Bill Text: IL SB3530 | 2019-2020 | 101st General Assembly | Introduced
Bill Title: Amends the Election Code. Changes the definition of "person with a disability" to include a person having an intellectual or developmental disability. Makes conforming changes throughout the Code. Requires an election authority to provide public notice 75 days (rather than 60 days) before each general and consolidated election calculated to reach elderly voters and voters with disabilities, of the availability of registration and voting aids under the Federal Voting Accessibility for the Elderly and Handicapped Act, of the availability of assistance in marking the ballot, procedures for voting by vote by mail ballot, and procedures for voting early by personal appearance.
Spectrum: Partisan Bill (Democrat 6-0)
Status: (Failed) 2021-01-13 - Session Sine Die [SB3530 Detail]
Download: Illinois-2019-SB3530-Introduced.html
| ||||||||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||||||
1 | AN ACT concerning elections.
| |||||||||||||||||||||||||||||||||||||||||||||
2 | Be it enacted by the People of the State of Illinois,
| |||||||||||||||||||||||||||||||||||||||||||||
3 | represented in the General Assembly:
| |||||||||||||||||||||||||||||||||||||||||||||
4 | Section 5. The Election Code is amended by changing | |||||||||||||||||||||||||||||||||||||||||||||
5 | Sections 1-3, 4-8, 4-8.01, 5-7, 5-7.01, 6-35, 6-35.01, 7-47.1, | |||||||||||||||||||||||||||||||||||||||||||||
6 | 7-48, 12-1, 17-14, 19-5, 19A-40, and 24C-11, as follows:
| |||||||||||||||||||||||||||||||||||||||||||||
7 | (10 ILCS 5/1-3) (from Ch. 46, par. 1-3)
| |||||||||||||||||||||||||||||||||||||||||||||
8 | Sec. 1-3. As used in this Act, unless the context otherwise | |||||||||||||||||||||||||||||||||||||||||||||
9 | requires:
| |||||||||||||||||||||||||||||||||||||||||||||
10 | 1. "Election" includes the submission of all questions of | |||||||||||||||||||||||||||||||||||||||||||||
11 | public
policy, propositions, and all measures submitted to | |||||||||||||||||||||||||||||||||||||||||||||
12 | popular vote, and
includes primary elections when so indicated | |||||||||||||||||||||||||||||||||||||||||||||
13 | by the context.
| |||||||||||||||||||||||||||||||||||||||||||||
14 | 2. "Regular election" means the general, general primary,
| |||||||||||||||||||||||||||||||||||||||||||||
15 | consolidated and consolidated primary elections regularly | |||||||||||||||||||||||||||||||||||||||||||||
16 | scheduled in Article
2A. The even numbered year municipal | |||||||||||||||||||||||||||||||||||||||||||||
17 | primary established in Article 2A is
a regular election only | |||||||||||||||||||||||||||||||||||||||||||||
18 | with respect to those municipalities in which a
primary is | |||||||||||||||||||||||||||||||||||||||||||||
19 | required to be held on such date.
| |||||||||||||||||||||||||||||||||||||||||||||
20 | 3. "Special election" means an election not regularly | |||||||||||||||||||||||||||||||||||||||||||||
21 | recurring at fixed
intervals, irrespective of whether it is | |||||||||||||||||||||||||||||||||||||||||||||
22 | held at the same time and place and by
the same election | |||||||||||||||||||||||||||||||||||||||||||||
23 | officers as a regular election.
|
| |||||||
| |||||||
1 | 4. "General election" means the biennial election at which | ||||||
2 | members of
the General Assembly are elected. "General primary | ||||||
3 | election", "consolidated election" and "consolidated primary | ||||||
4 | election" mean
the respective elections or the election dates | ||||||
5 | designated and established
in Article 2A of this Code.
| ||||||
6 | 5. "Municipal election" means an election or primary, | ||||||
7 | either regular
or special, in cities, villages, and | ||||||
8 | incorporated towns; and "municipality"
means any such city, | ||||||
9 | village or incorporated town.
| ||||||
10 | 6. "Political or governmental subdivision" means any unit | ||||||
11 | of local
government, or school district in which elections are | ||||||
12 | or may be held.
"Political or governmental subdivision" also | ||||||
13 | includes, for election purposes,
Regional Boards of School | ||||||
14 | Trustees, and Township Boards of School Trustees.
| ||||||
15 | 7. The word "township" and the word "town" shall apply
| ||||||
16 | interchangeably to the type of governmental organization | ||||||
17 | established in
accordance with the provisions of the Township | ||||||
18 | Code. The term
"incorporated town" shall mean a municipality | ||||||
19 | referred to as an
incorporated town in the Illinois Municipal | ||||||
20 | Code, as now or hereafter
amended.
| ||||||
21 | 8. "Election authority" means a county clerk or a Board of | ||||||
22 | Election
Commissioners.
| ||||||
23 | 9. "Election Jurisdiction" means (a) an entire county, in | ||||||
24 | the case of
a county in which no city board of election | ||||||
25 | commissioners is located or
which is under the jurisdiction of | ||||||
26 | a county board of election commissioners;
(b) the territorial |
| |||||||
| |||||||
1 | jurisdiction of a city board of election commissioners;
and (c) | ||||||
2 | the territory in a county outside of the jurisdiction of a city
| ||||||
3 | board of election commissioners. In each instance election | ||||||
4 | jurisdiction
shall be determined according to which election | ||||||
5 | authority maintains the
permanent registration records of | ||||||
6 | qualified electors.
| ||||||
7 | 10. "Local election official" means the clerk or secretary | ||||||
8 | of a unit
of local government or school district, as the case | ||||||
9 | may be, the treasurer
of a township board of school trustees, | ||||||
10 | and the regional superintendent
of schools with respect to the | ||||||
11 | various school officer elections and school
referenda for which | ||||||
12 | the regional superintendent is assigned election duties
by The | ||||||
13 | School Code, as now or hereafter amended.
| ||||||
14 | 11. "Judges of election", "primary judges" and similar | ||||||
15 | terms, as
applied to cases where there are 2 sets of judges, | ||||||
16 | when used in
connection with duties at an election during the | ||||||
17 | hours the polls are
open, refer to the team of judges of | ||||||
18 | election on duty during such hours;
and, when used with | ||||||
19 | reference to duties after the closing of the polls,
refer to | ||||||
20 | the team of tally judges designated to count the vote after the
| ||||||
21 | closing of the polls and the holdover judges designated | ||||||
22 | pursuant to
Section 13-6.2 or 14-5.2. In such case, where, | ||||||
23 | after the closing of the
polls, any act is required to be | ||||||
24 | performed by each of the judges of
election, it shall be | ||||||
25 | performed by each of the tally judges and by each
of the | ||||||
26 | holdover judges.
|
| |||||||
| |||||||
1 | 12. "Petition" of candidacy as used in Sections 7-10 and | ||||||
2 | 7-10.1
shall consist of a statement of candidacy, candidate's | ||||||
3 | statement
containing oath, and sheets containing signatures of | ||||||
4 | qualified primary
electors bound together.
| ||||||
5 | 13. "Election district" and "precinct", when used with | ||||||
6 | reference to
a 30-day residence requirement, means the smallest | ||||||
7 | constituent territory
in which electors vote as a unit at the | ||||||
8 | same polling place in any
election governed by this Act.
| ||||||
9 | 14. "District" means any area which votes as a unit for the | ||||||
10 | election of
any officer, other than the State or a unit of | ||||||
11 | local government or school
district, and includes, but is not | ||||||
12 | limited to, legislative, congressional
and judicial districts, | ||||||
13 | judicial circuits, county board districts,
municipal and | ||||||
14 | sanitary district wards, school board districts, and | ||||||
15 | precincts.
| ||||||
16 | 15. "Question of public policy" or "public question"
means | ||||||
17 | any question, proposition or measure submitted to the voters at | ||||||
18 | an
election dealing with subject matter other than the | ||||||
19 | nomination or election
of candidates and shall include, but is | ||||||
20 | not limited to, any bond or tax
referendum, and questions | ||||||
21 | relating to the Constitution.
| ||||||
22 | 16. "Ordinance providing the form of government of a | ||||||
23 | municipality
or county pursuant to Article VII of the | ||||||
24 | Constitution" includes ordinances,
resolutions and petitions | ||||||
25 | adopted by referendum which provide for the form
of government, | ||||||
26 | the officers or the manner of selection or terms of office
of |
| |||||||
| |||||||
1 | officers of such municipality or county, pursuant to the | ||||||
2 | provisions of
Sections 4, 6 or 7 of Article VII of the | ||||||
3 | Constitution.
| ||||||
4 | 17. "List" as used in Sections 4-11, 4-22, 5-14, 5-29, | ||||||
5 | 6-60, and 6-66
shall include a computer tape or computer disc | ||||||
6 | or other electronic data
processing information containing | ||||||
7 | voter information.
| ||||||
8 | 18. "Accessible" means accessible to persons with | ||||||
9 | disabilities and elderly
individuals for the purpose of voting | ||||||
10 | or registration, as determined by
rule of the State Board of | ||||||
11 | Elections.
| ||||||
12 | 19. "Elderly" means 65 years of age or older.
| ||||||
13 | 20. "Person with a disability" , "disability", "disabled | ||||||
14 | voter", or "voter with a disability" means a person having a | ||||||
15 | temporary or permanent physical disability or an intellectual | ||||||
16 | or developmental disability .
| ||||||
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
| ||||||
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.
|
| |||||||
| |||||||
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.
| ||||||
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.
| ||||||
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; 99-522, eff. 6-30-16.)
| ||||||
17 | (10 ILCS 5/4-8) (from Ch. 46, par. 4-8)
| ||||||
18 | Sec. 4-8. The county clerk shall provide a sufficient | ||||||
19 | number of blank
forms for the registration of electors, which | ||||||
20 | shall be known as
registration record cards and which shall | ||||||
21 | consist of loose leaf sheets
or cards, of suitable size to | ||||||
22 | contain in plain writing and figures the
data hereinafter | ||||||
23 | required thereon or shall consist of computer cards of
suitable | ||||||
24 | nature to contain the data required thereon. The registration | ||||||
25 | record
cards, which shall include an affidavit of registration |
| |||||||
| |||||||
1 | as hereinafter
provided, shall be executed in duplicate.
| ||||||
2 | The registration record card shall contain the following | ||||||
3 | and such
other information as the county clerk may think it | ||||||
4 | proper to require for
the identification of the applicant for | ||||||
5 | registration:
| ||||||
6 | Name. The name of the applicant, giving surname and first | ||||||
7 | or
Christian name in full, and the middle name or the initial | ||||||
8 | for such
middle name, if any.
| ||||||
9 | Sex.
| ||||||
10 | Residence. The name and number of the street, avenue, or | ||||||
11 | other location of
the dwelling, including the apartment, unit | ||||||
12 | or room number, if any, and in the
case of a mobile home the lot | ||||||
13 | number, and such additional clear and definite
description as | ||||||
14 | may be necessary to determine the exact location of the
| ||||||
15 | dwelling of the applicant. Where the location cannot be | ||||||
16 | determined by
street and number, then the section, | ||||||
17 | congressional township and range
number may be used, or such | ||||||
18 | other description as may be necessary,
including post-office | ||||||
19 | mailing address. In the case of a homeless individual,
the | ||||||
20 | individual's voting residence that is his or her mailing | ||||||
21 | address shall be
included on his or her registration record | ||||||
22 | card.
| ||||||
23 | Term of residence in the State of Illinois and precinct. | ||||||
24 | This
information shall be furnished by the applicant stating | ||||||
25 | the place or
places where he resided and the dates during which | ||||||
26 | he resided in such
place or places during the year next |
| |||||||
| |||||||
1 | preceding the date of the next
ensuing election.
| ||||||
2 | Nativity. The state or country in which the applicant was | ||||||
3 | born.
| ||||||
4 | Citizenship. Whether the applicant is native born or | ||||||
5 | naturalized. If
naturalized, the court, place, and date of | ||||||
6 | naturalization.
| ||||||
7 | Date of application for registration, i.e., the day, month | ||||||
8 | and year
when applicant presented himself for registration.
| ||||||
9 | Age. Date of birth, by month, day and year.
| ||||||
10 | Disability Physical disability of the applicant, if any, at | ||||||
11 | the time of
registration, which would require assistance in | ||||||
12 | voting.
| ||||||
13 | The county and state in which the applicant was last | ||||||
14 | registered.
| ||||||
15 | Electronic mail address, if any. | ||||||
16 | Signature of voter. The applicant, after the registration | ||||||
17 | and in the
presence of a deputy registrar or other officer of | ||||||
18 | registration shall be
required to sign his or her name in ink | ||||||
19 | or digitized form to the affidavit on both the
original and | ||||||
20 | duplicate registration record cards.
| ||||||
21 | Signature of deputy registrar or officer of registration.
| ||||||
22 | In case applicant is unable to sign his name, he may affix | ||||||
23 | his mark
to the affidavit. In such case the officer empowered | ||||||
24 | to give the
registration oath shall write a detailed | ||||||
25 | description of the applicant in
the space provided on the back | ||||||
26 | or at the bottom of the card or sheet;
and shall ask the |
| |||||||
| |||||||
1 | following questions and record the answers thereto:
| ||||||
2 | Father's first name.
| ||||||
3 | Mother's first name.
| ||||||
4 | From what address did the applicant last register?
| ||||||
5 | Reason for inability to sign name.
| ||||||
6 | Each applicant for registration shall make an affidavit in
| ||||||
7 | substantially the following form:
| ||||||
8 | AFFIDAVIT OF REGISTRATION
| ||||||
9 | STATE OF ILLINOIS
| ||||||
10 | COUNTY OF .......
| ||||||
11 | I hereby swear (or affirm) that I am a citizen of the | ||||||
12 | United States;
that on the date of the next election I shall | ||||||
13 | have resided in the State
of Illinois and in the election | ||||||
14 | precinct in which I reside 30 days and
that I intend that this | ||||||
15 | location shall be my residence; that
I am fully qualified to | ||||||
16 | vote, and that the above statements are true.
| ||||||
17 | ..............................
| ||||||
18 | (His or her signature or mark)
| ||||||
19 | Subscribed and sworn to before me on (insert date).
| ||||||
20 | ..................................
| ||||||
21 | Signature of registration officer.
| ||||||
22 | (To be signed in presence of registrant.)
| ||||||
23 | Space shall be provided upon the face of each registration | ||||||
24 | record
card for the notation of the voting record of the person | ||||||
25 | registered
thereon.
|
| |||||||
| |||||||
1 | Each registration record card shall be numbered according | ||||||
2 | to
precincts, and may be serially or otherwise marked for | ||||||
3 | identification in
such manner as the county clerk may | ||||||
4 | determine.
| ||||||
5 | The registration cards shall be deemed public records and | ||||||
6 | shall be
open to inspection during regular business hours, | ||||||
7 | except during the 27
days immediately preceding any election. | ||||||
8 | On written request of any
candidate or objector or any person | ||||||
9 | intending to object to a petition, the
election authority shall | ||||||
10 | extend its hours for inspection of registration
cards and other | ||||||
11 | records of the election authority during the period
beginning | ||||||
12 | with the filing of petitions under Sections 7-10, 8-8, 10-6 or
| ||||||
13 | 28-3 and continuing through the termination of electoral board | ||||||
14 | hearings on
any objections to petitions containing signatures | ||||||
15 | of registered voters in
the jurisdiction of the election | ||||||
16 | authority. The extension shall be for a
period of hours | ||||||
17 | sufficient to allow adequate opportunity for examination of
the | ||||||
18 | records but the election authority is not required to extend | ||||||
19 | its hours
beyond the period beginning at its normal opening for | ||||||
20 | business and ending
at midnight. If the business hours are so | ||||||
21 | extended, the election authority
shall post a public notice of | ||||||
22 | such extended hours. Registration record
cards may also be | ||||||
23 | inspected, upon approval of the officer in charge of the
cards, | ||||||
24 | during the 27 days immediately preceding any election.
| ||||||
25 | Registration
record cards shall also be open to inspection by | ||||||
26 | certified judges and poll
watchers and challengers at the |
| |||||||
| |||||||
1 | polling place on election day, but only to
the extent necessary | ||||||
2 | to determine the question of the right of a person to
vote or | ||||||
3 | to serve as a judge of election. At no time shall poll watchers | ||||||
4 | or
challengers be allowed to physically handle the registration | ||||||
5 | record cards.
| ||||||
6 | Updated copies of computer tapes or computer discs or other | ||||||
7 | electronic data
processing information containing voter | ||||||
8 | registration information shall
be furnished by the county clerk | ||||||
9 | within 10 days after December 15 and
May
15 each year and | ||||||
10 | within 10 days after each registration
period is closed to the | ||||||
11 | State Board of Elections in a form
prescribed by the
Board. For | ||||||
12 | the purposes of this Section, a registration period is closed | ||||||
13 | 27
days before the date of any regular or special election. | ||||||
14 | Registration
information shall include, but not be limited to, | ||||||
15 | the
following information: name, sex, residence, telephone | ||||||
16 | number, if any,
age, party affiliation, if applicable, | ||||||
17 | precinct, ward, township,
county, and representative, | ||||||
18 | legislative and
congressional districts. In the event of | ||||||
19 | noncompliance, the State
Board of Elections is directed to | ||||||
20 | obtain compliance forthwith with this
nondiscretionary duty of | ||||||
21 | the election authority by instituting legal
proceedings in the | ||||||
22 | circuit court of the county in which the election
authority | ||||||
23 | maintains the registration information. The costs of | ||||||
24 | furnishing
updated copies of tapes or discs shall be paid at a | ||||||
25 | rate of $.00034 per
name of registered voters in the election | ||||||
26 | jurisdiction, but not less than
$50 per tape or disc and shall |
| |||||||
| |||||||
1 | be paid from appropriations made to the
State Board of | ||||||
2 | Elections for reimbursement to the election authority for
such | ||||||
3 | purpose. The State Board shall furnish copies of such tapes, | ||||||
4 | discs, other
electronic data or compilations thereof to state | ||||||
5 | political committees
registered pursuant to the Illinois | ||||||
6 | Campaign Finance Act or the Federal
Election Campaign Act and | ||||||
7 | to governmental entities, at their request and at a reasonable | ||||||
8 | cost.
To protect the privacy and confidentiality of voter | ||||||
9 | registration information,
the disclosure
of electronic voter | ||||||
10 | registration records to any person or entity other than to a
| ||||||
11 | State or local political
committee and other than to a | ||||||
12 | governmental entity for a governmental
purpose is specifically | ||||||
13 | prohibited except as follows: subject to security measures | ||||||
14 | adopted by the State Board of Elections which, at a minimum, | ||||||
15 | shall include the keeping of a catalog or database, available | ||||||
16 | for public view, including the name, address, and telephone | ||||||
17 | number of the person viewing the list as well as the time of | ||||||
18 | that viewing, any person may view the centralized statewide | ||||||
19 | voter registration list on a computer screen at the Springfield | ||||||
20 | office of the State Board of Elections, during normal business | ||||||
21 | hours other than during the 27 days before an election, but the | ||||||
22 | person viewing the list under this exception may not print, | ||||||
23 | duplicate, transmit, or alter the list. Copies of
the tapes, | ||||||
24 | discs, or other electronic data shall be furnished by the | ||||||
25 | county
clerk to local political committees and governmental | ||||||
26 | entities at their request and at a
reasonable cost.
Reasonable |
| |||||||
| |||||||
1 | cost of the tapes, discs, et cetera for
this purpose would be | ||||||
2 | the cost of duplication plus 15% for
administration. The | ||||||
3 | individual representing a political committee
requesting | ||||||
4 | copies of such tapes shall make a sworn affidavit that the
| ||||||
5 | information shall be used only for bona fide political | ||||||
6 | purposes,
including by or for candidates for office or | ||||||
7 | incumbent office holders.
Such tapes, discs or other electronic | ||||||
8 | data shall not be used under any
circumstances by any political | ||||||
9 | committee or individuals for purposes of
commercial | ||||||
10 | solicitation or other business purposes. If such tapes
contain | ||||||
11 | information on county residents related to the operations of
| ||||||
12 | county government in addition to registration information, | ||||||
13 | that
information shall not be used under any circumstances for | ||||||
14 | commercial
solicitation or other business purposes. The | ||||||
15 | prohibition in this
Section against using the computer tapes or | ||||||
16 | computer discs or other
electronic data processing information | ||||||
17 | containing voter registration
information for purposes of | ||||||
18 | commercial solicitation or other business
purposes shall be | ||||||
19 | prospective only from the effective date of this
amended Act of | ||||||
20 | 1979. Any person who violates this provision shall be
guilty of | ||||||
21 | a Class 4 felony.
| ||||||
22 | The State Board of Elections shall promulgate, by October | ||||||
23 | 1, 1987, such
regulations as may be necessary to ensure | ||||||
24 | uniformity throughout the State
in electronic data processing | ||||||
25 | of voter registration information. The
regulations shall | ||||||
26 | include, but need not be limited to, specifications for
uniform |
| |||||||
| |||||||
1 | medium, communications protocol and file structure to be | ||||||
2 | employed
by the election authorities of this State in the | ||||||
3 | electronic data processing
of voter registration information. | ||||||
4 | Each election authority utilizing
electronic data processing | ||||||
5 | of voter registration information shall comply
with such | ||||||
6 | regulations on and after May 15, 1988.
| ||||||
7 | If the applicant for registration was last registered in | ||||||
8 | another
county within this State, he shall also sign a | ||||||
9 | certificate authorizing
cancellation of the former | ||||||
10 | registration. The certificate shall be in
substantially the | ||||||
11 | following form:
| ||||||
12 | To the County Clerk of.... County, Illinois. (or)
| ||||||
13 | To the Election Commission of the City of ...., Illinois.
| ||||||
14 | This is to certify that I am registered in your (county) | ||||||
15 | (city) and
that my residence was ............................
| ||||||
16 | Having moved out of your (county) (city), I hereby authorize | ||||||
17 | you to
cancel said registration in your office.
| ||||||
18 | Dated at ...., Illinois, on (insert date).
| ||||||
19 | .................................
| ||||||
20 | (Signature of Voter)
| ||||||
21 | Attest: ................, County Clerk, .............
| ||||||
22 | County, Illinois.
| ||||||
23 | The cancellation certificate shall be mailed immediately | ||||||
24 | by the
County Clerk to the County Clerk (or election commission | ||||||
25 | as the case may
be) where the applicant was formerly | ||||||
26 | registered. Receipt of such
certificate shall be full authority |
| |||||||
| |||||||
1 | for cancellation of any previous
registration.
| ||||||
2 | (Source: P.A. 98-115, eff. 10-1-13; 99-522, eff. 6-30-16.)
| ||||||
3 | (10 ILCS 5/4-8.01) (from Ch. 46, par. 4-8.01)
| ||||||
4 | Sec. 4-8.01.
If an applicant for registration reports a | ||||||
5 | permanent physical
disability which would require assistance | ||||||
6 | in voting, the county clerk shall
mark all his registration | ||||||
7 | cards in the right margin on the front of the
card with a band | ||||||
8 | of ink running the full margin which shall be of contrast
to, | ||||||
9 | and easily distinguishable from, the color of the card. If an | ||||||
10 | applicant
for registration declares upon properly witnessed | ||||||
11 | oath, with his signature
or mark affixed, that he cannot read | ||||||
12 | the English language and that he will
require assistance in | ||||||
13 | voting, all his registration cards shall be marked in
a manner | ||||||
14 | similar to the marking on the cards of a voter who requires
| ||||||
15 | assistance because of physical disability, except that the | ||||||
16 | marking shall be
of a different distinguishing color. Following | ||||||
17 | each election the cards of
any voter who has requested | ||||||
18 | assistance as a voter with a disability, and has stated
that | ||||||
19 | the disability is permanent, or who has received assistance | ||||||
20 | because of
inability to read the English language, shall be | ||||||
21 | marked in the same manner.
| ||||||
22 | (Source: P.A. 99-143, eff. 7-27-15.)
| ||||||
23 | (10 ILCS 5/5-7)
(from Ch. 46, par. 5-7)
| ||||||
24 | Sec. 5-7. 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, including post-office mailing
| ||||||
23 | address. In the case of a homeless individual, the individual's | ||||||
24 | voting
residence that is his or her mailing address shall be | ||||||
25 | included on his or her
registration record card.
| ||||||
26 | Term of residence in the State of Illinois and the |
| |||||||
| |||||||
1 | precinct. Which
questions may be answered by the applicant | ||||||
2 | stating, in excess of 30 days
in the State and in excess of 30 | ||||||
3 | days in the precinct.
| ||||||
4 | Nativity. The State or country in which the applicant was | ||||||
5 | born.
| ||||||
6 | Citizenship. Whether the applicant is native born or | ||||||
7 | naturalized. If
naturalized, the court, place and date of | ||||||
8 | naturalization.
| ||||||
9 | Date of application for registration, i.e., the day, month | ||||||
10 | and year
when applicant presented himself for registration.
| ||||||
11 | Age. Date of birth, by month, day and year.
| ||||||
12 | Disability Physical disability of the applicant, if any, at | ||||||
13 | the time of
registration, which would require assistance in | ||||||
14 | voting.
| ||||||
15 | The county and state in which the applicant was last | ||||||
16 | registered.
| ||||||
17 | Electronic mail address, if any. | ||||||
18 | Signature of voter. The applicant, after the registration | ||||||
19 | and in the
presence of a deputy registrar or other officer of | ||||||
20 | registration shall be
required to sign his or her name in ink | ||||||
21 | or digitized form to the affidavit on the original
and | ||||||
22 | duplicate registration record card.
| ||||||
23 | Signature of Deputy Registrar.
| ||||||
24 | In case applicant is unable to sign his name, he may affix | ||||||
25 | his mark
to the affidavit. In such case the officer empowered | ||||||
26 | to give the
registration oath shall write a detailed |
| |||||||
| |||||||
1 | description of the applicant in
the space provided at the | ||||||
2 | bottom of the card or sheet; and shall ask the
following | ||||||
3 | questions and record the answers thereto:
| ||||||
4 | Father's first name .......................
| ||||||
5 | Mother's first name .......................
| ||||||
6 | From what address did you last register?
| ||||||
7 | Reason for inability to sign name.
| ||||||
8 | Each applicant for registration shall make an affidavit in
| ||||||
9 | substantially the following form:
| ||||||
10 | AFFIDAVIT OF REGISTRATION
| ||||||
11 | State of Illinois)
| ||||||
12 | )ss
| ||||||
13 | County of )
| ||||||
14 | I hereby swear (or affirm) that I am a citizen of the | ||||||
15 | United States;
that on the date of the next election I shall | ||||||
16 | have resided in the State
of Illinois and in the election | ||||||
17 | precinct in which I reside 30 days; that
I am fully qualified | ||||||
18 | to vote. That I intend that this location shall be
my residence | ||||||
19 | and that the above statements are true.
| ||||||
20 | ..............................
| ||||||
21 | (His or her signature or mark)
| ||||||
22 | Subscribed and sworn to before me on (insert date).
| ||||||
23 | .........................................
| ||||||
24 | Signature of Registration Officer.
| ||||||
25 | (To be signed in presence of Registrant.)
|
| |||||||
| |||||||
1 | Space shall be provided upon the face of each registration | ||||||
2 | record
card for the notation of the voting record of the person | ||||||
3 | registered
thereon.
| ||||||
4 | Each registration record card shall be numbered according | ||||||
5 | to towns
and precincts, wards, cities and villages, as the case | ||||||
6 | may be, and may
be serially or otherwise marked for | ||||||
7 | identification in such manner as the
county clerk may | ||||||
8 | determine.
| ||||||
9 | The registration cards shall be deemed public records and | ||||||
10 | shall be
open to inspection during regular business hours, | ||||||
11 | except during the 27
days immediately preceding any election. | ||||||
12 | On written request of any
candidate or objector or any person | ||||||
13 | intending to object to a petition, the
election authority shall | ||||||
14 | extend its hours for inspection of registration
cards and other | ||||||
15 | records of the election authority during the period
beginning | ||||||
16 | with the filing of petitions under Sections 7-10, 8-8, 10-6 or
| ||||||
17 | 28-3 and continuing through the termination of electoral board | ||||||
18 | hearings on
any objections to petitions containing signatures | ||||||
19 | of registered voters in
the jurisdiction of the election | ||||||
20 | authority. The extension shall be for a
period of hours | ||||||
21 | sufficient to allow adequate opportunity for examination of
the | ||||||
22 | records but the election authority is not required to extend | ||||||
23 | its hours
beyond the period beginning at its normal opening for | ||||||
24 | business and ending
at midnight. If the business hours are so | ||||||
25 | extended, the election authority
shall post a public notice of | ||||||
26 | such extended hours. Registration record cards
may also be |
| |||||||
| |||||||
1 | inspected, upon approval of the officer in charge of the cards,
| ||||||
2 | during the 27 days immediately preceding any election. | ||||||
3 | Registration
record
cards shall also be open to inspection by | ||||||
4 | certified judges and poll watchers
and challengers at the | ||||||
5 | polling place on election day, but only to the extent
necessary | ||||||
6 | to determine the question of the right of a person to vote or | ||||||
7 | to
serve as a judge of election. At no time shall poll watchers | ||||||
8 | or challengers be
allowed to physically handle the registration | ||||||
9 | record cards.
| ||||||
10 | Updated copies of computer tapes or computer discs or other | ||||||
11 | electronic data
processing information containing voter | ||||||
12 | registration information shall
be furnished by the county clerk | ||||||
13 | within 10 days after December 15 and
May
15 each year and | ||||||
14 | within 10 days after each registration
period is closed to the | ||||||
15 | State Board of Elections in a form
prescribed by the
Board. For | ||||||
16 | the purposes of this Section, a registration period is closed | ||||||
17 | 27
days before the date of any regular or special election. | ||||||
18 | Registration
information
shall include, but not be limited to, | ||||||
19 | the
following information: name, sex, residence, telephone | ||||||
20 | number, if any, age,
party affiliation, if applicable, | ||||||
21 | precinct, ward, township, county, and
representative, | ||||||
22 | legislative and congressional districts. In the event of
| ||||||
23 | noncompliance, the State Board of Elections is directed to | ||||||
24 | obtain compliance
forthwith with this nondiscretionary duty of | ||||||
25 | the election authority by
instituting legal proceedings in the | ||||||
26 | circuit court of the county in which the
election authority |
| |||||||
| |||||||
1 | maintains the registration information. The costs of
| ||||||
2 | furnishing updated copies of tapes or discs shall be paid at a | ||||||
3 | rate of $.00034
per name of registered voters in the election | ||||||
4 | jurisdiction, but not less than
$50 per tape or disc and shall | ||||||
5 | be paid from appropriations made to the State
Board of | ||||||
6 | Elections for reimbursement to the election authority for such
| ||||||
7 | purpose. The State Board shall furnish copies of such tapes, | ||||||
8 | discs, other electronic
data or compilations thereof to state | ||||||
9 | political committees registered pursuant
to the Illinois | ||||||
10 | Campaign Finance Act or the Federal Election Campaign Act and | ||||||
11 | to governmental entities, at
their request and at a reasonable | ||||||
12 | cost.
To protect the privacy and confidentiality of voter | ||||||
13 | registration information,
the disclosure
of electronic voter | ||||||
14 | registration records to any person or entity other than to a
| ||||||
15 | State or local political
committee and other than to a | ||||||
16 | governmental entity for a governmental
purpose
is specifically | ||||||
17 | prohibited except as follows: subject to security measures | ||||||
18 | adopted by the State Board of Elections which, at a minimum, | ||||||
19 | shall include the keeping of a catalog or database, available | ||||||
20 | for public view, including the name, address, and telephone | ||||||
21 | number of the person viewing the list as well as the time of | ||||||
22 | that viewing, any person may view the centralized statewide | ||||||
23 | voter registration list on a computer screen at the Springfield | ||||||
24 | office of the State Board of Elections, during normal business | ||||||
25 | hours other than during the 27 days before an election, but the | ||||||
26 | person viewing the list under this exception may not print, |
| |||||||
| |||||||
1 | duplicate, transmit, or alter the list.
Copies of the tapes, | ||||||
2 | discs or other
electronic data shall be furnished by the county | ||||||
3 | clerk to local political
committees and governmental entities | ||||||
4 | at their request and at a reasonable cost. Reasonable cost of | ||||||
5 | the
tapes, discs, et cetera for this purpose would be the cost | ||||||
6 | of duplication plus
15% for administration. The individual | ||||||
7 | representing a political committee
requesting copies of such | ||||||
8 | tapes shall make a sworn affidavit that the
information shall | ||||||
9 | be used only for bona fide political purposes,
including by or | ||||||
10 | for candidates for office or incumbent office holders.
Such | ||||||
11 | tapes, discs or other electronic data shall not be used under | ||||||
12 | any
circumstances by any political committee or individuals for | ||||||
13 | purposes of
commercial solicitation or other business | ||||||
14 | purposes. If such tapes
contain information on county residents | ||||||
15 | related to the operations of
county government in addition to | ||||||
16 | registration information, that
information shall not be used | ||||||
17 | under any circumstances for commercial
solicitation or other | ||||||
18 | business purposes. The prohibition in this
Section against | ||||||
19 | using the computer tapes or computer discs or other
electronic | ||||||
20 | data processing information containing voter registration
| ||||||
21 | information for purposes of commercial solicitation or other | ||||||
22 | business
purposes shall be prospective only from the effective | ||||||
23 | date of this
amended Act of 1979. Any person who violates this | ||||||
24 | provision shall be
guilty of a Class 4 felony.
| ||||||
25 | The State Board of Elections shall promulgate, by October | ||||||
26 | 1, 1987, such
regulations as may be necessary to ensure |
| |||||||
| |||||||
1 | uniformity throughout the State
in electronic data processing | ||||||
2 | of voter registration information. The
regulations shall | ||||||
3 | include, but need not be limited to, specifications for
uniform | ||||||
4 | medium, communications protocol and file structure to be | ||||||
5 | employed
by the election authorities of this State in the | ||||||
6 | electronic data processing
of voter registration information. | ||||||
7 | Each election authority utilizing
electronic data processing | ||||||
8 | of voter registration information shall comply
with such | ||||||
9 | regulations on and after May 15, 1988.
| ||||||
10 | If the applicant for registration was last registered in | ||||||
11 | another
county within this State, he shall also sign a | ||||||
12 | certificate authorizing
cancellation of the former | ||||||
13 | registration. The certificate shall be in
substantially the | ||||||
14 | following form:
| ||||||
15 | To the County Clerk of .... County, Illinois. To the Election
| ||||||
16 | Commission of the City of ...., Illinois.
| ||||||
17 | This is to certify that I am registered in your (county) | ||||||
18 | (city) and
that my residence was .....
| ||||||
19 | Having moved out of your (county) (city), I hereby | ||||||
20 | authorize you to
cancel said registration in your office.
| ||||||
21 | Dated at .... Illinois, on (insert date).
| ||||||
22 | ....................
| ||||||
23 | (Signature of Voter)
| ||||||
24 | Attest ......, County Clerk, ........ County, Illinois.
| ||||||
25 | The cancellation certificate shall be mailed immediately | ||||||
26 | by the
county clerk to the county clerk (or election commission |
| |||||||
| |||||||
1 | as the case may
be) where the applicant was formerly | ||||||
2 | registered. Receipt of such
certificate shall be full authority | ||||||
3 | for cancellation of any previous
registration.
| ||||||
4 | (Source: P.A. 98-115, eff. 10-1-13; 99-522, eff. 6-30-16.)
| ||||||
5 | (10 ILCS 5/5-7.01) (from Ch. 46, par. 5-7.01)
| ||||||
6 | Sec. 5-7.01.
If an applicant for registration reports a | ||||||
7 | permanent physical
disability which would require assistance | ||||||
8 | in voting, the county clerk shall
mark all his registration | ||||||
9 | cards in the right margin on the front of the
card with a band | ||||||
10 | of ink running the full margin which shall be of contrast
to, | ||||||
11 | and easily distinguishable from, the color of the card. If an | ||||||
12 | applicant
for registration declares upon properly witnessed | ||||||
13 | oath, with his signature
or mark affixed, that he cannot read | ||||||
14 | the English language and that he will
require assistance in | ||||||
15 | voting, all his registration cards shall be marked in
a manner | ||||||
16 | similar to the marking on the cards of a voter who requires
| ||||||
17 | assistance because of physical disability, except that the | ||||||
18 | marking shall be
of a different distinguishing color. Following | ||||||
19 | each election the cards of
any voter who has requested | ||||||
20 | assistance as a voter with a disability, and has stated
that | ||||||
21 | the disability is permanent, or who has received assistance | ||||||
22 | because of
inability to read the English language, shall be | ||||||
23 | marked in the same manner.
| ||||||
24 | (Source: P.A. 99-143, eff. 7-27-15.)
|
| |||||||
| |||||||
1 | (10 ILCS 5/6-35) (from Ch. 46, par. 6-35)
| ||||||
2 | Sec. 6-35. The Boards of Election Commissioners shall | ||||||
3 | provide a
sufficient number of blank forms for the registration | ||||||
4 | of electors which
shall be known as registration record cards | ||||||
5 | and which shall consist of
loose leaf sheets or cards, of | ||||||
6 | suitable size to contain in plain writing
and figures the data | ||||||
7 | hereinafter required thereon or shall consist of computer
cards | ||||||
8 | of suitable nature to contain the data required thereon. The | ||||||
9 | registration
record cards, which shall include an affidavit of | ||||||
10 | registration as
hereinafter provided, shall be executed in | ||||||
11 | duplicate. The duplicate of
which may be a carbon copy of the | ||||||
12 | original or a copy of the original
made by the use of other | ||||||
13 | method or material used for making simultaneous
true copies or | ||||||
14 | duplications.
| ||||||
15 | The registration record card shall contain the following | ||||||
16 | and such
other information as the Board of Election | ||||||
17 | Commissioners may think it
proper to require for the | ||||||
18 | identification of the applicant for
registration:
| ||||||
19 | Name. The name of the applicant, giving surname and first | ||||||
20 | or
Christian name in full, and the middle name or the initial | ||||||
21 | for such
middle name, if any.
| ||||||
22 | Sex.
| ||||||
23 | Residence. The name and number of the street, avenue, or | ||||||
24 | other
location of the dwelling, including the apartment, unit | ||||||
25 | or room number,
if any, and in the case of a mobile home the lot | ||||||
26 | number, and such additional
clear and definite description as |
| |||||||
| |||||||
1 | may be necessary to determine the exact
location of the | ||||||
2 | dwelling of the applicant, including post-office mailing
| ||||||
3 | address. In the case of a homeless individual, the individual's | ||||||
4 | voting
residence that is his or her mailing address shall be | ||||||
5 | included on his or her
registration record card.
| ||||||
6 | Term of residence in the State of Illinois and the | ||||||
7 | precinct.
| ||||||
8 | Nativity. The state or country in which the applicant was | ||||||
9 | born.
| ||||||
10 | Citizenship. Whether the applicant is native born or | ||||||
11 | naturalized. If
naturalized, the court, place, and date of | ||||||
12 | naturalization.
| ||||||
13 | Date of application for registration, i.e., the day, month | ||||||
14 | and year
when the applicant presented himself for registration.
| ||||||
15 | Age. Date of birth, by month, day and year.
| ||||||
16 | Disability Physical disability of the applicant, if any, at | ||||||
17 | the time of
registration, which would require assistance in | ||||||
18 | 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 registration and | ||||||
23 | 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 the | ||||||
26 | duplicate registration record card.
|
| |||||||
| |||||||
1 | Signature of deputy registrar.
| ||||||
2 | In case applicant is unable to sign his name, he may affix | ||||||
3 | his mark
to the affidavit. In such case the registration | ||||||
4 | officer shall write a
detailed description of the applicant in | ||||||
5 | the space provided at the
bottom of the card or sheet; and | ||||||
6 | shall ask the following questions and
record the answers | ||||||
7 | thereto:
| ||||||
8 | Father's first name .........................
| ||||||
9 | Mother's first name .........................
| ||||||
10 | From what address did you 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 | )ss
| ||||||
17 | County of ....... )
| ||||||
18 | I hereby swear (or affirm) that I am a citizen of the | ||||||
19 | United States,
that on the day of the next election I shall | ||||||
20 | have resided in the State
of Illinois and in the election | ||||||
21 | precinct 30 days and that I intend that
this location is my | ||||||
22 | residence; that I am fully qualified to
vote, and that the | ||||||
23 | above statements are true.
| ||||||
24 | ..............................
| ||||||
25 | (His or her signature or mark)
| ||||||
26 | Subscribed and sworn to before me on (insert date).
|
| |||||||
| |||||||
1 | ......................................
| ||||||
2 | Signature of registration officer
| ||||||
3 | (to be signed in presence of registrant).
| ||||||
4 | Space shall be provided upon the face of each registration | ||||||
5 | record
card for the notation of the voting record of the person | ||||||
6 | registered
thereon.
| ||||||
7 | Each registration record card shall be numbered according | ||||||
8 | to wards or
precincts, as the case may be, and may be serially | ||||||
9 | or otherwise marked
for identification in such manner as the | ||||||
10 | Board of Election Commissioners
may determine.
| ||||||
11 | The registration cards shall be deemed public records and | ||||||
12 | shall be
open to inspection during regular business hours, | ||||||
13 | except during the 27
days immediately preceding any election. | ||||||
14 | On written request of any
candidate or objector or any person | ||||||
15 | intending to object to a petition, the
election authority shall | ||||||
16 | extend its hours for inspection of registration
cards and other | ||||||
17 | records of the election authority during the period
beginning | ||||||
18 | with the filing of petitions under Sections 7-10, 8-8, 10-6 or
| ||||||
19 | 28-3 and continuing through the termination of electoral board | ||||||
20 | hearings on
any objections to petitions containing signatures | ||||||
21 | of registered voters in
the jurisdiction of the election | ||||||
22 | authority. The extension shall be for a
period of hours | ||||||
23 | sufficient to allow adequate opportunity for examination of
the | ||||||
24 | records but the election authority is not required to extend | ||||||
25 | its hours
beyond the period beginning at its normal opening for | ||||||
26 | 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 Board of | ||||||
15 | Election Commissioners within 10 days after
December 15 and May | ||||||
16 | 15 each year and within 10
days after each registration period | ||||||
17 | is closed to the State Board
of Elections in a
form prescribed | ||||||
18 | by the State Board. For the purposes of this Section, a
| ||||||
19 | registration period is closed 27 days before the date of any | ||||||
20 | regular
or special
election. Registration information shall
| ||||||
21 | include, but not be limited to, the following information: | ||||||
22 | name, sex,
residence, telephone number, if any, age, party | ||||||
23 | affiliation, if
applicable, precinct, ward, township, county, | ||||||
24 | and representative,
legislative and congressional districts. | ||||||
25 | In the event of noncompliance,
the State Board of Elections is | ||||||
26 | directed to obtain compliance forthwith
with this |
| |||||||
| |||||||
1 | nondiscretionary duty of the election authority by instituting
| ||||||
2 | legal proceedings in the circuit court of the county in which | ||||||
3 | the election
authority maintains the registration information. | ||||||
4 | The costs of furnishing
updated copies of tapes or discs shall | ||||||
5 | be paid at a rate of $.00034
per name of registered voters in | ||||||
6 | the election jurisdiction, but not less
than $50 per tape or | ||||||
7 | disc and shall be paid from appropriations made to the
State | ||||||
8 | Board of Elections for reimbursement to the election authority | ||||||
9 | for
such purpose. The State Board shall furnish copies of such | ||||||
10 | tapes, discs,
other electronic data or compilations thereof to | ||||||
11 | state 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 Board | ||||||
5 | of
Election Commissioners to local political committees and | ||||||
6 | governmental entities at their request and at a
reasonable | ||||||
7 | cost. Reasonable cost of the tapes, discs, et cetera for
this | ||||||
8 | purpose would be the cost of duplication plus 15% for
| ||||||
9 | administration. The individual representing a political | ||||||
10 | committee
requesting copies of such tapes shall make a sworn | ||||||
11 | affidavit that the
information shall be used only for bona fide | ||||||
12 | political purposes,
including by or for candidates for office | ||||||
13 | or incumbent office holders.
Such tapes, discs or other | ||||||
14 | electronic data shall not be used under any
circumstances by | ||||||
15 | any political committee or individuals for purposes of
| ||||||
16 | commercial solicitation or other business purposes. If such | ||||||
17 | tapes
contain information on county residents related to the | ||||||
18 | operations of
county government in addition to registration | ||||||
19 | information, that
information shall not be used under any | ||||||
20 | circumstances for commercial
solicitation or other business | ||||||
21 | purposes. The prohibition in this
Section against using the | ||||||
22 | computer tapes or computer discs or other
electronic data | ||||||
23 | processing information containing voter registration
| ||||||
24 | information for purposes of commercial solicitation or other | ||||||
25 | business
purposes shall be prospective only from the effective | ||||||
26 | date of this
amended Act of 1979. Any person who violates this |
| |||||||
| |||||||
1 | provision shall be
guilty of 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.
| ||||||
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 ..... Having moved out of your | ||||||
22 | (county), (city), I
hereby authorize you to cancel that | ||||||
23 | registration in your office.
| ||||||
24 | Dated at ...., Illinois, on (insert date).
| ||||||
25 | ....................
| ||||||
26 | (Signature of Voter)
|
| |||||||
| |||||||
1 | Attest ...., Clerk, Election Commission of the City of....,
| ||||||
2 | Illinois.
| ||||||
3 | The cancellation certificate shall be mailed immediately | ||||||
4 | by the clerk
of the Election Commission to the county clerk, | ||||||
5 | (or Election Commission
as the case may be) where the applicant | ||||||
6 | was formerly registered. Receipt
of such certificate shall be | ||||||
7 | full authority for cancellation of any
previous registration.
| ||||||
8 | (Source: P.A. 98-115, eff. 10-1-13; 99-522, eff. 6-30-16.)
| ||||||
9 | (10 ILCS 5/6-35.01) (from Ch. 46, par. 6-35.01)
| ||||||
10 | Sec. 6-35.01.
If an applicant for registration reports a | ||||||
11 | permanent physical
disability which would require assistance | ||||||
12 | in voting, the board of election
commissioners shall mark all | ||||||
13 | his registration cards in the right margin on
the front of the | ||||||
14 | card with a band of ink running the full margin which
shall be | ||||||
15 | of contrast to, and easily distinguishable from, the color of | ||||||
16 | the
card. If an applicant for registration declares upon | ||||||
17 | properly witnessed
oath, with his signature or mark affixed, | ||||||
18 | that he cannot read the English
language and that he will | ||||||
19 | require assistance in voting, all his
registration cards shall | ||||||
20 | be marked in a manner similar to the marking on
the cards of a | ||||||
21 | voter who requires assistance because of physical
disability, | ||||||
22 | except that the marking shall be of a different distinguishing
| ||||||
23 | color. Following each election the cards of any voter who has | ||||||
24 | requested
assistance as a voter with a disability, and has | ||||||
25 | stated that the disability is
permanent, or who has received |
| |||||||
| |||||||
1 | assistance because of inability to read the
English language, | ||||||
2 | shall be marked in the same manner.
| ||||||
3 | (Source: P.A. 99-143, eff. 7-27-15.)
| ||||||
4 | (10 ILCS 5/7-47.1) (from Ch. 46, par. 7-47.1)
| ||||||
5 | Sec. 7-47.1.
(a) In the case of an emergency, as determined | ||||||
6 | by the
State Board of Elections, or if the Board determines | ||||||
7 | that all potential
polling places have been surveyed by the | ||||||
8 | election authority and that no
accessible polling place, as | ||||||
9 | defined by rule of the State Board of
Elections, is available | ||||||
10 | within a precinct nor is the election authority
able to make a | ||||||
11 | polling place within the precinct temporarily accessible,
the | ||||||
12 | Board, upon written application by the election authority, is
| ||||||
13 | authorized to grant an exemption from the accessibility | ||||||
14 | requirements of the
Federal Voting Accessibility for the | ||||||
15 | Elderly and Handicapped Act (Public
Law 98-435). Such exemption | ||||||
16 | shall be valid for a period of 2 years.
| ||||||
17 | (b) Any temporarily or permanently physically disabled | ||||||
18 | voter who,
because of structural features of the building in | ||||||
19 | which the polling place
is located, is unable to access or | ||||||
20 | enter the polling place, may request
that 2 judges of election | ||||||
21 | of opposite party affiliation deliver a ballot to
him or her at | ||||||
22 | the point where he or she is unable to continue forward
motion | ||||||
23 | toward the polling place; but, in no case, shall a ballot be
| ||||||
24 | delivered to the voter beyond 50 feet of the entrance to the | ||||||
25 | building in
which the polling place is located. Such request |
| |||||||
| |||||||
1 | shall be made to the
election authority not later than the | ||||||
2 | close of business at the election
authority's office on the day | ||||||
3 | before the election and on a form prescribed
by the State Board | ||||||
4 | of Elections. The election authority shall notify the
judges of | ||||||
5 | election for the appropriate precinct polling places of such | ||||||
6 | requests.
| ||||||
7 | Weather permitting, 2 judges of election shall deliver to | ||||||
8 | the
disabled voter the ballot which he or she is entitled to | ||||||
9 | vote, a portable
voting booth or other enclosure that will | ||||||
10 | allow such voter to mark his or
her ballot in secrecy, and a | ||||||
11 | marking device.
| ||||||
12 | (c) The voter must complete the entire voting process, | ||||||
13 | including the
application for ballot from which the judges of | ||||||
14 | election shall compare the
voter's signature with the signature | ||||||
15 | on his or her registration record card
in the precinct binder.
| ||||||
16 | After the voter has marked his or her ballot and placed it | ||||||
17 | in the
ballot envelope (or folded it in the manner prescribed | ||||||
18 | for paper ballots),
the 2 judges of election shall return the | ||||||
19 | ballot to the polling place and
give it to the judge in charge | ||||||
20 | of the ballot box who shall deposit it therein.
| ||||||
21 | Pollwatchers as provided in Sections 7-34 and 17-23 of this | ||||||
22 | Code shall
be permitted to accompany the judges and observe the | ||||||
23 | above procedure.
| ||||||
24 | No assistance may be given to such voter in marking his or | ||||||
25 | her ballot,
unless the voter requests assistance and completes | ||||||
26 | the affidavit required
by Section 17-14 of this Code.
|
| |||||||
| |||||||
1 | (Source: P.A. 84-808.)
| ||||||
2 | (10 ILCS 5/7-48) (from Ch. 46, par. 7-48)
| ||||||
3 | Sec. 7-48.
Any primary elector who may declare upon oath, | ||||||
4 | properly
witnessed and with his or her signature or mark | ||||||
5 | affixed, that he or she
requires assistance to vote by reason | ||||||
6 | of blindness, physical disability or
inability to read, write | ||||||
7 | or speak the English language, shall, upon
request, be assisted | ||||||
8 | in marking his or her primary ballot in the same
manner as | ||||||
9 | provided by this Act for general elections.
| ||||||
10 | (Source: P.A. 84-808.)
| ||||||
11 | (10 ILCS 5/12-1) (from Ch. 46, par. 12-1)
| ||||||
12 | Sec. 12-1. At least 75 60 days prior to each general and | ||||||
13 | consolidated election,
the election authority shall provide | ||||||
14 | public notice, calculated to reach
elderly voters and voters | ||||||
15 | with disabilities, of the availability of registration and
| ||||||
16 | voting aids under the Federal Voting Accessibility for the | ||||||
17 | Elderly and
Handicapped Act, of the availability of assistance | ||||||
18 | in marking the ballot,
procedures for voting by vote by mail | ||||||
19 | ballot, and procedures for voting
early by personal appearance.
| ||||||
20 | At least 30 days before any general election, and at least | ||||||
21 | 20 days
before any special congressional election, the
county | ||||||
22 | clerk shall publish a notice of the election in 2 or more
| ||||||
23 | newspapers published in the county, city, village,
| ||||||
24 | incorporated town or town, as the case may be, or if there is |
| |||||||
| |||||||
1 | no such
newspaper, then in any 2 or more newspapers published | ||||||
2 | in the
county and having a general circulation throughout the | ||||||
3 | community. The
notice may be substantially as follows:
| ||||||
4 | Notice is hereby given that on (give date), at (give the | ||||||
5 | place of
holding the election and the name of the precinct or | ||||||
6 | district) in the
county of (name county), an election will be | ||||||
7 | held for (give the title of
the several offices to be filled), | ||||||
8 | which election will be open at 6:00
a.m. and continued open | ||||||
9 | until 7:00 p.m. of that day.
| ||||||
10 | Dated at .... on (insert date).
| ||||||
11 | (Source: P.A. 98-1171, eff. 6-1-15; 99-143, eff. 7-27-15.)
| ||||||
12 | (10 ILCS 5/17-14) (from Ch. 46, par. 17-14)
| ||||||
13 | Sec. 17-14. Any voter who declares upon oath, properly | ||||||
14 | witnessed and with
his or her signature or mark affixed, that | ||||||
15 | he or she requires
assistance to vote by reason of blindness, | ||||||
16 | physical disability or inability
to read, write or speak the | ||||||
17 | English language shall, upon request, be
assisted in marking | ||||||
18 | his or her ballot, by 2 judges of
election of different | ||||||
19 | political parties, to be selected by all
judges of election of | ||||||
20 | each precinct at the opening of the polls or by a
person of the | ||||||
21 | voter's choice, other than the voter's employer or agent of
| ||||||
22 | that employer or officer or agent of the voter's union. A
voter | ||||||
23 | who presents an Illinois Person with a Disability | ||||||
24 | Identification Card, issued
to that person under the provisions | ||||||
25 | of the Illinois Identification Card
Act, indicating that such |
| |||||||
| |||||||
1 | voter has a Class 1A or Class 2 disability under
the provisions | ||||||
2 | of Section 4A of the Illinois Identification Card Act, or a
| ||||||
3 | voter who declares upon oath, properly witnessed, that by | ||||||
4 | reason of any
physical
disability he is unable to mark his | ||||||
5 | ballot shall, upon request, be assisted
in marking his ballot | ||||||
6 | by 2 of the election officers of different parties as
provided | ||||||
7 | above in this Section or by a person of the voter's choice | ||||||
8 | other
than the voter's employer or agent of that employer or | ||||||
9 | officer or agent of
the voter's union. Such voter shall state | ||||||
10 | specifically the
reason why he cannot vote without assistance | ||||||
11 | and, in the case of a
voter with a physical disability, what | ||||||
12 | his physical disability is. Prior to entering the voting
booth,
| ||||||
13 | the person providing the assistance, if other than 2 judges of | ||||||
14 | election,
shall be presented with written instructions on how | ||||||
15 | assistance shall be
provided.
This instruction shall be | ||||||
16 | prescribed by the State Board of Elections and shall
include | ||||||
17 | the penalties for attempting to influence the voter's choice of
| ||||||
18 | candidates, party, or votes in relation to any question on the | ||||||
19 | ballot and for
not marking the ballot as directed by the voter. | ||||||
20 | Additionally, the person
providing the assistance shall sign an | ||||||
21 | oath, swearing not to influence the
voter's choice of | ||||||
22 | candidates, party, or votes in relation to any question on
the | ||||||
23 | ballot and to cast the ballot as directed by the voter. The | ||||||
24 | oath shall be
prescribed by the State Board of Elections and | ||||||
25 | shall include the penalty for
violating this Section. In the | ||||||
26 | voting booth, such person
shall mark the
ballot as directed by |
| |||||||
| |||||||
1 | the voter, and shall thereafter give no information
regarding | ||||||
2 | the same. The judges of election shall enter upon the poll | ||||||
3 | lists
or official poll record after the name of any elector who | ||||||
4 | received such
assistance in marking his ballot a memorandum of | ||||||
5 | the fact and if the
disability is permanent. Intoxication shall | ||||||
6 | not be regarded as a physical
disability, and no intoxicated | ||||||
7 | person shall be entitled to assistance in
marking his ballot.
| ||||||
8 | No person shall secure or attempt to secure assistance in | ||||||
9 | voting who is
not blind, a person with a physical disability, | ||||||
10 | or illiterate as herein provided, nor shall any
person | ||||||
11 | knowingly assist a voter in voting contrary to the
provisions | ||||||
12 | of this Section.
| ||||||
13 | (Source: P.A. 99-143, eff. 7-27-15.)
| ||||||
14 | (10 ILCS 5/19-5) (from Ch. 46, par. 19-5) | ||||||
15 | Sec. 19-5. It shall be the duty of the election authority | ||||||
16 | to fold the
ballot or ballots in the manner specified by the | ||||||
17 | statute for folding
ballots prior to their deposit in the | ||||||
18 | ballot box, and to enclose such
ballot or ballots in an | ||||||
19 | envelope unsealed to be furnished by him, which
envelope shall | ||||||
20 | bear upon the face thereof the name, official title and
post | ||||||
21 | office address of the election authority, and upon the other | ||||||
22 | side
a printed certification in substantially the
following | ||||||
23 | form:
| ||||||
24 | I state that I am a resident of the .... precinct of the | ||||||
25 | (1)
*township of .... (2) *City of .... or (3) *.... ward in |
| |||||||
| |||||||
1 | the city of
.... residing at .... in such city or town in the | ||||||
2 | county of .... and
State of Illinois, that I have lived at such | ||||||
3 | address for .... months
last past; and that I am lawfully | ||||||
4 | entitled to vote in such precinct at the
.... election to be | ||||||
5 | held on .....
| ||||||
6 | *fill in either (1), (2) or (3).
| ||||||
7 | I further state that I personally marked the enclosed | ||||||
8 | ballot in secret.
| ||||||
9 | Under penalties of perjury as provided by law pursuant to | ||||||
10 | Section 29-10
of The Election Code, the undersigned certifies | ||||||
11 | that the statements set
forth in this certification are true | ||||||
12 | and correct.
| ||||||
13 | .......................
| ||||||
14 | If the ballot is to go to an elector who is physically | ||||||
15 | incapacitated and needs assistance marking the ballot,
the | ||||||
16 | envelope shall bear upon the back thereof a certification in
| ||||||
17 | substantially the following form:
| ||||||
18 | I state that I am a resident of the .... precinct of the | ||||||
19 | (1)
*township of .... (2) *City of .... or (3) *.... ward in | ||||||
20 | the city of
.... residing at .... in such city or town in the | ||||||
21 | county of .... and
State of Illinois, that I have lived at such | ||||||
22 | address for .... months
last past; that I am lawfully entitled | ||||||
23 | to vote in such precinct at the
.... election to be held on | ||||||
24 | ....; that I am physically incapable
of personally marking the | ||||||
25 | ballot for
such election.
| ||||||
26 | *fill in either (1), (2) or (3).
|
| |||||||
| |||||||
1 | I further state that I marked the enclosed ballot in secret | ||||||
2 | with the assistance of
| ||||||
3 | .................................
| ||||||
4 | (Individual rendering assistance)
| ||||||
5 | .................................
| ||||||
6 | (Residence Address)
| ||||||
7 | Under penalties of perjury as provided by law pursuant to | ||||||
8 | Section 29-10
of The Election Code, the undersigned certifies | ||||||
9 | that the statements set forth
in this certification are true | ||||||
10 | and correct.
| ||||||
11 | .......................
| ||||||
12 | In the case of a voter with a physical
incapacity, marking | ||||||
13 | a ballot in secret includes marking a ballot with the
| ||||||
14 | assistance of another individual, other than a candidate
whose | ||||||
15 | name appears on the ballot (unless the voter is the spouse or a
| ||||||
16 | parent, child, brother, or sister of the candidate),
the | ||||||
17 | voter's employer, an
agent of that employer, or an officer or | ||||||
18 | agent of the voter's union, when
the voter's physical | ||||||
19 | incapacity necessitates such assistance.
| ||||||
20 | In the case of a physically incapacitated voter, marking a | ||||||
21 | ballot in secret includes marking a ballot with the
assistance | ||||||
22 | of another individual, other than a candidate
whose name | ||||||
23 | appears on the ballot (unless the voter is the spouse or a
| ||||||
24 | parent, child, brother, or sister of the candidate), the | ||||||
25 | voter's
employer, an
agent of that employer, or an officer or | ||||||
26 | agent of the voter's union, when
the voter's physical |
| |||||||
| |||||||
1 | incapacity necessitates such assistance.
| ||||||
2 | Provided, that if the ballot enclosed is to be voted at a | ||||||
3 | primary
election, the certification shall designate the name of | ||||||
4 | the political
party with which the voter is affiliated.
| ||||||
5 | In addition to the above, the election authority shall | ||||||
6 | provide
printed slips giving full instructions regarding the | ||||||
7 | manner of marking
and returning the ballot in order that the | ||||||
8 | same may be counted, and
shall furnish one of such printed | ||||||
9 | slips to each of such applicants at
the same time the ballot is | ||||||
10 | delivered to him.
Such instructions shall include the following | ||||||
11 | statement: "In signing the
certification on the vote by mail | ||||||
12 | ballot envelope, you are attesting that you
personally marked | ||||||
13 | this vote by mail ballot in secret. If you are physically
| ||||||
14 | unable to mark the ballot, a friend or relative may assist you | ||||||
15 | after
completing the enclosed affidavit. Federal and State laws | ||||||
16 | prohibit a
candidate whose name appears on the ballot (unless | ||||||
17 | you
are the spouse or a parent, child, brother, or sister of | ||||||
18 | the candidate), your
employer, your employer's agent or an | ||||||
19 | officer or agent of your union
from assisting voters with | ||||||
20 | physical disabilities."
| ||||||
21 | In addition to the above, if a ballot to be provided to an | ||||||
22 | elector
pursuant to this Section contains a public question | ||||||
23 | described in subsection
(b) of Section 28-6 and the territory | ||||||
24 | concerning which the question is
to be submitted is not | ||||||
25 | described on the ballot due to the space limitations
of such | ||||||
26 | ballot, the election authority shall provide a printed copy of
|
| |||||||
| |||||||
1 | a notice of the public question, which shall include a | ||||||
2 | description of the
territory in the manner required by Section | ||||||
3 | 16-7. The notice shall be
furnished to the elector at the same | ||||||
4 | time the ballot is delivered to the
elector.
| ||||||
5 | (Source: P.A. 98-1171, eff. 6-1-15; 99-143, eff. 7-27-15.)
| ||||||
6 | (10 ILCS 5/19A-40)
| ||||||
7 | Sec. 19A-40. Enclosure of ballots in envelope. It is the | ||||||
8 | duty of the election judge or official to fold the
ballot or | ||||||
9 | ballots in the manner specified by the statute for folding
| ||||||
10 | ballots prior to their deposit in the ballot box, and to | ||||||
11 | enclose the
ballot or ballots in an envelope unsealed to be | ||||||
12 | furnished by him or her, which
envelope shall bear upon the | ||||||
13 | face thereof the name, official title, and
post office address | ||||||
14 | of the election authority, and upon the other side
a printed | ||||||
15 | certification in substantially the
following form:
| ||||||
16 | I state that I am a resident of the .... precinct of the | ||||||
17 | (1)
*township of .... (2) *City of .... or (3) *.... ward in | ||||||
18 | the city of
.... residing at .... in that city or town in the | ||||||
19 | county of .... and
State of Illinois, that I have lived at that | ||||||
20 | address for .... months
last past; that I am lawfully entitled | ||||||
21 | to vote in that precinct at the
.... election to be held on | ||||||
22 | .... .
| ||||||
23 | *fill in either (1), (2) or (3).
| ||||||
24 | I further state that I personally marked the enclosed | ||||||
25 | ballot in secret.
|
| |||||||
| |||||||
1 | Under penalties of perjury as provided by law pursuant to | ||||||
2 | Section 29-10
of the Election Code, the undersigned certifies | ||||||
3 | that the statements set
forth in this certification are true | ||||||
4 | and correct.
| ||||||
5 | .......................
| ||||||
6 | If the ballot enclosed is to be voted at a primary
| ||||||
7 | election, the certification shall designate the name of the | ||||||
8 | political
party with which the voter is affiliated.
| ||||||
9 | In addition to the above, the election authority shall | ||||||
10 | provide
printed slips giving full instructions regarding the | ||||||
11 | manner of marking
and returning the ballot in order that the | ||||||
12 | same may be counted, and
shall furnish one of the printed slips | ||||||
13 | to each of such applicants at
the same time the ballot is | ||||||
14 | delivered to him or her.
The instructions shall include the | ||||||
15 | following statement: "In signing the
certification on the early | ||||||
16 | ballot envelope, you are attesting that you
personally marked | ||||||
17 | this early ballot in secret.
If you are physically unable to | ||||||
18 | mark the ballot, a friend or relative may
assist you. Federal | ||||||
19 | and State laws prohibit your employer, your employer's
agent, | ||||||
20 | or an officer or agent of your union from assisting voters with | ||||||
21 | physical disabilities."
| ||||||
22 | In addition to the above, if a ballot to be provided to a | ||||||
23 | voter
pursuant to this Section contains a public question | ||||||
24 | described in subsection
(b) of Section 28-6 and the territory | ||||||
25 | concerning which the question is
to be submitted is not | ||||||
26 | described on the ballot due to the space limitations
of the |
| |||||||
| |||||||
1 | ballot, the election authority shall provide a printed copy of
| ||||||
2 | a notice of the public question, which shall include a | ||||||
3 | description of the
territory in the manner required by Section | ||||||
4 | 16-7. The notice shall be
furnished to the voter at the same | ||||||
5 | time the ballot is delivered to the
voter.
| ||||||
6 | (Source: P.A. 99-143, eff. 7-27-15.)
| ||||||
7 | (10 ILCS 5/24C-11)
| ||||||
8 | Sec. 24C-11. Functional requirements. A Direct Recording | ||||||
9 | Electronic Voting System shall, in
addition to satisfying the | ||||||
10 | other requirements of this Article,
fulfill the following | ||||||
11 | functional requirements:
| ||||||
12 | (a) Provide a voter in a primary election with the means
of | ||||||
13 | casting a ballot containing votes for any and all candidates
of | ||||||
14 | the party or parties of his or her choice, and for any and
all | ||||||
15 | non-partisan candidates and public questions and preclude
the | ||||||
16 | voter from voting for any candidate of any other political
| ||||||
17 | party except when legally permitted. In a general election, the
| ||||||
18 | system shall provide the voter with means of selecting the
| ||||||
19 | appropriate number of candidates for any office, and of voting
| ||||||
20 | on any public question on the ballot to which he or she is
| ||||||
21 | entitled to vote.
| ||||||
22 | (b) If a voter is not entitled to vote for particular
| ||||||
23 | candidates or public questions appearing on the ballot, the
| ||||||
24 | system shall prevent the selection of the prohibited votes.
| ||||||
25 | (c) Once the proper ballot has been selected, the
system |
| |||||||
| |||||||
1 | devices shall provide a means of enabling the recording
of | ||||||
2 | votes and the casting of said ballot.
| ||||||
3 | (d) System voting devices shall provide voting choices
that | ||||||
4 | are clear to the voter and labels indicating the names of
every | ||||||
5 | candidate and the text of every public question on the
voter's | ||||||
6 | ballot. Each label shall identify the selection button
or | ||||||
7 | switch, or the active area of the ballot associated with it.
| ||||||
8 | The system shall be able to incorporate minimal, easy-to-follow
| ||||||
9 | on-screen instruction for the voter on how to cast a ballot.
| ||||||
10 | (e) Voting devices shall (i) enable the voter to vote for
| ||||||
11 | any and all candidates and public questions appearing on the
| ||||||
12 | ballot for which the voter is lawfully entitled to vote, in any
| ||||||
13 | legal number and combination; (ii) detect and reject all votes
| ||||||
14 | for an office or upon a public question when the voter has cast
| ||||||
15 | more votes for the office or upon the public question than the
| ||||||
16 | voter is entitled to cast; (iii) notify the voter if the | ||||||
17 | voter's
choices as recorded on the ballot for an office or | ||||||
18 | public
question are fewer than or exceed the number that the | ||||||
19 | voter is
entitled to vote for on that office or public question | ||||||
20 | and the
effect of casting more or fewer votes than legally | ||||||
21 | permitted; (iv) notify
the voter if the voter has failed to | ||||||
22 | completely cast a vote for
an office or public question | ||||||
23 | appearing on the ballot; and (v)
permit the voter, in a private | ||||||
24 | and independent manner, to verify
the votes selected by the | ||||||
25 | voter, to change the ballot or to
correct any error on the | ||||||
26 | ballot before the ballot is completely cast and
counted. A |
| |||||||
| |||||||
1 | means shall be provided to indicate each selection
after it has | ||||||
2 | been made or canceled.
| ||||||
3 | (f) System voting devices shall provide a means for the
| ||||||
4 | voter to signify that the selection of candidates and public
| ||||||
5 | questions has been completed. Upon activation, the system shall
| ||||||
6 | record an image of the completed ballot, increment the proper
| ||||||
7 | ballot position registers, and shall signify to the voter that
| ||||||
8 | the ballot has been cast. The system shall then prevent any
| ||||||
9 | further attempt to vote until it has been reset or re-enabled | ||||||
10 | by
a judge of election.
| ||||||
11 | (g) Each system voting device shall be equipped with a
| ||||||
12 | public counter that can be set to zero prior to the opening of
| ||||||
13 | the polling place, and that records the number of ballots cast
| ||||||
14 | at a particular election. The counter shall be incremented only
| ||||||
15 | by the casting of a ballot. The counter shall be designed to
| ||||||
16 | prevent disabling or resetting by other than authorized persons
| ||||||
17 | after the polls close. The counter shall be visible to all
| ||||||
18 | judges of election so long as the device is installed at the
| ||||||
19 | polling place.
| ||||||
20 | (h) Each system voting device shall be equipped with a
| ||||||
21 | protective counter that records all of the testing and election
| ||||||
22 | ballots cast since the unit was built. This counter shall be
| ||||||
23 | designed so that its reading cannot be changed by any cause
| ||||||
24 | other than the casting of a ballot. The protective counter
| ||||||
25 | shall be incapable of ever being reset and it shall be visible
| ||||||
26 | at all times when the device is configured for testing,
|
| |||||||
| |||||||
1 | maintenance, or election use.
| ||||||
2 | (i) All system devices shall provide a means of preventing
| ||||||
3 | further voting once the polling place has closed and after all
| ||||||
4 | eligible voters have voted. Such means of control shall
| ||||||
5 | incorporate a visible indication of system status. Each device
| ||||||
6 | shall prevent any unauthorized use, prevent tampering with
| ||||||
7 | ballot labels and preclude its re-opening once the poll closing
| ||||||
8 | has been completed for that election.
| ||||||
9 | (j) The system shall produce a printed summary report of
| ||||||
10 | the votes cast upon each voting device. Until the proper
| ||||||
11 | sequence of events associated with closing the polling place | ||||||
12 | has
been completed, the system shall not allow the printing of | ||||||
13 | a
report or the extraction of data. The printed report shall | ||||||
14 | also
contain all system audit information to be required by the
| ||||||
15 | election authority. Data shall not be altered or otherwise
| ||||||
16 | destroyed by report generation and the system shall ensure the
| ||||||
17 | integrity and security of data for a period of at least 6 | ||||||
18 | months
after the polls close.
| ||||||
19 | (k) If more than one voting device is used in a polling
| ||||||
20 | place, the system shall provide a means to manually or
| ||||||
21 | electronically consolidate the data from all such units into a
| ||||||
22 | single report even if different voting systems are used to
| ||||||
23 | record ballots. The system shall also be capable of
merging the | ||||||
24 | vote tabulation results produced by other vote
tabulation | ||||||
25 | systems, if necessary.
| ||||||
26 | (l) System functions shall be implemented such that
|
| |||||||
| |||||||
1 | unauthorized access to them is prevented and the execution of
| ||||||
2 | authorized functions in an improper sequence is precluded.
| ||||||
3 | System functions shall be executable only in the intended | ||||||
4 | manner
and order, and only under the intended conditions. If | ||||||
5 | the
preconditions to a system function have not been met, the
| ||||||
6 | function shall be precluded from executing by the system's
| ||||||
7 | control logic.
| ||||||
8 | (m) All system voting devices shall incorporate at least 3
| ||||||
9 | memories in the machine itself and in its programmable memory
| ||||||
10 | devices.
| ||||||
11 | (n) The system shall include capabilities of recording and
| ||||||
12 | reporting the date and time of normal and abnormal events and | ||||||
13 | of
maintaining a permanent record of audit information that | ||||||
14 | cannot
be turned off. Provisions shall be made to detect and | ||||||
15 | record
significant events (e.g., casting a ballot, error | ||||||
16 | conditions
that cannot be disposed of by the system itself, | ||||||
17 | time-dependent
or programmed events that occur without the | ||||||
18 | intervention of the
voter or a judge of election).
| ||||||
19 | (o) The system and each system voting device must be
| ||||||
20 | capable of creating, printing and maintaining a permanent paper
| ||||||
21 | record and an electronic image of each ballot that is cast such
| ||||||
22 | that records of individual ballots are maintained by a | ||||||
23 | subsystem
independent and distinct from the main vote | ||||||
24 | detection,
interpretation, processing and reporting path. The | ||||||
25 | electronic
images of each ballot must protect the integrity of | ||||||
26 | the data and
the anonymity of each voter, for example, by means |
| |||||||
| |||||||
1 | of storage
location scrambling. The ballot image records may be | ||||||
2 | either
machine-readable or manually transcribed, or both, at | ||||||
3 | the
discretion of the election authority.
| ||||||
4 | (p) The system shall include built-in test, measurement
and | ||||||
5 | diagnostic software and hardware for detecting and reporting
| ||||||
6 | the system's status and degree of operability.
| ||||||
7 | (q) The system shall contain provisions for maintaining
the | ||||||
8 | integrity of memory voting and audit data during an election
| ||||||
9 | and for a period of at least 6 months thereafter and shall
| ||||||
10 | provide the means for creating an audit trail.
| ||||||
11 | (r) The system shall be fully accessible so as to permit | ||||||
12 | blind or
visually impaired voters as well as voters with | ||||||
13 | physical disabilities
to exercise their right to vote in | ||||||
14 | private and without
assistance.
| ||||||
15 | (s) The system shall provide alternative language
| ||||||
16 | accessibility if required pursuant to Section 203 of the Voting
| ||||||
17 | Rights Act of 1965.
| ||||||
18 | (t) Each voting device shall enable a voter to vote for a
| ||||||
19 | person whose name does not appear on the ballot.
| ||||||
20 | (u) The system shall record and count accurately each vote
| ||||||
21 | properly cast for or against any candidate and for or against
| ||||||
22 | any public question, including the names of all candidates | ||||||
23 | whose
names are written in by the voters.
| ||||||
24 | (v) The system shall allow for accepting provisional
| ||||||
25 | ballots and for separating such provisional ballots from
| ||||||
26 | precinct totals until authorized by the election authority.
|
| |||||||
| |||||||
1 | (w) The system shall provide an effective audit trail as
| ||||||
2 | defined in Section 24C-2 in this Code.
| ||||||
3 | (x) The system shall be suitably designed for the purpose
| ||||||
4 | used, be durably constructed, and be designed for safety,
| ||||||
5 | accuracy and efficiency.
| ||||||
6 | (y) The system shall comply with all provisions of
federal, | ||||||
7 | State and local election laws and regulations and any
future | ||||||
8 | modifications to those laws and regulations.
| ||||||
9 | (Source: P.A. 98-1171, eff. 6-1-15; 99-143, eff. 7-27-15.)
|