Bill Text: IL SB2736 | 2013-2014 | 98th General Assembly | Amended

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Bill Title: Amends the Professional Engineering Practice Act of 1989, the Illinois Professional Land Surveyor Act of 1989, and the Structural Engineering Practice Act of 1989. Provides that certain examinations under the Acts be defined by rule rather than 8-hour written examinations. Effective immediately.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Failed) 2015-01-13 - Session Sine Die [SB2736 Detail]

Download: Illinois-2013-SB2736-Amended.html

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Rep. Barbara Flynn Currie

Filed: 5/29/2014

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AMENDMENT TO SENATE BILL 2736
AMENDMENT NO. ______. Amend Senate Bill 2736, AS AMENDED,
by replacing everything after the enacting clause with the
following:
"Section 1. Short title. This Act may be cited as the
Minimum Wage Increase Referendum Act.
Section 5. Referendum. The State Board of Elections shall
cause a statewide advisory public question to be submitted to
the voters at the general election to be held on November 4,
2014. The question shall appear in the following form:
"Shall the minimum wage in Illinois for adults over the age
of 18 be raised to $10 per hour by January 1, 2015?"
The votes on the question shall be recorded as "Yes" or "No".
Section 10. Certification. The State Board of Elections
shall immediately certify the question to be submitted to the

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voters of the entire State under Section 5 to each election
authority in Illinois.
Section 15. Conflicts. If any provision of this Act
conflicts with any other law, this Act controls.
Section 90. Repeal. This Act is repealed on January 1,
2015.
Section 900. The Election Code is amended by changing
Sections 1-12, 4-50, 5-50, 6-100, 9-9.5, 10-6, 10-8, 10-10,
11-6, 13-2.5, 14-4.5, 18A-5, 18A-15, 19-2, 19A-10, 19A-15, and
19A-35 as follows:
(10 ILCS 5/1-12)
Sec. 1-12. Public university voting.
(a) Each appropriate election authority shall, in addition
to the early voting conducted at locations otherwise required
by law, conduct early voting in a high traffic location on the
campus of a public university within the election authority's
jurisdiction. For the purposes of this Section, "public
university" means the University of Illinois at its campuses in
Urbana-Champaign and Springfield, Southern Illinois University
at its campuses in Carbondale and Edwardsville, Eastern
Illinois University, Illinois State University, Northern
Illinois University, and Western Illinois University at its

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campuses in Macomb and Moline. The voting required by this
subsection (a) Section to be conducted on campus must be
conducted as otherwise required by Article 19A of this Code. If
an election authority has voting equipment that can accommodate
a ballot in every form required in the election authority's
jurisdiction, then the election authority shall extend early
voting under this Section to any registered voter in the
election authority's jurisdiction. However, if the election
authority does not have voting equipment that can accommodate a
ballot in every form required in the election authority's
jurisdiction, then the election authority may limit early
voting under this Section to registered voters in precincts
where the public university is located and precincts bordering
the university. Each public university shall make the space
available in a high traffic area for, and cooperate and
coordinate with the appropriate election authority in, the
implementation of this subsection (a). Section.
(b) Each appropriate election authority shall, in addition
to the voting conducted at locations otherwise required by law,
conduct in-person absentee voting on election day in a
high-traffic location on the campus of a public university
within the election authority's jurisdiction. The procedures
for conducting in-person absentee voting at a site established
pursuant to this subsection (b) shall, to the extent
practicable, be the same procedures required by Article 19 of
this Code for in-person absentee ballots. The election

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authority may limit in-person absentee voting under this
subsection (b) to registered voters in precincts where the
public university is located and precincts bordering the
university. The election authority shall have voting equipment
and ballots necessary to accommodate registered voters who may
cast an in-person absentee ballot at a site established
pursuant to this subsection (b). Each public university shall
make the space available in a high-traffic area for, and
cooperate and coordinate with the appropriate election
authority in, the implementation of this subsection (b).
(c) For the purposes of this Section, "public university"
means the University of Illinois at its campuses in
Urbana-Champaign and Springfield, Southern Illinois University
at its campuses in Carbondale and Edwardsville, Eastern
Illinois University, Illinois State University, Northern
Illinois University, and Western Illinois University at its
campuses in Macomb and Moline.
(Source: P.A. 98-115, eff. 7-29-13.)
(10 ILCS 5/4-50)
Sec. 4-50. Grace period. Notwithstanding any other
provision of this Code to the contrary, each election authority
shall establish procedures for the registration of voters and
for change of address during the period from the close of
registration for a primary or election and until the 3rd day
before the primary or election, except that during the 2014

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general election the period shall extend until the polls close
on election day. During this grace period, an unregistered
qualified elector may register to vote, and a registered voter
may submit a change of address form, in person in the office of
the election authority or at a voter registration location
specifically designated for this purpose by the election
authority. During the 2014 general election, an unregistered
qualified elector may register to vote, and a registered voter
may submit a change of address form, in person at any permanent
polling place for early voting established under Section 19A-10
through election day. The election authority shall register
that individual, or change a registered voter's address, in the
same manner as otherwise provided by this Article for
registration and change of address.
If a voter who registers or changes address during this
grace period wishes to vote at the first election or primary
occurring after the grace period, he or she must do so by grace
period voting. The election authority shall offer in-person
grace period voting at the authority's office and any permanent
polling place where grace period registration is required by
this Section; and may offer in-person grace period voting at
additional locations specifically designated for the purpose
of grace period voting by the election authority. The election
authority may allow grace period voting by mail only if the
election authority has no ballots prepared at the authority's
office. Grace period voting shall be in a manner substantially

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similar to voting under Article 19.
Within one day after a voter casts a grace period ballot,
or within one day after the ballot is received by the election
authority if the election authority allows grace period voting
by mail, the election authority shall transmit by electronic
means pursuant to a process established by the State Board of
Elections the voter's name, street address, e-mail address, and
precinct, ward, township, and district numbers, as the case may
be, to the State Board of Elections, which shall maintain those
names and that information in an electronic format on its
website, arranged by county and accessible to State and local
political committees. The name of each person issued a grace
period ballot shall also be placed on the appropriate precinct
list of persons to whom absentee and early ballots have been
issued, for use as provided in Sections 17-9 and 18-5.
A person who casts a grace period ballot shall not be
permitted to revoke that ballot and vote another ballot with
respect to that primary or election. Ballots cast by persons
who register or change address during the grace period must be
transmitted to and counted at the election authority's central
ballot counting location and shall not be transmitted to and
counted at precinct polling places. The grace period ballots
determined to be valid shall be added to the vote totals for
the precincts for which they were cast in the order in which
the ballots were opened.
(Source: P.A. 97-766, eff. 7-6-12; 98-115, eff. 7-29-13.)

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(10 ILCS 5/5-50)
Sec. 5-50. Grace period. Notwithstanding any other
provision of this Code to the contrary, each election authority
shall establish procedures for the registration of voters and
for change of address during the period from the close of
registration for a primary or election and until the 3rd day
before the primary or election, except that during the 2014
general election the period shall extend until the polls close
on election day. During this grace period, an unregistered
qualified elector may register to vote, and a registered voter
may submit a change of address form, in person in the office of
the election authority or at a voter registration location
specifically designated for this purpose by the election
authority. During the 2014 general election, an unregistered
qualified elector may register to vote, and a registered voter
may submit a change of address form, in person at any permanent
polling place for early voting established pursuant to Section
19A-10 through election day. The election authority shall
register that individual, or change a registered voter's
address, in the same manner as otherwise provided by this
Article for registration and change of address.
If a voter who registers or changes address during this
grace period wishes to vote at the first election or primary
occurring after the grace period, he or she must do so by grace
period voting. The election authority shall offer in-person

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grace period voting at his or her office and any permanent
polling place where grace period registration is required by
this Section; and may offer in-person grace period voting at
additional locations specifically designated for the purpose
of grace period voting by the election authority. The election
authority may allow grace period voting by mail only if the
election authority has no ballots prepared at the authority's
office. Grace period voting shall be in a manner substantially
similar to voting under Article 19.
Within one day after a voter casts a grace period ballot,
or within one day after the ballot is received by the election
authority if the election authority allows grace period voting
by mail, the election authority shall transmit by electronic
means pursuant to a process established by the State Board of
Elections the voter's name, street address, e-mail address, and
precinct, ward, township, and district numbers, as the case may
be, to the State Board of Elections, which shall maintain those
names and that information in an electronic format on its
website, arranged by county and accessible to State and local
political committees. The name of each person issued a grace
period ballot shall also be placed on the appropriate precinct
list of persons to whom absentee and early ballots have been
issued, for use as provided in Sections 17-9 and 18-5.
A person who casts a grace period ballot shall not be
permitted to revoke that ballot and vote another ballot with
respect to that primary or election. Ballots cast by persons

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who register or change address during the grace period must be
transmitted to and counted at the election authority's central
ballot counting location and shall not be transmitted to and
counted at precinct polling places. The grace period ballots
determined to be valid shall be added to the vote totals for
the precincts for which they were cast in the order in which
the ballots were opened.
(Source: P.A. 97-766, eff. 7-6-12; 98-115, eff. 7-29-13.)
(10 ILCS 5/6-100)
Sec. 6-100. Grace period. Notwithstanding any other
provision of this Code to the contrary, each election authority
shall establish procedures for the registration of voters and
for change of address during the period from the close of
registration for a primary or election and until the 3rd day
before the primary or election, except that during the 2014
general election the period shall extend until the polls close
on election day. During this grace period, an unregistered
qualified elector may register to vote, and a registered voter
may submit a change of address form, in person in the office of
the election authority or at a voter registration location
specifically designated for this purpose by the election
authority. During the 2014 general election, an unregistered
qualified elector may register to vote, and a registered voter
may submit a change of address form, in person at any permanent
polling place for early voting established pursuant to Section

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19A-10 through election day. The election authority shall
register that individual, or change a registered voter's
address, in the same manner as otherwise provided by this
Article for registration and change of address.
If a voter who registers or changes address during this
grace period wishes to vote at the first election or primary
occurring after the grace period. The election authority shall
offer in-person grace period voting at the authority's office
and any permanent polling place where grace period registration
is required by this Section; and may offer in-person grace
period voting at additional locations specifically designated
for the purpose of grace period voting by the election
authority. The election authority may allow grace period voting
by mail only if the election authority has no ballots prepared
at the authority's office. Grace period voting shall be in a
manner substantially similar to voting under Article 19.
Within one day after a voter casts a grace period ballot,
or within one day after the ballot is received by the election
authority if the election authority allows grace period voting
by mail, the election authority shall transmit by electronic
means pursuant to a process established by the State Board of
Elections the voter's name, street address, e-mail address, and
precinct, ward, township, and district numbers, as the case may
be, to the State Board of Elections, which shall maintain those
names and that information in an electronic format on its
website, arranged by county and accessible to State and local

09800SB2736ham002 - 11 - LRB098 15341 HLH 60468 a
political committees. The name of each person issued a grace
period ballot shall also be placed on the appropriate precinct
list of persons to whom absentee and early ballots have been
issued, for use as provided in Sections 17-9 and 18-5.
A person who casts a grace period ballot shall not be
permitted to revoke that ballot and vote another ballot with
respect to that primary or election. Ballots cast by persons
who register or change address during the grace period must be
transmitted to and counted at the election authority's central
ballot counting location and shall not be transmitted to and
counted at precinct polling places. The grace period ballots
determined to be valid shall be added to the vote totals for
the precincts for which they were cast in the order in which
the ballots were opened.
(Source: P.A. 97-766, eff. 7-6-12; 98-115, eff. 7-29-13.)
(10 ILCS 5/9-9.5)
Sec. 9-9.5. Disclosures in political communications.
(a) Any political committee, organized under the Election
Code, that makes an expenditure for a pamphlet, circular,
handbill, Internet or telephone communication, radio,
television, or print advertisement, or other communication
directed at voters and mentioning the name of a candidate in
the next upcoming election shall ensure that the name of the
political committee paying for any part of the communication,
including, but not limited to, its preparation and

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distribution, is identified clearly within the communication
as the payor. This subsection does not apply to items that are
too small to contain the required disclosure. This subsection
does not apply to an expenditure for the preparation, or
distribution, or publication of any printed communication
directed at constituents of a member of the General Assembly if
the expenditure is made by a political committee in accordance
with subsection (c) of Section 9-8.10. Nothing in this
subsection shall require disclosure on any telephone
communication using random sampling or other scientific survey
methods to gauge public opinion for or against any candidate or
question of public policy.
Whenever any vendor or other person provides any of the
services listed in this subsection, other than any telephone
communication using random sampling or other scientific survey
methods to gauge public opinion for or against any candidate or
question of public policy, the vendor or person shall keep and
maintain records showing the name and address of the person who
purchased or requested the services and the amount paid for the
services. The records required by this subsection shall be kept
for a period of one year after the date upon which payment was
received for the services.
(b) Any political committee, organized under this Code,
that makes an expenditure for a pamphlet, circular, handbill,
Internet or telephone communication, radio, television, or
print advertisement, or other communication directed at voters

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and (i) mentioning the name of a candidate in the next upcoming
election, without that candidate's permission, or (ii)
advocating for or against a public policy position shall ensure
that the name of the political committee paying for any part of
the communication, including, but not limited to, its
preparation and distribution, is identified clearly within the
communication. Nothing in this subsection shall require
disclosure on any telephone communication using random
sampling or other scientific survey methods to gauge public
opinion for or against any candidate or question of public
policy.
(c) A political committee organized under this Code shall
not make an expenditure for any unsolicited telephone call to
the line of a residential telephone customer in this State
using any method to block or otherwise circumvent that
customer's use of a caller identification service.
(Source: P.A. 98-115, eff. 7-29-13.)
(10 ILCS 5/10-6) (from Ch. 46, par. 10-6)
Sec. 10-6. Time and manner of filing. Certificates of
nomination and nomination papers for the nomination of
candidates for offices to be filled by electors of the entire
State, or any district not entirely within a county, or for
congressional, state legislative or judicial offices, shall be
presented to the principal office of the State Board of
Elections not more than 141 nor less than 134 days previous to

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the day of election for which the candidates are nominated. The
State Board of Elections shall endorse the certificates of
nomination or nomination papers, as the case may be, and the
date and hour of presentment to it. Except as otherwise
provided in this section, all other certificates for the
nomination of candidates shall be filed with the county clerk
of the respective counties not more than 141 but at least 134
days previous to the day of such election. Certificates of
nomination and nomination papers for the nomination of
candidates for school district offices to be filled at
consolidated elections shall be filed with the election
authority in which the principal office of the school district
is located not more than 113 nor less than 106 days before the
consolidated election. Certificates of nomination and
nomination papers for the nomination of candidates for the
other offices of political subdivisions to be filled at regular
elections other than the general election shall be filed with
the local election official of such subdivision:
(1) (Blank);
(2) not more than 113 nor less than 106 days prior to
the consolidated election; or
(3) not more than 113 nor less than 106 days prior to
the general primary in the case of municipal offices to be
filled at the general primary election; or
(4) not more than 99 nor less than 92 days before the
consolidated primary in the case of municipal offices to be

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elected on a nonpartisan basis pursuant to law (including
without limitation, those municipal offices subject to
Articles 4 and 5 of the Municipal Code); or
(5) not more than 113 nor less than 106 days before the
municipal primary in even numbered years for such
nonpartisan municipal offices where annual elections are
provided; or
(6) in the case of petitions for the office of
multi-township assessor, such petitions shall be filed
with the election authority not more than 113 nor less than
106 days before the consolidated election.
However, where a political subdivision's boundaries are
co-extensive with or are entirely within the jurisdiction of a
municipal board of election commissioners, the certificates of
nomination and nomination papers for candidates for such
political subdivision offices shall be filed in the office of
such Board.
(Source: P.A. 95-699, eff. 11-9-07; 96-1008, eff. 7-6-10.)
(10 ILCS 5/10-8) (from Ch. 46, par. 10-8)
Sec. 10-8. Certificates of nomination and nomination
papers, and petitions to submit public questions to a
referendum, being filed as required by this Code, and being in
apparent conformity with the provisions of this Act, shall be
deemed to be valid unless objection thereto is duly made in
writing within 5 business days after the last day for filing

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the certificate of nomination or nomination papers or petition
for a public question, with the following exceptions:
A. In the case of petitions to amend Article IV of the
Constitution of the State of Illinois, there shall be a
period of 35 business days after the last day for the
filing of such petitions in which objections can be filed.
B. In the case of petitions for advisory questions of
public policy to be submitted to the voters of the entire
State, there shall be a period of 35 business days after
the last day for the filing of such petitions in which
objections can be filed.
Any legal voter of the political subdivision or district in
which the candidate or public question is to be voted on, or
any legal voter in the State in the case of a proposed
amendment to Article IV of the Constitution or an advisory
public question to be submitted to the voters of the entire
State, having objections to any certificate of nomination or
nomination papers or petitions filed, shall file an objector's
petition together with 2 copies a copy thereof in the principal
office or the permanent branch office of the State Board of
Elections, or in the office of the election authority or local
election official with whom the certificate of nomination,
nomination papers or petitions are on file. Objection petitions
that do not include 2 copies thereof, shall not be accepted. In
the case of nomination papers or certificates of nomination,
the State Board of Elections, election authority or local

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election official shall note the day and hour upon which such
objector's petition is filed, and shall, not later than 12:00
noon on the second business day after receipt of the petition,
transmit by registered mail or receipted personal delivery the
certificate of nomination or nomination papers and the original
objector's petition to the chairman of the proper electoral
board designated in Section 10-9 hereof, or his authorized
agent, and shall transmit a copy by registered mail or
receipted personal delivery of the objector's petition, to the
candidate whose certificate of nomination or nomination papers
are objected to, addressed to the place of residence designated
in said certificate of nomination or nomination papers. In the
case of objections to a petition for a proposed amendment to
Article IV of the Constitution or for an advisory public
question to be submitted to the voters of the entire State, the
State Board of Elections shall note the day and hour upon which
such objector's petition is filed and shall transmit a copy of
the objector's petition by registered mail or receipted
personal delivery to the person designated on a certificate
attached to the petition as the principal proponent of such
proposed amendment or public question, or as the proponents'
attorney, for the purpose of receiving notice of objections. In
the case of objections to a petition for a public question, to
be submitted to the voters of a political subdivision, or
district thereof, the election authority or local election
official with whom such petition is filed shall note the day

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and hour upon which such objector's petition was filed, and
shall, not later than 12:00 noon on the second business day
after receipt of the petition, transmit by registered mail or
receipted personal delivery the petition for the public
question and the original objector's petition to the chairman
of the proper electoral board designated in Section 10-9
hereof, or his authorized agent, and shall transmit a copy by
registered mail or receipted personal delivery, of the
objector's petition to the person designated on a certificate
attached to the petition as the principal proponent of the
public question, or as the proponent's attorney, for the
purposes of receiving notice of objections.
The objector's petition shall give the objector's name and
residence address, and shall state fully the nature of the
objections to the certificate of nomination or nomination
papers or petitions in question, and shall state the interest
of the objector and shall state what relief is requested of the
electoral board.
The provisions of this Section and of Sections 10-9, 10-10
and 10-10.1 shall also apply to and govern objections to
petitions for nomination filed under Article 7 or Article 8,
except as otherwise provided in Section 7-13 for cases to which
it is applicable, and also apply to and govern petitions for
the submission of public questions under Article 28.
(Source: P.A. 86-1348.)

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(10 ILCS 5/10-10) (from Ch. 46, par. 10-10)
Sec. 10-10. Within 24 hours after the receipt of the
certificate of nomination or nomination papers or proposed
question of public policy, as the case may be, and the
objector's petition, the chairman of the electoral board other
than the State Board of Elections shall send a call by
registered or certified mail to each of the members of the
electoral board, and to the objector who filed the objector's
petition, and either to the candidate whose certificate of
nomination or nomination papers are objected to or to the
principal proponent or attorney for proponents of a question of
public policy, as the case may be, whose petitions are objected
to, and shall also cause the sheriff of the county or counties
in which such officers and persons reside to serve a copy of
such call upon each of such officers and persons, which call
shall set out the fact that the electoral board is required to
meet to hear and pass upon the objections to nominations made
for the office, designating it, and shall state the day, hour
and place at which the electoral board shall meet for the
purpose, which place shall be in the county court house in the
county in the case of the County Officers Electoral Board, the
Municipal Officers Electoral Board, the Township Officers
Electoral Board or the Education Officers Electoral Board,
except that the Municipal Officers Electoral Board, the
Township Officers Electoral Board, and the Education Officers
Electoral Board may meet at the location where the governing

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body of the municipality, township, or community college
district, respectively, holds its regularly scheduled
meetings, if that location is available; provided that voter
records may be removed from the offices of an election
authority only at the discretion and under the supervision of
the election authority. In those cases where the State Board of
Elections is the electoral board designated under Section 10-9,
the chairman of the State Board of Elections shall, within 24
hours after the receipt of the certificate of nomination or
nomination papers or petitions for a proposed amendment to
Article IV of the Constitution or proposed statewide question
of public policy, send a call by registered or certified mail
to the objector who files the objector's petition, and either
to the candidate whose certificate of nomination or nomination
papers are objected to or to the principal proponent or
attorney for proponents of the proposed Constitutional
amendment or statewide question of public policy and shall
state the day, hour and place at which the electoral board
shall meet for the purpose, which place may be in the Capitol
Building or in the principal or permanent branch office of the
State Board. The day of the meeting shall not be less than 3
nor more than 5 days after the receipt of the certificate of
nomination or nomination papers and the objector's petition by
the chairman of the electoral board.
The electoral board shall have the power to administer
oaths and to subpoena and examine witnesses and at the request

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of either party and only upon a vote by a majority of its
members, may authorize the chairman to may issue subpoenas
requiring the attendance of witnesses and subpoenas duces tecum
requiring the production of such books, papers, records and
documents as may be evidence of any matter under inquiry before
the electoral board, in the same manner as witnesses are
subpoenaed in the Circuit Court.
Service of such subpoenas shall be made by any sheriff or
other person in the same manner as in cases in such court and
the fees of such sheriff shall be the same as is provided by
law, and shall be paid by the objector or candidate who causes
the issuance of the subpoena. In case any person so served
shall knowingly neglect or refuse to obey any such subpoena, or
to testify, the electoral board shall at once file a petition
in the circuit court of the county in which such hearing is to
be heard, or has been attempted to be heard, setting forth the
facts, of such knowing refusal or neglect, and accompanying the
petition with a copy of the citation and the answer, if one has
been filed, together with a copy of the subpoena and the return
of service thereon, and shall apply for an order of court
requiring such person to attend and testify, and forthwith
produce books and papers, before the electoral board. Any
circuit court of the state, excluding the judge who is sitting
on the electoral board, upon such showing shall order such
person to appear and testify, and to forthwith produce such
books and papers, before the electoral board at a place to be

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fixed by the court. If such person shall knowingly fail or
refuse to obey such order of the court without lawful excuse,
the court shall punish him or her by fine and imprisonment, as
the nature of the case may require and may be lawful in cases
of contempt of court.
The electoral board on the first day of its meeting shall
adopt rules of procedure for the introduction of evidence and
the presentation of arguments and may, in its discretion,
provide for the filing of briefs by the parties to the
objection or by other interested persons.
In the event of a State Electoral Board hearing on
objections to a petition for an amendment to Article IV of the
Constitution pursuant to Section 3 of Article XIV of the
Constitution, or to a petition for a question of public policy
to be submitted to the voters of the entire State, the
certificates of the county clerks and boards of election
commissioners showing the results of the random sample of
signatures on the petition shall be prima facie valid and
accurate, and shall be presumed to establish the number of
valid and invalid signatures on the petition sheets reviewed in
the random sample, as prescribed in Section 28-11 and 28-12 of
this Code. Either party, however, may introduce evidence at
such hearing to dispute the findings as to particular
signatures. In addition to the foregoing, in the absence of
competent evidence presented at such hearing by a party
substantially challenging the results of a random sample, or

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showing a different result obtained by an additional sample,
this certificate of a county clerk or board of election
commissioners shall be presumed to establish the ratio of valid
to invalid signatures within the particular election
jurisdiction.
The electoral board shall take up the question as to
whether or not the certificate of nomination or nomination
papers or petitions are in proper form, and whether or not they
were filed within the time and under the conditions required by
law, and whether or not they are the genuine certificate of
nomination or nomination papers or petitions which they purport
to be, and whether or not in the case of the certificate of
nomination in question it represents accurately the decision of
the caucus or convention issuing it, and in general shall
decide whether or not the certificate of nomination or
nominating papers or petitions on file are valid or whether the
objections thereto should be sustained and the decision of a
majority of the electoral board shall be final subject to
judicial review as provided in Section 10-10.1. The electoral
board must state its findings in writing and must state in
writing which objections, if any, it has sustained. A copy of
the decision shall be served upon the parties to the
proceedings in open proceedings before the electoral board. If
a party does not appear for receipt of the decision, the
decision shall be deemed to have been served on the absent
party on the date when a copy of the decision is personally

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delivered or on the date when a copy of the decision is
deposited in the Unites States mail, in a sealed envelope or
package, with postage prepaid, addressed to each party affected
by the decision or to such party's attorney of record, if any,
at the address on record for such person in the files of the
electoral board.
Upon the expiration of the period within which a proceeding
for judicial review must be commenced under Section 10-10.1,
the electoral board shall, unless a proceeding for judicial
review has been commenced within such period, transmit, by
registered or certified mail, a certified copy of its ruling,
together with the original certificate of nomination or
nomination papers or petitions and the original objector's
petition, to the officer or board with whom the certificate of
nomination or nomination papers or petitions, as objected to,
were on file, and such officer or board shall abide by and
comply with the ruling so made to all intents and purposes.
(Source: P.A. 98-115, eff. 7-29-13.)
(10 ILCS 5/11-6) (from Ch. 46, par. 11-6)
Sec. 11-6. Within 60 days after the effective date of this
amendatory Act of the 98th General Assembly, each election
authority shall transmit to the principal office of the State
Board of Elections and publish on any website maintained by the
election authority maps in electronic portable document format
(.PDF) showing the current boundaries of all the precincts

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within its jurisdiction. Whenever election precincts in an
election jurisdiction have been redivided or readjusted, the
county board or board of election commissioners shall prepare
maps in electronic portable document format (.PDF) showing such
election precinct boundaries no later than 90 days before the
next scheduled election. The maps shall show the boundaries of
all political subdivisions and districts. The county board or
board of election commissioners shall immediately forward
copies thereof to the chairman of each county central committee
in the county, to each township, ward, or precinct
committeeman, and each local election official whose political
subdivision is wholly or partly in the county and, upon
request, shall furnish copies thereof to each candidate for
political or public office in the county and shall transmit
copies thereof to the principal office of the State Board of
Elections and publish copies thereof on any website maintained
by the election authority.
Within 60 days of the effective date of this amendatory Act of
1983, each election authority shall transmit to the principal
office of the State Board of Elections maps showing the current
boundaries of all the precincts within its jurisdiction.
Whenever election precincts in an election jurisdiction have
been redivided or readjusted, the county board or board of
election commissioners shall prepare maps showing such
election precinct boundaries no later than 45 days before the
next scheduled election. The maps, or transparent overlays,

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shall show the boundaries of all political subdivisions and
districts. The county board or board of election commissioners
shall immediately forward copies thereof to the chairman of
each county central committee in the county, to each township,
ward or precinct committeeman and each local election official
whose political subdivision is wholly or partly in the county
and, upon request, shall furnish copies thereof to each
candidate for political or public office in the county and
shall transmit copies thereof to the principal office of the
State Board of Elections.
(Source: P.A. 84-861.)
(10 ILCS 5/13-2.5)
Sec. 13-2.5. Time off from work to serve as election judge.
Any person who is appointed as an election judge under Section
13-1 or 13-2 may, after giving his or her employer at least 20
days' written notice, be absent from his or her place of work
for the purpose of serving as an election judge. An employer
may not penalize an employee for that absence other than a
deduction in salary for the time the employee was absent from
his or her place of employment. An employer may not require an
employee to use earned vacation time or any form of paid leave
time to serve as an election judge.
This Section does not apply to an employer with fewer than
25 employees. An employer with more than 25 employees shall not
be required to permit more than 10% of the employees to be

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absent under this Section on the same election day.
(Source: P.A. 94-645, eff. 8-22-05.)
(10 ILCS 5/14-4.5)
Sec. 14-4.5. Time off from work to serve as election judge.
Any person who is appointed as an election judge under Section
13-1 or 13-2 may, after giving his or her employer at least 20
days' written notice, be absent from his or her place of work
for the purpose of serving as an election judge. An employer
may not penalize an employee for that absence other than a
deduction in salary for the time the employee was absent from
his or her place of employment. An employer may not require an
employee to use earned vacation time or any form of paid leave
time to serve as an election judge.
This Section does not apply to an employer with fewer than
25 employees. An employer with more than 25 employees shall not
be required to permit more than 10% of the employees to be
absent under this Section on the same election day.
(Source: P.A. 94-645, eff. 8-22-05.)
(10 ILCS 5/18A-5)
Sec. 18A-5. Provisional voting; general provisions.
(a) A person who claims to be a registered voter is
entitled to cast a provisional ballot under the following
circumstances:
(1) The person's name does not appear on the official

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list of eligible voters for the precinct in which the
person seeks to vote. The official list is the centralized
statewide voter registration list established and
maintained in accordance with Section 1A-25;
(2) The person's voting status has been challenged by
an election judge, a pollwatcher, or any legal voter and
that challenge has been sustained by a majority of the
election judges;
(3) A federal or State court order extends the time for
closing the polls beyond the time period established by
State law and the person votes during the extended time
period;
(4) The voter registered to vote by mail and is
required by law to present identification when voting
either in person or by absentee ballot, but fails to do so;
(5) The voter's name appears on the list of voters who
voted during the early voting period, but the voter claims
not to have voted during the early voting period; or
(6) The voter received an absentee ballot but did not
return the absentee ballot to the election authority; or .
(7) The voter registered to vote during the grace
period on the day before election day or on election day
during the 2014 general election.
(b) The procedure for obtaining and casting a provisional
ballot at the polling place shall be as follows:
(1) After first verifying through an examination of the

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precinct register that the person's address is within the
precinct boundaries, an election judge at the polling place
shall notify a person who is entitled to cast a provisional
ballot pursuant to subsection (a) that he or she may cast a
provisional ballot in that election. An election judge must
accept any information provided by a person who casts a
provisional ballot that the person believes supports his or
her claim that he or she is a duly registered voter and
qualified to vote in the election. However, if the person's
residence address is outside the precinct boundaries, the
election judge shall inform the person of that fact, give
the person the appropriate telephone number of the election
authority in order to locate the polling place assigned to
serve that address, and instruct the person to go to the
proper polling place to vote.
(2) The person shall execute a written form provided by
the election judge that shall state or contain all of the
following that is available:
(i) an affidavit stating the following:
State of Illinois, County of ................,
Township ............., Precinct ........, Ward
........, I, ......................., do solemnly
swear (or affirm) that: I am a citizen of the
United States; I am 18 years of age or older; I
have resided in this State and in this precinct for
30 days preceding this election; I have not voted

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in this election; I am a duly registered voter in
every respect; and I am eligible to vote in this
election. Signature ...... Printed Name of Voter
....... Printed Residence Address of Voter ......
City ...... State .... Zip Code ..... Telephone
Number ...... Date of Birth ....... and Illinois
Driver's License Number ....... or Last 4 digits of
Social Security Number ...... or State
Identification Card Number issued to you by the
Illinois Secretary of State........
(ii) A box for the election judge to check one of
the 6 reasons why the person was given a provisional
ballot under subsection (a) of Section 18A-5.
(iii) An area for the election judge to affix his
or her signature and to set forth any facts that
support or oppose the allegation that the person is not
qualified to vote in the precinct in which the person
is seeking to vote.
The written affidavit form described in this
subsection (b)(2) must be printed on a multi-part form
prescribed by the county clerk or board of election
commissioners, as the case may be.
(3) After the person executes the portion of the
written affidavit described in subsection (b)(2)(i) of
this Section, the election judge shall complete the portion
of the written affidavit described in subsection

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(b)(2)(iii) and (b)(2)(iv).
(4) The election judge shall give a copy of the
completed written affidavit to the person. The election
judge shall place the original written affidavit in a
self-adhesive clear plastic packing list envelope that
must be attached to a separate envelope marked as a
"provisional ballot envelope". The election judge shall
also place any information provided by the person who casts
a provisional ballot in the clear plastic packing list
envelope. Each county clerk or board of election
commissioners, as the case may be, must design, obtain or
procure self-adhesive clear plastic packing list envelopes
and provisional ballot envelopes that are suitable for
implementing this subsection (b)(4) of this Section.
(5) The election judge shall provide the person with a
provisional ballot, written instructions for casting a
provisional ballot, and the provisional ballot envelope
with the clear plastic packing list envelope affixed to it,
which contains the person's original written affidavit
and, if any, information provided by the provisional voter
to support his or her claim that he or she is a duly
registered voter. An election judge must also give the
person written information that states that any person who
casts a provisional ballot shall be able to ascertain,
pursuant to guidelines established by the State Board of
Elections, whether the provisional vote was counted in the

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official canvass of votes for that election and, if the
provisional vote was not counted, the reason that the vote
was not counted.
(6) After the person has completed marking his or her
provisional ballot, he or she shall place the marked ballot
inside of the provisional ballot envelope, close and seal
the envelope, and return the envelope to an election judge,
who shall then deposit the sealed provisional ballot
envelope into a securable container separately identified
and utilized for containing sealed provisional ballot
envelopes. Ballots that are provisional because they are
cast after 7:00 p.m. by court order shall be kept separate
from other provisional ballots. Upon the closing of the
polls, the securable container shall be sealed with
filament tape provided for that purpose, which shall be
wrapped around the box lengthwise and crosswise, at least
twice each way, and each of the election judges shall sign
the seal.
(c) Instead of the affidavit form described in subsection
(b), the county clerk or board of election commissioners, as
the case may be, may design and use a multi-part affidavit form
that is imprinted upon or attached to the provisional ballot
envelope described in subsection (b). If a county clerk or
board of election commissioners elects to design and use its
own multi-part affidavit form, then the county clerk or board
of election commissioners shall establish a mechanism for

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accepting any information the provisional voter has supplied to
the election judge to support his or her claim that he or she
is a duly registered voter. In all other respects, a county
clerk or board of election commissioners shall establish
procedures consistent with subsection (b).
(d) The county clerk or board of election commissioners, as
the case may be, shall use the completed affidavit form
described in subsection (b) to update the person's voter
registration information in the State voter registration
database and voter registration database of the county clerk or
board of election commissioners, as the case may be. If a
person is later determined not to be a registered voter based
on Section 18A-15 of this Code, then the affidavit shall be
processed by the county clerk or board of election
commissioners, as the case may be, as a voter registration
application.
(Source: P.A. 97-766, eff. 7-6-12.)
(10 ILCS 5/18A-15)
Sec. 18A-15. Validating and counting provisional ballots.
(a) The county clerk or board of election commissioners
shall complete the validation and counting of provisional
ballots within 14 calendar days of the day of the election. The
county clerk or board of election commissioners shall have 7
calendar days from the completion of the validation and
counting of provisional ballots to conduct its final canvass.

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The State Board of Elections shall complete within 31 calendar
days of the election or sooner if all the returns are received,
its final canvass of the vote for all public offices.
(b) If a county clerk or board of election commissioners
determines that all of the following apply, then a provisional
ballot is valid and shall be counted as a vote:
(1) the provisional voter cast the provisional ballot
in the correct precinct based on the address provided by
the provisional voter unless the provisional voter cast a
ballot pursuant to paragraph (7) of subsection (a) of
Section 18A-5, in which case the provisional ballot must
have been cast in the correct election jurisdiction based
on the address provided. The provisional voter's affidavit
shall serve as a change of address request by that voter
for registration purposes for the next ensuing election if
it bears an address different from that in the records of
the election authority. Votes for federal and statewide
offices on a provisional ballot cast in the incorrect
precinct that meet the other requirements of this
subsection shall be valid and counted in accordance with
rules adopted by the State Board of Elections. As used in
this item, "federal office" is defined as provided in
Section 20-1 and "statewide office" means the Governor,
Attorney General, Secretary of State, Comptroller, and
Treasurer. Votes for General Assembly, countywide,
citywide, or township office on a provisional ballot cast

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in the incorrect precinct but in the correct legislative
district, representative district, county, municipality,
or township, as the case may be, shall be valid and counted
in accordance with rules adopted by the State Board of
Elections. As used in this item, "citywide office" means an
office elected by the electors of an entire municipality.
As used in this item, "township office" means an office
elected by the electors of an entire township;
(2) the affidavit executed by the provisional voter
pursuant to subsection (b)(2) of Section 18A-5 contains, at
a minimum, the provisional voter's first and last name,
house number and street name, and signature or mark;
(3) the provisional voter is a registered voter based
on information available to the county clerk or board of
election commissioners provided by or obtained from any of
the following:
i. the provisional voter;
ii. an election judge;
iii. the statewide voter registration database
maintained by the State Board of Elections;
iv. the records of the county clerk or board of
election commissioners' database; or
v. the records of the Secretary of State; and
(4) for a provisional ballot cast under item (6) of
subsection (a) of Section 18A-5, the voter did not vote by
absentee ballot in the election at which the provisional

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ballot was cast.
(c) With respect to subsection (b)(3) of this Section, the
county clerk or board of election commissioners shall
investigate and record whether or not the specified information
is available from each of the 5 identified sources. If the
information is available from one or more of the identified
sources, then the county clerk or board of election
commissioners shall seek to obtain the information from each of
those sources until satisfied, with information from at least
one of those sources, that the provisional voter is registered
and entitled to vote. The county clerk or board of election
commissioners shall use any information it obtains as the basis
for determining the voter registration status of the
provisional voter. If a conflict exists among the information
available to the county clerk or board of election
commissioners as to the registration status of the provisional
voter, then the county clerk or board of election commissioners
shall make a determination based on the totality of the
circumstances. In a case where the above information equally
supports or opposes the registration status of the voter, the
county clerk or board of election commissioners shall decide in
favor of the provisional voter as being duly registered to
vote. If the statewide voter registration database maintained
by the State Board of Elections indicates that the provisional
voter is registered to vote, but the county clerk's or board of
election commissioners' voter registration database indicates

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that the provisional voter is not registered to vote, then the
information found in the statewide voter registration database
shall control the matter and the provisional voter shall be
deemed to be registered to vote. If the records of the county
clerk or board of election commissioners indicates that the
provisional voter is registered to vote, but the statewide
voter registration database maintained by the State Board of
Elections indicates that the provisional voter is not
registered to vote, then the information found in the records
of the county clerk or board of election commissioners shall
control the matter and the provisional voter shall be deemed to
be registered to vote. If the provisional voter's signature on
his or her provisional ballot request varies from the signature
on an otherwise valid registration application solely because
of the substitution of initials for the first or middle name,
the election authority may not reject the provisional ballot.
(d) In validating the registration status of a person
casting a provisional ballot, the county clerk or board of
election commissioners shall not require a provisional voter to
complete any form other than the affidavit executed by the
provisional voter under subsection (b)(2) of Section 18A-5. In
addition, the county clerk or board of election commissioners
shall not require all provisional voters or any particular
class or group of provisional voters to appear personally
before the county clerk or board of election commissioners or
as a matter of policy require provisional voters to submit

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additional information to verify or otherwise support the
information already submitted by the provisional voter. Within
2 calendar days after the election, the election authority
shall transmit by electronic means pursuant to a process
established by the State Board of Elections the name, street
address, e-mail address, and precinct, ward, township, and
district numbers, as the case may be, of each person casting a
provisional ballot to the State Board of Elections, which shall
maintain those names and that information in an electronic
format on its website, arranged by county and accessible to
State and local political committees. The provisional voter
may, within 7 calendar days after the election, submit
additional information to the county clerk or board of election
commissioners. This information must be received by the county
clerk or board of election commissioners within the
7-calendar-day period.
(e) If the county clerk or board of election commissioners
determines that subsection (b)(1), (b)(2), or (b)(3) does not
apply, then the provisional ballot is not valid and may not be
counted. The provisional ballot envelope containing the ballot
cast by the provisional voter may not be opened. The county
clerk or board of election commissioners shall write on the
provisional ballot envelope the following: "Provisional ballot
determined invalid.".
(f) If the county clerk or board of election commissioners
determines that a provisional ballot is valid under this

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Section, then the provisional ballot envelope shall be opened.
The outside of each provisional ballot envelope shall also be
marked to identify the precinct and the date of the election.
(g) Provisional ballots determined to be valid shall be
counted at the election authority's central ballot counting
location and shall not be counted in precincts. The provisional
ballots determined to be valid shall be added to the vote
totals for the precincts from which they were cast in the order
in which the ballots were opened. The validation and counting
of provisional ballots shall be subject to the provisions of
this Code that apply to pollwatchers. If the provisional
ballots are a ballot of a punch card voting system, then the
provisional ballot shall be counted in a manner consistent with
Article 24A. If the provisional ballots are a ballot of optical
scan or other type of approved electronic voting system, then
the provisional ballots shall be counted in a manner consistent
with Article 24B.
(h) As soon as the ballots have been counted, the election
judges or election officials shall, in the presence of the
county clerk or board of election commissioners, place each of
the following items in a separate envelope or bag: (1) all
provisional ballots, voted or spoiled; (2) all provisional
ballot envelopes of provisional ballots voted or spoiled; and
(3) all executed affidavits of the provisional ballots voted or
spoiled. All provisional ballot envelopes for provisional
voters who have been determined not to be registered to vote

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shall remain sealed. The county clerk or board of election
commissioners shall treat the provisional ballot envelope
containing the written affidavit as a voter registration
application for that person for the next election and process
that application. The election judges or election officials
shall then securely seal each envelope or bag, initial the
envelope or bag, and plainly mark on the outside of the
envelope or bag in ink the precinct in which the provisional
ballots were cast. The election judges or election officials
shall then place each sealed envelope or bag into a box, secure
and seal it in the same manner as described in item (6) of
subsection (b) of Section 18A-5. Each election judge or
election official shall take and subscribe an oath before the
county clerk or board of election commissioners that the
election judge or election official securely kept the ballots
and papers in the box, did not permit any person to open the
box or otherwise touch or tamper with the ballots and papers in
the box, and has no knowledge of any other person opening the
box. For purposes of this Section, the term "election official"
means the county clerk, a member of the board of election
commissioners, as the case may be, and their respective
employees.
(Source: P.A. 97-766, eff. 7-6-12; 98-115, eff. 7-29-13.)
(10 ILCS 5/19-2) (from Ch. 46, par. 19-2)
Sec. 19-2. Any elector as defined in Section 19-1 may by

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mail or electronically on the website of the appropriate
election authority, not more than 90 40 nor less than 5 days
prior to the date of such election, or by personal delivery not
more than 90 40 nor less than one day prior to the date of such
election, make application to the county clerk or to the Board
of Election Commissioners for an official ballot for the
voter's precinct to be voted at such election. The URL address
at which voters may electronically request an absentee ballot
shall be fixed no later than 90 calendar days before an
election and shall not be changed until after the election.
Such a ballot shall be delivered to the elector only upon
separate application by the elector for each election.
(Source: P.A. 97-81, eff. 7-5-11; 98-115, eff. 7-29-13.)
(10 ILCS 5/19A-10)
Sec. 19A-10. Permanent polling places for early voting.
(a) An election authority may establish permanent polling
places for early voting by personal appearance at locations
throughout the election authority's jurisdiction, including
but not limited to a municipal clerk's office, a township
clerk's office, a road district clerk's office, or a county or
local public agency office. Except as otherwise provided in
subsection (b), any person entitled to vote early by personal
appearance may do so at any polling place established for early
voting.
(b) If it is impractical for the election authority to

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provide at each polling place for early voting a ballot in
every form required in the election authority's jurisdiction,
the election authority may:
(1) provide appropriate forms of ballots to the office
of the municipal clerk in a municipality not having a board
of election commissioners; the township clerk; or in
counties not under township organization, the road
district clerk; and
(2) limit voting at that polling place to registered
voters in that municipality, ward or group of wards,
township, or road district.
If the early voting polling place does not have the correct
ballot form for a person seeking to vote early, the election
judge or election official conducting early voting at that
polling place shall inform the person of that fact, give the
person the appropriate telephone number of the election
authority in order to locate an early voting polling place with
the correct ballot form for use in that person's assigned
precinct, and instruct the person to go to the proper early
voting polling place to vote early.
(c) During each general primary and general election, each
election authority in a county with a population over 250,000
shall establish at least one permanent polling place for early
voting by personal appearance at a location within each of the
3 largest municipalities within its jurisdiction. If any of the
3 largest municipalities is over 80,000, the election authority

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shall establish at least 2 permanent polling places within the
municipality. All population figures shall be determined by the
federal census.
(d) During each general primary and general election, each
board of election commissioners established under Article 6 of
this Code in any city, village, or incorporated town with a
population over 100,000 shall establish at least 2 permanent
polling places for early voting by personal appearance. All
population figures shall be determined by the federal census.
(e) During each general primary and general election, each
election authority in a county with a population of over
100,000 but under 250,000 persons shall establish at least one
polling place for early voting by personal appearance. The
location for early voting may be the election authority's main
office or another location designated by the election
authority. The election authority may designate additional
sites for early voting by personal appearance. All population
figures shall be determined by the federal census.
(Source: P.A. 94-645, eff. 8-22-05; 95-699, eff. 11-9-07.)
(10 ILCS 5/19A-15)
Sec. 19A-15. Period for early voting; hours.
(a) The period for early voting by personal appearance
begins the 15th day preceding a general primary, consolidated
primary, consolidated, or general election and extends through
the 3rd day before election day, except that for the 2014

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general election the period for early voting by personal
appearance shall extend through the 2nd day before election
day.
(b) Except as otherwise provided by this Section, a A
permanent polling place for early voting must remain open
during the hours of 8:30 a.m. to 4:30 p.m., or 9:00 a.m. to
5:00 p.m., on weekdays and 9:00 a.m. to 12:00 p.m. on Saturdays
and holidays, and 12:00 p.m. to 3:00 p.m. on Sundays; except
that, in addition to the hours required by this subsection, a
permanent early voting polling place designated by an election
authority under subsection (c) of Section 19A-10 must remain
open for a total of at least 8 hours on any holiday during the
early voting period and a total of at least 14 hours on the
final weekend during the early voting period. For the 2014
general election, a permanent polling place for early voting
must remain open during the hours of 8:30 a.m. to 4:30 p.m. or
9:00 a.m. to 5:00 p.m. on weekdays, except that beginning 8
days before election day, a permanent polling place for early
voting must remain open during the hours of 8:30 a.m. to 7:00
p.m., or 9:00 a.m. to 7:00 p.m.. For the 2014 general election,
a permanent polling place for early voting shall remain open
during the hours of 9:00 a.m. to 12:00 p.m. on Saturdays and
10:00 a.m. to 4:00 p.m. on Sundays; except that, in addition to
the hours required by this subsection (b), a permanent early
voting place designated by an election authority under
subsection (c) of Section 19A-10 must remain open for a total

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of at least 14 hours on the final weekend during the early
voting period.
(c) Notwithstanding subsections (a) and (b), an election
authority may close an early voting polling place if the
building in which the polling place is located has been closed
by the State or unit of local government in response to a
severe weather emergency. In the event of a closure, the
election authority shall conduct early voting on the 2nd day
before election day from 8:30 a.m. to 4:30 p.m. or 9:00 a.m. to
5:00 p.m. The election authority shall notify the State Board
of Elections of any closure and shall make reasonable efforts
to provide notice to the public of the extended early voting
period.
(d) Notwithstanding subsections (a) and (b), in 2013 only,
an election authority may close an early voting place on Good
Friday, Holy Saturday, and Easter Sunday, provided that the
early voting place remains open 2 hours later on April 3, 4,
and 5 of 2013. The election authority shall notify the State
Board of Elections of any closure and shall provide notice to
the public of the closure and the extended hours during the
final week.
(Source: P.A. 97-81, eff. 7-5-11; 97-766, eff. 7-6-12; 98-4,
eff. 3-12-13; 98-115, eff. 7-29-13.)
(10 ILCS 5/19A-35)
Sec. 19A-35. Procedure for voting.

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(a) Not more than 23 days before the start of the election,
the county clerk shall make available to the election official
conducting early voting by personal appearance a sufficient
number of early ballots, envelopes, and printed voting
instruction slips for the use of early voters. The election
official shall receipt for all ballots received and shall
return unused or spoiled ballots at the close of the early
voting period to the county clerk and must strictly account for
all ballots received. The ballots delivered to the election
official must include early ballots for each precinct in the
election authority's jurisdiction and must include separate
ballots for each political subdivision conducting an election
of officers or a referendum at that election.
(b) In conducting early voting under this Article, the
election judge or official is required to verify the signature
of the early voter by comparison with the signature on the
official registration card, and the judge or official must
verify (i) the identity of the applicant, (ii) that the
applicant is a registered voter, (iii) the precinct in which
the applicant is registered, and (iv) the proper ballots of the
political subdivision in which the applicant resides and is
entitled to vote before providing an early ballot to the
applicant. Except for during the 2014 general election, the The
applicant's identity must be verified by the applicant's
presentation of an Illinois driver's license, a non-driver
identification card issued by the Illinois Secretary of State,

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a photo identification card issued by a university or college,
or another government-issued identification document
containing the applicant's photograph. The election judge or
official must verify the applicant's registration from the most
recent poll list provided by the election authority, and if the
applicant is not listed on that poll list, by telephoning the
office of the election authority.
(b-5) A person requesting an early voting ballot to whom an
absentee ballot was issued may vote early if the person submits
that absentee ballot to the judges of election or official
conducting early voting for cancellation. If the voter is
unable to submit the absentee ballot, it shall be sufficient
for the voter to submit to the judges or official (i) a portion
of the absentee ballot if the absentee ballot was torn or
mutilated or (ii) an affidavit executed before the judges or
official specifying that (A) the voter never received an
absentee ballot or (B) the voter completed and returned an
absentee ballot and was informed that the election authority
did not receive that absentee ballot.
(b-10) Within one day after a voter casts an early voting
ballot, the election authority shall transmit the voter's name,
street address, and precinct, ward, township, and district
numbers, as the case may be, to the State Board of Elections,
which shall maintain those names and that information in an
electronic format on its website, arranged by county and
accessible to State and local political committees.

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(b-15) Immediately after voting an early ballot, the voter
shall be instructed whether the voting equipment accepted or
rejected the ballot or identified that ballot as under-voted
for a statewide constitutional office. A voter whose ballot is
identified as under-voted may return to the voting booth and
complete the voting of that ballot. A voter whose early voting
ballot is not accepted by the voting equipment may, upon
surrendering the ballot, request and vote another early voting
ballot. The voter's surrendered ballot shall be initialed by
the election judge or official conducting the early voting and
handled as provided in the appropriate Article governing the
voting equipment used.
(c) The sealed early ballots in their carrier envelope
shall be delivered by the election authority to the central
ballot counting location before the close of the polls on the
day of the election.
(Source: P.A. 95-699, eff. 11-9-07; 96-317, eff. 1-1-10.)
Section 905. The School Code is amended by changing Section
9-11.1 as follows:
(105 ILCS 5/9-11.1) (from Ch. 122, par. 9-11.1)
Sec. 9-11.1. The county clerk or the board of election
commissioners, as the case may be, of the jurisdiction in which
the principal office of the school district is located local
election official shall conduct a lottery to determine the

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ballot order of candidates for full terms in the event of any
simultaneous petition filings. Such candidate lottery shall be
conducted as follows:
All petitions filed by persons waiting in line as of 8:00
a.m. on the first day for filing, or as of the normal opening
hour of the office involved on such day, shall be deemed
simultaneously filed as of 8:00 a.m. or the normal opening
hour, as the case may be. Petitions filed by mail and received
after midnight of the first day for filing and in the first
mail delivery or pickup of that day shall be deemed
simultaneously filed as of 8:00 a.m. of that day or as of the
normal opening hour of such day, as the case may be. All
petitions received thereafter shall be deemed filed in the
order of actual receipt. However, 2 or more petitions filed
within the last hour of the filing deadline shall be deemed
filed simultaneously.
Where 2 or more petitions are received simultaneously for
the same office as of 8:00 a.m. on the first day for petition
filing, or as of the normal opening hour of the office of the
county clerk or the board of election commissioners, as the
case may be, the county clerk or the board of election
commissioners local election official, the local election
official with whom such petitions are filed shall break ties
and determine the order of filing by means of a lottery or
other fair and impartial method of random selection. Such
lottery shall be conducted within 9 days following the last day

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for petition filing and shall be open to the public. Seven days
written notice of the time and place of conducting such random
selection shall be given by the county clerk or the board of
election commissioners local election official to all
candidates who filed their petitions simultaneously and to each
organization of citizens within the election jurisdiction
which was entitled, under the general election law, at the next
preceding election, to have pollwatchers present on the day of
election. The county clerk or the board of election
commissioners local election official shall post in a
conspicuous, open and public place, at the entrance of his or
her office, notice of the time and place of such lottery.
All candidates shall be certified in the order in which
their petitions have been filed and in the manner prescribed by
Section 10-15 of the general election law. Where candidates
have filed simultaneously, they shall be certified in the order
prescribed by this Section and prior to candidates who filed
for the same office at a later time.
Where elections are conducted for unexpired terms, a second
lottery to determine ballot order shall be conducted for
candidates who simultaneously file petitions for such
unexpired terms. Such lottery shall be conducted in the same
manner as prescribed by this Section for full term candidates.
(Source: P.A. 84-1338.)
Section 997. Severability. If any provision of this Act or

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its application to any person or circumstance is held invalid,
the invalidity of that provision or application does not affect
other provisions or applications of this Act that can be given
effect without the invalid provision or application.
Section 999. Effective date. This Act takes effect upon
becoming law.".