Bill Text: IL SB1529 | 2015-2016 | 99th General Assembly | Enrolled
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the Election Code. In a provision concerning vacancies in the office of Representative in Congress, provides that the Governor shall issue a Writ of Election if the vacancy occurs more than 240 days (instead of 180 days) before the next general election. Provides that the special election shall be held within 180 days (instead of 115 days) after the issuance of the Writ of Election. Provides that petitions for nomination shall be filed not more than 85 and not less than 82 days prior to the date of the special primary election, except that petitions of independent candidates and candidates of new political parties shall be filed not more than 93 and not less than 90 days prior to the date of the special election. Effective immediately.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2016-06-30 - Public Act . . . . . . . . . 99-0522 [SB1529 Detail]
Download: Illinois-2015-SB1529-Enrolled.html
Bill Title: Amends the Election Code. In a provision concerning vacancies in the office of Representative in Congress, provides that the Governor shall issue a Writ of Election if the vacancy occurs more than 240 days (instead of 180 days) before the next general election. Provides that the special election shall be held within 180 days (instead of 115 days) after the issuance of the Writ of Election. Provides that petitions for nomination shall be filed not more than 85 and not less than 82 days prior to the date of the special primary election, except that petitions of independent candidates and candidates of new political parties shall be filed not more than 93 and not less than 90 days prior to the date of the special election. Effective immediately.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2016-06-30 - Public Act . . . . . . . . . 99-0522 [SB1529 Detail]
Download: Illinois-2015-SB1529-Enrolled.html
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1 | AN ACT concerning elections.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Election Code is amended by changing | ||||||
5 | Sections 1-3, 1-12, 1A-16.5, 1A-16.8, 4-8, 4-20, 4-33, 5-7, | ||||||
6 | 5-28, 5-43, 6-35, 6-65, 6-79, 7-9, 9-3, 10-6, 19-3, 19-4, 19-8, | ||||||
7 | 20-2, 20-2.1, 20-2.2, 20-2.3, 20-3, 20-8, 20-10, 21-1, 24C-12 | ||||||
8 | and 29-5, and by adding Sections 1-13 and 1A-50 as follows:
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9 | (10 ILCS 5/1-3) (from Ch. 46, par. 1-3)
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10 | Sec. 1-3. As used in this Act, unless the context otherwise | ||||||
11 | requires:
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12 | 1. "Election" includes the submission of all questions of | ||||||
13 | public
policy, propositions, and all measures submitted to | ||||||
14 | popular vote, and
includes primary elections when so indicated | ||||||
15 | by the context.
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16 | 2. "Regular election" means the general, general primary,
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17 | consolidated and consolidated primary elections regularly | ||||||
18 | scheduled in Article
2A. The even numbered year municipal | ||||||
19 | primary established in Article 2A is
a regular election only | ||||||
20 | with respect to those municipalities in which a
primary is | ||||||
21 | required to be held on such date.
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22 | 3. "Special election" means an election not regularly | ||||||
23 | recurring at fixed
intervals, irrespective of whether it is |
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1 | held at the same time and place and by
the same election | ||||||
2 | officers as a regular election.
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3 | 4. "General election" means the biennial election at which | ||||||
4 | members of
the General Assembly are elected. "General primary | ||||||
5 | election", "consolidated election" and "consolidated primary | ||||||
6 | election" mean
the respective elections or the election dates | ||||||
7 | designated and established
in Article 2A of this Code.
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8 | 5. "Municipal election" means an election or primary, | ||||||
9 | either regular
or special, in cities, villages, and | ||||||
10 | incorporated towns; and "municipality"
means any such city, | ||||||
11 | village or incorporated town.
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12 | 6. "Political or governmental subdivision" means any unit | ||||||
13 | of local
government, or school district in which elections are | ||||||
14 | or may be held.
"Political or governmental subdivision" also | ||||||
15 | includes, for election purposes,
Regional Boards of School | ||||||
16 | Trustees, and Township Boards of School Trustees.
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17 | 7. The word "township" and the word "town" shall apply
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18 | interchangeably to the type of governmental organization | ||||||
19 | established in
accordance with the provisions of the Township | ||||||
20 | Code. The term
"incorporated town" shall mean a municipality | ||||||
21 | referred to as an
incorporated town in the Illinois Municipal | ||||||
22 | Code, as now or hereafter
amended.
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23 | 8. "Election authority" means a county clerk or a Board of | ||||||
24 | Election
Commissioners.
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25 | 9. "Election Jurisdiction" means (a) an entire county, in | ||||||
26 | the case of
a county in which no city board of election |
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1 | commissioners is located or
which is under the jurisdiction of | ||||||
2 | a county board of election commissioners;
(b) the territorial | ||||||
3 | jurisdiction of a city board of election commissioners;
and (c) | ||||||
4 | the territory in a county outside of the jurisdiction of a city
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5 | board of election commissioners. In each instance election | ||||||
6 | jurisdiction
shall be determined according to which election | ||||||
7 | authority maintains the
permanent registration records of | ||||||
8 | qualified electors.
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9 | 10. "Local election official" means the clerk or secretary | ||||||
10 | of a unit
of local government or school district, as the case | ||||||
11 | may be, the treasurer
of a township board of school trustees, | ||||||
12 | and the regional superintendent
of schools with respect to the | ||||||
13 | various school officer elections and school
referenda for which | ||||||
14 | the regional superintendent is assigned election duties
by The | ||||||
15 | School Code, as now or hereafter amended.
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16 | 11. "Judges of election", "primary judges" and similar | ||||||
17 | terms, as
applied to cases where there are 2 sets of judges, | ||||||
18 | when used in
connection with duties at an election during the | ||||||
19 | hours the polls are
open, refer to the team of judges of | ||||||
20 | election on duty during such hours;
and, when used with | ||||||
21 | reference to duties after the closing of the polls,
refer to | ||||||
22 | the team of tally judges designated to count the vote after the
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23 | closing of the polls and the holdover judges designated | ||||||
24 | pursuant to
Section 13-6.2 or 14-5.2. In such case, where, | ||||||
25 | after the closing of the
polls, any act is required to be | ||||||
26 | performed by each of the judges of
election, it shall be |
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1 | performed by each of the tally judges and by each
of the | ||||||
2 | holdover judges.
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3 | 12. "Petition" of candidacy as used in Sections 7-10 and | ||||||
4 | 7-10.1
shall consist of a statement of candidacy, candidate's | ||||||
5 | statement
containing oath, and sheets containing signatures of | ||||||
6 | qualified primary
electors bound together.
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7 | 13. "Election district" and "precinct", when used with | ||||||
8 | reference to
a 30-day residence requirement, means the smallest | ||||||
9 | constituent territory
in which electors vote as a unit at the | ||||||
10 | same polling place in any
election governed by this Act.
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11 | 14. "District" means any area which votes as a unit for the | ||||||
12 | election of
any officer, other than the State or a unit of | ||||||
13 | local government or school
district, and includes, but is not | ||||||
14 | limited to, legislative, congressional
and judicial districts, | ||||||
15 | judicial circuits, county board districts,
municipal and | ||||||
16 | sanitary district wards, school board districts, and | ||||||
17 | precincts.
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18 | 15. "Question of public policy" or "public question"
means | ||||||
19 | any question, proposition or measure submitted to the voters at | ||||||
20 | an
election dealing with subject matter other than the | ||||||
21 | nomination or election
of candidates and shall include, but is | ||||||
22 | not limited to, any bond or tax
referendum, and questions | ||||||
23 | relating to the Constitution.
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24 | 16. "Ordinance providing the form of government of a | ||||||
25 | municipality
or county pursuant to Article VII of the | ||||||
26 | Constitution" includes ordinances,
resolutions and petitions |
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1 | adopted by referendum which provide for the form
of government, | ||||||
2 | the officers or the manner of selection or terms of office
of | ||||||
3 | officers of such municipality or county, pursuant to the | ||||||
4 | provisions of
Sections 4, 6 or 7 of Article VII of the | ||||||
5 | Constitution.
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6 | 17. "List" as used in Sections 4-11, 4-22, 5-14, 5-29, | ||||||
7 | 6-60, and 6-66
shall include a computer tape or computer disc | ||||||
8 | or other electronic data
processing information containing | ||||||
9 | voter information.
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10 | 18. "Accessible" means accessible to persons with | ||||||
11 | disabilities and elderly
individuals for the purpose of voting | ||||||
12 | or registration, as determined by
rule of the State Board of | ||||||
13 | Elections.
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14 | 19. "Elderly" means 65 years of age or older.
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15 | 20. "Person with a disability" means a person having a | ||||||
16 | temporary or permanent physical disability.
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17 | 21. "Leading political party" means one of the two | ||||||
18 | political parties
whose candidates for governor at the most | ||||||
19 | recent three gubernatorial
elections received either the | ||||||
20 | highest or second highest average number of
votes. The | ||||||
21 | political party whose candidates for governor received the
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22 | highest average number of votes shall be known as the first | ||||||
23 | leading
political party and the political party whose | ||||||
24 | candidates for governor
received the second highest average | ||||||
25 | number of votes shall be known as the
second leading political | ||||||
26 | party.
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1 | 22. "Business day" means any day in which the office of an | ||||||
2 | election
authority, local election official or the State Board | ||||||
3 | of Elections is open
to the public for a minimum of 7 hours.
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4 | 23. "Homeless individual" means any person who has a | ||||||
5 | nontraditional
residence, including, but not limited to, a | ||||||
6 | shelter, day shelter, park
bench, street corner, or space under | ||||||
7 | a bridge.
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8 | 24. "Signature" means a name signed in ink or in digitized | ||||||
9 | form. This definition does not apply to a nominating or | ||||||
10 | candidate petition or a referendum petition. | ||||||
11 | 25. "Intelligent mail barcode tracking system" means a | ||||||
12 | printed trackable barcode attached to the return business reply | ||||||
13 | envelope for mail-in ballots under Article 19 or Article 20 | ||||||
14 | that allows an election authority to determine the date the | ||||||
15 | envelope was mailed in absence of a postmark. | ||||||
16 | (Source: P.A. 99-143, eff. 7-27-15.)
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17 | (10 ILCS 5/1-12) | ||||||
18 | Sec. 1-12. Public university voting. | ||||||
19 | (a) Each appropriate election authority shall, in addition | ||||||
20 | to the early voting conducted at locations otherwise required | ||||||
21 | by law, conduct early voting, grace period registration, and | ||||||
22 | grace period voting at the student union on the campus of a | ||||||
23 | public university within the election authority's | ||||||
24 | jurisdiction. The voting required by this subsection (a) to be | ||||||
25 | conducted on campus must be conducted from the 6th day before a |
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1 | general primary or general election until and including the 4th | ||||||
2 | day before a general primary or general election from 10:00 | ||||||
3 | a.m. to 5 p.m. and as otherwise required by Article 19A of this | ||||||
4 | Code, except that the voting required by this subsection (a) | ||||||
5 | need not be conducted during a consolidated primary or | ||||||
6 | consolidated election. If an election authority has voting | ||||||
7 | equipment that can accommodate a ballot in every form required | ||||||
8 | in the election authority's jurisdiction, then the election | ||||||
9 | authority shall extend early voting and grace period | ||||||
10 | registration and voting under this Section to any registered | ||||||
11 | voter in the election authority's jurisdiction. However, if the | ||||||
12 | election authority does not have voting equipment that can | ||||||
13 | accommodate a ballot in every form required in the election | ||||||
14 | authority's jurisdiction, then the election authority may | ||||||
15 | limit early voting and grace period registration and voting | ||||||
16 | under this Section to voters in precincts where the public | ||||||
17 | university is located and precincts bordering the university. | ||||||
18 | Each public university shall make the space available at the | ||||||
19 | student union for, and cooperate and coordinate with the | ||||||
20 | appropriate election authority in, the implementation of this | ||||||
21 | subsection (a).
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22 | (b) (Blank). | ||||||
23 | (c) For the purposes of this Section, "public university" | ||||||
24 | means the University of Illinois, Illinois State University, | ||||||
25 | Chicago State University, Governors State University, Southern | ||||||
26 | Illinois University, Northern Illinois University, Eastern |
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1 | Illinois University, Western Illinois University, and | ||||||
2 | Northeastern Illinois University. | ||||||
3 | (d) For the purposes of this Section, "student union" means | ||||||
4 | the Student Center at 750 S. Halsted on the University of | ||||||
5 | Illinois-Chicago campus; the Public Affairs Center at the | ||||||
6 | University of Illinois at Springfield or a new building | ||||||
7 | completed after the effective date of this Act housing student | ||||||
8 | government at the University of Illinois at Springfield; the | ||||||
9 | Illini Union at the University of Illinois at Urbana-Champaign; | ||||||
10 | the SIUC Student Center at the Southern Illinois University at | ||||||
11 | Carbondale campus; the Morris University Center at the Southern | ||||||
12 | Illinois University at Edwardsville campus; the University | ||||||
13 | Union at the Western Illinois University at the Macomb campus; | ||||||
14 | the Holmes Student Center at the Northern Illinois University | ||||||
15 | campus; the University Union at the Eastern Illinois University | ||||||
16 | campus; NEIU Student Union at the Northeastern Illinois | ||||||
17 | University campus; the Bone Student Center at the Illinois | ||||||
18 | State University campus; the Cordell Reed Student Union at the | ||||||
19 | Chicago State University campus; and the Hall of Governors in | ||||||
20 | Building D at the Governors State University campus. | ||||||
21 | (Source: P.A. 98-115, eff. 7-29-13; 98-691, eff. 7-1-14; | ||||||
22 | 98-1171, eff. 6-1-15 .)
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23 | (10 ILCS 5/1-13 new) | ||||||
24 | Sec. 1-13. Forms of signature. The making and signing of | ||||||
25 | any form, including an application to register, a certificate |
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1 | authorizing cancellation of a registration or authorizing a | ||||||
2 | transfer of registration, an application to vote, a provisional | ||||||
3 | ballot, or affidavit, but not including a nominating or | ||||||
4 | candidate petition or a referendum petition, may be by a | ||||||
5 | signature written in ink or in digitized form.
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6 | (10 ILCS 5/1A-16.5) | ||||||
7 | Sec. 1A-16.5. Online voter registration. | ||||||
8 | (a) The State Board of Elections shall establish and | ||||||
9 | maintain a system for online voter registration that permits a | ||||||
10 | person to apply to register to vote or to update his or her | ||||||
11 | existing voter registration. In accordance with technical | ||||||
12 | specifications provided by the State Board of Elections, each | ||||||
13 | election authority shall maintain a voter registration system | ||||||
14 | capable of receiving and processing voter registration | ||||||
15 | application information, including electronic signatures, from | ||||||
16 | the online voter registration system established by the State | ||||||
17 | Board of Elections. | ||||||
18 | (b) The online voter registration system shall employ | ||||||
19 | security measures to ensure the accuracy and integrity of voter | ||||||
20 | registration applications submitted electronically pursuant to | ||||||
21 | this Section. | ||||||
22 | (c) The Board may receive voter registration information | ||||||
23 | provided by applicants using the State Board of Elections' | ||||||
24 | website, may cross reference that information with data or | ||||||
25 | information contained in the Secretary of State's database in |
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1 | order to match the information submitted by applicants, and may | ||||||
2 | receive from the Secretary of State the applicant's digitized | ||||||
3 | signature upon a successful match of that applicant's | ||||||
4 | information with that contained in the Secretary of State's | ||||||
5 | database. | ||||||
6 | (d) Notwithstanding any other provision of law, a person | ||||||
7 | who is qualified to register to vote and who has an authentic | ||||||
8 | Illinois driver's license or State identification card issued | ||||||
9 | by the Secretary of State may submit an application to register | ||||||
10 | to vote electronically on a website maintained by the State | ||||||
11 | Board of Elections. | ||||||
12 | (e) An online voter registration application shall contain | ||||||
13 | all of the information that is required for a paper application | ||||||
14 | as provided in Section 1A-16 of this Code, except that the | ||||||
15 | applicant shall be required to provide: | ||||||
16 | (1) the applicant's full Illinois driver's license or | ||||||
17 | State identification card number; | ||||||
18 | (2) the last 4 digits of the applicant's social | ||||||
19 | security number; and | ||||||
20 | (3) the date the Illinois driver's license or State | ||||||
21 | identification card was issued. | ||||||
22 | (f) For an applicant's registration or change in | ||||||
23 | registration to be accepted, the applicant shall mark the box | ||||||
24 | associated with the following statement included as part of the | ||||||
25 | online voter registration application: | ||||||
26 | "By clicking on the box below, I swear or affirm all of the |
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1 | following: | ||||||
2 | (1) I am the person whose name and identifying information | ||||||
3 | is provided on this form, and I desire to register to vote in | ||||||
4 | the State of Illinois. | ||||||
5 | (2) All the information I have provided on this form is | ||||||
6 | true and correct as of the date I am submitting this form. | ||||||
7 | (3) I authorize the Secretary of State to transmit to the | ||||||
8 | State Board of Elections my signature that is on file with the | ||||||
9 | Secretary of State and understand that such signature will be | ||||||
10 | used by my local election authority on this online voter | ||||||
11 | registration application for admission as an elector as if I | ||||||
12 | had signed this form personally.". | ||||||
13 | (g) Immediately upon receiving a completed online voter | ||||||
14 | registration application, the online voter registration system | ||||||
15 | shall send, by electronic mail, a confirmation notice that the | ||||||
16 | application has been received. Within 48 hours of receiving | ||||||
17 | such an application, the online voter registration system shall | ||||||
18 | send by electronic mail, a notice informing the applicant of | ||||||
19 | whether the following information has been matched with the | ||||||
20 | Secretary of State database: | ||||||
21 | (1) that the applicant has an authentic Illinois | ||||||
22 | driver's license or State identification card issued by the | ||||||
23 | Secretary of State and that the driver's license or State | ||||||
24 | identification number provided by the applicant matches | ||||||
25 | the driver's license or State identification card number | ||||||
26 | for that person on file with the Secretary of State; |
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1 | (2) that the date of issuance of the Illinois driver's | ||||||
2 | license or State identification card listed on the | ||||||
3 | application matches the date of issuance of that card for | ||||||
4 | that person on file with the Secretary of State; | ||||||
5 | (3) that the date of birth provided by the applicant | ||||||
6 | matches the date of birth for that person on file with the | ||||||
7 | Secretary of State; and | ||||||
8 | (4) that the last 4 digits of the applicant's social | ||||||
9 | security number matches the last 4 digits for that person | ||||||
10 | on file with the Secretary of State. | ||||||
11 | (h) If the information provided by the applicant matches | ||||||
12 | the information on the Secretary of State's databases for any | ||||||
13 | driver's license and State identification card holder and is | ||||||
14 | matched as provided in subsection (g) above, the online voter | ||||||
15 | registration system shall: | ||||||
16 | (1) retrieve from the Secretary of State's database | ||||||
17 | files an electronic copy of the applicant's signature from | ||||||
18 | his or her Illinois driver's license or State | ||||||
19 | identification card and such signature shall be deemed to | ||||||
20 | be the applicant's signature on his or her online voter | ||||||
21 | registration application; | ||||||
22 | (2) within 2 days of receiving the application, forward | ||||||
23 | to the county clerk or board of election commissioners | ||||||
24 | having jurisdiction over the applicant's voter | ||||||
25 | registration: (i) the application, along with the | ||||||
26 | applicant's relevant data that can be directly loaded into |
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1 | the jurisdiction's voter registration system and (ii) a | ||||||
2 | copy of the applicant's electronic signature and a | ||||||
3 | certification from the State Board of Elections that the | ||||||
4 | applicant's driver's license or State identification card | ||||||
5 | number, driver's license or State identification card date | ||||||
6 | of issuance, and date of birth and social security | ||||||
7 | information have been successfully matched. | ||||||
8 | (i) Upon receipt of the online voter registration | ||||||
9 | application, the county clerk or board of election | ||||||
10 | commissioners having jurisdiction over the applicant's voter | ||||||
11 | registration shall promptly search its voter registration | ||||||
12 | database to determine whether the applicant is already | ||||||
13 | registered to vote at the address on the application and | ||||||
14 | whether the new registration would create a duplicate | ||||||
15 | registration. If the applicant is already registered to vote at | ||||||
16 | the address on the application, the clerk or board, as the case | ||||||
17 | may be, shall send the applicant by first class mail, and | ||||||
18 | electronic mail if the applicant has provided an electronic | ||||||
19 | mail address on the original voter registration form for that | ||||||
20 | address, a disposition notice as otherwise required by law | ||||||
21 | informing the applicant that he or she is already registered to | ||||||
22 | vote at such address. If the applicant is not already | ||||||
23 | registered to vote at the address on the application and the | ||||||
24 | applicant is otherwise eligible to register to vote, the clerk | ||||||
25 | or board, as the case may be, shall: | ||||||
26 | (1) enter the name and address of the applicant on the |
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1 | list of registered voters in the jurisdiction; and | ||||||
2 | (2) send by mail, and electronic mail if the applicant | ||||||
3 | has provided an electronic mail address on the voter | ||||||
4 | registration form, a disposition notice to the applicant as | ||||||
5 | otherwise provided by law setting forth the applicant's | ||||||
6 | name and address as it appears on the application and | ||||||
7 | stating that the person is registered to vote. | ||||||
8 | (j) An electronic signature of the person submitting a | ||||||
9 | duplicate registration application or a change of address form | ||||||
10 | that is retrieved and imported from the Secretary of State's | ||||||
11 | driver's license or State identification card database as | ||||||
12 | provided herein may, in the discretion of the clerk or board, | ||||||
13 | be substituted for and replace any existing signature for that | ||||||
14 | individual in the voter registration database of the county | ||||||
15 | clerk or board of election commissioners. | ||||||
16 | (k) Any new registration or change of address submitted | ||||||
17 | electronically as provided in this Section shall become | ||||||
18 | effective as of the date it is received by the county clerk or | ||||||
19 | board of election commissioners having jurisdiction over said | ||||||
20 | registration. Disposition notices prescribed in this Section | ||||||
21 | shall be sent within 5 business days of receipt of the online | ||||||
22 | application or change of address by the county clerk or board | ||||||
23 | of election commissioners. | ||||||
24 | (l) All provisions of this Code governing voter | ||||||
25 | registration and applicable thereto and not inconsistent with | ||||||
26 | this Section shall apply to online voter registration under |
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1 | this Section. All applications submitted on a website | ||||||
2 | maintained by the State Board of Elections shall be deemed | ||||||
3 | timely filed if they are submitted no later than 11:59 p.m. on | ||||||
4 | the 16th day final day for voter registration prior to an | ||||||
5 | election. After the registration period for an upcoming | ||||||
6 | election has ended and until the 2nd day following such | ||||||
7 | election, the web page containing the online voter registration | ||||||
8 | form on the State Board of Elections website shall inform users | ||||||
9 | of the procedure for grace period voting. | ||||||
10 | (m) The State Board of Elections shall maintain a list of | ||||||
11 | the name, street address, e-mail address, and likely precinct, | ||||||
12 | ward, township, and district numbers, as the case may be, of | ||||||
13 | people who apply to vote online through the voter registration | ||||||
14 | system and those names and that information shall be stored in | ||||||
15 | an electronic format on its website, arranged by county and | ||||||
16 | accessible to State and local political committees. | ||||||
17 | (n) The Illinois State Board of Elections shall develop or | ||||||
18 | cause to be developed an online voter registration system able | ||||||
19 | to be accessed by at least the top two most used mobile | ||||||
20 | electronic operating systems by January 1, 2016. | ||||||
21 | (o) (Blank).
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22 | (p) Each State department that maintains an Internet | ||||||
23 | website must include a hypertext link to the homepage website | ||||||
24 | maintained and operated pursuant to this Section 1A-16.5. For | ||||||
25 | the purposes of this Section, "State department" means the | ||||||
26 | departments of State Government listed in Section 5-15 of the |
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1 | Civil Administrative Code of Illinois (General Provisions and | ||||||
2 | Departments of State Government). | ||||||
3 | (Source: P.A. 98-115, eff. 7-29-13; 98-756, eff. 7-16-14; | ||||||
4 | 98-1171, eff. 6-1-15 .)
| ||||||
5 | (10 ILCS 5/1A-16.8) | ||||||
6 | Sec. 1A-16.8. Automatic transfer of registration based | ||||||
7 | upon information from the National Change of Address database. | ||||||
8 | The State Board of Elections shall cross-reference the | ||||||
9 | statewide voter registration database against the United | ||||||
10 | States Postal Service's National Change of Address database | ||||||
11 | twice each calendar year, April 15 and October 1 in | ||||||
12 | odd-numbered years and April 15 and December 1 in even-numbered | ||||||
13 | years, and shall share the findings with the election | ||||||
14 | authorities. An election authority shall automatically | ||||||
15 | register any voter who has moved into its jurisdiction from | ||||||
16 | another jurisdiction in Illinois or has moved within its | ||||||
17 | jurisdiction provided that: | ||||||
18 | (1) the election authority whose jurisdiction includes | ||||||
19 | the new registration address provides the voter an | ||||||
20 | opportunity to reject the change in registration address | ||||||
21 | through a mailing, sent by non-forwardable mail, to the new | ||||||
22 | registration address, and | ||||||
23 | (2) when the election authority whose jurisdiction | ||||||
24 | includes the previous registration address is a different | ||||||
25 | election authority, then that election authority provides |
| |||||||
| |||||||
1 | the same opportunity through a mailing, sent by forwardable | ||||||
2 | mail, to the previous registration address. | ||||||
3 | This change in registration shall trigger the same | ||||||
4 | inter-jurisdictional or intra-jurisdictional workflows as if | ||||||
5 | the voter completed a new registration card, including the | ||||||
6 | cancellation of the voter's previous registration. Should the | ||||||
7 | registration of a voter be changed from one address to another | ||||||
8 | within the State and should the voter appear at the polls and | ||||||
9 | offer to vote from the prior registration address, attesting | ||||||
10 | that the prior registration address is the true current | ||||||
11 | address, the voter, if confirmed by the election authority as | ||||||
12 | having been registered at the prior registration address and | ||||||
13 | canceled only by the process authorized by this Section, shall | ||||||
14 | be issued a regular ballot, and the change of registration | ||||||
15 | address shall be canceled. If the election authority is unable | ||||||
16 | to immediately confirm the registration, the voter shall be | ||||||
17 | issued a provisional ballot and the provisional ballot shall be | ||||||
18 | counted .
| ||||||
19 | (Source: P.A. 98-1171, eff. 6-1-15 .)
| ||||||
20 | (10 ILCS 5/1A-50 new) | ||||||
21 | Sec. 1A-50. The ERIC Operations Trust Fund. The ERIC | ||||||
22 | Operations Trust Fund (Trust Fund) is created as a | ||||||
23 | nonappropriated trust fund to be held outside of the State | ||||||
24 | treasury, with the State Treasurer as ex officio custodian. The | ||||||
25 | Trust Fund shall be financed by a combination of private |
| |||||||
| |||||||
1 | donations and by appropriations by the General Assembly. The | ||||||
2 | Board may accept from all sources, contributions, grants, | ||||||
3 | gifts, bequeaths, legacies of money, and securities to be | ||||||
4 | deposited into the Trust Fund. All deposits shall become part | ||||||
5 | of the Trust Fund corpus. Moneys in the Trust Fund are not | ||||||
6 | subject to appropriation and shall be used by the Board solely | ||||||
7 | for the costs and expenses related to the participation in the | ||||||
8 | Electronic Registration Information Center pursuant to this | ||||||
9 | Code. | ||||||
10 | All gifts, grants, assets, funds, or moneys received by the | ||||||
11 | Board for the purpose of participation in the Electronic | ||||||
12 | Registration Information Center shall be deposited and held in | ||||||
13 | the Trust Fund by the State Treasurer separate and apart from | ||||||
14 | all public moneys or funds of this State and shall be | ||||||
15 | administered by the Board exclusively for the purposes set | ||||||
16 | forth in this Section. All moneys in the Trust Fund shall be | ||||||
17 | invested and reinvested by the State Treasurer. All interest | ||||||
18 | accruing from these investments shall be deposited in the Trust | ||||||
19 | Fund. | ||||||
20 | The ERIC Operations Trust Fund is not subject to sweeps, | ||||||
21 | administrative charge-backs, or any other fiscal or budgetary | ||||||
22 | maneuver that would in any way transfer any amounts from the | ||||||
23 | ERIC Operations Trust Fund into any other fund of the State.
| ||||||
24 | (10 ILCS 5/4-8) (from Ch. 46, par. 4-8)
| ||||||
25 | Sec. 4-8. The county clerk shall provide a sufficient |
| |||||||
| |||||||
1 | number of blank
forms for the registration of electors, which | ||||||
2 | shall be known as
registration record cards and which shall | ||||||
3 | consist of loose leaf sheets
or cards, of suitable size to | ||||||
4 | contain in plain writing and figures the
data hereinafter | ||||||
5 | required thereon or shall consist of computer cards of
suitable | ||||||
6 | nature to contain the data required thereon. The registration | ||||||
7 | record
cards, which shall include an affidavit of registration | ||||||
8 | as hereinafter
provided, shall be executed in duplicate.
| ||||||
9 | The registration record card shall contain the following | ||||||
10 | and such
other information as the county clerk may think it | ||||||
11 | proper to require for
the identification of the applicant for | ||||||
12 | registration:
| ||||||
13 | Name. The name of the applicant, giving surname and first | ||||||
14 | or
Christian name in full, and the middle name or the initial | ||||||
15 | for such
middle name, if any.
| ||||||
16 | Sex.
| ||||||
17 | Residence. The name and number of the street, avenue, or | ||||||
18 | other location of
the dwelling, including the apartment, unit | ||||||
19 | or room number, if any, and in the
case of a mobile home the lot | ||||||
20 | number, and such additional clear and definite
description as | ||||||
21 | may be necessary to determine the exact location of the
| ||||||
22 | dwelling of the applicant. Where the location cannot be | ||||||
23 | determined by
street and number, then the section, | ||||||
24 | congressional township and range
number may be used, or such | ||||||
25 | other description as may be necessary,
including post-office | ||||||
26 | mailing address. In the case of a homeless individual,
the |
| |||||||
| |||||||
1 | individual's voting residence that is his or her mailing | ||||||
2 | address shall be
included on his or her registration record | ||||||
3 | card.
| ||||||
4 | Term of residence in the State of Illinois and precinct. | ||||||
5 | This
information shall be furnished by the applicant stating | ||||||
6 | the place or
places where he resided and the dates during which | ||||||
7 | he resided in such
place or places during the year next | ||||||
8 | preceding the date of the next
ensuing election.
| ||||||
9 | Nativity. The state or country in which the applicant was | ||||||
10 | born.
| ||||||
11 | Citizenship. Whether the applicant is native born or | ||||||
12 | naturalized. If
naturalized, the court, place, and date of | ||||||
13 | naturalization.
| ||||||
14 | Date of application for registration, i.e., the day, month | ||||||
15 | and year
when applicant presented himself for registration.
| ||||||
16 | Age. Date of birth, by month, day and year.
| ||||||
17 | Physical disability of the applicant, if any, at the time | ||||||
18 | of
registration, which would require assistance in voting.
| ||||||
19 | The county and state in which the applicant was last | ||||||
20 | registered.
| ||||||
21 | Electronic mail address, if any. | ||||||
22 | Signature of voter. The applicant, after the registration | ||||||
23 | and in the
presence of a deputy registrar or other officer of | ||||||
24 | registration shall be
required to sign his or her name in ink | ||||||
25 | or digitized form to the affidavit on both the
original and | ||||||
26 | duplicate registration record cards.
|
| |||||||
| |||||||
1 | Signature of deputy registrar or officer of registration.
| ||||||
2 | In case applicant is unable to sign his name, he may affix | ||||||
3 | his mark
to the affidavit. In such case the officer empowered | ||||||
4 | to give the
registration oath shall write a detailed | ||||||
5 | description of the applicant in
the space provided on the back | ||||||
6 | or at the bottom of the card or sheet;
and shall ask the | ||||||
7 | following questions and record the answers thereto:
| ||||||
8 | Father's first name.
| ||||||
9 | Mother's first name.
| ||||||
10 | From what address did the applicant last register?
| ||||||
11 | Reason for inability to sign name.
| ||||||
12 | Each applicant for registration shall make an affidavit in
| ||||||
13 | substantially the following form:
| ||||||
14 | AFFIDAVIT OF REGISTRATION
| ||||||
15 | STATE OF ILLINOIS
| ||||||
16 | COUNTY OF .......
| ||||||
17 | I hereby swear (or affirm) that I am a citizen of the | ||||||
18 | United States;
that on the date of the next election I shall | ||||||
19 | have resided in the State
of Illinois and in the election | ||||||
20 | precinct in which I reside 30 days and
that I intend that this | ||||||
21 | location shall be my residence; that
I am fully qualified to | ||||||
22 | vote, and that the above statements are true.
| ||||||
23 | ..............................
| ||||||
24 | (His or her signature or mark)
| ||||||
25 | Subscribed and sworn to before me on (insert date).
| ||||||
26 | ..................................
|
| |||||||
| |||||||
1 | Signature of registration officer.
| ||||||
2 | (To be signed in presence of registrant.)
| ||||||
3 | Space shall be provided upon the face of each registration | ||||||
4 | record
card for the notation of the voting record of the person | ||||||
5 | registered
thereon.
| ||||||
6 | Each registration record card shall be numbered according | ||||||
7 | to
precincts, and may be serially or otherwise marked for | ||||||
8 | identification in
such manner as the county clerk may | ||||||
9 | determine.
| ||||||
10 | The registration cards shall be deemed public records and | ||||||
11 | shall be
open to inspection during regular business hours, | ||||||
12 | except during the 27
days immediately preceding any election. | ||||||
13 | On written request of any
candidate or objector or any person | ||||||
14 | intending to object to a petition, the
election authority shall | ||||||
15 | extend its hours for inspection of registration
cards and other | ||||||
16 | records of the election authority during the period
beginning | ||||||
17 | with the filing of petitions under Sections 7-10, 8-8, 10-6 or
| ||||||
18 | 28-3 and continuing through the termination of electoral board | ||||||
19 | hearings on
any objections to petitions containing signatures | ||||||
20 | of registered voters in
the jurisdiction of the election | ||||||
21 | authority. The extension shall be for a
period of hours | ||||||
22 | sufficient to allow adequate opportunity for examination of
the | ||||||
23 | records but the election authority is not required to extend | ||||||
24 | its hours
beyond the period beginning at its normal opening for | ||||||
25 | business and ending
at midnight. If the business hours are so |
| |||||||
| |||||||
1 | extended, the election authority
shall post a public notice of | ||||||
2 | such extended hours. Registration record
cards may also be | ||||||
3 | inspected, upon approval of the officer in charge of the
cards, | ||||||
4 | during the 27 days immediately preceding any election.
| ||||||
5 | Registration
record cards shall also be open to inspection by | ||||||
6 | certified judges and poll
watchers and challengers at the | ||||||
7 | polling place on election day, but only to
the extent necessary | ||||||
8 | to determine the question of the right of a person to
vote or | ||||||
9 | to serve as a judge of election. At no time shall poll watchers | ||||||
10 | or
challengers be allowed to physically handle the registration | ||||||
11 | record cards.
| ||||||
12 | Updated copies of computer tapes or computer discs or other | ||||||
13 | electronic data
processing information containing voter | ||||||
14 | registration information shall
be furnished by the county clerk | ||||||
15 | within 10 days after December 15 and
May
15 each year and | ||||||
16 | within 10 days after each registration
period is closed to the | ||||||
17 | State Board of Elections in a form
prescribed by the
Board. For | ||||||
18 | the purposes of this Section, a registration period is closed | ||||||
19 | 27
days before the date of any regular or special election. | ||||||
20 | Registration
information shall include, but not be limited to, | ||||||
21 | the
following information: name, sex, residence, telephone | ||||||
22 | number, if any,
age, party affiliation, if applicable, | ||||||
23 | precinct, ward, township,
county, and representative, | ||||||
24 | legislative and
congressional districts. In the event of | ||||||
25 | noncompliance, the State
Board of Elections is directed to | ||||||
26 | obtain compliance forthwith with this
nondiscretionary duty of |
| |||||||
| |||||||
1 | the election authority by instituting legal
proceedings in the | ||||||
2 | circuit court of the county in which the election
authority | ||||||
3 | maintains the registration information. The costs of | ||||||
4 | furnishing
updated copies of tapes or discs shall be paid at a | ||||||
5 | rate of $.00034 per
name of registered voters in the election | ||||||
6 | jurisdiction, but not less than
$50 per tape or disc and shall | ||||||
7 | be paid from appropriations made to the
State Board of | ||||||
8 | Elections for reimbursement to the election authority for
such | ||||||
9 | purpose. The State Board shall furnish copies of such tapes, | ||||||
10 | discs, other
electronic data or compilations thereof to state | ||||||
11 | political committees
registered pursuant to the Illinois | ||||||
12 | Campaign Finance Act or the Federal
Election Campaign Act and | ||||||
13 | to governmental entities, at their request and at a reasonable | ||||||
14 | cost.
To protect the privacy and confidentiality of voter | ||||||
15 | registration information,
the disclosure
of electronic voter | ||||||
16 | registration records to any person or entity other than to a
| ||||||
17 | State or local political
committee and other than to a | ||||||
18 | governmental entity for a governmental
purpose is specifically | ||||||
19 | prohibited except as follows: subject to security measures | ||||||
20 | adopted by the State Board of Elections which, at a minimum, | ||||||
21 | shall include the keeping of a catalog or database, available | ||||||
22 | for public view, including the name, address, and telephone | ||||||
23 | number of the person viewing the list as well as the time of | ||||||
24 | that viewing, any person may view the centralized statewide | ||||||
25 | voter registration list on a computer screen at the Springfield | ||||||
26 | office of the State Board of Elections, during normal business |
| |||||||
| |||||||
1 | hours other than during the 27 days before an election, but the | ||||||
2 | person viewing the list under this exception may not print, | ||||||
3 | duplicate, transmit, or alter the list. Copies of
the tapes, | ||||||
4 | discs, or other electronic data shall be furnished by the | ||||||
5 | county
clerk to local political committees and governmental | ||||||
6 | entities at their request and at a
reasonable cost.
Reasonable | ||||||
7 | cost of the tapes, discs, et cetera for
this purpose would be | ||||||
8 | the cost of duplication plus 15% for
administration. The | ||||||
9 | individual representing a political committee
requesting | ||||||
10 | copies of such tapes shall make a sworn affidavit that the
| ||||||
11 | information shall be used only for bona fide political | ||||||
12 | purposes,
including by or for candidates for office or | ||||||
13 | incumbent office holders.
Such tapes, discs or other electronic | ||||||
14 | data shall not be used under any
circumstances by any political | ||||||
15 | committee or individuals for purposes of
commercial | ||||||
16 | solicitation or other business purposes. If such tapes
contain | ||||||
17 | information on county residents related to the operations of
| ||||||
18 | county government in addition to registration information, | ||||||
19 | that
information shall not be used under any circumstances for | ||||||
20 | commercial
solicitation or other business purposes. The | ||||||
21 | prohibition in this
Section against using the computer tapes or | ||||||
22 | computer discs or other
electronic data processing information | ||||||
23 | containing voter registration
information for purposes of | ||||||
24 | commercial solicitation or other business
purposes shall be | ||||||
25 | prospective only from the effective date of this
amended Act of | ||||||
26 | 1979. Any person who violates this provision shall be
guilty of |
| |||||||
| |||||||
1 | a Class 4 felony.
| ||||||
2 | The State Board of Elections shall promulgate, by October | ||||||
3 | 1, 1987, such
regulations as may be necessary to ensure | ||||||
4 | uniformity throughout the State
in electronic data processing | ||||||
5 | of voter registration information. The
regulations shall | ||||||
6 | include, but need not be limited to, specifications for
uniform | ||||||
7 | medium, communications protocol and file structure to be | ||||||
8 | employed
by the election authorities of this State in the | ||||||
9 | electronic data processing
of voter registration information. | ||||||
10 | Each election authority utilizing
electronic data processing | ||||||
11 | of voter registration information shall comply
with such | ||||||
12 | regulations on and after May 15, 1988.
| ||||||
13 | If the applicant for registration was last registered in | ||||||
14 | another
county within this State, he shall also sign a | ||||||
15 | certificate authorizing
cancellation of the former | ||||||
16 | registration. The certificate shall be in
substantially the | ||||||
17 | following form:
| ||||||
18 | To the County Clerk of.... County, Illinois. (or)
| ||||||
19 | To the Election Commission of the City of ...., Illinois.
| ||||||
20 | This is to certify that I am registered in your (county) | ||||||
21 | (city) and
that my residence was ............................
| ||||||
22 | Having moved out of your (county) (city), I hereby authorize | ||||||
23 | you to
cancel said registration in your office.
| ||||||
24 | Dated at ...., Illinois, on (insert date).
| ||||||
25 | .................................
| ||||||
26 | (Signature of Voter)
|
| |||||||
| |||||||
1 | Attest: ................, County Clerk, .............
| ||||||
2 | County, Illinois.
| ||||||
3 | The cancellation certificate shall be mailed immediately | ||||||
4 | by the
County Clerk to the County Clerk (or election commission | ||||||
5 | as the case may
be) where the applicant was formerly | ||||||
6 | registered. Receipt of such
certificate shall be full authority | ||||||
7 | for cancellation of any previous
registration.
| ||||||
8 | (Source: P.A. 98-115, eff. 10-1-13.)
| ||||||
9 | (10 ILCS 5/4-20) (from Ch. 46, par. 4-20)
| ||||||
10 | Sec. 4-20.
The original registration cards shall remain | ||||||
11 | permanently
in the office of the county clerk or election | ||||||
12 | authority except as destroyed as provided in
Section 4-5.01; | ||||||
13 | shall be filed alphabetically without regard to
precincts; and | ||||||
14 | shall be known as the master file. The master file may be kept | ||||||
15 | in a computer-based voter registration file or paper format, | ||||||
16 | provided a secondary digital back-up is kept off site. The | ||||||
17 | digital file shall be searchable and remain current with all | ||||||
18 | registration activity conducted by the county clerk or election | ||||||
19 | authority. The duplicate
registration cards shall constitute | ||||||
20 | the official registry of voters for
all elections subject to | ||||||
21 | the provisions of this Article 4, shall be
filed by precincts | ||||||
22 | alphabetically or geographically so as to correspond
with the | ||||||
23 | arrangement of the list for such precincts respectively,
| ||||||
24 | compiled pursuant to Section 4-11 of this Article, and shall be | ||||||
25 | known as
the precinct file. The duplicate cards for use in |
| |||||||
| |||||||
1 | conducting elections
shall be delivered to the judges of | ||||||
2 | election by the county clerk in a
suitable binder or other | ||||||
3 | device, which shall be locked and sealed in
accordance with the | ||||||
4 | directions to be given by the county clerk and shall
also be | ||||||
5 | suitably indexed for convenient use by the precinct officers. | ||||||
6 | The
duplicate cards
shall be delivered to the judges of
| ||||||
7 | election for use at the polls for elections at the same time as | ||||||
8 | the
official ballots are delivered to them, and shall be | ||||||
9 | returned to the
county clerk by the judges of election within | ||||||
10 | the time provided for the
return of the official ballots. The | ||||||
11 | county clerk shall determine the
manner of delivery and return | ||||||
12 | of such duplicate cards,
and shall at all other times retain | ||||||
13 | them at his office except for such
use of them as may be made | ||||||
14 | under this Article with respect to
registration not at the | ||||||
15 | office of the county clerk.
| ||||||
16 | (Source: P.A. 80-1469.)
| ||||||
17 | (10 ILCS 5/4-33)
| ||||||
18 | Sec. 4-33. Computerization of voter records.
| ||||||
19 | (a) The State Board of Elections shall design a | ||||||
20 | registration record card
that, except as otherwise provided in | ||||||
21 | this Section, shall be used in duplicate
by all election | ||||||
22 | authorities in the State adopting a computer-based voter
| ||||||
23 | registration file as provided in this Section. The Board shall | ||||||
24 | prescribe the
form
and specifications, including but not | ||||||
25 | limited to the weight of paper, color,
and print of the cards. |
| |||||||
| |||||||
1 | The cards shall contain boxes or spaces for the
information | ||||||
2 | required under Sections 4-8 and 4-21; provided that
the cards | ||||||
3 | shall also contain: (i) A space for a person to fill in his or | ||||||
4 | her
Illinois driver's license number if the person has a | ||||||
5 | driver's license; (ii) A
space for a person without a driver's | ||||||
6 | license to fill in the last four digits
of his or her social | ||||||
7 | security number if the person has a social security
number.
| ||||||
8 | (b) The election authority may develop and implement a | ||||||
9 | system
to prepare,
use, and maintain a computer-based voter | ||||||
10 | registration file that includes a
computer-stored image of the | ||||||
11 | signature of each voter. The computer-based voter
registration | ||||||
12 | file may be used for all purposes for which the original
| ||||||
13 | registration cards are to be used , provided that a system for | ||||||
14 | the storage of at
least one copy of the original registration | ||||||
15 | cards remains in effect .
In the case of voter registration | ||||||
16 | forms received via an online voter registration system, the | ||||||
17 | original registration cards will include the signature | ||||||
18 | received from the Secretary of State database. The electronic | ||||||
19 | file shall be the master file.
| ||||||
20 | (b-2) The election authority may develop and implement a | ||||||
21 | system to maintain registration cards in digital form using | ||||||
22 | digitized signatures, which may be stored in a computer-based | ||||||
23 | voter registration file under subsection (b) of this Section. | ||||||
24 | The making and signing of any form, including an application to | ||||||
25 | register and a certificate authorizing cancellation of a | ||||||
26 | registration or authorizing a transfer of registration may be |
| |||||||
| |||||||
1 | by a signature written in ink or by a digitized signature. | ||||||
2 | (c) Any system created, used, and maintained under | ||||||
3 | subsection
(b) of this
Section shall meet the following | ||||||
4 | standards:
| ||||||
5 | (1) Access to any computer-based voter registration | ||||||
6 | file shall be limited
to those persons authorized by the | ||||||
7 | election authority, and each access to the
computer-based | ||||||
8 | voter registration file, other than an access solely for
| ||||||
9 | inquiry, shall be recorded.
| ||||||
10 | (2) No copy, summary, list, abstract, or index of any | ||||||
11 | computer-based voter
registration file that includes any | ||||||
12 | computer-stored image of the signature of
any registered | ||||||
13 | voter shall be made available to the public outside of the
| ||||||
14 | offices of the election authority.
| ||||||
15 | (3) Any copy, summary, list, abstract, or index of any | ||||||
16 | computer-based
voter
registration file that includes a | ||||||
17 | computer-stored image of the signature of a
registered | ||||||
18 | voter shall be produced in such a manner that it cannot be
| ||||||
19 | reproduced.
| ||||||
20 | (4) Each person desiring to vote shall sign an | ||||||
21 | application for a ballot,
and the signature comparison | ||||||
22 | authorized in Articles 17 and 18 of this Code may
be made | ||||||
23 | to a copy of the computer-stored image of the signature of | ||||||
24 | the
registered voter.
| ||||||
25 | (5) Any voter list produced from a computer-based voter | ||||||
26 | registration file
that includes computer-stored images of |
| |||||||
| |||||||
1 | the signatures of registered voters and
is used in a | ||||||
2 | polling place during an election shall be preserved by the
| ||||||
3 | election authority in secure storage until the end of the | ||||||
4 | second calendar year
following the election in which it was | ||||||
5 | used.
| ||||||
6 | (d) Before the first election in which the election | ||||||
7 | authority
elects to use
a voter list produced from the | ||||||
8 | computer-stored images of the signatures of
registered voters | ||||||
9 | in a computer-based voter registration file for signature
| ||||||
10 | comparison in a polling place, the State Board of Elections | ||||||
11 | shall certify that
the system used by the election authority | ||||||
12 | complies with the standards set forth
in this Section. The | ||||||
13 | State Board of Elections may request a sample poll list
| ||||||
14 | intended to be used in a polling place to test the accuracy of | ||||||
15 | the list and the
adequacy of the computer-stored images of the | ||||||
16 | signatures of the registered
voters.
| ||||||
17 | (e) With respect to a jurisdiction that has copied all of | ||||||
18 | its
voter
signatures into a computer-based registration file, | ||||||
19 | all references in this Act
or any other Act to the use, other | ||||||
20 | than storage, of paper-based voter
registration records shall | ||||||
21 | be deemed to refer to their computer-based
equivalents.
| ||||||
22 | (f) Nothing in this Section prevents an election authority | ||||||
23 | from
submitting to the State Board of Elections a duplicate | ||||||
24 | copy of some, as the
State Board of Elections shall determine, | ||||||
25 | or all of the data contained in each
voter registration record | ||||||
26 | that is part of the electronic master file. The
duplicate copy |
| |||||||
| |||||||
1 | of the registration record shall be maintained by the State
| ||||||
2 | Board of Elections under the same terms and limitations | ||||||
3 | applicable to the
election authority and shall be of equal | ||||||
4 | legal dignity with the original
registration record maintained | ||||||
5 | by the election authority as proof of any fact
contained in the | ||||||
6 | voter registration record.
| ||||||
7 | (Source: P.A. 98-115, eff. 7-29-13.)
| ||||||
8 | (10 ILCS 5/5-7)
(from Ch. 46, par. 5-7)
| ||||||
9 | Sec. 5-7. The county clerk shall provide a sufficient | ||||||
10 | number of
blank forms for the registration of electors which | ||||||
11 | shall be known as
registration record cards and which shall | ||||||
12 | consist of loose leaf sheets
or cards, of suitable size to | ||||||
13 | contain in plain writing and figures the
data hereinafter | ||||||
14 | required thereon or shall consist of computer cards of
suitable | ||||||
15 | nature to contain the data required thereon. The registration
| ||||||
16 | record cards, which shall include an affidavit of registration | ||||||
17 | as
hereinafter provided, shall be executed in duplicate.
| ||||||
18 | The registration record card shall contain the following | ||||||
19 | and such
other information as the county clerk may think it | ||||||
20 | proper to require for
the identification of the applicant for | ||||||
21 | registration:
| ||||||
22 | Name. The name of the applicant, giving surname and first | ||||||
23 | or
Christian name in full, and the middle name or the initial | ||||||
24 | for such
middle name, if any.
| ||||||
25 | Sex.
|
| |||||||
| |||||||
1 | Residence. The name and number of the street, avenue, or | ||||||
2 | other
location of the dwelling, including the apartment, unit | ||||||
3 | or room number,
if any, and in the case of a mobile home the lot | ||||||
4 | number, and such additional
clear and definite description as | ||||||
5 | may be necessary to determine the exact
location of the | ||||||
6 | dwelling of the applicant, including post-office mailing
| ||||||
7 | address. In the case of a homeless individual, the individual's | ||||||
8 | voting
residence that is his or her mailing address shall be | ||||||
9 | included on his or her
registration record card.
| ||||||
10 | Term of residence in the State of Illinois and the | ||||||
11 | precinct. Which
questions may be answered by the applicant | ||||||
12 | stating, in excess of 30 days
in the State and in excess of 30 | ||||||
13 | days in the precinct.
| ||||||
14 | Nativity. The State or country in which the applicant was | ||||||
15 | born.
| ||||||
16 | Citizenship. Whether the applicant is native born or | ||||||
17 | naturalized. If
naturalized, the court, place and date of | ||||||
18 | naturalization.
| ||||||
19 | Date of application for registration, i.e., the day, month | ||||||
20 | and year
when applicant presented himself for registration.
| ||||||
21 | Age. Date of birth, by month, day and year.
| ||||||
22 | Physical disability of the applicant, if any, at the time | ||||||
23 | of
registration, which would require assistance in voting.
| ||||||
24 | The county and state in which the applicant was last | ||||||
25 | registered.
| ||||||
26 | Electronic mail address, if any. |
| |||||||
| |||||||
1 | Signature of voter. The applicant, after the registration | ||||||
2 | and in the
presence of a deputy registrar or other officer of | ||||||
3 | registration shall be
required to sign his or her name in ink | ||||||
4 | or digitized form to the affidavit on the original
and | ||||||
5 | duplicate registration record card.
| ||||||
6 | Signature of Deputy Registrar.
| ||||||
7 | In case applicant is unable to sign his name, he may affix | ||||||
8 | his mark
to the affidavit. In such case the officer empowered | ||||||
9 | to give the
registration oath shall write a detailed | ||||||
10 | description of the applicant in
the space provided at the | ||||||
11 | bottom of the card or sheet; and shall ask the
following | ||||||
12 | questions and record the answers thereto:
| ||||||
13 | Father's first name .......................
| ||||||
14 | Mother's first name .......................
| ||||||
15 | From what address did you last register?
| ||||||
16 | Reason for inability to sign name.
| ||||||
17 | Each applicant for registration shall make an affidavit in
| ||||||
18 | substantially the following form:
| ||||||
19 | AFFIDAVIT OF REGISTRATION
| ||||||
20 | State of Illinois)
| ||||||
21 | )ss
| ||||||
22 | County of )
| ||||||
23 | I hereby swear (or affirm) that I am a citizen of the | ||||||
24 | United States;
that on the date of the next election I shall | ||||||
25 | have resided in the State
of Illinois and in the election | ||||||
26 | precinct in which I reside 30 days; that
I am fully qualified |
| |||||||
| |||||||
1 | to vote. That I intend that this location shall be
my residence | ||||||
2 | and that the above statements are true.
| ||||||
3 | ..............................
| ||||||
4 | (His or her signature or mark)
| ||||||
5 | Subscribed and sworn to before me on (insert date).
| ||||||
6 | .........................................
| ||||||
7 | Signature of Registration Officer.
| ||||||
8 | (To be signed in presence of Registrant.)
| ||||||
9 | Space shall be provided upon the face of each registration | ||||||
10 | record
card for the notation of the voting record of the person | ||||||
11 | registered
thereon.
| ||||||
12 | Each registration record card shall be numbered according | ||||||
13 | to towns
and precincts, wards, cities and villages, as the case | ||||||
14 | may be, and may
be serially or otherwise marked for | ||||||
15 | identification in such manner as the
county clerk may | ||||||
16 | determine.
| ||||||
17 | The registration cards shall be deemed public records and | ||||||
18 | shall be
open to inspection during regular business hours, | ||||||
19 | except during the 27
days immediately preceding any election. | ||||||
20 | On written request of any
candidate or objector or any person | ||||||
21 | intending to object to a petition, the
election authority shall | ||||||
22 | extend its hours for inspection of registration
cards and other | ||||||
23 | records of the election authority during the period
beginning | ||||||
24 | with the filing of petitions under Sections 7-10, 8-8, 10-6 or
| ||||||
25 | 28-3 and continuing through the termination of electoral board |
| |||||||
| |||||||
1 | hearings on
any objections to petitions containing signatures | ||||||
2 | of registered voters in
the jurisdiction of the election | ||||||
3 | authority. The extension shall be for a
period of hours | ||||||
4 | sufficient to allow adequate opportunity for examination of
the | ||||||
5 | records but the election authority is not required to extend | ||||||
6 | its hours
beyond the period beginning at its normal opening for | ||||||
7 | business and ending
at midnight. If the business hours are so | ||||||
8 | extended, the election authority
shall post a public notice of | ||||||
9 | such extended hours. Registration record cards
may also be | ||||||
10 | inspected, upon approval of the officer in charge of the cards,
| ||||||
11 | during the 27 days immediately preceding any election. | ||||||
12 | Registration
record
cards shall also be open to inspection by | ||||||
13 | certified judges and poll watchers
and challengers at the | ||||||
14 | polling place on election day, but only to the extent
necessary | ||||||
15 | to determine the question of the right of a person to vote or | ||||||
16 | to
serve as a judge of election. At no time shall poll watchers | ||||||
17 | or challengers be
allowed to physically handle the registration | ||||||
18 | record cards.
| ||||||
19 | Updated copies of computer tapes or computer discs or other | ||||||
20 | electronic data
processing information containing voter | ||||||
21 | registration information shall
be furnished by the county clerk | ||||||
22 | within 10 days after December 15 and
May
15 each year and | ||||||
23 | within 10 days after each registration
period is closed to the | ||||||
24 | State Board of Elections in a form
prescribed by the
Board. For | ||||||
25 | the purposes of this Section, a registration period is closed | ||||||
26 | 27
days before the date of any regular or special election. |
| |||||||
| |||||||
1 | Registration
information
shall include, but not be limited to, | ||||||
2 | the
following information: name, sex, residence, telephone | ||||||
3 | number, if any, age,
party affiliation, if applicable, | ||||||
4 | precinct, ward, township, county, and
representative, | ||||||
5 | legislative and congressional districts. In the event of
| ||||||
6 | noncompliance, the State Board of Elections is directed to | ||||||
7 | obtain compliance
forthwith with this nondiscretionary duty of | ||||||
8 | the election authority by
instituting legal proceedings in the | ||||||
9 | circuit court of the county in which the
election authority | ||||||
10 | maintains the registration information. The costs of
| ||||||
11 | furnishing updated copies of tapes or discs shall be paid at a | ||||||
12 | rate of $.00034
per name of registered voters in the election | ||||||
13 | jurisdiction, but not less than
$50 per tape or disc and shall | ||||||
14 | be paid from appropriations made to the State
Board of | ||||||
15 | Elections for reimbursement to the election authority for such
| ||||||
16 | purpose. The State Board shall furnish copies of such tapes, | ||||||
17 | discs, other electronic
data or compilations thereof to state | ||||||
18 | political committees registered pursuant
to the Illinois | ||||||
19 | Campaign Finance Act or the Federal Election Campaign Act and | ||||||
20 | to governmental entities, at
their request and at a reasonable | ||||||
21 | cost.
To protect the privacy and confidentiality of voter | ||||||
22 | registration information,
the disclosure
of electronic voter | ||||||
23 | registration records to any person or entity other than to a
| ||||||
24 | State or local political
committee and other than to a | ||||||
25 | governmental entity for a governmental
purpose
is specifically | ||||||
26 | prohibited except as follows: subject to security measures |
| |||||||
| |||||||
1 | adopted by the State Board of Elections which, at a minimum, | ||||||
2 | shall include the keeping of a catalog or database, available | ||||||
3 | for public view, including the name, address, and telephone | ||||||
4 | number of the person viewing the list as well as the time of | ||||||
5 | that viewing, any person may view the centralized statewide | ||||||
6 | voter registration list on a computer screen at the Springfield | ||||||
7 | office of the State Board of Elections, during normal business | ||||||
8 | hours other than during the 27 days before an election, but the | ||||||
9 | person viewing the list under this exception may not print, | ||||||
10 | duplicate, transmit, or alter the list.
Copies of the tapes, | ||||||
11 | discs or other
electronic data shall be furnished by the county | ||||||
12 | clerk to local political
committees and governmental entities | ||||||
13 | at their request and at a reasonable cost. Reasonable cost of | ||||||
14 | the
tapes, discs, et cetera for this purpose would be the cost | ||||||
15 | of duplication plus
15% for administration. The individual | ||||||
16 | representing a political committee
requesting copies of such | ||||||
17 | tapes shall make a sworn affidavit that the
information shall | ||||||
18 | be used only for bona fide political purposes,
including by or | ||||||
19 | for candidates for office or incumbent office holders.
Such | ||||||
20 | tapes, discs or other electronic data shall not be used under | ||||||
21 | any
circumstances by any political committee or individuals for | ||||||
22 | purposes of
commercial solicitation or other business | ||||||
23 | purposes. If such tapes
contain information on county residents | ||||||
24 | related to the operations of
county government in addition to | ||||||
25 | registration information, that
information shall not be used | ||||||
26 | under any circumstances for commercial
solicitation or other |
| |||||||
| |||||||
1 | business purposes. The prohibition in this
Section against | ||||||
2 | using the computer tapes or computer discs or other
electronic | ||||||
3 | data processing information containing voter registration
| ||||||
4 | information for purposes of commercial solicitation or other | ||||||
5 | business
purposes shall be prospective only from the effective | ||||||
6 | date of this
amended Act of 1979. Any person who violates this | ||||||
7 | provision shall be
guilty of a Class 4 felony.
| ||||||
8 | The State Board of Elections shall promulgate, by October | ||||||
9 | 1, 1987, such
regulations as may be necessary to ensure | ||||||
10 | uniformity throughout the State
in electronic data processing | ||||||
11 | of voter registration information. The
regulations shall | ||||||
12 | include, but need not be limited to, specifications for
uniform | ||||||
13 | medium, communications protocol and file structure to be | ||||||
14 | employed
by the election authorities of this State in the | ||||||
15 | electronic data processing
of voter registration information. | ||||||
16 | Each election authority utilizing
electronic data processing | ||||||
17 | of voter registration information shall comply
with such | ||||||
18 | regulations on and after May 15, 1988.
| ||||||
19 | If the applicant for registration was last registered in | ||||||
20 | another
county within this State, he shall also sign a | ||||||
21 | certificate authorizing
cancellation of the former | ||||||
22 | registration. The certificate shall be in
substantially the | ||||||
23 | following form:
| ||||||
24 | To the County Clerk of .... County, Illinois. To the Election
| ||||||
25 | Commission of the City of ...., Illinois.
| ||||||
26 | This is to certify that I am registered in your (county) |
| |||||||
| |||||||
1 | (city) and
that my residence was .....
| ||||||
2 | Having moved out of your (county) (city), I hereby | ||||||
3 | authorize you to
cancel said registration in your office.
| ||||||
4 | Dated at .... Illinois, on (insert date).
| ||||||
5 | ....................
| ||||||
6 | (Signature of Voter)
| ||||||
7 | Attest ......, County Clerk, ........ County, Illinois.
| ||||||
8 | The cancellation certificate shall be mailed immediately | ||||||
9 | by the
county clerk to the county clerk (or election commission | ||||||
10 | as the case may
be) where the applicant was formerly | ||||||
11 | registered. Receipt of such
certificate shall be full authority | ||||||
12 | for cancellation of any previous
registration.
| ||||||
13 | (Source: P.A. 98-115, eff. 10-1-13.)
| ||||||
14 | (10 ILCS 5/5-28) (from Ch. 46, par. 5-28)
| ||||||
15 | Sec. 5-28.
The original registration record cards shall | ||||||
16 | remain permanently in
the office of the county clerk or | ||||||
17 | election authority except as destroyed as provided in
Section | ||||||
18 | 5-6; shall be filed alphabetically without regard to precincts;
| ||||||
19 | and shall be known as the master file. The master file may be | ||||||
20 | kept in a computer-based voter registration file or paper | ||||||
21 | format, provided a secondary digital back-up is kept off site. | ||||||
22 | The digital file shall be searchable and remain current with | ||||||
23 | all registration activity conducted by the county clerk or | ||||||
24 | election authority. The duplicate registration record
cards | ||||||
25 | shall constitute the official registry of voters for all |
| |||||||
| |||||||
1 | elections
and shall be filed by precincts and
townships. The | ||||||
2 | duplicate cards for use in conducting
elections shall be | ||||||
3 | delivered to the judges of election by the county
clerk in a | ||||||
4 | suitable binder or other device, which shall be locked and
| ||||||
5 | sealed in accordance with the directions to be given by the | ||||||
6 | county clerk
and shall also be suitably indexed for convenient | ||||||
7 | use by the precinct
officers. The precinct files shall be | ||||||
8 | delivered to the judges of
election for use at the polls for | ||||||
9 | elections at the same
time as the official ballots are | ||||||
10 | delivered to them, and shall be
returned to the county clerk by | ||||||
11 | the judges of election within the time
provided for the return | ||||||
12 | of the official ballots. The county clerk shall
determine the | ||||||
13 | manner of return and delivery of such file.
| ||||||
14 | (Source: P.A. 80-1469 .)
| ||||||
15 | (10 ILCS 5/5-43)
| ||||||
16 | Sec. 5-43. Computerization of voter records.
| ||||||
17 | (a) The State Board of Elections shall design a | ||||||
18 | registration record card
that, except as otherwise provided in | ||||||
19 | this Section, shall be used in duplicate
by all election | ||||||
20 | authorities in the State adopting a computer-based voter
| ||||||
21 | registration file as provided in this Section. The Board shall | ||||||
22 | prescribe the
form
and specifications, including but not | ||||||
23 | limited to the weight of paper, color,
and print of the cards. | ||||||
24 | The cards shall contain boxes or spaces for the
information | ||||||
25 | required under Sections 5-7 and 5-28.1; provided that
the cards |
| |||||||
| |||||||
1 | shall also contain: (i) A space for the person to fill in his | ||||||
2 | or
her Illinois driver's license number if the person has a | ||||||
3 | driver's license; (ii)
A space for a person without a driver's | ||||||
4 | license to fill in the last four digits
of his or her social | ||||||
5 | security number if the person has a social security
number.
| ||||||
6 | (b) The election authority may develop and implement a | ||||||
7 | system to
prepare,
use, and maintain a computer-based voter | ||||||
8 | registration file that includes a
computer-stored image of the | ||||||
9 | signature of each voter. The computer-based voter
registration | ||||||
10 | file may be used for all purposes for which the original
| ||||||
11 | registration cards are to be used , provided that a system for | ||||||
12 | the storage of at
least one copy of the original registration | ||||||
13 | cards remains in effect . In the case of voter registration | ||||||
14 | forms received via an online voter registration system, the | ||||||
15 | original registration cards will include the signature | ||||||
16 | received from the Secretary of State database. The
electronic | ||||||
17 | file shall be the master file.
| ||||||
18 | (b-2) The election authority may develop and implement a | ||||||
19 | system to maintain registration cards in digital form using | ||||||
20 | digitized signatures, which may be stored in a computer-based | ||||||
21 | voter registration file under subsection (b) of this Section. | ||||||
22 | The making and signing of any form, including an application to | ||||||
23 | register and a certificate authorizing cancellation of a | ||||||
24 | registration or authorizing a transfer of registration may be | ||||||
25 | by a signature written in ink or by a digitized signature. | ||||||
26 | (c) Any system created, used, and maintained under |
| |||||||
| |||||||
1 | subsection
(b) of this
Section shall meet the following | ||||||
2 | standards:
| ||||||
3 | (1) Access to any computer-based voter registration | ||||||
4 | file shall be limited
to those persons authorized by the | ||||||
5 | election authority, and each access to the
computer-based | ||||||
6 | voter registration file, other than an access solely for
| ||||||
7 | inquiry, shall be recorded.
| ||||||
8 | (2) No copy, summary, list, abstract, or index of any | ||||||
9 | computer-based voter
registration file that includes any | ||||||
10 | computer-stored image of the signature of
any registered | ||||||
11 | voter shall be made available to the public outside of the
| ||||||
12 | offices of the election authority.
| ||||||
13 | (3) Any copy, summary, list, abstract, or index of any | ||||||
14 | computer-based
voter
registration file that includes a | ||||||
15 | computer-stored image of the signature of a
registered | ||||||
16 | voter shall be produced in such a manner that it cannot be
| ||||||
17 | reproduced.
| ||||||
18 | (4) Each person desiring to vote shall sign an | ||||||
19 | application for a ballot,
and the signature comparison | ||||||
20 | authorized in Articles 17 and 18 of this Code may
be made | ||||||
21 | to a copy of the computer-stored image of the signature of | ||||||
22 | the
registered voter.
| ||||||
23 | (5) Any voter list produced from a computer-based voter | ||||||
24 | registration file
that includes computer-stored images of | ||||||
25 | the signatures of registered voters and
is used in a | ||||||
26 | polling place during an election shall be preserved by the
|
| |||||||
| |||||||
1 | election authority in secure storage until the end of the | ||||||
2 | second calendar year
following the election in which it was | ||||||
3 | used.
| ||||||
4 | (d) Before the first election in which the election | ||||||
5 | authority
elects to use
a voter list produced from the | ||||||
6 | computer-stored images of the signatures of
registered voters | ||||||
7 | in a computer-based voter registration file for signature
| ||||||
8 | comparison in a polling place, the State Board of Elections | ||||||
9 | shall certify that
the system used by the election authority | ||||||
10 | complies with the standards set forth
in this Section. The | ||||||
11 | State Board of Elections may request a sample poll list
| ||||||
12 | intended to be used in a polling place to test the accuracy of | ||||||
13 | the list and the
adequacy of the computer-stored images of the | ||||||
14 | signatures of the registered
voters.
| ||||||
15 | (e) With respect to a jurisdiction that has copied all of | ||||||
16 | its
voter
signatures into a computer-based registration file, | ||||||
17 | all references in this Act
or any other Act to the use, other | ||||||
18 | than storage, of paper-based voter
registration records shall | ||||||
19 | be deemed to refer to their computer-based
equivalents.
| ||||||
20 | (f) Nothing in this Section prevents an election authority | ||||||
21 | from
submitting to the State Board of Elections a duplicate | ||||||
22 | copy of some, as the
State Board of Elections shall determine, | ||||||
23 | or all of the data contained in each
voter registration record | ||||||
24 | that is part of the electronic master file. The
duplicate copy | ||||||
25 | of the registration record shall be maintained by the State
| ||||||
26 | Board of Elections under the same terms and limitations |
| |||||||
| |||||||
1 | applicable to the
election authority and shall be of equal | ||||||
2 | legal dignity with the original
registration record maintained | ||||||
3 | by the election authority as proof of any fact
contained in the | ||||||
4 | voter registration record.
| ||||||
5 | (Source: P.A. 98-115, eff. 7-29-13.)
| ||||||
6 | (10 ILCS 5/6-35) (from Ch. 46, par. 6-35)
| ||||||
7 | Sec. 6-35. The Boards of Election Commissioners shall | ||||||
8 | provide a
sufficient number of blank forms for the registration | ||||||
9 | of electors which
shall be known as registration record cards | ||||||
10 | and which shall consist of
loose leaf sheets or cards, of | ||||||
11 | suitable size to contain in plain writing
and figures the data | ||||||
12 | hereinafter required thereon or shall consist of computer
cards | ||||||
13 | of suitable nature to contain the data required thereon. The | ||||||
14 | registration
record cards, which shall include an affidavit of | ||||||
15 | registration as
hereinafter provided, shall be executed in | ||||||
16 | duplicate. The duplicate of
which may be a carbon copy of the | ||||||
17 | original or a copy of the original
made by the use of other | ||||||
18 | method or material used for making simultaneous
true copies or | ||||||
19 | duplications.
| ||||||
20 | The registration record card shall contain the following | ||||||
21 | and such
other information as the Board of Election | ||||||
22 | Commissioners may think it
proper to require for the | ||||||
23 | identification of the applicant for
registration:
| ||||||
24 | Name. The name of the applicant, giving surname and first | ||||||
25 | or
Christian name in full, and the middle name or the initial |
| |||||||
| |||||||
1 | for such
middle name, if any.
| ||||||
2 | Sex.
| ||||||
3 | Residence. The name and number of the street, avenue, or | ||||||
4 | other
location of the dwelling, including the apartment, unit | ||||||
5 | or room number,
if any, and in the case of a mobile home the lot | ||||||
6 | number, and such additional
clear and definite description as | ||||||
7 | may be necessary to determine the exact
location of the | ||||||
8 | dwelling of the applicant, including post-office mailing
| ||||||
9 | address. In the case of a homeless individual, the individual's | ||||||
10 | voting
residence that is his or her mailing address shall be | ||||||
11 | included on his or her
registration record card.
| ||||||
12 | Term of residence in the State of Illinois and the | ||||||
13 | precinct.
| ||||||
14 | Nativity. The state or country in which the applicant was | ||||||
15 | born.
| ||||||
16 | Citizenship. Whether the applicant is native born or | ||||||
17 | naturalized. If
naturalized, the court, place, and date of | ||||||
18 | naturalization.
| ||||||
19 | Date of application for registration, i.e., the day, month | ||||||
20 | and year
when the applicant presented himself for registration.
| ||||||
21 | Age. Date of birth, by month, day and year.
| ||||||
22 | Physical disability of the applicant, if any, at the time | ||||||
23 | of
registration, which would require assistance in voting.
| ||||||
24 | The county and state in which the applicant was last | ||||||
25 | registered.
| ||||||
26 | Electronic mail address, if any. |
| |||||||
| |||||||
1 | Signature of voter. The applicant, after registration and | ||||||
2 | in the
presence of a deputy registrar or other officer of | ||||||
3 | registration shall be
required to sign his or her name in ink | ||||||
4 | or digitized form to the affidavit on both the
original and the | ||||||
5 | duplicate registration record card.
| ||||||
6 | Signature of deputy registrar.
| ||||||
7 | In case applicant is unable to sign his name, he may affix | ||||||
8 | his mark
to the affidavit. In such case the registration | ||||||
9 | officer shall write a
detailed description of the applicant in | ||||||
10 | the space provided at the
bottom of the card or sheet; and | ||||||
11 | shall ask the following questions and
record the answers | ||||||
12 | thereto:
| ||||||
13 | Father's first name .........................
| ||||||
14 | Mother's first name .........................
| ||||||
15 | From what address did you last register? ....
| ||||||
16 | Reason for inability to sign name ...........
| ||||||
17 | Each applicant for registration shall make an affidavit in
| ||||||
18 | substantially the following form:
| ||||||
19 | AFFIDAVIT OF REGISTRATION
| ||||||
20 | State of Illinois )
| ||||||
21 | )ss
| ||||||
22 | County of ....... )
| ||||||
23 | I hereby swear (or affirm) that I am a citizen of the | ||||||
24 | United States,
that on the day of the next election I shall | ||||||
25 | have resided in the State
of Illinois and in the election | ||||||
26 | precinct 30 days and that I intend that
this location is my |
| |||||||
| |||||||
1 | residence; that I am fully qualified to
vote, and that the | ||||||
2 | above statements are true.
| ||||||
3 | ..............................
| ||||||
4 | (His or her signature or mark)
| ||||||
5 | Subscribed and sworn to before me on (insert date).
| ||||||
6 | ......................................
| ||||||
7 | Signature of registration officer
| ||||||
8 | (to be signed in presence of registrant).
| ||||||
9 | Space shall be provided upon the face of each registration | ||||||
10 | record
card for the notation of the voting record of the person | ||||||
11 | registered
thereon.
| ||||||
12 | Each registration record card shall be numbered according | ||||||
13 | to wards or
precincts, as the case may be, and may be serially | ||||||
14 | or otherwise marked
for identification in such manner as the | ||||||
15 | Board of Election Commissioners
may determine.
| ||||||
16 | The registration cards shall be deemed public records and | ||||||
17 | shall be
open to inspection during regular business hours, | ||||||
18 | except during the 27
days immediately preceding any election. | ||||||
19 | On written request of any
candidate or objector or any person | ||||||
20 | intending to object to a petition, the
election authority shall | ||||||
21 | extend its hours for inspection of registration
cards and other | ||||||
22 | records of the election authority during the period
beginning | ||||||
23 | with the filing of petitions under Sections 7-10, 8-8, 10-6 or
| ||||||
24 | 28-3 and continuing through the termination of electoral board | ||||||
25 | hearings on
any objections to petitions containing signatures | ||||||
26 | of registered voters in
the jurisdiction of the election |
| |||||||
| |||||||
1 | authority. The extension shall be for a
period of hours | ||||||
2 | sufficient to allow adequate opportunity for examination of
the | ||||||
3 | records but the election authority is not required to extend | ||||||
4 | its hours
beyond the period beginning at its normal opening for | ||||||
5 | business and ending
at midnight. If the business hours are so | ||||||
6 | extended, the election authority
shall post a public notice of | ||||||
7 | such extended hours. Registration record cards
may also be | ||||||
8 | inspected, upon approval of the officer in charge of the cards,
| ||||||
9 | during the 27 days immediately preceding any election. | ||||||
10 | Registration
record
cards shall also be open to inspection by | ||||||
11 | certified judges and poll watchers
and challengers at the | ||||||
12 | polling place on election day, but only to the extent
necessary | ||||||
13 | to determine the question of the right of a person to vote or | ||||||
14 | to
serve as a judge of election. At no time shall poll watchers | ||||||
15 | or challengers be
allowed to physically handle the registration | ||||||
16 | record cards.
| ||||||
17 | Updated copies of computer tapes or computer discs or other | ||||||
18 | electronic data
processing information containing voter | ||||||
19 | registration information shall
be furnished by the Board of | ||||||
20 | Election Commissioners within 10 days after
December 15 and May | ||||||
21 | 15 each year and within 10
days after each registration period | ||||||
22 | is closed to the State Board
of Elections in a
form prescribed | ||||||
23 | by the State Board. For the purposes of this Section, a
| ||||||
24 | registration period is closed 27 days before the date of any | ||||||
25 | regular
or special
election. Registration information shall
| ||||||
26 | include, but not be limited to, the following information: |
| |||||||
| |||||||
1 | name, sex,
residence, telephone number, if any, age, party | ||||||
2 | affiliation, if
applicable, precinct, ward, township, county, | ||||||
3 | and representative,
legislative and congressional districts. | ||||||
4 | In the event of noncompliance,
the State Board of Elections is | ||||||
5 | directed to obtain compliance forthwith
with this | ||||||
6 | nondiscretionary duty of the election authority by instituting
| ||||||
7 | legal proceedings in the circuit court of the county in which | ||||||
8 | the election
authority maintains the registration information. | ||||||
9 | The costs of furnishing
updated copies of tapes or discs shall | ||||||
10 | be paid at a rate of $.00034
per name of registered voters in | ||||||
11 | the election jurisdiction, but not less
than $50 per tape or | ||||||
12 | disc and shall be paid from appropriations made to the
State | ||||||
13 | Board of Elections for reimbursement to the election authority | ||||||
14 | for
such purpose. The State Board shall furnish copies of such | ||||||
15 | tapes, discs,
other electronic data or compilations thereof to | ||||||
16 | state political committees
registered pursuant to the Illinois | ||||||
17 | Campaign Finance Act or the Federal
Election Campaign Act and | ||||||
18 | to governmental entities, at their request and at a reasonable | ||||||
19 | cost.
To protect the privacy and confidentiality of voter | ||||||
20 | registration information,
the disclosure
of electronic voter | ||||||
21 | registration records to any person or entity other than to a
| ||||||
22 | State or local political
committee and other than to a | ||||||
23 | governmental entity for a governmental
purpose is specifically | ||||||
24 | prohibited except as follows: subject to security measures | ||||||
25 | adopted by the State Board of Elections which, at a minimum, | ||||||
26 | shall include the keeping of a catalog or database, available |
| |||||||
| |||||||
1 | for public view, including the name, address, and telephone | ||||||
2 | number of the person viewing the list as well as the time of | ||||||
3 | that viewing, any person may view the centralized statewide | ||||||
4 | voter registration list on a computer screen at the Springfield | ||||||
5 | office of the State Board of Elections, during normal business | ||||||
6 | hours other than during the 27 days before an election, but the | ||||||
7 | person viewing the list under this exception may not print, | ||||||
8 | duplicate, transmit, or alter the list.
Copies of the
tapes, | ||||||
9 | discs or other electronic data shall be furnished by the Board | ||||||
10 | of
Election Commissioners to local political committees and | ||||||
11 | governmental entities at their request and at a
reasonable | ||||||
12 | cost. Reasonable cost of the tapes, discs, et cetera for
this | ||||||
13 | purpose would be the cost of duplication plus 15% for
| ||||||
14 | administration. The individual representing a political | ||||||
15 | committee
requesting copies of such tapes shall make a sworn | ||||||
16 | affidavit that the
information shall be used only for bona fide | ||||||
17 | political purposes,
including by or for candidates for office | ||||||
18 | or incumbent office holders.
Such tapes, discs or other | ||||||
19 | electronic data shall not be used under any
circumstances by | ||||||
20 | any political committee or individuals for purposes of
| ||||||
21 | commercial solicitation or other business purposes. If such | ||||||
22 | tapes
contain information on county residents related to the | ||||||
23 | operations of
county government in addition to registration | ||||||
24 | information, that
information shall not be used under any | ||||||
25 | circumstances for commercial
solicitation or other business | ||||||
26 | purposes. The prohibition in this
Section against using the |
| |||||||
| |||||||
1 | computer tapes or computer discs or other
electronic data | ||||||
2 | processing information containing voter registration
| ||||||
3 | information for purposes of commercial solicitation or other | ||||||
4 | business
purposes shall be prospective only from the effective | ||||||
5 | date of this
amended Act of 1979. Any person who violates this | ||||||
6 | provision shall be
guilty of a Class 4 felony.
| ||||||
7 | The State Board of Elections shall promulgate, by October | ||||||
8 | 1, 1987, such
regulations as may be necessary to ensure | ||||||
9 | uniformity throughout the State
in electronic data processing | ||||||
10 | of voter registration information. The
regulations shall | ||||||
11 | include, but need not be limited to, specifications for
uniform | ||||||
12 | medium, communications protocol and file structure to be | ||||||
13 | employed
by the election authorities of this State in the | ||||||
14 | electronic data processing
of voter registration information. | ||||||
15 | Each election authority utilizing
electronic data processing | ||||||
16 | of voter registration information shall comply
with such | ||||||
17 | regulations on and after May 15, 1988.
| ||||||
18 | If the applicant for registration was last registered in | ||||||
19 | another
county within this State, he shall also sign a | ||||||
20 | certificate authorizing
cancellation of the former | ||||||
21 | registration. The certificate shall be in
substantially the | ||||||
22 | following form:
| ||||||
23 | To the County Clerk of .... County, Illinois.
| ||||||
24 | To the Election Commission of the City of ...., Illinois.
| ||||||
25 | This is to certify that I am registered in your (county) | ||||||
26 | (city) and
that my residence was ..... Having moved out of your |
| |||||||
| |||||||
1 | (county), (city), I
hereby authorize you to cancel that | ||||||
2 | registration in your office.
| ||||||
3 | Dated at ...., Illinois, on (insert date).
| ||||||
4 | ....................
| ||||||
5 | (Signature of Voter)
| ||||||
6 | Attest ...., Clerk, Election Commission of the City of....,
| ||||||
7 | Illinois.
| ||||||
8 | The cancellation certificate shall be mailed immediately | ||||||
9 | by the clerk
of the Election Commission to the county clerk, | ||||||
10 | (or Election Commission
as the case may be) where the applicant | ||||||
11 | was formerly registered. Receipt
of such certificate shall be | ||||||
12 | full authority for cancellation of any
previous registration.
| ||||||
13 | (Source: P.A. 98-115, eff. 10-1-13.)
| ||||||
14 | (10 ILCS 5/6-65) (from Ch. 46, par. 6-65)
| ||||||
15 | Sec. 6-65.
| ||||||
16 | The duplicate registration record cards shall remain | ||||||
17 | permanently in the
office of the Board of Election | ||||||
18 | Commissioners; shall be filed
alphabetically without regard to | ||||||
19 | wards or precincts; and shall be known as
the master file. The | ||||||
20 | master file may be kept in a computer-based voter registration | ||||||
21 | file or paper format, provided a secondary digital back-up is | ||||||
22 | kept off site. The digital file shall be searchable and remain | ||||||
23 | current with all registration activity conducted by the Board | ||||||
24 | of Election Commissioners. The original registration record | ||||||
25 | cards shall constitute
the official precinct registry of |
| |||||||
| |||||||
1 | voters; shall be filed by wards and
precincts; and shall be | ||||||
2 | known as the precinct file. The original cards
shall be | ||||||
3 | delivered to the judges of election by the Board of Election
| ||||||
4 | Commissioners in a suitable binder or other device, which shall | ||||||
5 | be locked
and sealed in accordance with directions to be given | ||||||
6 | by the Board of
Election Commissioners and shall also be | ||||||
7 | suitably indexed for convenient
use by the precinct officers. | ||||||
8 | The precinct files shall be delivered to the
precinct officers | ||||||
9 | for use at the polls, on the day of election and shall be
| ||||||
10 | returned to the Board of Election Commissioners immediately | ||||||
11 | after the close
of the polls. The board shall determine by | ||||||
12 | rules the manner of delivery and
return to such file. At all | ||||||
13 | other times the precinct file shall be retained
at the office | ||||||
14 | of the Board of Election Commissioners except for such use of
| ||||||
15 | it as may be made under this Article with respect to | ||||||
16 | registration not at
the office of the Board of Election | ||||||
17 | Commissioners.
| ||||||
18 | (Source: P.A. 78-934.)
| ||||||
19 | (10 ILCS 5/6-79)
| ||||||
20 | Sec. 6-79. Computerization of voter records.
| ||||||
21 | (a) The State Board of Elections shall design a | ||||||
22 | registration record card
that, except as otherwise provided in | ||||||
23 | this Section, shall be used in duplicate
by all election | ||||||
24 | authorities in the State adopting a computer-based voter
| ||||||
25 | registration file as provided in this Section. The Board shall |
| |||||||
| |||||||
1 | prescribe the
form
and specifications, including but not | ||||||
2 | limited to the weight of paper, color,
and print of the cards. | ||||||
3 | The cards shall contain boxes or spaces for the
information | ||||||
4 | required under Sections 6-31.1 and 6-35; provided
that
the | ||||||
5 | cards shall also contain: (i) A space for the person to fill in | ||||||
6 | his or
her Illinois driver's license number if the person has a | ||||||
7 | driver's license; (ii)
A space for a person without a driver's | ||||||
8 | license to fill in the last four digits
of his or her social | ||||||
9 | security number if the person has a social security
number.
| ||||||
10 | (b) The election authority may develop and implement a | ||||||
11 | system to
prepare,
use, and maintain a computer-based voter | ||||||
12 | registration file that includes a
computer-stored image of the | ||||||
13 | signature of each voter. The computer-based voter
registration | ||||||
14 | file may be used for all purposes for which the original
| ||||||
15 | registration cards are to be used , provided that a system for | ||||||
16 | the storage of at
least one copy of the original registration | ||||||
17 | cards remains in effect .
In the case of voter registration | ||||||
18 | forms received via an online voter registration system, the | ||||||
19 | original registration cards will include the signature | ||||||
20 | received from the Secretary of State database. The electronic | ||||||
21 | file shall be the master file.
| ||||||
22 | (b-2) The election authority may develop and implement a | ||||||
23 | system to maintain registration cards in digital form using | ||||||
24 | digitized signatures, which may be stored in a computer-based | ||||||
25 | voter registration file under subsection (b) of this Section. | ||||||
26 | The making and signing of any form, including an application to |
| |||||||
| |||||||
1 | register and a certificate authorizing cancellation of a | ||||||
2 | registration or authorizing a transfer of registration may be | ||||||
3 | by a signature written in ink or by a digitized signature. | ||||||
4 | (c) Any system created, used, and maintained under | ||||||
5 | subsection
(b) of this
Section shall meet the following | ||||||
6 | standards:
| ||||||
7 | (1) Access to any computer-based voter registration | ||||||
8 | file shall be limited
to those persons authorized by the | ||||||
9 | election authority, and each access to the
computer-based | ||||||
10 | voter registration file, other than an access solely for
| ||||||
11 | inquiry, shall be recorded.
| ||||||
12 | (2) No copy, summary, list, abstract, or index of any | ||||||
13 | computer-based voter
registration file that includes any | ||||||
14 | computer-stored image of the signature of
any registered | ||||||
15 | voter shall be made available to the public outside of the
| ||||||
16 | offices of the election authority.
| ||||||
17 | (3) Any copy, summary, list, abstract, or index of any | ||||||
18 | computer-based
voter
registration file that includes a | ||||||
19 | computer-stored image of the signature of a
registered | ||||||
20 | voter shall be produced in such a manner that it cannot be
| ||||||
21 | reproduced.
| ||||||
22 | (4) Each person desiring to vote shall sign an | ||||||
23 | application for a ballot,
and the signature comparison | ||||||
24 | authorized in Articles 17 and 18 of this Code may
be made | ||||||
25 | to a copy of the computer-stored image of the signature of | ||||||
26 | the
registered voter.
|
| |||||||
| |||||||
1 | (5) Any voter list produced from a computer-based voter | ||||||
2 | registration file
that includes computer-stored images of | ||||||
3 | the signatures of registered voters and
is used in a | ||||||
4 | polling place during an election shall be preserved by the
| ||||||
5 | election authority in secure storage until the end of the | ||||||
6 | second calendar year
following the election in which it was | ||||||
7 | used.
| ||||||
8 | (d) Before the first election in which the election | ||||||
9 | authority
elects to use
a voter list produced from the | ||||||
10 | computer-stored images of the signatures of
registered voters | ||||||
11 | in a computer-based voter registration file for signature
| ||||||
12 | comparison in a polling place, the State Board of Elections | ||||||
13 | shall certify that
the system used by the election authority | ||||||
14 | complies with the standards set forth
in this Section. The | ||||||
15 | State Board of Elections may request a sample poll list
| ||||||
16 | intended to be used in a polling place to test the accuracy of | ||||||
17 | the list and the
adequacy of the computer-stored images of the | ||||||
18 | signatures of the registered
voters.
| ||||||
19 | (e) With respect to a jurisdiction that has copied all of | ||||||
20 | its
voter
signatures into a computer-based registration file, | ||||||
21 | all references in this Act
or any other Act to the use, other | ||||||
22 | than storage, of paper-based voter
registration records shall | ||||||
23 | be deemed to refer to their computer-based
equivalents.
| ||||||
24 | (f) Nothing in this Section prevents an election authority | ||||||
25 | from
submitting to the State Board of Elections a duplicate | ||||||
26 | copy of some, as the
State Board of Elections shall determine, |
| |||||||
| |||||||
1 | or all of the data contained in each
voter registration record | ||||||
2 | that is part of the electronic master file. The
duplicate copy | ||||||
3 | of the registration record shall be maintained by the State
| ||||||
4 | Board of Elections under the same terms and limitations | ||||||
5 | applicable to the
election authority and shall be of equal | ||||||
6 | legal dignity with the original
registration record maintained | ||||||
7 | by the election authority as proof of any fact
contained in the | ||||||
8 | voter registration record.
| ||||||
9 | (Source: P.A. 98-115, eff. 7-29-13.)
| ||||||
10 | (10 ILCS 5/7-9) (from Ch. 46, par. 7-9)
| ||||||
11 | Sec. 7-9. County central committee; county and State | ||||||
12 | conventions.
| ||||||
13 | (a) On the 29th day next succeeding the primary at which
| ||||||
14 | committeemen are elected, the county central committee of each | ||||||
15 | political
party shall meet within the county and proceed to
| ||||||
16 | organize by electing from its own number a chairman and either | ||||||
17 | from its
own number, or otherwise, such other officers as such | ||||||
18 | committee may deem
necessary or expedient. Such meeting of the | ||||||
19 | county central committee
shall be known as the county | ||||||
20 | convention.
| ||||||
21 | The chairman of each county committee shall within 10 days | ||||||
22 | after the
organization, forward to the State Board of | ||||||
23 | Elections, the names and
post office addresses of the officers, | ||||||
24 | precinct committeemen and
representative committeemen elected | ||||||
25 | by his political party.
|
| |||||||
| |||||||
1 | The county convention of each political party shall choose | ||||||
2 | delegates
to the State convention of its party , if the party | ||||||
3 | chooses to hold a State convention ; but in any county having | ||||||
4 | within
its limits any city having a population of 200,000, or | ||||||
5 | over the
delegates from such city shall be chosen by wards, the | ||||||
6 | ward committeemen
from the respective wards choosing the number | ||||||
7 | of delegates to which such
ward is entitled on the basis | ||||||
8 | prescribed in paragraph (e) of this
Section such delegates to | ||||||
9 | be members of the delegation to the State
convention from such | ||||||
10 | county. In all counties containing a population of
2,000,000 or | ||||||
11 | more outside of cities having a population of 200,000 or
more, | ||||||
12 | the delegates from each of the townships or parts of townships | ||||||
13 | as
the case may be shall be chosen by townships or parts of | ||||||
14 | townships as
the case may be, the township committeemen from | ||||||
15 | the respective townships
or parts of townships as the case may | ||||||
16 | be choosing the number of
delegates to which such townships or | ||||||
17 | parts of townships as the case may
be are entitled, on the | ||||||
18 | basis prescribed in paragraph (e) of this
Section such | ||||||
19 | delegates to be members of the delegation to the State
| ||||||
20 | convention from such county.
| ||||||
21 | Each member of the State Central Committee of a political | ||||||
22 | party which
elects its members by Alternative B under paragraph | ||||||
23 | (a) of Section 7-8
shall be a delegate to the State Convention , | ||||||
24 | if the party chooses to hold a State convention , ex officio.
| ||||||
25 | Each member of the State Central Committee of a political | ||||||
26 | party which
elects its members by Alternative B under paragraph |
| |||||||
| |||||||
1 | (a) of Section 7-8 may
appoint 2 delegates to the State | ||||||
2 | Convention , if the party chooses to hold a State convention, | ||||||
3 | who must be residents of the
member's Congressional District.
| ||||||
4 | (b) State conventions may shall be held within 180 days | ||||||
5 | after the
general primary in the year 2000 and every 4 years | ||||||
6 | thereafter. In the year 1998, and every 4 years thereafter,
the | ||||||
7 | chairman of a State central committee may issue a call for a | ||||||
8 | State
convention within 180 days after the general primary.
| ||||||
9 | The State
convention of each political party , if the party | ||||||
10 | chooses to hold a State convention, has power to make
| ||||||
11 | nominations of candidates of its political party for the | ||||||
12 | electors of
President and Vice President of the United States, | ||||||
13 | and to adopt any party
platform, and, to the
extent determined | ||||||
14 | by the State central committee as provided in Section
7-14, to | ||||||
15 | choose and select delegates and alternate delegates at large to
| ||||||
16 | national nominating conventions. The State Central Committee | ||||||
17 | may adopt
rules to provide for and govern the procedures of the | ||||||
18 | State convention.
| ||||||
19 | (c) The chairman and secretary of each State convention , if | ||||||
20 | the party chooses to hold a State convention, shall,
within 2 | ||||||
21 | days thereafter, transmit to the State Board of Elections of
| ||||||
22 | this State a certificate setting forth the names and addresses | ||||||
23 | of all
persons nominated by such State convention for electors | ||||||
24 | of President and
Vice President of the United States, and of | ||||||
25 | any persons selected by the State
convention for
delegates and | ||||||
26 | alternate delegates at large to national nominating
|
| |||||||
| |||||||
1 | conventions; and the names of such candidates so chosen by such | ||||||
2 | State
convention for electors of President and Vice President | ||||||
3 | of the United
States, shall be caused by
the State Board of | ||||||
4 | Elections to be printed upon the official ballot at
the general | ||||||
5 | election, in the manner required by law, and shall be
certified | ||||||
6 | to the various county clerks of the proper counties in the
| ||||||
7 | manner as provided in Section 7-60 of this Article 7 for the | ||||||
8 | certifying
of the names of persons nominated by any party for | ||||||
9 | State offices. If and
as long as this Act prescribes that the | ||||||
10 | names of such electors be not
printed on the ballot, then the | ||||||
11 | names of such electors shall be
certified in such manner as may | ||||||
12 | be prescribed by the parts of this Act
applicable thereto.
| ||||||
13 | (d) Each convention , if the party chooses to hold a State | ||||||
14 | convention, may perform all other functions inherent to such
| ||||||
15 | political organization and not inconsistent with this Article.
| ||||||
16 | (e) At least 33 days before the date of a State convention , | ||||||
17 | if the party chooses to hold a State convention , the chairman | ||||||
18 | of the State central committee of each political
party shall | ||||||
19 | file in the principal office of the State Board of
Elections a | ||||||
20 | call for the State convention. Such call shall state, among
| ||||||
21 | other things, the time and place (designating the building or | ||||||
22 | hall) for
holding the State convention. Such call shall be | ||||||
23 | signed by the chairman
and attested by the secretary of the | ||||||
24 | committee. In such convention each
county shall be entitled to | ||||||
25 | one delegate for each 500 ballots voted by
the primary electors | ||||||
26 | of the party in such county at the primary to be
held next |
| |||||||
| |||||||
1 | after the issuance of such call; and if in such county, less
| ||||||
2 | than 500 ballots are so voted or if the number of ballots so | ||||||
3 | voted is
not exactly a multiple of 500, there shall be one | ||||||
4 | delegate for such
group which is less than 500, or for such | ||||||
5 | group representing the number
of votes over the multiple of | ||||||
6 | 500, which delegate shall have 1/500 of
one vote for each | ||||||
7 | primary vote so represented by him. The call for such
| ||||||
8 | convention shall set forth this paragraph (e) of Section 7-9 in | ||||||
9 | full and
shall direct that the number of delegates to be chosen | ||||||
10 | be calculated in
compliance herewith and that such number of | ||||||
11 | delegates be chosen.
| ||||||
12 | (f) All precinct, township and ward committeemen when | ||||||
13 | elected as
provided in this Section shall serve as though | ||||||
14 | elected at large
irrespective of any changes that may be made | ||||||
15 | in precinct, township or
ward boundaries and the voting | ||||||
16 | strength of each committeeman shall
remain as provided in this | ||||||
17 | Section for the entire time for which he is
elected.
| ||||||
18 | (g) The officers elected at any convention provided for in | ||||||
19 | this
Section shall serve until their successors are elected as | ||||||
20 | provided in
this Act.
| ||||||
21 | (h) A special meeting of any central committee may be | ||||||
22 | called by the
chairman, or by not less than 25% of the members | ||||||
23 | of such committee, by
giving 5 days notice to members of such | ||||||
24 | committee in writing designating
the time and place at which | ||||||
25 | such special meeting is to be held and the
business which it is | ||||||
26 | proposed to present at such special meeting.
|
| |||||||
| |||||||
1 | (i) Except as otherwise provided in this Act, whenever a | ||||||
2 | vacancy
exists in the office of precinct committeeman because | ||||||
3 | no one was elected
to that office or because the precinct | ||||||
4 | committeeman ceases to reside in
the precinct or for any other | ||||||
5 | reason, the chairman of the county
central committee of the | ||||||
6 | appropriate political party may fill the
vacancy in such office | ||||||
7 | by appointment of a qualified resident of the
county and the | ||||||
8 | appointed precinct committeeman shall serve as though
elected; | ||||||
9 | however, no such appointment may be made between the general
| ||||||
10 | primary election and the 30th day after the general primary | ||||||
11 | election.
| ||||||
12 | (j) If the number of Congressional Districts in the State | ||||||
13 | of Illinois
is reduced as a result of reapportionment of | ||||||
14 | Congressional Districts
following a federal decennial census, | ||||||
15 | the State Central Committeemen and
Committeewomen of a | ||||||
16 | political
party which elects its State Central
Committee by | ||||||
17 | either Alternative A or by Alternative B under paragraph (a)
of | ||||||
18 | Section 7-8 who were
previously elected shall continue to serve | ||||||
19 | as if no reapportionment had
occurred until the expiration of | ||||||
20 | their terms.
| ||||||
21 | (Source: P.A. 93-847, eff. 7-30-04.)
| ||||||
22 | (10 ILCS 5/9-3) (from Ch. 46, par. 9-3) | ||||||
23 | Sec. 9-3. Political committee statement of organization. | ||||||
24 | (a) Every political committee shall file with the State | ||||||
25 | Board of Elections a
statement of organization within 10 |
| |||||||
| |||||||
1 | business days of the creation of
such
committee, except any | ||||||
2 | political committee created within the 30 days before
an
| ||||||
3 | election shall file a statement of organization within 2 | ||||||
4 | business days in person, by facsimile transmission, or by | ||||||
5 | electronic mail. Any change in information previously | ||||||
6 | submitted in a statement of organization shall be reported, as | ||||||
7 | required for the original statement of organization by this | ||||||
8 | Section, within 10 days following that change. A
political | ||||||
9 | committee that acts as both a state political
committee and a | ||||||
10 | local political committee shall file a copy of each
statement | ||||||
11 | of organization with the State Board of Elections and the
| ||||||
12 | county clerk.
The Board shall impose a civil penalty of $50 per | ||||||
13 | business day upon political
committees for failing to file or | ||||||
14 | late filing of a statement of organization. Such penalties | ||||||
15 | shall not
exceed $5,000, and shall not exceed $10,000 for | ||||||
16 | statewide office political
committees.
There shall be no fine | ||||||
17 | if the statement is mailed and postmarked at least 72
hours | ||||||
18 | prior to the filing deadline.
| ||||||
19 | In addition to the civil penalties authorized by this | ||||||
20 | Section, the State
Board of Elections or any other political | ||||||
21 | committee may apply to the
circuit court for a temporary | ||||||
22 | restraining
order or a preliminary or permanent injunction | ||||||
23 | against the political committee
to cease the expenditure of | ||||||
24 | funds and to cease operations until the statement
of | ||||||
25 | organization is filed.
| ||||||
26 | For the purpose of this Section,
"statewide office" means |
| |||||||
| |||||||
1 | the Governor, Lieutenant Governor, Secretary of State,
| ||||||
2 | Attorney General, State Treasurer, and State Comptroller.
| ||||||
3 | (b) The statement of organization shall include:
| ||||||
4 | (1) the name
and address of the political committee and | ||||||
5 | the designation required by Section 9-2;
| ||||||
6 | (2) the scope, area of activity, party affiliation, and | ||||||
7 | purposes of the political
committee;
| ||||||
8 | (3) the name, address, and position of each custodian | ||||||
9 | of the
committee's books and accounts;
| ||||||
10 | (4) the name, address, and position of the committee's | ||||||
11 | principal
officers, including the chairman, treasurer, and | ||||||
12 | officers and members of
its finance committee, if any;
| ||||||
13 | (5) the name and address of any sponsoring entity;
| ||||||
14 | (6) a statement of what specific disposition of | ||||||
15 | residual fund will
be made in the event of the dissolution | ||||||
16 | or
termination of the committee;
| ||||||
17 | (7) a listing of all banks or other financial | ||||||
18 | institutions, safety
deposit boxes, and any other | ||||||
19 | repositories or custodians of funds used by
the committee; | ||||||
20 | and
| ||||||
21 | (8) the amount of funds available for campaign | ||||||
22 | expenditures as of
the filing date of the committee's | ||||||
23 | statement of organization.
| ||||||
24 | For purposes of this Section, a "sponsoring entity" is (i) | ||||||
25 | any person,
organization, corporation, or association that | ||||||
26 | contributes
at least 33% of the total funding of the political |
| |||||||
| |||||||
1 | committee or (ii) any person
or other entity that is registered | ||||||
2 | or is required to register under the
Lobbyist Registration Act | ||||||
3 | and contributes at least 33% of the total funding of
the | ||||||
4 | political committee.
| ||||||
5 | (c) Each statement of organization required to be
filed in | ||||||
6 | accordance with this Section shall be verified, dated, and | ||||||
7 | signed
by either the treasurer of the political committee | ||||||
8 | making the statement or
the candidate on whose behalf the | ||||||
9 | statement is made and shall contain
substantially the following | ||||||
10 | verification: | ||||||
11 | "VERIFICATION: | ||||||
12 | I declare that this statement of organization (including | ||||||
13 | any
accompanying schedules and statements) has been examined by | ||||||
14 | me and, to the
best of my knowledge and belief, is a true, | ||||||
15 | correct, and complete statement
of organization as required by | ||||||
16 | Article 9 of the Election Code. I understand
that willfully | ||||||
17 | filing a false or incomplete statement is
subject to a civil | ||||||
18 | penalty of at least $1,001 and up to $5,000. | ||||||
19 | ................ ..........................................
| ||||||
20 | (date of filing) (signature of person making the statement)". | ||||||
21 | (d) The statement of organization for a ballot initiative | ||||||
22 | committee also shall include a verification signed by the | ||||||
23 | chairperson of the committee that (i) the committee is formed | ||||||
24 | for the purpose of supporting or opposing a question of public | ||||||
25 | policy, (ii) all contributions and expenditures of the | ||||||
26 | committee will be used for the purpose described in the |
| |||||||
| |||||||
1 | statement of organization, (iii) the committee may accept | ||||||
2 | unlimited contributions from any source, provided that the | ||||||
3 | ballot initiative committee does not make contributions or | ||||||
4 | expenditures in support of or opposition to a candidate or | ||||||
5 | candidates for nomination for election, election, or | ||||||
6 | retention, and (iv) failure to abide by these requirements | ||||||
7 | shall deem the committee in violation of this Article. | ||||||
8 | (d-5) The statement of organization for an independent | ||||||
9 | expenditure committee also shall include a verification signed | ||||||
10 | by the chairperson of the committee that (i) the committee is | ||||||
11 | formed for the exclusive purpose of making independent | ||||||
12 | expenditures, (ii) all contributions and expenditures of the | ||||||
13 | committee will be used for the purpose described in the | ||||||
14 | statement of organization, (iii) the committee may accept | ||||||
15 | unlimited contributions from any source, provided that the | ||||||
16 | independent expenditure committee does not make contributions | ||||||
17 | to any candidate political committee, political party | ||||||
18 | committee, or political action committee, and (iv) failure to | ||||||
19 | abide by these requirements shall deem the committee in | ||||||
20 | violation of this Article. | ||||||
21 | (e) For purposes of implementing the changes made by this | ||||||
22 | amendatory Act of the 96th General Assembly, every political | ||||||
23 | committee in existence on the effective date of this amendatory | ||||||
24 | Act of the 96th General Assembly shall file the statement | ||||||
25 | required by this Section with the Board by December 31, 2010. | ||||||
26 | (Source: P.A. 96-832, eff. 7-1-10; 97-766, eff. 7-6-12.)
|
| |||||||
| |||||||
1 | (10 ILCS 5/10-6) (from Ch. 46, par. 10-6)
| ||||||
2 | Sec. 10-6. Time and manner of filing. Certificates
of
| ||||||
3 | nomination and nomination papers for the nomination of | ||||||
4 | candidates for
offices to be filled by electors of the entire | ||||||
5 | State, or any district
not entirely within a county, or for | ||||||
6 | congressional, state legislative or
judicial offices, shall be | ||||||
7 | presented to the principal office of the
State Board of | ||||||
8 | Elections not more than 141 nor less than 134
days previous
to | ||||||
9 | the day of election for which the candidates are nominated. The
| ||||||
10 | State Board of Elections shall endorse the certificates of | ||||||
11 | nomination or
nomination papers, as the case may be, and the | ||||||
12 | date and hour of
presentment to it. Except as otherwise | ||||||
13 | provided in this section, all
other certificates for the | ||||||
14 | nomination of candidates shall be filed with
the county clerk | ||||||
15 | of the respective counties not more than 141 but at
least 134 | ||||||
16 | days previous to the day of such election. Certificates of | ||||||
17 | nomination and nomination papers for the nomination of | ||||||
18 | candidates for school district offices to be filled at | ||||||
19 | consolidated elections shall be filed with the county clerk or | ||||||
20 | county board of election commissioners of the county election | ||||||
21 | authority in which the principal office of the school district | ||||||
22 | is located not more than 113 nor less than 106 days before the | ||||||
23 | consolidated election. Certificates
of
nomination and | ||||||
24 | nomination papers for the nomination of candidates for
the | ||||||
25 | other offices of political subdivisions to be filled at regular |
| |||||||
| |||||||
1 | elections
other than the general election shall be filed with | ||||||
2 | the local election
official of such subdivision:
| ||||||
3 | (1) (Blank);
| ||||||
4 | (2) not more than 113 nor less than 106 days prior to | ||||||
5 | the
consolidated
election; or
| ||||||
6 | (3) not more than 113 nor less than 106 days prior to | ||||||
7 | the general
primary in the case of municipal offices to be | ||||||
8 | filled at the general
primary election; or
| ||||||
9 | (4) not more than 99 nor less than 92 days before the
| ||||||
10 | consolidated
primary in the case of municipal offices to be | ||||||
11 | elected on a nonpartisan
basis pursuant to law (including | ||||||
12 | without limitation, those municipal
offices subject to | ||||||
13 | Articles 4 and 5 of the Municipal Code); or
| ||||||
14 | (5) not more than 113 nor less than 106 days before the | ||||||
15 | municipal
primary in even numbered years for such | ||||||
16 | nonpartisan municipal offices
where annual elections are | ||||||
17 | provided; or
| ||||||
18 | (6) in the case of petitions for the office of | ||||||
19 | multi-township assessor,
such petitions shall be filed | ||||||
20 | with the election authority not more than
113 nor less than | ||||||
21 | 106 days before the consolidated election.
| ||||||
22 | However, where a political subdivision's boundaries are | ||||||
23 | co-extensive
with or are entirely within the jurisdiction of a | ||||||
24 | municipal board of
election commissioners, the certificates of | ||||||
25 | nomination and nomination
papers for candidates for such | ||||||
26 | political subdivision offices shall be filed
in the office of |
| |||||||
| |||||||
1 | such Board.
| ||||||
2 | (Source: P.A. 98-691, eff. 7-1-14.)
| ||||||
3 | (10 ILCS 5/19-3) (from Ch. 46, par. 19-3) | ||||||
4 | Sec. 19-3. The
application for vote by mail ballot shall be | ||||||
5 | substantially in the
following form: | ||||||
6 | APPLICATION FOR VOTE BY MAIL BALLOT | ||||||
7 | To be voted at the .... election in the County of .... and | ||||||
8 | State of
Illinois, in the .... precinct of the (1) *township of | ||||||
9 | .... (2) *City of
.... or (3) *.... ward in the City of .... | ||||||
10 | I state that I am a resident of the .... precinct of the | ||||||
11 | (1)
*township of .... (2) *City of .... or (3) *.... ward in | ||||||
12 | the city of
.... residing at .... in such city or town in the | ||||||
13 | county of .... and
State of Illinois; that I have lived at such | ||||||
14 | address for .... month(s)
last past; that I am lawfully | ||||||
15 | entitled to vote in such precinct at the
.... election to be | ||||||
16 | held therein on ....; and that I wish to vote by vote by mail | ||||||
17 | ballot. | ||||||
18 | I hereby make application for an official ballot or ballots | ||||||
19 | to be
voted by me at such election, and I agree that I shall | ||||||
20 | return such ballot or ballots to the
official issuing the same | ||||||
21 | prior to the closing of the polls on the date
of the election | ||||||
22 | or, if returned by mail, postmarked no later than midnight | ||||||
23 | preceding election day, for counting no later than during the | ||||||
24 | period for counting provisional ballots, the last day of which | ||||||
25 | is the 14th day following election day. |
| |||||||
| |||||||
1 | I understand that this application is made for an official | ||||||
2 | vote by mail ballot or ballots to be voted by me at the | ||||||
3 | election specified in this application and that I must submit a | ||||||
4 | separate application for an official vote by mail ballot or | ||||||
5 | ballots to be voted by me at any subsequent election. | ||||||
6 | Under penalties as provided by law pursuant to Section | ||||||
7 | 29-10 of The
Election Code, the undersigned certifies that the | ||||||
8 | statements set forth
in this application are true and correct. | ||||||
9 | .... | ||||||
10 | *fill in either (1), (2) or (3). | ||||||
11 | Post office address to which ballot is mailed: | ||||||
12 | ............... | ||||||
13 | However, if application is made for a primary election | ||||||
14 | ballot, such
application shall require the applicant to | ||||||
15 | designate the name of the political party with which
the | ||||||
16 | applicant is affiliated. | ||||||
17 | If application is made electronically, the applicant shall | ||||||
18 | mark the box associated with the above described statement | ||||||
19 | included as part of the online application certifying that the | ||||||
20 | statements set forth in this application are true and correct, | ||||||
21 | and a signature is not required. | ||||||
22 | Any person may produce, reproduce, distribute, or return to | ||||||
23 | an election authority the application for vote by mail ballot. | ||||||
24 | Upon receipt, the appropriate election authority shall accept | ||||||
25 | and promptly process any application for vote by mail ballot | ||||||
26 | submitted in a form substantially similar to that required by |
| |||||||
| |||||||
1 | this Section, including any substantially similar production | ||||||
2 | or reproduction generated by the applicant. | ||||||
3 | (Source: P.A. 97-766, eff. 7-6-12; 98-115, eff. 7-29-13; | ||||||
4 | 98-1171, eff. 6-1-15 .)
| ||||||
5 | (10 ILCS 5/19-4)
(from Ch. 46, par. 19-4)
| ||||||
6 | Sec. 19-4. Mailing or delivery of ballots; time. | ||||||
7 | Immediately upon
the receipt of such application either by mail | ||||||
8 | or electronic means, not more than 90 days
nor less than 5 days | ||||||
9 | prior to such election, or by personal delivery not
more than | ||||||
10 | 90 days nor less than one day prior to such election, at the
| ||||||
11 | office of such election authority, it shall be the duty of such | ||||||
12 | election
authority to examine the records to ascertain whether | ||||||
13 | or not such
applicant is lawfully entitled to vote as
| ||||||
14 | requested, including a verification of the applicant's | ||||||
15 | signature by comparison with the signature on the official | ||||||
16 | registration record card, and if found so to be entitled to | ||||||
17 | vote, to post within one business day thereafter
the name, | ||||||
18 | street address,
ward and precinct number or township and | ||||||
19 | district number, as the case may be,
of such applicant given on | ||||||
20 | a list, the pages of which are to be numbered
consecutively to | ||||||
21 | be kept by such election authority for such purpose in a
| ||||||
22 | conspicuous, open and public place accessible to the public at | ||||||
23 | the entrance of
the office of such election authority, and in | ||||||
24 | such a manner that such list may
be viewed without necessity of | ||||||
25 | requesting permission therefor. Within one
day after posting |
| |||||||
| |||||||
1 | the name and other information of an applicant for a vote by | ||||||
2 | mail
ballot, the election authority shall transmit by | ||||||
3 | electronic means pursuant to a process established by the State | ||||||
4 | Board of Elections that name and other
posted information to | ||||||
5 | the State Board of Elections, which shall maintain those
names | ||||||
6 | and other information in an electronic format on its website, | ||||||
7 | arranged by
county and accessible to State and local political | ||||||
8 | committees. Within 2
business days after posting a name and | ||||||
9 | other information on the list within
its
office, but no sooner | ||||||
10 | than 40 days before an election, the election authority shall | ||||||
11 | mail,
postage prepaid, or deliver in person in such office an | ||||||
12 | official ballot
or ballots if more than one are to be voted at | ||||||
13 | said election. Mail delivery
of Temporarily Absent Student | ||||||
14 | ballot applications pursuant to Section
19-12.3 shall be by | ||||||
15 | nonforwardable mail. However,
for the consolidated election, | ||||||
16 | vote by mail ballots for certain precincts may
be delivered to | ||||||
17 | applicants not less than 25 days before the election if
so much | ||||||
18 | time is required to have prepared and printed the ballots | ||||||
19 | containing
the names of persons nominated for offices at the | ||||||
20 | consolidated primary.
The election authority shall enclose | ||||||
21 | with each vote by mail ballot or
application written | ||||||
22 | instructions on how voting assistance shall be provided
| ||||||
23 | pursuant to Section 17-14 and a document, written and approved | ||||||
24 | by the State
Board of Elections, informing the vote by mail | ||||||
25 | voter of the required postage for returning the application and | ||||||
26 | ballot, and
enumerating
the circumstances under which a person |
| |||||||
| |||||||
1 | is authorized to vote by vote by mail
ballot pursuant to this | ||||||
2 | Article; such document shall also include a
statement informing | ||||||
3 | the applicant that if he or she falsifies or is
solicited by | ||||||
4 | another to falsify his or her
eligibility to cast a vote by | ||||||
5 | mail ballot, such applicant or other is subject
to
penalties | ||||||
6 | pursuant to Section 29-10 and Section 29-20 of the Election | ||||||
7 | Code.
Each election authority shall maintain a list of the | ||||||
8 | name, street address,
ward and
precinct, or township and | ||||||
9 | district number, as the case may be, of all
applicants who have | ||||||
10 | returned vote by mail ballots to such authority, and the name | ||||||
11 | of such vote by mail voter shall be added to such list
within | ||||||
12 | one business day from receipt of such ballot.
If the vote by | ||||||
13 | mail ballot envelope indicates that the voter was assisted in
| ||||||
14 | casting the ballot, the name of the person so assisting shall | ||||||
15 | be included on
the list. The list, the pages of which are to be | ||||||
16 | numbered consecutively,
shall be kept by each election | ||||||
17 | authority in a conspicuous, open, and public
place accessible | ||||||
18 | to the public at the entrance of the office of the election
| ||||||
19 | authority and in a manner that the list may be viewed without | ||||||
20 | necessity of
requesting permission for viewing.
| ||||||
21 | Each election authority shall maintain a list for each | ||||||
22 | election
of the
voters to whom it has issued vote by mail | ||||||
23 | ballots. The list shall be
maintained for each precinct within | ||||||
24 | the jurisdiction of the election
authority. Prior to the | ||||||
25 | opening of the polls on election day, the
election authority | ||||||
26 | shall deliver to the judges of election in each
precinct the |
| |||||||
| |||||||
1 | list of registered voters in that precinct to whom vote by mail
| ||||||
2 | ballots have been issued by mail.
| ||||||
3 | Each election authority shall maintain a list for each | ||||||
4 | election of
voters to whom it has issued temporarily absent | ||||||
5 | student ballots. The list
shall be maintained for each election | ||||||
6 | jurisdiction within which such voters
temporarily abide. | ||||||
7 | Immediately after the close of the period during which
| ||||||
8 | application may be made by mail or electronic means for vote by | ||||||
9 | mail ballots, each election
authority shall mail to each other | ||||||
10 | election authority within the State a
certified list of all | ||||||
11 | such voters temporarily abiding within the
jurisdiction of the | ||||||
12 | other election authority.
| ||||||
13 | In the event that the return address of an
application for | ||||||
14 | ballot by a physically incapacitated elector
is that of a | ||||||
15 | facility licensed or certified under the Nursing Home Care
Act, | ||||||
16 | the Specialized Mental Health Rehabilitation Act of 2013, the | ||||||
17 | ID/DD Community Care Act, or the MC/DD Act, within the | ||||||
18 | jurisdiction of the election authority, and the applicant
is a | ||||||
19 | registered voter in the precinct in which such facility is | ||||||
20 | located,
the ballots shall be prepared and transmitted to a | ||||||
21 | responsible judge of
election no later than 9 a.m. on the | ||||||
22 | Friday, Saturday, Sunday , or Monday immediately
preceding the | ||||||
23 | election as designated by the election authority under
Section | ||||||
24 | 19-12.2. Such judge shall deliver in person on the designated | ||||||
25 | day
the ballot to the applicant on the premises of the facility | ||||||
26 | from which
application was made. The election authority shall |
| |||||||
| |||||||
1 | by mail notify the
applicant in such facility that the ballot | ||||||
2 | will be delivered by a judge of
election on the designated day.
| ||||||
3 | All applications for vote by mail ballots shall be | ||||||
4 | available at the office
of the election authority for public | ||||||
5 | inspection upon request from the
time of receipt thereof by the | ||||||
6 | election authority until 30 days after the
election, except | ||||||
7 | during the time such applications are kept in the
office of the | ||||||
8 | election authority pursuant to Section 19-7, and except during
| ||||||
9 | the time such applications are in the possession of the judges | ||||||
10 | of election.
| ||||||
11 | (Source: P.A. 98-104, eff. 7-22-13; 98-115, eff. 7-29-13; | ||||||
12 | 98-756, eff. 7-16-14; 98-1171, eff. 6-1-15; 99-180, eff. | ||||||
13 | 7-29-15.)
| ||||||
14 | (10 ILCS 5/19-8) (from Ch. 46, par. 19-8)
| ||||||
15 | Sec. 19-8. Time and place of counting ballots. | ||||||
16 | (a) (Blank.) | ||||||
17 | (b) Each vote by mail voter's ballot returned to an | ||||||
18 | election authority, by any means authorized by this Article, | ||||||
19 | and received by that election authority before the closing of | ||||||
20 | the polls on election day shall be endorsed by the receiving | ||||||
21 | election authority with the day and hour of receipt and may be | ||||||
22 | processed by the election authority beginning on the 15th day | ||||||
23 | before election day it is received by the election authority in | ||||||
24 | the central ballot counting location of the election authority, | ||||||
25 | but the results of the processing may not be counted until the |
| |||||||
| |||||||
1 | day of the election after 7:00 p.m., except as provided in | ||||||
2 | subsections (g) and (g-5).
| ||||||
3 | (c) Each vote by mail voter's ballot that is mailed to an | ||||||
4 | election authority and postmarked no later than election day, | ||||||
5 | but that is received by the election authority after the polls | ||||||
6 | close on election day and before the close of the period for | ||||||
7 | counting provisional ballots cast at that election, shall be | ||||||
8 | endorsed by the receiving authority with the day and hour of | ||||||
9 | receipt and shall be counted at the central ballot counting | ||||||
10 | location of the election authority during the period for | ||||||
11 | counting provisional ballots. | ||||||
12 | Each vote by mail voter's ballot that is mailed to an | ||||||
13 | election authority absent a postmark or a barcode usable with | ||||||
14 | an intelligent mail barcode tracking system , but that is | ||||||
15 | received by the election authority after the polls close on | ||||||
16 | election day and before the close of the period for counting | ||||||
17 | provisional ballots cast at that election, shall be endorsed by | ||||||
18 | the receiving authority with the day and hour of receipt, | ||||||
19 | opened to inspect the date inserted on the certification, and, | ||||||
20 | if the certification date is a date preceding the election day | ||||||
21 | or earlier and the ballot is otherwise found to be valid under | ||||||
22 | the requirements of this Section, counted at the central ballot | ||||||
23 | counting location of the election authority during the period | ||||||
24 | for counting provisional ballots. Absent a date on the | ||||||
25 | certification, the ballot shall not be counted.
| ||||||
26 | If an election authority is using an intelligent mail |
| |||||||
| |||||||
1 | barcode tracking system, a ballot that is mailed to an election | ||||||
2 | authority absent a postmark may be counted if the intelligent | ||||||
3 | mail barcode tracking system verifies the envelope was mailed | ||||||
4 | no later than election day. | ||||||
5 | (d) Special write-in vote by mail voter's blank ballots | ||||||
6 | returned to an election authority, by any means authorized by | ||||||
7 | this Article, and received by the election authority at any | ||||||
8 | time before the closing of the polls on election day shall be | ||||||
9 | endorsed by the receiving election authority with the day and | ||||||
10 | hour of receipt and shall be counted at the central ballot | ||||||
11 | counting location of the election authority during the same | ||||||
12 | period provided for counting vote by mail voters' ballots under | ||||||
13 | subsections (b), (g), and (g-5). Special write-in vote by mail | ||||||
14 | voter's blank ballots that are mailed to an election authority | ||||||
15 | and postmarked no later than election day, but that are | ||||||
16 | received by the election authority after the polls close on | ||||||
17 | election day and before the closing of the period for counting | ||||||
18 | provisional ballots cast at that election, shall be endorsed by | ||||||
19 | the receiving authority with the day and hour of receipt and | ||||||
20 | shall be counted at the central ballot counting location of the | ||||||
21 | election authority during the same periods provided for | ||||||
22 | counting vote by mail voters' ballots under subsection (c). | ||||||
23 | (e) Except as otherwise provided in this Section, vote by | ||||||
24 | mail voters' ballots and special write-in vote by mail voter's | ||||||
25 | blank ballots received by the election authority after the | ||||||
26 | closing of the polls on an
election day shall be endorsed by |
| |||||||
| |||||||
1 | the election authority receiving them
with the day and hour of | ||||||
2 | receipt and shall be safely kept unopened by the
election | ||||||
3 | authority for the period of time required for the preservation | ||||||
4 | of
ballots used at the election, and shall then, without being | ||||||
5 | opened, be
destroyed in like manner as the used ballots of that | ||||||
6 | election.
| ||||||
7 | (f) Counting required under this Section to begin on | ||||||
8 | election day after the closing of the polls shall commence no | ||||||
9 | later than 8:00 p.m. and shall be conducted
by a panel or | ||||||
10 | panels of election judges appointed in the manner provided
by | ||||||
11 | law. The counting shall continue until all vote by mail voters' | ||||||
12 | ballots and special write-in vote by mail voter's blank ballots | ||||||
13 | required to be counted on election day have been counted.
| ||||||
14 | (g) The procedures set forth in Articles 17 and
18 of this | ||||||
15 | Code shall apply to all ballots counted under
this Section. In | ||||||
16 | addition, within 2 days after a vote by mail ballot is | ||||||
17 | received, but in all cases before the close of the period for | ||||||
18 | counting provisional ballots, the election judge or official | ||||||
19 | shall compare the voter's signature on the certification | ||||||
20 | envelope of that vote by mail ballot with the signature of the | ||||||
21 | voter on file in the office of the election authority. If the | ||||||
22 | election judge or official determines that the 2 signatures | ||||||
23 | match, and that the vote by mail voter is otherwise qualified | ||||||
24 | to cast a vote by mail ballot, the election authority shall | ||||||
25 | cast and count the ballot on election day or the day the ballot | ||||||
26 | is determined to be valid, whichever is later, adding the |
| |||||||
| |||||||
1 | results to the precinct in which the voter is registered. If | ||||||
2 | the election judge or official determines that the signatures | ||||||
3 | do not match, or that the vote by mail voter is not qualified | ||||||
4 | to cast a vote by mail ballot, then without opening the | ||||||
5 | certification envelope, the judge or official shall mark across | ||||||
6 | the face of the certification envelope the word "Rejected" and | ||||||
7 | shall not cast or count the ballot. | ||||||
8 | In addition to the voter's signatures not matching, a vote | ||||||
9 | by mail ballot may be rejected by the election judge or | ||||||
10 | official: | ||||||
11 | (1) if the ballot envelope is open or has been opened | ||||||
12 | and resealed; | ||||||
13 | (2) if the voter has already cast an early or grace | ||||||
14 | period ballot; | ||||||
15 | (3) if the voter voted in person on election day or the | ||||||
16 | voter is not a duly registered voter in the precinct; or | ||||||
17 | (4) on any other basis set forth in this Code. | ||||||
18 | If the election judge or official determines that any of | ||||||
19 | these reasons apply, the judge or official shall mark across | ||||||
20 | the face of the certification envelope the word "Rejected" and | ||||||
21 | shall not cast or count the ballot.
| ||||||
22 | (g-5) If a vote by mail ballot is rejected by the election | ||||||
23 | judge or official for any reason, the election authority shall, | ||||||
24 | within 2 days after the rejection but in all cases before the | ||||||
25 | close of the period for counting provisional ballots, notify | ||||||
26 | the vote by mail voter that his or her ballot was rejected. The |
| |||||||
| |||||||
1 | notice shall inform the voter of the reason or reasons the | ||||||
2 | ballot was rejected and shall state that the voter may appear | ||||||
3 | before the election authority, on or before the 14th day after | ||||||
4 | the election, to show cause as to why the ballot should not be | ||||||
5 | rejected. The voter may present evidence to the election | ||||||
6 | authority supporting his or her contention that the ballot | ||||||
7 | should be counted. The election authority shall appoint a panel | ||||||
8 | of 3 election judges to review the contested ballot, | ||||||
9 | application, and certification envelope, as well as any | ||||||
10 | evidence submitted by the vote by mail voter. No more than 2 | ||||||
11 | election judges on the reviewing panel shall be of the same | ||||||
12 | political party. The reviewing panel of election judges shall | ||||||
13 | make a final determination as to the validity of the contested | ||||||
14 | vote by mail ballot. The judges' determination shall not be | ||||||
15 | reviewable either administratively or judicially. | ||||||
16 | A vote by mail ballot subject to this subsection that is | ||||||
17 | determined to be valid shall be counted before the close of the | ||||||
18 | period for counting provisional ballots.
| ||||||
19 | (g-10) All vote by mail ballots determined to be valid | ||||||
20 | shall be added to the vote totals for the precincts for which | ||||||
21 | they were cast in the order in which the ballots were opened.
| ||||||
22 | (h) Each political party, candidate, and qualified civic | ||||||
23 | organization shall be entitled to have present one pollwatcher | ||||||
24 | for each panel of election judges therein assigned.
| ||||||
25 | (Source: P.A. 98-1171, eff. 6-1-15 .)
|
| |||||||
| |||||||
1 | (10 ILCS 5/20-2) (from Ch. 46, par. 20-2)
| ||||||
2 | Sec. 20-2. Any member of the United States Service, | ||||||
3 | otherwise qualified
to vote, who expects in the course of his | ||||||
4 | duties to be absent from the
county in which he resides on the | ||||||
5 | day of holding any election may make
application for a vote by | ||||||
6 | mail ballot to the election authority having
jurisdiction over | ||||||
7 | his precinct of residence on the official postcard or on
a form | ||||||
8 | furnished by the election authority as prescribed by Section | ||||||
9 | 20-3 of
this Article not less than 10 days before the election. | ||||||
10 | A request pursuant
to this Section shall entitle the applicant | ||||||
11 | to a vote by mail ballot for every
election in one calendar | ||||||
12 | year. The original application for ballot shall be
kept in the | ||||||
13 | office of the election authority for one year as authorization
| ||||||
14 | to send a ballot to the voter for each election to be held | ||||||
15 | within that
calendar year. A certified copy of such application | ||||||
16 | for ballot shall be
sent each election with the vote by mail | ||||||
17 | ballot to the election authority's central ballot counting | ||||||
18 | location to be used
in lieu of the original application for | ||||||
19 | ballot. No registration shall be
required in order to vote | ||||||
20 | pursuant to this Section.
| ||||||
21 | Ballots under this Section shall be mailed by the election | ||||||
22 | authority in
the manner prescribed by Section 20-5 of this | ||||||
23 | Article and not otherwise.
Ballots voted under this Section | ||||||
24 | must be returned postmarked no later than midnight preceding | ||||||
25 | election day and received for counting at the central ballot | ||||||
26 | counting location of the election authority during the period |
| |||||||
| |||||||
1 | for counting provisional ballots, the last day of which is the | ||||||
2 | 14th day following election day.
| ||||||
3 | (Source: P.A. 98-1171, eff. 6-1-15 .)
| ||||||
4 | (10 ILCS 5/20-2.1) (from Ch. 46, par. 20-2.1)
| ||||||
5 | Sec. 20-2.1. Citizens of the United States temporarily | ||||||
6 | residing outside
the territorial limits of the United States | ||||||
7 | who are not registered but
otherwise qualified to vote and who | ||||||
8 | expect to be absent from their county
of residence during the | ||||||
9 | periods of voter registration provided for in
Articles 4, 5 or | ||||||
10 | 6 of this Code and on the day of holding any election, may
make | ||||||
11 | simultaneous application to the election authority having | ||||||
12 | jurisdiction
over their precinct of residence for registration | ||||||
13 | by mail and vote by mail
ballot not less than 30 days before | ||||||
14 | the election. Such application may be
made on the official | ||||||
15 | postcard or on a form furnished by the election
authority as | ||||||
16 | prescribed by Section 20-3 of this Article or by facsimile or | ||||||
17 | electronic transmission. A request pursuant
to this Section | ||||||
18 | shall entitle the applicant to a vote by mail ballot for every
| ||||||
19 | election in one calendar year. The original application for | ||||||
20 | ballot shall be
kept in the office of the election authority | ||||||
21 | for one year as authorization
to send a ballot to the voter for | ||||||
22 | each election to be held within that
calendar year. A certified | ||||||
23 | copy of such application for ballot shall be
sent each election | ||||||
24 | with the vote by mail ballot to the election authority's | ||||||
25 | central ballot counting location to be used
in lieu of the |
| |||||||
| |||||||
1 | original application for ballot.
| ||||||
2 | Registration shall be required in order to vote pursuant to | ||||||
3 | this Section.
However, if the election authority receives one | ||||||
4 | of such applications after
30 days but not less than 10 days | ||||||
5 | before a Federal election, said applicant
shall be sent a | ||||||
6 | ballot containing the Federal offices only and registration
for | ||||||
7 | that election shall be waived.
| ||||||
8 | Ballots under this Section shall be delivered by the | ||||||
9 | election authority in
the manner prescribed by Section 20-5 of | ||||||
10 | this Article in person, by mail, or, if requested by the | ||||||
11 | applicant and the election authority has the capability, by | ||||||
12 | facsimile transmission or by electronic transmission.
| ||||||
13 | Ballots voted under this Section must be returned | ||||||
14 | postmarked no later than midnight preceding election day and | ||||||
15 | received for counting at the central ballot counting location | ||||||
16 | of the election authority during the period for counting | ||||||
17 | provisional ballots, the last day of which is the 14th day | ||||||
18 | following election day.
| ||||||
19 | (Source: P.A. 98-1171, eff. 6-1-15 .)
| ||||||
20 | (10 ILCS 5/20-2.2) (from Ch. 46, par. 20-2.2)
| ||||||
21 | Sec. 20-2.2. Any non-resident civilian citizen, otherwise | ||||||
22 | qualified to
vote, may make application to the election | ||||||
23 | authority having jurisdiction
over his precinct of former | ||||||
24 | residence for a vote by mail ballot containing
the Federal | ||||||
25 | offices only not less than 10 days before a Federal election.
|
| |||||||
| |||||||
1 | Such application may be made on the official postcard or by | ||||||
2 | facsimile or electronic transmission. A request
pursuant to | ||||||
3 | this Section shall entitle the applicant to a vote by mail | ||||||
4 | ballot
for every election in one calendar year at which Federal | ||||||
5 | offices are
filled. The original application for ballot shall | ||||||
6 | be kept in the office of
the election authority for one year as | ||||||
7 | authorization to send a ballot to
the voter for each election | ||||||
8 | to be held within that calendar year at which
Federal offices | ||||||
9 | are filled. A certified copy of such application for
ballot | ||||||
10 | shall be sent each election with the vote by mail ballot to the | ||||||
11 | election authority's central ballot counting location to be | ||||||
12 | used in lieu of the original application for ballot.
No | ||||||
13 | registration shall be required in order to vote pursuant to | ||||||
14 | this Section.
Ballots under this Section shall be delivered by | ||||||
15 | the election authority in
the manner prescribed by Section 20-5 | ||||||
16 | of this Article in person, by mail, or, if requested by the | ||||||
17 | applicant and the election authority has the capability, by | ||||||
18 | facsimile transmission or by electronic transmission.
Ballots | ||||||
19 | voted under this Section must be returned postmarked no later | ||||||
20 | than midnight preceding election day and received for counting | ||||||
21 | at the central ballot counting location of the election | ||||||
22 | authority during the period for counting provisional ballots, | ||||||
23 | the last day of which is the 14th day following election day.
| ||||||
24 | (Source: P.A. 98-1171, eff. 6-1-15 .)
| ||||||
25 | (10 ILCS 5/20-2.3) (from Ch. 46, par. 20-2.3)
|
| |||||||
| |||||||
1 | Sec. 20-2.3. Members of the Armed Forces and their spouses | ||||||
2 | and dependents. Any member of the United
States Armed Forces | ||||||
3 | while on active duty, and his or her spouse and dependents, | ||||||
4 | otherwise qualified to vote, who
expects in the course of his | ||||||
5 | or her duties to be absent from the county in
which he or she | ||||||
6 | resides on the day of holding any election, in addition to any
| ||||||
7 | other method of making application for vote by mail ballot | ||||||
8 | under this
Article, may make application for a vote by mail | ||||||
9 | ballot to the election
authority having jurisdiction over his | ||||||
10 | or her precinct of residence by a
facsimile machine or | ||||||
11 | electronic transmission not less than 10 days before
the | ||||||
12 | election.
| ||||||
13 | Ballots under this Section shall be delivered by the | ||||||
14 | election authority in
the manner prescribed by Section 20-5 of | ||||||
15 | this Article in person, by mail, or, if requested by the | ||||||
16 | applicant and the election authority has the capability, by | ||||||
17 | facsimile transmission or by electronic transmission.
Ballots | ||||||
18 | voted under this Section must be returned postmarked no later | ||||||
19 | than midnight preceding election day and received for counting | ||||||
20 | at the central ballot counting location of the election | ||||||
21 | authority during the period for counting provisional ballots, | ||||||
22 | the last day of which is the 14th day following election day.
| ||||||
23 | (Source: P.A. 98-1171, eff. 6-1-15 .)
| ||||||
24 | (10 ILCS 5/20-3) (from Ch. 46, par. 20-3)
| ||||||
25 | Sec. 20-3.
The election authority shall furnish the |
| |||||||
| |||||||
1 | following
applications for registration by mail or vote by mail | ||||||
2 | ballot which shall be
considered a method of application in | ||||||
3 | lieu of the official postcard.
| ||||||
4 | 1. Members of the United States Service, citizens of the | ||||||
5 | United
States temporarily residing outside the territorial | ||||||
6 | limits of the United
States, and certified program participants | ||||||
7 | under the Address Confidentiality
for Victims of Domestic | ||||||
8 | Violence Act may make application within the periods
prescribed | ||||||
9 | in Sections
20-2 or 20-2.1, as the case may be. Such | ||||||
10 | application shall be
substantially in the following form:
| ||||||
11 | "APPLICATION FOR BALLOT
| ||||||
12 | To be voted at the............ election in the precinct in | ||||||
13 | which is
located my residence at..............., in the | ||||||
14 | city/village/township of
............(insert home address) | ||||||
15 | County of........... and State of
Illinois.
| ||||||
16 | I state that I am a citizen of the United States; that on | ||||||
17 | (insert
date of election) I shall have resided in the State of | ||||||
18 | Illinois and in
the election precinct for 30 days; that on the | ||||||
19 | above date I shall be the
age of 18 years or above; that I am | ||||||
20 | lawfully entitled to vote in such
precinct at that election; | ||||||
21 | that I am (check category 1, 2, or 3
below):
| ||||||
22 | 1. ( ) a member of the United States Service,
| ||||||
23 | 2. ( ) a citizen of the United States temporarily residing | ||||||
24 | outside
the territorial limits of the United States and that I | ||||||
25 | expect to be
absent from the said county of my residence on the | ||||||
26 | date of holding such
election, and that I will have no |
| |||||||
| |||||||
1 | opportunity to vote in person on that
day.
| ||||||
2 | 3. ( ) a certified program participant under the Address
| ||||||
3 | Confidentiality for Victims of Domestic Violence Act.
| ||||||
4 | I hereby make application for an official ballot or ballots | ||||||
5 | to be
voted by me at such election if I am absent from the said | ||||||
6 | county of my
residence, and I agree that I shall return said | ||||||
7 | ballot or ballots to the
election authority postmarked no later | ||||||
8 | than midnight preceding election day, for counting no later | ||||||
9 | than during the period for counting provisional ballots, the | ||||||
10 | last day of which is the 14th day following election day or | ||||||
11 | shall destroy said ballot or ballots.
| ||||||
12 | (Check below only if category 2 or 3 and not previously | ||||||
13 | registered)
| ||||||
14 | ( ) I hereby make application to become registered as a | ||||||
15 | voter and
agree to return the forms and affidavits for | ||||||
16 | registration to the
election authority not later than 30 days | ||||||
17 | before the election.
| ||||||
18 | Under penalties as provided by law pursuant to Article 29 | ||||||
19 | of The
Election Code, the undersigned certifies that the | ||||||
20 | statements set forth
in this application are true and correct.
| ||||||
21 | .........................
| ||||||
22 | Post office address or service address to which | ||||||
23 | registration
materials or ballot should be mailed
| ||||||
24 | .........................
| ||||||
25 | .........................
| ||||||
26 | .........................
|
| |||||||
| |||||||
1 | ........................"
| ||||||
2 | If application is made for a primary election ballot, such
| ||||||
3 | application shall designate the name of the political party | ||||||
4 | with which
the applicant is affiliated.
| ||||||
5 | Such applications may be obtained from the election | ||||||
6 | authority having
jurisdiction over the person's precinct of | ||||||
7 | residence.
| ||||||
8 | 2. A spouse or dependent of a member of the United States | ||||||
9 | Service,
said spouse or dependent being a registered voter in | ||||||
10 | the county, may
make application on behalf of said person in | ||||||
11 | the office of the election
authority within the periods | ||||||
12 | prescribed in Section 20-2 which shall be
substantially in the | ||||||
13 | following form:
| ||||||
14 | "APPLICATION FOR BALLOT to be voted at the........... election | ||||||
15 | in
the precinct in which is located the residence of the person | ||||||
16 | for whom
this application is made at.............(insert | ||||||
17 | residence address) in
the city/village/township of......... | ||||||
18 | County of.......... and State
of Illinois.
| ||||||
19 | I certify that the following named person................ | ||||||
20 | (insert
name of person) is a member of the United States | ||||||
21 | Service.
| ||||||
22 | I state that said person is a citizen of the United States; | ||||||
23 | that on
(insert date of election) said person shall have | ||||||
24 | resided in the State of
Illinois and in the election precinct | ||||||
25 | for which this application is made
for 30 days; that on the | ||||||
26 | above date said person shall be the age of 18
years or above; |
| |||||||
| |||||||
1 | that said person is lawfully entitled to vote in such
precinct | ||||||
2 | at that election; that said person is a member of the United
| ||||||
3 | States Service, and that in the course of his duties said | ||||||
4 | person expects
to be absent from his county of residence on the | ||||||
5 | date of holding such
election, and that said person will have | ||||||
6 | no opportunity to vote in
person on that day.
| ||||||
7 | I hereby make application for an official ballot or ballots | ||||||
8 | to be
voted by said person at such election and said person | ||||||
9 | agrees that he
shall return said ballot or ballots to the | ||||||
10 | election authority postmarked no later than midnight preceding | ||||||
11 | election day, for counting no later than during the period for | ||||||
12 | counting provisional ballots, the last day of which is the 14th | ||||||
13 | day following election day, or shall destroy
said ballot or | ||||||
14 | ballots.
| ||||||
15 | I hereby certify that I am the (mother, father, sister, | ||||||
16 | brother,
husband or wife) of the said elector, and that I am a | ||||||
17 | registered voter
in the election precinct for which this | ||||||
18 | application is made. (Strike all
but one that is applicable.)
| ||||||
19 | Under penalties as provided by law pursuant to Article 29 | ||||||
20 | of The
Election Code, the undersigned certifies that the | ||||||
21 | statements set forth
in this application are true and correct.
| ||||||
22 | Name of applicant ......................
| ||||||
23 | Residence address ........................
| ||||||
24 | City/village/township........................
| ||||||
25 | Service address to which ballot should be mailed:
| ||||||
26 | .........................
|
| |||||||
| |||||||
1 | .........................
| ||||||
2 | .........................
| ||||||
3 | ........................"
| ||||||
4 | If application is made for a primary election ballot, such
| ||||||
5 | application shall designate the name of the political party | ||||||
6 | with which
the person for whom application is made is | ||||||
7 | affiliated.
| ||||||
8 | Such applications may be obtained from the election | ||||||
9 | authority having
jurisdiction over the voting precinct in which | ||||||
10 | the person for whom
application is made is entitled to vote.
| ||||||
11 | (Source: P.A. 98-1171, eff. 6-1-15 .)
| ||||||
12 | (10 ILCS 5/20-8) (from Ch. 46, par. 20-8)
| ||||||
13 | Sec. 20-8. Time and place of counting ballots. | ||||||
14 | (a) (Blank.) | ||||||
15 | (b) Each vote by mail voter's ballot returned to an | ||||||
16 | election authority, by any means authorized by this Article, | ||||||
17 | and received by that election authority may be processed by the | ||||||
18 | election authority beginning on the 15th day before election | ||||||
19 | day it is received by the election authority in the central | ||||||
20 | ballot counting location of the election authority, but the | ||||||
21 | results of the processing may not be counted until the day of | ||||||
22 | the election after 7:00 p.m., except as provided in subsections | ||||||
23 | (g) and (g-5).
| ||||||
24 | (c) Each vote by mail voter's ballot that is mailed to an | ||||||
25 | election authority and postmarked no later than election day, |
| |||||||
| |||||||
1 | but that is received by the election authority after the polls | ||||||
2 | close on election day and before the close of the period for | ||||||
3 | counting provisional ballots cast at that election, shall be | ||||||
4 | endorsed by the receiving authority with the day and hour of | ||||||
5 | receipt and shall be counted at the central ballot counting | ||||||
6 | location of the election authority during the period for | ||||||
7 | counting provisional ballots. | ||||||
8 | Each vote by mail voter's ballot that is mailed to an | ||||||
9 | election authority absent a postmark or a barcode usable with | ||||||
10 | an intelligent mail barcode tracking system , but that is | ||||||
11 | received by the election authority after the polls close on | ||||||
12 | election day and before the close of the period for counting | ||||||
13 | provisional ballots cast at that election, shall be endorsed by | ||||||
14 | the receiving authority with the day and hour of receipt, | ||||||
15 | opened to inspect the date inserted on the certification, and, | ||||||
16 | if the certification date is a date preceding the election day | ||||||
17 | or earlier and the ballot is otherwise found to be valid under | ||||||
18 | the requirements of this Section, counted at the central ballot | ||||||
19 | counting location of the election authority during the period | ||||||
20 | for counting provisional ballots. Absent a date on the | ||||||
21 | certification, the ballot shall not be counted.
| ||||||
22 | If an election authority is using an intelligent mail | ||||||
23 | barcode tracking system, a ballot that is mailed to an election | ||||||
24 | authority absent a postmark may be counted if the intelligent | ||||||
25 | mail barcode tracking system verifies the envelope was mailed | ||||||
26 | no later than election day. |
| |||||||
| |||||||
1 | (d) Special write-in vote by mail voter's blank ballots | ||||||
2 | returned to an election authority, by any means authorized by | ||||||
3 | this Article, and received by the election authority at any | ||||||
4 | time before the closing of the polls on election day shall be | ||||||
5 | endorsed by the receiving election authority with the day and | ||||||
6 | hour of receipt and shall be counted at the central ballot | ||||||
7 | counting location of the election authority during the same | ||||||
8 | period provided for counting vote by mail voters' ballots under | ||||||
9 | subsections (b), (g), and (g-5). Special write-in vote by mail | ||||||
10 | voter's blank ballot that are mailed to an election authority | ||||||
11 | and postmarked no later than by midnight preceding the opening | ||||||
12 | of the polls on election day, but that are received by the | ||||||
13 | election authority after the polls close on election day and | ||||||
14 | before the closing of the period for counting provisional | ||||||
15 | ballots cast at that election, shall be endorsed by the | ||||||
16 | receiving authority with the day and hour of receipt and shall | ||||||
17 | be counted at the central ballot counting location of the | ||||||
18 | election authority during the same periods provided for | ||||||
19 | counting vote by mail voters' ballots under subsection (c).
| ||||||
20 | (e) Except as otherwise provided in this Section, vote by | ||||||
21 | mail voters' ballots and special write-in vote by mail voter's | ||||||
22 | blank ballots received by the election authority after the | ||||||
23 | closing of the polls on the day of election shall be
endorsed | ||||||
24 | by the person receiving the ballots with the day and hour of
| ||||||
25 | receipt and shall be safely kept unopened by the election | ||||||
26 | authority for
the period of time required for the preservation |
| |||||||
| |||||||
1 | of ballots used at the
election, and shall then, without being | ||||||
2 | opened, be destroyed in like
manner as the used ballots of that | ||||||
3 | election.
| ||||||
4 | (f) Counting required under this Section to begin on | ||||||
5 | election day after the closing of the polls shall commence no | ||||||
6 | later than 8:00 p.m. and shall be conducted
by a panel or | ||||||
7 | panels of election judges appointed in the manner provided
by | ||||||
8 | law. The counting shall continue until all vote by mail voters' | ||||||
9 | ballots and special write-in vote by mail voter's blank ballots | ||||||
10 | required to be counted on election day have been counted.
| ||||||
11 | (g) The procedures set forth in Articles 17 and
18 of this | ||||||
12 | Code shall apply to all ballots counted under
this Section. In | ||||||
13 | addition, within 2 days after a ballot subject to this Article | ||||||
14 | is received, but in all cases before the close of the period | ||||||
15 | for counting provisional ballots, the election judge or | ||||||
16 | official shall compare the voter's signature on the | ||||||
17 | certification envelope of that ballot with the signature of the | ||||||
18 | voter on file in the office of the election authority. If the | ||||||
19 | election judge or official determines that the 2 signatures | ||||||
20 | match, and that the voter is otherwise qualified to cast a | ||||||
21 | ballot under this Article, the election authority shall cast | ||||||
22 | and count the ballot on election day or the day the ballot is | ||||||
23 | determined to be valid, whichever is later, adding the results | ||||||
24 | to the precinct in which the voter is registered. If the | ||||||
25 | election judge or official determines that the signatures do | ||||||
26 | not match, or that the voter is not qualified to cast a ballot |
| |||||||
| |||||||
1 | under this Article, then without opening the certification | ||||||
2 | envelope, the judge or official shall mark across the face of | ||||||
3 | the certification envelope the word "Rejected" and shall not | ||||||
4 | cast or count the ballot. | ||||||
5 | In addition to the voter's signatures not matching, a | ||||||
6 | ballot subject to this Article may be rejected by the election | ||||||
7 | judge or official: | ||||||
8 | (1) if the ballot envelope is open or has been opened | ||||||
9 | and resealed; | ||||||
10 | (2) if the voter has already cast an early or grace | ||||||
11 | period ballot; | ||||||
12 | (3) if the voter voted in person on election day or the | ||||||
13 | voter is not a duly registered voter in the precinct; or | ||||||
14 | (4) on any other basis set forth in this Code. | ||||||
15 | If the election judge or official determines that any of | ||||||
16 | these reasons apply, the judge or official shall mark across | ||||||
17 | the face of the certification envelope the word "Rejected" and | ||||||
18 | shall not cast or count the ballot. | ||||||
19 | (g-5) If a ballot subject to this Article is rejected by | ||||||
20 | the election judge or official for any reason, the election | ||||||
21 | authority shall, within 2 days after the rejection but in all | ||||||
22 | cases before the close of the period for counting provisional | ||||||
23 | ballots, notify the voter that his or her ballot was rejected. | ||||||
24 | The notice shall inform the voter of the reason or reasons the | ||||||
25 | ballot was rejected and shall state that the voter may appear | ||||||
26 | before the election authority, on or before the 14th day after |
| |||||||
| |||||||
1 | the election, to show cause as to why the ballot should not be | ||||||
2 | rejected. The voter may present evidence to the election | ||||||
3 | authority supporting his or her contention that the ballot | ||||||
4 | should be counted. The election authority shall appoint a panel | ||||||
5 | of 3 election judges to review the contested ballot, | ||||||
6 | application, and certification envelope, as well as any | ||||||
7 | evidence submitted by the vote by mail voter. No more than 2 | ||||||
8 | election judges on the reviewing panel shall be of the same | ||||||
9 | political party. The reviewing panel of election judges shall | ||||||
10 | make a final determination as to the validity of the contested | ||||||
11 | ballot. The judges' determination shall not be reviewable | ||||||
12 | either administratively or judicially. | ||||||
13 | A ballot subject to this subsection that is determined to | ||||||
14 | be valid shall be counted before the close of the period for | ||||||
15 | counting provisional ballots. | ||||||
16 | (g-10) All ballots determined to be valid shall be added to | ||||||
17 | the vote totals for the precincts for which they were cast in | ||||||
18 | the order in which the ballots were opened.
| ||||||
19 | (h) Each political party,
candidate, and qualified civic | ||||||
20 | organization shall be entitled to have
present one pollwatcher | ||||||
21 | for each panel of election judges therein assigned.
| ||||||
22 | (Source: P.A. 98-1171, eff. 6-1-15 .)
| ||||||
23 | (10 ILCS 5/20-10) (from Ch. 46, par. 20-10)
| ||||||
24 | Sec. 20-10.
Pollwatchers shall be
permitted to be present | ||||||
25 | during the casting of the vote by mail voters' ballots , each |
| |||||||
| |||||||
1 | political party, candidate and qualified civic organization | ||||||
2 | shall be entitled to have present one pollwatcher for each | ||||||
3 | panel of election judges therein assigned. Such pollwatchers | ||||||
4 | shall be subject to the same provisions as are provided for | ||||||
5 | pollwatchers in Sections 7-34 and 17-23 of this Code, and shall | ||||||
6 | be permitted to observe the election judges making the | ||||||
7 | signature comparison between that which is on the ballot | ||||||
8 | envelope and that which is on the permanent voter registration | ||||||
9 | record card taken from the master file
and the vote of any vote | ||||||
10 | by mail voter may be challenged for cause the same
as if he | ||||||
11 | were present and voted in person, and the judges of the
| ||||||
12 | election or a majority thereof shall have power and authority | ||||||
13 | to hear
and determine the legality of such ballot; Provided, | ||||||
14 | however, that if a
challenge to any vote by mail voter's right | ||||||
15 | to vote is sustained, notice of
the same must be given by the | ||||||
16 | judges of election by mail addressed to
the voter's mailing | ||||||
17 | address as stated in the certification and
application for | ||||||
18 | ballot .
| ||||||
19 | (Source: P.A. 98-1171, eff. 6-1-15 .)
| ||||||
20 | (10 ILCS 5/21-1) (from Ch. 46, par. 21-1)
| ||||||
21 | Sec. 21-1.
Choosing and election of electors of President | ||||||
22 | and
Vice-President of the United States shall be in the | ||||||
23 | following manner:
| ||||||
24 | (a) In each year in which a President and Vice-President of | ||||||
25 | the United
States are chosen, each political party or group in |
| |||||||
| |||||||
1 | this State shall choose
by its State Convention or State | ||||||
2 | central committee electors of President and Vice-President of | ||||||
3 | the
United States and such State Convention or State central | ||||||
4 | committee of such party or group shall also
choose electors at | ||||||
5 | large, if any are to be appointed for this State and
such State | ||||||
6 | Convention or State central committee of such party or group | ||||||
7 | shall by its chairman and
secretary certify the total list of | ||||||
8 | such electors together with electors at
large so chosen to the | ||||||
9 | State Board of Elections.
| ||||||
10 | The filing of such certificate with the Board, of such | ||||||
11 | choosing of
electors shall be deemed and taken to be the | ||||||
12 | choosing and selection of the
electors of this State, if such | ||||||
13 | party or group is successful at the polls
as herein provided in | ||||||
14 | choosing their candidates for President and
Vice-President of | ||||||
15 | the United States.
| ||||||
16 | (b) The names of the candidates of the several political | ||||||
17 | parties or
groups for electors of President and Vice-President | ||||||
18 | shall not be printed on
the official ballot to be voted in the | ||||||
19 | election to be held on the day in
this Act above named. In lieu | ||||||
20 | of the names of the candidates for such
electors of President | ||||||
21 | and Vice-President, immediately under the appellation
of party | ||||||
22 | name of a party or group in the column of its candidates on the
| ||||||
23 | official ballot, to be voted at said election first above named | ||||||
24 | in
subsection (1) of Section 2A-1.2 and Section 2A-2, there | ||||||
25 | shall be printed
within a bracket the name of the candidate for
| ||||||
26 | President and the name of the candidate for Vice-President of |
| |||||||
| |||||||
1 | such party or
group with a square to the left of such bracket. | ||||||
2 | Each voter in this State
from the several lists or sets of | ||||||
3 | electors so chosen and selected by the
said respective | ||||||
4 | political parties or groups, may choose and elect one of
such | ||||||
5 | lists or sets of electors by placing a cross in the square to | ||||||
6 | the left
of the bracket aforesaid of one of such parties or | ||||||
7 | groups. Placing a cross
within the square before the bracket | ||||||
8 | enclosing the names of President and
Vice-President shall not | ||||||
9 | be deemed and taken as a direct vote for such
candidates for | ||||||
10 | President and Vice-President, or either of them, but shall
only | ||||||
11 | be deemed and taken to be a vote for the entire list or set of
| ||||||
12 | electors chosen by that political party or group so certified | ||||||
13 | to the State
Board of Elections as herein provided. Voting by | ||||||
14 | means of placing a cross
in the appropriate place preceding the | ||||||
15 | appellation or title of the
particular political party or | ||||||
16 | group, shall not be deemed or taken as a
direct vote for the | ||||||
17 | candidates for President and Vice-President, or either
of them, | ||||||
18 | but instead to the Presidential vote, as a vote for the entire
| ||||||
19 | list or set of electors chosen by that political party or group | ||||||
20 | so
certified to the State Board of Elections as herein | ||||||
21 | provided.
| ||||||
22 | (c) Such certification by the respective political parties | ||||||
23 | or groups in
this State of electors of President and | ||||||
24 | Vice-President shall be made to the
State Board of Elections | ||||||
25 | within 2 days after such State convention or meeting of the | ||||||
26 | State central committee in which the electors were chosen .
|
| |||||||
| |||||||
1 | (d) Should more than one certificate of choice and | ||||||
2 | selection of electors
of the same political party or group be | ||||||
3 | filed by contesting conventions or
contesting groups, it shall | ||||||
4 | be the duty of the State Board of Elections
within 10 days | ||||||
5 | after the adjournment of the last of such conventions to
meet | ||||||
6 | and determine which set of nominees for electors of such party | ||||||
7 | or
group was chosen and selected by the authorized convention | ||||||
8 | of such party or
group. The Board, after notice to the chairman | ||||||
9 | and secretaries or managers
of the conventions or groups and | ||||||
10 | after a hearing shall determine which set
of electors was so | ||||||
11 | chosen by the authorized convention and shall so
announce and | ||||||
12 | publish the fact, and such decision shall be final and the set
| ||||||
13 | of electors so determined upon by the electoral board to be so | ||||||
14 | chosen shall
be the list or set of electors to be deemed | ||||||
15 | elected if that party shall be
successful at the polls, as | ||||||
16 | herein provided.
| ||||||
17 | (e) Should a vacancy occur in the choice of an elector in a
| ||||||
18 | congressional district, such vacancy may be filled by the | ||||||
19 | executive
committee of the party or group for such | ||||||
20 | congressional district, to be
certified by such committee to | ||||||
21 | the State Board of Elections. Should a
vacancy occur in the | ||||||
22 | office of elector at large, such vacancy shall be
filled by the | ||||||
23 | State committee of such political party or group, and
certified | ||||||
24 | by it to the State Board of Elections.
| ||||||
25 | (Source: P.A. 84-861.)
|
| |||||||
| |||||||
1 | (10 ILCS 5/24C-12)
| ||||||
2 | Sec. 24C-12. Procedures for Counting and Tallying of
| ||||||
3 | Ballots. In an election jurisdiction where a Direct Recording
| ||||||
4 | Electronic Voting System is used, the following procedures for
| ||||||
5 | counting and tallying the ballots shall apply:
| ||||||
6 | Before the opening of the polls, the judges of elections
| ||||||
7 | shall assemble the voting equipment and devices and turn the
| ||||||
8 | equipment on. The judges shall, if necessary, take steps to
| ||||||
9 | activate the voting devices and counting equipment by inserting
| ||||||
10 | into the equipment and voting devices appropriate data cards
| ||||||
11 | containing passwords and data codes that will select the proper
| ||||||
12 | ballot formats selected for that polling place and that will
| ||||||
13 | prevent inadvertent or unauthorized activation of the | ||||||
14 | poll-opening function.
Before voting begins and before ballots | ||||||
15 | are
entered into the voting devices, the judges of election | ||||||
16 | shall
cause to be printed a record of the following: the | ||||||
17 | election's
identification data, the device's unit | ||||||
18 | identification, the
ballot's format identification, the | ||||||
19 | contents of each active
candidate register by office and of | ||||||
20 | each active public question
register showing that they contain | ||||||
21 | all zero votes, all ballot
fields that can be used to invoke | ||||||
22 | special voting options, and
other information needed to ensure | ||||||
23 | the readiness of the
equipment and to accommodate | ||||||
24 | administrative reporting
requirements. The judges must also | ||||||
25 | check to be sure that the
totals are all zeros in the counting | ||||||
26 | columns and in the public
counter affixed to the voting |
| |||||||
| |||||||
1 | devices.
| ||||||
2 | After the judges have determined that a person is qualified
| ||||||
3 | to vote, a voting device with the proper ballot to which the
| ||||||
4 | voter is entitled shall be enabled to be used by the voter. The
| ||||||
5 | ballot may then be cast by the voter by marking by appropriate
| ||||||
6 | means the designated area of the ballot for the casting of a
| ||||||
7 | vote for any candidate or for or against any public question.
| ||||||
8 | The voter shall be able to vote for any and all candidates and
| ||||||
9 | public measures appearing on the ballot in any legal number and
| ||||||
10 | combination and the voter shall be able to delete, change or
| ||||||
11 | correct his or her selections before the ballot is cast. The
| ||||||
12 | voter shall be able to select candidates whose names do not
| ||||||
13 | appear upon the ballot for any office by entering | ||||||
14 | electronically
as many names of candidates as the voter is | ||||||
15 | entitled to select
for each office.
| ||||||
16 | Upon completing his or her selection of candidates or
| ||||||
17 | public questions, the voter shall signify that voting has been
| ||||||
18 | completed by activating the appropriate button, switch or | ||||||
19 | active
area of the ballot screen associated with end of voting. | ||||||
20 | Upon
activation, the voting system shall record an image of the
| ||||||
21 | completed ballot, increment the proper ballot position
| ||||||
22 | registers, and shall signify to the voter that the ballot has
| ||||||
23 | been cast. Upon activation, the voting system shall also print
| ||||||
24 | a permanent paper record of each ballot cast as defined in
| ||||||
25 | Section 24C-2 of this Code. This permanent paper record shall
| ||||||
26 | (i) be printed in a clear, readily readable format that can be |
| |||||||
| |||||||
1 | easily reviewed by the voter for completeness and accuracy and | ||||||
2 | (ii) either be self-contained within the voting device or be
| ||||||
3 | deposited by the voter into a secure ballot box. No permanent
| ||||||
4 | paper record shall be removed from the polling place except by
| ||||||
5 | election officials as authorized by this Article. All permanent
| ||||||
6 | paper records shall be preserved and secured by election
| ||||||
7 | officials in the same manner as paper ballots and shall be
| ||||||
8 | available as an official record for any recount, redundant
| ||||||
9 | count, or verification or retabulation of the vote count
| ||||||
10 | conducted with respect to any election in which the voting
| ||||||
11 | system is used. The voter shall exit the voting station and
the | ||||||
12 | voting system shall prevent any further attempt to vote
until | ||||||
13 | it has been properly re-activated. If a voting device has
been | ||||||
14 | enabled for voting but the voter leaves the polling place
| ||||||
15 | without casting a ballot, 2 judges of election, one from each | ||||||
16 | of
the 2 major political parties, shall spoil the ballot.
| ||||||
17 | Throughout the election day and before the closing of the
| ||||||
18 | polls, no person may check any vote totals for any candidate or
| ||||||
19 | public question on the voting or counting equipment. Such
| ||||||
20 | equipment shall be programmed so that no person may reset the
| ||||||
21 | equipment for reentry of ballots unless provided the proper | ||||||
22 | code
from an authorized representative of the election | ||||||
23 | authority.
| ||||||
24 | The precinct judges of election shall check the public
| ||||||
25 | register to determine whether the number of ballots counted by
| ||||||
26 | the voting equipment agrees with the number of voters voting as
|
| |||||||
| |||||||
1 | shown by the applications for ballot. If the same do not agree,
| ||||||
2 | the judges of election shall immediately contact the offices of
| ||||||
3 | the election authority in charge of the election for further
| ||||||
4 | instructions. If the number of ballots counted by the voting
| ||||||
5 | equipment agrees with the number of voters voting as shown by
| ||||||
6 | the application for ballot, the number shall be listed on the
| ||||||
7 | "Statement of Ballots" form provided by the election authority.
| ||||||
8 | The totals for all candidates and propositions shall be | ||||||
9 | tabulated. One copy of an "In-Precinct Totals Report" shall be | ||||||
10 | generated by the automatic tabulating equipment for return to | ||||||
11 | the election authority. One copy of an "In-Precinct Totals | ||||||
12 | Report" shall be generated and posted in a conspicuous place | ||||||
13 | inside the polling place, provided that any authorized | ||||||
14 | pollwatcher or other official authorized to be present in the | ||||||
15 | polling place to observe the counting of ballots is present. | ||||||
16 | The judges of election shall provide, if requested, a set for | ||||||
17 | each authorized pollwatcher or other official authorized to be | ||||||
18 | present in the polling place to observe the counting of | ||||||
19 | ballots.
In addition, sufficient time
shall be provided by the | ||||||
20 | judges of election to the pollwatchers
to allow them to copy | ||||||
21 | information from the copy which has been
posted.
| ||||||
22 | Until December 31, 2019 2015 , in elections at which | ||||||
23 | fractional cumulative votes are cast for candidates, the | ||||||
24 | tabulation of those fractional cumulative votes may be made by | ||||||
25 | the election authority at its central office location, and 4 | ||||||
26 | copies of a "Certificate of Results" shall be printed by the |
| |||||||
| |||||||
1 | automatic tabulation equipment and shall be posted in 4 | ||||||
2 | conspicuous places at the central office location where those | ||||||
3 | fractional cumulative votes have been tabulated.
| ||||||
4 | If instructed by the election authority, the judges of
| ||||||
5 | election shall cause the tabulated returns to be transmitted
| ||||||
6 | electronically to the offices of the election authority via
| ||||||
7 | modem or other electronic medium.
| ||||||
8 | The precinct judges of election shall select a bi-partisan
| ||||||
9 | team of 2 judges, who shall immediately return the ballots in a
| ||||||
10 | sealed container, along with all other election materials and
| ||||||
11 | equipment as instructed by the election authority; provided,
| ||||||
12 | however, that such container must first be sealed by the
| ||||||
13 | election judges with filament tape or other approved sealing
| ||||||
14 | devices provided for the purpose in a manner that the ballots
| ||||||
15 | cannot be removed from the container without breaking the seal
| ||||||
16 | or filament tape and disturbing any signatures affixed by the
| ||||||
17 | election judges to the container. The election authority shall
| ||||||
18 | keep the office of the election authority, or any receiving
| ||||||
19 | stations designated by the authority, open for at least 12
| ||||||
20 | consecutive hours after the polls close or until the ballots | ||||||
21 | and
election material and equipment from all precincts within | ||||||
22 | the
jurisdiction of the election authority have been returned | ||||||
23 | to the
election authority. Ballots and election materials and
| ||||||
24 | equipment returned to the office of the election authority | ||||||
25 | which
are not signed and sealed as required by law shall not be
| ||||||
26 | accepted by the election authority until the judges returning
|
| |||||||
| |||||||
1 | the ballots make and sign the necessary corrections. Upon
| ||||||
2 | acceptance of the ballots and election materials and equipment
| ||||||
3 | by the election authority, the judges returning the ballots
| ||||||
4 | shall take a receipt signed by the election authority and
| ||||||
5 | stamped with the time and date of the return. The election
| ||||||
6 | judges whose duty it is to return any ballots and election
| ||||||
7 | materials and equipment as provided shall, in the event the
| ||||||
8 | ballots, materials or equipment cannot be found when needed, on
| ||||||
9 | proper request, produce the receipt which they are to take as
| ||||||
10 | above provided.
| ||||||
11 | (Source: P.A. 96-1549, eff. 3-10-11; 97-766, eff. 7-6-12.)
| ||||||
12 | (10 ILCS 5/29-5) (from Ch. 46, par. 29-5)
| ||||||
13 | Sec. 29-5. Voting more than once. Any person who, having | ||||||
14 | voted once, knowingly during any election on the same election | ||||||
15 | day
where the ballot or machine lists any of the same | ||||||
16 | candidates and issues
listed on the ballot or machine | ||||||
17 | previously used for voting by that person,
(a) files an | ||||||
18 | application to vote in the same or another polling place, or
| ||||||
19 | (b) accepts a ballot or enters a voting machine (except to | ||||||
20 | legally give
assistance pursuant to the provisions of this | ||||||
21 | Code), shall be guilty of a
Class 3 felony; however, if a | ||||||
22 | person has delivered a ballot or ballots to
an election | ||||||
23 | authority as a vote by mail voter and due to a change of
| ||||||
24 | circumstances is able to and does vote in the precinct of his | ||||||
25 | residence on
election day, shall not be deemed to be in |
| |||||||
| |||||||
1 | violation of this Code.
| ||||||
2 | (Source: P.A. 98-1171, eff. 6-1-15 .)
| ||||||
3 | (10 ILCS 5/20-6 rep.) | ||||||
4 | Section 10. The Election Code is amended by repealing | ||||||
5 | Section 20-6.
| ||||||
6 | Section 15. The Township Code is amended by changing | ||||||
7 | Section 45-20 as follows:
| ||||||
8 | (60 ILCS 1/45-20)
| ||||||
9 | Sec. 45-20. Caucus result; filing nomination papers; | ||||||
10 | certifying candidates.
| ||||||
11 | (a) The township central committee shall canvass and | ||||||
12 | declare the result of
the caucus.
| ||||||
13 | (b) The chairman of the township central committee shall, | ||||||
14 | not more than 113
nor less than 106 days before the township | ||||||
15 | election, file nomination papers as
provided in this Section. | ||||||
16 | The nomination papers shall consist of (i) a
certification by | ||||||
17 | the chairman of the names of all candidates for office in the
| ||||||
18 | township nominated at the caucus and (ii) a statement of | ||||||
19 | candidacy by each
candidate in the form prescribed in the | ||||||
20 | general election law. The nomination
papers shall be filed in | ||||||
21 | the office of the township clerk, except that if the
township | ||||||
22 | is entirely within the corporate limits of a city, village, or
| ||||||
23 | incorporated town under the jurisdiction of a board of election |
| |||||||
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1 | commissioners,
the nomination papers shall be filed in the | ||||||
2 | office of the board of election
commissioners instead of the | ||||||
3 | township clerk.
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4 | (c) The township clerk shall certify the candidates so | ||||||
5 | nominated to the
proper election authorities not less than 68 | ||||||
6 | 61 days before the township election.
The election shall be | ||||||
7 | conducted in accordance with the general election law.
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8 | (Source: P.A. 97-81, eff. 7-5-11.)
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9 | Section 20. The School Code is amended by changing Section | ||||||
10 | 9-10 as follows:
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11 | (105 ILCS 5/9-10) (from Ch. 122, par. 9-10)
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12 | Sec. 9-10. Candidates for office - Nominating petitions. | ||||||
13 | Candidates for
the office of school director shall be nominated | ||||||
14 | by petition signed by at
least 25 voters or 5% of the voters, | ||||||
15 | whichever is less, residing within
the district and filed with | ||||||
16 | the county clerk or the county board of election commissioners, | ||||||
17 | as the case may be, of the county in which the principal office | ||||||
18 | of the school district is located.
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19 | Nominations for members of boards of education, including | ||||||
20 | non-high school
boards of education shall be made by a petition | ||||||
21 | signed by at least 50 voters
or 10% of the voters, whichever is | ||||||
22 | less, residing within the district and
shall be filed with the | ||||||
23 | county clerk or the county board of election commissioners, as | ||||||
24 | the case may be, of the county in which the principal office of |
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1 | the school district is located. In addition
to the requirements | ||||||
2 | of the general election law, the form of such petitions
shall | ||||||
3 | be substantially as follows:
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4 | NOMINATING PETITIONS
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5 | (LEAVE OUT THE INAPPLICABLE PART.)
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6 | To the (County Clerk or County Board of Election | ||||||
7 | Commissioners) .... of .... County:
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8 | We the undersigned, being (.... or more) (or 10% or more) | ||||||
9 | (or 5% or more)
of the voters residing within said district, | ||||||
10 | hereby petition that .... who
resides at .... in the (city or | ||||||
11 | village) of .... in Township .... (or who
resides outside any | ||||||
12 | city, village or incorporated town and in Township ....) in
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13 | said district shall be a candidate for the office of .... of | ||||||
14 | the board of
education (or board of directors) (full term) | ||||||
15 | (vacancy) to be voted for at the
election to be held on (insert | ||||||
16 | date).
| ||||||
17 | Name: .................. Address: ...................
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18 | In the designation of the name of a candidate on a petition | ||||||
19 | for
nomination, the candidate's given name or names, initial or | ||||||
20 | initials, a nickname by which the candidate is commonly known, | ||||||
21 | or a combination thereof may be used in addition to the | ||||||
22 | candidate's surname. If a candidate has changed his or her | ||||||
23 | name, whether by a statutory or common law procedure in | ||||||
24 | Illinois or any other jurisdiction, within 3 years before the | ||||||
25 | last day for filing the petition, then (i) the candidate's name |
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1 | on the petition must be followed by "formerly known as (list | ||||||
2 | all prior names during the 3-year period) until name changed on | ||||||
3 | (list date of each such name change)" and (ii) the petition | ||||||
4 | must be accompanied by the candidate's affidavit stating the | ||||||
5 | candidate's previous names during the period specified in | ||||||
6 | clause (i) and the date or dates each of those names was | ||||||
7 | changed; failure to meet these requirements shall be grounds | ||||||
8 | for denying certification of the candidate's name for the | ||||||
9 | ballot, but these requirements do not apply to name changes | ||||||
10 | resulting from adoption to assume an adoptive parent's or | ||||||
11 | parents' surname, marriage to assume a spouse's surname, or | ||||||
12 | dissolution of marriage or declaration of invalidity of | ||||||
13 | marriage to assume a former surname. No other designation, such | ||||||
14 | as a political slogan, as defined by Section 7-17 of the | ||||||
15 | Election Code, title or degree, or nickname suggesting or | ||||||
16 | implying possession of a title, degree or professional status, | ||||||
17 | or similar information may be used in connection with the | ||||||
18 | candidate's surname.
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19 | Nomination papers filed under this Section are not valid | ||||||
20 | unless the candidate
named therein files with the county clerk | ||||||
21 | or the county board of election commissioners, as the case may | ||||||
22 | be, of the county in which the principal office of the school | ||||||
23 | district is located a receipt
from the county clerk showing | ||||||
24 | that the candidate has filed a statement of
economic interests | ||||||
25 | as required by the Illinois Governmental Ethics Act.
Such | ||||||
26 | receipt shall be so filed either previously during the calendar |
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| |||||||
1 | year
in which his nomination papers were filed or within the | ||||||
2 | period for the filing
of nomination papers in accordance with | ||||||
3 | the general election law.
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4 | All petitions for the nomination of members of a board of | ||||||
5 | education shall
be filed with the county clerk or the county | ||||||
6 | board of election commissioners, as the case may be, of the | ||||||
7 | county in which the principal office of the school district is | ||||||
8 | located within the time provided for
by the general election | ||||||
9 | law. The county clerk or the county board of election | ||||||
10 | commissioners shall receive and file only
those petitions which | ||||||
11 | include a statement of candidacy, the required number
of voter | ||||||
12 | signatures, the notarized signature of the petition circulator
| ||||||
13 | and a receipt from the County Clerk showing that the candidate | ||||||
14 | has filed
a statement of economic interest on or before the | ||||||
15 | last day to file as required
by the Illinois Governmental | ||||||
16 | Ethics Act. The county clerk or the county board of election | ||||||
17 | commissioners may have petition
forms available
for issuance to | ||||||
18 | potential candidates, and may give notice of the petition
| ||||||
19 | filing period by publication in a newspaper of general | ||||||
20 | circulation within
the school district not less than 10 days | ||||||
21 | prior to the first day of filing.
The county clerk or the | ||||||
22 | county board of election commissioners shall make | ||||||
23 | certification to the proper election authorities
in accordance | ||||||
24 | with the general election law.
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25 | The county clerk or the county board of election | ||||||
26 | commissioners, as the case may be, of the county in which the |
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1 | principal office of the school district is located shall notify | ||||||
2 | the candidates
for whom a petition for nomination is filed or | ||||||
3 | the appropriate committee
of the obligations under the Campaign | ||||||
4 | Financing Act as provided in the general
election law. Such | ||||||
5 | notice
shall be given on a form prescribed by the State Board | ||||||
6 | of Elections and
in accordance with the requirements of the | ||||||
7 | general election law. The county clerk or county board of | ||||||
8 | election commissioners
shall within 7 days of filing or on the | ||||||
9 | last day for filing, whichever is
earlier, acknowledge to the | ||||||
10 | petitioner in writing the office's acceptance of the
petition.
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11 | A candidate for membership on the board of education or for | ||||||
12 | office as a
school director, who has petitioned for nomination | ||||||
13 | to fill a full term and
to fill a vacant term to be voted upon | ||||||
14 | at the same election, must withdraw
his or her petition for | ||||||
15 | nomination from either the full term or the vacant
term by | ||||||
16 | written declaration.
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17 | In all newly organized districts the petition for the | ||||||
18 | nomination of
candidates
for members of the board of education | ||||||
19 | at the first election shall be addressed
to and filed with the | ||||||
20 | regional superintendent of schools in the manner herein
| ||||||
21 | specified for the petitions for
members of a board of | ||||||
22 | education. For such election the regional superintendent
shall | ||||||
23 | fulfill all duties otherwise assigned to the secretary of the | ||||||
24 | board
of education.
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25 | (Source: P.A. 98-115, eff. 7-29-13.)
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26 | Section 99. Effective date. This Act takes effect upon |
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