all vacancies in the office of judge |
of
election at any time in the manner provided in this Act.
|
(Source: P.A. 94-1000, eff. 7-3-06.)
|
(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 , or each township committeeperson in a county with a |
population of more than 3,000,000, of each of the two leading
|
political parties shall submit to the county board a |
supplemental list,
arranged according to precincts in which |
they are to serve, of persons
available as judges of election, |
the names and number of all persons listed
thereon to be |
acknowledged in writing to the county chairman or township |
committeeperson, as the case may be, submitting
such list by |
the county board. Vacancies among the judges of election shall
|
be filled by selection from this supplemental list of persons |
qualified
under Section 13-4. If the list provided for in |
Section 13-1 or 13-2 for
any precinct is exhausted, then |
selection shall be made from the
supplemental list submitted by |
the chairman of the county central committee , or each township |
committeeperson in a county with a population of more than |
3,000,000,
of the party. If such supplemental list is exhausted |
for any precinct, then
selection shall be made from any of the |
persons on the supplemental list
without regard to the |
precincts in which they are listed to serve. No
selection or |
|
appointment from the supplemental list shall be made more than
|
21 days prior to the date of precinct registration for those |
judges needed
as precinct registrars, and more than 60 45 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. 93-574, eff. 8-21-03.)
|
(10 ILCS 5/13-2) (from Ch. 46, par. 13-2)
|
Sec. 13-2. In counties under the township organization the |
county
board shall at its meeting in July in each even-numbered |
year
except in counties containing a population of 3,000,000 |
inhabitants or
over and except when such judges are appointed |
by election
commissioners, select in each election precinct in |
the county, 5 capable
and discreet persons to be judges of |
election who shall
possess the
qualifications required by this |
Act for such judges. Where neither
voting machines nor |
electronic, mechanical or electric voting systems
are used, the |
county board may, for any precinct with respect to which
the |
board considers such action necessary or desirable in view of |
the
number of voters, and shall for general elections for any |
precinct
containing more than 600 registered voters, appoint in |
addition to the 5
judges of election a team of 5 tally judges. |
In such precincts the
judges of election shall preside over the |
|
election during the hours the
polls are open, and the tally |
judges, with the assistance of the
holdover judges designated |
pursuant to Section 13-6.2, shall count the
vote after the |
closing of the polls. The tally judges shall possess the
same |
qualifications and shall be appointed in the same manner and |
with
the same division between political parties as is provided |
for judges of
election.
|
However, the county board may appoint 3 judges of election |
to serve in
lieu of the 5 judges of election otherwise required |
by this Section to serve
in any emergency referendum, or in any |
odd-year regular election
or in any special primary or special |
election called for the purpose of
filling a vacancy in the |
office of representative in the United States Congress
or to |
nominate candidates for such purpose.
|
In addition to such precinct judges, the county board shall |
appoint
special panels of 3 judges each, who shall possess the |
same
qualifications and shall be appointed in the same manner |
and with the
same division between political parties as is |
provided for other judges
of election. The number of such |
panels of judges required shall be
determined by regulations of |
the State Board of Elections, which shall
base the required |
number of special panels on the number of registered
voters in |
the jurisdiction or the number of absentee ballots voted at
|
recent elections or any combination of such factors.
|
No more than 3 persons of the same political party shall be |
appointed
judges in the same election district or undivided |
|
precinct. The election
of the judges of election in the various |
election precincts shall be
made in the following manner: The |
county board shall
select and approve 3 of the election judges |
in each precinct from a
certified list furnished by the |
chairman of the County Central Committee
of the first leading |
political party in such election precinct and shall also
select |
and approve 2 judges of election in each election precinct from |
a
certified list furnished by the chairman of the County |
Central Committee
of the second leading political party in such |
election precinct. However,
if only 3 judges of election serve |
in each election precinct, no more than 2
persons of the same |
political party shall be judges of election in the same
|
election precinct; and which political party is entitled to 2 |
judges of
election and which political party is entitled to one |
judge of election shall
be determined in the same manner as set |
forth in the next two preceding
sentences with regard to 5 |
election judges in each precinct. The respective
County Central |
Committee chairman shall notify the county board by June 1 of
|
each odd-numbered year immediately preceding the annual |
meeting of the county
board whether or not such certified list |
will be filed by such chairman. Such
list shall be arranged |
according to precincts. The chairman of each county
central |
committee shall, insofar as possible, list persons who reside |
within
the precinct in which they are to serve as judges. |
However, he may, in his sole
discretion, submit the names of |
persons who reside outside the precinct but
within the county |
|
embracing the precinct in which they are to serve. He must,
|
however, submit the names of at least 2 residents of the |
precinct for each
precinct in which his party is to have 3 |
judges and must submit the name of at
least one resident of the |
precinct for each precinct in which his party is to
have 2 |
judges. Such certified list, if filed, shall be filed with the |
county
clerk not less than 20 days before the annual meeting of |
the county board. The
county board shall acknowledge in writing |
to each county chairman the names of
all persons submitted on |
such certified list and the total number of persons
listed |
thereon. If no such list is filed or the list is incomplete |
(that is, no
names or an insufficient number of names are |
furnished for certain election
precincts), the county board |
shall make or complete such list from the names
contained in |
the supplemental list provided for in Section 13-1.1. Provided,
|
further, that in any case where a township has been or shall be |
redistricted,
in whole or in part, subsequent to one general |
election for Governor, and prior
to the next, the judges of |
election to be selected for all new or altered
precincts shall |
be selected in that one of the methods above detailed, which
|
shall be applicable according to the facts and circumstances of |
the particular
case, but the majority of such judges for each |
such precinct shall be selected
from the first leading |
political party, and the minority judges from the second
|
leading political party. Provided, further, that in counties |
having a
population of 3,000,000 1,000,000 inhabitants or over |
|
the selection of judges of election
shall be made in the same |
manner in all respects as in other counties, except
that the |
provisions relating to tally judges are inapplicable to such |
counties
and except that the county board shall meet during the |
month of January for the
purpose of making such selection , each |
township committeeperson shall assume the responsibilities |
given to the chairman of the county central committee in this |
Section for the precincts within his or her township, and the |
township committeeperson chairman of each county central
|
committee shall notify the county board by the preceding |
October 1 whether or
not the certified list will be filed. Such |
judges of election shall hold their
office for 2 years from |
their appointment and until their successors are duly
appointed |
in the manner provided in this Act. The county board shall fill |
all
vacancies in the office of judges of elections at any time |
in the manner herein
provided.
|
Such selections under this Section shall be confirmed by |
the circuit
court as provided in Section 13-3 of this Article.
|
(Source: P.A. 94-1000, eff. 7-3-06.)
|
(10 ILCS 5/13-10) (from Ch. 46, par. 13-10)
|
Sec. 13-10. The compensation of the judges of all primaries |
and all
elections, except judges supervising vote by mail |
absentee ballots as provided in
Section 19-12.2 of this Act, in |
counties of less than 600,000
inhabitants shall be fixed by the |
respective county boards or boards of
election commissioners in |
|
all counties and municipalities, but in no case
shall such |
compensation be less than $35 per day. The
compensation of |
judges of all primaries and all elections not under the
|
jurisdiction of the county clerk, except judges supervising |
vote by mail absentee balloting
as provided in Section 19-12.2 |
of this Act, in counties having a population of
2,000,000 or |
more shall be not less than $60 per day. The
compensation of |
judges of all primaries and all elections under the
|
jurisdiction of the county clerk, except judges supervising |
vote by mail absentee
balloting as provided in Section 19-12.2 |
of this Act, in counties having a
population of 2,000,000 or |
more shall be not less than $60 per day. The compensation of |
judges of all primaries and all elections,
except judges |
supervising vote by mail absentee ballots as provided in |
Section 19-12.2 of
this Act, in counties having a population of |
at least 600,000 but less than
2,000,000 inhabitants shall be |
not less than $45 per day
as
fixed by the county board of |
election commissioners of each such county. In
addition to |
their per day compensation and notwithstanding the limitations
|
thereon stated herein, the judges of election, in all counties |
with a
population of less than 600,000, shall be paid $3 each |
for each 100 voters or
portion thereof, in excess of 200 voters |
voting for candidates in the election
district or precinct |
wherein the judge is serving, whether a primary or an
election |
is being held. However, no such extra compensation shall be |
paid to
the judges of election in any precinct in which no |
|
paper ballots are counted by
such judges of election. The 2 |
judges of election in counties having a
population of less than |
600,000 who deliver the returns to the county clerk
shall each |
be allowed and paid a sum to be determined by the election |
authority
for such services and an additional sum per mile to |
be determined by the
election authority for every mile |
necessarily travelled in going to and
returning from the office |
or place to which they deliver the returns. The
compensation |
for mileage shall be consistent with current rates paid for
|
mileage to employees of the county.
|
However, all judges who have been certified by the County |
Clerk or Board of
Election Commissioners as having |
satisfactorily completed, within the 2 years
preceding the day |
of election, the training course for judges of election, as
|
provided in Sections 13-2.1, 13-2.2 and 14-4.1 of this Act, |
shall receive
additional compensation of not less than $10 per |
day in
counties of less than 600,000 inhabitants, the |
additional compensation of not
less than $10 per day in |
counties having a population of
at
least 600,000 but less than |
2,000,000 inhabitants as fixed by the county board
of election |
commissioners of each such county, and additional compensation |
of
not less than $20 per day in counties having a population
of |
2,000,000 or more for primaries and elections not under the
|
jurisdiction of the county clerk, and additional compensation |
of not less
than $20 per day in counties having a population of
|
2,000,000 or more for primaries and elections under the |
|
jurisdiction of the
county clerk.
|
In precincts in which there are tally judges, the |
compensation of the
tally judges shall be 2/3 of that of the |
judges of election and each
holdover judge shall be paid the |
compensation of a judge of election
plus that of a tally judge.
|
Beginning on the effective date of this amendatory Act of |
1998, the portion
of an election judge's daily compensation |
reimbursed by the State Board of
Elections is increased by
$15.
|
The increase provided by this amendatory Act of 1998 must be |
used
to increase each judge's compensation and may not be used |
by the county to
reduce its portion of a judge's compensation.
|
Beginning on the effective date of this amendatory Act of |
the 95th General Assembly, the portion of an election judge's |
daily compensation reimbursement by the State Board of |
Elections is increased by an additional $20. The increase |
provided by this amendatory Act of the 95th General Assembly |
must be used to increase each judge's compensation and may not |
be used by the election authority or election jurisdiction to |
reduce its portion of a judge's compensation.
|
(Source: P.A. 95-699, eff. 11-9-07.)
|
(10 ILCS 5/14-3.1) (from Ch. 46, par. 14-3.1)
|
Sec. 14-3.1. The board of election commissioners shall, |
during the
month of July of each even-numbered year,
select
for |
each election precinct within the jurisdiction of the board 5
|
persons to be judges of election who shall possess the |
|
qualifications
required by this Act for such judges. The |
selection shall be made by a
county board of election |
commissioners in the following manner: the county
board of |
election commissioners shall select and approve 3 persons as |
judges of
election in each election precinct from a certified |
list
furnished by the chairman of the county central committee |
of the first leading
political party in that precinct; the |
county board of election commissioners
also shall select and |
approve 2 persons as judges of election in each election
|
precinct from a certified list furnished by the chairman of the |
county central
committee of the second leading political party |
in that precinct. The
selection by a municipal board of |
election commissioners shall be made in the
following manner: |
for each precinct, 3 judges shall be selected from one of
the 2 |
leading political parties and the other 2 judges shall be |
selected from
the other leading political party; the parties |
entitled to 3 and 2
judges, respectively, in the several |
precincts shall be determined as provided
in Section 14-4. |
However, a Board of Election Commissioners may
appoint
three |
judges of election to serve in lieu of the 5 judges of election |
otherwise
required by this Section to serve in any emergency |
referendum, or in any
odd-year regular election or in any |
special primary or special election called
for the purpose of |
filling a vacancy in the office of representative in the
United |
States Congress or to nominate candidates for such purpose.
|
If only 3 judges of election serve in each election |
|
precinct, no more than
2 persons of the same political party |
shall be judges of election in the
same election precinct, and |
which political party is entitled to 2 judges
of election and |
which political party is entitled to one judge of election
|
shall be determined as set forth in this Section for a county |
board of
election commissioners' selection of 5 election judges |
in each precinct or in
Section 14-4 for a municipal board of |
election commissioners' selection of
election judges in each |
precinct, whichever is appropriate. In addition to
such |
precinct judges, the board of election commissioners shall |
appoint special
panels of 3 judges each, who shall possess the |
same qualifications and shall be
appointed in the same manner |
and with the
same division between political parties as is |
provided for other judges of
election. The number of such |
panels of judges required shall be determined by
regulation of |
the State Board of Elections, which shall base the required
|
number of special panels on the number of registered voters in |
the jurisdiction
or the number of absentee ballots voted at |
recent elections or any combination
of such factors. A |
municipal board of election
commissioners shall make the
|
selections of persons qualified under Section 14-1 from |
certified lists
furnished by the chairman of the respective |
county central committees , or each ward committeeperson in a |
municipality of 500,000 or more inhabitants, of the 2
leading |
political parties. Lists furnished by chairmen of county |
central
committees or ward committeepersons, as the case may |
|
be, under this Section shall be arranged
according to |
precincts. The chairman of each county central committee or |
ward committeepersons, as the case may be, shall,
insofar as |
possible, list persons who reside within the precinct in which |
they
are to serve as judges.
However, he may, in his sole |
discretion, submit the names of persons who
reside outside the |
precinct but within the county embracing the precinct
in which |
they are to serve. He must, however, submit the names of at
|
least 2 residents of the precinct for each precinct in which |
his party
is to have 3 judges and must submit the name of at |
least one resident of
the precinct for each precinct in which |
his party is to have 2 judges.
The board of election |
commissioners shall no later than March 1 of each
even-numbered |
year notify the chairmen
of the respective county central |
committees or ward committeepersons, as the case may be, of |
their responsibility to
furnish such lists, and each such |
chairman shall furnish the board of
election commissioners with |
the list for his party on or before May 1 of each
even-numbered |
year. The
board of election commissioners shall acknowledge in |
writing to each
county chairman or ward committeepersons, as |
the case may be, the names of all persons submitted on such |
certified
list and the total number of persons listed thereon. |
If no such list is
furnished or if no names or an insufficient |
number of names are
furnished for certain precincts, the board |
of election commissioners
shall make or complete such list from |
the names contained in the
supplemental list provided for in |
|
Section 14-3.2. Judges of election
shall hold their office for |
2 years from their appointment and until
their successors are |
duly appointed in the manner herein provided. The
board of |
election commissioners shall, subject to the provisions of
|
Section 14-3.2, fill all vacancies in the office of judges of |
election
at any time in the manner herein provided.
|
Such selections under this Section shall be confirmed by |
the court as
provided in Section 14-5.
|
(Source: P.A. 94-1000, eff. 7-3-06.)
|
(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 , |
or each ward committeeperson in a municipality of 500,000 or |
more inhabitants, of each of the 2 leading political parties
|
shall furnish to the board of election commissioners a |
supplemental list,
arranged according to precinct in which they |
are to serve, of persons
available as judges of election, the |
names and number of all persons listed
thereon to be |
acknowledged in writing to the county chairman or ward |
committeepersons, as the case may be, submitting
such list by |
the board of election commissioners. The board of election
|
commissioners shall select from this supplemental list persons |
qualified
under Section 14-1, to fill vacancies among the |
judges of election. If the
list provided for in Section 14-3.1 |
for any precinct is exhausted, then
selection shall be made |
|
from the supplemental list furnished by the
chairman of the |
county central committee or ward committeepersons, as the case |
may be, of the party. If such supplemental
list is exhausted |
for any precinct, then selection shall be made from any
of the |
persons on the supplemental list without regard to the |
precincts in
which they are listed to serve. No selection or |
appointment from the
supplemental list shall be made more than |
21 days prior to the date of
precinct registration for those |
judges needed as precinct registrars, and
more than 60 45 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. 93-574, eff. 8-21-03.)
|
(10 ILCS 5/16-5.01) (from Ch. 46, par. 16-5.01)
|
Sec. 16-5.01. (a) The election authority shall, at least 46
|
days prior to the date of any election at which federal |
officers
are elected and 45 days prior to any other regular |
election, have a
sufficient number of ballots printed so that |
such ballots will be available
for mailing 45 days prior to the |
date of the election to persons who have
filed application for |
a ballot under the provisions of Article 20 of this Act.
|
(b) If at any election at which federal offices are elected
|
or nominated the election authority is unable to comply with |
|
the provisions
of subsection (a), the election authority shall |
mail to each such person, in
lieu of the ballot, a Special |
Write-in Vote by Mail Absentee Voter's Blank Ballot.
The |
Special Write-in Vote by Mail Absentee Voter's Blank Ballot |
shall be used at
all elections at which federal officers are |
elected or nominated and shall be
prepared by the election |
authority in substantially the following form:
|
Special Write-in Vote by Mail Absentee Voter's Blank Ballot
|
(To vote for a person, write the title of the office and |
his or her name
on the lines provided. Place to the left of and |
opposite the title of
office a square and place a cross (X) in |
the square.)
|
Title of Office Name of Candidate
|
( )
|
( )
|
( )
|
( )
|
( )
|
( )
|
The election authority shall send with the Special Write-in |
Vote by Mail Absentee
Voter's Blank Ballot a list of all |
referenda for which the voter is qualified
to vote and all |
candidates for whom nomination papers have been filed and
for |
whom the voter is qualified to vote. The voter shall be |
entitled to
write in the name of any candidate seeking
election |
and any referenda for which he or she is entitled to vote.
|
|
On the back or outside of the ballot, so as to appear when |
folded, shall
be printed the words "Official Ballot", the date |
of the election and a
facsimile of the signature of the |
election authority who has caused the
ballot to be printed.
|
The provisions of Article 20, insofar as they may be |
applicable to the
Special Write-in Vote by Mail Absentee |
Voter's Blank Ballot, shall be applicable herein.
|
(c) Notwithstanding any provision of this Code or other law
|
to the contrary, the governing body of a municipality may |
adopt, upon submission of a written statement by the |
municipality's election authority attesting to the |
administrative ability of the election authority to administer |
an election using a ranked ballot to the municipality's |
governing body,
an ordinance requiring, and that |
municipality's election
authority shall prepare, a ranked vote |
by mail absentee ballot for
municipal and township office |
candidates to be voted on in the consolidated
election.
This |
ranked ballot shall be for use only by
a qualified voter who |
either is a member of the United States
military or will be |
outside of the United States on the
consolidated primary |
election day and the consolidated
election day. The ranked |
ballot shall contain a list of the
titles of all municipal and |
township offices potentially contested at both the |
consolidated
primary election and the consolidated election |
and the candidates for each office and shall
permit the elector |
to vote in the consolidated election by
indicating his or her |
|
order of preference for each candidate
for each office. To |
indicate his or her order of preference for
each candidate for |
each office, the voter shall put the number
one next to the |
name of the candidate who is the voter's first
choice, the |
number 2 for his or her second choice, and so forth
so that, in |
consecutive numerical order, a number indicating
the voter's |
preference is written by the voter next to each
candidate's |
name on the ranked ballot. The voter shall not be required
to |
indicate his or her preference for more than one candidate
on |
the ranked ballot. The voter may not cast a write-in vote using |
the ranked ballot for the consolidated election. The election |
authority shall, if using the
ranked vote by mail absentee |
ballot authorized by this subsection, also
prepare |
instructions for use of the ranked ballot. The ranked ballot |
for the consolidated election shall be mailed to the voter at |
the same time that the ballot for the consolidated primary |
election is mailed to the voter and the election authority |
shall accept the completed ranked ballot for the consolidated |
election when the authority accepts the completed ballot for |
the consolidated primary election.
|
The voter shall also be sent a vote by mail an absentee |
ballot for the consolidated election for those races that are |
not related to the results of the consolidated primary election |
as soon as the consolidated election ballot is certified.
|
The State Board of Elections shall adopt rules for election
|
authorities for the implementation of this subsection,
|
|
including but not limited to the application for and counting
|
of ranked ballots.
|
(Source: P.A. 96-1004, eff. 1-1-11; 97-81, eff. 7-5-11.)
|
(10 ILCS 5/17-8) (from Ch. 46, par. 17-8)
|
Sec. 17-8. The county clerk shall provide in each polling
|
place, so designated or provided a sufficient number of booths, |
which
shall be provided with such supplies and conveniences, |
including
shelves, pens, penholders, ink, blotters 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. They |
shall be within plain view of election officers, and both
they |
and the ballot boxes shall be within plain view of those within |
the
proximity of the voting booths. Each of said booths shall |
have 3 sides
enclosed, one
side in front, to be closed with a |
curtain. Each side of each booth
shall be 6 feet 4 inches and |
the curtain shall extend within 2 feet of
the floor, which |
shall be closed while the voter is preparing his
ballot. Each |
booth shall be at least 32 inches square and shall contain
a |
shelf at least one foot wide, at a convenient height for |
writing. No
person other than the election officers and the |
challengers allowed by
law, and those admitted for the purpose |
of voting as herein provided,
shall be permitted within the |
proximity of the voting booths, (i)
except by authority of the
|
election officers to keep order and enforce the law and (ii) |
|
except that one or more children under the age of 18 may |
accompany their parent or guardian into the voting booth as |
long as a request to do so is made to the election officers |
and, in the sole discretion of the election officers, the child |
or children are not likely to disrupt or interfere with the |
voting process or influence the casting of a vote. The number |
of such
voting booths shall not be less than one to every 75 |
voters or fraction
thereof who voted at the last preceding |
election in the precinct. The
expense of providing booths and |
other things required in
this Act shall be paid in the same |
manner as other election expenses.
|
Where electronic voting systems are used, a booth with a
|
self-contained electronic voting device may be used. Each such |
booth
shall have 3 sides enclosed and shall be equipped with a |
curtain for
closing the front of the booth. The curtain must |
extend to within 2
feet of the floor. Each side shall be of |
such a height, in no event
less than 5 feet, one inch, as to |
insure the secrecy of the voter. Each
booth shall be at least |
32 inches square, provided, however, that where
a booth is no |
more than 23 inches wide and the sides of such booth
extend |
from a point below the device to a height of 5 feet, one inch, |
at
the front of the booth, and such booth insures that voters |
may prepare
their ballots in secrecy, such booth may be used. |
If an election authority provides each polling place with |
stickers or emblems to be given to voters indicating that the |
person has voted, no person who has voted shall be denied such |
|
sticker or emblem.
|
(Source: P.A. 94-288, eff. 1-1-06.)
|
(10 ILCS 5/17-9) (from Ch. 46, par. 17-9)
|
Sec. 17-9. Any person desiring to vote shall give his name |
and, if
required to do so, his residence to the judges of |
election, one of whom
shall thereupon announce the same in a |
loud and distinct tone of voice,
clear, and audible; the judges |
of elections shall check each application
for ballot against |
the list of voters registered in that precinct to
whom grace |
period, vote by mail absentee ,
or early
ballots have been |
issued for that election, which shall be
provided by the |
election authority and which list shall be available for
|
inspection by pollwatchers. A voter applying to vote in the
|
precinct on election day whose name appears on the list as |
having
been issued a grace period, vote by mail absentee ,
or |
early
ballot shall not be permitted to vote in the
precinct, |
except that a voter to whom a vote by mail an absentee ballot |
was issued may vote in the precinct if the voter submits to the |
election judges that vote by mail absentee ballot for |
cancellation. If the voter is unable to submit the vote by mail |
absentee ballot, it shall be sufficient for the voter to submit |
to the election judges (i) a portion of the vote by mail |
absentee ballot if the vote by mail absentee ballot was torn or |
mutilated or (ii) an affidavit executed before the election |
judges specifying that (A) the voter never received a vote by |
|
mail an absentee ballot or (B) the voter completed and returned |
a vote by mail an absentee ballot and was informed that the |
election authority did not receive that vote by mail absentee |
ballot. All applicable provisions of Articles
4, 5 or 6 shall |
be complied with and if such name is found on the register of
|
voters by the
officer having charge thereof, he shall likewise |
repeat said name, and
the voter shall be allowed to enter |
within the proximity of the voting
booths, as above provided. |
One of the judges shall give the voter one,
and only one of |
each ballot to be voted at the election, on the back of
which |
ballots such judge shall indorse his initials in such manner |
that
they may be seen when each such ballot is properly folded, |
and the
voter's name shall be immediately checked on the |
register list. In those
election jurisdictions where |
perforated ballot cards are utilized of the
type on which |
write-in votes can be cast above the perforation, the election
|
authority shall provide a space both above and below the |
perforation for
the judge's initials, and the judge shall |
endorse his or her initials in
both spaces. Whenever
a proposal |
for a constitutional amendment or for the calling of a
|
constitutional convention is to be voted upon at the election, |
the
separate blue ballot or ballots pertaining thereto shall, |
when being
handed to the voter, be placed on top of the other |
ballots to be voted
at the election in such manner that the |
legend appearing on the back
thereof, as prescribed in Section |
16-6 of this Act, shall be plainly
visible to the voter. At all |
|
elections, when a registry may be
required, if the name of any |
person so desiring to vote at such election
is not found on the |
register of voters, he or she shall not receive a ballot
until |
he or she shall have complied with the law prescribing the |
manner and
conditions of voting by unregistered voters. If any |
person desiring to
vote at any election shall be challenged, he |
or she shall not receive a ballot
until he or she shall have |
established his right to vote in the manner provided
|
hereinafter; and if he or she shall be challenged after he has |
received his
ballot, he shall not be permitted to vote until he |
or she has fully complied
with such requirements of the law |
upon being challenged. Besides the
election officer, not more |
than 2 voters in excess of the whole number
of voting booths |
provided shall be allowed within the proximity of the voting
|
booths at one
time. The provisions of this Act, so far as they |
require the
registration of voters as a condition to their |
being allowed to vote
shall not apply to persons otherwise |
entitled to vote, who are, at the
time of the election, or at |
any time within 60 days prior to such
election have been |
engaged in the military or naval service of the
United States, |
and who appear personally at the polling place on
election day |
and produce to the judges of election satisfactory evidence
|
thereof, but such persons, if otherwise qualified to vote, |
shall be
permitted to vote at such election without previous |
registration.
|
All such persons shall also make an affidavit which shall |
|
be in
substantially the following form:
|
State of Illinois,)
|
) ss.
|
County of ........)
|
............... Precinct .......... Ward
|
I, ...., do solemnly swear (or affirm) that I am a citizen |
of the
United States, of the age of 18 years or over, and that |
within the past
60 days prior to the date of this election at |
which I am applying to
vote, I have been engaged in the .... |
(military or naval) service of the
United States; and I am |
qualified to vote under and by virtue of the
Constitution and |
laws of the State of Illinois, and that I am a legally
|
qualified voter of this precinct and ward except that I have, |
because of
such service, been unable to register as a voter; |
that I now reside at
.... (insert street and number, if any) in |
this precinct and ward; that I
have maintained a legal |
residence in this precinct and ward for 30 days
and in this |
State 30 days next preceding this election.
|
.........................
|
Subscribed and sworn to before me on (insert date).
|
.........................
|
Judge of Election.
|
The affidavit of any such person shall be supported by the |
affidavit
of a resident and qualified voter of any such |
precinct and ward, which
affidavit shall be in substantially |
|
the following form:
|
State of Illinois,)
|
) ss.
|
County of ........)
|
........... Precinct ........... Ward
|
I, ...., do solemnly swear (or affirm), that I am a |
resident of this
precinct and ward and entitled to vote at this |
election; that I am
acquainted with .... (name of the |
applicant); that I verily believe him
to be an actual bona fide |
resident of this precinct and ward and that I
verily believe |
that he or she has maintained a legal residence therein 30 days
|
and in this State 30 days next preceding this election.
|
.........................
|
Subscribed and sworn to before me on (insert date).
|
.........................
|
Judge of Election.
|
All affidavits made under the provisions of this Section |
shall be
enclosed in a separate envelope securely sealed, and |
shall be
transmitted with the returns of the elections to the |
county clerk or to
the board of election commissioners, who |
shall preserve the said
affidavits for the period of 6 months, |
during which period such
affidavits shall be deemed public |
records and shall be freely open to
examination as such.
|
(Source: P.A. 94-645, eff. 8-22-05; 94-1000, eff. 7-3-06.)
|
|
(10 ILCS 5/17-18.1) (from Ch. 46, par. 17-18.1)
|
Sec. 17-18.1.
Wherever the judicial retention ballot to be |
used in
any general election contains the names of more than 15 |
judges on a
separate paper ballot, the County Clerk or Board of |
Election
Commissioners as the case may be, shall designate |
special judges of
election for the purpose of tallying and |
canvassing the votes cast for
and against the propositions for |
the retention of judges in office in
such places and at such |
times as the County Clerk or Board of Election
Commissioners |
determine. Special judges of election shall be designated
from |
certified lists submitted by the respective chairmen of the |
county
central committees of the two leading political parties. |
In the event
that the County Clerk or Board of Election |
Commissioners as the case may
be, decides that the counting of |
the retention ballots shall be
performed in the precinct where |
such ballots are cast, 2 special judges
of election shall be |
designated to tally and canvass the vote of each
precinct with |
one being named from each of the 2 leading political
parties.
|
In the event that the County Clerk or Board of Election |
Commissioners
decides that the judicial retention ballots from |
several precincts shall
be tallied and canvassed in a central |
or common location, then each
major political party shall be |
entitled to an equal number of special
election judges in each |
such central or common location. The County
Clerk or Board of |
Election Commissioners, as the case may be, shall
inform, no |
later than 75 days prior to such election, the respective
|
|
chairmen of the county central committees of the location or |
locations
where the counting of retention ballots will be done, |
the number of names
to be included on the certified lists, and |
the number of special
election judges to be selected from those |
lists. If the certified list
for either party is not submitted |
within thirty days after the chairmen
have been so informed, |
the County Clerk or Board of Election
Commissioners shall |
designate special judges of election for that party
in whatever |
manner it determines.
|
The County Clerk or Board of Election Commissioners shall |
apply to
the Circuit Court for the confirmation of the special |
judges of election
designated under this Section. The court |
shall confirm or refuse to
confirm such designations as the |
interest of the public may require.
Those confirmed shall be |
officers of the court and subject to its
disciplinary powers.
|
The County Clerk or Board of Election Commissioners shall, |
in the
exercise of sound discretion, prescribe the forms, |
materials and
supplies together with the procedures for |
completion and return thereof
for use in such election by |
special judges of election. The special
judges of election |
designated under this Section shall have full
responsibility |
and authority for tallying and canvassing the votes
pertaining |
to the retention of judges and the return of ballots and
|
supplies.
|
If the County Clerk or Board of Election Commissioners |
decides that
the counting of the retention ballots shall be |
|
performed in the precinct
where such ballots were cast, at |
least 2 ballot boxes shall be provided
for paper retention |
ballots, one of which shall be used from the opening
of the |
polls until 9:00 a.m. and from 12:00 noon until 3:00 p.m. and |
the
second of which shall be used from 9:00 a.m. until 12:00 |
noon and from
3:00 p.m. until the closing of the polls; |
provided that if additional
ballot boxes are provided, the |
additional boxes shall be used instead of
reusing boxes used |
earlier. At the close of each such period of use, a
ballot box |
used for retention ballots shall be immediately unsealed and
|
opened and the ballots therein counted and tallied by the |
special judges
of election. After counting and tallying the |
retention ballots, the
special judges of election shall place |
the counted ballots in a
container provided for that purpose by |
the County Clerk or Board of
Election Commissioners and clearly |
marked with the appropriate printing
and shall thereupon seal |
such container. One such container shall be
provided for each |
of the four time periods and clearly designated as the
|
container for the respective period. The tally shall be |
recorded on
sheets provided by the County Clerk or Board of |
Election Commissioners
and designated as tally sheets for the |
respective time periods. Before a
ballot box may be reused, it |
shall in the presence of all of the judges
of election be |
verified to be empty, whereupon it shall be resealed.
After the |
close of the polls, and after the tally of votes cast by vote |
by mail
absentee voters, the special judges of election shall |
|
add together the
tallies of all the ballot boxes used |
throughout the day, and complete
the canvass of votes for |
retention of judges in the manner established
by this Act. All |
of these procedures shall be carried out within the
clear view |
of the other judges of election. The sealed containers of
used |
retention ballots shall be returned with other voted ballots to |
the
County Clerk or Board of Election Commissioners in the |
manner provided
by this Act.
|
The compensation of a special judge of election may not |
exceed $30
per judge per precinct or district canvassed.
|
This Section does not affect any other office or the |
conduct of any
other election held at the same time as the |
election for the retention
of judges in office.
|
(Source: P.A. 81-850; 81-1149.)
|
(10 ILCS 5/17-19.2) (from Ch. 46, par. 17-19.2)
|
Sec. 17-19.2.
Where a vacancy in nomination is filled |
pursuant to
Section 7-61 or Section 10-11, the vote by mail |
absentee votes cast for the original
candidate on the first |
ballot shall not be counted. For this purpose, in
those |
jurisdictions where electronic voting systems are used, the
|
election authority shall determine a method by which the first |
ballots
containing the name of the original candidate may be |
segregated from the
revised ballots containing the name of the |
successor candidate and
separately counted.
|
Where a vacancy in nomination is not filled pursuant to |
|
Section 7-61
or Section 10-11, all votes cast for the original |
candidate shall be counted
for such candidate.
|
(Source: P.A. 84-861.)
|
(10 ILCS 5/17-21) (from Ch. 46, par. 17-21)
|
Sec. 17-21.
When the votes shall have been examined and |
counted, the judges
shall set down on a sheet or return form to |
be supplied to them, the name of
every person voted for, |
written or printed at full length, the office
for which such |
person received such votes, and the number he did receive
and |
such additional information as is necessary to complete, as |
nearly
as circumstances will admit, the following form, to-wit:
|
TALLY SHEET AND CERTIFICATE OF
|
RESULTS
|
We do hereby certify that at the .... election held in the |
precinct
hereinafter (general or special) specified on (insert |
date), a total of
.... voters requested and received ballots |
and we do further certify:
|
Number of blank ballots delivered to us ....
|
Number of vote by mail absentee ballots delivered to us |
....
|
Total number of ballots delivered to us ....
|
Number of blank and spoiled ballots returned.
|
(1) Total number of ballots cast (in box)....
|
.... Defective and Objected To ballots sealed in envelope
|
(2) .... Total number of ballots cast (in box)
|
|
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 or the State Board of |
Elections and
shall be available for distribution by the |
election authority and State Board of Elections at least 2 |
weeks prior to the
election. Such credentials shall be |
authorized by the real or facsimile
signature of the State or |
local party official or the candidate or the
presiding officer |
of the civic organization or the chairman of the
proponent or |
opponent group, as the case may be. Neither the election |
authority nor the State Board of Elections may require any such |
party official or the candidate or the presiding officer of the |
civic organization or the chairman of the proponent or opponent |
group to submit the names or other information concerning |
pollwatchers before making credentials available to such |
persons or organizations.
|
Pollwatcher credentials shall be in substantially the |
following form:
|
POLLWATCHER CREDENTIALS
|
TO THE JUDGES OF ELECTION:
|
In accordance with the provisions of the Election
Code, the |
undersigned hereby appoints .......... (name of pollwatcher)
|
who resides at ........... (address) in the county
of |
..........., .......... (township or municipality)
of |
........... (name), State of Illinois and who is duly |
|
registered
to vote from this address, to act as a pollwatcher |
in the
........... precinct of the ........... ward (if |
applicable)
of the ........... (township or municipality) of |
........... at the
........... election to be held on (insert |
date).
|
........................ (Signature of Appointing Authority)
|
......................... TITLE (party official, candidate,
|
civic organization president,
|
proponent or opponent group chairman)
|
Under penalties provided by law pursuant to Section 29-10 |
of the
Election Code, the undersigned pollwatcher certifies |
that he or she resides
at ................ (address) in the |
county of ............, .........
(township or municipality) |
of ........... (name), State of Illinois, and is
duly |
registered to vote in Illinois.
|
.......................... .......................
|
(Precinct and/or Ward in (Signature of Pollwatcher)
|
Which Pollwatcher Resides)
|
Pollwatchers must present their credentials to the Judges |
of Election
upon entering the polling place. Pollwatcher |
credentials properly
executed and signed shall be proof of the |
qualifications of the
pollwatcher authorized thereby. Such |
credentials are retained by the
Judges and returned to the |
Election Authority at the end of the day of
election with the |
|
other election materials. Once a pollwatcher has
surrendered a |
valid credential, he may leave and reenter the polling place
|
provided that such continuing action does not disrupt the |
conduct of the
election. Pollwatchers may be substituted during |
the course of the day, but
established political parties, |
candidates and qualified civic organizations
can have only as |
many pollwatchers at any given time as are authorized in
this |
Article. A substitute must present his signed credential to the
|
judges of election upon entering the polling place. Election |
authorities
must provide a sufficient number of credentials to |
allow for substitution
of pollwatchers. After the polls have |
closed pollwatchers shall be allowed
to remain until the |
canvass of votes is completed; but may leave and
reenter only |
in cases of necessity, provided that such action is not so
|
continuous as to disrupt the canvass of votes.
|
Candidates seeking office in a district or municipality |
encompassing 2
or more counties shall be admitted to any and |
all polling places throughout
such district or municipality |
without regard to the counties in which such
candidates are |
registered to vote. Actions of such candidates shall be
|
governed in each polling place by the same privileges and |
limitations that
apply to pollwatchers as provided in this |
Section. Any such candidate who
engages in an activity in a |
polling place which could reasonably be
construed by a majority |
of the judges of election as campaign activity
shall be removed |
forthwith from such polling place.
|
|
Candidates seeking office in a district or municipality |
encompassing 2 or
more counties who desire to be admitted to |
polling places on election day
in such district or municipality |
shall be required to have proper
credentials. Such credentials |
shall be printed in sufficient quantities,
shall be issued by |
and under the facsimile signature of the State Board of |
Elections or the
election authority of the election |
jurisdiction where the polling place in
which the candidate |
seeks admittance is located, and shall be available for
|
distribution at least 2 weeks prior to the election. Such |
credentials shall
be signed by the candidate.
|
Candidate credentials shall be in substantially the |
following form:
|
CANDIDATE CREDENTIALS
|
TO THE JUDGES OF ELECTION:
|
In accordance with the provisions of the Election Code, I |
...... (name of
candidate) hereby certify that I am a candidate |
for ....... (name of
office) and seek admittance to ....... |
precinct of the ....... ward (if
applicable) of the ....... |
(township or municipality) of ....... at the
....... election |
to be held on (insert date).
|
......................... .......................
|
(Signature of Candidate) OFFICE FOR WHICH
|
CANDIDATE SEEKS
|
NOMINATION OR
|
|
ELECTION
|
Pollwatchers shall be permitted to observe all proceedings |
and view all reasonably requested records relating
to the |
conduct of the election, provided the secrecy of the ballot is |
not impinged, and to station themselves in a position
in the |
voting room as will enable them to observe the judges making |
the
signature comparison between the voter application and the |
voter
registration record card; provided, however, that such |
pollwatchers
shall not be permitted to station themselves in |
such close proximity to
the judges of election so as to |
interfere with the orderly conduct of
the election and shall |
not, in any event, be permitted to handle
election materials. |
Pollwatchers may challenge for cause the voting
qualifications |
of a person offering to vote and may call to the
attention of |
the judges of election any incorrect procedure or apparent
|
violations of this Code.
|
If a majority of the judges of election determine that the |
polling
place has become too overcrowded with pollwatchers so |
as to interfere
with the orderly conduct of the election, the |
judges shall, by lot,
limit such pollwatchers to a reasonable |
number, except that each
established or new political party |
shall be permitted to have at least
one pollwatcher present.
|
Representatives of an election authority, with regard to an |
election
under its jurisdiction, the State Board of Elections, |
and law
enforcement agencies, including but not limited to a |
|
United States
Attorney, a State's attorney, the Attorney |
General, and a State, county,
or local police department, in |
the performance of their official
election duties, shall be |
permitted at all times to enter and remain in
the polling |
place. Upon entering the polling place, such
representatives |
shall display their official credentials or other
|
identification to the judges of election.
|
Uniformed police officers assigned to polling place duty |
shall follow
all lawful instructions of the judges of election.
|
The provisions of this Section shall also apply to |
supervised casting of vote by mail
absentee ballots as provided |
in Section 19-12.2 of this Act.
|
(Source: P.A. 98-115, eff. 7-29-13.)
|
(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, within
100 feet of any polling place, |
or, at the option of a church or private school, on any of the |
property of that church or private school that is a polling |
place; no person shall interrupt, hinder or
oppose any voter |
while approaching within those areas
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 private business, 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. Notwithstanding any other |
provision of this Section, a church or private school may |
choose to apply the campaign free zone to its entire property, |
and, if so, the markers shall be placed near the boundaries on |
|
the grounds adjacent to the thoroughfares or walkways leading |
to the entrances used by the voters.
If an election authority |
maintains a website, no later than 5 days before election day, |
each election authority shall post on its website the name and |
address of every polling place designated as a campaign free |
zone. This information shall be immediately provided to any |
person upon request, and a requester shall not be required to |
submit a request under the Freedom of Information Act.
|
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. At or near the |
door of each polling place, the election judges shall place |
signage indicating the proper entrance to the polling place. In |
addition, the election judges shall ensure that a sign |
identifying the location of the polling place is placed on a |
nearby public roadway. The State Board of Elections shall |
establish guidelines for the placement of polling place |
|
signage.
|
(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. 95-699, eff. 11-9-07.)
|
(10 ILCS 5/18-5) (from Ch. 46, par. 18-5)
|
Sec. 18-5. Any person desiring to vote and whose name is |
found upon
the register of voters by the person having charge |
thereof, shall then
be questioned by one of the judges as to |
his nativity, his term of
residence at present address, |
precinct, State and United States, his
age, whether naturalized |
and if so the date of naturalization papers and
court from |
which secured, and he shall be asked to state his residence
|
when last previously registered and the date of the election |
for which
he then registered. The judges of elections shall |
check each application
for ballot against the list of voters |
registered in that precinct to whom
grace period, vote by mail |
absentee , and early ballots have been issued for that election, |
which shall
be provided
by the election authority and which |
list shall be available for inspection
by pollwatchers. A voter |
|
applying to vote in
the precinct on
election day whose name |
appears on the list as having been issued a grace period, vote |
by mail absentee ,
or early ballot shall not be permitted to |
vote in the precinct, except that a voter to whom a vote by |
mail an absentee ballot was issued may vote in the precinct if |
the voter submits to the election judges that vote by mail |
absentee ballot for cancellation. If the voter is unable to |
submit the vote by mail absentee ballot, it shall be sufficient |
for the voter to submit to the election judges (i) a portion of |
the vote by mail absentee ballot if the vote by mail absentee |
ballot was torn or mutilated or (ii) an affidavit executed |
before the election judges specifying that (A) the voter never |
received a vote by mail an absentee ballot or (B) the voter |
completed and returned a vote by mail an absentee ballot and |
was informed that the election authority did not receive that |
vote by mail absentee ballot.
If such person
so registered |
shall be challenged as disqualified, the party challenging
|
shall assign his reasons therefor, and thereupon one of the |
judges shall
administer to him an oath to answer questions, and |
if he shall take the
oath he shall then be questioned by the |
judge or judges touching such cause
of challenge, and touching |
any other cause of disqualification. And he may
also be |
questioned by the person challenging him in regard to his
|
qualifications and identity. But if a majority of the judges |
are of the
opinion that he is the person so registered and a |
qualified voter, his vote
shall then be received accordingly. |
|
But if his vote be rejected by such
judges, such person may |
afterward produce and deliver an affidavit to such
judges, |
subscribed and sworn to by him before one of the judges, in |
which
it shall be stated how long he has resided in such |
precinct, and state;
that he is a citizen of the United States, |
and is a duly qualified voter in
such precinct, and that he is |
the identical person so registered.
In addition to such an |
affidavit, the person so challenged shall provide
to the judges |
of election proof of residence by producing 2 forms of
|
identification showing the person's current residence address, |
provided
that such identification may include a lease or |
contract for a residence and not more than one piece of mail |
addressed to the person at his current residence address and
|
postmarked not earlier than 30 days prior to the date of the
|
election, or the person shall procure a witness personally |
known to the
judges of election, and resident in the precinct |
(or district), or who
shall be proved by some legal voter of |
such precinct or district, known to
the judges to be such, who |
shall take the oath following, viz:
|
I do solemnly swear (or affirm) that I am a resident of |
this election
precinct (or district), and entitled to vote at |
this election, and that I
have been a resident of this State |
for 30 days last past, and am well
acquainted with the person |
whose vote is now offered; that he is an actual
and bona fide |
resident of this election precinct (or district), and has
|
resided herein 30 days, and as I verily believe, in this State, |
|
30 days
next preceding this election.
|
The oath in each case may be administered by one of the |
judges of
election, or by any officer, resident in the precinct |
or district,
authorized by law to administer oaths. Also |
supported by an affidavit by a
registered voter residing in |
such precinct, stating his own residence, and
that he knows |
such person; and that he does reside at the place mentioned
and |
has resided in such precinct and state for the length of time |
as stated
by such person, which shall be subscribed and sworn |
to in the same way.
For purposes of this Section, the |
submission of a photo identification issued by a college or |
university, accompanied by either (i) a copy of the applicant's |
contract or lease for a residence or (ii) one piece of mail |
addressed to the person at his or her current residence address |
and postmarked not earlier than 30 days prior to the date of |
the election, shall be sufficient to establish proof of |
residence. Whereupon the vote of such person shall be received, |
and entered as other
votes. But such judges, having charge of |
such registers, shall state in
their respective books the facts |
in such case, and the affidavits, so
delivered to the judges, |
shall be preserved and returned to the office of
the |
commissioners of election. Blank affidavits of the character |
aforesaid
shall be sent out to the judges of all the precincts, |
and the judges of
election shall furnish the same on demand and |
administer the oaths without
criticism. Such oaths, if |
administered by any other officer than such judge
of election, |
|
shall not be received. Whenever a proposal for a
constitutional |
amendment or for the calling of a constitutional convention
is |
to be voted upon at the election, the separate blue ballot or |
ballots
pertaining thereto shall be placed on top of the other |
ballots to be voted
at the election in such manner that the |
legend appearing on the back
thereof, as prescribed in Section |
16-6 of this Act, shall be plainly
visible to the voter, and in |
this fashion the ballots shall be handed to
the voter by the |
judge.
|
Immediately after voting, the voter shall be instructed |
whether the voting equipment, if used, accepted or rejected the |
ballot or identified the ballot as under-voted. A voter whose |
ballot is identified as under-voted for a statewide |
constitutional office may return to the voting booth and |
complete the voting of that ballot. A voter whose ballot is not |
accepted by the voting equipment may, upon surrendering the |
ballot, request and vote another ballot. The voter's |
surrendered ballot shall be initialed by the election judge and |
handled as provided in the appropriate Article governing that |
voting equipment. |
The voter shall, upon quitting the voting booth, deliver to |
one of
the judges of election all of the ballots, properly |
folded, which he
received. The judge of election to whom the |
voter delivers his ballots
shall not accept the same unless all |
of the ballots given to the voter
are returned by him. If a |
voter delivers less than all of the ballots
given to him, the |
|
judge to whom the same are offered shall advise him in
a voice |
clearly audible to the other judges of election that the voter
|
must return the remainder of the ballots. The statement of the |
judge to
the voter shall clearly express the fact that the |
voter is not required
to vote such remaining ballots but that |
whether or not he votes them he
must fold and deliver them to |
the judge. In making such statement the
judge of election shall |
not indicate by word, gesture or intonation of
voice that the |
unreturned ballots shall be voted in any particular
manner. No |
new voter shall be permitted to enter the voting booth of a
|
voter who has failed to deliver the total number of ballots |
received by
him until such voter has returned to the voting |
booth pursuant to the
judge's request and again quit the booth |
with all of the ballots
required to be returned by him. Upon |
receipt of all such ballots the
judges of election shall enter |
the name of the voter, and his number, as
above provided in |
this Section, and the judge to whom the ballots are
delivered |
shall immediately put the ballots into the ballot box. If any
|
voter who has failed to deliver all the ballots received by him |
refuses
to return to the voting booth after being advised by |
the judge of
election as herein provided, the judge shall |
inform the other judges of
such refusal, and thereupon the |
ballot or ballots returned to the judge
shall be deposited in |
the ballot box, the voter shall be permitted to
depart from the |
polling place, and a new voter shall be permitted to
enter the |
voting booth.
|
|
The judge of election who receives the ballot or ballots |
from the
voter shall announce the residence and name of such |
voter in a loud
voice. The judge shall put the ballot or |
ballots received from the voter
into the ballot box in the |
presence of the voter and the judges of
election, and in plain |
view of the public. The judges having charge of
such registers |
shall then, in a column prepared thereon, in the same
line of, |
the name of the voter, mark "Voted" or the letter "V".
|
No judge of election shall accept from any voter less than |
the full
number of ballots received by such voter without first |
advising the
voter in the manner above provided of the |
necessity of returning all of
the ballots, nor shall any such |
judge advise such voter in a manner
contrary to that which is |
herein permitted, or in any other manner
violate the provisions |
of this Section; provided, that the acceptance by
a judge of |
election of less than the full number of ballots delivered to
a |
voter who refuses to return to the voting booth after being |
properly
advised by such judge shall not be a violation of this |
Section.
|
(Source: P.A. 95-699, eff. 11-9-07; 96-317, eff. 1-1-10.)
|
(10 ILCS 5/18-9.2) (from Ch. 46, par. 18-9.2)
|
Sec. 18-9.2.
Where a vacancy in nomination is filled |
pursuant
to Section 7-61 or Section 10-11, the vote by mail |
absentee votes cast for the
original candidate on the first |
ballot shall not be counted.
For this purpose, in those |
|
jurisdictions
where electronic voting systems are used, the |
election authority
shall determine a method by which the first |
ballots containing
the name of the original candidate may be |
segregated from the
revised ballots containing the name of the |
successor candidate
and separately counted.
|
Where a vacancy in nomination is not filled pursuant to |
Section
7-61 or Section 10-11, all votes cast for the original |
candidate
shall be counted for such candidate.
|
(Source: P.A. 84-861.)
|
(10 ILCS 5/18A-5)
|
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 for the precinct in which
the |
person seeks to vote and the person has refused an |
opportunity to register at the polling location or another |
grace period registration site . The official list is the |
centralized statewide voter registration list established |
and maintained in accordance with Section 1A-25;
|
(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;
|
|
(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;
|
(4) The voter registered to vote by mail and is |
required by law to
present identification when voting |
either in person or by early voting absentee ballot, but
|
fails to do so;
|
(5) The voter's name appears on the list of voters who |
voted during the early voting period, but the voter claims |
not to have voted during the early voting period; or |
(6) The voter received a vote by mail an absentee |
ballot but did not return the vote by mail absentee ballot |
to the election authority; or |
(7) The voter attempted to register to vote on election |
day, but failed to provide the necessary documentation |
registered to vote during the grace period on the day |
before election day or on election day during the 2014 |
general election . |
(b) The procedure for obtaining and casting a provisional |
ballot at the
polling place
shall be as follows:
|
(1) After first verifying through an examination of the |
precinct register that the person's address is within the |
precinct boundaries, 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. However, if the person's |
residence address is outside the precinct boundaries, the |
election judge shall inform the person of that fact, give |
the person the appropriate telephone number of the election |
authority in order to locate the polling place assigned to |
serve that address, and instruct the person to go to the |
proper polling place to vote.
|
(2) The person shall execute a written form provided by |
the
election judge that shall state or contain all of the |
following that is available:
|
(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 Illinois |
Driver's License Number ....... or Last 4 digits of |
Social
Security
Number ...... or State |
Identification Card
Number issued to you by the |
Illinois Secretary of State........
|
(ii) A box for the election judge to check one of |
the 6 reasons why the
person was given a provisional |
ballot under subsection (a) of Section 18A-5.
|
(iii) 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. Ballots that are provisional because they are |
cast after 7:00 p.m. by court
order shall be kept separate |
from other provisional ballots. 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.
|
(Source: P.A. 97-766, eff. 7-6-12; 98-691, eff. 7-1-14.)
|
(10 ILCS 5/18A-15)
|
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 unless the provisional voter cast a |
ballot pursuant to paragraph (7) of subsection (a) of |
Section 18A-5, in which case the provisional ballot must |
have been cast in the correct election jurisdiction based |
on the address provided . The provisional voter's affidavit |
shall serve as a change of address request by that voter |
for registration purposes for the next ensuing election if |
it bears an address different from that in the records of |
the election authority. Votes for federal and statewide |
offices on a provisional ballot cast in the incorrect |
precinct that meet the other requirements of this |
subsection shall be valid and counted in accordance with |
this Article rules adopted by the State Board of Elections . |
As used in this item, "federal office" is defined as |
provided in Section 20-1 and "statewide office" means the |
Governor, Attorney General, Secretary of State, |
Comptroller, and Treasurer. Votes for General Assembly, |
countywide, citywide, or township office on a provisional |
ballot cast in the incorrect precinct but in the correct |
legislative district, representative district, county, |
municipality, or township, as the case may be, shall be |
valid and counted in accordance with this Article rules |
|
adopted by the State Board of Elections . As used in this |
item, "citywide office" means an office elected by the |
electors of an entire municipality. As used in this item, |
"township office" means an office elected by the electors |
of an entire township;
|
(2) the affidavit executed by the provisional voter |
pursuant to subsection
(b)(2) of Section 18A-5 contains, at |
a minimum, the provisional voter's first and last name, |
house number and street name, and signature or mark;
|
(3) except as permitted by item (5) of subsection (b) |
of this Section, 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; and |
(4) for a provisional ballot cast under item (6) of |
subsection (a) of Section 18A-5, the voter did not vote by |
vote by mail absentee ballot in the election at which the |
provisional ballot was cast ; or .
|
(5) for a provisional ballot cast under item (7) of |
|
subsection (a) of Section 18A-5, the voter provides the |
election authority with the necessary documentation within |
7 days of election day. |
(c) With respect to subsection (b)(3) of this Section, the |
county clerk or
board of election commissioners shall |
investigate and record whether or not the specified information |
is available from each of the 5 identified sources. If the |
information is available from one or more of the identified |
sources, then the
county clerk or board of election |
commissioners shall seek to obtain the
information from each of |
those sources until satisfied, with information from at least |
one of those sources, that the provisional voter is registered |
and entitled to vote. 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.
Within |
2 calendar days after the election, the election authority |
shall transmit by electronic means pursuant to a process |
established by the State Board of Elections the name, street |
address, e-mail address, and precinct, ward, township, and |
district numbers, as the case may be, of each person casting a |
provisional ballot to the State Board of Elections, which shall |
maintain those names and that information in an electronic |
format on its website, arranged by county and accessible to |
State and local political committees. The provisional voter |
may, within 7 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 |
7-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) Provisional ballots determined to be valid shall be |
counted at the election authority's central ballot counting |
location and shall not be counted in precincts. 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 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.
|
(Source: P.A. 97-766, eff. 7-6-12; 98-115, eff. 7-29-13; |
98-691, eff. 7-1-14.)
|
|
(10 ILCS 5/18A-218 new) |
Sec. 18A-218. Interpretation of Article 18A. The Sections |
of this Article following this Section shall be supplemental to |
all other provisions of this Article and are intended to |
provide procedural requirements for the implementation of the |
provisions of this Article. In the case of a conflict between |
the Sections following this Section and the Sections preceding |
this Section, the Sections preceding this Section shall |
prevail.
|
(10 ILCS 5/18A-218.10 new) |
Sec. 18A-218.10. Definitions relating to provisional |
ballots. |
(a) As used in this Article: |
"Citywide or villagewide office" means an office |
elected by the electors of an entire municipality. |
"Correct precinct" means the precinct containing the |
addresses at which the provisional voter resides and at |
which he or she is registered to vote. |
"Countywide office" means the offices of Clerk, |
Sheriff, State's Attorney, Circuit Court Clerk, Recorder, |
Auditor, County Board President, County Board Member or |
County Commissioner in those counties that elect those |
officers countywide, Coroner, Regional Superintendent of |
Schools, Sanitary District Commissioners or Trustees, |
|
Assessor, Board of Review Members in those counties that |
elect those officers countywide, and Treasurer. |
"Election authority" means either the County Clerk, |
County Board of Election Commissioners, or Municipal Board |
of Election Commissioners, as the case may be. |
"Election jurisdiction" means an entire county, in the |
case of a county in which no city board of election |
commissioners is located or that is under the jurisdiction |
of a county board of election commissioners; the |
territorial jurisdiction of a city board of election |
commissioners; and the territory in a county outside of the |
jurisdiction of a city board of election commissioners. |
Election jurisdictions shall be determined according to |
which election authority maintains the permanent |
registration records of qualified electors. |
"Incorrect precinct" means the precinct in which the |
voter cast a provisional ballot, but is not the precinct |
containing the address at which he or she is registered to |
vote. In order for a provisional ballot to be eligible for |
counting when cast in an incorrect precinct, that precinct |
must be located within either the county or municipality in |
which the voter is registered. |
"Leading established political party" means one of the |
two political parties whose candidates for Governor at the |
most recent 3 gubernatorial elections received either the |
highest or second highest average number of votes. The |
|
first leading political party is the party whose candidate |
for Governor received the highest average number of votes |
in the 3 most recent gubernatorial elections and the second |
leading political party is the party whose candidate for |
Governor received the second highest average number of |
votes in the 3 most recent gubernatorial elections. |
"Legislative district" means the district in which an |
Illinois State Senator is elected to serve the residents. |
"Persons entitled to vote provisionally" or |
"provisional voter" means a person claiming to be a |
registered voter who is entitled by Section 18A-5 of this |
Code to vote a provisional ballot under the following |
circumstances: |
(1) The person's name does not appear on the |
official list of eligible voters for the precinct in |
which the person seeks to vote and the person has |
refused an opportunity to register at the polling |
location or another grace period registration site. |
(2) The person's voting status has been |
successfully challenged by an election judge, a |
pollwatcher or any legal voter. |
(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. |
(4) The voter registered to vote by mail and is |
|
required by law to present identification when voting |
either in person or by vote by mail ballot, but fails |
to do so. |
(5) The voter's name appears on the list of voters |
who voted during the early voting period, but the voter |
claims not to have voted during the early voting |
period. |
(6) The voter received a vote by mail ballot but |
did not return the vote by mail ballot to the election |
authority, and failed to surrender it to the election |
judges. |
(7) The voter attempted to register to vote on |
election day, but failed to provide the necessary |
documentation. |
"Representative district" means the district from |
which an Illinois State Representative is elected to serve |
the residents. |
"Statewide office" means the Constitutional offices of |
Governor and Lt. Governor running jointly, Secretary of |
State, Attorney General, Comptroller, and Treasurer. |
"Township office" means an office elected by the |
electors of an entire township. |
(b) Procedures for Voting Provisionally in the Polling |
Place. |
(1) If any of the 7 reasons cited in the definition of |
provisional voter in subsection (a) for casting a |
|
provisional ballot exists, 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. However, if the person's |
residence address is outside the precinct boundaries, the |
election judge shall inform the person of that fact, give |
the person the appropriate telephone number of the election |
authority in order to locate the polling place assigned to |
serve that address (or consult any alternative tools |
provided by the election authority for determining a |
voter's correct precinct polling place) and instruct the |
person to go to the proper polling place to vote. |
(2) Once it has been determined by the election judges |
that the person is entitled to receive a provisional |
ballot, and the voter has completed the provisional voter |
affidavit, the voter shall be given a provisional ballot |
and shall proceed to vote that ballot. Upon receipt of the |
ballot by the election judges, the ballot shall be |
transmitted to the election authority in accordance with |
subsection (a) of Section 18A-10 of this Code. |
(3) In the event that a provisional ballot is |
mistakenly cast in a precinct other than the precinct that |
contains the voter's address of registration (if the voter |
believed he or she registered in the precinct in which he |
or she voted provisionally, and the election judges should |
|
have, but did not direct the voter to vote in the correct |
precinct), Section 218.20 shall apply.
|
(10 ILCS 5/18A-218.20 new) |
Sec. 18A-218.20. Counting procedures for provisional |
ballots cast in an incorrect precinct within the same election |
authority's jurisdiction. |
(a) The election authority shall: |
(1) transmit to the State Board of Elections the |
provisional voter's identifying information and voting |
jurisdiction within 2 calendar days. Following that, and |
subject to paragraph (2) below, if the election authority |
having jurisdiction over the provisional voter determines |
that the voter has cast a provisional ballot in an |
incorrect precinct, the ballot shall still be counted using |
the procedures established in subsection (b) of this |
Section or Section 18A-218.30 if applicable. Jurisdictions |
that use election machines authorized pursuant to Article |
24C of this Code for casting provisional ballots may vary |
procedures of this Section and Section 18A-218.30 as |
appropriate for the counting of provisional ballots cast on |
those machines. |
(2) determine whether the voter was entitled to cast a |
provisional ballot. The voter is entitled to cast a |
provisional ballot if: |
(A) the affidavit executed by the voter contains, |
|
at a minimum, the provisional voter's first and last |
name, house number and street name, and signature or |
mark; |
(B) 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 the provisional voter, an election |
judge, the Statewide voter registration database |
maintained by the State Board of Elections, the records |
of the county clerk or board of election commissioners' |
database, or the records of the Secretary of State or |
the voter is attempting to register but lacks the |
necessary documentation; and |
(C) the provisional voter did not vote using the |
vote by mail ballot and did not vote during the period |
for early voting. |
(b) Once it has been determined by the election authority |
that the voter was entitled to vote a provisional ballot, even |
though it had been cast in an incorrect precinct, the election |
authority shall select a team or teams of 2 duly commissioned |
election judges, one from each of the two leading established |
political parties in Illinois, to count the votes that are |
eligible to be cast on the provisional ballot. In those |
jurisdictions that use election officials as defined in |
subsection (h) of Section 18A-15 of this Code, these duties may |
be performed by those election officials. |
|
(1) Votes cast for Statewide offices, the Office of |
President of the United States (including votes cast in the |
Presidential Preference Primary), and United States Senate |
shall be counted on all provisional ballots cast in the |
incorrect precinct. |
(2) Votes cast for Representative in Congress, |
delegate or alternate delegate to a national nominating |
convention, State Senator, State Representative, or |
countywide, citywide, villagewide, or township office |
shall be counted if it is determined by the election judges |
or officials that the voter would have been entitled to |
vote for one or more of these offices had the voter voted |
in the precinct in which he or she is registered to vote |
(the correct precinct) and had the voter voted a ballot of |
the correct ballot style containing all the offices and |
candidates for which the voter was entitled to cast a |
ballot (the correct ballot style). This determination |
shall be made by comparing a sample ballot of the correct |
ballot style with the actual provisional ballot cast by the |
voter. If the same office (including the same district |
number for a Congressional, Legislative or Representative |
district) appears on both the correct ballot style sample |
ballot and the provisional ballot cast by the voter, votes |
for that office shall be counted. All votes cast for any |
remaining offices (offices for which the voter would not |
have been entitled to vote had he or she voted in the |
|
correct precinct) shall not be counted. |
(3) No votes shall be counted for an office when the |
voter voted for more candidates than he or she was allowed. |
(4) Once it has been determined which offices are to be |
counted and the provisional ballot contains no other votes, |
the provisional ballot shall be counted pursuant to the |
procedures set forth in this subsection (b). |
(5) If a provisional ballot does not contain any valid |
votes, the provisional ballot shall be marked invalid and |
shall not be counted. |
(6) Any provisional voting verification system |
established by an election authority shall inform the |
provisional voter that his or her provisional ballot was |
partially counted because it was cast in an incorrect |
precinct. |
(7) If a provisional ballot only contains votes cast |
for eligible offices, and does not contain any votes cast |
for ineligible offices, the ballot may be tabulated without |
having to be remade. |
(8) If a provisional ballot contains both valid votes |
that must be counted and invalid votes that cannot be |
counted: |
(A) the election judges, consisting in each case of |
at least one of each of the 2 leading political |
parties, shall, if the provisional ballot was cast on a |
paper ballot sheet, proceed to remake the voted ballot |
|
onto a blank ballot that includes all of the offices |
for which valid votes were cast, transferring only |
valid votes. The original provisional ballot shall be |
marked "Original Provisional Ballot" with a serial |
number commencing at "1" and continuing consecutively |
for ballots of that kind in the precinct. The duplicate |
provisional ballot shall be marked "Duplicate |
Provisional Ballot" and be given the same serial number |
as the original ballot from which it was duplicated. |
The duplicate provisional ballot shall then be treated |
in the same manner as other provisional ballots. |
(B) if the provisional ballot was cast on a direct |
recording electronic voting device, the election |
judges shall mark the original provisional ballot as a |
partially counted defective electronic provisional |
ballot because it was cast in the incorrect precinct |
(or bear some similar notation) and proceed to either: |
(i) remake the voted ballot by transferring |
all valid votes to a duplicate paper ballot sheet |
of the correct ballot style, marking the duplicate |
ballot "Duplicate Electronic Provisional Ballot" |
and then counting the duplicate provisional ballot |
in the same manner as the other provisional ballots |
marked on paper ballot sheets; or |
(ii) transfer, or cause to be transferred, all |
valid votes electronically to the correct |
|
precinct, which shall be counted and added to the |
vote totals for the correct precinct, excluding |
any votes that cannot be counted. If this method is |
used, a permanent paper record must be generated |
for both the defective provisional ballot and the |
duplicate electronic provisional ballot. |
(c) For provisional ballots cast at a partisan primary |
election, the judges shall use a duplicate ballot of the |
correct ballot style for the same political party as the ballot |
chosen by the voter. |
(d) At least one qualified pollwatcher for each candidate, |
political party, and civic organization, as authorized by |
Section 17-23 of this Code, shall be permitted to observe the |
ballot remaking process.
|
(10 ILCS 5/18A-218.30 new) |
Sec. 18A-218.30. Counting procedures for provisional |
ballots cast in an incorrect precinct within a different |
election authority's jurisdiction. |
(a) The election authority having possession of the |
provisional ballot shall first notify the election authority |
having jurisdiction over the provisional voter that the voter |
cast a provisional ballot in its jurisdiction and provide |
whatever information is needed for the election authority to |
comply with the notification requirements set forth in |
subsection (d) of Section 18A-15 of this Code. For purpose of |
|
determining which election authority has jurisdiction over the |
provisional voter, the election authority having possession of |
the provisional ballot shall use the address listed on the |
provisional ballot affidavit that was provided by the voter. If |
that address is different from the address at which the voter |
is registered, the ballot shall be rejected; however, the |
affidavit shall serve as a request to register at that address. |
If a voter cast a provisional ballot in an incorrect precinct |
located in the jurisdiction of an election authority other than |
the election authority having jurisdiction over the voter's |
correct precinct, but where the precinct is located within the |
same county as the 2 election authorities (e.g., a voter is |
registered in the City of Chicago, but casts a provisional |
ballot in suburban Cook County), the election authority in |
whose territory the provisional ballot was cast shall, after |
receipt of the provisional ballot, transmit it, along with the |
provisional voter's affidavit and any other documentation |
provided to the election judges, to the office of the election |
authority having jurisdiction over the voter's correct |
precinct. The ballot shall be sealed in a secure envelope or |
other suitable container and transmitted within 8 business days |
after the election at which it was cast. If the locations of |
the election authorities' offices are such that it is feasible |
to hand deliver the ballot, the ballot shall be sealed in a |
secure envelope and transmitted in that manner by 2 election |
judges (or election officials), one from each of the 2 leading |
|
political parties. If the locations of the 2 election |
authorities are such that it is not feasible to hand deliver |
the ballot, the election authority having jurisdiction over the |
incorrect precinct shall cause the ballot to be sealed in a |
secure envelope and transmitted via express mail within 8 |
business days after the election at which the ballot was cast, |
with a delivery date no later than the second business day |
following the mailing date. Upon receipt of the ballot by the |
election authority having jurisdiction over the correct |
precinct, the election authority shall proceed to remake, and |
count the votes on, the provisional ballot in accordance with |
the procedures described in Section 18A-218.20, including the |
determination of eligibility to cast a provisional ballot. Any |
information provided to the election authority within the 7 day |
period provided for in Section 18A-15 of this Code shall be |
sealed in a secure envelope and transmitted to the office of |
the election authority having jurisdiction over the voter's |
correct precinct, along with the provisional ballot of that |
voter. |
(b) Incorrect precinct is located in a different county |
from the county where the voter is registered, but is located |
in the same municipality or legislative district as the one in |
which the voter is registered: |
(1) The election authority having possession of the |
provisional ballot shall first notify the election |
authority having jurisdiction over the provisional voter |
|
that the voter cast a provisional ballot in its |
jurisdiction and provide whatever information is needed |
for the election authority to comply with the notification |
requirements set forth in subsection (d) of Section 18A-15 |
of this Code. For purposes of determining which election |
authority has jurisdiction over the provisional voter, the |
election authority having possession of the provisional |
ballot shall use the address listed on the provisional |
ballot affidavit that was provided by the voter. If that |
address is different from the address at which the voter is |
registered, the ballot shall be rejected; however, the |
affidavit shall serve as a request to register at that |
address. The election authority shall then cause the |
ballot, along with the provisional voter's affidavit and |
any other documentation provided to the election judges, to |
be transmitted via express mail within 8 business days |
after the election at which the ballot was cast, with a |
delivery date no later than the second business day |
following the mailing date. Upon receipt of the ballot by |
the election authority having jurisdiction over the |
correct precinct, that election authority shall proceed to |
remake and count the votes on the provisional ballot in |
accordance with the procedures described in Section |
18A-218.20, including the determination of eligibility to |
cast a provisional ballot. Any information provided to the |
election authority within the 7 day period provided for in |
|
Section 18A-15 of this Code shall be transmitted to the |
office of the election authority having jurisdiction over |
the voter's correct precinct, along with the provisional |
ballot of that voter. |
(2) If a voter casts a provisional ballot in a precinct |
outside of the county in which he or she is registered and |
outside of the municipality, representative district, or |
legislative district in which he or she is registered (if |
applicable), the ballot shall not be counted. It shall, |
however, be transmitted via the U.S. Postal Service to the |
election authority having jurisdiction over the voter's |
correct precinct within 14 days after the election and |
shall be kept for 2 months, the same length of time as is |
required for other voted ballots. |
For purposes of determining which election authority has |
jurisdiction over the provisional voter, the election |
authority having possession of the provisional ballot shall use |
the address listed on the provisional ballot affidavit that was |
provided by the voter. If such address is different from the |
address at which the voter is registered, the ballot shall be |
rejected, however the affidavit shall serve as a request to |
register at such address.
|
(10 ILCS 5/18A-218.40 new) |
Sec. 18A-218.40. Follow-up procedures for provisional |
ballots. The original provisional ballot cast by the voter |
|
shall be stored separately from other ballots voted in the |
election and shall be preserved in the same manner as original |
ballots that had to be remade for other reasons, such as a |
damaged ballot or as a result of a voter over-voting an office.
|
(10 ILCS 5/Art. 19 heading) |
ARTICLE 19. VOTING BY MAIL ABSENT ELECTORS
|
(10 ILCS 5/19-2) (from Ch. 46, par. 19-2) |
Sec. 19-2. Any elector as defined in Section 19-1 may by |
mail or electronically on the website of the appropriate |
election authority, not more than 90 nor less than 5 days prior |
to the
date of such election, or by personal delivery not more |
than 90 nor less
than one day prior to the date of such |
election, make application to the
county clerk or to the Board |
of Election Commissioners for an official
ballot for the |
voter's precinct to be voted at such election. The URL address |
at which voters may electronically request a vote by mail an |
absentee ballot shall be fixed no later than 90 calendar days |
before an election and shall not be changed until after the |
election.
Such a ballot shall be delivered to the elector only |
upon separate application by the elector for each election.
|
(Source: P.A. 97-81, eff. 7-5-11; 98-115, eff. 7-29-13; 98-691, |
eff. 7-1-14.)
|
(10 ILCS 5/19-3) (from Ch. 46, par. 19-3) |
|
Sec. 19-3. The
application for vote by mail absentee ballot |
shall be substantially in the
following form: |
APPLICATION FOR VOTE BY MAIL ABSENTEE BALLOT |
To be voted at the .... election in the County of .... and |
State of
Illinois, in the .... precinct of the (1) *township of |
.... (2) *City of
.... or (3) *.... ward in the City of .... |
I state that I am a resident of the .... precinct of the |
(1)
*township of .... (2) *City of .... or (3) *.... ward in |
the city of
.... residing at .... in such city or town in the |
county of .... and
State of Illinois; that I have lived at such |
address for .... month(s)
last past; that I am lawfully |
entitled to vote in such precinct at the
.... election to be |
held therein on ....; and that I wish to vote by vote by mail |
absentee ballot. |
I hereby make application for an official ballot or ballots |
to be
voted by me at such election, and I agree that I shall |
return such ballot or ballots to the
official issuing the same |
prior to the closing of the polls on the date
of the election |
or, if returned by mail, postmarked no later than midnight |
preceding election day, for counting no later than during the |
period for counting provisional ballots, the last day of which |
is the 14th day following election day. |
I understand that this application is made for an official |
vote by mail absentee ballot or ballots to be voted by me at |
the election specified in this application and that I must |
submit a separate application for an official vote by mail |
|
absentee ballot or ballots to be voted by me at any subsequent |
election. |
Under penalties as provided by law pursuant to Section |
29-10 of The
Election Code, the undersigned certifies that the |
statements set forth
in this application are true and correct. |
.... |
*fill in either (1), (2) or (3). |
Post office address to which ballot is mailed: |
............... |
However, if application is made for a primary election |
ballot, such
application shall require the applicant to |
designate the name of the political party with which
the |
applicant is affiliated. |
If application is made electronically, the applicant shall |
mark the box associated with the above described statement |
included as part of the online application certifying that the |
statements set forth in this application are true and correct, |
and a signature is not required. |
Any person may produce, reproduce, distribute, or return to |
an election authority the application for vote by mail absentee |
ballot. Upon receipt, the appropriate election authority shall |
accept and promptly process any application for vote by mail |
absentee ballot submitted in a form substantially similar to |
that required by this Section, including any substantially |
similar production or reproduction generated by the applicant. |
(Source: P.A. 97-766, eff. 7-6-12; 98-115, eff. 7-29-13.)
|
|
(10 ILCS 5/19-4)
(from Ch. 46, par. 19-4)
|
Sec. 19-4. Mailing or delivery of ballots; time. |
Immediately upon
the receipt of such application either by mail |
or electronic means, not more than 90 40 days
nor less than 5 |
days prior to such election, or by personal delivery not
more |
than 90 40 days nor less than one day prior to such election, |
at the
office of such election authority, it shall be the duty |
of such election
authority to examine the records to ascertain |
whether or not such
applicant is lawfully entitled to vote as
|
requested, including a verification of the applicant's |
signature by comparison with the signature on the official |
registration record card, and if found so to be entitled to |
vote, to post within one business day thereafter
the name, |
street address,
ward and precinct number or township and |
district number, as the case may be,
of such applicant given on |
a list, the pages of which are to be numbered
consecutively to |
be kept by such election authority for such purpose in a
|
conspicuous, open and public place accessible to the public at |
the entrance of
the office of such election authority, and in |
such a manner that such list may
be viewed without necessity of |
requesting permission therefor. Within one
day after posting |
the name and other information of an applicant for a vote by |
mail
an absentee ballot, the election authority shall transmit |
by electronic means pursuant to a process established by the |
State Board of Elections that name and other
posted information |
|
to the State Board of Elections, which shall maintain those
|
names and other information in an electronic format on its |
website, arranged by
county and accessible to State and local |
political committees. Within 2
business days after posting a |
name and other information on the list within
its
office, but |
no sooner than 40 days before an election, the election |
authority shall mail,
postage prepaid, or deliver in person in |
such office an official ballot
or ballots if more than one are |
to be voted at said election. Mail delivery
of Temporarily |
Absent Student ballot applications pursuant to Section
19-12.3 |
shall be by nonforwardable mail. However,
for the consolidated |
election, vote by mail absentee ballots for certain precincts |
may
be delivered to applicants not less than 25 days before the |
election if
so much time is required to have prepared and |
printed the ballots containing
the names of persons nominated |
for offices at the consolidated primary.
The election authority |
shall enclose with each vote by mail absentee ballot or
|
application written instructions on how voting assistance |
shall be provided
pursuant to Section 17-14 and a document, |
written and approved by the State
Board of Elections, informing |
the vote by mail voter of the required postage for returning |
the application and ballot, and
enumerating
the circumstances |
under which a person is authorized to vote by vote by mail |
absentee
ballot pursuant to this Article; such document shall |
also include a
statement informing the applicant that if he or |
she falsifies or is
solicited by another to falsify his or her
|
|
eligibility to cast a vote by mail an absentee ballot, such |
applicant or other is subject
to
penalties pursuant to Section |
29-10 and Section 29-20 of the Election Code.
Each election |
authority shall maintain a list of the name, street address,
|
ward and
precinct, or township and district number, as the case |
may be, of all
applicants who have returned vote by mail |
absentee ballots to such authority, and the name of such vote |
by mail absent voter shall be added to such list
within one |
business day from receipt of such ballot.
If the vote by mail |
absentee ballot envelope indicates that the voter was assisted |
in
casting the ballot, the name of the person so assisting |
shall be included on
the list. The list, the pages of which are |
to be numbered consecutively,
shall be kept by each election |
authority in a conspicuous, open, and public
place accessible |
to the public at the entrance of the office of the election
|
authority and in a manner that the list may be viewed without |
necessity of
requesting permission for viewing.
|
Each election authority shall maintain a list for each |
election
of the
voters to whom it has issued vote by mail |
absentee ballots. The list shall be
maintained for each |
precinct within the jurisdiction of the election
authority. |
Prior to the opening of the polls on election day, the
election |
authority shall deliver to the judges of election in each
|
precinct the list of registered voters in that precinct to whom |
vote by mail absentee
ballots have been issued by mail.
|
Each election authority shall maintain a list for each |
|
election of
voters to whom it has issued temporarily absent |
student ballots. The list
shall be maintained for each election |
jurisdiction within which such voters
temporarily abide. |
Immediately after the close of the period during which
|
application may be made by mail or electronic means for vote by |
mail absentee ballots, each election
authority shall mail to |
each other election authority within the State a
certified list |
of all such voters temporarily abiding within the
jurisdiction |
of the other election authority.
|
In the event that the return address of an
application for |
ballot by a physically incapacitated elector
is that of a |
facility licensed or certified under the Nursing Home Care
Act, |
the Specialized Mental Health Rehabilitation Act of 2013, or |
the ID/DD Community Care Act, within the jurisdiction of the |
election authority, and the applicant
is a registered voter in |
the precinct in which such facility is located,
the ballots |
shall be prepared and transmitted to a responsible judge of
|
election no later than 9 a.m. on the Saturday, Sunday or Monday |
immediately
preceding the election as designated by the |
election authority under
Section 19-12.2. Such judge shall |
deliver in person on the designated day
the ballot to the |
applicant on the premises of the facility from which
|
application was made. The election authority shall by mail |
notify the
applicant in such facility that the ballot will be |
delivered by a judge of
election on the designated day.
|
All applications for vote by mail absentee ballots shall be |
|
available at the office
of the election authority for public |
inspection upon request from the
time of receipt thereof by the |
election authority until 30 days after the
election, except |
during the time such applications are kept in the
office of the |
election authority pursuant to Section 19-7, and except during
|
the time such applications are in the possession of the judges |
of election.
|
(Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-813, |
eff. 7-13-12; 98-104, eff. 7-22-13; 98-115, eff. 7-29-13; |
98-756, eff. 7-16-14.)
|
(10 ILCS 5/19-5) (from Ch. 46, par. 19-5) |
Sec. 19-5. It shall be the duty of the election authority |
to fold the
ballot or ballots in the manner specified by the |
statute for folding
ballots prior to their deposit in the |
ballot box, and to enclose such
ballot or ballots in an |
envelope unsealed to be furnished by him, which
envelope shall |
bear upon the face thereof the name, official title and
post |
office address of the election authority, and upon the other |
side
a printed certification in substantially the
following |
form:
|
I state that I am a resident of the .... precinct of the |
(1)
*township of .... (2) *City of .... or (3) *.... ward in |
the city of
.... residing at .... in such city or town in the |
county of .... and
State of Illinois, that I have lived at such |
address for .... months
last past; and that I am lawfully |
|
entitled to vote in such precinct at the
.... election to be |
held on .....
|
*fill in either (1), (2) or (3).
|
I further state that I personally marked the enclosed |
ballot in secret.
|
Under penalties of perjury as provided by law pursuant to |
Section 29-10
of The Election Code, the undersigned certifies |
that the statements set
forth in this certification are true |
and correct.
|
.......................
|
If the ballot is to go to an elector who is physically |
incapacitated and needs assistance marking the ballot,
the |
envelope shall bear upon the back thereof a certification in
|
substantially the following form:
|
I state that I am a resident of the .... precinct of the |
(1)
*township of .... (2) *City of .... or (3) *.... ward in |
the city of
.... residing at .... in such city or town in the |
county of .... and
State of Illinois, that I have lived at such |
address for .... months
last past; that I am lawfully entitled |
to vote in such precinct at the
.... election to be held on |
....; that I am physically incapable
of personally marking the |
ballot for
such election.
|
*fill in either (1), (2) or (3).
|
I further state that I marked the enclosed ballot in secret |
with the assistance of
|
.................................
|
|
(Individual rendering assistance)
|
.................................
|
(Residence Address)
|
Under penalties of perjury as provided by law pursuant to |
Section 29-10
of The Election Code, the undersigned certifies |
that the statements set forth
in this certification are true |
and correct.
|
.......................
|
In the case of a voter with a physical
incapacity, marking |
a ballot in secret includes marking a ballot with the
|
assistance of another individual, other than a candidate
whose |
name appears on the ballot (unless the voter is the spouse or a
|
parent, child, brother, or sister of the candidate),
the |
voter's employer, an
agent of that employer, or an officer or |
agent of the voter's union, when
the voter's physical |
incapacity necessitates such assistance.
|
In the case of a physically incapacitated voter, marking a |
ballot in secret includes marking a ballot with the
assistance |
of another individual, other than a candidate
whose name |
appears on the ballot (unless the voter is the spouse or a
|
parent, child, brother, or sister of the candidate), the |
voter's
employer, an
agent of that employer, or an officer or |
agent of the voter's union, when
the voter's physical |
incapacity necessitates such assistance.
|
Provided, that if the ballot enclosed is to be voted at a |
primary
election, the certification shall designate the name of |
|
the political
party with which the voter is affiliated.
|
In addition to the above, the election authority shall |
provide
printed slips giving full instructions regarding the |
manner of marking
and returning the ballot in order that the |
same may be counted, and
shall furnish one of such printed |
slips to each of such applicants at
the same time the ballot is |
delivered to him.
Such instructions shall include the following |
statement: "In signing the
certification on the vote by mail |
absentee ballot envelope, you are attesting that you
personally |
marked this vote by mail absentee ballot in secret. If you are |
physically
unable to mark the ballot, a friend or relative may |
assist you after
completing the enclosed affidavit. Federal and |
State laws prohibit a
candidate whose name appears on the |
ballot (unless you
are the spouse or a parent, child, brother, |
or sister of the candidate), your
employer, your employer's |
agent or an officer or agent of your union
from assisting |
physically disabled voters."
|
In addition to the above, if a ballot to be provided to an |
elector
pursuant to this Section contains a public question |
described in subsection
(b) of Section 28-6 and the territory |
concerning which the question is
to be submitted is not |
described on the ballot due to the space limitations
of such |
ballot, the election authority shall provide a printed copy of
|
a notice of the public question, which shall include a |
description of the
territory in the manner required by Section |
16-7. The notice shall be
furnished to the elector at the same |
|
time the ballot is delivered to the
elector.
|
(Source: P.A. 95-440, eff. 8-27-07; 96-553, eff. 8-17-09.)
|
(10 ILCS 5/19-6) (from Ch. 46, par. 19-6)
|
Sec. 19-6.
Such vote by mail absent voter shall make and |
subscribe to the
certifications provided for in the application |
and on the return
envelope for the ballot, and such ballot or |
ballots shall be folded by
such voter in the manner required to |
be folded before depositing the
same in the ballot box, and be |
deposited in such envelope and the
envelope securely sealed. |
The voter shall then endorse his certificate
upon the back of |
the envelope and the envelope shall be mailed in person by
such |
voter, postage prepaid, to the election authority issuing the |
ballot or,
if more convenient, it may be delivered in person, |
by either the voter or
by any person authorized by the voter a |
spouse, parent, child, brother or sister of the voter , or by a |
company
licensed as a motor carrier of property by the Illinois |
Commerce Commission
under the Illinois Commercial |
Transportation Law,
which is engaged in the business of making |
deliveries.
It shall be unlawful for any person not the voter |
or a person authorized by the voter , his or her spouse,
parent, |
child, brother, or sister,
or a representative of a company |
engaged in the business of making
deliveries to the election |
authority
to take the ballot and ballot envelope of a
voter for |
deposit into the mail unless the ballot has been issued |
pursuant to
application by a physically incapacitated elector |
|
under Section
3-3 or a hospitalized voter under Section 19-13, |
in which case any
employee or person under the direction of the |
facility in which the elector or
voter is located may deposit |
the ballot and ballot envelope into the mail. If the voter |
authorized a person to deliver the ballot to the election |
authority, the voter and the person authorized to deliver the |
ballot shall complete the authorization printed on the exterior |
envelope supplied by an election authority for the return of |
the vote by mail ballot. The exterior of the envelope supplied |
by an election authority for the return of the vote by mail |
ballot shall include an authorization in substantially the |
following form:
|
I ............ (voter) authorize ............... to take |
the necessary steps to have this ballot delivered promptly to |
the office of the election authority.
|
....................... ........................
|
Date Signature of voter
|
...............................................
|
Printed Name of Authorized Delivery Agent
|
...............................................
|
Signature of Authorized Delivery Agency
|
|
...............................................
|
Date Delivered to the Election Authority |
If an absentee
voter gives his ballot and ballot envelope to a |
spouse, parent, child,
brother or sister of the voter or to a |
company which is engaged in the
business of making deliveries |
for delivery to the election authority, the
voter shall give an |
authorization form to the person making the delivery.
The |
person making the delivery shall present the authorization to |
the
election authority. The authorization shall be in |
substantially the following
form:
|
I ............ (absentee voter) authorize ............... |
to take my ballot
to the office of the election authority.
|
....................... ........................
|
Date Signature of voter
|
....................... ........................
|
Hour Address
|
....................... ........................
|
Date Signature of Authorized
|
Individual
|
....................... ........................
|
Hour Relationship (if any)
|
(Source: P.A. 89-653, eff. 8-14-96 .)
|
|
(10 ILCS 5/19-7) (from Ch. 46, par. 19-7)
|
Sec. 19-7.
(a) Upon receipt of such vote by mail absent |
voter's ballot, the election
authority shall forthwith enclose |
the same unopened, together with the
application made by said |
vote by mail absent voter in a large or carrier envelope
which |
shall be securely sealed and endorsed with the name and |
official
title of such officer and the words, "This envelope |
contains a vote by mail an absent
voter's ballot and must be |
opened on election day," together with the number and
|
description of the precinct in which said ballot is to be |
voted, and
such officer shall thereafter safely keep the same |
in his office until
counted by him as provided in the next |
section.
|
(b) Within one day after receipt of such vote by mail |
absent voter's ballot, the election authority shall transmit, |
by electronic means pursuant to a process established by the |
State Board of Elections, the voter's name, street address, |
e-mail address, and precinct, ward, township, and district |
numbers, as the case may be, to the State Board of Elections, |
which shall maintain those names and that information in an |
electronic format on its website, arranged by county and |
accessible to State and local political committees. |
(Source: P.A. 98-115, eff. 7-29-13.)
|
(10 ILCS 5/19-8) (from Ch. 46, par. 19-8)
|
Sec. 19-8. Time and place of counting ballots. |
|
(a) (Blank.) |
(b) Each vote by mail absent voter's ballot returned to an |
election authority, by any means authorized by this Article, |
and received by that election authority before the closing of |
the polls on election day shall be endorsed by the receiving |
election authority with the day and hour of receipt and may be |
processed by the election authority beginning on the 15th day |
before election day shall be counted in the central ballot |
counting location of the election authority , but the results of |
the processing may not be counted until on the day of the |
election after 7:00 p.m., except as provided in subsections (g) |
and (g-5).
|
(c) Each vote by mail absent voter's ballot that is mailed |
to an election authority and postmarked no later than by the |
midnight preceding the opening of the polls on election day, |
but that is received by the election authority after the polls |
close on election day and before the close of the period for |
counting provisional ballots cast at that election, shall be |
endorsed by the receiving authority with the day and hour of |
receipt and shall be counted at the central ballot counting |
location of the election authority during the period for |
counting provisional ballots. |
Each vote by mail absent voter's ballot that is mailed to |
an election authority absent a postmark, but that is received |
by the election authority after the polls close on election day |
and before the close of the period for counting provisional |
|
ballots cast at that election, shall be endorsed by the |
receiving authority with the day and hour of receipt, opened to |
inspect the date inserted on the certification, and, if the |
certification date is a date preceding the election day and the |
ballot is otherwise found to be valid under the requirements of |
this Section, counted at the central ballot counting location |
of the election authority during the period for counting |
provisional ballots. Absent a date on the certification, the |
ballot shall not be counted.
|
(d) Special write-in vote by mail absentee voter's blank |
ballots returned to an election authority, by any means |
authorized by this Article, and received by the election |
authority at any time before the closing of the polls on |
election day shall be endorsed by the receiving election |
authority with the day and hour of receipt and shall be counted |
at the central ballot counting location of the election |
authority during the same period provided for counting vote by |
mail absent voters' ballots under subsections (b), (g), and |
(g-5). Special write-in vote by mail absentee voter's blank |
ballots that are mailed to an election authority and postmarked |
no later than by the midnight preceding the opening of the |
polls on election day, but that are received by the election |
authority after the polls close on election day and before the |
closing of the period for counting provisional ballots cast at |
that election, shall be endorsed by the receiving authority |
with the day and hour of receipt and shall be counted at the |
|
central ballot counting location of the election authority |
during the same periods provided for counting vote by mail |
absent voters' ballots under subsection (c). |
(e) Except as otherwise provided in this Section, vote by |
mail absent voters' ballots and special write-in vote by mail |
absentee voter's blank ballots received by the election |
authority after the closing of the polls on an
election day |
shall be endorsed by the election authority receiving them
with |
the day and hour of receipt and shall be safely kept unopened |
by the
election authority for the period of time required for |
the preservation of
ballots used at the election, and shall |
then, without being opened, be
destroyed in like manner as the |
used ballots of that election.
|
(f) Counting required under this Section to begin on |
election day after the closing of the polls shall commence no |
later than 8:00 p.m. and shall be conducted
by a panel or |
panels of election judges appointed in the manner provided
by |
law. The counting shall continue until all vote by mail absent |
voters' ballots and special write-in vote by mail absentee |
voter's blank ballots required to be counted on election day |
have been counted.
|
(g) The procedures set forth in Articles 17 and
18 of this |
Code shall apply to all ballots counted under
this Section. In |
addition, within 2 days after a vote by mail an absentee |
ballot , other than an in-person absentee ballot, is received, |
but in all cases before the close of the period for counting |
|
provisional ballots, the election judge or official shall |
compare the voter's signature on the certification envelope of |
that vote by mail absentee ballot with the signature of the |
voter on file in the office of the election authority. If the |
election judge or official determines that the 2 signatures |
match, and that the vote by mail absentee voter is otherwise |
qualified to cast a vote by mail an absentee ballot, the |
election authority shall cast and count the ballot on election |
day or the day the ballot is determined to be valid, whichever |
is later, adding the results to the precinct in which the voter |
is registered. If the election judge or official determines |
that the signatures do not match, or that the vote by mail |
absentee voter is not qualified to cast a vote by mail an |
absentee ballot, then without opening the certification |
envelope, the judge or official shall mark across the face of |
the certification envelope the word "Rejected" and shall not |
cast or count the ballot. |
In addition to the voter's signatures not matching, a vote |
by mail an absentee ballot may be rejected by the election |
judge or official: |
(1) if the ballot envelope is open or has been opened |
and resealed; |
(2) if the voter has already cast an early or grace |
period ballot; |
(3) if the voter voted in person on election day or the |
voter is not a duly registered voter in the precinct; or |
|
(4) on any other basis set forth in this Code. |
If the election judge or official determines that any of |
these reasons apply, the judge or official shall mark across |
the face of the certification envelope the word "Rejected" and |
shall not cast or count the ballot.
|
(g-5) If a vote by mail an absentee ballot , other than an |
in-person absentee ballot, is rejected by the election judge or |
official for any reason, the election authority shall, within 2 |
days after the rejection but in all cases before the close of |
the period for counting provisional ballots, notify the vote by |
mail absentee voter that his or her ballot was rejected. The |
notice shall inform the voter of the reason or reasons the |
ballot was rejected and shall state that the voter may appear |
before the election authority, on or before the 14th day after |
the election, to show cause as to why the ballot should not be |
rejected. The voter may present evidence to the election |
authority supporting his or her contention that the ballot |
should be counted. The election authority shall appoint a panel |
of 3 election judges to review the contested ballot, |
application, and certification envelope, as well as any |
evidence submitted by the vote by mail absentee voter. No more |
than 2 election judges on the reviewing panel shall be of the |
same political party. The reviewing panel of election judges |
shall make a final determination as to the validity of the |
contested vote by mail absentee ballot. The judges' |
determination shall not be reviewable either administratively |
|
or judicially. |
A vote by mail An absentee ballot subject to this |
subsection that is determined to be valid shall be counted |
before the close of the period for counting provisional |
ballots.
|
(g-10) All vote by mail absentee ballots determined to be |
valid shall be added to the vote totals for the precincts for |
which they were cast in the order in which the ballots were |
opened.
|
(h) Each political party, candidate, and qualified civic |
organization shall be entitled to have present one pollwatcher |
for each panel of election judges therein assigned.
|
(Source: P.A. 94-557, eff. 8-12-05; 94-1000, eff. 7-3-06; |
95-699, eff. 11-9-07.)
|
(10 ILCS 5/19-10) (from Ch. 46, par. 19-10)
|
Sec. 19-10. Pollwatchers may be appointed to observe early |
in-person absentee
voting procedures and view all reasonably |
requested records relating to the conduct of the election, |
provided the secrecy of the ballot is not impinged, at the |
office of the election authority as well as at
municipal, |
township or road district clerks' offices where such early |
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 early in-person absentee voting is |
conducted.
Pollwatchers must be registered to vote in Illinois |
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 vote by mail 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. 93-574, eff. 8-21-03; 94-645, eff. 8-22-05.)
|
|
(10 ILCS 5/19-12.1) (from Ch. 46, par. 19-12.1)
|
Sec. 19-12.1.
Any qualified elector who has secured an |
Illinois
Person with a Disability Identification Card in |
accordance with the Illinois
Identification Card Act, |
indicating that the person named thereon has a Class
1A or |
Class 2 disability or any qualified voter who has a permanent |
physical
incapacity of such a nature as to make it improbable |
that he will be
able to be present at the polls at any future |
election, or any
voter who is a resident of (i) a federally |
operated veterans' home, hospital, or facility located in |
Illinois or (ii) a facility licensed or certified pursuant to
|
the Nursing Home Care Act, the Specialized Mental Health |
Rehabilitation Act of 2013, or the ID/DD Community Care Act and |
has a condition or disability of
such a nature as to make it |
improbable that he will be able to be present
at the polls at |
any future election, may secure a disabled voter's or
nursing |
home resident's identification card, which will enable him to |
vote
under this Article as a physically incapacitated or |
nursing home voter. For the purposes of this Section, |
"federally operated veterans' home, hospital, or facility" |
means the long-term care facilities at the Jesse Brown VA |
Medical Center, Illiana Health Care System, Edward Hines, Jr. |
VA Hospital, Marion VA Medical Center, and Captain James A. |
Lovell Federal Health Care Center.
|
Application for a disabled voter's or nursing home |
|
resident's
identification card shall be made either: (a) in |
writing, with voter's
sworn affidavit, to the county clerk or |
board of election commissioners, as
the case may be, and shall |
be accompanied
by the affidavit of the attending physician |
specifically describing the
nature of the physical incapacity |
or the fact that the voter is a nursing
home resident and is |
physically unable to be present at the polls on election
days; |
or (b) by presenting, in writing or otherwise, to the county |
clerk
or board of election commissioners, as the case may be, |
proof that the
applicant has secured an Illinois Person with a |
Disability Identification Card
indicating that the person |
named thereon has a Class 1A or Class 2 disability.
Upon the |
receipt of either the sworn-to
application and the physician's |
affidavit or proof that the applicant has
secured an Illinois |
Person with a Disability Identification Card indicating that |
the
person named thereon has a Class 1A or Class 2 disability, |
the county clerk
or board of election commissioners shall issue |
a disabled voter's or
nursing home resident's identification
|
card. Such identification cards shall be issued for a
period of |
5 years, upon the expiration of which time the voter may
secure |
a new card by making application in the same manner as is
|
prescribed for the issuance of an original card, accompanied by |
a new
affidavit of the attending physician. The date of |
expiration of such
five-year period shall be made known to any |
interested person by the
election authority upon the request of |
such person. Applications for the
renewal of the identification |
|
cards shall be mailed to the voters holding
such cards not less |
than 3 months prior to the date of expiration of the cards.
|
Each disabled voter's or nursing home resident's |
identification card
shall bear an identification number, which |
shall be clearly noted on the voter's
original and duplicate |
registration record cards. In the event the
holder becomes |
physically capable of resuming normal voting, he must
surrender |
his disabled voter's or nursing home resident's identification
|
card to the county clerk or board of election commissioners |
before the next election.
|
The holder of a disabled voter's or nursing home resident's
|
identification card may make application by mail for an |
official ballot
within the time prescribed by Section 19-2. |
Such application shall contain
the same information as is
|
included in the form of application for ballot by a physically
|
incapacitated elector prescribed in Section 19-3 except that it |
shall
also include the applicant's disabled voter's |
identification card number
and except that it need not be sworn |
to. If an examination of the records
discloses that the |
applicant is lawfully entitled to vote, he shall be
mailed a |
ballot as provided in Section 19-4. The ballot envelope shall
|
be the same as that prescribed in Section 19-5 for physically |
disabled
voters, and the manner of voting and returning the |
ballot shall be the
same as that provided in this Article for |
other vote by mail absentee ballots, except
that a statement to |
be subscribed to by the voter but which need not be
sworn to |
|
shall be placed on the ballot envelope in lieu of the affidavit
|
prescribed by Section 19-5.
|
Any person who knowingly subscribes to a false statement in
|
connection with voting under this Section shall be guilty of a |
Class A
misdemeanor.
|
For the purposes of this Section, "nursing home resident" |
includes a resident of (i) a federally operated veterans' home, |
hospital, or facility located in Illinois or (ii) a facility |
licensed under the ID/DD Community Care Act or the Specialized |
Mental Health Rehabilitation Act of 2013. For the purposes of |
this Section, "federally operated veterans' home, hospital, or |
facility" means the long-term care facilities at the Jesse |
Brown VA Medical Center, Illiana Health Care System, Edward |
Hines, Jr. VA Hospital, Marion VA Medical Center, and Captain |
James A. Lovell Federal Health Care Center. |
(Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-275, |
eff. 1-1-12; 97-813, eff. 7-13-12; 97-1064, eff. 1-1-13; |
98-104, eff. 7-22-13.)
|
(10 ILCS 5/19-12.2) (from Ch. 46, par. 19-12.2)
|
Sec. 19-12.2. Voting by physically incapacitated electors |
who have made
proper application to the election authority not |
later than 5 days before
the regular primary and general |
election of 1980 and before each election
thereafter shall be |
conducted on the premises of (i) federally operated veterans' |
homes, hospitals, and facilities located in Illinois or (ii) |
|
facilities licensed or
certified pursuant to the Nursing Home |
Care Act, the Specialized Mental Health Rehabilitation Act of |
2013, or the ID/DD Community Care Act for the sole benefit of
|
residents of such homes, hospitals, and facilities. For the |
purposes of this Section, "federally operated veterans' home, |
hospital, or facility" means the long-term care facilities at |
the Jesse Brown VA Medical Center, Illiana Health Care System, |
Edward Hines, Jr. VA Hospital, Marion VA Medical Center, and |
Captain James A. Lovell Federal Health Care Center. Such voting |
shall be conducted during any
continuous period sufficient to |
allow all applicants to cast their ballots
between the hours of |
9 a.m. and 7 p.m. either on the Friday, Saturday, Sunday
or |
Monday immediately preceding the regular election. This vote by |
mail absentee voting on
one of said days designated by the |
election authority shall be supervised by
two election judges |
who must be selected by the election authority in the
following |
order of priority: (1) from the panel of judges appointed for |
the
precinct in which such home, hospital, or facility is |
located, or from a panel of judges appointed
for any other |
precinct within the jurisdiction of the election authority in |
the
same ward or township, as the case may be, in which the |
home, hospital, or facility is located or,
only in the case |
where a judge or judges from the precinct, township or ward
are |
unavailable to serve, (3) from a panel of judges appointed for |
any other
precinct within the jurisdiction of the election |
authority. The two judges
shall be from different political |
|
parties. Not less than 30 days before each
regular election, |
the election authority shall have arranged with the chief
|
administrative officer of each home, hospital, or facility in |
his or its election jurisdiction a
mutually convenient time |
period on the Friday, Saturday, Sunday or Monday
immediately |
preceding the election for such voting on the premises of the |
home, hospital, or
facility and shall post in a prominent place |
in his or its office a notice of
the agreed day and time period |
for conducting such voting at each home, hospital, or facility;
|
provided that the election authority shall not later than noon |
on the Thursday
before the election also post the names and |
addresses of those homes, hospitals, and facilities from
which |
no applications were received and in which no supervised vote |
by mail absentee voting
will be conducted. All provisions of |
this Code applicable to pollwatchers
shall be applicable |
herein. To the maximum extent feasible, voting booths or
|
screens shall be provided to insure the privacy of the voter. |
Voting procedures
shall be as described in Article 17 of this |
Code, except that ballots shall be
treated as vote by mail |
absentee ballots and shall not be counted until the close of |
the
polls on the following day. After the last voter has |
concluded voting, the
judges shall seal the ballots in an |
envelope and affix their signatures across
the flap of the |
envelope. Immediately thereafter, the judges
shall bring the |
sealed envelope to the office of the election authority
who |
shall deliver such ballots to the election authority's central |
|
ballot counting location prior to
the closing of the polls on |
the day of election. The judges of election shall
also report |
to the election authority the name of any applicant in the |
home, hospital, or facility
who, due to unforeseen circumstance |
or condition or because
of a religious holiday, was unable to |
vote. In this event, the election
authority may appoint a |
qualified person from his or its staff to deliver
the ballot to |
such applicant on the day of election. This staff person
shall |
follow the same procedures prescribed for judges conducting |
vote by mail absentee
voting in such homes, hospitals, or |
facilities and shall return the ballot to the central ballot |
counting location before the polls close. However, if the home, |
hospital, or facility from
which the application was made is |
also used as a regular precinct polling place
for that voter, |
voting procedures heretofore prescribed may be implemented by 2
|
of the election judges of opposite party affiliation assigned |
to that polling
place during the hours of voting on the day of |
the election. Judges of election
shall be compensated not less |
than $25.00 for conducting vote by mail absentee voting in
such |
homes, hospitals, or facilities.
|
Not less than 120 days before each regular election, the |
Department
of Public Health shall certify to the State Board of |
Elections a list of
the facilities licensed or certified |
pursuant to the Nursing Home Care
Act, the Specialized Mental |
Health Rehabilitation Act of 2013, or the ID/DD Community Care |
Act. The lists shall indicate the approved bed capacity and the |
|
name of
the chief administrative officer of each such home, |
hospital, or facility, and the State Board
of Elections shall |
certify the same to the appropriate election authority
within |
20 days thereafter.
|
(Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-275, |
eff. 1-1-12; 97-813, eff. 7-13-12; 98-104, eff. 7-22-13.)
|
(10 ILCS 5/19-13) (from Ch. 46, par. 19-13)
|
Sec. 19-13. Any qualified voter who has been admitted to a |
hospital, nursing home, or rehabilitation center
due to an |
illness or physical injury not more than 14 days before an |
election
shall be entitled to personal delivery of a vote by |
mail an absentee ballot in the hospital, nursing home, or |
rehabilitation center
subject to the following conditions:
|
(1) The voter completes the Application for Physically |
Incapacitated
Elector as provided in Section 19-3, stating as |
reasons therein that he is
a patient in ............... (name |
of hospital/home/center), ............... located
at, |
............... (address of hospital/home/center), |
............... (county,
city/village), was admitted for |
............... (nature of illness or
physical injury), on |
............... (date of admission), and does not
expect to be |
released from the hospital/home/center on or before the day of |
election or, if released, is expected to be homebound on the |
day of the election and unable to travel to the polling place.
|
(2) The voter's physician completes a Certificate of |
|
Attending Physician
in a form substantially as follows:
|
CERTIFICATE OF ATTENDING PHYSICIAN
|
I state that I am a physician, duly licensed to practice in |
the State of
.........; that .......... is a patient in |
.......... (name of hospital/home/center),
located at |
............. (address of hospital/home/center), |
................. (county,
city/village); that such individual |
was admitted for ............. (nature
of illness or physical |
injury), on ............ (date of admission); and
that I have |
examined such individual in the State in which I am licensed
to |
practice medicine and do not expect such individual to be |
released from
the hospital/home/center on or before the day of |
election or, if released, to be able to travel to the polling |
place on election day.
|
Under penalties as provided by law pursuant to Section |
29-10 of The Election
Code, the undersigned certifies that the |
statements set forth in this
certification are true and |
correct.
|
(Signature) ...............
|
(Date licensed) ............
|
(3) Any person who is registered to vote in the same |
precinct as the admitted voter or any legal relative of the |
admitted voter may
present such voter's vote by mail absentee |
ballot application, completed as prescribed
in paragraph 1, |
accompanied by the physician's certificate, completed as
|
prescribed in paragraph 2, to the election authority.
Such |
|
precinct voter or relative shall execute and sign an affidavit |
furnished
by the election authority attesting that he is a |
registered voter in the
same precinct as the admitted voter or |
that he is a legal relative of
the admitted voter and stating |
the nature of the
relationship. Such precinct voter or relative |
shall further attest that
he has been authorized by the |
admitted voter to obtain his or her vote by mail absentee |
ballot
from the election authority and deliver such ballot to |
him in the hospital, home, or center.
|
Upon receipt of the admitted voter's application, |
physician's
certificate, and the affidavit of the precinct |
voter or the relative, the
election authority shall examine the |
registration records to determine if
the applicant is qualified |
to vote and, if found to be qualified, shall
provide the |
precinct voter or the relative the vote by mail absentee ballot |
for delivery
to the applicant.
|
Upon receipt of the vote by mail absentee ballot, the |
admitted voter shall mark the
ballot in secret and subscribe to |
the certifications on the vote by mail absentee ballot
return |
envelope. After depositing the ballot in the return envelope |
and
securely sealing the envelope, such voter shall give the |
envelope to the
precinct voter or the relative who shall |
deliver it to the election authority
in sufficient time for the |
ballot to be delivered by the election authority
to the |
election authority's central ballot counting location
before 7 |
p.m. on election day.
|
|
Upon receipt of the admitted voter's vote by mail absentee |
ballot,
the ballot shall be counted in the manner prescribed in |
this Article.
|
(Source: P.A. 94-18, eff. 6-14-05; 94-1000, eff. 7-3-06; |
95-878, eff. 1-1-09.)
|
(10 ILCS 5/19-15)
|
Sec. 19-15. Precinct tabulation optical scan technology
|
voting equipment. If the election authority has adopted the use |
of Precinct
Tabulation Optical Scan Technology voting |
equipment pursuant to
Article 24B of this Code, and the |
provisions of the Article are
in conflict with the provisions |
of this Article 19, the
provisions of Article 24B shall govern |
the procedures followed by
the election authority, its judges |
of elections, and all
employees and agents, provided that vote |
by mail absentee ballots are counted at the election |
authority's central ballot counting location. In following the |
provisions of
Article 24B, the election authority is authorized |
to develop and
implement procedures to fully utilize Precinct |
Tabulation Optical
Scan Technology voting equipment, at the |
central ballot counting location, authorized by the State Board |
of
Elections as long as the procedure is not in conflict with
|
either Article 24B or the administrative rules of the State |
Board
of Elections.
|
(Source: P.A. 94-1000, eff. 7-3-06.)
|
|
(10 ILCS 5/19-20)
|
Sec. 19-20. Report on vote by mail absentee ballots. This |
Section applies to vote by mail absentee ballots other than |
in-person absentee ballots . |
On or before the 21st day after an election, each election |
authority shall transmit to the State Board of Elections the |
following information with respect to that election: |
(1) The number, by precinct, of vote by mail absentee |
ballots requested, provided, and counted. |
(2) The number of rejected vote by mail absentee |
ballots. |
(3) The number of voters seeking review of rejected |
vote by mail absentee ballots pursuant to subsection (g-5) |
of Section 19-8. |
(4) The number of vote by mail absentee ballots counted |
following review pursuant to subsection (g-5) of Section |
19-8. |
On or before the 28th day after an election, the State Board of |
Elections shall compile the information received under this |
Section with respect to that election and make that information |
available to the public.
|
(Source: P.A. 94-1000, eff. 7-3-06.)
|
(10 ILCS 5/19A-10)
|
Sec. 19A-10. Permanent polling places for early voting.
|
(a) An election authority may establish permanent polling |
|
places for early
voting by personal appearance at locations |
throughout the election authority's
jurisdiction, including |
but not limited to a municipal clerk's office, a township |
clerk's office, a road district clerk's office, or a county or |
local public agency office. Any Except as otherwise provided in |
subsection (b), any person
entitled to vote early by personal |
appearance may do so at any polling place
established for early |
voting.
|
(b) (Blank). If it is impractical for the election |
authority to provide at each
polling place for early voting a |
ballot in every form required in the election
authority's |
jurisdiction, the election authority may:
|
(1) provide appropriate forms of ballots to the office |
of the municipal
clerk in a municipality not having a board |
of election commissioners; the
township clerk; or in |
counties not under township organization, the road
|
district clerk; and
|
(2) limit voting at that polling place to registered |
voters in that
municipality, ward or group of wards, |
township, or road district.
|
If the early voting polling place does not have the correct |
ballot form for a person seeking to vote early, the election |
judge or election official conducting early voting at that |
polling place shall inform the person of that fact, give the |
person the appropriate telephone number of the election |
authority in order to locate an early voting polling place with |
|
the correct ballot form for use in that person's assigned |
precinct, and instruct the person to go to the proper early |
voting polling place to vote early.
|
(c) During each general primary and general election, each |
election authority in a county with a population over 250,000 |
shall establish at least one permanent polling place for early |
voting by personal appearance at a location within each of the |
3 largest municipalities within its jurisdiction. If any of the |
3 largest municipalities is over 80,000, the election authority |
shall establish at least 2 permanent polling places within the |
municipality. All population figures shall be determined by the |
federal census.
|
(d) During each general primary and general election, each |
board of election commissioners established under Article 6 of |
this Code in any city, village, or incorporated town with a |
population over 100,000 shall establish at least 2 permanent |
polling places for early voting by personal appearance. All |
population figures shall be determined by the federal census. |
(e) During each general primary and general election, each |
election authority in a county with a population of over |
100,000 but under 250,000 persons shall establish at least one |
permanent polling place for early voting by personal |
appearance. The location for early voting may be the election |
authority's main office or another location designated by the |
election authority. The election authority may designate |
additional sites for early voting by personal appearance. All |
|
population figures shall be determined by the federal census.
|
(f) No permanent polling place required by this Section |
shall be located within 1.5 miles from another permanent |
polling place required by this Section, unless such permanent |
polling place is within a municipality with a population of |
500,000 or more. |
(Source: P.A. 98-691, eff. 7-1-14.)
|
(10 ILCS 5/19A-15)
|
Sec. 19A-15. Period for early voting; hours.
|
(a) The period for early voting by personal appearance |
begins the 40th 15th day preceding a general primary, |
consolidated primary, consolidated, or
general election and |
extends through the end of the 3rd day before election day , |
except that for the 2014 general election the period for early |
voting by personal appearance shall extend through the 2nd day |
before election day .
|
(b) Except as otherwise provided by this Section, a |
permanent polling place for early voting must remain open |
beginning the 15th day before an election through the end of |
the day before election day during the
hours of 8:30 a.m. to |
4:30 p.m., or 9:00 a.m. to 5:00 p.m., on weekdays , except that |
beginning 8 days before election day, a permanent polling place |
for early voting must remain open during the hours of 8:30 a.m. |
to 7:00 p.m., or 9:00 a.m. to 7:00 p.m., and
9:00 a.m. to 12:00 |
p.m. on Saturdays and holidays, and 10:00 a.m. to 4 p.m. 12:00 |
|
p.m. to 3:00 p.m. on Sundays; except that, in addition to the |
hours required by this subsection, a permanent early voting |
polling place designated by an election authority under |
subsections subsection (c) , (d), and (e) of Section 19A-10 must |
remain open for a total of at least 8 hours on any holiday |
during the early voting period and a total of at least 14 hours |
on the final weekend during the early voting period. For the |
2014 general election, a permanent polling place for early |
voting must remain open during the hours of 8:30 a.m. to 4:30 |
p.m. or 9:00 a.m. to 5:00 p.m. on weekdays, except that |
beginning 8 days before election day, a permanent polling place |
for early voting must remain open during the hours of 8:30 a.m. |
to 7:00 p.m., or 9:00 a.m. to 7:00 p.m.. For the 2014 general |
election, a permanent polling place for early voting shall |
remain open during the hours of 9:00 a.m. to 12:00 p.m. on |
Saturdays and 10:00 a.m. to 4:00 p.m. on Sundays; except that, |
in addition to the hours required by this subsection (b), a |
permanent early voting place designated by an election |
authority under subsection (c) of Section 19A-10 must remain |
open for a total of at least 14 hours on the final weekend |
during the early voting period.
|
(c) Notwithstanding subsection subsections (a) and (b), an |
election authority may close an early voting polling place if |
the building in which the polling place is located has been |
closed by the State or unit of local government in response to |
a severe weather emergency or other force majeure . In the event |
|
of a closure, the election authority shall conduct early voting |
on the 2nd day before election day from 8:30 a.m. to 4:30 p.m. |
or 9:00 a.m. to 5:00 p.m. The election authority shall notify |
the State Board of Elections of any closure and shall make |
reasonable efforts to provide notice to the public of an |
alternative location for early voting the extended early voting |
period . |
(d) (Blank). Notwithstanding subsections (a) and (b), in |
2013 only, an election authority may close an early voting |
place on Good Friday, Holy Saturday, and Easter Sunday, |
provided that the early voting place remains open 2 hours later |
on April 3, 4, and 5 of 2013. The election authority shall |
notify the State Board of Elections of any closure and shall |
provide notice to the public of the closure and the extended |
hours during the final week. |
(Source: P.A. 97-81, eff. 7-5-11; 97-766, eff. 7-6-12; 98-4, |
eff. 3-12-13; 98-115, eff. 7-29-13; 98-691, eff. 7-1-14.)
|
(10 ILCS 5/19A-25)
|
Sec. 19A-25. Schedule of locations and times for early |
voting.
|
(a) The election authority shall publish during the week |
before the period
for early voting and at least once each week |
during the period for early voting
in a newspaper of general |
circulation in the election authority's jurisdiction
a |
schedule stating:
|
|
(1) the location of each permanent and temporary |
polling place for early
voting and the precincts served by |
each location; and
|
(2) the dates and hours that early voting will be |
conducted at each
location.
|
(b) The election authority shall post a copy of the |
schedule at any office
or other location that is to be used as |
a polling place for early voting. The
schedule must be posted |
continuously for a period beginning not later than the 10th
5th |
day before the first day of the
period for early voting by |
personal appearance and ending on the last day of
that period.
|
(c) The election authority must make copies of the schedule |
available to the
public in reasonable quantities without charge |
during the period of posting.
|
(d) If the election authority maintains a website, it shall |
make the schedule available on its website.
|
(e) No additional permanent polling places for early voting |
may be established after
the schedule is published under this |
Section. Additional temporary locations may be established |
after the schedule is published, provided that the location is |
open to all eligible voters. The location, dates, and hours |
shall be reported to the State Board of Elections and posted on |
the election authority's website.
|
(f) At least 10 days before the period for early voting |
begins, each election authority shall provide the State Board |
of Elections with a list of all early voting sites and the |
|
hours each site will be open. |
(Source: P.A. 94-645, eff. 8-22-05.)
|
(10 ILCS 5/19A-35)
|
Sec. 19A-35. Procedure for voting.
|
(a) Not more than 23 days before the start of the election, |
the county clerk
shall make available to the election official |
conducting early voting by
personal
appearance a sufficient |
number of early ballots, envelopes, and printed voting
|
instruction slips for the use of early voters. The election |
official shall
receipt for all ballots received and shall |
return unused or spoiled ballots at
the close of the early |
voting period to the county clerk and must strictly
account for |
all ballots received. The ballots delivered to the election
|
official must include early ballots for each precinct in the |
election
authority's jurisdiction and must include separate |
ballots for each political
subdivision conducting an election |
of officers or a referendum at that
election.
|
(b) In conducting early voting under this Article, the |
election judge or official is
required to verify the signature |
of the early voter by comparison with the
signature on the
|
official registration card, and the judge or official must |
verify (i) (i) the identity
of the applicant, (ii) that the |
applicant is a registered voter, (ii) (iii) the
precinct in |
which the applicant is registered, and (iii) (iv) the proper |
ballots of
the political subdivision in which the applicant |
|
resides and is entitled to
vote before providing an early |
ballot to the applicant. Except for during the 2014 general |
election, the applicant's identity must be verified by the |
applicant's presentation of an Illinois driver's license, a |
non-driver identification card issued by the Illinois |
Secretary of State, a photo identification card issued by a |
university or college, or another government-issued |
identification document containing the applicant's photograph. |
The election judge or official
must verify the applicant's |
registration from the most recent poll list
provided by the
|
election authority, and if the applicant is not listed on that |
poll list, by
telephoning the office of the election authority.
|
(b-5) A person requesting an early voting ballot to whom a |
vote by mail an absentee ballot was issued may vote early if |
the person submits that vote by mail absentee ballot to the |
judges of election or official conducting early voting for |
cancellation. If the voter is unable to submit the vote by mail |
absentee ballot, it shall be sufficient for the voter to submit |
to the judges or official (i) a portion of the vote by mail |
absentee ballot if the vote by mail absentee ballot was torn or |
mutilated or (ii) an affidavit executed before the judges or |
official specifying that (A) the voter never received a vote by |
mail an absentee ballot or (B) the voter completed and returned |
a vote by mail an absentee ballot and was informed that the |
election authority did not receive that vote by mail absentee |
ballot. |
|
(b-10) Within one day after a voter casts an early voting |
ballot, the election authority shall transmit the voter's name, |
street address, and precinct, ward, township, and district |
numbers, as the case may be, to the State Board of Elections, |
which shall maintain those names and that information in an |
electronic format on its website, arranged by county and |
accessible to State and local political committees. |
(b-15) Immediately after voting an early ballot, the voter |
shall be instructed whether the voting equipment accepted or |
rejected the ballot or identified that ballot as under-voted |
for a statewide constitutional office. A voter whose ballot is |
identified as under-voted may return to the voting booth and |
complete the voting of that ballot. A voter whose early voting |
ballot is not accepted by the voting equipment may, upon |
surrendering the ballot, request and vote another early voting |
ballot. The voter's surrendered ballot
shall be initialed by |
the election judge or official conducting the early voting and |
handled as provided in the appropriate
Article governing the |
voting equipment used.
|
(c) The sealed early ballots in their carrier envelope |
shall be delivered by
the election authority to the central |
ballot counting location before the close of the
polls on the |
day of the election.
|
(Source: P.A. 98-691, eff. 7-1-14.)
|
(10 ILCS 5/19A-75)
|
|
Sec. 19A-75. Early voting in jurisdictions using Direct |
Recording Electronic Voting Systems under Article 24C. |
Election authorities that have adopted for use Direct Recording |
Electronic Voting Systems under Article 24C may either use |
those voting systems to conduct early voting or, so long as at |
least one Direct Recording Electronic Voting System device is |
available at each early voting polling place, use whatever |
method the election authority uses for vote by mail absentee |
balloting conducted by mail ; provided that no early ballots are |
counted before the polls close on election day.
|
(Source: P.A. 94-645, eff. 8-22-05.)
|
(10 ILCS 5/20-1) (from Ch. 46, par. 20-1)
|
Sec. 20-1.
The following words and phrases contained in |
this Article
shall be construed as follows:
|
1. "Territorial limits of the United States" means each of |
the several
States of the United States and includes the |
District of Columbia, the
Commonwealth of Puerto Rico, Guam and |
the Virgin Islands; but does not
include American Samoa, the |
Canal Zone, the Trust Territory of the Pacific
Islands or any |
other territory or possession of the United States.
|
2. "Member of the United States Service" means (a) members |
of the Armed
Forces while on active duty and their spouses and |
dependents of voting
age when residing with or accompanying |
them, (b) members of the Merchant
Marine of the United States |
and their spouses and dependents when residing
with or |
|
accompanying them and (c) United States government employees |
serving
outside the territorial limits of the United States.
|
3. "Citizens of the United States temporarily residing |
outside the
territorial limits of the United States" means |
civilian citizens of the
United States and their spouses and |
dependents of voting age when residing
with or accompanying |
them, who maintain a precinct residence in a county in
this |
State and whose intent to return may be ascertained.
|
4. "Non-Resident Civilian Citizens" means civilian |
citizens of the United
States (a) who reside outside the |
territorial limits of the United States,
(b) who had maintained |
a precinct residence in a county in this State
immediately |
prior to their departure from the United States, (c) who do not
|
maintain a residence and are not registered to vote in any |
other State, and
(d) whose intent to return to this State may |
be uncertain.
|
5. "Official postcard" means the postcard application for |
registration
to vote or for a vote by mail an absentee ballot |
in the form provided in Section 204(c)
of the Federal Voting |
Rights Act of 1955, as amended (42 U.S.C. 1973cc-14(c)).
|
6. "Federal office" means the offices of President and |
Vice-President
of the United States, United States Senator, |
Representative in Congress,
delegates and alternate delegates |
to the national nominating conventions
and candidates for the |
Presidential Preference Primary.
|
7. "Federal election" means any general, primary or special |
|
election at
which candidates are nominated or elected to |
Federal office.
|
8. "Dependent", for purposes of this Article, shall mean a |
father, mother,
brother, sister, son or daughter.
|
9. "Electronic transmission" includes, but is not limited |
to, transmission by electronic mail or the Internet. |
(Source: P.A. 96-1004, eff. 1-1-11.)
|
(10 ILCS 5/20-2) (from Ch. 46, par. 20-2)
|
Sec. 20-2. Any member of the United States Service, |
otherwise qualified
to vote, who expects in the course of his |
duties to be absent from the
county in which he resides on the |
day of holding any election may make
application for a vote by |
mail an absentee ballot to the election authority having
|
jurisdiction over his precinct of residence on the official |
postcard or on
a form furnished by the election authority as |
prescribed by Section 20-3 of
this Article not less than 10 |
days before the election. A request pursuant
to this Section |
shall entitle the applicant to a vote by mail an absentee |
ballot for every
election in one calendar year. The original |
application for ballot shall be
kept in the office of the |
election authority for one year as authorization
to send a |
ballot to the voter for each election to be held within that
|
calendar year. A certified copy of such application for ballot |
shall be
sent each election with the vote by mail absentee |
ballot to the election authority's central ballot counting |
|
location to be used
in lieu of the original application for |
ballot. No registration shall be
required in order to vote |
pursuant to this Section.
|
Ballots under this Section shall be mailed by the election |
authority in
the manner prescribed by Section 20-5 of this |
Article and not otherwise.
Ballots voted under this Section |
must be returned postmarked no later than midnight preceding |
election day and received for counting at the central ballot |
counting location of the election authority during the period |
for counting provisional ballots, the last day of which is the |
14th day following election day.
|
(Source: P.A. 96-312, eff. 1-1-10.)
|
(10 ILCS 5/20-2.1) (from Ch. 46, par. 20-2.1)
|
Sec. 20-2.1. Citizens of the United States temporarily |
residing outside
the territorial limits of the United States |
who are not registered but
otherwise qualified to vote and who |
expect to be absent from their county
of residence during the |
periods of voter registration provided for in
Articles 4, 5 or |
6 of this Code and on the day of holding any election, may
make |
simultaneous application to the election authority having |
jurisdiction
over their precinct of residence for an absentee |
registration by mail and vote by mail absentee
ballot not less |
than 30 days before the election. Such application may be
made |
on the official postcard or on a form furnished by the election
|
authority as prescribed by Section 20-3 of this Article or by |
|
facsimile or electronic transmission. A request pursuant
to |
this Section shall entitle the applicant to a vote by mail an |
absentee ballot for every
election in one calendar year. The |
original application for ballot shall be
kept in the office of |
the election authority for one year as authorization
to send a |
ballot to the voter for each election to be held within that
|
calendar year. A certified copy of such application for ballot |
shall be
sent each election with the vote by mail absentee |
ballot to the election authority's central ballot counting |
location to be used
in lieu of the original application for |
ballot.
|
Registration shall be required in order to vote pursuant to |
this Section.
However, if the election authority receives one |
of such applications after
30 days but not less than 10 days |
before a Federal election, said applicant
shall be sent a |
ballot containing the Federal offices only and registration
for |
that election shall be waived.
|
Ballots under this Section shall be delivered by the |
election authority in
the manner prescribed by Section 20-5 of |
this Article in person, by mail, or, if requested by the |
applicant and the election authority has the capability, by |
facsimile transmission or by electronic transmission.
|
Ballots voted under this Section must be returned |
postmarked no later than midnight preceding election day and |
received for counting at the central ballot counting location |
of the election authority during the period for counting |
|
provisional ballots, the last day of which is the 14th day |
following election day.
|
(Source: P.A. 96-312, eff. 1-1-10; 96-1004, eff. 1-1-11.)
|
(10 ILCS 5/20-2.2) (from Ch. 46, par. 20-2.2)
|
Sec. 20-2.2. Any non-resident civilian citizen, otherwise |
qualified to
vote, may make application to the election |
authority having jurisdiction
over his precinct of former |
residence for a vote by mail an absentee ballot containing
the |
Federal offices only not less than 10 days before a Federal |
election.
Such application may be made on the official postcard |
or by facsimile or electronic transmission. A request
pursuant |
to this Section shall entitle the applicant to a vote by mail |
an absentee ballot
for every election in one calendar year at |
which Federal offices are
filled. The original application for |
ballot shall be kept in the office of
the election authority |
for one year as authorization to send a ballot to
the voter for |
each election to be held within that calendar year at which
|
Federal offices are filled. A certified copy of such |
application for
ballot shall be sent each election with the |
vote by mail absentee ballot to the election authority's |
central ballot counting location to be used in lieu of the |
original application for ballot.
No registration shall be |
required in order to vote pursuant to this Section.
Ballots |
under this Section shall be delivered by the election authority |
in
the manner prescribed by Section 20-5 of this Article in |
|
person, by mail, or, if requested by the applicant and the |
election authority has the capability, by facsimile |
transmission or by electronic transmission.
Ballots voted |
under this Section must be returned postmarked no later than |
midnight preceding election day and received for counting at |
the central ballot counting location of the election authority |
during the period for counting provisional ballots, the last |
day of which is the 14th day following election day.
|
(Source: P.A. 96-312, eff. 1-1-10; 96-1004, eff. 1-1-11.)
|
(10 ILCS 5/20-2.3) (from Ch. 46, par. 20-2.3)
|
Sec. 20-2.3. Members of the Armed Forces and their spouses |
and dependents. Any member of the United
States Armed Forces |
while on active duty, and his or her spouse and dependents, |
otherwise qualified to vote, who
expects in the course of his |
or her duties to be absent from the county in
which he or she |
resides on the day of holding any election, in addition to any
|
other method of making application for vote by mail an absentee |
ballot under this
Article, may make application for a vote by |
mail an absentee ballot to the election
authority having |
jurisdiction over his or her precinct of residence by a
|
facsimile machine or electronic transmission not less than 10 |
days before
the election.
|
Ballots under this Section shall be delivered by the |
election authority in
the manner prescribed by Section 20-5 of |
this Article in person, by mail, or, if requested by the |
|
applicant and the election authority has the capability, by |
facsimile transmission or by electronic transmission.
Ballots |
voted under this Section must be returned postmarked no later |
than midnight preceding election day and received for counting |
at the central ballot counting location of the election |
authority during the period for counting provisional ballots, |
the last day of which is the 14th day following election day.
|
(Source: P.A. 96-312, eff. 1-1-10; 96-512, eff. 1-1-10; |
96-1000, eff. 7-2-10; 96-1004, eff. 1-1-11.)
|
(10 ILCS 5/20-3) (from Ch. 46, par. 20-3)
|
Sec. 20-3.
The election authority shall furnish the |
following
applications for absentee registration by mail or |
vote by mail absentee ballot which shall be
considered a method |
of application in lieu of the official postcard.
|
1. Members of the United States Service, citizens of the |
United
States temporarily residing outside the territorial |
limits of the United
States, and certified program participants |
under the Address Confidentiality
for Victims of Domestic |
Violence Act may make application within the periods
prescribed |
in Sections
20-2 or 20-2.1, as the case may be. Such |
application shall be
substantially in the following form:
|
"APPLICATION FOR BALLOT
|
To be voted at the............ election in the precinct in |
which is
located my residence at..............., in the |
city/village/township of
............(insert home address) |
|
County of........... and State of
Illinois.
|
I state that I am a citizen of the United States; that on |
(insert
date of election) I shall have resided in the State of |
Illinois and in
the election precinct for 30 days; that on the |
above date I shall be the
age of 18 years or above; that I am |
lawfully entitled to vote in such
precinct at that election; |
that I am (check category 1, 2, or 3
below):
|
1. ( ) a member of the United States Service,
|
2. ( ) a citizen of the United States temporarily residing |
outside
the territorial limits of the United States and that I |
expect to be
absent from the said county of my residence on the |
date of holding such
election, and that I will have no |
opportunity to vote in person on that
day.
|
3. ( ) a certified program participant under the Address
|
Confidentiality for Victims of Domestic Violence Act.
|
I hereby make application for an official ballot or ballots |
to be
voted by me at such election if I am absent from the said |
county of my
residence, and I agree that I shall return said |
ballot or ballots to the
election authority postmarked no later |
than midnight preceding election day, for counting no later |
than during the period for counting provisional ballots, the |
last day of which is the 14th day following election day or |
shall destroy said ballot or ballots.
|
(Check below only if category 2 or 3 and not previously |
registered)
|
( ) I hereby make application to become registered as a |
|
voter and
agree to return the forms and affidavits for |
registration to the
election authority not later than 30 days |
before the election.
|
Under penalties as provided by law pursuant to Article 29 |
of The
Election Code, the undersigned certifies that the |
statements set forth
in this application are true and correct.
|
.........................
|
Post office address or service address to which |
registration
materials or ballot should be mailed
|
.........................
|
.........................
|
.........................
|
........................"
|
If application is made for a primary election ballot, such
|
application shall designate the name of the political party |
with which
the applicant is affiliated.
|
Such applications may be obtained from the election |
authority having
jurisdiction over the person's precinct of |
residence.
|
2. A spouse or dependent of a member of the United States |
Service,
said spouse or dependent being a registered voter in |
the county, may
make application on behalf of said person in |
the office of the election
authority within the periods |
prescribed in Section 20-2 which shall be
substantially in the |
following form:
|
"APPLICATION FOR BALLOT to be voted at the........... election |
|
in
the precinct in which is located the residence of the person |
for whom
this application is made at.............(insert |
residence address) in
the city/village/township of......... |
County of.......... and State
of Illinois.
|
I certify that the following named person................ |
(insert
name of person) is a member of the United States |
Service.
|
I state that said person is a citizen of the United States; |
that on
(insert date of election) said person shall have |
resided in the State of
Illinois and in the election precinct |
for which this application is made
for 30 days; that on the |
above date said person shall be the age of 18
years or above; |
that said person is lawfully entitled to vote in such
precinct |
at that election; that said person is a member of the United
|
States Service, and that in the course of his duties said |
person expects
to be absent from his county of residence on the |
date of holding such
election, and that said person will have |
no opportunity to vote in
person on that day.
|
I hereby make application for an official ballot or ballots |
to be
voted by said person at such election and said person |
agrees that he
shall return said ballot or ballots to the |
election authority postmarked no later than midnight preceding |
election day, for counting no later than during the period for |
counting provisional ballots, the last day of which is the 14th |
day following election day, or shall destroy
said ballot or |
ballots.
|
|
I hereby certify that I am the (mother, father, sister, |
brother,
husband or wife) of the said elector, and that I am a |
registered voter
in the election precinct for which this |
application is made. (Strike all
but one that is applicable.)
|
Under penalties as provided by law pursuant to Article 29 |
of The
Election Code, the undersigned certifies that the |
statements set forth
in this application are true and correct.
|
Name of applicant ......................
|
Residence address ........................
|
City/village/township........................
|
Service address to which ballot should be mailed:
|
.........................
|
.........................
|
.........................
|
........................"
|
If application is made for a primary election ballot, such
|
application shall designate the name of the political party |
with which
the person for whom application is made is |
affiliated.
|
Such applications may be obtained from the election |
authority having
jurisdiction over the voting precinct in which |
the person for whom
application is made is entitled to vote.
|
(Source: P.A. 96-312, eff. 1-1-10.)
|
(10 ILCS 5/20-4)
(from Ch. 46, par. 20-4)
|
Sec. 20-4. Immediately upon the receipt of the official |
|
postcard or
an application as provided in Section 20-3 within |
the times heretofore
prescribed, the election authority shall |
ascertain whether or not such
applicant is legally entitled to |
vote as requested, including verification of the applicant's |
signature by comparison with the signature on the official |
registration record card, if any. If the election
authority |
ascertains that the applicant
is lawfully entitled to vote, it |
shall enter the name, street address,
ward and precinct number |
of such applicant on a list to be posted in his
or its office in |
a place accessible to the public.
Within one day after posting |
the name and other information of an
applicant for a ballot, |
the election authority shall transmit that name and
posted |
information to the State Board of Elections, which shall |
maintain the
names and other information in an electronic |
format on its website, arranged by
county and accessible to |
State and local political committees.
As soon as the
official |
ballot is prepared the election authority shall immediately
|
deliver the same to the applicant in person, by mail, by |
facsimile transmission, or by electronic transmission as |
provided in this Article.
|
If any such election authority receives a second or |
additional
application which it believes is from the same |
person, he or it shall
submit it to the chief judge of the |
circuit court or any judge of that
court designated by the |
chief judge. If the chief judge or his designate
determines |
that the application submitted to him is a second or
additional |
|
one, he shall so notify the election authority who shall
|
disregard the second or additional application.
|
The election authority shall maintain a list for each |
election of the
voters to whom it has issued vote by mail |
absentee ballots. The list
shall be maintained for each |
precinct within the jurisdiction of the
election authority. |
Prior to the opening of the polls on election day,
the election |
authority shall deliver to the judges of election in each
|
precinct the list of registered voters in that precinct to whom |
vote by mail absentee
ballots have been issued.
|
Election authorities may transmit by facsimile or other |
electronic means a ballot simultaneously with transmitting an |
application for vote by mail absentee ballot; however, no such |
ballot shall be counted unless an application has been |
completed by the voter and the election authority ascertains |
that the applicant is lawfully entitled to vote as provided in |
this Section. |
(Source: P.A. 96-1004, eff. 1-1-11.)
|
(10 ILCS 5/20-5) (from Ch. 46, par. 20-5)
|
Sec. 20-5.
The election authority shall fold the ballot or |
ballots in
the manner specified by the statute for folding |
ballots prior to their
deposit in the ballot box and shall |
enclose such ballot in an envelope
unsealed to be furnished by |
it, which envelope shall bear upon the face
thereof the name, |
official title and post office address of the election
|
|
authority, and upon the other side of such envelope there shall |
be
printed a certification in substantially the following form:
|
"CERTIFICATION
|
I state that I am a resident/former resident of the ....... |
precinct of
the city/village/township of ............, |
(Designation to be made by
Election Authority) or of the .... |
ward in the city of ...........
(Designation to be made by |
Election Authority) residing at ................
in said |
city/village/township in the county of ........... and State of
|
Illinois; that I am a
|
1. ( ) member of the United States Service
|
2. ( ) citizen of the United States temporarily residing |
outside the
territorial limits of the United States
|
3. ( ) nonresident civilian citizen
|
and desire to cast the enclosed ballot pursuant to Article 20 |
of The Election
Code; that I am lawfully entitled to vote in |
such precinct at the ...........
election to be held on |
............
|
I further state that I marked the enclosed ballot in |
secret.
|
Under penalties as provided by law pursuant to Article 29 |
of The
Election Code, the undersigned certifies that the |
statements set forth
in this certification are true and |
correct.
|
...............(Name)
|
.....................
|
|
(Service Address)"
|
.....................
|
.....................
|
.....................
|
If the ballot enclosed is to be voted at a primary |
election, the
certification shall designate the name of the |
political party with which
the voter is affiliated.
|
In addition to the above, the election authority shall |
provide
printed slips giving full instructions regarding the |
manner of completing
the forms and affidavits for absentee |
registration by mail or the manner of marking
and returning the |
ballot in order that the same may be counted, and
shall furnish |
one of the printed slips to each of the applicants at the
same |
time the registration materials or ballot is delivered to him.
|
In addition to the above, if a ballot to be provided to an |
elector
pursuant to this Section contains a public question |
described in subsection
(b) of Section 28-6 and the territory |
concerning which the question is
to be submitted is not |
described on the ballot due to the space limitations
of such |
ballot, the election authority shall provide a printed copy of
|
a notice of the public question, which shall include a |
description of the
territory in the manner required by Section |
16-7. The
notice shall be furnished to the elector at the same |
time the ballot
is delivered to the elector.
|
The envelope in which such registration or such ballot is |
mailed to the
voter as well as the envelope in which the |
|
registration materials or the
ballot is returned by the voter |
shall have
printed across the face thereof two parallel |
horizontal red bars, each
one-quarter inch wide, extending from |
one side of the envelope to the
other side, with an intervening |
space of one-quarter inch, the top bar
to be one and |
one-quarter inches from the top of the envelope, and with
the |
words "Official Election Balloting Material-VIA AIR MAIL" |
between the
bars. In the upper right corner of such envelope in |
a box, there shall be
printed the words: "U.S. Postage Paid 42 |
USC 1973". All printing
on the face of such envelopes shall be |
in red, including an appropriate
inscription or blank in the |
upper left corner of return address of sender.
|
The envelope in which the ballot is returned to the |
election authority may be delivered (i) by mail, postage paid, |
(ii) in person, by the spouse, parent, child, brother, or |
sister of the voter, or (iii) by a company engaged in the |
business of making deliveries of property and licensed as a |
motor carrier of property by the Illinois Commerce Commission |
under the Illinois Commercial Transportation Law. |
Election authorities transmitting ballots by facsimile or |
electronic transmission shall, to the extent possible, provide |
those applicants with the same instructions, certification, |
and other materials required when sending by mail. |
(Source: P.A. 96-512, eff. 1-1-10; 96-1004, eff. 1-1-11.)
|
(10 ILCS 5/20-6) (from Ch. 46, par. 20-6)
|
|
Sec. 20-6.
Such vote by mail absent voter shall make and |
subscribe to the certifications
provided for in the application |
and on the return envelope for the
ballot, and such ballot or |
ballots shall then be folded by such voter in
the manner |
required to be folded before depositing the same in the
ballot |
box, and be deposited in such envelope and the envelope |
securely
sealed. The envelope in which the ballot is returned |
to the election authority may be delivered (i) by mail, postage |
paid, (ii) in person, by the spouse, parent, child, brother, or |
sister of the voter, or (iii) by a company engaged in the |
business of making deliveries of property and licensed as a |
motor carrier of property by the Illinois Commerce Commission |
under the Illinois Commercial Transportation Law.
|
(Source: P.A. 96-512, eff. 1-1-10.)
|
(10 ILCS 5/20-7) (from Ch. 46, par. 20-7)
|
Sec. 20-7.
Upon receipt of such vote by mail absent voter's |
ballot, the officer or
officers above described shall forthwith |
enclose the same unopened,
together with the application made |
by said vote by mail absent voter in a large or
carrier |
envelope which shall be securely sealed and endorsed with the
|
name and official title of such officer and the words, "This |
envelope
contains a vote by mail an absent voter's ballot and |
must be opened
on election day," together with
the number and |
description of the precinct in which said ballot is to be
|
voted, and such officer shall thereafter safely keep the same |
|
in his
office until counted by him as provided in the next |
section.
|
(Source: P.A. 81-155.)
|
(10 ILCS 5/20-8) (from Ch. 46, par. 20-8)
|
Sec. 20-8. Time and place of counting ballots. |
(a) (Blank.) |
(b) Each vote by mail absent voter's ballot returned to an |
election authority, by any means authorized by this Article, |
and received by that election authority may be processed by the |
election authority beginning on the 15th day before election |
day before the closing of the polls on election day shall be |
endorsed by the receiving election authority with the day and |
hour of receipt and shall be counted in the central ballot |
counting location of the election authority , but the results of |
the processing may not be counted until on the day of the |
election after 7:00 p.m., except as provided in subsections (g) |
and (g-5).
|
(c) Each vote by mail absent voter's ballot that is mailed |
to an election authority and postmarked no later than by the |
midnight preceding the opening of the polls on election day, |
but that is received by the election authority after the polls |
close on election day and before the close of the period for |
counting provisional ballots cast at that election, shall be |
endorsed by the receiving authority with the day and hour of |
receipt and shall be counted at the central ballot counting |
|
location of the election authority during the period for |
counting provisional ballots. |
Each vote by mail absent voter's ballot that is mailed to |
an election authority absent a postmark, but that is received |
by the election authority after the polls close on election day |
and before the close of the period for counting provisional |
ballots cast at that election, shall be endorsed by the |
receiving authority with the day and hour of receipt, opened to |
inspect the date inserted on the certification, and, if the |
certification date is a date preceding the election day and the |
ballot is otherwise found to be valid under the requirements of |
this Section, counted at the central ballot counting location |
of the election authority during the period for counting |
provisional ballots. Absent a date on the certification, the |
ballot shall not be counted.
|
(d) Special write-in vote by mail absentee voter's blank |
ballots returned to an election authority, by any means |
authorized by this Article, and received by the election |
authority at any time before the closing of the polls on |
election day shall be endorsed by the receiving election |
authority with the day and hour of receipt and shall be counted |
at the central ballot counting location of the election |
authority during the same period provided for counting vote by |
mail absent voters' ballots under subsections (b), (g), and |
(g-5). Special write-in vote by mail absentee voter's blank |
ballot that are mailed to an election authority and postmarked |
|
by midnight preceding the opening of the polls on election day, |
but that are received by the election authority after the polls |
close on election day and before the closing of the period for |
counting provisional ballots cast at that election, shall be |
endorsed by the receiving authority with the day and hour of |
receipt and shall be counted at the central ballot counting |
location of the election authority during the same periods |
provided for counting vote by mail absent voters' ballots under |
subsection (c).
|
(e) Except as otherwise provided in this Section, vote by |
mail absent voters' ballots and special write-in vote by mail |
absentee voter's blank ballots received by the election |
authority after the closing of the polls on the day of election |
shall be
endorsed by the person receiving the ballots with the |
day and hour of
receipt and shall be safely kept unopened by |
the election authority for
the period of time required for the |
preservation of ballots used at the
election, and shall then, |
without being opened, be destroyed in like
manner as the used |
ballots of that election.
|
(f) Counting required under this Section to begin on |
election day after the closing of the polls shall commence no |
later than 8:00 p.m. and shall be conducted
by a panel or |
panels of election judges appointed in the manner provided
by |
law. The counting shall continue until all vote by mail absent |
voters' ballots and special write-in vote by mail absentee |
voter's blank ballots required to be counted on election day |
|
have been counted.
|
(g) The procedures set forth in Articles 17 and
18 of this |
Code shall apply to all ballots counted under
this Section. In |
addition, within 2 days after a ballot subject to this Article |
is received, but in all cases before the close of the period |
for counting provisional ballots, the election judge or |
official shall compare the voter's signature on the |
certification envelope of that ballot with the signature of the |
voter on file in the office of the election authority. If the |
election judge or official determines that the 2 signatures |
match, and that the voter is otherwise qualified to cast a |
ballot under this Article, the election authority shall cast |
and count the ballot on election day or the day the ballot is |
determined to be valid, whichever is later, adding the results |
to the precinct in which the voter is registered. If the |
election judge or official determines that the signatures do |
not match, or that the voter is not qualified to cast a ballot |
under this Article, then without opening the certification |
envelope, the judge or official shall mark across the face of |
the certification envelope the word "Rejected" and shall not |
cast or count the ballot. |
In addition to the voter's signatures not matching, a |
ballot subject to this Article may be rejected by the election |
judge or official: |
(1) if the ballot envelope is open or has been opened |
and resealed; |
|
(2) if the voter has already cast an early or grace |
period ballot; |
(3) if the voter voted in person on election day or the |
voter is not a duly registered voter in the precinct; or |
(4) on any other basis set forth in this Code. |
If the election judge or official determines that any of |
these reasons apply, the judge or official shall mark across |
the face of the certification envelope the word "Rejected" and |
shall not cast or count the ballot. |
(g-5) If a ballot subject to this Article is rejected by |
the election judge or official for any reason, the election |
authority shall, within 2 days after the rejection but in all |
cases before the close of the period for counting provisional |
ballots, notify the voter that his or her ballot was rejected. |
The notice shall inform the voter of the reason or reasons the |
ballot was rejected and shall state that the voter may appear |
before the election authority, on or before the 14th day after |
the election, to show cause as to why the ballot should not be |
rejected. The voter may present evidence to the election |
authority supporting his or her contention that the ballot |
should be counted. The election authority shall appoint a panel |
of 3 election judges to review the contested ballot, |
application, and certification envelope, as well as any |
evidence submitted by the vote by mail absentee voter. No more |
than 2 election judges on the reviewing panel shall be of the |
same political party. The reviewing panel of election judges |
|
shall make a final determination as to the validity of the |
contested ballot. The judges' determination shall not be |
reviewable either administratively or judicially. |
A ballot subject to this subsection that is determined to |
be valid shall be counted before the close of the period for |
counting provisional ballots. |
(g-10) All ballots determined to be valid shall be added to |
the vote totals for the precincts for which they were cast in |
the order in which the ballots were opened.
|
(h) Each political party,
candidate, and qualified civic |
organization shall be entitled to have
present one pollwatcher |
for each panel of election judges therein assigned.
|
(Source: P.A. 94-557, eff. 8-12-05; 94-1000, eff. 7-3-06; |
95-699, eff. 11-9-07.)
|
(10 ILCS 5/20-10) (from Ch. 46, par. 20-10)
|
Sec. 20-10.
Pollwatchers shall be
permitted to be present |
during the casting of the vote by mail absent voters' ballots
|
and the vote of any vote by mail 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 vote by |
mail 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 mailing address as stated in the certification |
|
and
application for ballot.
|
(Source: P.A. 80-1090.)
|
(10 ILCS 5/20-13) (from Ch. 46, par. 20-13)
|
Sec. 20-13.
If otherwise qualified to vote, any person not |
covered by
Sections 20-2, 20-2.1 or 20-2.2 of this Article who |
is not registered to
vote and who is temporarily absent from |
his county of residence, may make
special application to the |
election authority having jurisdiction over
his precinct of |
permanent residence, not less than 5 days
before a presidential |
election, for a vote by mail an absentee ballot to vote for the
|
president and vice-president only. Such application shall be |
furnished by
the election authority and shall be in |
substantially the following form:
|
SPECIAL VOTE BY MAIL ABSENTEE BALLOT APPLICATION (For use |
by non-registered Illinois
residents temporarily absent from |
the county to vote for the president and
vice-president only)
|
AFFIDAVIT
|
1. I hereby request a vote by mail an absentee ballot to |
vote for the president and
vice-president only ......... |
(insert date of general election)
|
2. I am a citizen of the United States and a permanent |
resident of Illinois.
|
3. I have maintained, and still maintain, a permanent abode |
in Illinois
for the past .......... years at: .......... |
(House) .......... (Number)
.......... (Street) .......... |
|
(City) .......... (Village) .......... (Town)
|
4. I will not be able to regularly register in person as a |
voter because
.................... (Give reason for temporary |
absence such as "Student",
"Temporary job transfer", etc.)
|
5. I was born .......... (Month) .......... (Day) |
.......... (Year) in
.................... (State or County);
|
6. To be filled in only by a person who is foreign-born (If |
answer is
"yes" in either a. or b. below, fill in appropriate |
information in c.):
|
a. One or both of my parents were United States citizens at |
the
time of my birth?
|
( ) YES ( ) NO)
|
b. My United States citizenship was derived through an act |
of the Congress
of the United States?
|
( ) YES ( ) NO
|
c. The name of the court issuing papers and the date |
thereof upon which
my United States citizenship was derived is |
.................... located
in .......... (City) .......... |
(State) on .......... (Month) ..........
(Day) .......... |
(Year)
|
(For persons who derived citizenship through papers issued |
through a parent
or spouse, fill in the following)
|
(1) My parents or spouse's name is:
|
......... (First) .......... (Middle) .......... (Last)
|
(2) ........ (Month) .......... (Day) .......... (Year)
|
is the date of my marriage or my age at which time I |
|
derived my citizenship.
|
7. I am not registered as a voter in any other county in |
the State of
Illinois or in any other State.
|
8. I am not requesting a ballot from any other place and am |
not voting
in any other manner in this election and I have not |
voted and do not intend
to vote in this election at any other |
address. I request that you mail
my ballot to the following |
address:
|
(Print name and complete mailing address)
|
.........................................
|
.........................................
|
.........................................
|
9. Under penalties as provided by law pursuant to Article |
29 of The
Election Code, the undersigned certifies that the |
statements set forth in
this application are true and correct.
|
......................
|
Signature of Applicant
|
The procedures set forth in Sections 20-4 through 20-12 of |
this Article,
insofar as they may be made applicable, shall be |
applicable to vote by mail absentee
voting under this Section.
|
(Source: P.A. 86-875.)
|
(10 ILCS 5/20-13.1) (from Ch. 46, par. 20-13.1)
|
Sec. 20-13.1.
Any person not covered by Sections 20-2, |
20-2.1 or 20-2.2
of this Article who is registered to vote but |
who is disqualified from voting
because he moved outside his |
|
election precinct during the 30 days preceding
a presidential |
election may make special application to the election authority
|
having jurisdiction over his precinct of former residence by |
mail, not more
than 30 nor less than 5 days before a Federal |
election, or in person in
the office of the election authority, |
not more than 30 nor less than 1 day
before a Federal election, |
for a vote by mail an absentee ballot to vote for the president
|
and vice-president only. Such application shall be furnished by |
the election
authority and shall be in substantially the |
following form:
|
SPECIAL VOTER APPLICATION
|
(For use by registered Illinois voters disqualified for |
having moved
outside their precinct on or after the 30th day |
preceding the election,
to vote for president and |
vice-president only.)
|
1. I hereby request a ballot to vote for president and |
vice-president
only on .......... (insert date of general |
election).
|
2. I am a citizen of the United States and my present |
address is:
....................
(Residence Number) .......... |
(Street) ....................
(City/Village/Township)
|
.......... (County) .......... (State).
|
3. As of .......... (Month), .......... (Day), .......... |
(Year) I was
a registered voter at .......... (Residence |
Number) .......... (Street)
.................... |
(City/Village/Township).
|
|
4. I moved to my present address on .......... (Month) |
.......... (Day)
.......... (Year).
|
5. I have not registered to vote from nor have I requested |
a ballot in
any other election jurisdiction in this State or in |
another State.
|
6. (If vote by mail absentee request), I request that you |
mail the ballot to the following address:
|
Print name and complete mailing address.
|
........................................
|
........................................
|
........................................
|
Under the penalties as provided by law pursuant to Article |
29 of The Election
Code, the undersigned certifies that the |
statements set forth in
this application are true and correct.
|
........................
|
(Signature of Applicant)
|
7. Subscribed and sworn to before me on .......... (Month) |
..........
(Day) .......... (Year)
|
........................
|
(Signature of Official
|
Administering Oath)
|
The procedures set forth in Sections 20-4 through 20-12 of |
this Article,
insofar as they may be made applicable, shall be |
applicable to vote by mail absentee
voting under this Section.
|
(Source: P.A. 90-655, eff. 7-30-98.)
|
|
(10 ILCS 5/20-25) |
Sec. 20-25. Extraordinary procedures. In the event of a |
deployment of the United States Armed Forces or the declaration |
of an emergency by the President of the United States or the |
Governor of Illinois, The Governor or the executive director of |
the State Board of Elections may modify the registration and |
voting procedures established by this Article or by rules |
adopted pursuant to this Article for the duration of the |
deployment or emergency in order to facilitate vote by mail |
absentee voting under this Article. The Governor or executive |
director, as the case may be, then promptly shall notify each |
election authority of the changes in procedures. Each election |
authority shall publicize the modifications and shall provide |
notice of the modifications to each person under its |
jurisdiction subject to this Article for whom the election |
authority has contact information.
|
(Source: P.A. 96-1004, eff. 1-1-11.)
|
(10 ILCS 5/24-15) (from Ch. 46, par. 24-15)
|
Sec. 24-15.
As soon as the polls are closed, the voting |
machine or machines
shall be locked in order to prevent further |
voting and each machine shall
be sealed against voting and |
tampering, with a numbered metal seal, and the
number of such |
metal seal shall be recorded at once on the certificate
|
provided for that purpose, and the number on the protective |
counter of each
voting machine shall also be recorded on the |
|
certificate in the space
provided for that purpose, and the |
number on the public counter shall be
recorded in the space |
provided for that purpose. The counting compartment
shall then |
be opened in the presence of all the precinct election |
officials
and all watchers and other persons who may be |
lawfully within the room,
giving full view of the numbers |
announcing the votes cast for each
candidate, and the vote for |
and against each of the questions or other
propositions. |
Provided, however, when a machine is equipped with a device
|
which will automatically record the number on the registering |
columns for
each candidate, question or proposition on the back |
of the machine to a
paper recording sheet then the recording |
sheet shall be removed and the
vote cast shall be announced |
from the recording sheet for each candidate
and the vote for |
and against each question or proposition. When voting
machines |
are used in an election precinct, the watchers provided by law |
to
be present in the polling place on election day shall be |
permitted to make
a record of the number on the metal seal with |
which each voting machine is
sealed, and to also record the |
number shown on the protective counter of
each voting machine, |
and such watchers shall also be permitted to examine
the |
counters of the voting machines as the totals are being |
announced for
transcription to the return sheets or from the |
recording sheets and also to
examine the return sheets or the |
recording sheets as the totals are being
recorded or checked |
thereon. In voting machine precincts where the voting
machine |
|
is not equipped with the automatic recording sheet the officer,
|
officers board or boards charged by law to furnish the ballot |
labels for
the voting machines shall also furnish for each |
election precinct in which
a voting machine is to be used, at |
least two duplicate return sheets which
shall be used by the |
precinct election board of such election precinct for
recording |
the results of the election. Such return sheets shall be |
printed
in the form of a diagram exactly corresponding, in |
arrangement, with the
face of the voting machine, and such |
return sheets shall also correspond,
in as far as arrangement |
is concerned, with the sample ballots, and each
return sheet |
shall provide printed instructions for the exact procedure
|
which the precinct election board shall follow when making the |
canvass of
the results of the election, and such return sheets |
shall also provide the
office titles, party names, candidates' |
names and code letters and number,
arranged in the same manner |
as on the ballot labels, and there shall be
provided a space |
for inserting the serial number of each voting machine, so
that |
the totals recorded from each voting machine may be identified |
as
being from a certain voting machine, and there shall be |
provided a space
for recording such separate total for each |
candidate and constitutional
amendment, or other question or |
proposition, from each separate voting
machine, and a space for |
recording the total of the vote by mail and early mail and |
absentee vote
in the same manner, so that the final total for |
each candidate,
constitutional amendment, question or other |
|
proposition, may be totaled by
adding all the figures in a |
column. Totals on the return sheets shall be
recorded in |
figures only, in ink. The same authorities shall also furnish
|
to each such election precinct suitable printed forms for use |
by the
precinct election board, in making out the certificates |
provided for in
this Article. Such certificates shall be made a |
part of the return sheets
if practicable, or may be on separate |
sheets.
|
(Source: Laws 1961, p. 2492.)
|
(10 ILCS 5/24-16) (from Ch. 46, par. 24-16)
|
Sec. 24-16.
The precinct election officers shall then |
ascertain the
number of votes which the candidates received |
both on the machine or
machines, and by the voting of irregular |
ballots, if any. Except when
the machine is equipped with a |
device which will automatically record
the registering column |
on the back of the machine to sheets of paper
giving the |
accurate vote cast for each candidate. Two precinct election
|
officials, not members of the same political party, shall write |
the
totals in figures, in ink, for such candidate on the |
duplicate return
sheets provided for that purpose, while one |
election officer announces
in a distinct voice the total vote |
cast for each candidate thus
ascertained in the order of the |
offices as their titles are arranged on
the ballot label, and |
the remaining precinct election official or
officials, if any, |
shall be stationed at the counter compartment of the
voting |
|
machine being canvassed and shall watch each total as it is |
being
called out from the registering counters. Each precinct |
election
official who is recording the totals on the return |
sheets shall
distinctly repeat each total as it is announced |
from the counter of the
voting machine. The totals of each |
machine for each candidate shall be
recorded on the return |
sheets in such a manner that they may be
identified by the |
serial number of the voting machine. The vote both for
and |
against each question or other proposition shall also be |
announced
and recorded in the same manner as the vote for the |
candidates. When the
machine is equipped with a device which |
will automatically record the
registering column on the back of |
the machine to recording sheets of
paper giving the accurate |
vote cast for each candidate then the totals
cast for each |
candidate or each question or proposition shall be called
out |
the same as if they were being read from the Counter |
Compartment of
the voting machine, provided however the paper |
recording sheet shall
constitute the return sheet for the |
precinct or consolidated area and no
return sheets shall be |
required. When more than one voting machine is
used in the same |
election precinct, the canvass of the first machine
shall be |
completed before the second and so on. When the canvass of all
|
totals shall have been completed, the precinct election board |
shall
canvass all vote by mail absentee ballots in the same |
manner provided by law for
canvassing paper ballots. The totals |
of the vote by mail absentee votes for each
candidate and for |
|
each question or other proposition shall be recorded
on the |
return sheets under the totals from the voting machines and the
|
final total of the votes received by each candidate, and each
|
constitutional amendment, question or other proposition, shall |
be
ascertained and recorded in the space provided for that |
purpose on the
return sheets. Upon the completion of the |
canvass as hereinbefore
provided, one of the precinct election |
officials shall, in a loud and
distinct voice announce the |
total votes received by each candidate, and
the total votes |
cast both for and against each constitutional amendment,
|
question or other proposition, and such proclamation shall be |
made
slowly enough so as to enable anyone desiring to do so, to |
record each
such result as it is announced. Except where a |
voting machine is
equipped with an automatic recording sheet |
when the proclamation is
completed, the election official who |
announced the totals from the
counters of the machine or |
machines, shall take his place at one of the
return sheets and |
one of the election officials of the opposite party
who has |
completed the recording of the returns on the return sheets
|
shall take his place at the counter compartment of the voting |
machine
first canvassed, and he shall then proceed to announce |
each total on
each registering counter in the same manner as it |
was done for the first
canvass. Before the recheck of the |
voting machine is begun, the two
precinct election officials |
who are to recheck the totals on the return
sheets shall |
exchange return sheets and each election official shall
then, |
|
as the canvass proceeds, check each total as it is announced |
from
the registering counters of the voting machine or machines |
for the
second time. As each total is announced each precinct |
election official
who is checking the totals on the return |
sheets shall repeat in a loud
and distinct voice each total as |
it is announced. If any errors in the
original canvass are |
discovered they shall be corrected at once in the
presence of |
all the precinct election officials and a certificate shall
be |
prepared and signed by each such election official, setting |
forth
which errors were discovered and what corrections were |
made, and such
certificate shall be made in duplicate and one |
filed with each return
sheet. During the process of rechecking |
each total on the machines, the
precinct election official or |
officials, if any, who at the original
canvass acted as watcher |
or watchers at the registering counters of the
machines, shall |
in the same manner verify the accuracy of each total as
it is |
announced from the machine or machines and is repeated by the |
two
precinct election officials who are rechecking the totals |
as written on
the return sheets. When this recheck is completed |
the entire precinct
election board shall take one of the return |
sheets and fold it in
accordion pleats approximately ten inches |
wide with the face of the
return sheet out, in such a manner |
that each pleat can easily be turned
as the final recheck |
proceeds. The entire precinct election board shall
then begin |
at the voting machine first canvassed and each such election
|
official shall, simultaneously with the other such election |
|
officials,
and in the presence of each other, examine each |
registering counter on
the voting machine, and immediately |
examine the corresponding record for
that counter, as it is |
written on the return sheet, and shall satisfy
himself that |
both numbers are the same. Each total on each voting
machine |
shall be as examined and when such examination has been
|
completed, the entire precinct election board shall then |
compare each
total on such return sheet with the corresponding |
total on the duplicate
return sheet and each precinct election |
official shall satisfy himself
that all totals are the same on |
both return sheets. Each precinct
election official shall sign |
a certificate stating that each step in the
canvass of the |
voting machines, as provided herein, has been carefully
and |
faithfully carried out in every detail. If any errors are |
discovered
during the final recheck of the registering counters |
and comparison of
the duplicate return sheets, such errors |
shall be corrected at once, and
each precinct election official |
shall sign a certificate stating which
errors were found and |
what corrections were made and such corrections
shall be made |
in the presence of all the precinct election officials.
The |
precinct election board shall then canvass the irregular ballot |
in
substantially the same manner as the law provides for |
canvassing the
returns for paper ballots, and shall record the |
results thereof on the
return sheets in the space provided for |
that purpose. Before leaving the
room and before closing and |
locking the counting compartment, each
precinct election |
|
official shall make and sign the certificate and
written |
statements and the return sheets of such election as provided |
by
law. In precincts where the voting machines are equipped |
with the
automatic recording sheet and two or more machines the |
total vote cast
for each candidate, question or proposition |
from each machine shall be
recorded separately on the statement |
of votes as provided for in Section
18-14, and the grand total |
of all votes appearing on the recording
sheets shall be |
recorded on the statement of votes and proclaimed by the
judges |
in the same manner as is herein provided for proclamation of
|
votes from the return sheets. All vote by mail absentee ballots |
and irregular ballots
of each voting machine shall be returned |
to the proper officer together
with the return sheets and |
certificates and supplies and such vote by mail absentee
|
ballots and irregular machine ballots shall be preserved and |
finally
destroyed as is now provided by law when paper ballots |
are used. The
written statements or returns so made, after |
having been properly
signed, shall be distinctly and clearly |
read in the hearing of all
persons present in the polling |
place, and ample opportunity shall be
given to compare the |
results so certified with the counter dials of the
machine. |
After such comparison and correction, if any is made, the
|
precinct election officials shall then close the counting |
compartment
and lock the same. Thereafter the voting machine |
shall remain locked and
sealed against voting for a period of |
at least 30 days, after the
results of the election have been |
|
declared, unless otherwise ordered by
the circuit court: |
provided, however, upon application to the circuit
court, the |
circuit judge may order the said machines opened prior to the
|
thirty day period herein required to be closed. The circuit |
court in its
order shall specify the manner in which the count |
recorded on the
machines shall be taken and preserved: |
provided, however, when the
machines are equipped with any |
recording or photographic device on which
votes registered on |
the mechanical counters will be separately recorded
or |
photographed, as provided in Section 24-18 hereof, and it is
|
necessary to use said machines at an election occurring within |
said 30
days, then after the machines have remained locked for |
a period of 48
hours they may be prepared for such subsequent |
election as herein
provided. Whenever it is necessary to reset |
the machines for another
election prior to the time limit for |
the filing of election contests, it
shall be the duty of the |
proper officials to make a photographic record
of the machines |
involved to be used in case of an election contest,
whereupon |
the machines may be set back to zero and arranged for the next
|
election.
|
(Source: P.A. 80-704.)
|
(10 ILCS 5/24A-6) (from Ch. 46, par. 24A-6)
|
Sec. 24A-6. The ballot information, whether placed on the |
ballot or
on the marking device, shall, as far as practicable, |
be in the order of
arrangement provided for paper ballots, |
|
except that such information may
be in vertical or horizontal |
rows, or in a number of separate pages.
Ballots for all |
questions or propositions to be voted on must be
provided in |
the same manner and must be arranged on or in the marking
|
device or on the ballot sheet in the places provided for such |
purposes.
|
When an electronic voting system utilizes a ballot label |
booklet and
ballot card, ballots for candidates, ballots |
calling for a
constitutional convention, constitutional |
amendment ballots, judicial
retention ballots, public |
measures, and all propositions to be voted
upon may be placed |
on the electronic voting device by providing in the
ballot |
booklet separate ballot label pages or series of pages
|
distinguished by differing colors as provided below. When an |
electronic
voting system utilizes a ballot sheet, ballots |
calling for a constitutional
convention, constitutional |
amendment ballots and judicial retention ballots
shall be |
placed on the ballot sheet by providing a separate portion of |
the
ballot sheet for each such kind of ballot which shall be |
printed in ink
of a color distinct from the color of ink used |
in printing any other portion
of the ballot sheet. Ballots for |
candidates, public measures and all other
propositions to be |
voted upon shall be placed on the ballot sheet by providing
a |
separate portion of the ballot sheet for each such kind of |
ballot. Whenever a person has submitted a declaration of intent |
to be a write-in candidate as required in Sections 17-16.1 and |
|
18-9.1,
a line
on which the name of a candidate may be written |
by the voter shall be printed below the name of the last |
candidate nominated for such office, and immediately
to the |
left of such line an area shall be provided for marking a vote |
for
such write-in candidate. The number of write-in lines for |
an office shall equal the number of persons who have filed |
declarations of intent to be write-in candidates plus an |
additional line or lines for write-in candidates who qualify to |
file declarations to be write-in candidates under Sections |
17-16.1 and 18-9.1 when the certification of ballot contains |
the words "OBJECTION PENDING" next to the name of the |
candidate, up to the number of candidates for which a voter may |
vote. More than one amendment to the constitution may
be placed |
on the same ballot page or series of pages or on the same |
portion
of the ballot sheet, as the case may be. Ballot label |
pages for
constitutional conventions or constitutional |
amendments shall be on paper
of blue color and shall precede |
all other ballot label pages in the ballot
label booklet. More |
than one public measure or proposition may be placed
on the |
same ballot label page or series of pages or on the same |
portion of
the ballot sheet, as the case may be. More than one |
proposition for
retention of judges in office may be placed on |
the same ballot label page
or series of pages or on the same |
portion of the ballot sheet, as the case
may be. Ballot label |
pages for candidates shall be on paper of white
color, except |
that in primary elections the ballot label page or pages for
|
|
the candidates of each respective political party shall be of |
the color
designated by the election official in charge of the |
election for that
political party's candidates; provided that |
the ballot label pages or pages
for candidates for use at the |
nonpartisan and consolidated elections may be
on paper of |
different colors, except blue, whenever necessary or desirable
|
to facilitate distinguishing between the pages for different |
political
subdivisions. On each page
of
the candidate booklet, |
where the election is made to list ballot
information |
vertically, the party affiliation of each candidate or the word
|
"independent" shall appear immediately to the left of the |
candidate's
name, and the name of candidates for the same |
office shall be listed
vertically under the title of that |
office. If no candidate or candidates file for an office and if |
no person or persons file a declaration as a write-in candidate |
for that office, then below the title of that office the |
election authority instead shall print "No Candidate". 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 such nonpartisan candidates shall not
include |
any party or "independent" designation. Ballot label pages for
|
judicial retention ballots shall be on paper of green color, |
and ballot
label pages for all public measures and other |
propositions shall be on
paper of some other distinct and |
different color. In primary elections,
a separate ballot label |
|
booklet, marking device and voting booth shall
be used for each |
political party holding a primary, with the ballot
label |
booklet arranged to include ballot label pages of the |
candidates
of the party and public measures and other |
propositions to be voted upon
on the day of the primary |
election. One ballot card may be used for
recording the voter's |
vote or choice on all such ballots, proposals,
public measures |
or propositions, and such ballot card shall be arranged
so as |
to record the voter's vote or choice in a separate column or
|
columns for each such kind of ballot, proposal, public measure |
or
proposition.
|
If the ballot label booklet 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 |
pages by protruding tabs
identifying the division of the pages, |
and printing on such tabs
"Candidates" and "Propositions".
|
The ballot card and all of its columns and the ballot card |
envelope
shall be of the color prescribed for candidate's |
ballots at the general
or primary election, whichever is being |
held. At an election where no
candidates are being nominated or |
elected, the ballot card, its columns,
and the ballot card |
envelope shall be of a color designated by the election
|
official in charge of the election.
|
The ballot cards, ballot card envelopes and ballot sheets |
may, at the
discretion of the election authority, be printed on |
white paper and then
striped with the appropriate colors.
|
|
When ballot sheets are used, the various portions thereof |
shall be arranged
to conform to the foregoing format.
|
Vote by mail Absentee ballots may consist of ballot cards, |
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 ballot card is used for
voting by |
mail it must be accompanied by a punching tool or other
|
appropriate marking device, voter instructions and a specimen |
ballot
showing the proper positions to vote on the ballot card |
or ballot sheet for
each party, candidate, proposal, public |
measure or proposition, and in the
case of a ballot card must |
be mounted on a suitable material to receive the
punched out |
chip.
|
Any voter who spoils his ballot or makes an error may |
return the
ballot to the judges of election and secure another. |
However, the
protruding identifying tab for proposals for a |
constitutional convention
or constitutional amendments shall |
have printed thereon "Constitutional
Ballot", and the ballot |
label page or pages for such proposals shall
precede the ballot |
label pages for candidates in the ballot label
booklet.
|
(Source: P.A. 95-699, eff. 11-9-07; 95-862, eff. 8-19-08.)
|
(10 ILCS 5/24A-10) (from Ch. 46, par. 24A-10)
|
Sec. 24A-10. (1) In an election jurisdiction which has |
adopted an
electronic voting system, the election official in |
charge of the
election shall select one of the 3 following |
|
procedures for receiving,
counting, tallying, and return of the |
ballots:
|
(a) Two ballot boxes shall be provided for each polling |
place. The
first ballot box is for the depositing of votes cast |
on the electronic
voting system; and the second ballot box is |
for all votes cast on paper
ballots, including any
paper |
ballots
required to be voted other than on the electronic |
voting system.
Ballots
deposited in the second
ballot box shall |
be counted, tallied, and returned as is elsewhere
provided in |
"The Election Code," as amended, for the counting and
handling |
of paper ballots. Immediately after the closing of the polls, |
the judges of election shall make out a slip indicating the
|
number of persons who voted in the precinct at the election. |
Such slip
shall be signed by all the judges of election and |
shall be inserted by
them in the first ballot box. The judges |
of election shall thereupon
immediately lock each ballot box; |
provided, that if
such box is not of a type which may be |
securely locked, such box shall be
sealed with filament tape |
provided for such purpose
which shall be wrapped around the box |
lengthwise and crosswise, at least
twice each way, and in such |
manner that the seal completely covers the
slot in the ballot |
box, and each of the judges shall sign such seal. Thereupon
two |
of the judges of election, of different political parties, |
shall
forthwith and by the most direct route transport both |
ballot boxes to
the counting location designated by the county |
clerk or board of
election commissioners.
|
|
Before the ballots of a precinct are fed to the electronic |
tabulating
equipment, the first ballot box shall be opened at |
the central counting
station by the two precinct transport |
judges. Upon opening a ballot box,
such team shall first count |
the number of ballots in the box. If 2 or
more are folded |
together so as to appear to have been cast by the same
person, |
all of the ballots so folded together shall be marked and
|
returned with the other ballots in the same condition, as near |
as may
be, in which they were found when first opened, but |
shall not be
counted. If the remaining ballots are found to |
exceed the number of
persons voting in the precinct as shown by |
the slip signed by the judges
of election, the ballots shall be |
replaced in the box, and the box
closed and well shaken and |
again opened and one of the precinct
transport judges shall |
publicly draw out so many ballots unopened as are
equal to such |
excess.
|
Such excess ballots shall be marked "Excess-Not Counted" |
and signed
by the two precinct transport judges and shall be |
placed in the "After
7:00 p.m. Defective Ballots Envelope". The |
number of excess ballots
shall be noted in the remarks section |
of the Certificate of Results.
"Excess" ballots shall not be |
counted in the total of "defective"
ballots.
|
The precinct transport judges shall then examine the |
remaining
ballots for write-in votes and shall count and |
tabulate the write-in
vote; or
|
(b) A single ballot box, for the deposit of all votes cast, |
|
shall be
used. All ballots which are not to be tabulated on the |
electronic voting
system shall be counted, tallied, and |
returned as elsewhere provided in
"The Election Code," as |
amended, for the counting and handling of paper
ballots.
|
All ballots to be processed and tabulated with the |
electronic voting
system shall be processed as follows:
|
Immediately after the closing of the polls, the precinct |
judges of
election then shall open the ballot box and canvass |
the votes polled to
determine that the number of ballots |
therein agree with the number of
voters voting as shown by the |
applications for ballot or if the same do
not agree the judges |
of election shall make such ballots agree with the
applications |
for ballot in the manner provided by Section 17-18 of "The
|
Election Code." The judges of election shall then examine all |
ballot cards and ballot card envelopes which
are in
the ballot |
box to determine whether the
ballot cards and
ballot card |
envelopes bear the initials of a precinct judge of election.
If |
any ballot card or ballot card envelope is not
initialed, it |
shall be marked on the back "Defective," initialed as to
such |
label by all judges immediately under such word "Defective," |
and
not counted, but placed in the envelope provided for that |
purpose
labeled "Defective Ballots Envelope."
|
When an electronic voting system is used which utilizes a |
ballot
card, before separating the ballot cards from their |
respective
covering envelopes, the judges of election shall |
examine the ballot card
envelopes for write-in votes. When the |
|
voter has voted a write-in vote,
the judges of election shall |
compare the write-in vote with the votes on
the ballot card to |
determine whether such write-in results in an
overvote for any |
office. In case of an overvote for any office, the
judges of |
election, consisting in each case of at least one judge of
|
election of each of the two major political parties, shall make |
a true
duplicate ballot of all votes on such ballot card except |
for the office
which is overvoted, by using the ballot label |
booklet of the precinct
and one of the marking devices of the |
precinct so as to transfer all
votes of the voter except for |
the office overvoted, to an official
ballot card of that kind |
used in the precinct at that election. The
original ballot card |
and envelope upon which there is an overvote shall
be clearly |
labeled "Overvoted Ballot", and each shall bear the same
serial |
number which shall be placed thereon by the judges of election,
|
commencing with number 1 and continuing consecutively for the |
ballots of
that kind in that precinct. The judges of election |
shall initial the
"Duplicate Overvoted Ballot" ballot cards and |
shall place them in the
box for return of the ballots. The |
"Overvoted Ballot" ballots and their
envelopes shall be placed |
in the "Duplicate Ballots" envelope. Envelopes
bearing |
write-in votes marked in the place designated therefor and
|
bearing the initials of a precinct judge of election and not |
resulting
in an overvote and otherwise complying with the |
election laws as to
marking shall be counted, tallied, and |
their votes recorded on a tally
sheet provided by the election |
|
official in charge of the election. The
ballot cards and ballot |
card envelopes shall be separated and all except
any defective |
or overvoted shall be placed separately in the box for
return |
of the ballots. The judges of election shall examine the
|
ballots and ballot cards to determine if any is damaged or |
defective so
that it cannot be counted by the automatic |
tabulating equipment. If any
ballot or ballot card is damaged |
or defective so that it cannot properly
be counted by the |
automatic tabulating equipment, the judges of
election, |
consisting in each case of at least one judge of election of
|
each of the two major political parties, shall make a true |
duplicate
ballot of all votes on such ballot card by using the |
ballot label
booklet of the precinct and one of the marking |
devices of the precinct.
The original ballot or ballot card and |
envelope shall be clearly labeled
"Damaged Ballot" and the |
ballot or ballot card so produced "Duplicate
Damaged Ballot," |
and each shall bear the same number which shall be
placed |
thereon by the judges of election, commencing with number 1 and
|
continuing consecutively for the ballots of that kind in the |
precinct.
The judges of election shall initial the "Duplicate |
Damaged Ballot"
ballot or ballot cards, and shall place them in |
the box for return of
the ballots. The "Damaged Ballot" ballots |
or ballot cards and their
envelopes shall be placed in the |
"Duplicated Ballots" envelope. A slip
indicating the number of |
voters voting in person shall be made out, signed by all
judges |
of election, and inserted in the box for return of the ballots.
|
|
The tally sheets recording the write-in votes shall be placed |
in this
box. The judges of election thereupon immediately shall |
securely lock the
ballot box or other suitable
box furnished |
for return of the ballots by the election official in
charge of |
the election; provided that if such box is not of a type which
|
may be securely locked, such box shall be sealed with filament |
tape provided
for such purpose which shall be wrapped around |
the box lengthwise and crosswise,
at least twice each way. A |
separate adhesive seal label signed by each of
the judges of |
election of the precinct shall be affixed to the box so as
to |
cover any slot therein and to identify the box of the precinct; |
and
if such box is sealed with filament tape as provided herein |
rather than
locked, such tape shall be wrapped around the box |
as provided herein, but
in such manner that the separate |
adhesive seal label affixed to the box
and signed by the judges |
may not be removed without breaking the filament
tape and |
disturbing the signature of the judges. Thereupon, 2 of the
|
judges of election, of different major political parties, |
forthwith shall
by the most direct route transport the box for
|
return of the ballots and enclosed ballots and returns to the |
central
counting location designated by the election official |
in charge of the
election. If, however, because of the lack of |
adequate parking
facilities at the central counting location or |
for any other reason, it
is impossible or impracticable for the |
boxes from all the polling places
to be delivered directly to |
the central counting location, the election
official in charge |
|
of the election may designate some other location to
which the |
boxes shall be delivered by the 2 precinct judges. While at
|
such other location the boxes shall be in the care and custody |
of one or
more teams, each consisting of 4 persons, 2 from each |
of the two major
political parties, designated for such purpose |
by the election official
in charge of elections from |
recommendations by the appropriate political
party |
organizations. As soon as possible, the boxes shall be |
transported
from such other location to the central counting |
location by one or more
teams, each consisting of 4 persons, 2 |
from each of the 2 major
political parties, designated for such |
purpose by the election official
in charge of elections from |
recommendations by the appropriate political
party |
organizations.
|
The "Defective Ballots" envelope, and "Duplicated Ballots" |
envelope
each shall be securely sealed and the flap or end |
thereof of each signed
by the precinct judges of election and |
returned to the central counting
location with the box for |
return of the ballots, enclosed ballots and
returns.
|
At the central counting location, a team of tally judges |
designated
by the election official in charge of the election |
shall check the box
returned containing the ballots to |
determine that all seals are intact,
and thereupon shall open |
the box, check the voters' slip and compare the
number of |
ballots so delivered against the total number of voters of the
|
precinct who voted, remove the ballots or ballot cards and |
|
deliver them
to the technicians operating the automatic |
tabulating equipment. Any
discrepancies between the number of |
ballots and total number of voters
shall be noted on a sheet |
furnished for that purpose and signed by the
tally judges; or
|
(c) A single ballot box, for the deposit of all votes cast, |
shall be used.
Immediately after the closing of the polls, the |
precinct judges of election shall
securely
lock the ballot box; |
provided that if such box is not of a
type which may be |
securely locked, such box shall be sealed with filament
tape |
provided for such purpose which shall be wrapped around the box |
lengthwise
and crosswise, at least twice each way.
A separate |
adhesive seal label signed by each of the judges of election
of |
the precinct shall be affixed to the box so as to cover any |
slot therein
and to identify the box of the precinct; and if |
such box is sealed with
filament tape as provided herein rather |
than locked, such tape shall be
wrapped around the box as |
provided herein, but in such manner that the separate
adhesive |
seal label affixed to the box and signed by the judges may not
|
be removed without breaking the filament tape and disturbing |
the signature
of the judges. Thereupon, 2 of the judges
of |
election, of different
major political parties, shall |
forthwith by the most direct route transport
the box for return |
of the ballots and enclosed vote by mail absentee and early |
ballots
and returns
to the central counting location designated |
by the election official
in charge of the election. If however, |
because of the lack of adequate
parking facilities at the |
|
central counting location or for some other reason,
it is |
impossible or impracticable for the boxes from all the polling |
places
to be delivered directly to the central counting |
location, the election
official in charge of the election may |
designate some other location to
which the boxes shall be |
delivered by the 2 precinct judges. While at
such other |
location the boxes shall be in the care and custody of one or
|
more teams, each consisting of 4 persons, 2 from each of the |
two major
political
parties, designated for such purpose by the |
election official in charge
of elections from recommendations |
by the appropriate political party
organizations.
As soon as |
possible, the boxes shall be transported from such other |
location
to the central counting location by one or more teams, |
each consisting of
4 persons, 2 from each of the 2 major |
political parties, designated for
such purpose by the election |
official in charge of the election from
recommendations
by the |
appropriate political party organizations.
|
At the central counting location there shall be one or more |
teams of tally
judges who possess the same qualifications as |
tally judges in election
jurisdictions
using paper ballots. The |
number of such teams shall be determined by the
election |
authority. Each team shall consist of 5 tally judges, 3 |
selected
and approved by the county board from a certified list |
furnished by the
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, if the same do not agree, the tally judges |
shall make such
ballots agree with the number of applications |
for ballot in the manner provided
by Section 17-18 of the |
Election Code. The tally judges shall then examine
all ballot |
sheets which are in the ballot box to determine whether they
|
bear the initials of the precinct judge of election. If any |
ballot is not
initialed, it shall be marked on the back |
"Defective", initialed as to such
label by all tally judges |
immediately under such word "Defective", and not
counted, but |
placed in the envelope provided for that purpose labeled
|
"Defective
Ballots Envelope". An overvote for one office shall |
invalidate
only the vote or count of that particular office.
|
At the central counting location, a team of tally judges |
designated
by the election official in charge of the election |
shall deliver the ballot
sheets to the technicians operating |
the automatic tabulating equipment.
Any discrepancies between |
the number of ballots and total number of voters
shall be noted |
on a sheet furnished for that purpose and signed by the tally
|
judges.
|
(2) Regardless of which procedure described in subsection |
|
(1) of this
Section is used,
the judges of election designated |
to transport the ballots, properly signed
and sealed as |
provided herein, shall ensure that the ballots are delivered
to |
the central counting station no later than 12 hours after the |
polls close.
At the central counting station a team of tally |
judges designated by the
election official in charge of the |
election shall examine the ballots so
transported and shall not |
accept ballots for tabulating which are not signed
and sealed |
as provided in subsection (1) of this Section until the
judges |
transporting the
same make and sign the necessary corrections. |
Upon acceptance of the ballots
by a team of tally judges at the |
central counting station, the election
judges transporting the |
same shall take a receipt signed by the election
official in |
charge of the election and stamped with the date and time of
|
acceptance. The election judges whose duty it is to transport |
any ballots
shall, in the event
such ballots cannot be found |
when needed, on proper request, produce the
receipt which they |
are to take as above provided.
|
(Source: P.A. 94-645, eff. 8-22-05; 94-1000, eff. 7-3-06.)
|
(10 ILCS 5/24A-15.1) (from Ch. 46, par. 24A-15.1)
|
Sec. 24A-15.1. Except as herein provided, discovery |
recounts and election
contests shall be conducted as otherwise |
provided for in "The Election Code",
as amended. The automatic |
tabulating equipment shall be tested prior to the
discovery |
recount or election contest as provided in Section 24A-9, and
|
|
then the official ballots or ballot cards shall be recounted on |
the
automatic tabulating equipment. In addition, (1) the ballot |
or ballot cards
shall be checked for the presence or absence of |
judges' initials and other
distinguishing marks, and (2) the |
ballots marked "Rejected", "Defective",
Objected to",
" Vote by |
Mail Absentee Ballot", and "Early Ballot" shall be
examined
to |
determine the
propriety of the labels, and (3) the "Duplicate |
Vote by Mail Absentee Ballots",
"Duplicate Early Ballots",
|
"Duplicate Overvoted Ballots" and "Duplicate
Damaged Ballots" |
shall be
compared with their respective originals to determine |
the correctness of
the duplicates.
|
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 such 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.
|
(Source: P.A. 98-756, eff. 7-16-14.)
|
(10 ILCS 5/24B-6) |
Sec. 24B-6. Ballot Information; Arrangement; Electronic |
Precinct
Tabulation Optical Scan Technology Voting System; |
Vote by Mail 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. Whenever a person has submitted a declaration of |
intent to be a write-in candidate as required in Sections |
17-16.1 and 18-9.1,
a line or lines on which the voter
may |
select a
write-in candidate shall be printed below the name of |
the last candidate nominated for such office. Such line or |
lines shall be proximate to an area 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 persons |
who have filed declarations of intent to be write-in candidates |
|
plus an additional line or lines for write-in candidates who |
qualify to file declarations to be write-in candidates under |
Sections 17-16.1 and 18-9.1 when the certification of ballot |
contains the words "OBJECTION PENDING" next to the name of that |
candidate, up to the number of
candidates
for which a voter may |
vote. In the case of write-in lines for the offices of Governor |
and Lieutenant Governor, 2 lines shall be printed within a |
bracket and a single square shall be printed in front of the |
bracket. 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. If no |
candidate or candidates file for an office and if no person or |
|
persons file a declaration as a write-in candidate for that |
office, then below the title of that office the election |
authority instead shall print "No Candidate". 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.
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. |
Vote by Mail 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. 95-699, eff. 11-9-07; 95-862, eff. 8-19-08; |
96-1018, eff. 1-1-11.)
|
(10 ILCS 5/24B-10)
|
Sec. 24B-10. Receiving, Counting, Tallying and Return of
|
Ballots; Acceptance of Ballots by Election Authority.
|
(a) In an election jurisdiction which has adopted an |
electronic Precinct
Tabulation Optical Scan Technology voting |
system, the election
official in charge of the election shall |
select one of the 3
following procedures for receiving, |
counting, tallying, and
return of the ballots:
|
(1) Two ballot boxes shall be provided for each polling
|
place. The first ballot box is for the depositing of votes |
cast
on the electronic voting system; and the second ballot |
box is for
all votes cast on other ballots, including any |
paper ballots required to be voted other than on
the |
Precinct Tabulation Optical Scan Technology electronic |
voting
system. Ballots deposited in the second
ballot box |
shall be counted, tallied, and returned as is
elsewhere |
provided in this Code for the
counting and handling of |
paper ballots. Immediately after the
closing of the polls, |
|
the
judges of election shall make out a slip
indicating the |
number of persons who voted in the precinct at the
|
election. The slip shall be signed by all the judges of
|
election and shall be inserted by them in the first ballot |
box.
The judges of election shall thereupon immediately |
lock each
ballot box; provided, that if the box is not of a |
type which may
be securely locked, the box shall be sealed |
with filament tape
provided for the purpose that shall be |
wrapped around the box
lengthwise and crosswise, at least |
twice each way, and in a
manner that the seal completely |
covers the slot in the ballot
box, and each of the judges |
shall sign the seal. Two
of the judges of election, of |
different political parties, shall
by the most direct route |
transport both ballot
boxes to the counting location |
designated by the county clerk or
board of election |
commissioners.
|
Before the ballots of a precinct are fed to the |
electronic
Precinct Tabulation Optical Scan Technology |
tabulating equipment,
the first ballot box shall be opened |
at the central counting
station by the 2 precinct transport |
judges. Upon opening a
ballot box, the team shall first |
count the number of ballots in
the box. If 2 or more are |
folded together to appear to
have been cast by the same |
person, all of the ballots folded
together shall be marked |
and returned with the other ballots in
the same condition, |
as near as may be, in which they were found
when first |
|
opened, but shall not be counted. If the remaining
ballots |
are found to exceed the number of persons voting in the
|
precinct as shown by the slip signed by the judges of |
election,
the ballots shall be replaced in the box, and the |
box closed and
well shaken and again opened and one of the |
precinct transport
judges shall publicly draw out so many |
ballots unopened as are
equal to the excess.
|
The excess ballots shall be marked "Excess-Not |
Counted" and
signed by the 2 precinct transport judges and |
shall be placed
in the "After 7:00 p.m. Defective Ballots |
Envelope". The number
of excess ballots shall be noted in |
the remarks section of the
Certificate of Results. "Excess" |
ballots shall not be counted in
the total of "defective" |
ballots.
|
The precinct transport judges shall then examine the
|
remaining ballots for write-in votes and shall count and |
tabulate
the write-in vote.
|
(2) A single ballot box, for the deposit of all votes |
cast,
shall be used. All ballots which are not to be |
tabulated on the
electronic voting system shall be counted, |
tallied, and returned
as elsewhere provided in this Code |
for the
counting and handling of paper ballots.
|
All ballots to be processed and tabulated with the |
electronic
Precinct Tabulation Optical Scan Technology |
voting system shall
be processed as follows:
|
Immediately after the closing of the polls, the |
|
precinct judges of
election shall open the ballot box and |
canvass the votes
polled to determine that the number of |
ballots agree with
the number of voters voting as shown by |
the applications for
ballot, or if the same do not agree |
the judges of election shall
make such ballots agree with |
the applications for ballot in the
manner provided by |
Section 17-18 of this Code.
|
In case of an overvote for any office, the judges of
|
election, consisting in each case of at least one judge of
|
election of each of the 2 major political parties, shall |
make a
true duplicate ballot of all votes on the ballot |
except for
the office which is overvoted, by using the |
ballot of the
precinct and one of the marking devices, or |
equivalent ballot, of the
precinct to
transfer all votes of |
the voter except for the office overvoted,
to an official |
ballot of that kind used in the precinct at
that election. |
The original ballot upon which there is an
overvote shall |
be clearly labeled "Overvoted Ballot", and each
shall bear |
the same serial number which shall be placed thereon
by the |
judges of election, beginning with number 1 and
continuing |
consecutively for the ballots of that kind in that
|
precinct. The judges of election shall initial the |
"Duplicate
Overvoted Ballot" ballots and shall place them |
in the box for
return of the ballots. The "Overvoted |
Ballot" ballots shall be
placed in the "Duplicate Ballots" |
envelope. The ballots except
any defective or overvoted |
|
ballot shall be placed separately in
the box for return of |
the ballots. The judges
of election shall examine the |
ballots to determine if any is
damaged or defective so that |
it cannot be counted by the
automatic tabulating equipment. |
If any ballot is
damaged or defective so that it cannot |
properly be counted by the
automatic tabulating equipment, |
the judges of election,
consisting in each case of at least |
one judge of election of each
of the 2 major political |
parties, shall make a true duplicate
ballot of all votes on |
such ballot by using the ballot of
the precinct and one of |
the marking devices, or equivalent ballot, of the
precinct. |
The
original ballot and ballot envelope shall be clearly
|
labeled "Damaged Ballot" and the ballot so
produced |
"Duplicate Damaged Ballot", and each shall bear the same
|
number which shall be placed thereon by the judges of |
election,
commencing with number 1 and continuing |
consecutively for the
ballots of that kind in the precinct. |
The judges of election
shall initial the "Duplicate Damaged |
Ballot" ballot and shall place them in
the box for return |
of the ballots.
The "Damaged Ballot" ballots
shall be |
placed in the "Duplicated Ballots" envelope. A slip
|
indicating the number of voters voting in person and the |
total number
of voters of the precinct who voted at the |
election shall be made
out, signed by all judges of |
election, and inserted in the box
for return of the |
ballots. The tally sheets recording the write-in votes |
|
shall
be placed in this box. The judges of election |
immediately shall
securely lock the ballot box or other |
suitable box furnished for return of the
ballots by the |
election official in charge of the election; provided that |
if
the box is not of a type which may be securely locked, |
the box shall be
sealed with filament tape provided for the |
purpose which shall
be wrapped around the box lengthwise |
and crosswise, at least
twice each way. A separate adhesive |
seal label signed by each of
the judges of election of the |
precinct shall be affixed to the
box to cover any slot |
therein and to identify the box of
the precinct; and if the |
box is sealed with filament tape as
provided rather than |
locked, such tape shall be wrapped
around the box as |
provided, but in such manner that the
separate adhesive |
seal label affixed to the box and signed by the
judges may |
not be removed without breaking the filament tape and
|
disturbing the signature of the judges. Two of the
judges |
of election, of different major political parties,
shall by |
the most direct route transport the box for
return of the |
ballots and enclosed ballots and returns to the
central |
counting location designated by the election official in
|
charge of the election. If, however, because of the lack of
|
adequate parking facilities at the central counting |
location or
for any other reason, it is impossible or |
impracticable for the
boxes from all the polling places to |
be delivered directly to the
central counting location, the |
|
election official in charge of the
election may designate |
some other location to which the boxes
shall be delivered |
by the 2 precinct judges. While at the other
location the |
boxes shall be in the care and custody of one or
more |
teams, each consisting of 4 persons, 2 from each of the 2
|
major political parties, designated for such purpose by the
|
election official in charge of elections from |
recommendations by
the appropriate political party |
organizations. As soon as
possible, the boxes shall be |
transported from the other location
to the central counting |
location by one or more teams, each
consisting of 4 |
persons, 2 from each of the 2 major political
parties, |
designated for the purpose by the election official in
|
charge of elections from recommendations by the |
appropriate
political party organizations.
|
The "Defective Ballots" envelope, and "Duplicated |
Ballots"
envelope each shall be securely sealed and the |
flap or end
of each envelope signed by the precinct judges |
of election and
returned to the central counting location |
with the box for return
of the ballots, enclosed ballots |
and returns.
|
At the central counting location, a team of tally |
judges
designated by the election official in charge of the |
election
shall check the box returned containing the |
ballots to determine
that all seals are intact, and shall |
open the box,
check the voters' slip and compare the number |
|
of ballots so
delivered against the total number of voters |
of the precinct who
voted, remove the ballots and deliver |
them to the
technicians operating the automatic tabulating |
equipment. Any
discrepancies between the number of ballots |
and total number of
voters shall be noted on a sheet |
furnished for that purpose and
signed by the tally judges.
|
(3) A single ballot box, for the deposit of all votes |
cast,
shall be used. Immediately after the closing of the |
polls, the
precinct judges of election shall securely lock |
the ballot box;
provided that if such box is not of a type |
which may be securely
locked, the box shall be sealed with |
filament tape provided for
the purpose which shall be |
wrapped around the box lengthwise and
crosswise, at least |
twice each way. A separate adhesive seal
label signed by |
each of the judges of election of the precinct
shall be |
affixed to the box to cover any slot therein and
to |
identify the box of the precinct; and if the box is sealed
|
with filament tape as provided rather than locked, such
|
tape shall be wrapped around the box as provided, but in
a |
manner that the separate adhesive seal label affixed to the
|
box and signed by the judges may not be removed without |
breaking
the filament tape and disturbing the signature of |
the judges.
Two of the judges of election, of different |
major
political parties, shall by the most direct route
|
transport the box for return of the ballots and enclosed |
vote by mail absentee and early
ballots and returns to the |
|
central counting location designated
by the election |
official in charge of the election. If however,
because of |
the lack of adequate parking facilities at the central
|
counting location or for some other reason, it is |
impossible or
impracticable for the boxes from all the |
polling places to be
delivered directly to the central |
counting location, the election
official in charge of the |
election may designate some other
location to which the |
boxes shall be delivered by the 2 precinct
judges. While at |
the other location the boxes shall be in the
care and |
custody of one or more teams, each consisting of 4
persons, |
2 from each of the 2 major political parties,
designated |
for the purpose by the election official in charge of
|
elections from recommendations by the appropriate |
political party
organizations. As soon as possible, the |
boxes shall be
transported from the other location to the |
central counting
location by one or more teams, each |
consisting of 4 persons, 2
from each of the 2 major |
political parties, designated for the
purpose by the |
election official in charge of the election from
|
recommendations by the appropriate political party |
organizations.
|
At the central counting location there shall be one or |
more
teams of tally judges who possess the same |
qualifications as
tally judges in election jurisdictions |
using paper ballots. The
number of the teams shall be |
|
determined by the election
authority. Each team shall |
consist of 5 tally judges, 3 selected
and approved by the |
county board from a certified list furnished
by the |
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, if the same do not agree, |
the tally judges shall
make such ballots agree with the |
number of applications for
ballot in the manner provided by |
Section 17-18 of this
Code. The tally judges shall then |
examine all ballot sheets
that are in the ballot box to |
determine whether they bear the
initials of the precinct |
judge of election. If any ballot is not
initialed, it shall |
be marked on the back "Defective", initialed
as to that |
label by all tally judges immediately under the word
|
"Defective", and not counted, but placed in the envelope |
provided
for that purpose labeled "Defective Ballots |
Envelope". An
overvote for one office shall invalidate only |
the vote or count
for that particular office.
|
At the central counting location, a team of tally |
|
judges
designated by the election official in charge of the |
election
shall deliver the ballot sheets to the technicians |
operating the
automatic Precinct Tabulation Optical Scan |
Technology tabulating
equipment. Any discrepancies between |
the number of ballots and
total number of voters shall be |
noted on a sheet furnished for
that purpose and signed by |
the tally judges.
|
(b) Regardless of which procedure described in subsection
|
(a) of this Section is used, the judges of election designated |
to
transport the ballots properly signed and sealed,
shall |
ensure that the ballots are delivered to the
central counting |
station no later than 12 hours after the polls
close. At the |
central counting station, a team of tally judges
designated by |
the election official in charge of the election
shall examine |
the ballots so transported and shall not accept
ballots for |
tabulating which are not signed and sealed as
provided in |
subsection (a) of this Section until the judges
transporting |
the ballots make and sign the necessary corrections.
Upon |
acceptance of the ballots by a team of tally judges at the
|
central counting station, the election judges transporting the
|
ballots shall take a receipt signed by the election official in
|
charge of the election and stamped with the date and time of
|
acceptance. The election judges whose duty it is to transport
|
any ballots shall, in the event the ballots cannot be found |
when
needed, on proper request, produce the receipt which they |
are to
take as above provided.
|
|
(Source: P.A. 93-574, eff. 8-21-03; 94-645, eff. 8-22-05; |
94-1000, eff. 7-3-06.)
|
(10 ILCS 5/24B-15.1)
|
Sec. 24B-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 |
automatic Precinct Tabulation
Optical Scan Technology |
tabulating equipment shall be tested
prior to the discovery |
recount or election contest as provided in
Section 24B-9, and |
then the official ballots shall be recounted
on the automatic |
tabulating equipment. In addition, (a) the
ballots shall be |
checked for the presence or absence of judges'
initials and |
other distinguishing marks, and (b) the ballots
marked |
"Rejected", "Defective", "Objected To", "Early Ballot", and |
" Vote by Mail Absentee
Ballot" shall be examined to determine |
the propriety of the
labels, and (c) the "Duplicate Vote by |
Mail Absentee Ballots", "Duplicate
Overvoted Ballots", |
"Duplicate Early Ballot", and "Duplicate Damaged Ballots" |
shall be
compared with their respective originals to determine |
the
correctness of the duplicates.
|
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.
|
(Source: P.A. 94-645, eff. 8-22-05.)
|
(10 ILCS 5/24C-1)
|
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 early |
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 early absentee voting. |
All other early absentee ballots
must be counted at the office |
of the election authority.
|
(Source: P.A. 93-574, eff. 8-21-03.)
|
|
(10 ILCS 5/24C-6)
|
Sec. 24C-6. Ballot Information; Arrangement; Direct
|
Recording Electronic Voting System; Vote by Mail 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. If no candidate |
or candidates file for an office and if no person or persons |
file a declaration as a write-in candidate for that office, |
then below the title of that office the election authority |
shall print "No Candidate". 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 vote by mail or |
early absentee voting
in the office of the election authority |
or voted by mail .
|
(Source: P.A. 95-862, eff. 8-19-08.)
|
(10 ILCS 5/24C-11)
|
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 or fewer 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.
|
(Source: P.A. 95-699, eff. 11-9-07.)
|
(10 ILCS 5/24C-13)
|
Sec. 24C-13. Vote by Mail Absentee ballots; Early voting |
ballots; Proceedings at Location for
Central Counting; |
Employees; Approval of List.
|
(a) All jurisdictions using Direct Recording Electronic
|
Voting Systems shall use paper ballots or paper ballot sheets
|
approved for use under Articles 16, 24A or 24B of this Code |
when
conducting vote by mail 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 vote by mail
absentee ballots shall be counted at the |
central ballot counting location of the election
authority. The |
provisions of Section 24A-9, 24B-9 and 24C-9 of
this Code shall |
apply to the testing and notice requirements for
central count |
tabulation equipment, including comparing the
signature on the |
|
ballot envelope with the signature of the voter
on the |
permanent voter registration record card taken from the
master |
file. Vote results shall be recorded by precinct and shall
be |
added to the vote results for the precinct in which the vote by |
mail
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.
|
(Source: P.A. 93-574, eff. 8-21-03; 94-645, eff. 8-22-05; |
94-1000, eff. 7-3-06.)
|
(10 ILCS 5/24C-15)
|
|
Sec. 24C-15. Official Return of Precinct; Check of Totals;
|
Audit. The precinct return printed by the Direct Recording
|
Electronic Voting System tabulating equipment shall include |
the
number of ballots cast and votes cast for each candidate |
and
public question and shall constitute the official return of |
each
precinct. In addition to the precinct return, the election
|
authority shall provide the number of applications for ballots
|
in each precinct, the total number of ballots and vote by mail |
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 after the ballots have been
tabulated, |
shall be the document used for the canvass of votes
for such |
precinct. Whenever a discrepancy exists during the
canvass of |
votes between the unofficial results and the
certificate of |
results, or whenever a discrepancy exists during
the canvass of |
votes between the certificate of results and the
set of totals |
|
reflected on the certificate of results, the
ballots for that |
precinct shall be audited to correct the
return.
|
Prior to the proclamation, the election authority shall
|
test the voting devices and equipment in 5% of the precincts
|
within the election jurisdiction, as well as 5% of the voting |
devices used in early voting. The precincts and the voting |
devices to be tested
shall be selected after election day on a |
random basis by the
State Board of Elections, so that every |
precinct and every device used in early voting in the election
|
jurisdiction has an equal mathematical chance of being |
selected.
The State Board of Elections shall design a standard |
and
scientific random method of selecting the precincts and |
voting devices that are to
be tested. The State central |
committee
chairman of each established political party shall be |
given prior written notice of the time
and place of the random |
selection procedure and may be
represented at the procedure.
|
The test shall be conducted by counting the votes marked on
|
the permanent paper record of each ballot cast in the tested
|
precinct printed by the voting system at the time that each
|
ballot was cast and comparing the results of this count with |
the
results shown by the certificate of results prepared by the
|
Direct Recording Electronic Voting System in the test precinct.
|
The election authority shall test count these votes either by
|
hand or by using an automatic tabulating device other than a
|
Direct Recording Electronic voting device that has been |
approved
by the State Board of Elections for that purpose and |
|
tested
before use to ensure accuracy. The election authority |
shall
print the results of each test count. If any error is |
detected,
the cause shall be determined and corrected, and an |
errorless
count shall be made prior to the official canvass and
|
proclamation of election results. If an errorless count cannot
|
be conducted and there continues to be difference in vote
|
results between the certificate of results produced by the
|
Direct Recording Electronic Voting System and the count of the
|
permanent paper records or if an error was detected and
|
corrected, the election authority shall immediately prepare |
and
forward to the appropriate canvassing board a written |
report
explaining the results of the test and any errors |
encountered
and the report shall be made available for public |
inspection.
|
The State Board of Elections, the State's Attorney and
|
other appropriate law enforcement agencies, the county |
chairman
of each established political party and qualified |
civic
organizations shall be given prior written notice of the |
time
and place of the test and may be represented at the test.
|
The results of this post-election test shall be treated in
|
the same manner and have the same effect as the results of the
|
discovery procedures set forth in Section 22-9.1 of this Code.
|
(Source: P.A. 97-81, eff. 7-5-11.)
|
(10 ILCS 5/25-7) (from Ch. 46, par. 25-7)
|
Sec. 25-7.
(a) When any vacancy shall occur in the office |
|
of representative in congress
from this state more than 180 |
days before the next general election, the
Governor shall issue |
a writ of election within 5 days after the occurrence
of that |
vacancy to the county clerks of the several counties in the
|
district where the vacancy exists, appointing a day within 115 |
days of issuance of the writ to hold
a special election to fill |
such vacancy.
|
(b) Notwithstanding subsection (a) of this Section or any |
other law to the contrary, a special election to fill a vacancy |
in the office of representative in congress occurring less than |
60 days following the 2012 general election shall be held as |
provided in this subsection (b). A special primary election |
shall be held on February 26, 2013, and a special election |
shall be held on April 9, 2013. |
Except as provided in this subsection (b), the provisions |
of Article 7 of this Code are applicable to petitions for the |
special primary election and special election. Petitions for |
nomination in accordance with Article 7 shall be filed in the |
principal office of the State Board of Elections not more than |
54 and not less than 50 days prior to the date of the special |
primary election, excluding Saturday and Sunday. Petitions for |
the nomination of independent candidates and candidates of new |
political parties shall be filed in the principal office of the |
State Board of Elections not more than 68 and not less than 64 |
days prior to the date of the special election, excluding |
Saturday and Sunday. |
|
Except as provided in this subsection, the State Board of |
Elections shall have authority to establish, in conjunction |
with the impacted election authorities, an election calendar |
for the special election and special primary. |
If an election authority is unable to have a sufficient |
number of ballots printed so that ballots will be available for |
mailing at least 46 days prior to the special primary election |
or special election to persons who have filed an application |
for a ballot under the provisions of Article 20 of this Code, |
the election authority shall, no later than 45 days prior to |
each election, mail to each of those persons a Special Write-in |
Vote by Mail Absentee Voter's Blank Ballot in accordance with |
Section 16-5.01 of this Code. The election authority shall |
advise those persons that the names of candidates to be |
nominated or elected shall be available on the election |
authority's website and shall provide a phone number the person |
may call to request the names of the candidates for nomination |
or election. |
(Source: P.A. 97-1134, eff. 12-3-12.)
|
(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. 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 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
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. (Blank). "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. 97-81, eff. 7-5-11.)
|
(10 ILCS 5/29-5) (from Ch. 46, par. 29-5)
|
Sec. 29-5. Voting more than once. Any person who, having |
voted once, knowingly on the same election day
where the ballot |
or machine lists any of the same candidates and issues
listed |
on the ballot or machine previously used for voting by that |
person,
(a) files an application to vote in the same or another |
polling place, or
(b) accepts a ballot or enters a voting |
machine (except to legally give
assistance pursuant to the |
|
provisions of this Code), shall be guilty of a
Class 3 felony; |
however, if a person has delivered a ballot or ballots to
an |
election authority as a vote by mail an absentee voter and due |
to a change of
circumstances is able to and does vote in the |
precinct of his residence on
election day, shall not be deemed |
to be in violation of this Code.
|
(Source: P.A. 83-755.)
|
(10 ILCS 5/29-20) (from Ch. 46, par. 29-20)
|
Sec. 29-20. Vote by Mail Absentee ballots - violations. A |
person is guilty
of a Class 3 felony who knowingly:
|
(1) Solicits another person, knowing that the person is |
not legally
qualified to vote as a vote by mail an absent |
voter, to apply for a vote by mail an absentee ballot;
|
(2) Solicits another person, knowing that the person is |
not legally
qualified to vote as a vote by mail an absent |
voter, to cast a ballot as a vote by mail an absent voter;
|
(3) Intimidates or unduly
influences another person to |
cast a vote by mail an absentee ballot in a manner |
inconsistent
with the
voter's intent; or
|
(4) Marks or tampers with a vote by mail an absentee |
ballot of another
person or takes a vote by mail an |
absentee ballot of another person in violation of
Section |
19-6 so that an opportunity for fraudulent marking or |
tampering is
created.
|
(Source: P.A. 89-653, eff. 8-14-96.)
|
|
(10 ILCS 5/19-2.1 rep.)
|
(10 ILCS 5/19-2.2 rep.)
|
(10 ILCS 5/28-10 rep.) |
Section 10. The Election Code is amended by repealing |
Sections 19-2.1, 19-2.2, and 28-10.
|
Section 15. The Illinois Identification Card Act is amended |
by changing Section 11 as follows:
|
(15 ILCS 335/11) (from Ch. 124, par. 31)
|
Sec. 11. The Secretary may make a search of his records and |
furnish
information as to whether a person has a current |
Standard Illinois
Identification Card or an Illinois Person |
with a Disability Identification Card then on
file, upon |
receipt of a written application therefor accompanied with the
|
prescribed fee. However, the Secretary may not disclose medical
|
information concerning an individual to any person, public |
agency, private
agency, corporation or governmental body |
unless the individual has
submitted a written request for the |
information or unless the individual
has given prior written |
consent for the release of the information to a
specific person |
or entity. This exception shall not apply to: (1) offices
and |
employees of the Secretary who have a need to know the medical
|
information in performance of their official duties, or (2) |
orders of a
court of competent jurisdiction. When medical |
|
information is disclosed by
the Secretary in accordance with |
the provisions of this Section, no
liability shall rest with |
the Office of the Secretary of State as the
information is |
released for informational purposes only. |
The Secretary may release personally identifying |
information or highly restricted personal information only to: |
(1) officers and employees of the Secretary who have a |
need to know that information; |
(2) other governmental agencies for use in their |
official governmental functions; |
(3) law enforcement agencies that need the information |
for a criminal or civil investigation; |
(3-5) the State Board of Elections for the sole purpose |
of providing the signatures required by a local election |
authority to register a voter through an online voter |
registration system or as may be required by an agreement |
the State Board of Elections has entered into with a |
multi-state voter registration list maintenance system ; or |
(4) any entity that the Secretary has authorized, by |
rule, to receive this information. |
The Secretary may not disclose an individual's social |
security number or any associated information obtained from the |
Social Security Administration without the written request or |
consent of the individual except: (i) to officers and employees |
of the Secretary who have a need to know the social security |
number in the performance of their official duties; (ii) to law |
|
enforcement officials for a lawful civil or criminal law |
enforcement investigation if the head of the law enforcement |
agency has made a written request to the Secretary specifying |
the law enforcement investigation for which the social security |
number is being sought; (iii) under a lawful court order signed |
by a judge; or (iv) to the Illinois Department of Veterans' |
Affairs for the purpose of confirming veteran status.
|
(Source: P.A. 97-739, eff. 1-1-13; 97-1064, eff. 1-1-13; |
98-115, eff. 7-29-13; 98-463, eff. 8-16-13.)
|
Section 20. The Illinois Act on the Aging is amended by |
changing Section 4.02 as follows:
|
(20 ILCS 105/4.02) (from Ch. 23, par. 6104.02)
|
Sec. 4.02. Community Care Program. The Department shall |
establish a program of services to
prevent unnecessary |
institutionalization of persons age 60 and older in
need of |
long term care or who are established as persons who suffer |
from
Alzheimer's disease or a related disorder under the |
Alzheimer's Disease
Assistance Act, thereby enabling them
to |
remain in their own homes or in other living arrangements. Such
|
preventive services, which may be coordinated with other |
programs for the
aged and monitored by area agencies on aging |
in cooperation with the
Department, may include, but are not |
limited to, any or all of the following:
|
(a) (blank);
|
|
(b) (blank);
|
(c) home care aide services;
|
(d) personal assistant services;
|
(e) adult day services;
|
(f) home-delivered meals;
|
(g) education in self-care;
|
(h) personal care services;
|
(i) adult day health services;
|
(j) habilitation services;
|
(k) respite care;
|
(k-5) community reintegration services;
|
(k-6) flexible senior services; |
(k-7) medication management; |
(k-8) emergency home response;
|
(l) other nonmedical social services that may enable |
the person
to become self-supporting; or
|
(m) clearinghouse for information provided by senior |
citizen home owners
who want to rent rooms to or share |
living space with other senior citizens.
|
The Department shall establish eligibility standards for |
such
services. In determining the amount and nature of services
|
for which a person may qualify, consideration shall not be |
given to the
value of cash, property or other assets held in |
the name of the person's
spouse pursuant to a written agreement |
dividing marital property into equal
but separate shares or |
pursuant to a transfer of the person's interest in a
home to |
|
his spouse, provided that the spouse's share of the marital
|
property is not made available to the person seeking such |
services.
|
Beginning January 1, 2008, the Department shall require as |
a condition of eligibility that all new financially eligible |
applicants apply for and enroll in medical assistance under |
Article V of the Illinois Public Aid Code in accordance with |
rules promulgated by the Department.
|
The Department shall, in conjunction with the Department of |
Public Aid (now Department of Healthcare and Family Services),
|
seek appropriate amendments under Sections 1915 and 1924 of the |
Social
Security Act. The purpose of the amendments shall be to |
extend eligibility
for home and community based services under |
Sections 1915 and 1924 of the
Social Security Act to persons |
who transfer to or for the benefit of a
spouse those amounts of |
income and resources allowed under Section 1924 of
the Social |
Security Act. Subject to the approval of such amendments, the
|
Department shall extend the provisions of Section 5-4 of the |
Illinois
Public Aid Code to persons who, but for the provision |
of home or
community-based services, would require the level of |
care provided in an
institution, as is provided for in federal |
law. Those persons no longer
found to be eligible for receiving |
noninstitutional services due to changes
in the eligibility |
criteria shall be given 45 days notice prior to actual
|
termination. Those persons receiving notice of termination may |
contact the
Department and request the determination be |
|
appealed at any time during the
45 day notice period. The |
target
population identified for the purposes of this Section |
are persons age 60
and older with an identified service need. |
Priority shall be given to those
who are at imminent risk of |
institutionalization. The services shall be
provided to |
eligible persons age 60 and older to the extent that the cost
|
of the services together with the other personal maintenance
|
expenses of the persons are reasonably related to the standards
|
established for care in a group facility appropriate to the |
person's
condition. These non-institutional services, pilot |
projects or
experimental facilities may be provided as part of |
or in addition to
those authorized by federal law or those |
funded and administered by the
Department of Human Services. |
The Departments of Human Services, Healthcare and Family |
Services,
Public Health, Veterans' Affairs, and Commerce and |
Economic Opportunity and
other appropriate agencies of State, |
federal and local governments shall
cooperate with the |
Department on Aging in the establishment and development
of the |
non-institutional services. The Department shall require an |
annual
audit from all personal assistant
and home care aide |
vendors contracting with
the Department under this Section. The |
annual audit shall assure that each
audited vendor's procedures |
are in compliance with Department's financial
reporting |
guidelines requiring an administrative and employee wage and |
benefits cost split as defined in administrative rules. The |
audit is a public record under
the Freedom of Information Act. |
|
The Department shall execute, relative to
the nursing home |
prescreening project, written inter-agency
agreements with the |
Department of Human Services and the Department
of Healthcare |
and Family Services, to effect the following: (1) intake |
procedures and common
eligibility criteria for those persons |
who are receiving non-institutional
services; and (2) the |
establishment and development of non-institutional
services in |
areas of the State where they are not currently available or |
are
undeveloped. On and after July 1, 1996, all nursing home |
prescreenings for
individuals 60 years of age or older shall be |
conducted by the Department.
|
As part of the Department on Aging's routine training of |
case managers and case manager supervisors, the Department may |
include information on family futures planning for persons who |
are age 60 or older and who are caregivers of their adult |
children with developmental disabilities. The content of the |
training shall be at the Department's discretion. |
The Department is authorized to establish a system of |
recipient copayment
for services provided under this Section, |
such copayment to be based upon
the recipient's ability to pay |
but in no case to exceed the actual cost of
the services |
provided. Additionally, any portion of a person's income which
|
is equal to or less than the federal poverty standard shall not |
be
considered by the Department in determining the copayment. |
The level of
such copayment shall be adjusted whenever |
necessary to reflect any change
in the officially designated |
|
federal poverty standard.
|
The Department, or the Department's authorized |
representative, may
recover the amount of moneys expended for |
services provided to or in
behalf of a person under this |
Section by a claim against the person's
estate or against the |
estate of the person's surviving spouse, but no
recovery may be |
had until after the death of the surviving spouse, if
any, and |
then only at such time when there is no surviving child who
is |
under age 21, blind, or permanently and totally disabled. This
|
paragraph, however, shall not bar recovery, at the death of the |
person, of
moneys for services provided to the person or in |
behalf of the person under
this Section to which the person was |
not entitled;
provided that such recovery shall not be enforced |
against any real estate while
it is occupied as a homestead by |
the surviving spouse or other dependent, if no
claims by other |
creditors have been filed against the estate, or, if such
|
claims have been filed, they remain dormant for failure of |
prosecution or
failure of the claimant to compel administration |
of the estate for the purpose
of payment. This paragraph shall |
not bar recovery from the estate of a spouse,
under Sections |
1915 and 1924 of the Social Security Act and Section 5-4 of the
|
Illinois Public Aid Code, who precedes a person receiving |
services under this
Section in death. All moneys for services
|
paid to or in behalf of the person under this Section shall be |
claimed for
recovery from the deceased spouse's estate. |
"Homestead", as used
in this paragraph, means the dwelling |
|
house and
contiguous real estate occupied by a surviving spouse
|
or relative, as defined by the rules and regulations of the |
Department of Healthcare and Family Services, regardless of the |
value of the property.
|
The Department shall increase the effectiveness of the |
existing Community Care Program by: |
(1) ensuring that in-home services included in the care |
plan are available on evenings and weekends; |
(2) ensuring that care plans contain the services that |
eligible participants
need based on the number of days in a |
month, not limited to specific blocks of time, as |
identified by the comprehensive assessment tool selected |
by the Department for use statewide, not to exceed the |
total monthly service cost maximum allowed for each |
service; the Department shall develop administrative rules |
to implement this item (2); |
(3) ensuring that the participants have the right to |
choose the services contained in their care plan and to |
direct how those services are provided, based on |
administrative rules established by the Department; |
(4) ensuring that the determination of need tool is |
accurate in determining the participants' level of need; to |
achieve this, the Department, in conjunction with the Older |
Adult Services Advisory Committee, shall institute a study |
of the relationship between the Determination of Need |
scores, level of need, service cost maximums, and the |
|
development and utilization of service plans no later than |
May 1, 2008; findings and recommendations shall be |
presented to the Governor and the General Assembly no later |
than January 1, 2009; recommendations shall include all |
needed changes to the service cost maximums schedule and |
additional covered services; |
(5) ensuring that homemakers can provide personal care |
services that may or may not involve contact with clients, |
including but not limited to: |
(A) bathing; |
(B) grooming; |
(C) toileting; |
(D) nail care; |
(E) transferring; |
(F) respiratory services; |
(G) exercise; or |
(H) positioning; |
(6) ensuring that homemaker program vendors are not |
restricted from hiring homemakers who are family members of |
clients or recommended by clients; the Department may not, |
by rule or policy, require homemakers who are family |
members of clients or recommended by clients to accept |
assignments in homes other than the client; |
(7) ensuring that the State may access maximum federal |
matching funds by seeking approval for the Centers for |
Medicare and Medicaid Services for modifications to the |
|
State's home and community based services waiver and |
additional waiver opportunities, including applying for |
enrollment in the Balance Incentive Payment Program by May |
1, 2013, in order to maximize federal matching funds; this |
shall include, but not be limited to, modification that |
reflects all changes in the Community Care Program services |
and all increases in the services cost maximum; |
(8) ensuring that the determination of need tool |
accurately reflects the service needs of individuals with |
Alzheimer's disease and related dementia disorders; |
(9) ensuring that services are authorized accurately |
and consistently for the Community Care Program (CCP); the |
Department shall implement a Service Authorization policy |
directive; the purpose shall be to ensure that eligibility |
and services are authorized accurately and consistently in |
the CCP program; the policy directive shall clarify service |
authorization guidelines to Care Coordination Units and |
Community Care Program providers no later than May 1, 2013; |
(10) working in conjunction with Care Coordination |
Units, the Department of Healthcare and Family Services, |
the Department of Human Services, Community Care Program |
providers, and other stakeholders to make improvements to |
the Medicaid claiming processes and the Medicaid |
enrollment procedures or requirements as needed, |
including, but not limited to, specific policy changes or |
rules to improve the up-front enrollment of participants in |
|
the Medicaid program and specific policy changes or rules |
to insure more prompt submission of bills to the federal |
government to secure maximum federal matching dollars as |
promptly as possible; the Department on Aging shall have at |
least 3 meetings with stakeholders by January 1, 2014 in |
order to address these improvements; |
(11) requiring home care service providers to comply |
with the rounding of hours worked provisions under the |
federal Fair Labor Standards Act (FLSA) and as set forth in |
29 CFR 785.48(b) by May 1, 2013; |
(12) implementing any necessary policy changes or |
promulgating any rules, no later than January 1, 2014, to |
assist the Department of Healthcare and Family Services in |
moving as many participants as possible, consistent with |
federal regulations, into coordinated care plans if a care |
coordination plan that covers long term care is available |
in the recipient's area; and |
(13) maintaining fiscal year 2014 rates at the same |
level established on January 1, 2013. |
By January 1, 2009 or as soon after the end of the Cash and |
Counseling Demonstration Project as is practicable, the |
Department may, based on its evaluation of the demonstration |
project, promulgate rules concerning personal assistant |
services, to include, but need not be limited to, |
qualifications, employment screening, rights under fair labor |
standards, training, fiduciary agent, and supervision |
|
requirements. All applicants shall be subject to the provisions |
of the Health Care Worker Background Check Act.
|
The Department shall develop procedures to enhance |
availability of
services on evenings, weekends, and on an |
emergency basis to meet the
respite needs of caregivers. |
Procedures shall be developed to permit the
utilization of |
services in successive blocks of 24 hours up to the monthly
|
maximum established by the Department. Workers providing these |
services
shall be appropriately trained.
|
Beginning on the effective date of this Amendatory Act of |
1991, no person
may perform chore/housekeeping and home care |
aide services under a program
authorized by this Section unless |
that person has been issued a certificate
of pre-service to do |
so by his or her employing agency. Information
gathered to |
effect such certification shall include (i) the person's name,
|
(ii) the date the person was hired by his or her current |
employer, and
(iii) the training, including dates and levels. |
Persons engaged in the
program authorized by this Section |
before the effective date of this
amendatory Act of 1991 shall |
be issued a certificate of all pre- and
in-service training |
from his or her employer upon submitting the necessary
|
information. The employing agency shall be required to retain |
records of
all staff pre- and in-service training, and shall |
provide such records to
the Department upon request and upon |
termination of the employer's contract
with the Department. In |
addition, the employing agency is responsible for
the issuance |
|
of certifications of in-service training completed to their
|
employees.
|
The Department is required to develop a system to ensure |
that persons
working as home care aides and personal assistants
|
receive increases in their
wages when the federal minimum wage |
is increased by requiring vendors to
certify that they are |
meeting the federal minimum wage statute for home care aides
|
and personal assistants. An employer that cannot ensure that |
the minimum
wage increase is being given to home care aides and |
personal assistants
shall be denied any increase in |
reimbursement costs.
|
The Community Care Program Advisory Committee is created in |
the Department on Aging. The Director shall appoint individuals |
to serve in the Committee, who shall serve at their own |
expense. Members of the Committee must abide by all applicable |
ethics laws. The Committee shall advise the Department on |
issues related to the Department's program of services to |
prevent unnecessary institutionalization. The Committee shall |
meet on a bi-monthly basis and shall serve to identify and |
advise the Department on present and potential issues affecting |
the service delivery network, the program's clients, and the |
Department and to recommend solution strategies. Persons |
appointed to the Committee shall be appointed on, but not |
limited to, their own and their agency's experience with the |
program, geographic representation, and willingness to serve. |
The Director shall appoint members to the Committee to |
|
represent provider, advocacy, policy research, and other |
constituencies committed to the delivery of high quality home |
and community-based services to older adults. Representatives |
shall be appointed to ensure representation from community care |
providers including, but not limited to, adult day service |
providers, homemaker providers, case coordination and case |
management units, emergency home response providers, statewide |
trade or labor unions that represent home care
aides and direct |
care staff, area agencies on aging, adults over age 60, |
membership organizations representing older adults, and other |
organizational entities, providers of care, or individuals |
with demonstrated interest and expertise in the field of home |
and community care as determined by the Director. |
Nominations may be presented from any agency or State |
association with interest in the program. The Director, or his |
or her designee, shall serve as the permanent co-chair of the |
advisory committee. One other co-chair shall be nominated and |
approved by the members of the committee on an annual basis. |
Committee members' terms of appointment shall be for 4 years |
with one-quarter of the appointees' terms expiring each year. A |
member shall continue to serve until his or her replacement is |
named. The Department shall fill vacancies that have a |
remaining term of over one year, and this replacement shall |
occur through the annual replacement of expiring terms. The |
Director shall designate Department staff to provide technical |
assistance and staff support to the committee. Department |
|
representation shall not constitute membership of the |
committee. All Committee papers, issues, recommendations, |
reports, and meeting memoranda are advisory only. The Director, |
or his or her designee, shall make a written report, as |
requested by the Committee, regarding issues before the |
Committee.
|
The Department on Aging and the Department of Human |
Services
shall cooperate in the development and submission of |
an annual report on
programs and services provided under this |
Section. Such joint report
shall be filed with the Governor and |
the General Assembly on or before
September 30 each year.
|
The requirement for reporting to the General Assembly shall |
be satisfied
by filing copies of the report with the Speaker, |
the Minority Leader and
the Clerk of the House of |
Representatives and the President, the Minority
Leader and the |
Secretary of the Senate and the Legislative Research Unit,
as |
required by Section 3.1 of the General Assembly Organization |
Act and
filing such additional copies with the State Government |
Report Distribution
Center for the General Assembly as is |
required under paragraph (t) of
Section 7 of the State Library |
Act.
|
Those persons previously found eligible for receiving |
non-institutional
services whose services were discontinued |
under the Emergency Budget Act of
Fiscal Year 1992, and who do |
not meet the eligibility standards in effect
on or after July |
1, 1992, shall remain ineligible on and after July 1,
1992. |
|
Those persons previously not required to cost-share and who |
were
required to cost-share effective March 1, 1992, shall |
continue to meet
cost-share requirements on and after July 1, |
1992. Beginning July 1, 1992,
all clients will be required to |
meet
eligibility, cost-share, and other requirements and will |
have services
discontinued or altered when they fail to meet |
these requirements. |
For the purposes of this Section, "flexible senior |
services" refers to services that require one-time or periodic |
expenditures including, but not limited to, respite care, home |
modification, assistive technology, housing assistance, and |
transportation.
|
The Department shall implement an electronic service |
verification based on global positioning systems or other |
cost-effective technology for the Community Care Program no |
later than January 1, 2014. |
The Department shall require, as a condition of |
eligibility, enrollment in the medical assistance program |
under Article V of the Illinois Public Aid Code (i) beginning |
August 1, 2013, if the Auditor General has reported that the |
Department has failed
to comply with the reporting requirements |
of Section 2-27 of
the Illinois State Auditing Act; or (ii) |
beginning June 1, 2014, if the Auditor General has reported |
that the
Department has not undertaken the required actions |
listed in
the report required by subsection (a) of Section 2-27 |
of the
Illinois State Auditing Act. |
|
The Department shall delay Community Care Program services |
until an applicant is determined eligible for medical |
assistance under Article V of the Illinois Public Aid Code (i) |
beginning August 1, 2013, if the Auditor General has reported |
that the Department has failed
to comply with the reporting |
requirements of Section 2-27 of
the Illinois State Auditing |
Act; or (ii) beginning June 1, 2014, if the Auditor General has |
reported that the
Department has not undertaken the required |
actions listed in
the report required by subsection (a) of |
Section 2-27 of the
Illinois State Auditing Act. |
The Department shall implement co-payments for the |
Community Care Program at the federally allowable maximum level |
(i) beginning August 1, 2013, if the Auditor General has |
reported that the Department has failed
to comply with the |
reporting requirements of Section 2-27 of
the Illinois State |
Auditing Act; or (ii) beginning June 1, 2014, if the Auditor |
General has reported that the
Department has not undertaken the |
required actions listed in
the report required by subsection |
(a) of Section 2-27 of the
Illinois State Auditing Act. |
The Department shall provide a bi-monthly report on the |
progress of the Community Care Program reforms set forth in |
this amendatory Act of the 98th General Assembly to the |
Governor, the Speaker of the House of Representatives, the |
Minority Leader of the House of Representatives, the
President |
of the
Senate, and the Minority Leader of the Senate. |
The Department shall conduct a quarterly review of Care |
|
Coordination Unit performance and adherence to service |
guidelines. The quarterly review shall be reported to the |
Speaker of the House of Representatives, the Minority Leader of |
the House of Representatives, the
President of the
Senate, and |
the Minority Leader of the Senate. The Department shall collect |
and report longitudinal data on the performance of each care |
coordination unit. Nothing in this paragraph shall be construed |
to require the Department to identify specific care |
coordination units. |
In regard to community care providers, failure to comply |
with Department on Aging policies shall be cause for |
disciplinary action, including, but not limited to, |
disqualification from serving Community Care Program clients. |
Each provider, upon submission of any bill or invoice to the |
Department for payment for services rendered, shall include a |
notarized statement, under penalty of perjury pursuant to |
Section 1-109 of the Code of Civil Procedure, that the provider |
has complied with all Department policies. |
The Director of the Department on Aging shall make |
information available to the State Board of Elections as may be |
required by an agreement the State Board of Elections has |
entered into with a multi-state voter registration list |
maintenance system. |
(Source: P.A. 97-333, eff. 8-12-11; 98-8, eff. 5-3-13.)
|
Section 25. The Revised Cities and Villages Act of 1941 is |
|
amended by changing Section 21-28 as follows:
|
(65 ILCS 20/21-28) (from Ch. 24, par. 21-28)
|
Sec. 21-28. Nomination by petition. |
(a) All nominations for alderman of any ward in the city |
shall be by
petition. Each petition for nomination of a |
candidate shall be signed by at least 473 legal voters of the |
ward. All petitions for nominations of candidates shall be |
signed by
such a number of legal voters of the ward as will |
aggregate not less
than 4%
of all the votes cast for alderman |
in such ward at the last preceding
general election. For the |
election following the redistricting of wards
petitions for |
nominations of candidates shall be signed by the number of
|
legal voters of the ward as will aggregate not less than 4% of |
the total
number of votes cast for mayor at the last preceding |
municipal election
divided by the number of wards. |
(b) All nominations for mayor, city clerk, and city |
treasurer in the city shall be by petition. Each petition for |
nomination of a candidate must be signed by at least 12,500 |
legal voters of the city.
|
(c) All such petitions, and procedure with
respect thereto,
|
shall conform in other respects to the provisions of the |
election and
ballot laws then in force in the city of Chicago |
concerning the nomination
of independent candidates for public |
office by petition. The method of
nomination herein provided is |
exclusive of and replaces all other methods
heretofore provided |
|
by law.
|
(Source: P.A. 98-115, eff. 7-29-13.)
|
Section 30. The Illinois Public Aid Code is amended by |
adding Section 1-12 as follows:
|
(305 ILCS 5/1-12 new) |
Sec. 1-12. Providing information to the State Board of |
Elections. The Secretary of the Department of Human Services |
and the Director of the Department of Healthcare and Family |
Services shall make information available, except where |
prohibited by federal law or regulation, to the State Board of |
Elections as may be required by an agreement the State Board of |
Elections has entered into with a multi-state voter |
registration list maintenance system.
|
Section 35. The Senior Citizens and Disabled Persons |
Property Tax Relief Act is amended by changing Section 8a as |
follows:
|
(320 ILCS 25/8a) (from Ch. 67 1/2, par. 408.1)
|
Sec. 8a. Confidentiality.
|
(a) Except as otherwise provided in this Act, all
|
information received by the Department of Revenue or its |
successors, the Department on Aging and the Department of |
Healthcare and Family Services, from claims filed under this |
|
Act, or
from any investigation conducted under the provisions
|
of this Act, shall be confidential, except for official |
purposes within those Departments
or pursuant to official
|
procedures for collection of any State tax or enforcement of |
any civil or
criminal penalty or sanction imposed
by this Act |
or by any statute imposing a State tax, and any person who |
divulges
any such information in any
manner, except for such |
purposes and pursuant to order of the Director of one of those |
Departments or
in accordance with a proper judicial order, |
shall be guilty of a Class A
misdemeanor.
|
(b) Nothing contained in this Act shall prevent the |
Director of Aging from publishing
or making available |
reasonable statistics concerning the operation of the
grant |
programs contained in this Act wherein the contents
of claims |
are grouped into aggregates in such a way that information |
contained
in any individual claim shall not be disclosed.
|
(c) The Department on Aging shall furnish to the Secretary |
of State such
information as is reasonably necessary for the |
administration of reduced
vehicle registration fees pursuant |
to Section 3-806.3 of "The Illinois Vehicle
Code".
|
(d) The Director of the Department on Aging shall make |
information available to the State Board of Elections as may be |
required by an agreement the State Board of Elections has |
entered into with a multi-state voter registration list |
maintenance system. |
(Source: P.A. 96-804, eff. 1-1-10.)
|
|
Section 40. The Unemployment Insurance Act is amended by |
changing Section 1900 as follows:
|
(820 ILCS 405/1900) (from Ch. 48, par. 640)
|
Sec. 1900. Disclosure of information.
|
A. Except as provided in this Section, information obtained |
from any
individual or employing unit during the administration |
of this Act shall:
|
1. be confidential,
|
2. not be published or open to public inspection,
|
3. not be used in any court in any pending action or |
proceeding,
|
4. not be admissible in evidence in any action or |
proceeding other than
one arising out of this Act.
|
B. No finding, determination, decision, ruling or order |
(including
any finding of fact, statement or conclusion made |
therein) issued pursuant
to this Act shall be admissible or |
used in evidence in any action other than
one arising out of |
this Act, nor shall it be binding or conclusive except
as |
provided in this Act, nor shall it constitute res judicata, |
regardless
of whether the actions were between the same or |
related parties or involved
the same facts.
|
C. Any officer or employee of this State, any officer or |
employee of any
entity authorized to obtain information |
pursuant to this Section, and any
agent of this State or of |
|
such entity
who, except with authority of
the Director under |
this Section, shall disclose information shall be guilty
of a |
Class B misdemeanor and shall be disqualified from holding any
|
appointment or employment by the State.
|
D. An individual or his duly authorized agent may be |
supplied with
information from records only to the extent |
necessary for the proper
presentation of his claim for benefits |
or with his existing or prospective
rights to benefits. |
Discretion to disclose this information belongs
solely to the |
Director and is not subject to a release or waiver by the
|
individual.
Notwithstanding any other provision to the |
contrary, an individual or his or
her duly authorized agent may |
be supplied with a statement of the amount of
benefits paid to |
the individual during the 18 months preceding the date of his
|
or her request.
|
E. An employing unit may be furnished with information, |
only if deemed by
the Director as necessary to enable it to |
fully discharge its obligations or
safeguard its rights under |
the Act. Discretion to disclose this information
belongs solely |
to the Director and is not subject to a release or waiver by |
the
employing unit.
|
F. The Director may furnish any information that he may |
deem proper to
any public officer or public agency of this or |
any other State or of the
federal government dealing with:
|
1. the administration of relief,
|
2. public assistance,
|
|
3. unemployment compensation,
|
4. a system of public employment offices,
|
5. wages and hours of employment, or
|
6. a public works program.
|
The Director may make available to the Illinois Workers' |
Compensation Commission
information regarding employers for |
the purpose of verifying the insurance
coverage required under |
the Workers' Compensation Act and Workers'
Occupational |
Diseases Act.
|
G. The Director may disclose information submitted by the |
State or any
of its political subdivisions, municipal |
corporations, instrumentalities,
or school or community |
college districts, except for information which
specifically |
identifies an individual claimant.
|
H. The Director shall disclose only that information |
required to be
disclosed under Section 303 of the Social |
Security Act, as amended, including:
|
1. any information required to be given the United |
States Department of
Labor under Section 303(a)(6); and
|
2. the making available upon request to any agency of |
the United States
charged with the administration of public |
works or assistance through
public employment, the name, |
address, ordinary occupation and employment
status of each |
recipient of unemployment compensation, and a statement of
|
such recipient's right to further compensation under such |
law as required
by Section 303(a)(7); and
|
|
3. records to make available to the Railroad Retirement |
Board as
required by Section 303(c)(1); and
|
4. information that will assure reasonable cooperation |
with every agency
of the United States charged with the |
administration of any unemployment
compensation law as |
required by Section 303(c)(2); and
|
5. information upon request and on a reimbursable basis |
to the United
States Department of Agriculture and to any |
State food stamp agency
concerning any information |
required to be furnished by Section 303(d); and
|
6. any wage information upon request and on a |
reimbursable basis
to any State or local child support |
enforcement agency required by
Section 303(e); and
|
7. any information required under the income |
eligibility and
verification system as required by Section |
303(f); and
|
8. information that might be useful in locating an |
absent parent or that
parent's employer, establishing |
paternity or establishing, modifying, or
enforcing child |
support orders
for the purpose of a child support |
enforcement program
under Title IV of the Social Security |
Act upon the request of
and on a reimbursable basis to
the |
public
agency administering the Federal Parent Locator |
Service as required by
Section 303(h); and
|
9. information, upon request, to representatives of |
any federal, State
or local governmental public housing |
|
agency with respect to individuals who
have signed the |
appropriate consent form approved by the Secretary of |
Housing
and Urban Development and who are applying for or |
participating in any housing
assistance program |
administered by the United States Department of Housing and
|
Urban Development as required by Section 303(i).
|
I. The Director, upon the request of a public agency of |
Illinois, of the
federal government or of any other state |
charged with the investigation or
enforcement of Section 10-5 |
of the Criminal Code of 2012 (or a similar
federal law or |
similar law of another State), may furnish the public agency
|
information regarding the individual specified in the request |
as to:
|
1. the current or most recent home address of the |
individual, and
|
2. the names and addresses of the individual's |
employers.
|
J. Nothing in this Section shall be deemed to interfere |
with the
disclosure of certain records as provided for in |
Section 1706 or with the
right to make available to the |
Internal Revenue Service of the United
States Department of the |
Treasury, or the Department of Revenue of the
State of |
Illinois, information obtained under this Act.
|
K. The Department shall make available to the Illinois |
Student Assistance
Commission, upon request, information in |
the possession of the Department that
may be necessary or |
|
useful to the
Commission in the collection of defaulted or |
delinquent student loans which
the Commission administers.
|
L. The Department shall make available to the State |
Employees'
Retirement System, the State Universities |
Retirement System, the
Teachers' Retirement System of the State |
of Illinois, and the Department of Central Management Services, |
Risk Management Division, upon request,
information in the |
possession of the Department that may be necessary or useful
to |
the System or the Risk Management Division for the purpose of |
determining whether any recipient of a
disability benefit from |
the System or a workers' compensation benefit from the Risk |
Management Division is gainfully employed.
|
M. This Section shall be applicable to the information |
obtained in the
administration of the State employment service, |
except that the Director
may publish or release general labor |
market information and may furnish
information that he may deem |
proper to an individual, public officer or
public agency of |
this or any other State or the federal government (in
addition |
to those public officers or public agencies specified in this
|
Section) as he prescribes by Rule.
|
N. The Director may require such safeguards as he deems |
proper to insure
that information disclosed pursuant to this |
Section is used only for the
purposes set forth in this |
Section.
|
O. Nothing in this Section prohibits communication with an |
individual or entity through unencrypted e-mail or other |
|
unencrypted electronic means as long as the communication does |
not contain the individual's or entity's name in combination |
with any one or more of the individual's or entity's social |
security number; driver's license or State identification |
number; account number or credit or debit card number; or any |
required security code, access code, or password that would |
permit access to further information pertaining to the |
individual or entity.
|
P. Within 30 days after the effective date of this |
amendatory Act of 1993
and annually thereafter, the Department |
shall provide to the Department of
Financial Institutions a |
list of individuals or entities that, for the most
recently |
completed calendar year, report to the Department as paying |
wages to
workers. The lists shall be deemed confidential and |
may not be disclosed to
any other person.
|
Q. The Director shall make available to an elected federal
|
official the name and address of an individual or entity that |
is located within
the jurisdiction from which the official was |
elected and that, for the most
recently completed calendar |
year, has reported to the Department as paying
wages to |
workers, where the information will be used in connection with |
the
official duties of the official and the official requests |
the information in
writing, specifying the purposes for which |
it will be used.
For purposes of this subsection, the use of |
information in connection with the
official duties of an |
official does not include use of the information in
connection |
|
with the solicitation of contributions or expenditures, in |
money or
in kind, to or on behalf of a candidate for public or |
political office or a
political party or with respect to a |
public question, as defined in Section 1-3
of the Election |
Code, or in connection with any commercial solicitation. Any
|
elected federal official who, in submitting a request for |
information
covered by this subsection, knowingly makes a false |
statement or fails to
disclose a material fact, with the intent |
to obtain the information for a
purpose not authorized by this |
subsection, shall be guilty of a Class B
misdemeanor.
|
R. The Director may provide to any State or local child |
support
agency, upon request and on a reimbursable basis, |
information that might be
useful in locating an absent parent |
or that parent's employer, establishing
paternity, or |
establishing, modifying, or enforcing child support orders.
|
S. The Department shall make available to a State's |
Attorney of this
State or a State's Attorney's investigator,
|
upon request, the current address or, if the current address is
|
unavailable, current employer information, if available, of a |
victim of
a felony or a
witness to a felony or a person against |
whom an arrest warrant is
outstanding.
|
T. The Director shall make available to the Department of |
State Police, a county sheriff's office, or a municipal police |
department, upon request, any information concerning the |
current address and place of employment or former places of |
employment of a person who is required to register as a sex |