Bill Text: IL HB0575 | 2025-2026 | 104th General Assembly | Engrossed
Bill Title: Amends the Election Code. Provides that, in the case of petitions for the office of multi-township assessor, petitions shall be filed with the election authority not more than 141 (currently, 113 days) nor less than 134 days before the consolidated election. Provides that an election authority shall, except as otherwise provided under the Code, allow a voter who is in line to vote at the time an early voting polling place closes to cast a ballot. In provisions concerning primary election ballots, provides that the lettering of candidate names on a ballot shall be in both capital and lowercase letters in conformance with standard English language guidelines, unless compliance is not feasible due to the election system used by the election authority. Provides that election authorities may authorize service of objections to candidate nominations through electronic mail in lieu of personal service under specified circumstances. Requires each election authority to post certain election results on its website. Creates the universal vote centers pilot program. Sets forth provisions concerning name standardization. Requires election authorities to establish curbside voting for individuals with disabilities. Provides that, for specified applications, change of address forms, or recertifications of a driver's license or State identification card, the application, form, or recertification shall serve as a dual-purpose application when the applicant presents specified identification (rather than meets the requirements of the federal REAL ID Act of 2005). Modifies requirements of the dual-purpose application. Modifies the content of the written notice required to be given by the Office of the Secretary of State to each applicant and requires the Office of the Secretary of State to determine whether each applicant is currently registered to vote in Illinois and the applicant's registration address. Provides that, if an applicant provides the Secretary of State with an identification document which demonstrates that the applicant is not a United States citizen, the application shall not serve as a dual-purpose application. Requires election authorities to establish a website for eligible voters to request vote by mail ballots. Authorizes a reduction in the number of election judges in each precinct. Provides that an election authority shall test the voting devices and equipment in 5% of the voting devices used in early voting and at vote centers (rather than 5% of the voting devices used in early voting). Amends the Illinois Vehicle Code to make conforming changes. Amends the Downstate Forest Preserve District to correct a cross-reference to a Public Act. Amends the State Officials and Employees Ethics Act. Provides that a prohibition on fundraising during session does not apply to a constitutional officer of the executive branch or a General Assembly member who is a candidate for federal office if the fundraising function is held outside of Sangamon County. Makes changes in provisions concerning personnel policies and ethics commissions. Amends the School Code. In the School Board Association Article of the Code, provides that a school board association may offer and provide scholarships or other reimbursements to school board members, and a school board member may receive scholarships or other reimbursements from an association for reasonable travel and lodging expenses to attend meetings or other events hosted by the association which are reasonably related to the school board member's duties and will contribute to the professional development of the school board member. In the Chicago School District Article of the Code, provides that all petitions for the nomination of members of the Chicago Board of Education shall be filed with the board of election commissioners and shall be prepared, filed, and certified as outlined in the Election Code (rather than providing that all petitions for the nomination of members of the Chicago Board of Education shall be filed with the board of election commissioners within the time provided for in the Election Code, except that petitions for the nomination of members of the Chicago Board of Education for the 2024 general election shall be prepared and certified as outlined in the Election Code). In the Educational Service Regions Article of the School Code, provides that, when a vacancy occurs in the office of regional superintendent of schools and more than 28 months remain in that term and the vacancy occurs at least 130 days before the next general election, appointment to fill the vacancy shall be until the next general election (rather than if more than 28 months remain in that term, the appointment shall be until the next general election). In the School Board and Chicago Board of Education Articles of the School Code, provides that, beginning with the 2026-2027 school year, the school district shall provide all eligible students graduating from high school with the opportunity to register to vote. Amends the Metropolitan Water Reclamation District Act. Makes a change concerning compensation of the members of the board. Amends the Open Meetings Act, if and only if Senate Bill 243 of the 104th General Assembly becomes law, to make a change in provisions regarding meetings on election days. Makes other changes. Effective immediately.
Sponsorship: Partisan Bill (Democrat 4)
Status: (Introduced - Dead) 2026-04-17 - Rule 19(a) / Re-referred to Rules Committee [HB0575 Detail]
Download: Illinois-2025-HB0575-Engrossed.html
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| 1 | AN ACT concerning government. | ||||||
| 2 | Be it enacted by the People of the State of Illinois, | ||||||
| 3 | represented in the General Assembly: | ||||||
| 4 | Article 5. | ||||||
| 5 | Section 5-5. The Election Code is amended by changing | ||||||
| 6 | Section 10-6 as follows: | ||||||
| 7 | (10 ILCS 5/10-6) (from Ch. 46, par. 10-6) | ||||||
| 8 | Sec. 10-6. Time and manner of filing. Except as otherwise | ||||||
| 9 | provided in this Code, certificates of nomination and | ||||||
| 10 | nomination papers for the nomination of candidates for offices | ||||||
| 11 | to be filled by electors of the entire State, or any district | ||||||
| 12 | not entirely within a county, or for congressional, state | ||||||
| 13 | legislative or judicial offices, shall be presented to the | ||||||
| 14 | principal office of the State Board of Elections not more than | ||||||
| 15 | 169 nor less than 162 days previous to the day of election for | ||||||
| 16 | which the candidates are nominated. The State Board of | ||||||
| 17 | Elections shall endorse the certificates of nomination or | ||||||
| 18 | nomination papers, as the case may be, and the date and hour of | ||||||
| 19 | presentment to it. Except as otherwise provided in this Code, | ||||||
| 20 | all other certificates for the nomination of candidates shall | ||||||
| 21 | be filed with the county clerk of the respective counties not | ||||||
| 22 | more than 169 but at least 162 days previous to the day of such | ||||||
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| 1 | election. Certificates of nomination and nomination papers for | ||||||
| 2 | the nomination of candidates for school district offices to be | ||||||
| 3 | filled at consolidated elections shall be filed with the | ||||||
| 4 | county clerk or county board of election commissioners of the | ||||||
| 5 | county in which the principal office of the school district is | ||||||
| 6 | located not more than 141 nor less than 134 days before the | ||||||
| 7 | consolidated election. Except as otherwise provided in this | ||||||
| 8 | Code, certificates of nomination and nomination papers for the | ||||||
| 9 | nomination of candidates for the other offices of political | ||||||
| 10 | subdivisions to be filled at regular elections other than the | ||||||
| 11 | general election shall be filed with the local election | ||||||
| 12 | official of such subdivision: | ||||||
| 13 | (1) (blank); | ||||||
| 14 | (2) not more than 141 nor less than 134 days prior to | ||||||
| 15 | the consolidated election; or | ||||||
| 16 | (3) not more than 141 nor less than 134 days prior to | ||||||
| 17 | the general primary in the case of municipal offices to be | ||||||
| 18 | filled at the general primary election; or | ||||||
| 19 | (4) not more than 127 nor less than 120 days before the | ||||||
| 20 | consolidated primary in the case of municipal offices to | ||||||
| 21 | be elected on a nonpartisan basis pursuant to law | ||||||
| 22 | (including, without limitation, those municipal offices | ||||||
| 23 | subject to Articles 4 and 5 of the Municipal Code); or | ||||||
| 24 | (5) not more than 141 nor less than 134 days before the | ||||||
| 25 | municipal primary in even numbered years for such | ||||||
| 26 | nonpartisan municipal offices where annual elections are | ||||||
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| 1 | provided; or | ||||||
| 2 | (6) in the case of petitions for the office of | ||||||
| 3 | multi-township assessor, such petitions shall be filed | ||||||
| 4 | with the election authority not more than 141 113 nor less | ||||||
| 5 | than 134 days before the consolidated election. | ||||||
| 6 | However, where a political subdivision's boundaries are | ||||||
| 7 | co-extensive with or are entirely within the jurisdiction of a | ||||||
| 8 | municipal board of election commissioners, the certificates of | ||||||
| 9 | nomination and nomination papers for candidates for such | ||||||
| 10 | political subdivision offices shall be filed in the office of | ||||||
| 11 | such Board. | ||||||
| 12 | (Source: P.A. 102-15, eff. 6-17-21; 103-600, eff. 7-1-24.) | ||||||
| 13 | Section 5-10. The Downstate Forest Preserve District Act | ||||||
| 14 | is amended by changing Section 3c-2 as follows: | ||||||
| 15 | (70 ILCS 805/3c-2) | ||||||
| 16 | Sec. 3c-2. Continuous effect of provisions; validation. | ||||||
| 17 | The General Assembly declares that the changes made to | ||||||
| 18 | Sections 3c and 3c-1 by this amendatory Act of the 103rd | ||||||
| 19 | General Assembly shall be deemed to have been in continuous | ||||||
| 20 | effect since November 15, 2021 (the effective date of Public | ||||||
| 21 | Act 102-668 102-688) and shall continue to be in effect until | ||||||
| 22 | they are lawfully repealed. All actions that were taken on or | ||||||
| 23 | after 2021 and before the effective date of this amendatory | ||||||
| 24 | Act of the 103rd General Assembly by a downstate forest | ||||||
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| 1 | preserve district or any other person and that are consistent | ||||||
| 2 | with or in reliance on the changes made to Sections 3c and 3c-1 | ||||||
| 3 | by this amendatory Act of the 103rd General Assembly are | ||||||
| 4 | hereby validated. | ||||||
| 5 | (Source: P.A. 103-600, eff. 7-1-24.) | ||||||
| 6 | Article 10. | ||||||
| 7 | Section 10-5. The School Code is amended by changing | ||||||
| 8 | Sections 23-7 and 34-4.1 as follows: | ||||||
| 9 | (105 ILCS 5/23-7) (from Ch. 122, par. 23-7) | ||||||
| 10 | Sec. 23-7. Compensation and expenses. | ||||||
| 11 | No school board member shall receive any compensation for | ||||||
| 12 | service rendered to any such association, whether as an | ||||||
| 13 | officer or otherwise, but shall be entitled to reimbursement | ||||||
| 14 | for expenses actually incurred in the work of such | ||||||
| 15 | association. Consistent with Section 10-15 of the State | ||||||
| 16 | Officials and Employees Ethics Act, a school board association | ||||||
| 17 | may offer and provide scholarships or other reimbursements to | ||||||
| 18 | school board members, and a school board member may receive | ||||||
| 19 | scholarships or other reimbursements from an association for | ||||||
| 20 | reasonable travel and lodging expenses to attend meetings or | ||||||
| 21 | other events hosted by the association which are reasonably | ||||||
| 22 | related to the school board member's duties and will | ||||||
| 23 | contribute to the professional development of the school board | ||||||
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| 1 | member. | ||||||
| 2 | (Source: Laws 1961, p. 31.) | ||||||
| 3 | (105 ILCS 5/34-4.1) | ||||||
| 4 | Sec. 34-4.1. Nomination petitions. In addition to the | ||||||
| 5 | requirements of the general election law, the form of | ||||||
| 6 | petitions under Section 34-4 of this Code shall be | ||||||
| 7 | substantially as follows: | ||||||
| 8 | NOMINATING PETITIONS | ||||||
| 9 | (LEAVE OUT THE INAPPLICABLE PART.) | ||||||
| 10 | To the Board of Election Commissioners for the City of | ||||||
| 11 | Chicago: | ||||||
| 12 | We the undersigned, being (.... or more) of the voters | ||||||
| 13 | residing within said district, hereby petition that .... who | ||||||
| 14 | resides at .... in the City of Chicago shall be a candidate for | ||||||
| 15 | the office of .... of the Chicago Board of Education (full | ||||||
| 16 | term) (vacancy) to be voted for at the election to be held on | ||||||
| 17 | (insert date). | ||||||
| 18 | Name: .................. Address: ................... | ||||||
| 19 | In the designation of the name of a candidate on a petition | ||||||
| 20 | for nomination, the candidate's given name or names, initial | ||||||
| 21 | or initials, a nickname by which the candidate is commonly | ||||||
| 22 | known, or a combination thereof may be used in addition to the | ||||||
| 23 | candidate's surname. If a candidate has changed his or her | ||||||
| 24 | name, whether by a statutory or common law procedure in | ||||||
| 25 | Illinois or any other jurisdiction, within 3 years before the | ||||||
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| 1 | last day for filing the petition, then (i) the candidate's | ||||||
| 2 | name on the petition must be followed by "formerly known as | ||||||
| 3 | (list all prior names during the 3-year period) until name | ||||||
| 4 | changed on (list date of each such name change)" and (ii) the | ||||||
| 5 | petition must be accompanied by the candidate's affidavit | ||||||
| 6 | stating the candidate's previous names during the period | ||||||
| 7 | specified in clause (i) and the date or dates each of those | ||||||
| 8 | names was changed; failure to meet these requirements shall be | ||||||
| 9 | grounds for denying certification of the candidate's name for | ||||||
| 10 | the ballot, but these requirements do not apply to name | ||||||
| 11 | changes to conform a candidate's name to the candidate's | ||||||
| 12 | identity or name changes resulting from adoption to assume an | ||||||
| 13 | adoptive parent's or parents' surname, marriage or civil union | ||||||
| 14 | to assume a spouse's surname, or dissolution of marriage or | ||||||
| 15 | civil union or declaration of invalidity of marriage to assume | ||||||
| 16 | a former surname. No other designation, such as a political | ||||||
| 17 | slogan, as defined by Section 7-17 of the Election Code, title | ||||||
| 18 | or degree, or nickname suggesting or implying possession of a | ||||||
| 19 | title, degree or professional status, or similar information | ||||||
| 20 | may be used in connection with the candidate's surname. | ||||||
| 21 | All petitions for the nomination of members of the Chicago | ||||||
| 22 | Board of Education shall be filed with the board of election | ||||||
| 23 | commissioners of the jurisdiction in which the principal | ||||||
| 24 | office of the school district is located and within the time | ||||||
| 25 | provided for by Article 7 of the Election Code, except that | ||||||
| 26 | petitions for the nomination of members of the Chicago Board | ||||||
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| 1 | of Education for the 2024 general election shall be prepared, | ||||||
| 2 | filed, and certified as outlined in Article 10 of the Election | ||||||
| 3 | Code. The board of election commissioners shall receive and | ||||||
| 4 | file only those petitions that include a statement of | ||||||
| 5 | candidacy, the required number of voter signatures, the | ||||||
| 6 | notarized signature of the petition circulator, and a receipt | ||||||
| 7 | from the county clerk showing that the candidate has filed a | ||||||
| 8 | statement of economic interests interest on or before the last | ||||||
| 9 | day to file as required by the Illinois Governmental Ethics | ||||||
| 10 | Act. The board of election commissioners may have petition | ||||||
| 11 | forms available for issuance to potential candidates and may | ||||||
| 12 | give notice of the petition filing period by publication in a | ||||||
| 13 | newspaper of general circulation within the school district | ||||||
| 14 | not less than 10 days prior to the first day of filing. The | ||||||
| 15 | board of election commissioners shall make certification to | ||||||
| 16 | the proper election authorities in accordance with the general | ||||||
| 17 | election law. | ||||||
| 18 | The board of election commissioners of the jurisdiction in | ||||||
| 19 | which the principal office of the school district is located | ||||||
| 20 | shall notify the candidates for whom a petition for nomination | ||||||
| 21 | is filed or the appropriate committee of the obligations under | ||||||
| 22 | the Campaign Financing Act as provided in the general election | ||||||
| 23 | law. Such notice shall be given on a form prescribed by the | ||||||
| 24 | State Board of Elections and in accordance with the | ||||||
| 25 | requirements of the general election law. The board of | ||||||
| 26 | election commissioners shall within 7 days of filing or on the | ||||||
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| 1 | last day for filing, whichever is earlier, acknowledge to the | ||||||
| 2 | petitioner in writing the office's acceptance of the petition. | ||||||
| 3 | A candidate for membership on the Chicago Board of | ||||||
| 4 | Education who has petitioned for nomination to fill a full | ||||||
| 5 | term and to fill a vacant term to be voted upon at the same | ||||||
| 6 | election must withdraw his or her petition for nomination from | ||||||
| 7 | either the full term or the vacant term by written | ||||||
| 8 | declaration. | ||||||
| 9 | Nomination petitions are not valid unless the candidate | ||||||
| 10 | named therein files with the board of election commissioners a | ||||||
| 11 | receipt from the county clerk showing that the candidate has | ||||||
| 12 | filed a statement of economic interests as required by the | ||||||
| 13 | Illinois Governmental Ethics Act. Such receipt shall be so | ||||||
| 14 | filed either previously during the calendar year in which his | ||||||
| 15 | or her nomination papers were filed or within the period for | ||||||
| 16 | the filing of nomination papers in accordance with the general | ||||||
| 17 | election law. | ||||||
| 18 | (Source: P.A. 102-177, eff. 6-1-22; 102-691, eff. 12-17-21; | ||||||
| 19 | 103-467, eff. 8-4-23; 103-584, eff. 3-18-24; revised 6-27-25.) | ||||||
| 20 | Article 15. | ||||||
| 21 | Section 15-5. The Election Code is amended by changing | ||||||
| 22 | Section 19A-15 as follows: | ||||||
| 23 | (10 ILCS 5/19A-15) | ||||||
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| 1 | Sec. 19A-15. Period for early voting; hours. | ||||||
| 2 | (a) Except as otherwise provided in this Code, the period | ||||||
| 3 | for early voting by personal appearance begins the 40th day | ||||||
| 4 | preceding a general primary, consolidated primary, | ||||||
| 5 | consolidated, or general election and extends through the end | ||||||
| 6 | of the day before election day. | ||||||
| 7 | (b) Except as otherwise provided by this Section, a | ||||||
| 8 | permanent polling place for early voting must remain open | ||||||
| 9 | beginning the 15th day before an election through the end of | ||||||
| 10 | the day before election day during the hours of 8:30 a.m. to | ||||||
| 11 | 4:30 p.m., or 9:00 a.m. to 5:00 p.m., on weekdays, except that | ||||||
| 12 | beginning 8 days before election day, a permanent polling | ||||||
| 13 | place for early voting must remain open during the hours of | ||||||
| 14 | 8:30 a.m. to 7:00 p.m., or 9:00 a.m. to 7:00 p.m., and 9:00 | ||||||
| 15 | a.m. to 12:00 p.m. on Saturdays and holidays, and 10:00 a.m. to | ||||||
| 16 | 4 p.m. on Sundays; except that, in addition to the hours | ||||||
| 17 | required by this subsection, a permanent polling place | ||||||
| 18 | designated by an election authority under subsections (c), | ||||||
| 19 | (d), and (e) of Section 19A-10 must remain open for a total of | ||||||
| 20 | at least 8 hours on any holiday during the early voting period | ||||||
| 21 | and a total of at least 14 hours on the final weekend during | ||||||
| 22 | the early voting period. | ||||||
| 23 | (c) Notwithstanding subsection (b), an election authority | ||||||
| 24 | may close an early voting polling place if the building in | ||||||
| 25 | which the polling place is located has been closed by the State | ||||||
| 26 | or unit of local government in response to a severe weather | ||||||
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| 1 | emergency or other force majeure. The election authority shall | ||||||
| 2 | notify the State Board of Elections of any closure and shall | ||||||
| 3 | make reasonable efforts to provide notice to the public of an | ||||||
| 4 | alternative location for early voting. | ||||||
| 5 | (d) (Blank). | ||||||
| 6 | (e) Except as otherwise provided in this Code, an election | ||||||
| 7 | authority shall allow any voter who is in line to vote at the | ||||||
| 8 | time an early voting polling place closes to cast a ballot. | ||||||
| 9 | (Source: P.A. 102-15, eff. 6-17-21.) | ||||||
| 10 | Article 20. | ||||||
| 11 | Section 20-5. The Election Code is amended by changing | ||||||
| 12 | Section 7-19 as follows: | ||||||
| 13 | (10 ILCS 5/7-19) (from Ch. 46, par. 7-19) | ||||||
| 14 | Sec. 7-19. The primary ballot of each political party for | ||||||
| 15 | each precinct shall be arranged and printed substantially in | ||||||
| 16 | the manner following: | ||||||
| 17 | 1. Designating words. At the top of the ballot shall be | ||||||
| 18 | printed in large capital letters, words designating the | ||||||
| 19 | ballot, if a Republican ballot, the designating words shall | ||||||
| 20 | be: "REPUBLICAN PRIMARY BALLOT"; if a Democratic ballot the | ||||||
| 21 | designating words shall be: "DEMOCRATIC PRIMARY BALLOT"; and | ||||||
| 22 | in like manner for each political party. | ||||||
| 23 | 2. Order of Names, Directions to Voters, etc. Beginning | ||||||
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| 1 | not less than one inch below designating words, the name of | ||||||
| 2 | each office to be filled shall be printed in capital letters. | ||||||
| 3 | Such names may be printed on the ballot either in a single | ||||||
| 4 | column or in 2 or more columns and in the following order, | ||||||
| 5 | to-wit: | ||||||
| 6 | President of the United States, State offices, | ||||||
| 7 | congressional offices, delegates and alternate delegates to be | ||||||
| 8 | elected from the State at large to National nominating | ||||||
| 9 | conventions, delegates and alternate delegates to be elected | ||||||
| 10 | from congressional districts to National nominating | ||||||
| 11 | conventions, member or members of the State central committee, | ||||||
| 12 | trustees of sanitary districts, county offices, judicial | ||||||
| 13 | officers, city, village and incorporated town offices, town | ||||||
| 14 | offices, or of such of the said offices as candidates are to be | ||||||
| 15 | nominated for at such primary, and precinct, township or ward | ||||||
| 16 | committeepersons. If two or more columns are used, the | ||||||
| 17 | foregoing offices to and including member of the State central | ||||||
| 18 | committee shall be listed in the left-hand column and | ||||||
| 19 | Senatorial offices, as defined in Section 8-3, shall be the | ||||||
| 20 | first offices listed in the second column. | ||||||
| 21 | Below the name of each office shall be printed in small | ||||||
| 22 | letters the directions to voters: "Vote for one"; "Vote for | ||||||
| 23 | not more than two"; "Vote for not more than three". If no | ||||||
| 24 | candidate or candidates file for an office and if no person or | ||||||
| 25 | persons file a declaration as a write-in candidate for that | ||||||
| 26 | office, then below the title of that office the election | ||||||
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| 1 | authority instead shall print "No Candidate". | ||||||
| 2 | Next to the name of each candidate for delegate or | ||||||
| 3 | alternate delegate to a national nominating convention shall | ||||||
| 4 | appear either (a) the name of the candidate's preference for | ||||||
| 5 | President of the United States or the word "uncommitted" or | ||||||
| 6 | (b) no official designation, depending upon the action taken | ||||||
| 7 | by the State central committee pursuant to Section 7-10.3 of | ||||||
| 8 | this Act. | ||||||
| 9 | Below the name of each office shall be printed in capital | ||||||
| 10 | letters the names of all candidates, arranged in the order in | ||||||
| 11 | which their petitions for nominations were filed, except as | ||||||
| 12 | otherwise provided in Sections 7-14 and 7-17 of this Article. | ||||||
| 13 | The lettering of candidate names on a ballot shall be in both | ||||||
| 14 | capital and lowercase letters in conformance with standard | ||||||
| 15 | English language guidelines, unless compliance is not feasible | ||||||
| 16 | due to the election system utilized by the election authority. | ||||||
| 17 | Opposite and in front of the name of each candidate shall be | ||||||
| 18 | printed a square and all squares upon the primary ballot shall | ||||||
| 19 | be of uniform size. The names of each team of candidates for | ||||||
| 20 | Governor and Lieutenant Governor, however, shall be printed | ||||||
| 21 | within a bracket, and a single square shall be printed in front | ||||||
| 22 | of the bracket. Spaces between the names of candidates under | ||||||
| 23 | each office shall be uniform and sufficient spaces shall | ||||||
| 24 | separate the names of candidates for one office from the names | ||||||
| 25 | of candidates for another office, to avoid confusion and to | ||||||
| 26 | permit the writing in of the names of other candidates. | ||||||
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| 1 | Where voting machines or electronic voting systems are | ||||||
| 2 | used, the provisions of this Section may be modified as | ||||||
| 3 | required or authorized by Article 24 or Article 24A, whichever | ||||||
| 4 | is applicable. | ||||||
| 5 | (Source: P.A. 100-1027, eff. 1-1-19.) | ||||||
| 6 | Article 25. | ||||||
| 7 | Section 25-5. The School Code is amended by changing | ||||||
| 8 | Section 3A-6 as follows: | ||||||
| 9 | (105 ILCS 5/3A-6) (from Ch. 122, par. 3A-6) | ||||||
| 10 | Sec. 3A-6. Election of Superintendent for consolidated | ||||||
| 11 | region - Bond - Vacancies in any educational service region. | ||||||
| 12 | (a) The regional superintendent to be elected under | ||||||
| 13 | Section 3A-5 shall be elected at the time provided in the | ||||||
| 14 | general election law and must possess the qualifications | ||||||
| 15 | described in Section 3-1 of this Act. | ||||||
| 16 | (b) The bond required under Section 3-2 shall be filed in | ||||||
| 17 | the office of the county clerk in the county where the regional | ||||||
| 18 | office is situated, and a certified copy of that bond shall be | ||||||
| 19 | filed in the office of the county clerk in each of the other | ||||||
| 20 | counties in the region. | ||||||
| 21 | (c) When a vacancy occurs in the office of regional | ||||||
| 22 | superintendent of schools of any educational service region | ||||||
| 23 | which is not located in a county which is a home rule unit, | ||||||
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| 1 | such vacancy shall be filled within 60 days (i) by appointment | ||||||
| 2 | of the chairman of the county board, with the advice and | ||||||
| 3 | consent of the county board, when such vacancy occurs in a | ||||||
| 4 | single county educational service region; or (ii) by | ||||||
| 5 | appointment of a committee composed of the chairmen of the | ||||||
| 6 | county boards of those counties comprising the affected | ||||||
| 7 | educational service region when such vacancy occurs in a | ||||||
| 8 | multicounty educational service region, each committeeman to | ||||||
| 9 | be entitled to one vote for each vote that was received in the | ||||||
| 10 | county represented by such committeeman on the committee by | ||||||
| 11 | the regional superintendent of schools whose office is vacant | ||||||
| 12 | at the last election at which a regional superintendent was | ||||||
| 13 | elected to such office, and the person receiving the highest | ||||||
| 14 | number of affirmative votes from the committeemen for such | ||||||
| 15 | vacant office to be deemed the person appointed by such | ||||||
| 16 | committee to fill the vacancy. The appointee shall be a member | ||||||
| 17 | of the same political party as the regional superintendent of | ||||||
| 18 | schools the appointee succeeds was at the time such regional | ||||||
| 19 | superintendent of schools last was elected. The appointee | ||||||
| 20 | shall serve for the remainder of the term. However, if more | ||||||
| 21 | than 28 months remain in that term and the vacancy occurs at | ||||||
| 22 | least 130 days before the next general election, the | ||||||
| 23 | appointment shall be until the next general election, at which | ||||||
| 24 | time the vacated office shall be filled by election for the | ||||||
| 25 | remainder of the term. Nominations shall be made and any | ||||||
| 26 | vacancy in nomination shall be filled as follows: | ||||||
| |||||||
| |||||||
| 1 | (1) If the vacancy in office occurs before the first | ||||||
| 2 | date provided in Section 7-12 of the Election Code for | ||||||
| 3 | filing nomination papers for county offices for the | ||||||
| 4 | primary in the next even-numbered year following | ||||||
| 5 | commencement of the term of office in which the vacancy | ||||||
| 6 | occurs, nominations for the election for filling the | ||||||
| 7 | vacancy shall be made pursuant to Article 7 of the | ||||||
| 8 | Election Code. | ||||||
| 9 | (2) If the vacancy in office occurs during the time | ||||||
| 10 | provided in Section 7-12 of the Election Code for filing | ||||||
| 11 | nomination papers for county offices for the primary in | ||||||
| 12 | the next even-numbered year following commencement of the | ||||||
| 13 | term of office in which the vacancy occurs, the time for | ||||||
| 14 | filing nomination papers for the primary shall not be more | ||||||
| 15 | than 120 91 days nor less than 113 85 days prior to the | ||||||
| 16 | date of the primary. | ||||||
| 17 | (3) If the vacancy in office occurs after the last day | ||||||
| 18 | provided in Section 7-12 of the Election Code for filing | ||||||
| 19 | nomination papers for county offices for the primary in | ||||||
| 20 | the next even-numbered year following commencement of the | ||||||
| 21 | term of office in which the vacancy occurs, a vacancy in | ||||||
| 22 | nomination shall be deemed to have occurred and the county | ||||||
| 23 | central committee of each established political party (if | ||||||
| 24 | the vacancy occurs in a single county educational service | ||||||
| 25 | region) or the multi-county educational service region | ||||||
| 26 | committee of each established political party (if the | ||||||
| |||||||
| |||||||
| 1 | vacancy occurs in a multi-county educational service | ||||||
| 2 | region) shall nominate, by resolution, a candidate to fill | ||||||
| 3 | the vacancy in nomination for election to the office at | ||||||
| 4 | the general election. In the nomination proceedings to | ||||||
| 5 | fill the vacancy in nomination, each member of the county | ||||||
| 6 | central committee or the multi-county educational service | ||||||
| 7 | region committee, whichever applies, shall have the voting | ||||||
| 8 | strength as set forth in Section 7-8 or 7-8.02 of the | ||||||
| 9 | Election Code, respectively. The name of the candidate so | ||||||
| 10 | nominated shall not appear on the ballot at the general | ||||||
| 11 | primary election. The vacancy in nomination shall be | ||||||
| 12 | filled prior to the date of certification of candidates | ||||||
| 13 | for the general election. | ||||||
| 14 | (4) The resolution to fill the vacancy shall be duly | ||||||
| 15 | acknowledged before an officer qualified to take | ||||||
| 16 | acknowledgments of deeds and shall include, upon its face, | ||||||
| 17 | the following information: (A) the name of the original | ||||||
| 18 | nominee and the office vacated; (B) the date on which the | ||||||
| 19 | vacancy occurred; and (C) the name and address of the | ||||||
| 20 | nominee selected to fill the vacancy and the date of | ||||||
| 21 | selection. The resolution to fill the vacancy shall be | ||||||
| 22 | accompanied by a statement of candidacy, as prescribed in | ||||||
| 23 | Section 7-10 of the Election Code, completed by the | ||||||
| 24 | selected nominee, a certificate from the State Board of | ||||||
| 25 | Education, as prescribed in Section 3-1 of this Code, and | ||||||
| 26 | a receipt indicating that the nominee has filed a | ||||||
| |||||||
| |||||||
| 1 | statement of economic interests as required by the | ||||||
| 2 | Illinois Governmental Ethics Act. | ||||||
| 3 | The provisions of Sections 10-8 through 10-10.1 of the | ||||||
| 4 | Election Code relating to objections to nomination papers, | ||||||
| 5 | hearings on objections, and judicial review shall also apply | ||||||
| 6 | to and govern objections to nomination papers and resolutions | ||||||
| 7 | for filling vacancies in nomination filed pursuant to this | ||||||
| 8 | Section. Unless otherwise specified in this Section, the | ||||||
| 9 | nomination and election provided for in this Section is | ||||||
| 10 | governed by the general election law. | ||||||
| 11 | Except as otherwise provided by applicable county | ||||||
| 12 | ordinance or by law, if a vacancy occurs in the office of | ||||||
| 13 | regional superintendent of schools of an educational service | ||||||
| 14 | region that is located in a county that is a home rule unit and | ||||||
| 15 | that has a population of less than 2,000,000 inhabitants, that | ||||||
| 16 | vacancy shall be filled by the county board of such home rule | ||||||
| 17 | county. | ||||||
| 18 | Any person appointed to fill a vacancy in the office of | ||||||
| 19 | regional superintendent of schools of any educational service | ||||||
| 20 | region must possess the qualifications required to be elected | ||||||
| 21 | to the position of regional superintendent of schools, and | ||||||
| 22 | shall obtain a certificate of eligibility from the State | ||||||
| 23 | Superintendent of Education and file same with the county | ||||||
| 24 | clerk of the county in which the regional superintendent's | ||||||
| 25 | office is located. | ||||||
| 26 | If the regional superintendent of schools is called into | ||||||
| |||||||
| |||||||
| 1 | the active military service of the United States, his office | ||||||
| 2 | shall not be deemed to be vacant, but a temporary appointment | ||||||
| 3 | shall be made as in the case of a vacancy. The appointee shall | ||||||
| 4 | perform all the duties of the regional superintendent of | ||||||
| 5 | schools during the time the regional superintendent of schools | ||||||
| 6 | is in the active military service of the United States, and | ||||||
| 7 | shall be paid the same compensation apportioned as to the time | ||||||
| 8 | of service, and such appointment and all authority thereunder | ||||||
| 9 | shall cease upon the discharge of the regional superintendent | ||||||
| 10 | of schools from such active military service. The appointee | ||||||
| 11 | shall give the same bond as is required of a regularly elected | ||||||
| 12 | regional superintendent of schools. | ||||||
| 13 | (Source: P.A. 96-893, eff. 7-1-10.) | ||||||
| 14 | Article 30. | ||||||
| 15 | Section 30-5. The Election Code is amended by changing | ||||||
| 16 | Section 10-8 and by adding Section 10-8.5 as follows: | ||||||
| 17 | (10 ILCS 5/10-8) (from Ch. 46, par. 10-8) | ||||||
| 18 | Sec. 10-8. Except as otherwise provided in this Code, | ||||||
| 19 | certificates of nomination and nomination papers, and | ||||||
| 20 | petitions to submit public questions to a referendum, being | ||||||
| 21 | filed as required by this Code, and being in apparent | ||||||
| 22 | conformity with the provisions of this Code Act, shall be | ||||||
| 23 | deemed to be valid unless objection thereto is duly made in | ||||||
| |||||||
| |||||||
| 1 | writing within 5 business days after the last day for filing | ||||||
| 2 | the certificate of nomination or nomination papers or petition | ||||||
| 3 | for a public question, with the following exceptions: | ||||||
| 4 | A. In the case of petitions to amend Article IV of the | ||||||
| 5 | Constitution of the State of Illinois, there shall be a | ||||||
| 6 | period of 35 business days after the last day for the | ||||||
| 7 | filing of such petitions in which objections can be filed. | ||||||
| 8 | B. In the case of petitions for advisory questions of | ||||||
| 9 | public policy to be submitted to the voters of the entire | ||||||
| 10 | State, there shall be a period of 35 business days after | ||||||
| 11 | the last day for the filing of such petitions in which | ||||||
| 12 | objections can be filed. | ||||||
| 13 | Any legal voter of the political subdivision or district | ||||||
| 14 | in which the candidate or public question is to be voted on, or | ||||||
| 15 | any legal voter in the State in the case of a proposed | ||||||
| 16 | amendment to Article IV of the Constitution or an advisory | ||||||
| 17 | public question to be submitted to the voters of the entire | ||||||
| 18 | State, having objections to any certificate of nomination or | ||||||
| 19 | nomination papers or petitions filed, shall file an objector's | ||||||
| 20 | petition together with 2 copies thereof in the principal | ||||||
| 21 | office or the permanent branch office of the State Board of | ||||||
| 22 | Elections, or in the office of the election authority or local | ||||||
| 23 | election official with whom the certificate of nomination, | ||||||
| 24 | nomination papers or petitions are on file. Objection | ||||||
| 25 | petitions that do not include 2 copies thereof, shall not be | ||||||
| 26 | accepted. In the case of nomination papers or certificates of | ||||||
| |||||||
| |||||||
| 1 | nomination, the State Board of Elections, election authority | ||||||
| 2 | or local election official shall note the day and hour upon | ||||||
| 3 | which such objector's petition is filed, and shall, not later | ||||||
| 4 | than 12:00 p.m. noon on the second business day after receipt | ||||||
| 5 | of the petition, transmit by registered mail or receipted | ||||||
| 6 | personal delivery, or by electronic delivery under Section | ||||||
| 7 | 10-8.5, the certificate of nomination or nomination papers and | ||||||
| 8 | the original objector's petition to the chair of the proper | ||||||
| 9 | electoral board designated in Section 10-9 of this Code | ||||||
| 10 | hereof, or his authorized agent, and shall transmit a copy by | ||||||
| 11 | registered mail or receipted personal delivery, or by | ||||||
| 12 | electronic delivery under Section 10-8.5, of the objector's | ||||||
| 13 | petition, to the candidate whose certificate of nomination or | ||||||
| 14 | nomination papers are objected to, addressed to the place of | ||||||
| 15 | residence designated in said certificate of nomination or | ||||||
| 16 | nomination papers. In the case of objections to a petition for | ||||||
| 17 | a proposed amendment to Article IV of the Constitution or for | ||||||
| 18 | an advisory public question to be submitted to the voters of | ||||||
| 19 | the entire State, the State Board of Elections shall note the | ||||||
| 20 | day and hour upon which such objector's petition is filed and | ||||||
| 21 | shall transmit a copy of the objector's petition by registered | ||||||
| 22 | mail or receipted personal delivery, or by electronic delivery | ||||||
| 23 | under Section 10-8.5, to the person designated on a | ||||||
| 24 | certificate attached to the petition as the principal | ||||||
| 25 | proponent of such proposed amendment or public question, or as | ||||||
| 26 | the proponents' attorney, for the purpose of receiving notice | ||||||
| |||||||
| |||||||
| 1 | of objections. In the case of objections to a petition for a | ||||||
| 2 | public question, to be submitted to the voters of a political | ||||||
| 3 | subdivision, or district thereof, the election authority or | ||||||
| 4 | local election official with whom such petition is filed shall | ||||||
| 5 | note the day and hour upon which such objector's petition was | ||||||
| 6 | filed, and shall, not later than 12:00 p.m. noon on the second | ||||||
| 7 | business day after receipt of the petition, transmit by | ||||||
| 8 | registered mail or receipted personal delivery, or by | ||||||
| 9 | electronic delivery under Section 10-8.5, the petition for the | ||||||
| 10 | public question and the original objector's petition to the | ||||||
| 11 | chair of the proper electoral board designated in Section 10-9 | ||||||
| 12 | of this Code hereof, or his authorized agent, and shall | ||||||
| 13 | transmit a copy by registered mail or receipted personal | ||||||
| 14 | delivery, or by electronic delivery under Section 10-8.5, of | ||||||
| 15 | the objector's petition to the person designated on a | ||||||
| 16 | certificate attached to the petition as the principal | ||||||
| 17 | proponent of the public question, or as the proponent's | ||||||
| 18 | attorney, for the purposes of receiving notice of objections. | ||||||
| 19 | The objector's petition shall give the objector's name and | ||||||
| 20 | residence address, and shall state fully the nature of the | ||||||
| 21 | objections to the certificate of nomination or nomination | ||||||
| 22 | papers or petitions in question, and shall state the interest | ||||||
| 23 | of the objector and shall state what relief is requested of the | ||||||
| 24 | electoral board. | ||||||
| 25 | The provisions of this Section and of Sections 10-9, | ||||||
| 26 | 10-10, and 10-10.1 shall also apply to and govern objections | ||||||
| |||||||
| |||||||
| 1 | to petitions for nomination filed under Article 7 or Article | ||||||
| 2 | 8, except as otherwise provided in Section 7-13 for cases to | ||||||
| 3 | which it is applicable, and also apply to and govern petitions | ||||||
| 4 | for the submission of public questions under Article 28. | ||||||
| 5 | (Source: P.A. 102-15, eff. 6-17-21; revised 6-24-25.) | ||||||
| 6 | (10 ILCS 5/10-8.5 new) | ||||||
| 7 | Sec. 10-8.5. Electronic service of objections. The State | ||||||
| 8 | Board of Elections and election authorities may authorize | ||||||
| 9 | service of objections to candidate nominations through | ||||||
| 10 | electronic mail in lieu of personal service or registered mail | ||||||
| 11 | if the State Board of Elections or election authority | ||||||
| 12 | responsible for convening the electoral board: (1) provides | ||||||
| 13 | candidates the opportunity to provide an electronic mail | ||||||
| 14 | address where notices of objections and electoral board | ||||||
| 15 | proceedings may be sent electronically in lieu of personal | ||||||
| 16 | service or registered mail; (2) provides objectors with the | ||||||
| 17 | opportunity to provide an electronic mail address where | ||||||
| 18 | notices and electoral board proceedings may be sent | ||||||
| 19 | electronically in lieu of personal service or registered mail; | ||||||
| 20 | and (3) publishes notice of its decision to provide service | ||||||
| 21 | under this Section on its website no later than 5 business days | ||||||
| 22 | before the first day for petition filing for the election. | ||||||
| 23 | Article 35. | ||||||
| |||||||
| |||||||
| 1 | Section 35-5. The Freedom of Information Act is amended by | ||||||
| 2 | changing Section 7.5 as follows: | ||||||
| 3 | (5 ILCS 140/7.5) | ||||||
| 4 | Sec. 7.5. Statutory exemptions. To the extent provided for | ||||||
| 5 | by the statutes referenced below, the following shall be | ||||||
| 6 | exempt from inspection and copying: | ||||||
| 7 | (a) All information determined to be confidential | ||||||
| 8 | under Section 4002 of the Technology Advancement and | ||||||
| 9 | Development Act. | ||||||
| 10 | (b) Library circulation and order records identifying | ||||||
| 11 | library users with specific materials under the Library | ||||||
| 12 | Records Confidentiality Act. | ||||||
| 13 | (c) Applications, related documents, and medical | ||||||
| 14 | records received by the Experimental Organ Transplantation | ||||||
| 15 | Procedures Board and any and all documents or other | ||||||
| 16 | records prepared by the Experimental Organ Transplantation | ||||||
| 17 | Procedures Board or its staff relating to applications it | ||||||
| 18 | has received. | ||||||
| 19 | (d) Information and records held by the Department of | ||||||
| 20 | Public Health and its authorized representatives relating | ||||||
| 21 | to known or suspected cases of sexually transmitted | ||||||
| 22 | infection or any information the disclosure of which is | ||||||
| 23 | restricted under the Illinois Sexually Transmitted | ||||||
| 24 | Infection Control Act. | ||||||
| 25 | (e) Information the disclosure of which is exempted | ||||||
| |||||||
| |||||||
| 1 | under Section 30 of the Radon Industry Licensing Act. | ||||||
| 2 | (f) Firm performance evaluations under Section 55 of | ||||||
| 3 | the Architectural, Engineering, and Land Surveying | ||||||
| 4 | Qualifications Based Selection Act. | ||||||
| 5 | (g) Information the disclosure of which is restricted | ||||||
| 6 | and exempted under Section 50 of the Illinois Prepaid | ||||||
| 7 | Tuition Act. | ||||||
| 8 | (h) Information the disclosure of which is exempted | ||||||
| 9 | under the State Officials and Employees Ethics Act, and | ||||||
| 10 | records of any lawfully created State or local inspector | ||||||
| 11 | general's office that would be exempt if created or | ||||||
| 12 | obtained by an Executive Inspector General's office under | ||||||
| 13 | that Act. | ||||||
| 14 | (i) Information contained in a local emergency energy | ||||||
| 15 | plan submitted to a municipality in accordance with a | ||||||
| 16 | local emergency energy plan ordinance that is adopted | ||||||
| 17 | under Section 11-21.5-5 of the Illinois Municipal Code. | ||||||
| 18 | (j) Information and data concerning the distribution | ||||||
| 19 | of surcharge moneys collected and remitted by carriers | ||||||
| 20 | under the Emergency Telephone System Act. | ||||||
| 21 | (k) Law enforcement officer identification information | ||||||
| 22 | or driver identification information compiled by a law | ||||||
| 23 | enforcement agency or the Department of Transportation | ||||||
| 24 | under Section 11-212 of the Illinois Vehicle Code. | ||||||
| 25 | (l) Records and information provided to a residential | ||||||
| 26 | health care facility resident sexual assault and death | ||||||
| |||||||
| |||||||
| 1 | review team or the Executive Council under the Abuse | ||||||
| 2 | Prevention Review Team Act. | ||||||
| 3 | (m) Information provided to the predatory lending | ||||||
| 4 | database created pursuant to Article 3 of the Residential | ||||||
| 5 | Real Property Disclosure Act, except to the extent | ||||||
| 6 | authorized under that Article. | ||||||
| 7 | (n) Defense budgets and petitions for certification of | ||||||
| 8 | compensation and expenses for court appointed trial | ||||||
| 9 | counsel as provided under Sections 10 and 15 of the | ||||||
| 10 | Capital Crimes Litigation Act (repealed). This subsection | ||||||
| 11 | (n) shall apply until the conclusion of the trial of the | ||||||
| 12 | case, even if the prosecution chooses not to pursue the | ||||||
| 13 | death penalty prior to trial or sentencing. | ||||||
| 14 | (o) Information that is prohibited from being | ||||||
| 15 | disclosed under Section 4 of the Illinois Health and | ||||||
| 16 | Hazardous Substances Registry Act. | ||||||
| 17 | (p) Security portions of system safety program plans, | ||||||
| 18 | investigation reports, surveys, schedules, lists, data, or | ||||||
| 19 | information compiled, collected, or prepared by or for the | ||||||
| 20 | Department of Transportation under Sections 2705-300 and | ||||||
| 21 | 2705-616 of the Department of Transportation Law of the | ||||||
| 22 | Civil Administrative Code of Illinois, the Regional | ||||||
| 23 | Transportation Authority under Section 2.11 of the | ||||||
| 24 | Regional Transportation Authority Act, or the St. Clair | ||||||
| 25 | County Transit District under the Bi-State Transit Safety | ||||||
| 26 | Act (repealed). | ||||||
| |||||||
| |||||||
| 1 | (q) Information prohibited from being disclosed by the | ||||||
| 2 | Personnel Record Review Act. | ||||||
| 3 | (r) Information prohibited from being disclosed by the | ||||||
| 4 | Illinois School Student Records Act. | ||||||
| 5 | (s) Information the disclosure of which is restricted | ||||||
| 6 | under Section 5-108 of the Public Utilities Act. | ||||||
| 7 | (t) (Blank). | ||||||
| 8 | (u) Records and information provided to an independent | ||||||
| 9 | team of experts under the Developmental Disability and | ||||||
| 10 | Mental Health Safety Act (also known as Brian's Law). | ||||||
| 11 | (v) Names and information of people who have applied | ||||||
| 12 | for or received Firearm Owner's Identification Cards under | ||||||
| 13 | the Firearm Owners Identification Card Act or applied for | ||||||
| 14 | or received a concealed carry license under the Firearm | ||||||
| 15 | Concealed Carry Act, unless otherwise authorized by the | ||||||
| 16 | Firearm Concealed Carry Act; and databases under the | ||||||
| 17 | Firearm Concealed Carry Act, records of the Concealed | ||||||
| 18 | Carry Licensing Review Board under the Firearm Concealed | ||||||
| 19 | Carry Act, and law enforcement agency objections under the | ||||||
| 20 | Firearm Concealed Carry Act. | ||||||
| 21 | (v-5) Records of the Firearm Owner's Identification | ||||||
| 22 | Card Review Board that are exempted from disclosure under | ||||||
| 23 | Section 10 of the Firearm Owners Identification Card Act. | ||||||
| 24 | (w) Personally identifiable information which is | ||||||
| 25 | exempted from disclosure under subsection (g) of Section | ||||||
| 26 | 19.1 of the Toll Highway Act. | ||||||
| |||||||
| |||||||
| 1 | (x) Information which is exempted from disclosure | ||||||
| 2 | under Section 5-1014.3 of the Counties Code or Section | ||||||
| 3 | 8-11-21 of the Illinois Municipal Code. | ||||||
| 4 | (y) Confidential information under the Adult | ||||||
| 5 | Protective Services Act and its predecessor enabling | ||||||
| 6 | statute, the Elder Abuse and Neglect Act, including | ||||||
| 7 | information about the identity and administrative finding | ||||||
| 8 | against any caregiver of a verified and substantiated | ||||||
| 9 | decision of abuse, neglect, or financial exploitation of | ||||||
| 10 | an eligible adult maintained in the Registry established | ||||||
| 11 | under Section 7.5 of the Adult Protective Services Act. | ||||||
| 12 | (z) Records and information provided to a fatality | ||||||
| 13 | review team or the Illinois Fatality Review Team Advisory | ||||||
| 14 | Council under Section 15 of the Adult Protective Services | ||||||
| 15 | Act. | ||||||
| 16 | (aa) Information which is exempted from disclosure | ||||||
| 17 | under Section 2.37 of the Wildlife Code. | ||||||
| 18 | (bb) Information which is or was prohibited from | ||||||
| 19 | disclosure by the Juvenile Court Act of 1987. | ||||||
| 20 | (cc) Recordings made under the Law Enforcement | ||||||
| 21 | Officer-Worn Body Camera Act, except to the extent | ||||||
| 22 | authorized under that Act. | ||||||
| 23 | (dd) Information that is prohibited from being | ||||||
| 24 | disclosed under Section 45 of the Condominium and Common | ||||||
| 25 | Interest Community Ombudsperson Act. | ||||||
| 26 | (ee) Information that is exempted from disclosure | ||||||
| |||||||
| |||||||
| 1 | under Section 30.1 of the Pharmacy Practice Act. | ||||||
| 2 | (ff) Information that is exempted from disclosure | ||||||
| 3 | under the Revised Uniform Unclaimed Property Act. | ||||||
| 4 | (gg) Information that is prohibited from being | ||||||
| 5 | disclosed under Section 7-603.5 of the Illinois Vehicle | ||||||
| 6 | Code. | ||||||
| 7 | (hh) Records that are exempt from disclosure under | ||||||
| 8 | Section 1A-16.7 of the Election Code. | ||||||
| 9 | (ii) Information which is exempted from disclosure | ||||||
| 10 | under Section 2505-800 of the Department of Revenue Law of | ||||||
| 11 | the Civil Administrative Code of Illinois. | ||||||
| 12 | (jj) Information and reports that are required to be | ||||||
| 13 | submitted to the Department of Labor by registering day | ||||||
| 14 | and temporary labor service agencies but are exempt from | ||||||
| 15 | disclosure under subsection (a-1) of Section 45 of the Day | ||||||
| 16 | and Temporary Labor Services Act. | ||||||
| 17 | (kk) Information prohibited from disclosure under the | ||||||
| 18 | Seizure and Forfeiture Reporting Act. | ||||||
| 19 | (ll) Information the disclosure of which is restricted | ||||||
| 20 | and exempted under Section 5-30.8 of the Illinois Public | ||||||
| 21 | Aid Code. | ||||||
| 22 | (mm) Records that are exempt from disclosure under | ||||||
| 23 | Section 4.2 of the Crime Victims Compensation Act. | ||||||
| 24 | (nn) Information that is exempt from disclosure under | ||||||
| 25 | Section 70 of the Higher Education Student Assistance Act. | ||||||
| 26 | (oo) Communications, notes, records, and reports | ||||||
| |||||||
| |||||||
| 1 | arising out of a peer support counseling session | ||||||
| 2 | prohibited from disclosure under the First Responders | ||||||
| 3 | Suicide Prevention Act. | ||||||
| 4 | (pp) Names and all identifying information relating to | ||||||
| 5 | an employee of an emergency services provider or law | ||||||
| 6 | enforcement agency under the First Responders Suicide | ||||||
| 7 | Prevention Act. | ||||||
| 8 | (qq) Information and records held by the Department of | ||||||
| 9 | Public Health and its authorized representatives collected | ||||||
| 10 | under the Reproductive Health Act. | ||||||
| 11 | (rr) Information that is exempt from disclosure under | ||||||
| 12 | the Cannabis Regulation and Tax Act. | ||||||
| 13 | (ss) Data reported by an employer to the Department of | ||||||
| 14 | Human Rights pursuant to Section 2-108 of the Illinois | ||||||
| 15 | Human Rights Act. | ||||||
| 16 | (tt) Recordings made under the Children's Advocacy | ||||||
| 17 | Center Act, except to the extent authorized under that | ||||||
| 18 | Act. | ||||||
| 19 | (uu) Information that is exempt from disclosure under | ||||||
| 20 | Section 50 of the Sexual Assault Evidence Submission Act. | ||||||
| 21 | (vv) Information that is exempt from disclosure under | ||||||
| 22 | subsections (f) and (j) of Section 5-36 of the Illinois | ||||||
| 23 | Public Aid Code. | ||||||
| 24 | (ww) Information that is exempt from disclosure under | ||||||
| 25 | Section 16.8 of the State Treasurer Act. | ||||||
| 26 | (xx) Information that is exempt from disclosure or | ||||||
| |||||||
| |||||||
| 1 | information that shall not be made public under the | ||||||
| 2 | Illinois Insurance Code. | ||||||
| 3 | (yy) Information prohibited from being disclosed under | ||||||
| 4 | the Illinois Educational Labor Relations Act. | ||||||
| 5 | (zz) Information prohibited from being disclosed under | ||||||
| 6 | the Illinois Public Labor Relations Act. | ||||||
| 7 | (aaa) Information prohibited from being disclosed | ||||||
| 8 | under Section 1-167 of the Illinois Pension Code. | ||||||
| 9 | (bbb) Information that is prohibited from disclosure | ||||||
| 10 | by the Illinois Police Training Act and the Illinois State | ||||||
| 11 | Police Act. | ||||||
| 12 | (ccc) Records exempt from disclosure under Section | ||||||
| 13 | 2605-304 of the Illinois State Police Law of the Civil | ||||||
| 14 | Administrative Code of Illinois. | ||||||
| 15 | (ddd) Information prohibited from being disclosed | ||||||
| 16 | under Section 35 of the Address Confidentiality for | ||||||
| 17 | Victims of Domestic Violence, Sexual Assault, Human | ||||||
| 18 | Trafficking, or Stalking Act. | ||||||
| 19 | (eee) Information prohibited from being disclosed | ||||||
| 20 | under subsection (b) of Section 75 of the Domestic | ||||||
| 21 | Violence Fatality Review Act. | ||||||
| 22 | (fff) Images from cameras under the Expressway Camera | ||||||
| 23 | Act. This subsection (fff) is inoperative on and after | ||||||
| 24 | July 1, 2025. | ||||||
| 25 | (ggg) Information prohibited from disclosure under | ||||||
| 26 | paragraph (3) of subsection (a) of Section 14 of the Nurse | ||||||
| |||||||
| |||||||
| 1 | Agency Licensing Act. | ||||||
| 2 | (hhh) Information submitted to the Illinois State | ||||||
| 3 | Police in an affidavit or application for an assault | ||||||
| 4 | weapon endorsement, assault weapon attachment endorsement, | ||||||
| 5 | .50 caliber rifle endorsement, or .50 caliber cartridge | ||||||
| 6 | endorsement under the Firearm Owners Identification Card | ||||||
| 7 | Act. | ||||||
| 8 | (iii) Data exempt from disclosure under Section 50 of | ||||||
| 9 | the School Safety Drill Act. | ||||||
| 10 | (jjj) Information exempt from disclosure under Section | ||||||
| 11 | 30 of the Insurance Data Security Law. | ||||||
| 12 | (kkk) Confidential business information prohibited | ||||||
| 13 | from disclosure under Section 45 of the Paint Stewardship | ||||||
| 14 | Act. | ||||||
| 15 | (lll) Data exempt from disclosure under Section | ||||||
| 16 | 2-3.196 of the School Code. | ||||||
| 17 | (mmm) Information prohibited from being disclosed | ||||||
| 18 | under subsection (e) of Section 1-129 of the Illinois | ||||||
| 19 | Power Agency Act. | ||||||
| 20 | (nnn) Materials received by the Department of Commerce | ||||||
| 21 | and Economic Opportunity that are confidential under the | ||||||
| 22 | Music and Musicians Tax Credit and Jobs Act. | ||||||
| 23 | (ooo) Data or information provided pursuant to Section | ||||||
| 24 | 20 of the Statewide Recycling Needs and Assessment Act. | ||||||
| 25 | (ppp) Information that is exempt from disclosure under | ||||||
| 26 | Section 28-11 of the Lawful Health Care Activity Act. | ||||||
| |||||||
| |||||||
| 1 | (qqq) Information that is exempt from disclosure under | ||||||
| 2 | Section 7-101 of the Illinois Human Rights Act. | ||||||
| 3 | (rrr) Information prohibited from being disclosed | ||||||
| 4 | under Section 4-2 of the Uniform Money Transmission | ||||||
| 5 | Modernization Act. | ||||||
| 6 | (sss) Information exempt from disclosure under Section | ||||||
| 7 | 40 of the Student-Athlete Endorsement Rights Act. | ||||||
| 8 | (ttt) Audio recordings made under Section 30 of the | ||||||
| 9 | Illinois State Police Act, except to the extent authorized | ||||||
| 10 | under that Section. | ||||||
| 11 | (uuu) Nomination petitions exempt from disclosure | ||||||
| 12 | under subsection (13) of Section 7-12 of the Election | ||||||
| 13 | Code. | ||||||
| 14 | (Source: P.A. 102-36, eff. 6-25-21; 102-237, eff. 1-1-22; | ||||||
| 15 | 102-292, eff. 1-1-22; 102-520, eff. 8-20-21; 102-559, eff. | ||||||
| 16 | 8-20-21; 102-813, eff. 5-13-22; 102-946, eff. 7-1-22; | ||||||
| 17 | 102-1042, eff. 6-3-22; 102-1116, eff. 1-10-23; 103-8, eff. | ||||||
| 18 | 6-7-23; 103-34, eff. 6-9-23; 103-142, eff. 1-1-24; 103-372, | ||||||
| 19 | eff. 1-1-24; 103-472, eff. 8-1-24; 103-508, eff. 8-4-23; | ||||||
| 20 | 103-580, eff. 12-8-23; 103-592, eff. 6-7-24; 103-605, eff. | ||||||
| 21 | 7-1-24; 103-636, eff. 7-1-24; 103-724, eff. 1-1-25; 103-786, | ||||||
| 22 | eff. 8-7-24; 103-859, eff. 8-9-24; 103-991, eff. 8-9-24; | ||||||
| 23 | 103-1049, eff. 8-9-24; 103-1081, eff. 3-21-25.) | ||||||
| 24 | Section 35-10. The State Officials and Employees Ethics | ||||||
| 25 | Act is amended by changing Section 5-40 as follows: | ||||||
| |||||||
| |||||||
| 1 | (5 ILCS 430/5-40) | ||||||
| 2 | Sec. 5-40. Fundraising during session. Except as provided | ||||||
| 3 | in this Section, any executive branch constitutional officer, | ||||||
| 4 | any candidate for an executive branch constitutional office, | ||||||
| 5 | any member of the General Assembly, any candidate for the | ||||||
| 6 | General Assembly, any political caucus of the General | ||||||
| 7 | Assembly, or any political committee on behalf of any of the | ||||||
| 8 | foregoing may not hold a political fundraising function on any | ||||||
| 9 | day the legislature is in session or the day immediately prior | ||||||
| 10 | to such day. This Section does not apply to a political | ||||||
| 11 | fundraising function scheduled at least 14 days in advance of | ||||||
| 12 | a day the legislature is in special session or the day | ||||||
| 13 | immediately prior to such day. This Section does not apply to a | ||||||
| 14 | constitutional officer of the executive branch or a member of | ||||||
| 15 | the General Assembly, who is a candidate for federal office, | ||||||
| 16 | if the federal political fundraising function is held outside | ||||||
| 17 | of Sangamon County. For purposes of this Section, the | ||||||
| 18 | legislature is not considered to be in session on a day that is | ||||||
| 19 | solely a perfunctory session day or on a day when only a | ||||||
| 20 | committee is meeting. | ||||||
| 21 | (Source: P.A. 102-664, eff. 1-1-22.) | ||||||
| 22 | Section 35-15. The Election Code is amended by changing | ||||||
| 23 | Sections 1-9.1, 1-12, 1A-8, 7-12, 10-8, 10-10, 17-13.5, 19-3, | ||||||
| 24 | 19-8, and 20-8 and by adding Sections 11-8.5 and 11-9 as | ||||||
| |||||||
| |||||||
| 1 | follows: | ||||||
| 2 | (10 ILCS 5/1-9.1) | ||||||
| 3 | Sec. 1-9.1. Office and candidate information; ballot | ||||||
| 4 | Ballot counting information dissemination. | ||||||
| 5 | (a) Each election authority shall maintain maintaining a | ||||||
| 6 | website and shall must provide 24-hour notice on its website | ||||||
| 7 | of the date, time, and location of the analysis, processing, | ||||||
| 8 | and counting of all ballot forms. Each election authority | ||||||
| 9 | shall must notify any political party or pollwatcher of the | ||||||
| 10 | same information 24 hours before the count begins if such | ||||||
| 11 | political party or pollwatcher has requested to be notified. | ||||||
| 12 | Notification may be by electronic mail at the address provided | ||||||
| 13 | by the requester. | ||||||
| 14 | (b) Each election authority shall post election results on | ||||||
| 15 | its website, including district data for every electoral | ||||||
| 16 | district under the election authority's jurisdiction, even if | ||||||
| 17 | the election authority only has jurisdiction over part of the | ||||||
| 18 | electoral district. Each election authority shall update the | ||||||
| 19 | election results on its website each time a new batch of votes | ||||||
| 20 | is tabulated or every 12 hours, whichever is less. Each | ||||||
| 21 | election authority shall also update on its website, every 12 | ||||||
| 22 | hours, the number of vote by mail ballots, by precinct, that | ||||||
| 23 | have been: (i) requested but not received by the election | ||||||
| 24 | authority; (ii) received but have not been tabulated by the | ||||||
| 25 | election authority; and (iii) rejected by the election | ||||||
| |||||||
| |||||||
| 1 | authority. | ||||||
| 2 | (c) The State Board of Elections, each election authority, | ||||||
| 3 | and each local election official shall post the following | ||||||
| 4 | information on its website, as applicable: | ||||||
| 5 | (1) no later than 30 days after the proclamation of | ||||||
| 6 | the results of any canvas declaring persons elected, the | ||||||
| 7 | name, political party, if any, and the office of each | ||||||
| 8 | person elected at the general election or consolidated | ||||||
| 9 | election; | ||||||
| 10 | (2) no later than 90 days before the first day that | ||||||
| 11 | nominating petitions may be circulated, the offices that | ||||||
| 12 | will appear on the ballot at the next regular election; | ||||||
| 13 | and | ||||||
| 14 | (3) no later than 5 days after the close of a petition | ||||||
| 15 | filing period, the name, campaign-affiliated email | ||||||
| 16 | address, campaign-affiliated phone number, political party | ||||||
| 17 | affiliation, if any, and office sought by each person who | ||||||
| 18 | has filed petitions for nomination to appear on the ballot | ||||||
| 19 | at the next regular election. | ||||||
| 20 | (Source: P.A. 98-1171, eff. 6-1-15.) | ||||||
| 21 | (10 ILCS 5/1-12) | ||||||
| 22 | Sec. 1-12. Public university voting. | ||||||
| 23 | (a) Each appropriate election authority shall, in addition | ||||||
| 24 | to the early voting conducted at locations otherwise required | ||||||
| 25 | by law, conduct early voting, grace period registration, and | ||||||
| |||||||
| |||||||
| 1 | grace period voting, and election day voting at the student | ||||||
| 2 | union on the campus of a public university within the election | ||||||
| 3 | authority's jurisdiction. The voting required by this | ||||||
| 4 | subsection (a) to be conducted on campus must be conducted | ||||||
| 5 | from the 6th day before a general primary or general election | ||||||
| 6 | through until and including the 4th day before a general | ||||||
| 7 | primary or general election. For early voting and grace period | ||||||
| 8 | voting, the location shall be open from 10:00 a.m. to 5:00 5 | ||||||
| 9 | p.m. and standard hours on a general primary or general | ||||||
| 10 | election day and as otherwise required by Article 19A of this | ||||||
| 11 | Code, except that the voting required by this subsection (a) | ||||||
| 12 | need not be conducted during a consolidated primary or | ||||||
| 13 | consolidated election. The If an election authority has voting | ||||||
| 14 | equipment that can accommodate a ballot in every form required | ||||||
| 15 | in the election authority's jurisdiction, then the election | ||||||
| 16 | authority shall extend early voting and grace period | ||||||
| 17 | registration and voting under this Section to any registered | ||||||
| 18 | voter in the election authority's jurisdiction. However, if | ||||||
| 19 | the election authority does not have voting equipment that can | ||||||
| 20 | accommodate a ballot in every form required in the election | ||||||
| 21 | authority's jurisdiction, then the election authority may | ||||||
| 22 | limit early voting and grace period registration and voting | ||||||
| 23 | under this Section to voters in precincts where the public | ||||||
| 24 | university is located and precincts bordering the university. | ||||||
| 25 | Each public university shall make the space available at the | ||||||
| 26 | student union for, and cooperate and coordinate with the | ||||||
| |||||||
| |||||||
| 1 | appropriate election authority in, the implementation of this | ||||||
| 2 | subsection (a). | ||||||
| 3 | (b) (Blank). | ||||||
| 4 | (c) For the purposes of this Section, "public university" | ||||||
| 5 | means the University of Illinois, Illinois State University, | ||||||
| 6 | Chicago State University, Governors State University, Southern | ||||||
| 7 | Illinois University, Northern Illinois University, Eastern | ||||||
| 8 | Illinois University, Western Illinois University, and | ||||||
| 9 | Northeastern Illinois University. | ||||||
| 10 | (d) For the purposes of this Section, "student union" | ||||||
| 11 | means the Student Center at 750 S. Halsted on the University of | ||||||
| 12 | Illinois-Chicago campus; the Public Affairs Center at the | ||||||
| 13 | University of Illinois at Springfield or a new building | ||||||
| 14 | completed after the effective date of this Act housing student | ||||||
| 15 | government at the University of Illinois at Springfield; the | ||||||
| 16 | Illini Union at the University of Illinois at | ||||||
| 17 | Urbana-Champaign; the SIUC Student Center at the Southern | ||||||
| 18 | Illinois University at Carbondale campus; the Morris | ||||||
| 19 | University Center at the Southern Illinois University at | ||||||
| 20 | Edwardsville campus; the University Union at the Western | ||||||
| 21 | Illinois University at the Macomb campus; the Holmes Student | ||||||
| 22 | Center at the Northern Illinois University campus; the | ||||||
| 23 | University Union at the Eastern Illinois University campus; | ||||||
| 24 | NEIU Student Union at the Northeastern Illinois University | ||||||
| 25 | campus; the Bone Student Center at the Illinois State | ||||||
| 26 | University campus; the Cordell Reed Student Union at the | ||||||
| |||||||
| |||||||
| 1 | Chicago State University campus; and the Hall of Governors in | ||||||
| 2 | Building D at the Governors State University campus. | ||||||
| 3 | (Source: P.A. 98-115, eff. 7-29-13; 98-691, eff. 7-1-14; | ||||||
| 4 | 98-1171, eff. 6-1-15; 99-522, eff. 6-30-16.) | ||||||
| 5 | (10 ILCS 5/1A-8) (from Ch. 46, par. 1A-8) | ||||||
| 6 | Sec. 1A-8. The State Board of Elections shall exercise the | ||||||
| 7 | following powers and perform the following duties in addition | ||||||
| 8 | to any powers or duties otherwise provided for by law: | ||||||
| 9 | (1) Assume all duties and responsibilities of the | ||||||
| 10 | State Electoral Board and the Secretary of State as | ||||||
| 11 | heretofore provided in this Code; | ||||||
| 12 | (2) Disseminate information to and consult with | ||||||
| 13 | election authorities concerning the conduct of elections | ||||||
| 14 | and registration in accordance with the laws of this State | ||||||
| 15 | and the laws of the United States; | ||||||
| 16 | (3) Furnish to each election authority prior to each | ||||||
| 17 | primary and general election and any other election it | ||||||
| 18 | deems necessary, a manual of uniform instructions | ||||||
| 19 | consistent with the provisions of this Code which shall be | ||||||
| 20 | used by election authorities in the preparation of the | ||||||
| 21 | official manual of instruction to be used by the judges of | ||||||
| 22 | election in any such election. In preparing such manual, | ||||||
| 23 | the State Board shall consult with representatives of the | ||||||
| 24 | election authorities throughout the State. The State Board | ||||||
| 25 | may provide separate portions of the uniform instructions | ||||||
| |||||||
| |||||||
| 1 | applicable to different election jurisdictions which | ||||||
| 2 | administer elections under different options provided by | ||||||
| 3 | law. The State Board may by regulation require particular | ||||||
| 4 | portions of the uniform instructions to be included in any | ||||||
| 5 | official manual of instructions published by election | ||||||
| 6 | authorities. Any manual of instructions published by any | ||||||
| 7 | election authority shall be identical with the manual of | ||||||
| 8 | uniform instructions issued by the Board, but may be | ||||||
| 9 | adapted by the election authority to accommodate special | ||||||
| 10 | or unusual local election problems, provided that all | ||||||
| 11 | manuals published by election authorities must be | ||||||
| 12 | consistent with the provisions of this Code in all | ||||||
| 13 | respects and must receive the approval of the State Board | ||||||
| 14 | of Elections prior to publication; provided further that | ||||||
| 15 | if the State Board does not approve or disapprove of a | ||||||
| 16 | proposed manual within 60 days of its submission, the | ||||||
| 17 | manual shall be deemed approved; | ||||||
| 18 | (4) Prescribe and require the use of such uniform | ||||||
| 19 | forms, notices, and other supplies not inconsistent with | ||||||
| 20 | the provisions of this Code as it shall deem advisable | ||||||
| 21 | which shall be used by election authorities in the conduct | ||||||
| 22 | of elections and registrations; | ||||||
| 23 | (5) Prepare and certify the form of ballot for any | ||||||
| 24 | proposed amendment to the Constitution of the State of | ||||||
| 25 | Illinois, or any referendum to be submitted to the | ||||||
| 26 | electors throughout the State or, when required to do so | ||||||
| |||||||
| |||||||
| 1 | by law, to the voters of any area or unit of local | ||||||
| 2 | government of the State; | ||||||
| 3 | (6) Require such statistical reports regarding the | ||||||
| 4 | conduct of elections and registration from election | ||||||
| 5 | authorities as may be deemed necessary; | ||||||
| 6 | (7) Review and inspect procedures and records relating | ||||||
| 7 | to conduct of elections and registration as may be deemed | ||||||
| 8 | necessary, and to report violations of election laws to | ||||||
| 9 | the appropriate State's Attorney or the Attorney General; | ||||||
| 10 | (8) Recommend to the General Assembly legislation to | ||||||
| 11 | improve the administration of elections and registration; | ||||||
| 12 | (9) Adopt, amend or rescind rules and regulations in | ||||||
| 13 | the performance of its duties provided that all such rules | ||||||
| 14 | and regulations must be consistent with the provisions of | ||||||
| 15 | this Article 1A or issued pursuant to authority otherwise | ||||||
| 16 | provided by law; | ||||||
| 17 | (10) Determine the validity and sufficiency of | ||||||
| 18 | petitions filed under Article XIV, Section 3, of the | ||||||
| 19 | Constitution of the State of Illinois of 1970; | ||||||
| 20 | (11) Maintain in its principal office a research | ||||||
| 21 | library that includes, but is not limited to, abstracts of | ||||||
| 22 | votes by precinct for general primary elections and | ||||||
| 23 | general elections, current precinct maps, and current | ||||||
| 24 | precinct poll lists from all election jurisdictions within | ||||||
| 25 | the State. The research library shall be open to the | ||||||
| 26 | public during regular business hours. Such abstracts, | ||||||
| |||||||
| |||||||
| 1 | maps, and lists shall be preserved as permanent records | ||||||
| 2 | and shall be available for examination and copying at a | ||||||
| 3 | reasonable cost; | ||||||
| 4 | (12) Supervise the administration of the registration | ||||||
| 5 | and election laws throughout the State; | ||||||
| 6 | (13) Obtain from the Department of Central Management | ||||||
| 7 | Services, under Section 405-250 of the Department of | ||||||
| 8 | Central Management Services Law, such use of electronic | ||||||
| 9 | data processing equipment as may be required to perform | ||||||
| 10 | the duties of the State Board of Elections and to provide | ||||||
| 11 | election-related information to candidates, public and | ||||||
| 12 | party officials, interested civic organizations, and the | ||||||
| 13 | general public in a timely and efficient manner; | ||||||
| 14 | (14) To take such action as may be necessary or | ||||||
| 15 | required to give effect to directions of the national | ||||||
| 16 | committee or State central committee of an established | ||||||
| 17 | political party under Sections 7-8, 7-11, and 7-14.1 or | ||||||
| 18 | such other provisions as may be applicable pertaining to | ||||||
| 19 | the selection of delegates and alternate delegates to an | ||||||
| 20 | established political party's national nominating | ||||||
| 21 | conventions or, notwithstanding any candidate | ||||||
| 22 | certification schedule contained within this Code, the | ||||||
| 23 | certification of the Presidential and Vice Presidential | ||||||
| 24 | candidate selected by the established political party's | ||||||
| 25 | national nominating convention; | ||||||
| 26 | (15) To post all early voting sites separated by | ||||||
| |||||||
| |||||||
| 1 | election authority and hours of operation on its website | ||||||
| 2 | at least 5 business days before the period for early | ||||||
| 3 | voting begins; | ||||||
| 4 | (16) To post on its website the statewide totals, and | ||||||
| 5 | totals separated by each election authority, for each of | ||||||
| 6 | the counts received pursuant to Section 1-9.2; and | ||||||
| 7 | (17) To post on its website, in a downloadable format, | ||||||
| 8 | the information received from each election authority | ||||||
| 9 | under Section 1-17; and . | ||||||
| 10 | (18) To revoke or suspend raffle licenses for | ||||||
| 11 | political committees that violate Section 8.1 of the | ||||||
| 12 | Raffles and Poker Runs Act. | ||||||
| 13 | The Board may by regulation delegate any of its duties or | ||||||
| 14 | functions under this Article, except that final determinations | ||||||
| 15 | and orders under this Article shall be issued only by the | ||||||
| 16 | Board. | ||||||
| 17 | The requirement for reporting to the General Assembly | ||||||
| 18 | shall be satisfied by filing copies of the report as required | ||||||
| 19 | by Section 3.1 of the General Assembly Organization Act, and | ||||||
| 20 | filing such additional copies with the State Government Report | ||||||
| 21 | Distribution Center for the General Assembly as is required | ||||||
| 22 | under paragraph (t) of Section 7 of the State Library Act. | ||||||
| 23 | (Source: P.A. 103-605, eff. 7-1-24.) | ||||||
| 24 | (10 ILCS 5/7-12) (from Ch. 46, par. 7-12) | ||||||
| 25 | Sec. 7-12. All petitions for nomination shall be filed by | ||||||
| |||||||
| |||||||
| 1 | mail or in person as follows: | ||||||
| 2 | (1) Except as otherwise provided in this Code, where | ||||||
| 3 | the nomination is to be made for a State, congressional, | ||||||
| 4 | or judicial office, or for any office a nomination for | ||||||
| 5 | which is made for a territorial division or district which | ||||||
| 6 | comprises more than one county or is partly in one county | ||||||
| 7 | and partly in another county or counties (including the | ||||||
| 8 | Fox Metro Water Reclamation District), then, except as | ||||||
| 9 | otherwise provided in this Section, such petition for | ||||||
| 10 | nomination shall be filed in the principal office of the | ||||||
| 11 | State Board of Elections not more than 141 and not less | ||||||
| 12 | than 134 days prior to the date of the primary, but, in the | ||||||
| 13 | case of petitions for nomination to fill a vacancy by | ||||||
| 14 | special election in the office of representative in | ||||||
| 15 | Congress from this State, such petition for nomination | ||||||
| 16 | shall be filed in the principal office of the State Board | ||||||
| 17 | of Elections not more than 85 days and not less than 82 | ||||||
| 18 | days prior to the date of the primary. | ||||||
| 19 | Where a vacancy occurs in the office of Supreme, | ||||||
| 20 | Appellate or Circuit Court Judge within the 3-week period | ||||||
| 21 | preceding the 134th day before a general primary election, | ||||||
| 22 | petitions for nomination for the office in which the | ||||||
| 23 | vacancy has occurred shall be filed in the principal | ||||||
| 24 | office of the State Board of Elections not more than 120 | ||||||
| 25 | nor less than 113 days prior to the date of the general | ||||||
| 26 | primary election. | ||||||
| |||||||
| |||||||
| 1 | Where the nomination is to be made for delegates or | ||||||
| 2 | alternate delegates to a national nominating convention, | ||||||
| 3 | then such petition for nomination shall be filed in the | ||||||
| 4 | principal office of the State Board of Elections not more | ||||||
| 5 | than 141 and not less than 134 days prior to the date of | ||||||
| 6 | the primary; provided, however, that if the rules or | ||||||
| 7 | policies of a national political party conflict with such | ||||||
| 8 | requirements for filing petitions for nomination for | ||||||
| 9 | delegates or alternate delegates to a national nominating | ||||||
| 10 | convention, the chair of the State central committee of | ||||||
| 11 | such national political party shall notify the Board in | ||||||
| 12 | writing, citing by reference the rules or policies of the | ||||||
| 13 | national political party in conflict, and in such case the | ||||||
| 14 | Board shall direct such petitions to be filed in | ||||||
| 15 | accordance with the delegate selection plan adopted by the | ||||||
| 16 | state central committee of such national political party. | ||||||
| 17 | (2) Where the nomination is to be made for a county | ||||||
| 18 | office or trustee of a sanitary district then such | ||||||
| 19 | petition shall be filed in the office of the county clerk | ||||||
| 20 | not more than 141 nor less than 134 days prior to the date | ||||||
| 21 | of the primary. | ||||||
| 22 | (3) Where the nomination is to be made for a municipal | ||||||
| 23 | or township office, such petitions for nomination shall be | ||||||
| 24 | filed in the office of the local election official, not | ||||||
| 25 | more than 127 nor less than 120 days prior to the date of | ||||||
| 26 | the primary; provided, where a municipality's or | ||||||
| |||||||
| |||||||
| 1 | township's boundaries are coextensive with or are entirely | ||||||
| 2 | within the jurisdiction of a municipal board of election | ||||||
| 3 | commissioners, the petitions shall be filed in the office | ||||||
| 4 | of such board; and provided, that petitions for the office | ||||||
| 5 | of multi-township assessor shall be filed with the | ||||||
| 6 | election authority. | ||||||
| 7 | (4) The petitions of candidates for State central | ||||||
| 8 | committeeperson shall be filed in the principal office of | ||||||
| 9 | the State Board of Elections not more than 141 nor less | ||||||
| 10 | than 134 days prior to the date of the primary. | ||||||
| 11 | (5) Petitions of candidates for precinct, township or | ||||||
| 12 | ward committeepersons shall be filed in the office of the | ||||||
| 13 | county clerk not more than 141 nor less than 134 days prior | ||||||
| 14 | to the date of the primary. | ||||||
| 15 | (6) The State Board of Elections and the various | ||||||
| 16 | election authorities and local election officials with | ||||||
| 17 | whom such petitions for nominations are filed shall | ||||||
| 18 | specify the place where filings shall be made and upon | ||||||
| 19 | receipt shall endorse thereon the day and hour on which | ||||||
| 20 | each petition was filed. All petitions filed by persons | ||||||
| 21 | waiting in line as of 8:00 a.m. on the first day for | ||||||
| 22 | filing, or as of the normal opening hour of the office | ||||||
| 23 | involved on such day, shall be deemed filed as of 8:00 a.m. | ||||||
| 24 | or the normal opening hour, as the case may be. Petitions | ||||||
| 25 | filed by mail and received after midnight of the first day | ||||||
| 26 | for filing and in the first mail delivery or pickup of that | ||||||
| |||||||
| |||||||
| 1 | day shall be deemed as filed as of 8:00 a.m. of that day or | ||||||
| 2 | as of the normal opening hour of such day, as the case may | ||||||
| 3 | be. All petitions received thereafter shall be deemed as | ||||||
| 4 | filed in the order of actual receipt. However, 2 or more | ||||||
| 5 | petitions filed within the last hour of the filing | ||||||
| 6 | deadline shall be deemed filed simultaneously. Where 2 or | ||||||
| 7 | more petitions are received simultaneously, the State | ||||||
| 8 | Board of Elections or the various election authorities or | ||||||
| 9 | local election officials with whom such petitions are | ||||||
| 10 | filed shall break ties and determine the order of filing, | ||||||
| 11 | by means of a lottery or other fair and impartial method of | ||||||
| 12 | random selection approved by the State Board of Elections. | ||||||
| 13 | Such lottery shall be conducted within 9 days following | ||||||
| 14 | the last day for petition filing and shall be open to the | ||||||
| 15 | public. Seven days written notice of the time and place of | ||||||
| 16 | conducting such random selection shall be given by the | ||||||
| 17 | State Board of Elections to the chair of the State central | ||||||
| 18 | committee of each established political party, and by each | ||||||
| 19 | election authority or local election official, to the | ||||||
| 20 | County Chair of each established political party, and to | ||||||
| 21 | each organization of citizens within the election | ||||||
| 22 | jurisdiction which was entitled, under this Article, at | ||||||
| 23 | the next preceding election, to have pollwatchers present | ||||||
| 24 | on the day of election. The State Board of Elections, | ||||||
| 25 | election authority or local election official shall post | ||||||
| 26 | in a conspicuous, open and public place, at the entrance | ||||||
| |||||||
| |||||||
| 1 | of the office, notice of the time and place of such | ||||||
| 2 | lottery. The State Board of Elections shall adopt rules | ||||||
| 3 | and regulations governing the procedures for the conduct | ||||||
| 4 | of such lottery. All candidates shall be certified in the | ||||||
| 5 | order in which their petitions have been filed. Where | ||||||
| 6 | candidates have filed simultaneously, they shall be | ||||||
| 7 | certified in the order determined by lot and prior to | ||||||
| 8 | candidates who filed for the same office at a later time. | ||||||
| 9 | (7) The State Board of Elections or the appropriate | ||||||
| 10 | election authority or local election official with whom | ||||||
| 11 | such a petition for nomination is filed shall notify the | ||||||
| 12 | person for whom a petition for nomination has been filed | ||||||
| 13 | of the obligation to file statements of organization, | ||||||
| 14 | reports of campaign contributions, and quarterly reports | ||||||
| 15 | of campaign contributions and expenditures under Article 9 | ||||||
| 16 | of this Code. Such notice shall be given in the manner | ||||||
| 17 | prescribed by paragraph (7) of Section 9-16 of this Code. | ||||||
| 18 | (8) Nomination papers filed under this Section are not | ||||||
| 19 | valid if the candidate named therein fails to file a | ||||||
| 20 | statement of economic interests as required by the | ||||||
| 21 | Illinois Governmental Ethics Act in relation to his | ||||||
| 22 | candidacy with the appropriate officer by the end of the | ||||||
| 23 | period for the filing of nomination papers unless he has | ||||||
| 24 | filed a statement of economic interests in relation to the | ||||||
| 25 | same governmental unit with that officer within a year | ||||||
| 26 | preceding the date on which such nomination papers were | ||||||
| |||||||
| |||||||
| 1 | filed. If the nomination papers of any candidate and the | ||||||
| 2 | statement of economic interests of that candidate are not | ||||||
| 3 | required to be filed with the same officer, the candidate | ||||||
| 4 | must file with the officer with whom the nomination papers | ||||||
| 5 | are filed a receipt from the officer with whom the | ||||||
| 6 | statement of economic interests is filed showing the date | ||||||
| 7 | on which such statement was filed. Such receipt shall be | ||||||
| 8 | so filed not later than the last day on which nomination | ||||||
| 9 | papers may be filed. | ||||||
| 10 | (9) Except as otherwise provided in this Code, any | ||||||
| 11 | person for whom a petition for nomination, or for | ||||||
| 12 | committeeperson or for delegate or alternate delegate to a | ||||||
| 13 | national nominating convention has been filed may cause | ||||||
| 14 | his name to be withdrawn by request in writing, signed by | ||||||
| 15 | him and duly acknowledged before an officer qualified to | ||||||
| 16 | take acknowledgments of deeds, and filed in the principal | ||||||
| 17 | or permanent branch office of the State Board of Elections | ||||||
| 18 | or with the appropriate election authority or local | ||||||
| 19 | election official, not later than the date of | ||||||
| 20 | certification of candidates for the consolidated primary | ||||||
| 21 | or general primary ballot. No names so withdrawn shall be | ||||||
| 22 | certified or printed on the primary ballot. If petitions | ||||||
| 23 | for nomination have been filed for the same person with | ||||||
| 24 | respect to more than one political party, his name shall | ||||||
| 25 | not be certified nor printed on the primary ballot of any | ||||||
| 26 | party. If petitions for nomination have been filed for the | ||||||
| |||||||
| |||||||
| 1 | same person for 2 or more offices which are incompatible | ||||||
| 2 | so that the same person could not serve in more than one of | ||||||
| 3 | such offices if elected, that person must withdraw as a | ||||||
| 4 | candidate for all but one of such offices within the 5 | ||||||
| 5 | business days following the last day for petition filing. | ||||||
| 6 | A candidate in a judicial election may file petitions for | ||||||
| 7 | nomination for only one vacancy in a subcircuit and only | ||||||
| 8 | one vacancy in a circuit in any one filing period, and if | ||||||
| 9 | petitions for nomination have been filed for the same | ||||||
| 10 | person for 2 or more vacancies in the same circuit or | ||||||
| 11 | subcircuit in the same filing period, his or her name | ||||||
| 12 | shall be certified only for the first vacancy for which | ||||||
| 13 | the petitions for nomination were filed. If he fails to | ||||||
| 14 | withdraw as a candidate for all but one of such offices | ||||||
| 15 | within such time his name shall not be certified, nor | ||||||
| 16 | printed on the primary ballot, for any office. For the | ||||||
| 17 | purpose of the foregoing provisions, an office in a | ||||||
| 18 | political party is not incompatible with any other office. | ||||||
| 19 | (10)(a) Notwithstanding the provisions of any other | ||||||
| 20 | statute, no primary shall be held for an established | ||||||
| 21 | political party in any township, municipality, or ward | ||||||
| 22 | thereof, where the nomination of such party for every | ||||||
| 23 | office to be voted upon by the electors of such township, | ||||||
| 24 | municipality, or ward thereof, is uncontested. Whenever a | ||||||
| 25 | political party's nomination of candidates is uncontested | ||||||
| 26 | as to one or more, but not all, of the offices to be voted | ||||||
| |||||||
| |||||||
| 1 | upon by the electors of a township, municipality, or ward | ||||||
| 2 | thereof, then a primary shall be held for that party in | ||||||
| 3 | such township, municipality, or ward thereof; provided | ||||||
| 4 | that the primary ballot shall not include those offices | ||||||
| 5 | within such township, municipality, or ward thereof, for | ||||||
| 6 | which the nomination is uncontested. For purposes of this | ||||||
| 7 | Article, the nomination of an established political party | ||||||
| 8 | of a candidate for election to an office shall be deemed to | ||||||
| 9 | be uncontested where not more than the number of persons | ||||||
| 10 | to be nominated have timely filed valid nomination papers | ||||||
| 11 | seeking the nomination of such party for election to such | ||||||
| 12 | office. | ||||||
| 13 | (b) Notwithstanding the provisions of any other | ||||||
| 14 | statute, no primary election shall be held for an | ||||||
| 15 | established political party for any special primary | ||||||
| 16 | election called for the purpose of filling a vacancy in | ||||||
| 17 | the office of representative in the United States Congress | ||||||
| 18 | where the nomination of such political party for said | ||||||
| 19 | office is uncontested. For the purposes of this Article, | ||||||
| 20 | the nomination of an established political party of a | ||||||
| 21 | candidate for election to said office shall be deemed to | ||||||
| 22 | be uncontested where not more than the number of persons | ||||||
| 23 | to be nominated have timely filed valid nomination papers | ||||||
| 24 | seeking the nomination of such established party for | ||||||
| 25 | election to said office. This subsection (b) shall not | ||||||
| 26 | apply if such primary election is conducted on a regularly | ||||||
| |||||||
| |||||||
| 1 | scheduled election day. | ||||||
| 2 | (c) Notwithstanding the provisions in subparagraph (a) | ||||||
| 3 | and (b) of this paragraph (10), whenever a person who has | ||||||
| 4 | not timely filed valid nomination papers and who intends | ||||||
| 5 | to become a write-in candidate for a political party's | ||||||
| 6 | nomination for any office for which the nomination is | ||||||
| 7 | uncontested files a written statement or notice of that | ||||||
| 8 | intent with the local election official where the | ||||||
| 9 | candidate is seeking to appear on the ballot, a primary | ||||||
| 10 | ballot shall be prepared and a primary shall be held for | ||||||
| 11 | that office. Such statement or notice shall be filed on or | ||||||
| 12 | before the date established in this Article for certifying | ||||||
| 13 | candidates for the primary ballot. Such statement or | ||||||
| 14 | notice shall contain (i) the name and address of the | ||||||
| 15 | person intending to become a write-in candidate, (ii) a | ||||||
| 16 | statement that the person is a qualified primary elector | ||||||
| 17 | of the political party from whom the nomination is sought, | ||||||
| 18 | (iii) a statement that the person intends to become a | ||||||
| 19 | write-in candidate for the party's nomination, and (iv) | ||||||
| 20 | the office the person is seeking as a write-in candidate. | ||||||
| 21 | An election authority shall have no duty to conduct a | ||||||
| 22 | primary and prepare a primary ballot for any office for | ||||||
| 23 | which the nomination is uncontested unless a statement or | ||||||
| 24 | notice meeting the requirements of this Section is filed | ||||||
| 25 | in a timely manner. | ||||||
| 26 | (11) If multiple sets of nomination papers are filed | ||||||
| |||||||
| |||||||
| 1 | for a candidate to the same office, the State Board of | ||||||
| 2 | Elections, appropriate election authority or local | ||||||
| 3 | election official where the petitions are filed shall | ||||||
| 4 | within 2 business days notify the candidate of his or her | ||||||
| 5 | multiple petition filings and that the candidate has 3 | ||||||
| 6 | business days after receipt of the notice to notify the | ||||||
| 7 | State Board of Elections, appropriate election authority | ||||||
| 8 | or local election official that he or she may cancel prior | ||||||
| 9 | sets of petitions. If the candidate notifies the State | ||||||
| 10 | Board of Elections, appropriate election authority or | ||||||
| 11 | local election official, the last set of petitions filed | ||||||
| 12 | shall be the only petitions to be considered valid by the | ||||||
| 13 | State Board of Elections, election authority or local | ||||||
| 14 | election official. If the candidate fails to notify the | ||||||
| 15 | State Board of Elections, election authority or local | ||||||
| 16 | election official then only the first set of petitions | ||||||
| 17 | filed shall be valid and all subsequent petitions shall be | ||||||
| 18 | void. | ||||||
| 19 | (12) All nominating petitions shall be available for | ||||||
| 20 | public inspection and shall be preserved for a period of | ||||||
| 21 | not less than 6 months. Nominating petitions shall not be | ||||||
| 22 | subject to the Freedom of Information Act. | ||||||
| 23 | (13) Upon request, the State Board of Elections or an | ||||||
| 24 | election authority, as appropriate, shall promptly provide | ||||||
| 25 | a requester with any requesting nominating petition filed | ||||||
| 26 | with the appropriate election authority within the | ||||||
| |||||||
| |||||||
| 1 | preceding 6 months. | ||||||
| 2 | (Source: P.A. 102-15, eff. 6-17-21; 102-687, eff. 12-17-21; | ||||||
| 3 | 103-586, eff. 5-3-24; 103-600, eff. 7-1-24.) | ||||||
| 4 | (10 ILCS 5/10-8) (from Ch. 46, par. 10-8) | ||||||
| 5 | Sec. 10-8. Except as otherwise provided in this Code, | ||||||
| 6 | certificates of nomination and nomination papers, declarations | ||||||
| 7 | of intent to be a write-in candidate, and petitions to submit | ||||||
| 8 | public questions to a referendum, being filed as required by | ||||||
| 9 | this Code, and being in apparent conformity with the | ||||||
| 10 | provisions of this Code Act, shall be deemed to be valid unless | ||||||
| 11 | objection thereto is duly made in writing within 5 business | ||||||
| 12 | days after the last day for filing the certificate of | ||||||
| 13 | nomination or nomination papers or petition for a public | ||||||
| 14 | question, with the following exceptions: | ||||||
| 15 | A. In the case of petitions to amend Article IV of the | ||||||
| 16 | Constitution of the State of Illinois, there shall be a | ||||||
| 17 | period of 35 business days after the last day for the | ||||||
| 18 | filing of such petitions in which objections can be filed. | ||||||
| 19 | B. In the case of petitions for advisory questions of | ||||||
| 20 | public policy to be submitted to the voters of the entire | ||||||
| 21 | State, there shall be a period of 35 business days after | ||||||
| 22 | the last day for the filing of such petitions in which | ||||||
| 23 | objections can be filed. | ||||||
| 24 | Any legal voter of the political subdivision or district | ||||||
| 25 | in which the candidate or public question is to be voted on, or | ||||||
| |||||||
| |||||||
| 1 | any legal voter in the State in the case of a proposed | ||||||
| 2 | amendment to Article IV of the Constitution or an advisory | ||||||
| 3 | public question to be submitted to the voters of the entire | ||||||
| 4 | State, having objections to any certificate of nomination or | ||||||
| 5 | nomination papers, or petitions, or declarations of intent to | ||||||
| 6 | be a write-in candidate filed, shall file an objector's | ||||||
| 7 | petition together with 2 copies thereof in the principal | ||||||
| 8 | office or the permanent branch office of the State Board of | ||||||
| 9 | Elections, or in the office of the election authority or local | ||||||
| 10 | election official with whom the certificate of nomination, | ||||||
| 11 | nomination papers, or petitions, or declaration of intent to | ||||||
| 12 | be a write-in candidate are on file. Objection petitions that | ||||||
| 13 | do not include 2 copies thereof, shall not be accepted. In the | ||||||
| 14 | case of nomination papers, or certificates of nomination, or | ||||||
| 15 | declaration of intent to be a write-in candidate, the State | ||||||
| 16 | Board of Elections, election authority or local election | ||||||
| 17 | official shall note the day and hour upon which such | ||||||
| 18 | objector's petition is filed, and shall, not later than 12:00 | ||||||
| 19 | p.m. noon on the second business day after receipt of the | ||||||
| 20 | petition, transmit by registered mail or receipted personal | ||||||
| 21 | delivery the certificate of nomination or nomination papers | ||||||
| 22 | and the original objector's petition to the chair of the | ||||||
| 23 | proper electoral board designated in Section 10-9 of this Code | ||||||
| 24 | hereof, or his authorized agent, and shall transmit a copy by | ||||||
| 25 | registered mail or receipted personal delivery of the | ||||||
| 26 | objector's petition, to the candidate whose certificate of | ||||||
| |||||||
| |||||||
| 1 | nomination or nomination papers are objected to, addressed to | ||||||
| 2 | the place of residence designated in said certificate of | ||||||
| 3 | nomination or nomination papers. In the case of objections to | ||||||
| 4 | a petition for a proposed amendment to Article IV of the | ||||||
| 5 | Constitution or for an advisory public question to be | ||||||
| 6 | submitted to the voters of the entire State, the State Board of | ||||||
| 7 | Elections shall note the day and hour upon which such | ||||||
| 8 | objector's petition is filed and shall transmit a copy of the | ||||||
| 9 | objector's petition by registered mail or receipted personal | ||||||
| 10 | delivery to the person designated on a certificate attached to | ||||||
| 11 | the petition as the principal proponent of such proposed | ||||||
| 12 | amendment or public question, or as the proponents' attorney, | ||||||
| 13 | for the purpose of receiving notice of objections. In the case | ||||||
| 14 | of objections to a petition for a public question, to be | ||||||
| 15 | submitted to the voters of a political subdivision, or | ||||||
| 16 | district thereof, the election authority or local election | ||||||
| 17 | official with whom such petition is filed shall note the day | ||||||
| 18 | and hour upon which such objector's petition was filed, and | ||||||
| 19 | shall, not later than 12:00 p.m. noon on the second business | ||||||
| 20 | day after receipt of the petition, transmit by registered mail | ||||||
| 21 | or receipted personal delivery the petition for the public | ||||||
| 22 | question and the original objector's petition to the chair of | ||||||
| 23 | the proper electoral board designated in Section 10-9 of this | ||||||
| 24 | Code hereof, or his authorized agent, and shall transmit a | ||||||
| 25 | copy by registered mail or receipted personal delivery, of the | ||||||
| 26 | objector's petition to the person designated on a certificate | ||||||
| |||||||
| |||||||
| 1 | attached to the petition as the principal proponent of the | ||||||
| 2 | public question, or as the proponent's attorney, for the | ||||||
| 3 | purposes of receiving notice of objections. | ||||||
| 4 | The objector's petition shall give the objector's name and | ||||||
| 5 | residence address, and shall state fully the nature of the | ||||||
| 6 | objections to the certificate of nomination, declaration of | ||||||
| 7 | intent to be a write-in candidate, or nomination papers or | ||||||
| 8 | petitions in question, and shall state the interest of the | ||||||
| 9 | objector and shall state what relief is requested of the | ||||||
| 10 | electoral board. | ||||||
| 11 | The provisions of this Section and of Sections 10-9, | ||||||
| 12 | 10-10, and 10-10.1 shall also apply to and govern objections | ||||||
| 13 | to petitions for nomination filed under Article 7 or Article | ||||||
| 14 | 8, except as otherwise provided in Section 7-13 for cases to | ||||||
| 15 | which it is applicable, and also apply to and govern petitions | ||||||
| 16 | for the submission of public questions under Article 28. For | ||||||
| 17 | purposes of this Section and Section 10-10, objections to | ||||||
| 18 | declarations of intent to be a write-in candidate shall be | ||||||
| 19 | filed in the same manner and subject to the same jurisdiction | ||||||
| 20 | as objections to nomination papers for the same office. | ||||||
| 21 | (Source: P.A. 102-15, eff. 6-17-21; revised 6-24-25.) | ||||||
| 22 | (10 ILCS 5/10-10) (from Ch. 46, par. 10-10) | ||||||
| 23 | Sec. 10-10. Within 24 hours after the receipt of the | ||||||
| 24 | certificate of nomination or nomination papers, declaration of | ||||||
| 25 | intent to be a write-in candidate, or proposed question of | ||||||
| |||||||
| |||||||
| 1 | public policy, as the case may be, and the objector's | ||||||
| 2 | petition, the chair of the electoral board other than the | ||||||
| 3 | State Board of Elections shall send a call by registered or | ||||||
| 4 | certified mail: to each of the members of the electoral board; | ||||||
| 5 | to the objector who filed the objector's petition; either to | ||||||
| 6 | the candidate whose certificate of nomination, or nomination | ||||||
| 7 | papers, or declaration of intent to be a write-in candidate | ||||||
| 8 | are objected to or to the principal proponent or attorney for | ||||||
| 9 | proponents of a question of public policy, as the case may be, | ||||||
| 10 | whose petitions are objected to; to the election authority to | ||||||
| 11 | whom the ballot is certified; and to the appropriate county | ||||||
| 12 | clerk. The chair of the electoral board other than the State | ||||||
| 13 | Board of Elections shall also cause the sheriff of the county | ||||||
| 14 | or counties in which such officers and persons reside to serve | ||||||
| 15 | a copy of such call upon each of such officers and persons, | ||||||
| 16 | which call shall set out the fact that the electoral board is | ||||||
| 17 | required to meet to hear and pass upon the objections to | ||||||
| 18 | nominations made for the office, designating it, and shall | ||||||
| 19 | state the day, hour and place at which the electoral board | ||||||
| 20 | shall meet for the purpose, which place shall be in the county | ||||||
| 21 | court house in the county in the case of the County Officers | ||||||
| 22 | Electoral Board, the Municipal Officers Electoral Board, the | ||||||
| 23 | Township Officers Electoral Board or the Education Officers | ||||||
| 24 | Electoral Board, except that the Municipal Officers Electoral | ||||||
| 25 | Board, the Township Officers Electoral Board, and the | ||||||
| 26 | Education Officers Electoral Board may meet at the location | ||||||
| |||||||
| |||||||
| 1 | where the governing body of the municipality, township, or | ||||||
| 2 | community college district, respectively, holds its regularly | ||||||
| 3 | scheduled meetings, if that location is available; provided | ||||||
| 4 | that voter records may be removed from the offices of an | ||||||
| 5 | election authority only at the discretion and under the | ||||||
| 6 | supervision of the election authority. In those cases where | ||||||
| 7 | the State Board of Elections is the electoral board designated | ||||||
| 8 | under Section 10-9, the chair of the State Board of Elections | ||||||
| 9 | shall, within 24 hours after the receipt of the certificate of | ||||||
| 10 | nomination or nomination papers or petitions for a proposed | ||||||
| 11 | amendment to Article IV of the Constitution or proposed | ||||||
| 12 | statewide question of public policy, send a call by registered | ||||||
| 13 | or certified mail to the objector who files the objector's | ||||||
| 14 | petition, and either to the candidate whose certificate of | ||||||
| 15 | nomination or nomination papers are objected to or to the | ||||||
| 16 | principal proponent or attorney for proponents of the proposed | ||||||
| 17 | Constitutional amendment or statewide question of public | ||||||
| 18 | policy and shall state the day, hour, and place at which the | ||||||
| 19 | electoral board shall meet for the purpose, which place may be | ||||||
| 20 | in the Capitol Building or in the principal or permanent | ||||||
| 21 | branch office of the State Board. The day of the meeting shall | ||||||
| 22 | not be less than 3 nor more than 5 days after the receipt of | ||||||
| 23 | the certificate of nomination or nomination papers and the | ||||||
| 24 | objector's petition by the chair of the electoral board. | ||||||
| 25 | The electoral board shall have the power to administer | ||||||
| 26 | oaths and to subpoena and examine witnesses and, at the | ||||||
| |||||||
| |||||||
| 1 | request of either party and only upon a vote by a majority of | ||||||
| 2 | its members, may authorize the chair to issue subpoenas | ||||||
| 3 | requiring the attendance of witnesses and subpoenas duces | ||||||
| 4 | tecum requiring the production of such books, papers, records | ||||||
| 5 | and documents as may be evidence of any matter under inquiry | ||||||
| 6 | before the electoral board, in the same manner as witnesses | ||||||
| 7 | are subpoenaed in the Circuit Court. | ||||||
| 8 | Service of such subpoenas shall be made by any sheriff or | ||||||
| 9 | other person in the same manner as in cases in such court and | ||||||
| 10 | the fees of such sheriff shall be the same as is provided by | ||||||
| 11 | law, and shall be paid by the objector or candidate who causes | ||||||
| 12 | the issuance of the subpoena. In case any person so served | ||||||
| 13 | shall knowingly neglect or refuse to obey any such subpoena, | ||||||
| 14 | or to testify, the electoral board shall at once file a | ||||||
| 15 | petition in the circuit court of the county in which such | ||||||
| 16 | hearing is to be heard, or has been attempted to be heard, | ||||||
| 17 | setting forth the facts, of such knowing refusal or neglect, | ||||||
| 18 | and accompanying the petition with a copy of the citation and | ||||||
| 19 | the answer, if one has been filed, together with a copy of the | ||||||
| 20 | subpoena and the return of service thereon, and shall apply | ||||||
| 21 | for an order of court requiring such person to attend and | ||||||
| 22 | testify, and forthwith produce books and papers, before the | ||||||
| 23 | electoral board. Any circuit court of the state, excluding the | ||||||
| 24 | judge who is sitting on the electoral board, upon such showing | ||||||
| 25 | shall order such person to appear and testify, and to | ||||||
| 26 | forthwith produce such books and papers, before the electoral | ||||||
| |||||||
| |||||||
| 1 | board at a place to be fixed by the court. If such person shall | ||||||
| 2 | knowingly fail or refuse to obey such order of the court | ||||||
| 3 | without lawful excuse, the court shall punish him or her by | ||||||
| 4 | fine and imprisonment, as the nature of the case may require | ||||||
| 5 | and may be lawful in cases of contempt of court. | ||||||
| 6 | The electoral board on the first day of its meeting shall | ||||||
| 7 | adopt rules of procedure for the introduction of evidence and | ||||||
| 8 | the presentation of arguments and may, in its discretion, | ||||||
| 9 | provide for the filing of briefs by the parties to the | ||||||
| 10 | objection or by other interested persons. | ||||||
| 11 | In the event of a State Electoral Board hearing on | ||||||
| 12 | objections to a petition for an amendment to Article IV of the | ||||||
| 13 | Constitution pursuant to Section 3 of Article XIV of the | ||||||
| 14 | Constitution, or to a petition for a question of public policy | ||||||
| 15 | to be submitted to the voters of the entire State, the | ||||||
| 16 | certificates of the county clerks and boards of election | ||||||
| 17 | commissioners showing the results of the random sample of | ||||||
| 18 | signatures on the petition shall be prima facie valid and | ||||||
| 19 | accurate, and shall be presumed to establish the number of | ||||||
| 20 | valid and invalid signatures on the petition sheets reviewed | ||||||
| 21 | in the random sample, as prescribed in Section 28-11 and 28-12 | ||||||
| 22 | of this Code. Either party, however, may introduce evidence at | ||||||
| 23 | such hearing to dispute the findings as to particular | ||||||
| 24 | signatures. In addition to the foregoing, in the absence of | ||||||
| 25 | competent evidence presented at such hearing by a party | ||||||
| 26 | substantially challenging the results of a random sample, or | ||||||
| |||||||
| |||||||
| 1 | showing a different result obtained by an additional sample, | ||||||
| 2 | this certificate of a county clerk or board of election | ||||||
| 3 | commissioners shall be presumed to establish the ratio of | ||||||
| 4 | valid to invalid signatures within the particular election | ||||||
| 5 | jurisdiction. | ||||||
| 6 | The electoral board shall take up the question as to | ||||||
| 7 | whether or not the certificate of nomination, or nomination | ||||||
| 8 | papers, declaration of intent to be a write-in candidate, or | ||||||
| 9 | petitions are in proper form, and whether or not they were | ||||||
| 10 | filed within the time and under the conditions required by | ||||||
| 11 | law, and whether or not they are the genuine certificate of | ||||||
| 12 | nomination or nomination papers or petitions which they | ||||||
| 13 | purport to be, and whether or not in the case of the | ||||||
| 14 | certificate of nomination in question it represents accurately | ||||||
| 15 | the decision of the caucus or convention issuing it, and in | ||||||
| 16 | general shall decide whether or not the certificate of | ||||||
| 17 | nomination, declaration of intent to be a write-in candidate, | ||||||
| 18 | or nominating papers or petitions on file are valid or whether | ||||||
| 19 | the objections thereto should be sustained and the decision of | ||||||
| 20 | a majority of the electoral board shall be final subject to | ||||||
| 21 | judicial review as provided in Section 10-10.1. The electoral | ||||||
| 22 | board must state its findings in writing and must state in | ||||||
| 23 | writing which objections, if any, it has sustained. A copy of | ||||||
| 24 | the decision shall be served upon the parties to the | ||||||
| 25 | proceedings in open proceedings before the electoral board. If | ||||||
| 26 | a party does not appear for receipt of the decision, the | ||||||
| |||||||
| |||||||
| 1 | decision shall be deemed to have been served on the absent | ||||||
| 2 | party on the date when a copy of the decision is personally | ||||||
| 3 | delivered or on the date when a copy of the decision is | ||||||
| 4 | deposited in the United States mail, in a sealed envelope or | ||||||
| 5 | package, with postage prepaid, addressed to each party | ||||||
| 6 | affected by the decision or to such party's attorney of | ||||||
| 7 | record, if any, at the address on record for such person in the | ||||||
| 8 | files of the electoral board. | ||||||
| 9 | Upon the expiration of the period within which a | ||||||
| 10 | proceeding for judicial review must be commenced under Section | ||||||
| 11 | 10-10.1, the electoral board shall, unless a proceeding for | ||||||
| 12 | judicial review has been commenced within such period, | ||||||
| 13 | transmit, by registered or certified mail, a certified copy of | ||||||
| 14 | its ruling, together with the original certificate of | ||||||
| 15 | nomination or nomination papers or petitions and the original | ||||||
| 16 | objector's petition, to the officer or board with whom the | ||||||
| 17 | certificate of nomination or nomination papers or petitions, | ||||||
| 18 | as objected to, were on file and to the election authority to | ||||||
| 19 | whom the ballot is certified and the appropriate county clerk, | ||||||
| 20 | and such officer or board shall abide by and comply with the | ||||||
| 21 | ruling so made to all intents and purposes. | ||||||
| 22 | (Source: P.A. 103-467, eff. 8-4-23.) | ||||||
| 23 | (10 ILCS 5/11-8.5 new) | ||||||
| 24 | Sec. 11-8.5. Universal vote centers pilot program. | ||||||
| 25 | (a) In addition to the vote centers required in subsection | ||||||
| |||||||
| |||||||
| 1 | (a) of Section 11-8, a county election authority may establish | ||||||
| 2 | vote centers for the period of early voting and on election day | ||||||
| 3 | where all voters in its jurisdiction are allowed to vote, | ||||||
| 4 | regardless of the precinct in which they are registered, and | ||||||
| 5 | that location shall provide curbside voting. An election | ||||||
| 6 | authority establishing vote centers under this Section shall | ||||||
| 7 | certify to the State Board of Elections no later than December | ||||||
| 8 | 15, 2026, and shall make the locations public no later than the | ||||||
| 9 | 60th day preceding an election. | ||||||
| 10 | (b) For the elections held between January 1, 2027 through | ||||||
| 11 | December 31, 2029, a county election authority may establish | ||||||
| 12 | additional vote centers as described under subsection (a). In | ||||||
| 13 | establishing these vote centers, the election authority shall | ||||||
| 14 | do so in accordance with the following: | ||||||
| 15 | (1) For each general primary election and general | ||||||
| 16 | election, an election authority shall designate a minimum | ||||||
| 17 | number of vote centers, as follows: | ||||||
| 18 | (A) For counties with at least 50,000 registered | ||||||
| 19 | voters on the day of election, at least one vote center | ||||||
| 20 | for each 12,500 registered voters. | ||||||
| 21 | (B) For counties with fewer than 50,000 registered | ||||||
| 22 | voters, at least one vote center for each 10,000 | ||||||
| 23 | registered voters. | ||||||
| 24 | For the purposes of this paragraph, the number of | ||||||
| 25 | registered in a county is the number of voters registered | ||||||
| 26 | in the county on the date of the preceding presidential | ||||||
| |||||||
| |||||||
| 1 | election or on the date of the preceding general election, | ||||||
| 2 | whichever is greater. | ||||||
| 3 | (2) A county election authority may designate a | ||||||
| 4 | greater number of vote centers than the minimum required | ||||||
| 5 | by this subsection. | ||||||
| 6 | (3) In selecting the location for vote centers | ||||||
| 7 | required under paragraph (1), each county election | ||||||
| 8 | authority shall consider: | ||||||
| 9 | (A) proximity to the population centers of the | ||||||
| 10 | county, including the population centers within the | ||||||
| 11 | largest municipality or municipalities in a county; | ||||||
| 12 | (B) proximity to public transportation lines and | ||||||
| 13 | availability of parking; | ||||||
| 14 | (C) equitable distribution across the county so as | ||||||
| 15 | to afford maximally convenient options for voters; | ||||||
| 16 | (D) geographic features that affect access and | ||||||
| 17 | convenience; | ||||||
| 18 | (E) access for persons with disabilities; | ||||||
| 19 | (F) use of existing voting locations that | ||||||
| 20 | typically serve a significant number of voters; | ||||||
| 21 | (G) proximity to historically under-represented | ||||||
| 22 | communities; and | ||||||
| 23 | (H) the need to locate vote centers in population | ||||||
| 24 | centers that had lower voter turnout in previous | ||||||
| 25 | elections. | ||||||
| 26 | (4) A county election authority must establish these | ||||||
| |||||||
| |||||||
| 1 | vote centers no later than June 1, 2027. | ||||||
| 2 | (c) If a county election authority certifies voter centers | ||||||
| 3 | will be available as provided in this Section, a county | ||||||
| 4 | election authority may increase the maximum number of | ||||||
| 5 | registered voters per precinct to 1,600 registered voters, | ||||||
| 6 | effective after January 1, 2027. The county shall divide its | ||||||
| 7 | election precincts in accordance with Section 11-2 after | ||||||
| 8 | January 1, 2027 and no later than June 1, 2027, and must | ||||||
| 9 | maintain the election precincts until December 30, 2030 or | ||||||
| 10 | later. | ||||||
| 11 | (d) This Section is repealed on January 1, 2030. | ||||||
| 12 | (10 ILCS 5/11-9 new) | ||||||
| 13 | Sec. 11-9. Name standardization. | ||||||
| 14 | (a) The State Board of Elections shall develop and | ||||||
| 15 | implement standard terminology for the naming of election | ||||||
| 16 | districts, precincts, and polling places to streamline the | ||||||
| 17 | reporting of election results and voter file data for the 2027 | ||||||
| 18 | Consolidated Primary Election. As part of implementing the use | ||||||
| 19 | of standard terminology and to ensure the prompt availability | ||||||
| 20 | of voter file data, no less than 100 days before the 2027 | ||||||
| 21 | Consolidated Primary Election, the State Board of Elections | ||||||
| 22 | shall adopt guidelines, via an order of the Board, for | ||||||
| 23 | election authorities to follow when naming election districts, | ||||||
| 24 | precincts, and polling places. The guidelines shall require | ||||||
| 25 | each election district, precinct, and polling place to have a | ||||||
| |||||||
| |||||||
| 1 | standard identification and a human-readable name. The State | ||||||
| 2 | Board of Elections shall publish a first draft of the | ||||||
| 3 | guidelines at least 10 days before adopting the guidelines | ||||||
| 4 | through an order of the Board. | ||||||
| 5 | (b) Every election authority shall use the guidelines | ||||||
| 6 | adopted under subsection (a) to name election districts, | ||||||
| 7 | precincts, and polling places. Every election authority shall | ||||||
| 8 | submit the names to the State Board of Elections no less than | ||||||
| 9 | 70 days before the 2027 Consolidated Primary Election. | ||||||
| 10 | (c) The State Board of Elections shall amend the names of | ||||||
| 11 | any election district, precinct, or polling place that does | ||||||
| 12 | not conform to the guidelines adopted under subsection (a). | ||||||
| 13 | The State Board of Elections shall send those amended names to | ||||||
| 14 | the election authority as soon as practicable. | ||||||
| 15 | (d) No less than 50 days before the 2027 Consolidated | ||||||
| 16 | Primary Election, all election districts, election precincts, | ||||||
| 17 | and polling places shall be named in accordance with the | ||||||
| 18 | guidelines adopted under subsection (a). | ||||||
| 19 | (e) No later than the 2027 Consolidated Primary Election, | ||||||
| 20 | the State Board of Elections shall adopt administrative rules | ||||||
| 21 | for name standardization for all elections subsequent to the | ||||||
| 22 | 2027 Consolidated Primary Election. For every election | ||||||
| 23 | subsequent to the 2027 Consolidated Primary Election, every | ||||||
| 24 | election authority and the State Board of Elections shall name | ||||||
| 25 | election districts, precincts, and polling places in a manner | ||||||
| 26 | similar to the process described in subsections (b) and (c). | ||||||
| |||||||
| |||||||
| 1 | (f) If the requirements of this Section conflict with any | ||||||
| 2 | specific provision of this Code, the requirements of this | ||||||
| 3 | Section prevail. | ||||||
| 4 | (10 ILCS 5/17-13.5) | ||||||
| 5 | Sec. 17-13.5. Curbside voting. | ||||||
| 6 | (a) Election authorities may establish curbside voting for | ||||||
| 7 | individuals to cast a ballot during early voting or on | ||||||
| 8 | election day. An election authority's curbside voting program | ||||||
| 9 | shall designate at least 2 election judges from opposite | ||||||
| 10 | parties per vehicle, and the individual shall have the | ||||||
| 11 | opportunity to mark the ballot without interference from the | ||||||
| 12 | election judges. | ||||||
| 13 | (b) Election authorities shall establish curbside voting | ||||||
| 14 | for individuals with disabilities to cast a ballot during | ||||||
| 15 | early voting and on election day at no less than one voting | ||||||
| 16 | location within the election authority's jurisdiction. An | ||||||
| 17 | election authority's curbside voting program shall designate | ||||||
| 18 | at least 2 election judges from opposite parties per vehicle, | ||||||
| 19 | and the individual shall have the opportunity to mark the | ||||||
| 20 | ballot without interference from the election judges. No later | ||||||
| 21 | than the 10th day preceding the start of early voting or | ||||||
| 22 | election day voting, an election authority shall post on their | ||||||
| 23 | publicly accessible website the voting location or locations | ||||||
| 24 | where curbside voting is available and the method by which an | ||||||
| 25 | individual with a disability may contact a poll worker in | ||||||
| |||||||
| |||||||
| 1 | order to vote at the curbside voting location, including, but | ||||||
| 2 | not limited to, a posted phone number, a doorbell device, or | ||||||
| 3 | the stationing of a poll worker at the curbside voting | ||||||
| 4 | location. | ||||||
| 5 | (Source: P.A. 102-15, eff. 6-17-21.) | ||||||
| 6 | (10 ILCS 5/19-3) (from Ch. 46, par. 19-3) | ||||||
| 7 | Sec. 19-3. Application for a vote by mail ballot. | ||||||
| 8 | (a) The application for a vote by mail ballot for a single | ||||||
| 9 | election shall be substantially in the following form: | ||||||
| 10 | APPLICATION FOR VOTE BY MAIL BALLOT | ||||||
| 11 | To be voted at the .... election in the County of .... and | ||||||
| 12 | State of Illinois. | ||||||
| 13 | I state that I am a resident of .... in the municipality of | ||||||
| 14 | .... in the county of ....; that I have resided at such address | ||||||
| 15 | for at least 30 days; that I am lawfully entitled to vote at | ||||||
| 16 | the .... election to be held on ....; and that I wish to vote | ||||||
| 17 | by mail. | ||||||
| 18 | I hereby make application for an official ballot or | ||||||
| 19 | ballots to be voted by me at such election, and I agree that I | ||||||
| 20 | shall return such ballot or ballots to the official issuing | ||||||
| 21 | the same prior to the closing of the polls on the date of the | ||||||
| 22 | election or, if returned by mail, postmarked no later than | ||||||
| 23 | election day, for counting no later than during the period for | ||||||
| 24 | counting provisional ballots, the last day of which is the | ||||||
| 25 | 14th day following election day. | ||||||
| |||||||
| |||||||
| 1 | I understand that this application is made for an official | ||||||
| 2 | vote by mail ballot or ballots to be voted by me at the | ||||||
| 3 | election specified in this application and that I must submit | ||||||
| 4 | a separate application for an official vote by mail ballot or | ||||||
| 5 | ballots to be voted by me at any subsequent election. | ||||||
| 6 | Under penalties as provided by law pursuant to Section | ||||||
| 7 | 29-10 of the Election Code, the undersigned certifies that the | ||||||
| 8 | statements set forth in this application are true and correct. | ||||||
| 9 | .... | ||||||
| 10 | *fill in either (1), (2) or (3). | ||||||
| 11 | Post office address to which ballot is mailed: | ||||||
| 12 | ............... | ||||||
| 13 | (a-5) The application for a single vote by mail ballot | ||||||
| 14 | transmitted electronically pursuant to Section 19-2.6 shall be | ||||||
| 15 | substantively similar to the application for a vote by mail | ||||||
| 16 | ballot for a single election and shall include: | ||||||
| 17 | I swear or affirm that I am a voter with a print | ||||||
| 18 | disability, and, as a result of this disability, I am | ||||||
| 19 | making a request to receive a vote by mail ballot | ||||||
| 20 | electronically so that I may privately and independently | ||||||
| 21 | mark, verify, and print my vote by mail ballot. | ||||||
| 22 | (b) The application for permanent vote by mail status | ||||||
| 23 | shall be substantially in the following form: | ||||||
| 24 | APPLICATION FOR PERMANENT VOTE BY MAIL STATUS | ||||||
| 25 | I am currently a registered voter and wish to apply for | ||||||
| 26 | permanent vote by mail status. | ||||||
| |||||||
| |||||||
| 1 | I state that I am a resident of .... in the municipality of | ||||||
| 2 | .... in the county of ....; that I have resided at such address | ||||||
| 3 | for at least 30 days; that I am lawfully entitled to vote at | ||||||
| 4 | the .... election to be held on ....; and that I wish to vote | ||||||
| 5 | by mail in: | ||||||
| 6 | ..... all subsequent elections that do not require a party | ||||||
| 7 | designation. | ||||||
| 8 | ..... all subsequent elections, and I wish to receive a | ||||||
| 9 | ................... Party vote by mail ballot in | ||||||
| 10 | elections that require a party designation. | ||||||
| 11 | I hereby make application for an official ballot or | ||||||
| 12 | ballots to be voted by me at such election, and I agree that I | ||||||
| 13 | shall return such ballot or ballots to the official issuing | ||||||
| 14 | the same prior to the closing of the polls on the date of the | ||||||
| 15 | election or, if returned by mail, postmarked no later than | ||||||
| 16 | election day, for counting no later than during the period for | ||||||
| 17 | counting provisional ballots, the last day of which is the | ||||||
| 18 | 14th day following election day. | ||||||
| 19 | Under penalties as provided by law under Section 29-10 of | ||||||
| 20 | the Election Code, the undersigned certifies that the | ||||||
| 21 | statements set forth in this application are true and correct. | ||||||
| 22 | .... | ||||||
| 23 | Post office address to which ballot is mailed: | ||||||
| 24 | ............... | ||||||
| 25 | (b-5) The application for permanent vote by mail ballots | ||||||
| 26 | transmitted electronically pursuant to Section 19-2.6 shall be | ||||||
| |||||||
| |||||||
| 1 | substantively similar to the application for permanent vote by | ||||||
| 2 | mail status and shall include: | ||||||
| 3 | I swear or affirm that I am a voter with a | ||||||
| 4 | non-temporary print disability, and as a result of this | ||||||
| 5 | disability, I am making a request to receive vote by mail | ||||||
| 6 | ballots electronically so that I may privately and | ||||||
| 7 | independently mark, verify, and print my vote by mail | ||||||
| 8 | ballots. | ||||||
| 9 | (c) However, if application is made for a primary election | ||||||
| 10 | ballot, such application shall require the applicant to | ||||||
| 11 | designate the name of the political party with which the | ||||||
| 12 | applicant is affiliated. The election authority shall allow | ||||||
| 13 | any voter on permanent vote by mail status to change his or her | ||||||
| 14 | party affiliation for a primary election ballot by a method | ||||||
| 15 | and deadline published and selected by the election authority. | ||||||
| 16 | (d) If application is made electronically, the applicant | ||||||
| 17 | shall mark the box associated with the above described | ||||||
| 18 | statement included as part of the online application | ||||||
| 19 | certifying that the statements set forth in the application | ||||||
| 20 | under subsection (a) or (b) are true and correct, and a | ||||||
| 21 | signature is not required. | ||||||
| 22 | (e) Any person may produce, reproduce, distribute, or | ||||||
| 23 | return to an election authority an application under this | ||||||
| 24 | Section. If applications are sent to a post office box | ||||||
| 25 | controlled by any individual or organization that is not an | ||||||
| 26 | election authority, those applications shall (i) include a | ||||||
| |||||||
| |||||||
| 1 | valid and current phone number for the individual or | ||||||
| 2 | organization controlling the post office box and (ii) be | ||||||
| 3 | turned over to the appropriate election authority within 7 | ||||||
| 4 | days of receipt or, if received within 2 weeks of the election | ||||||
| 5 | in which an applicant intends to vote, within 2 days of | ||||||
| 6 | receipt. Failure to turn over the applications in compliance | ||||||
| 7 | with this paragraph shall constitute a violation of this Code | ||||||
| 8 | and shall be punishable as a petty offense with a fine of $100 | ||||||
| 9 | per application. Removing, tampering with, or otherwise | ||||||
| 10 | knowingly making the postmark on the application unreadable by | ||||||
| 11 | the election authority shall establish a rebuttable | ||||||
| 12 | presumption of a violation of this paragraph. Upon receipt, | ||||||
| 13 | the appropriate election authority shall accept and promptly | ||||||
| 14 | process any application under this Section submitted in a form | ||||||
| 15 | substantially similar to that required by this Section, | ||||||
| 16 | including any substantially similar production or reproduction | ||||||
| 17 | generated by the applicant. | ||||||
| 18 | (f) An election authority shall may combine the | ||||||
| 19 | applications in subsections (a) and (b) onto one form, but the | ||||||
| 20 | distinction between the applications must be clear and the | ||||||
| 21 | form must provide check boxes for an applicant to indicate | ||||||
| 22 | whether he or she is applying for a single election vote by | ||||||
| 23 | mail ballot or for permanent vote by mail status. | ||||||
| 24 | (Source: P.A. 102-15, eff. 6-17-21; 102-819, eff. 5-13-22; | ||||||
| 25 | 103-467, eff. 8-4-23.) | ||||||
| |||||||
| |||||||
| 1 | (10 ILCS 5/19-8) (from Ch. 46, par. 19-8) | ||||||
| 2 | Sec. 19-8. Time and place of counting ballots. | ||||||
| 3 | (a) (Blank). (Blank.) | ||||||
| 4 | (b) Each vote by mail voter's ballot returned to an | ||||||
| 5 | election authority, by any means authorized by this Article, | ||||||
| 6 | and received by that election authority before the closing of | ||||||
| 7 | the polls on election day shall be endorsed by the receiving | ||||||
| 8 | election authority with the day and hour of receipt and may be | ||||||
| 9 | processed by the election authority beginning on the day it is | ||||||
| 10 | received by the election authority in the central ballot | ||||||
| 11 | counting location of the election authority, but the results | ||||||
| 12 | of the processing may not be counted until the day of the | ||||||
| 13 | election after 7:00 p.m., except as provided in subsections | ||||||
| 14 | (g) and (g-5). | ||||||
| 15 | (c) Each vote by mail voter's ballot that is mailed to an | ||||||
| 16 | election authority and postmarked no later than election day, | ||||||
| 17 | but that is received by the election authority after the polls | ||||||
| 18 | close on election day and before the close of the period for | ||||||
| 19 | counting provisional ballots cast at that election, shall be | ||||||
| 20 | endorsed by the receiving authority with the day and hour of | ||||||
| 21 | receipt and shall be counted at the central ballot counting | ||||||
| 22 | location of the election authority during the period for | ||||||
| 23 | counting provisional ballots. | ||||||
| 24 | Each vote by mail voter's ballot that is mailed to an | ||||||
| 25 | election authority absent a postmark or a barcode usable with | ||||||
| 26 | an intelligent mail barcode tracking system, but that is | ||||||
| |||||||
| |||||||
| 1 | received by the election authority after the polls close on | ||||||
| 2 | election day and before the close of the period for counting | ||||||
| 3 | provisional ballots cast at that election, shall be endorsed | ||||||
| 4 | by the receiving authority with the day and hour of receipt, | ||||||
| 5 | opened to inspect the date inserted on the certification, and, | ||||||
| 6 | if the certification date is election day or earlier and the | ||||||
| 7 | ballot is otherwise found to be valid under the requirements | ||||||
| 8 | of this Section, counted at the central ballot counting | ||||||
| 9 | location of the election authority during the period for | ||||||
| 10 | counting provisional ballots. Absent a date on the | ||||||
| 11 | certification, the ballot shall not be counted. | ||||||
| 12 | If an election authority is using an intelligent mail | ||||||
| 13 | barcode tracking system, a ballot that is mailed to an | ||||||
| 14 | election authority absent a postmark may be counted if the | ||||||
| 15 | intelligent mail barcode tracking system verifies the envelope | ||||||
| 16 | was mailed no later than election day. | ||||||
| 17 | (d) Special write-in vote by mail voter's blank ballots | ||||||
| 18 | returned to an election authority, by any means authorized by | ||||||
| 19 | this Article, and received by the election authority at any | ||||||
| 20 | time before the closing of the polls on election day shall be | ||||||
| 21 | endorsed by the receiving election authority with the day and | ||||||
| 22 | hour of receipt and shall be counted at the central ballot | ||||||
| 23 | counting location of the election authority during the same | ||||||
| 24 | period provided for counting vote by mail voters' ballots | ||||||
| 25 | under subsections (b), (g), and (g-5). Special write-in vote | ||||||
| 26 | by mail voter's blank ballots that are mailed to an election | ||||||
| |||||||
| |||||||
| 1 | authority and postmarked no later than election day, but that | ||||||
| 2 | are received by the election authority after the polls close | ||||||
| 3 | on election day and before the closing of the period for | ||||||
| 4 | counting provisional ballots cast at that election, shall be | ||||||
| 5 | endorsed by the receiving authority with the day and hour of | ||||||
| 6 | receipt and shall be counted at the central ballot counting | ||||||
| 7 | location of the election authority during the same periods | ||||||
| 8 | provided for counting vote by mail voters' ballots under | ||||||
| 9 | subsection (c). | ||||||
| 10 | (e) Except as otherwise provided in this Section, vote by | ||||||
| 11 | mail voters' ballots and special write-in vote by mail voter's | ||||||
| 12 | blank ballots received by the election authority after the | ||||||
| 13 | closing of the polls on an election day shall be endorsed by | ||||||
| 14 | the election authority receiving them with the day and hour of | ||||||
| 15 | receipt and shall be safely kept unopened by the election | ||||||
| 16 | authority for the period of time required for the preservation | ||||||
| 17 | of ballots used at the election, and shall then, without being | ||||||
| 18 | opened, be destroyed in like manner as the used ballots of that | ||||||
| 19 | election. | ||||||
| 20 | (f) Counting required under this Section to begin on | ||||||
| 21 | election day after the closing of the polls shall commence no | ||||||
| 22 | later than 8:00 p.m. and shall be conducted by a panel or | ||||||
| 23 | panels of election judges appointed in the manner provided by | ||||||
| 24 | law. The counting shall continue until all vote by mail | ||||||
| 25 | voters' ballots and special write-in vote by mail voter's | ||||||
| 26 | blank ballots required to be counted on election day have been | ||||||
| |||||||
| |||||||
| 1 | counted. | ||||||
| 2 | (g) The procedures set forth in Articles 17 and 18 of this | ||||||
| 3 | Code shall apply to all ballots counted under this Section. In | ||||||
| 4 | addition, within 2 days after a vote by mail ballot is | ||||||
| 5 | received, but in all cases before the close of the period for | ||||||
| 6 | counting provisional ballots, the election judge or official | ||||||
| 7 | shall compare the voter's signature on the certification | ||||||
| 8 | envelope of that vote by mail ballot with the voter's | ||||||
| 9 | signature on the application verified in accordance with | ||||||
| 10 | Section 19-4 or the signature of the voter on file in the | ||||||
| 11 | office of the election authority. If the election judge or | ||||||
| 12 | official determines that the 2 signatures match, and that the | ||||||
| 13 | vote by mail voter is otherwise qualified to cast a vote by | ||||||
| 14 | mail ballot, the election authority shall cast and count the | ||||||
| 15 | ballot on election day or the day the ballot is determined to | ||||||
| 16 | be valid, whichever is later, adding the results to the | ||||||
| 17 | precinct in which the voter is registered. If the election | ||||||
| 18 | judge or official determines that the signatures do not match, | ||||||
| 19 | or that the vote by mail voter is not qualified to cast a vote | ||||||
| 20 | by mail ballot, then without opening the certification | ||||||
| 21 | envelope, the judge or official shall mark across the face of | ||||||
| 22 | the certification envelope the word "Rejected" and shall not | ||||||
| 23 | cast or count the ballot. | ||||||
| 24 | In addition to the voter's signatures not matching, a vote | ||||||
| 25 | by mail ballot may be rejected by the election judge or | ||||||
| 26 | official: | ||||||
| |||||||
| |||||||
| 1 | (1) if the ballot envelope is open or has been opened | ||||||
| 2 | and resealed; | ||||||
| 3 | (2) if the voter has already cast an early or grace | ||||||
| 4 | period ballot; | ||||||
| 5 | (3) if the voter voted in person on election day or the | ||||||
| 6 | voter is not a duly registered voter in the precinct; or | ||||||
| 7 | (4) on any other basis set forth in this Code. | ||||||
| 8 | If the election judge or official determines that any of | ||||||
| 9 | these reasons apply, the judge or official shall mark across | ||||||
| 10 | the face of the certification envelope the word "Rejected" and | ||||||
| 11 | shall not cast or count the ballot. | ||||||
| 12 | (g-5) If a vote by mail ballot is rejected by the election | ||||||
| 13 | judge or official for any reason, the election authority | ||||||
| 14 | shall, within 2 days after the rejection but in all cases | ||||||
| 15 | before the close of the period for counting provisional | ||||||
| 16 | ballots, notify the vote by mail voter that his or her ballot | ||||||
| 17 | was rejected. The notice shall inform the voter of the reason | ||||||
| 18 | or reasons the ballot was rejected and shall state that the | ||||||
| 19 | voter may submit to appear before the election authority, on | ||||||
| 20 | or before the 14th day after the election, to show cause as to | ||||||
| 21 | why the ballot should not be rejected. The voter may present | ||||||
| 22 | evidence to the election authority supporting his or her | ||||||
| 23 | contention that the ballot should be counted. Evidence may be | ||||||
| 24 | submitted in person, by mail, or electronically by email. If a | ||||||
| 25 | ballot is rejected based on the voter's signatures not | ||||||
| 26 | matching, an affidavit or statement affirming the voter signed | ||||||
| |||||||
| |||||||
| 1 | the certification envelope shall be sufficient evidence, and | ||||||
| 2 | the election authority shall not require the affidavit or | ||||||
| 3 | statement to be notarized. The election authority shall | ||||||
| 4 | appoint a panel of 3 election judges to review the contested | ||||||
| 5 | ballot, application, and certification envelope, as well as | ||||||
| 6 | any evidence submitted by the vote by mail voter. No more than | ||||||
| 7 | 2 election judges on the reviewing panel shall be of the same | ||||||
| 8 | political party. The reviewing panel of election judges shall | ||||||
| 9 | make a final determination as to the validity of the contested | ||||||
| 10 | vote by mail ballot. The judges' determination shall not be | ||||||
| 11 | reviewable either administratively or judicially. | ||||||
| 12 | A vote by mail ballot subject to this subsection that is | ||||||
| 13 | determined to be valid shall be counted before the close of the | ||||||
| 14 | period for counting provisional ballots. | ||||||
| 15 | If a vote by mail ballot is rejected for any reason, the | ||||||
| 16 | election authority shall, within one day after the rejection, | ||||||
| 17 | transmit to the State Board of Elections by electronic means | ||||||
| 18 | the voter's name, street address, email address, and precinct, | ||||||
| 19 | ward, township, and district numbers, as the case may be. If a | ||||||
| 20 | rejected vote by mail ballot is determined to be valid, the | ||||||
| 21 | election authority shall, within one day after the | ||||||
| 22 | determination, remove the name of the voter from the list | ||||||
| 23 | transmitted to the State Board of Elections. The State Board | ||||||
| 24 | of Elections shall maintain the names and information in an | ||||||
| 25 | electronic format on its website accessible to State and local | ||||||
| 26 | political committees. | ||||||
| |||||||
| |||||||
| 1 | Upon request by the State or local political committee, | ||||||
| 2 | each election authority shall, within one day after the | ||||||
| 3 | request, provide the following information about all rejected | ||||||
| 4 | vote by mail ballots: voter's name, street address, email | ||||||
| 5 | address, and precinct, ward, township, and district numbers, | ||||||
| 6 | as the case may be. | ||||||
| 7 | (g-10) All vote by mail ballots determined to be valid | ||||||
| 8 | shall be added to the vote totals for the precincts for which | ||||||
| 9 | they were cast in the order in which the ballots were opened. | ||||||
| 10 | (h) Each political party, candidate, and qualified civic | ||||||
| 11 | organization shall be entitled to have present one pollwatcher | ||||||
| 12 | for each panel of election judges therein assigned. | ||||||
| 13 | (Source: P.A. 102-1126, eff. 2-10-23; 103-467, eff. 8-4-23; | ||||||
| 14 | revised 6-24-25.) | ||||||
| 15 | (10 ILCS 5/20-8) (from Ch. 46, par. 20-8) | ||||||
| 16 | Sec. 20-8. Time and place of counting ballots. | ||||||
| 17 | (a) (Blank.) | ||||||
| 18 | (b) Each vote by mail voter's ballot returned to an | ||||||
| 19 | election authority, by any means authorized by this Article, | ||||||
| 20 | and received by that election authority may be processed by | ||||||
| 21 | the election authority beginning on the day it is received by | ||||||
| 22 | the election authority in the central ballot counting location | ||||||
| 23 | of the election authority, but the results of the processing | ||||||
| 24 | may not be counted until the day of the election after 7:00 | ||||||
| 25 | p.m., except as provided in subsections (g) and (g-5). | ||||||
| |||||||
| |||||||
| 1 | (c) Each vote by mail voter's ballot that is mailed to an | ||||||
| 2 | election authority and postmarked no later than election day, | ||||||
| 3 | but that is received by the election authority after the polls | ||||||
| 4 | close on election day and before the close of the period for | ||||||
| 5 | counting provisional ballots cast at that election, shall be | ||||||
| 6 | endorsed by the receiving authority with the day and hour of | ||||||
| 7 | receipt and shall be counted at the central ballot counting | ||||||
| 8 | location of the election authority during the period for | ||||||
| 9 | counting provisional ballots. | ||||||
| 10 | Each vote by mail voter's ballot that is mailed to an | ||||||
| 11 | election authority absent a postmark or a barcode usable with | ||||||
| 12 | an intelligent mail barcode tracking system, but that is | ||||||
| 13 | received by the election authority after the polls close on | ||||||
| 14 | election day and before the close of the period for counting | ||||||
| 15 | provisional ballots cast at that election, shall be endorsed | ||||||
| 16 | by the receiving authority with the day and hour of receipt, | ||||||
| 17 | opened to inspect the date inserted on the certification, and, | ||||||
| 18 | if the certification date is election day or earlier and the | ||||||
| 19 | ballot is otherwise found to be valid under the requirements | ||||||
| 20 | of this Section, counted at the central ballot counting | ||||||
| 21 | location of the election authority during the period for | ||||||
| 22 | counting provisional ballots. Absent a date on the | ||||||
| 23 | certification, the ballot shall not be counted. | ||||||
| 24 | If an election authority is using an intelligent mail | ||||||
| 25 | barcode tracking system, a ballot that is mailed to an | ||||||
| 26 | election authority absent a postmark may be counted if the | ||||||
| |||||||
| |||||||
| 1 | intelligent mail barcode tracking system verifies the envelope | ||||||
| 2 | was mailed no later than election day. | ||||||
| 3 | (d) Special write-in vote by mail voter's blank ballots | ||||||
| 4 | returned to an election authority, by any means authorized by | ||||||
| 5 | this Article, and received by the election authority at any | ||||||
| 6 | time before the closing of the polls on election day shall be | ||||||
| 7 | endorsed by the receiving election authority with the day and | ||||||
| 8 | hour of receipt and shall be counted at the central ballot | ||||||
| 9 | counting location of the election authority during the same | ||||||
| 10 | period provided for counting vote by mail voters' ballots | ||||||
| 11 | under subsections (b), (g), and (g-5). Special write-in vote | ||||||
| 12 | by mail voter's blank ballot that are mailed to an election | ||||||
| 13 | authority and postmarked no later than election day, but that | ||||||
| 14 | are received by the election authority after the polls close | ||||||
| 15 | on election day and before the closing of the period for | ||||||
| 16 | counting provisional ballots cast at that election, shall be | ||||||
| 17 | endorsed by the receiving authority with the day and hour of | ||||||
| 18 | receipt and shall be counted at the central ballot counting | ||||||
| 19 | location of the election authority during the same periods | ||||||
| 20 | provided for counting vote by mail voters' ballots under | ||||||
| 21 | subsection (c). | ||||||
| 22 | (e) Except as otherwise provided in this Section, vote by | ||||||
| 23 | mail voters' ballots and special write-in vote by mail voter's | ||||||
| 24 | blank ballots received by the election authority after the | ||||||
| 25 | closing of the polls on the day of election shall be endorsed | ||||||
| 26 | by the person receiving the ballots with the day and hour of | ||||||
| |||||||
| |||||||
| 1 | receipt and shall be safely kept unopened by the election | ||||||
| 2 | authority for the period of time required for the preservation | ||||||
| 3 | of ballots used at the election, and shall then, without being | ||||||
| 4 | opened, be destroyed in like manner as the used ballots of that | ||||||
| 5 | election. | ||||||
| 6 | (f) Counting required under this Section to begin on | ||||||
| 7 | election day after the closing of the polls shall commence no | ||||||
| 8 | later than 8:00 p.m. and shall be conducted by a panel or | ||||||
| 9 | panels of election judges appointed in the manner provided by | ||||||
| 10 | law. The counting shall continue until all vote by mail | ||||||
| 11 | voters' ballots and special write-in vote by mail voter's | ||||||
| 12 | blank ballots required to be counted on election day have been | ||||||
| 13 | counted. | ||||||
| 14 | (g) The procedures set forth in Articles 17 and 18 of this | ||||||
| 15 | Code shall apply to all ballots counted under this Section. In | ||||||
| 16 | addition, within 2 days after a ballot subject to this Article | ||||||
| 17 | is received, but in all cases before the close of the period | ||||||
| 18 | for counting provisional ballots, the election judge or | ||||||
| 19 | official shall compare the voter's signature on the | ||||||
| 20 | certification envelope of that ballot with the signature of | ||||||
| 21 | the voter on file in the office of the election authority. If | ||||||
| 22 | the election judge or official determines that the 2 | ||||||
| 23 | signatures match, and that the voter is otherwise qualified to | ||||||
| 24 | cast a ballot under this Article, the election authority shall | ||||||
| 25 | cast and count the ballot on election day or the day the ballot | ||||||
| 26 | is determined to be valid, whichever is later, adding the | ||||||
| |||||||
| |||||||
| 1 | results to the precinct in which the voter is registered. If | ||||||
| 2 | the election judge or official determines that the signatures | ||||||
| 3 | do not match, or that the voter is not qualified to cast a | ||||||
| 4 | ballot under this Article, then without opening the | ||||||
| 5 | certification envelope, the judge or official shall mark | ||||||
| 6 | across the face of the certification envelope the word | ||||||
| 7 | "Rejected" and shall not cast or count the ballot. | ||||||
| 8 | In addition to the voter's signatures not matching, a | ||||||
| 9 | ballot subject to this Article may be rejected by the election | ||||||
| 10 | judge or official: | ||||||
| 11 | (1) if the ballot envelope is open or has been opened | ||||||
| 12 | and resealed; | ||||||
| 13 | (2) if the voter has already cast an early or grace | ||||||
| 14 | period ballot; | ||||||
| 15 | (3) if the voter voted in person on election day or the | ||||||
| 16 | voter is not a duly registered voter in the precinct; or | ||||||
| 17 | (4) on any other basis set forth in this Code. | ||||||
| 18 | If the election judge or official determines that any of | ||||||
| 19 | these reasons apply, the judge or official shall mark across | ||||||
| 20 | the face of the certification envelope the word "Rejected" and | ||||||
| 21 | shall not cast or count the ballot. | ||||||
| 22 | (g-5) If a ballot subject to this Article is rejected by | ||||||
| 23 | the election judge or official for any reason, the election | ||||||
| 24 | authority shall, within 2 days after the rejection but in all | ||||||
| 25 | cases before the close of the period for counting provisional | ||||||
| 26 | ballots, notify the voter that his or her ballot was rejected. | ||||||
| |||||||
| |||||||
| 1 | The notice shall inform the voter of the reason or reasons the | ||||||
| 2 | ballot was rejected and shall state that the voter may submit | ||||||
| 3 | to appear before the election authority, on or before the 14th | ||||||
| 4 | day after the election, to show cause as to why the ballot | ||||||
| 5 | should not be rejected. The voter may present evidence to the | ||||||
| 6 | election authority supporting his or her contention that the | ||||||
| 7 | ballot should be counted. Evidence may be submitted in person, | ||||||
| 8 | by mail, or electronically by email. If a ballot is rejected | ||||||
| 9 | based on the voter's signatures not matching, an affidavit or | ||||||
| 10 | statement affirming the voter signed the certification | ||||||
| 11 | envelope shall be sufficient evidence, and the election | ||||||
| 12 | authority shall not require the affidavit or statement to be | ||||||
| 13 | notarized. The election authority shall appoint a panel of 3 | ||||||
| 14 | election judges to review the contested ballot, application, | ||||||
| 15 | and certification envelope, as well as any evidence submitted | ||||||
| 16 | by the vote by mail voter. No more than 2 election judges on | ||||||
| 17 | the reviewing panel shall be of the same political party. The | ||||||
| 18 | reviewing panel of election judges shall make a final | ||||||
| 19 | determination as to the validity of the contested ballot. The | ||||||
| 20 | judges' determination shall not be reviewable either | ||||||
| 21 | administratively or judicially. | ||||||
| 22 | A ballot subject to this subsection that is determined to | ||||||
| 23 | be valid shall be counted before the close of the period for | ||||||
| 24 | counting provisional ballots. | ||||||
| 25 | (g-10) All ballots determined to be valid shall be added | ||||||
| 26 | to the vote totals for the precincts for which they were cast | ||||||
| |||||||
| |||||||
| 1 | in the order in which the ballots were opened. | ||||||
| 2 | (h) Each political party, candidate, and qualified civic | ||||||
| 3 | organization shall be entitled to have present one pollwatcher | ||||||
| 4 | for each panel of election judges therein assigned. | ||||||
| 5 | (Source: P.A. 98-1171, eff. 6-1-15; 99-522, eff. 6-30-16.) | ||||||
| 6 | Section 35-20. The Illinois Municipal Code is amended by | ||||||
| 7 | changing Section 3.1-10-50 as follows: | ||||||
| 8 | (65 ILCS 5/3.1-10-50) | ||||||
| 9 | Sec. 3.1-10-50. Events upon which an elective office | ||||||
| 10 | becomes vacant in municipality with population under 500,000. | ||||||
| 11 | (a) Vacancy by resignation. A resignation is not effective | ||||||
| 12 | unless it is in writing, signed by the person holding the | ||||||
| 13 | elective office, and notarized. | ||||||
| 14 | (1) Unconditional resignation. An unconditional | ||||||
| 15 | resignation by a person holding the elective office may | ||||||
| 16 | specify a future date, not later than 60 days after the | ||||||
| 17 | date the resignation is received by the officer authorized | ||||||
| 18 | to fill the vacancy, at which time it becomes operative, | ||||||
| 19 | but the resignation may not be withdrawn after it is | ||||||
| 20 | received by the officer authorized to fill the vacancy. | ||||||
| 21 | The effective date of a resignation that does not specify | ||||||
| 22 | a future date at which it becomes operative is the date the | ||||||
| 23 | resignation is received by the officer authorized to fill | ||||||
| 24 | the vacancy. The effective date of a resignation that has | ||||||
| |||||||
| |||||||
| 1 | a specified future effective date is that specified future | ||||||
| 2 | date or the date the resignation is received by the | ||||||
| 3 | officer authorized to fill the vacancy, whichever date | ||||||
| 4 | occurs later. | ||||||
| 5 | (2) Conditional resignation. A resignation that does | ||||||
| 6 | not become effective unless a specified event occurs can | ||||||
| 7 | be withdrawn at any time prior to the occurrence of the | ||||||
| 8 | specified event, but if not withdrawn, the effective date | ||||||
| 9 | of the resignation is the date of the occurrence of the | ||||||
| 10 | specified event or the date the resignation is received by | ||||||
| 11 | the officer authorized to fill the vacancy, whichever date | ||||||
| 12 | occurs later. | ||||||
| 13 | (3) Vacancy upon the effective date. For the purpose | ||||||
| 14 | of determining the time period that would require an | ||||||
| 15 | election to fill the vacancy by resignation or the | ||||||
| 16 | commencement of the 60-day time period referred to in | ||||||
| 17 | subsection (e), the resignation of an elected officer is | ||||||
| 18 | deemed to have created a vacancy as of the effective date | ||||||
| 19 | of the resignation. | ||||||
| 20 | (4) Duty of the clerk. If a resignation is delivered | ||||||
| 21 | to the clerk of the municipality, the clerk shall forward | ||||||
| 22 | a certified copy of the written resignation to the | ||||||
| 23 | official who is authorized to fill the vacancy within 7 | ||||||
| 24 | business days after receipt of the resignation. | ||||||
| 25 | (b) Vacancy by death or disability. A vacancy occurs in an | ||||||
| 26 | office by reason of the death of the incumbent. The date of the | ||||||
| |||||||
| |||||||
| 1 | death may be established by the date shown on the death | ||||||
| 2 | certificate. A vacancy occurs in an office by permanent | ||||||
| 3 | physical or mental disability rendering the person incapable | ||||||
| 4 | of performing the duties of the office. The corporate | ||||||
| 5 | authorities have the authority to make the determination | ||||||
| 6 | whether an officer is incapable of performing the duties of | ||||||
| 7 | the office because of a permanent physical or mental | ||||||
| 8 | disability. A finding of mental disability shall not be made | ||||||
| 9 | prior to the appointment by a court of a guardian ad litem for | ||||||
| 10 | the officer or until a duly licensed doctor certifies, in | ||||||
| 11 | writing, that the officer is mentally impaired to the extent | ||||||
| 12 | that the officer is unable to effectively perform the duties | ||||||
| 13 | of the office. If the corporate authorities find that an | ||||||
| 14 | officer is incapable of performing the duties of the office | ||||||
| 15 | due to permanent physical or mental disability, that person is | ||||||
| 16 | removed from the office and the vacancy of the office occurs on | ||||||
| 17 | the date of the determination. | ||||||
| 18 | (c) Vacancy by other causes. | ||||||
| 19 | (1) Abandonment and other causes. A vacancy occurs in | ||||||
| 20 | an office by reason of abandonment of office; removal from | ||||||
| 21 | office; or failure to qualify; or more than temporary | ||||||
| 22 | removal of residence from the municipality; or in the case | ||||||
| 23 | of an alderperson of a ward or councilman or trustee of a | ||||||
| 24 | district, more than temporary removal of residence from | ||||||
| 25 | the ward or district, as the case may be. The corporate | ||||||
| 26 | authorities have the authority to determine whether a | ||||||
| |||||||
| |||||||
| 1 | vacancy under this subsection has occurred. If the | ||||||
| 2 | corporate authorities determine that a vacancy exists, the | ||||||
| 3 | office is deemed vacant as of the date of that | ||||||
| 4 | determination for all purposes including the calculation | ||||||
| 5 | under subsections (e), (f), and (g). | ||||||
| 6 | (2) Guilty of a criminal offense. An admission of | ||||||
| 7 | guilt of a criminal offense that upon conviction would | ||||||
| 8 | disqualify the municipal officer from holding the office, | ||||||
| 9 | in the form of a written agreement with State or federal | ||||||
| 10 | prosecutors to plead guilty to a felony, bribery, perjury, | ||||||
| 11 | or other infamous crime under State or federal law, | ||||||
| 12 | constitutes a resignation from that office, effective on | ||||||
| 13 | the date the plea agreement is made. For purposes of this | ||||||
| 14 | Section, a conviction for an offense that disqualifies a | ||||||
| 15 | municipal officer from holding that office occurs on the | ||||||
| 16 | date of the return of a guilty verdict or, in the case of a | ||||||
| 17 | trial by the court, on the entry of a finding of guilt. | ||||||
| 18 | (3) Election declared void. A vacancy occurs on the | ||||||
| 19 | date of the decision of a competent tribunal declaring the | ||||||
| 20 | election of the officer void. | ||||||
| 21 | (4) Owing a debt to the municipality. A vacancy occurs | ||||||
| 22 | if a municipal official fails to pay a debt to a | ||||||
| 23 | municipality in which the official has been elected or | ||||||
| 24 | appointed to an elected position subject to the following: | ||||||
| 25 | (A) Before a vacancy may occur under this | ||||||
| 26 | paragraph (4), the municipal clerk shall deliver, by | ||||||
| |||||||
| |||||||
| 1 | personal service, a written notice to the municipal | ||||||
| 2 | official that (i) the municipal official is in arrears | ||||||
| 3 | of a debt to the municipality, (ii) that municipal | ||||||
| 4 | official must either pay or contest the debt within 30 | ||||||
| 5 | days after receipt of the notice or the municipal | ||||||
| 6 | official will be disqualified and his or her office | ||||||
| 7 | vacated, and (iii) if the municipal official chooses | ||||||
| 8 | to contest the debt, the municipal official must | ||||||
| 9 | provide written notice to the municipal clerk of the | ||||||
| 10 | contesting of the debt. A copy of the notice, and the | ||||||
| 11 | notice to contest, shall also be mailed by the | ||||||
| 12 | municipal clerk to the appointed municipal attorney by | ||||||
| 13 | certified mail. If the municipal clerk is the | ||||||
| 14 | municipal official indebted to the municipality, the | ||||||
| 15 | mayor or president of the municipality shall assume | ||||||
| 16 | the duties of the municipal clerk required under this | ||||||
| 17 | paragraph (4). | ||||||
| 18 | (B) In the event that the municipal official | ||||||
| 19 | chooses to contest the debt, a hearing shall be held | ||||||
| 20 | within 30 days of the municipal clerk's receipt of the | ||||||
| 21 | written notice of contest from the municipal official. | ||||||
| 22 | An appointed municipal hearing officer shall preside | ||||||
| 23 | over the hearing, and shall hear testimony and accept | ||||||
| 24 | evidence relevant to the existence of the debt owed by | ||||||
| 25 | the municipal officer to the municipality. | ||||||
| 26 | (C) Upon the conclusion of the hearing, the | ||||||
| |||||||
| |||||||
| 1 | hearing officer shall make a determination on the | ||||||
| 2 | basis of the evidence presented as to whether or not | ||||||
| 3 | the municipal official is in arrears of a debt to the | ||||||
| 4 | municipality. The determination shall be in writing | ||||||
| 5 | and shall be designated as findings, decision, and | ||||||
| 6 | order. The findings, decision, and order shall | ||||||
| 7 | include: (i) the hearing officer's findings of fact; | ||||||
| 8 | (ii) a decision of whether or not the municipal | ||||||
| 9 | official is in arrears of a debt to the municipality | ||||||
| 10 | based upon the findings of fact; and (iii) an order | ||||||
| 11 | that either directs the municipal official to pay the | ||||||
| 12 | debt within 30 days or be disqualified and his or her | ||||||
| 13 | office vacated or dismisses the matter if a debt owed | ||||||
| 14 | to the municipality is not proved. A copy of the | ||||||
| 15 | hearing officer's written determination shall be | ||||||
| 16 | served upon the municipal official in open proceedings | ||||||
| 17 | before the hearing officer. If the municipal official | ||||||
| 18 | does not appear for receipt of the written | ||||||
| 19 | determination, the written determination shall be | ||||||
| 20 | deemed to have been served on the municipal official | ||||||
| 21 | on the date when a copy of the written determination is | ||||||
| 22 | personally served on the municipal official or on the | ||||||
| 23 | date when a copy of the written determination is | ||||||
| 24 | deposited in the United States mail, postage prepaid, | ||||||
| 25 | addressed to the municipal official at the address on | ||||||
| 26 | record with the municipality. | ||||||
| |||||||
| |||||||
| 1 | (D) A municipal official aggrieved by the | ||||||
| 2 | determination of a hearing officer may secure judicial | ||||||
| 3 | review of such determination in the circuit court of | ||||||
| 4 | the county in which the hearing was held. The | ||||||
| 5 | municipal official seeking judicial review must file a | ||||||
| 6 | petition with the clerk of the court and must serve a | ||||||
| 7 | copy of the petition upon the municipality by | ||||||
| 8 | registered or certified mail within 5 days after | ||||||
| 9 | service of the determination of the hearing officer. | ||||||
| 10 | The petition shall contain a brief statement of the | ||||||
| 11 | reasons why the determination of the hearing officer | ||||||
| 12 | should be reversed. The municipal official shall file | ||||||
| 13 | proof of service with the clerk of the court. No answer | ||||||
| 14 | to the petition need be filed, but the municipality | ||||||
| 15 | shall cause the record of proceedings before the | ||||||
| 16 | hearing officer to be filed with the clerk of the court | ||||||
| 17 | on or before the date of the hearing on the petition or | ||||||
| 18 | as ordered by the court. The court shall set the matter | ||||||
| 19 | for hearing to be held within 30 days after the filing | ||||||
| 20 | of the petition and shall make its decision promptly | ||||||
| 21 | after such hearing. | ||||||
| 22 | (E) If a municipal official chooses to pay the | ||||||
| 23 | debt, or is ordered to pay the debt after the hearing, | ||||||
| 24 | the municipal official must present proof of payment | ||||||
| 25 | to the municipal clerk that the debt was paid in full, | ||||||
| 26 | and, if applicable, within the required time period as | ||||||
| |||||||
| |||||||
| 1 | ordered by a hearing officer or circuit court judge. | ||||||
| 2 | (F) A municipal official will be disqualified and | ||||||
| 3 | his or her office vacated pursuant to this paragraph | ||||||
| 4 | (4) on the later of the following times if the | ||||||
| 5 | municipal official: (i) fails to pay or contest the | ||||||
| 6 | debt within 30 days of the municipal official's | ||||||
| 7 | receipt of the notice of the debt; (ii) fails to pay | ||||||
| 8 | the debt within 30 days after being served with a | ||||||
| 9 | written determination under subparagraph (C) ordering | ||||||
| 10 | the municipal official to pay the debt; or (iii) fails | ||||||
| 11 | to pay the debt within 30 days after being served with | ||||||
| 12 | a decision pursuant to subparagraph (D) upholding a | ||||||
| 13 | hearing officer's determination that the municipal | ||||||
| 14 | officer has failed to pay a debt owed to a | ||||||
| 15 | municipality. | ||||||
| 16 | (G) For purposes of this paragraph, a "debt" shall | ||||||
| 17 | mean an arrearage in a definitely ascertainable and | ||||||
| 18 | quantifiable amount after service of written notice | ||||||
| 19 | thereof, in the payment of any indebtedness due to the | ||||||
| 20 | municipality, which has been adjudicated before a | ||||||
| 21 | tribunal with jurisdiction over the matter. A | ||||||
| 22 | municipal official is considered in arrears of a debt | ||||||
| 23 | to a municipality if a debt is more than 30 days | ||||||
| 24 | overdue from the date the debt was due. | ||||||
| 25 | (d) Election of an acting mayor or acting president. The | ||||||
| 26 | election of an acting mayor or acting president pursuant to | ||||||
| |||||||
| |||||||
| 1 | subsection (f) or (g) does not create a vacancy in the original | ||||||
| 2 | office of the person on the city council or as a trustee, as | ||||||
| 3 | the case may be, unless the person resigns from the original | ||||||
| 4 | office following election as acting mayor or acting president. | ||||||
| 5 | If the person resigns from the original office following | ||||||
| 6 | election as acting mayor or acting president, then the | ||||||
| 7 | original office must be filled pursuant to the terms of this | ||||||
| 8 | Section and the acting mayor or acting president shall | ||||||
| 9 | exercise the powers of the mayor or president and shall vote | ||||||
| 10 | and have veto power in the manner provided by law for a mayor | ||||||
| 11 | or president. If the person does not resign from the original | ||||||
| 12 | office following election as acting mayor or acting president, | ||||||
| 13 | then the acting mayor or acting president shall exercise the | ||||||
| 14 | powers of the mayor or president but shall be entitled to vote | ||||||
| 15 | only in the manner provided for as the holder of the original | ||||||
| 16 | office and shall not have the power to veto. If the person does | ||||||
| 17 | not resign from the original office following election as | ||||||
| 18 | acting mayor or acting president, and if that person's | ||||||
| 19 | original term of office has not expired when a mayor or | ||||||
| 20 | president is elected and has qualified for office, the acting | ||||||
| 21 | mayor or acting-president shall return to the original office | ||||||
| 22 | for the remainder of the term thereof. | ||||||
| 23 | (e) Appointment to fill alderperson or trustee vacancy. An | ||||||
| 24 | appointment by the mayor or president or acting mayor or | ||||||
| 25 | acting president, as the case may be, of a qualified person as | ||||||
| 26 | described in Section 3.1-10-5 of this Code to fill a vacancy in | ||||||
| |||||||
| |||||||
| 1 | the office of alderperson or trustee must be made within 60 | ||||||
| 2 | days after the vacancy occurs. Once the appointment of the | ||||||
| 3 | qualified person has been forwarded to the corporate | ||||||
| 4 | authorities, the corporate authorities shall act upon the | ||||||
| 5 | appointment within 30 days. If the appointment fails to | ||||||
| 6 | receive the advice and consent of the corporate authorities | ||||||
| 7 | within 30 days, the mayor or president or acting mayor or | ||||||
| 8 | acting president shall appoint and forward to the corporate | ||||||
| 9 | authorities a second qualified person as described in Section | ||||||
| 10 | 3.1-10-5. Once the appointment of the second qualified person | ||||||
| 11 | has been forwarded to the corporate authorities, the corporate | ||||||
| 12 | authorities shall act upon the appointment within 30 days. If | ||||||
| 13 | the appointment of the second qualified person also fails to | ||||||
| 14 | receive the advice and consent of the corporate authorities, | ||||||
| 15 | then the mayor or president or acting mayor or acting | ||||||
| 16 | president, without the advice and consent of the corporate | ||||||
| 17 | authorities, may make a temporary appointment from those | ||||||
| 18 | persons who were appointed but whose appointments failed to | ||||||
| 19 | receive the advice and consent of the corporate authorities. | ||||||
| 20 | The person receiving the temporary appointment shall serve | ||||||
| 21 | until an appointment has received the advice and consent and | ||||||
| 22 | the appointee has qualified or until a person has been elected | ||||||
| 23 | and has qualified, whichever first occurs. | ||||||
| 24 | (f) Election to fill vacancies in municipal offices with | ||||||
| 25 | 4-year terms. If a vacancy occurs in an elective municipal | ||||||
| 26 | office with a 4-year term and there remains an unexpired | ||||||
| |||||||
| |||||||
| 1 | portion of the term of at least 28 months, and the vacancy | ||||||
| 2 | occurs before the period to file petitions for at least 130 | ||||||
| 3 | days before the general municipal election next scheduled | ||||||
| 4 | under the general election law, then the vacancy shall be | ||||||
| 5 | filled for the remainder of the term at that general municipal | ||||||
| 6 | election. Whenever an election is held for this purpose, the | ||||||
| 7 | municipal clerk shall certify the office to be filled and the | ||||||
| 8 | candidates for the office to the proper election authorities | ||||||
| 9 | as provided in the general election law. If a vacancy occurs | ||||||
| 10 | with less than 28 months remaining in the unexpired portion of | ||||||
| 11 | the term or after the period to file petitions for less than | ||||||
| 12 | 130 days before the general municipal election, then: | ||||||
| 13 | (1) Mayor or president. If the vacancy is in the | ||||||
| 14 | office of mayor or president, the vacancy must be filled | ||||||
| 15 | by the corporate authorities electing one of their members | ||||||
| 16 | as acting mayor or acting president. Except as set forth | ||||||
| 17 | in subsection (d), the acting mayor or acting president | ||||||
| 18 | shall perform the duties and possess all the rights and | ||||||
| 19 | powers of the mayor or president until a mayor or | ||||||
| 20 | president is elected at the next general municipal | ||||||
| 21 | election and has qualified. However, in villages with a | ||||||
| 22 | population of less than 5,000, if each of the trustees | ||||||
| 23 | either declines the election as acting president or is not | ||||||
| 24 | elected by a majority vote of the trustees presently | ||||||
| 25 | holding office, then the trustees may elect, as acting | ||||||
| 26 | president, any other village resident who is qualified to | ||||||
| |||||||
| |||||||
| 1 | hold municipal office, and the acting president shall | ||||||
| 2 | exercise the powers of the president and shall vote and | ||||||
| 3 | have veto power in the manner provided by law for a | ||||||
| 4 | president. | ||||||
| 5 | (2) Alderperson or trustee. If the vacancy is in the | ||||||
| 6 | office of alderperson or trustee, the vacancy must be | ||||||
| 7 | filled by the mayor or president or acting mayor or acting | ||||||
| 8 | president, as the case may be, in accordance with | ||||||
| 9 | subsection (e). | ||||||
| 10 | (3) Other elective office. If the vacancy is in any | ||||||
| 11 | elective municipal office other than mayor or president or | ||||||
| 12 | alderperson or trustee, the mayor or president or acting | ||||||
| 13 | mayor or acting president, as the case may be, must | ||||||
| 14 | appoint a qualified person to hold the office until the | ||||||
| 15 | office is filled by election, subject to the advice and | ||||||
| 16 | consent of the city council or the board of trustees, as | ||||||
| 17 | the case may be. | ||||||
| 18 | (g) Vacancies in municipal offices with 2-year terms. In | ||||||
| 19 | the case of an elective municipal office with a 2-year term, if | ||||||
| 20 | the vacancy occurs before the period to file petitions for at | ||||||
| 21 | least 130 days before the general municipal election next | ||||||
| 22 | scheduled under the general election law, the vacancy shall be | ||||||
| 23 | filled for the remainder of the term at that general municipal | ||||||
| 24 | election. If the vacancy occurs after the period to file | ||||||
| 25 | petitions for less than 130 days before the general municipal | ||||||
| 26 | election, then: | ||||||
| |||||||
| |||||||
| 1 | (1) Mayor or president. If the vacancy is in the | ||||||
| 2 | office of mayor or president, the vacancy must be filled | ||||||
| 3 | by the corporate authorities electing one of their members | ||||||
| 4 | as acting mayor or acting president. Except as set forth | ||||||
| 5 | in subsection (d), the acting mayor or acting president | ||||||
| 6 | shall perform the duties and possess all the rights and | ||||||
| 7 | powers of the mayor or president until a mayor or | ||||||
| 8 | president is elected at the next general municipal | ||||||
| 9 | election and has qualified. However, in villages with a | ||||||
| 10 | population of less than 5,000, if each of the trustees | ||||||
| 11 | either declines the election as acting president or is not | ||||||
| 12 | elected by a majority vote of the trustees presently | ||||||
| 13 | holding office, then the trustees may elect, as acting | ||||||
| 14 | president, any other village resident who is qualified to | ||||||
| 15 | hold municipal office, and the acting president shall | ||||||
| 16 | exercise the powers of the president and shall vote and | ||||||
| 17 | have veto power in the manner provided by law for a | ||||||
| 18 | president. | ||||||
| 19 | (2) Alderperson or trustee. If the vacancy is in the | ||||||
| 20 | office of alderperson or trustee, the vacancy must be | ||||||
| 21 | filled by the mayor or president or acting mayor or acting | ||||||
| 22 | president, as the case may be, in accordance with | ||||||
| 23 | subsection (e). | ||||||
| 24 | (3) Other elective office. If the vacancy is in any | ||||||
| 25 | elective municipal office other than mayor or president or | ||||||
| 26 | alderperson or trustee, the mayor or president or acting | ||||||
| |||||||
| |||||||
| 1 | mayor or acting president, as the case may be, must | ||||||
| 2 | appoint a qualified person to hold the office until the | ||||||
| 3 | office is filled by election, subject to the advice and | ||||||
| 4 | consent of the city council or the board of trustees, as | ||||||
| 5 | the case may be. | ||||||
| 6 | (h) In cases of vacancies arising by reason of an election | ||||||
| 7 | being declared void pursuant to paragraph (3) of subsection | ||||||
| 8 | (c), persons holding elective office prior thereto shall hold | ||||||
| 9 | office until their successors are elected and qualified or | ||||||
| 10 | appointed and confirmed by advice and consent, as the case may | ||||||
| 11 | be. | ||||||
| 12 | (i) This Section applies only to municipalities with | ||||||
| 13 | populations under 500,000. | ||||||
| 14 | (Source: P.A. 102-15, eff. 6-17-21.) | ||||||
| 15 | Section 35-25. The Park District Code is amended by | ||||||
| 16 | changing Sections 2-10a and 2-12a as follows: | ||||||
| 17 | (70 ILCS 1205/2-10a) (from Ch. 105, par. 2-10a) | ||||||
| 18 | Sec. 2-10a. Any district may provide by referendum, or by | ||||||
| 19 | resolution of the board, that the board shall be comprised of 7 | ||||||
| 20 | commissioners. Any such referendum shall be initiated and held | ||||||
| 21 | in the same manner as is provided by the general election law. | ||||||
| 22 | If a majority of the votes cast on the proposition is in | ||||||
| 23 | favor of the 7-member board, or if the board adopts a | ||||||
| 24 | resolution stating that it is acting pursuant to this Section | ||||||
| |||||||
| |||||||
| 1 | in order to create a 7-member board, then whichever of the | ||||||
| 2 | following transition schedules are appropriate shall be | ||||||
| 3 | applied: At the election of commissioners next following by at | ||||||
| 4 | least 225 197 days after the date on which the proposition to | ||||||
| 5 | create a 7-member board was approved at referendum or by | ||||||
| 6 | resolution, the number of commissioners to be elected shall be | ||||||
| 7 | 2 more than the number that would otherwise have been elected. | ||||||
| 8 | If this results in the election, pursuant to Section 2-12 of | ||||||
| 9 | this Act, of 4 commissioners at that election, one of the 4, to | ||||||
| 10 | be determined by lot within 30 days after the election, shall | ||||||
| 11 | serve for a term of 4 years or 2 years as the case may be, | ||||||
| 12 | instead of 6 years, so that his term will expire in the same | ||||||
| 13 | year in which the term of only one of the incumbent | ||||||
| 14 | commissioners expires. Thereafter, all commissioners shall be | ||||||
| 15 | elected for 6-year terms as provided in Section 2-12. If the | ||||||
| 16 | creation of a 7-member board results in the election of either | ||||||
| 17 | 3 or 4 commissioners, pursuant to Section 2-12a of this Act, at | ||||||
| 18 | that election, 2 of them, to be determined by lot within 30 | ||||||
| 19 | days after the election, shall serve for terms of 2 years | ||||||
| 20 | instead of 4 years. Thereafter, all commissioners shall be | ||||||
| 21 | elected for 4-year terms as provided in Section 2-12a of this | ||||||
| 22 | Act. | ||||||
| 23 | In any district where a 7-member board has been created | ||||||
| 24 | pursuant to this Section whether by referendum or by | ||||||
| 25 | resolution, the number of commissioners may later be reduced | ||||||
| 26 | to 5, but only by a referendum initiated and held in the same | ||||||
| |||||||
| |||||||
| 1 | manner as prescribed in this Section for creating a 7-member | ||||||
| 2 | board. No proposition to reduce the number of commissioners | ||||||
| 3 | shall affect the terms of any commissioners holding office at | ||||||
| 4 | the time of the referendum or to be elected within 225 197 days | ||||||
| 5 | after the referendum. If a majority of the votes cast on the | ||||||
| 6 | proposition is in favor of reducing a 7-member board to a | ||||||
| 7 | 5-member board, then, at the election of commissioners next | ||||||
| 8 | following by at least 225 197 days after the date on which the | ||||||
| 9 | proposition was approved at referendum, the number of | ||||||
| 10 | commissioners to be elected shall be 2 less than the number | ||||||
| 11 | that would otherwise have been elected and whichever of the | ||||||
| 12 | following transition schedules are appropriate shall be | ||||||
| 13 | applied: (i) if this results in the election of no | ||||||
| 14 | commissioners for a 6-year term pursuant to Section 2-12 of | ||||||
| 15 | this Act, then at the next election in which 3 commissioners | ||||||
| 16 | are scheduled to be elected to 6-year terms as provided in | ||||||
| 17 | Section 2-12, one of the 3, to be determined by lot within 30 | ||||||
| 18 | days after the election, shall serve for a term of 4 years or 2 | ||||||
| 19 | years, as the case may be, instead of 6 years, so that his or | ||||||
| 20 | her term will expire in the same year in which the term of no | ||||||
| 21 | incumbent commissioner is scheduled to expire; thereafter, all | ||||||
| 22 | commissioners shall be elected for 6-year terms as provided in | ||||||
| 23 | Section 2-12; or (ii) if the reduction to a 5-member board | ||||||
| 24 | results in the election of one commissioner to a 4-year term, | ||||||
| 25 | pursuant to Section 2-12a of this Act, then at the next | ||||||
| 26 | election in which 4 commissioners are scheduled to be elected | ||||||
| |||||||
| |||||||
| 1 | to 4-year terms as provided in Section 2-12a, one of the 4, to | ||||||
| 2 | be determined by lot within 30 days after the election, shall | ||||||
| 3 | serve for a term of 2 years, instead of 4 years, so that his or | ||||||
| 4 | her term will expire in the same year in which the term of only | ||||||
| 5 | one incumbent commissioner is scheduled to expire; thereafter, | ||||||
| 6 | all commissioners shall be elected for 4-year terms as | ||||||
| 7 | provided in Section 2-12a. | ||||||
| 8 | (Source: P.A. 103-467, eff. 8-4-23.) | ||||||
| 9 | (70 ILCS 1205/2-12a) (from Ch. 105, par. 2-12a) | ||||||
| 10 | Sec. 2-12a. Any district may provide, either by resolution | ||||||
| 11 | of the board or by referendum, that the term of commissioners | ||||||
| 12 | shall be 4 years rather than 6 years. Any such referendum shall | ||||||
| 13 | be initiated and held in the same manner as is provided by the | ||||||
| 14 | general election law for public questions authorized by | ||||||
| 15 | Article VII of the Illinois Constitution. | ||||||
| 16 | If a majority of the votes cast on the proposition is in | ||||||
| 17 | favor of a 4-year term for commissioners, or if the Board | ||||||
| 18 | adopts a resolution stating that it is acting pursuant to this | ||||||
| 19 | Section to change the term of office from 6 years to 4 years, | ||||||
| 20 | commissioners thereafter elected, commencing with the first | ||||||
| 21 | regular park district election at least 225 197 days after the | ||||||
| 22 | date on which the proposition for 4-year terms was approved at | ||||||
| 23 | referendum or by resolution, shall be elected for a term of 4 | ||||||
| 24 | years. In order to provide for the transition from 6-year | ||||||
| 25 | terms to 4-year terms: | ||||||
| |||||||
| |||||||
| 1 | (1) If 2 commissioners on a 5-member board are to be | ||||||
| 2 | elected at the first such election and if the term of only | ||||||
| 3 | one commissioner is scheduled to expire in the year of the | ||||||
| 4 | next election at which commissioners are elected, of the 2 | ||||||
| 5 | commissioners elected, one shall serve a 2-year term and | ||||||
| 6 | one a 4-year term, to be determined by lot between the 2 | ||||||
| 7 | persons elected within 30 days after the election. | ||||||
| 8 | (2) On a 7-member board under Section 2-10a, if the | ||||||
| 9 | terms of only 2 commissioners are scheduled to expire in | ||||||
| 10 | the year of the second election at which commissioners are | ||||||
| 11 | elected after the first regular park district election at | ||||||
| 12 | least 225 197 days after the date on which the proposition | ||||||
| 13 | for 4-year terms was approved at referendum or by | ||||||
| 14 | resolution, then: | ||||||
| 15 | (A) if 3 commissioners are elected at the first | ||||||
| 16 | regular election, 2 of the commissioners elected shall | ||||||
| 17 | serve a 2-year term and one shall serve a 4-year term | ||||||
| 18 | to be determined by lot between persons elected within | ||||||
| 19 | 30 days after the first election; or | ||||||
| 20 | (B) if 2 commissioners are elected at the first | ||||||
| 21 | regular election, those 2 commissioners elected shall | ||||||
| 22 | serve a 2-year term. | ||||||
| 23 | In any district where the board has created 4-year terms | ||||||
| 24 | pursuant to this Section, whether by referendum or by | ||||||
| 25 | resolution, the length of terms may later be increased to 6 | ||||||
| 26 | years, but only by a referendum initiated and held in the same | ||||||
| |||||||
| |||||||
| 1 | manner as prescribed in this Section for creating 4-year | ||||||
| 2 | terms. No proposition to increase the terms of commissioners | ||||||
| 3 | shall affect any commissioner holding office at the time of | ||||||
| 4 | the referendum or to be elected within 225 197 days after the | ||||||
| 5 | referendum. | ||||||
| 6 | (Source: P.A. 103-467, eff. 8-4-23.) | ||||||
| 7 | Article 40. | ||||||
| 8 | Section 40-5. The Election Code is amended by changing | ||||||
| 9 | Sections 1A-16.1, 1A-16.2, 1A-16.7, and 1A-16.8 and by adding | ||||||
| 10 | Section 1A-16.3 as follows: | ||||||
| 11 | (10 ILCS 5/1A-16.1) | ||||||
| 12 | Sec. 1A-16.1. Automatic voter registration; Secretary of | ||||||
| 13 | State. | ||||||
| 14 | (a) The Office of the Secretary of State and the State | ||||||
| 15 | Board of Elections, pursuant to an interagency contract and | ||||||
| 16 | jointly adopted rules, shall establish an automatic voter | ||||||
| 17 | registration program that satisfies the requirements of this | ||||||
| 18 | Section and other applicable law. | ||||||
| 19 | (b) If, as part of an application, an application for | ||||||
| 20 | renewal, or a change of address form, or a recertification | ||||||
| 21 | form for a driver's license or a State identification card | ||||||
| 22 | issued by the Office of the Secretary of State, an applicant | ||||||
| 23 | presents documentation that establishes that the applicant is | ||||||
| |||||||
| |||||||
| 1 | a United States citizen, as described in subsection (g), and | ||||||
| 2 | is of age to register to vote or if the information provided to | ||||||
| 3 | the Office of the Secretary of State under subsection (c) | ||||||
| 4 | indicates that the applicant is currently registered to vote | ||||||
| 5 | in Illinois and, upon reviewing the documents and information | ||||||
| 6 | submitted by the applicant, the Office of the Secretary of | ||||||
| 7 | State determines that the name or residence address | ||||||
| 8 | documentation submitted by the applicant differs from the | ||||||
| 9 | information regarding the applicant provided under subsection | ||||||
| 10 | (c) meets the requirements of the federal REAL ID Act of 2005, | ||||||
| 11 | then that application, unless the applicant declines in | ||||||
| 12 | accordance with subsection (g) of Section 1A-16.7, shall serve | ||||||
| 13 | as a dual-purpose application. The dual-purpose application | ||||||
| 14 | shall: | ||||||
| 15 | (1) also serve as an application to register to vote | ||||||
| 16 | in Illinois; | ||||||
| 17 | (2) allow an applicant to change the applicant's his | ||||||
| 18 | or her registered residence address or name as it appears | ||||||
| 19 | on the voter registration rolls; | ||||||
| 20 | (3) in a single affirmation, including the affirmation | ||||||
| 21 | required for a driver's license or State identification | ||||||
| 22 | card, allow the applicant to affirm, under penalty of | ||||||
| 23 | perjury, to the truth and correctness of the information | ||||||
| 24 | submitted in the dual-purpose application that is | ||||||
| 25 | necessary to assess the applicant's eligibility to | ||||||
| 26 | register to vote or to change the applicant's registered | ||||||
| |||||||
| |||||||
| 1 | residence address or name as it appears on the voter | ||||||
| 2 | registration rolls provide the applicant with an | ||||||
| 3 | opportunity to affirmatively decline to register to vote | ||||||
| 4 | or to change his or her registered residence address or | ||||||
| 5 | name by providing a check box on the application form | ||||||
| 6 | without requiring the applicant to state the reason; and | ||||||
| 7 | (4) allow the applicant to notify the Office of the | ||||||
| 8 | Secretary of State of the applicant's preferred language | ||||||
| 9 | unless the applicant declines to register to vote or | ||||||
| 10 | change his or her registered residence address or name, | ||||||
| 11 | require the applicant to attest, by signature under | ||||||
| 12 | penalty of perjury as described in subsection (e) of this | ||||||
| 13 | Section, to meeting the qualifications to register to vote | ||||||
| 14 | in Illinois at his or her residence address as indicated | ||||||
| 15 | on his or her driver's license or identification card | ||||||
| 16 | dual-purpose application. | ||||||
| 17 | The Office of the Secretary of State shall record the type | ||||||
| 18 | of documents presented by the applicant that establishes the | ||||||
| 19 | applicant is a United States citizen as described in | ||||||
| 20 | subsection (g) and shall enter United States citizenship in a | ||||||
| 21 | designated field. Based on the entry of United States | ||||||
| 22 | citizenship in the designated field, the Office of the | ||||||
| 23 | Secretary of State shall initiate a dual-purpose application | ||||||
| 24 | through an automated process that is not subject to the | ||||||
| 25 | discretion of individual employees of the Office of the | ||||||
| 26 | Secretary of State. | ||||||
| |||||||
| |||||||
| 1 | (b-5) If, as part of an application, an application for | ||||||
| 2 | renewal, or a change of address form, or a recertification | ||||||
| 3 | form for a driver's license or a State identification card | ||||||
| 4 | issued by the Office of the Secretary of State, other than an | ||||||
| 5 | application or form that pertains to a standard driver's | ||||||
| 6 | license or identification card for an applicant who does not | ||||||
| 7 | have and is not eligible for and does not list a social | ||||||
| 8 | security number, an applicant presents documentation that | ||||||
| 9 | neither establishes that the applicant is a United States | ||||||
| 10 | citizen nor establishes that the applicant is not a United | ||||||
| 11 | States citizen and the information provided to the Office of | ||||||
| 12 | the Secretary of State under subsection (c) does not indicate | ||||||
| 13 | that the applicant is currently registered to vote in Illinois | ||||||
| 14 | for the applicant, does not meet the requirements of the | ||||||
| 15 | federal REAL ID Act of 2005, then that application shall serve | ||||||
| 16 | as a dual-purpose application that, . The dual-purpose | ||||||
| 17 | application shall: (1) also serve as an application to | ||||||
| 18 | register to vote in Illinois; (2) allow an applicant to change | ||||||
| 19 | his or her registered residence address or name as it appears | ||||||
| 20 | on the voter registration rolls; and (3) if the applicant | ||||||
| 21 | chooses to register to vote, shall also serve as an | ||||||
| 22 | application to register to vote in Illinois. If the applicant | ||||||
| 23 | chooses to register to vote, the applicant shall be required | ||||||
| 24 | or to change his or her registered residence address or name, | ||||||
| 25 | then require the applicant to attest, by a separate signature | ||||||
| 26 | under penalty of perjury, to meeting the qualifications to | ||||||
| |||||||
| |||||||
| 1 | register to vote in Illinois at the applicant's his or her | ||||||
| 2 | residence address as indicated on the his or her dual-purpose | ||||||
| 3 | application. | ||||||
| 4 | The dual-purpose application shall allow the applicant to | ||||||
| 5 | notify the Office of the Secretary of State of the applicant's | ||||||
| 6 | preferred language. | ||||||
| 7 | (b-8) If an applicant presents to the Secretary of State | ||||||
| 8 | documentation that establishes the applicant is not a United | ||||||
| 9 | States citizen, no application submitted by that applicant | ||||||
| 10 | shall serve as a dual-purpose application under this Section. | ||||||
| 11 | (b-10) Before asking any applicant described in subsection | ||||||
| 12 | (b) to provide the written affirmation described in that | ||||||
| 13 | subsection, the The Office of the Secretary of State shall | ||||||
| 14 | clearly and conspicuously inform each applicant in writing: | ||||||
| 15 | (i) of the qualifications to register to vote in Illinois; , | ||||||
| 16 | (ii) of the penalties provided by law for submission of a false | ||||||
| 17 | voter registration application, including the | ||||||
| 18 | immigration-related consequences of incorrectly claiming | ||||||
| 19 | United States citizenship and of the applicant's opportunity | ||||||
| 20 | not to proceed in order to avoid the penalties; and , (iii) that | ||||||
| 21 | the , unless the applicant declines to register to vote or | ||||||
| 22 | update his or her voter registration, his or her dual-purpose | ||||||
| 23 | application shall also serve as both an application to | ||||||
| 24 | register to vote and his or her attestation that he or she | ||||||
| 25 | meets the eligibility requirements for voter registration, and | ||||||
| 26 | that the his or her application to register to vote or update | ||||||
| |||||||
| |||||||
| 1 | voter his or her registration will be transmitted to the State | ||||||
| 2 | Board of Elections for the purpose of registering the person | ||||||
| 3 | to vote at the residence address to be indicated on the | ||||||
| 4 | applicant's his or her driver's license or identification | ||||||
| 5 | card, and (iv) that declining to register to vote is | ||||||
| 6 | confidential and will not affect any services the person may | ||||||
| 7 | be seeking from the Office of the Secretary of State. The | ||||||
| 8 | Office of the Secretary of State may provide additional | ||||||
| 9 | instructions specific to applicants under subsection (b). | ||||||
| 10 | (b-15) Before asking any applicant described in subsection | ||||||
| 11 | (b-5) to provide the attestation described in that subsection, | ||||||
| 12 | the Office of the Secretary of State shall clearly and | ||||||
| 13 | conspicuously inform each applicant in writing: (i) of the | ||||||
| 14 | qualifications to register to vote in Illinois; (ii) of the | ||||||
| 15 | penalties provided by law for submission of a false voter | ||||||
| 16 | registration application, including the immigration-related | ||||||
| 17 | consequences of incorrectly claiming United States citizenship | ||||||
| 18 | and of the applicant's opportunity to withdraw an application | ||||||
| 19 | to avoid the penalties; (iii) that the application shall also | ||||||
| 20 | serve as an application to register to vote and that the | ||||||
| 21 | application to register to vote or update voter registration | ||||||
| 22 | will be transmitted to the State Board of Elections for the | ||||||
| 23 | purpose of registering the person to vote at the residence | ||||||
| 24 | address to be indicated on the applicant's driver's license or | ||||||
| 25 | identification card, unless the applicant withdraws the | ||||||
| 26 | application or declines to register to vote or update the | ||||||
| |||||||
| |||||||
| 1 | applicant's voter registration; and (iv) that declining to | ||||||
| 2 | register to vote or withdrawing a voter application is | ||||||
| 3 | confidential and will not affect any services the person may | ||||||
| 4 | be seeking from the Office of the Secretary of State. The | ||||||
| 5 | Office of the Secretary of State may provide additional | ||||||
| 6 | instructions specific to applicants under subsection (b-5). | ||||||
| 7 | (c) The Office of the Secretary of State shall review | ||||||
| 8 | information provided to the Office of the Secretary of State | ||||||
| 9 | by the State Board of Elections to determine whether each | ||||||
| 10 | inform each applicant for a driver's license or permit or a | ||||||
| 11 | State identification card issued by the Office of the | ||||||
| 12 | Secretary of State, other than an application or form that | ||||||
| 13 | pertains to a standard driver's license or identification card | ||||||
| 14 | and does not list a social security number for the applicant, | ||||||
| 15 | whether the applicant under subsections (b) and (b-5) is | ||||||
| 16 | currently registered to vote in Illinois and, if registered, | ||||||
| 17 | at what address, and shall inform each applicant described in | ||||||
| 18 | subsection (b-5) for a driver's license or permit or State | ||||||
| 19 | identification card issued by the Office of the Secretary of | ||||||
| 20 | State whether the applicant is currently registered and, if | ||||||
| 21 | registered, at what address. | ||||||
| 22 | (d) The Office of the Secretary of State shall not require | ||||||
| 23 | an applicant for a driver's license or State identification | ||||||
| 24 | card to provide duplicate identification or information in | ||||||
| 25 | order to complete an application to register to vote or change | ||||||
| 26 | his or her registered residence address or name. Before | ||||||
| |||||||
| |||||||
| 1 | transmitting any personal information about an applicant to | ||||||
| 2 | the State Board of Elections, the Office of the Secretary of | ||||||
| 3 | State shall review its records of the identification documents | ||||||
| 4 | the applicant provided in order to complete the application | ||||||
| 5 | for a driver's license or State identification card to confirm | ||||||
| 6 | that nothing in those documents indicates that the applicant | ||||||
| 7 | does not satisfy the qualifications to register to vote in | ||||||
| 8 | Illinois at his or her residence address. If the applicant | ||||||
| 9 | provides the Office of the Secretary of State with an address | ||||||
| 10 | designated by the Attorney General as a substitute mailing | ||||||
| 11 | address under Section 15 of the Address Confidentiality for | ||||||
| 12 | Victims of Domestic Violence, Sexual Assault, Human | ||||||
| 13 | Trafficking, or Stalking Act or is a judicial officer of peace | ||||||
| 14 | officer who provides the Office of the Secretary of State with | ||||||
| 15 | a work address instead of a residence address, as authorized | ||||||
| 16 | by subsection (a) of Section 6-106 of the Illinois Vehicle | ||||||
| 17 | Code, the applicant shall not be offered voter registration by | ||||||
| 18 | the Office of the Secretary of State. | ||||||
| 19 | (e) A completed, signed application for (i) a driver's | ||||||
| 20 | license or permit or a State identification card issued by the | ||||||
| 21 | Office of the Secretary of State that includes the | ||||||
| 22 | presentation of documentation that establishes that the | ||||||
| 23 | applicant is a United States citizen and is of age to register | ||||||
| 24 | to vote or for which the information provided to the Office of | ||||||
| 25 | the Secretary of State under subsection (c) indicates that the | ||||||
| 26 | applicant is currently registered to vote in Illinois , that | ||||||
| |||||||
| |||||||
| 1 | meets the requirements of the federal REAL ID Act of 2005; or | ||||||
| 2 | (ii) a completed application under subsection (b-5) of this | ||||||
| 3 | Section with a separate signature attesting the applicant | ||||||
| 4 | meets the qualifications to register to vote in Illinois at | ||||||
| 5 | his or her residence address as indicated on his or her | ||||||
| 6 | application shall constitute a signed application to register | ||||||
| 7 | to vote in Illinois at the residence address indicated in the | ||||||
| 8 | application unless the person affirmatively declined in the | ||||||
| 9 | application to register to vote or to change his or her | ||||||
| 10 | registered residence address or name. If the identification | ||||||
| 11 | documents provided to complete the dual-purpose application | ||||||
| 12 | indicate that the applicant he or she does not satisfy the | ||||||
| 13 | qualifications to register to vote in Illinois at the | ||||||
| 14 | specified his or her residence address, the application shall | ||||||
| 15 | be marked as incomplete. | ||||||
| 16 | (f) For each completed and signed application that | ||||||
| 17 | constitutes an application to register to vote in Illinois or | ||||||
| 18 | provides for a change in the applicant's registered residence | ||||||
| 19 | address or name, the Office of the Secretary of State shall | ||||||
| 20 | electronically transmit to the State Board of Elections | ||||||
| 21 | personal information needed to complete the person's | ||||||
| 22 | registration to vote in Illinois at the specified his or her | ||||||
| 23 | residence address, including the applicant's choice language | ||||||
| 24 | preference as indicated by the applicant or as otherwise | ||||||
| 25 | collected by the Office of the Secretary of State during the | ||||||
| 26 | permitting, licensing, or identification card transaction. The | ||||||
| |||||||
| |||||||
| 1 | application to register to vote shall be processed in | ||||||
| 2 | accordance with Section 1A-16.7. | ||||||
| 3 | (g) Documentation that establishes that the applicant is a | ||||||
| 4 | United States citizen shall include: | ||||||
| 5 | (1) a valid, unexpired United States passport or | ||||||
| 6 | passport card or a United States passport or passport card | ||||||
| 7 | that has been expired for no more than 2 years; | ||||||
| 8 | (2) a certified copy of a birth certificate filed with | ||||||
| 9 | the Division of Vital Records or an equivalent agency in | ||||||
| 10 | the individual's state of birth; | ||||||
| 11 | (3) a Consular Report of Birth Abroad issued by the | ||||||
| 12 | United States Department of State, Form FS-240, DS-1350, | ||||||
| 13 | or FS-545; and | ||||||
| 14 | (4) a Certificate of Citizenship issued by the United | ||||||
| 15 | States Department of Homeland Security, Form N-560 or form | ||||||
| 16 | N-561. If the federal REAL ID Act of 2005 is repealed, | ||||||
| 17 | abrogated, superseded, or otherwise no longer in effect, | ||||||
| 18 | then the State Board of Elections shall establish criteria | ||||||
| 19 | for determining reliable personal information indicating | ||||||
| 20 | citizenship status and shall adopt rules as necessary for | ||||||
| 21 | the Secretary of State to continue processing dual-purpose | ||||||
| 22 | applications under this Section. | ||||||
| 23 | (h) As used in this Section, "dual-purpose application" | ||||||
| 24 | means an application, an application for renewal or , a change | ||||||
| 25 | of address form, or a recertification form for driver's | ||||||
| 26 | license or permit or a State identification card offered by | ||||||
| |||||||
| |||||||
| 1 | the Secretary of State, other than an application or form that | ||||||
| 2 | pertains to a standard driver's license or identification card | ||||||
| 3 | for an applicant who does not have and is not eligible for, a | ||||||
| 4 | social security number and does not list a social security | ||||||
| 5 | number for the applicant, that also serves as an application | ||||||
| 6 | to register to vote in Illinois. "Dual-purpose application" | ||||||
| 7 | does not mean an application under subsection (c) of Section | ||||||
| 8 | 6-109 of the Illinois Vehicle Code. | ||||||
| 9 | (i) The changes made to this Section by this amendatory | ||||||
| 10 | Act of the 104th General Assembly shall be implemented no | ||||||
| 11 | later than January 1, 2028. | ||||||
| 12 | (Source: P.A. 103-210, eff. 7-1-24; 103-605, eff. 7-1-24.) | ||||||
| 13 | (10 ILCS 5/1A-16.2) | ||||||
| 14 | Sec. 1A-16.2. Automatic voter registration; designated | ||||||
| 15 | automatic voter registration agencies. | ||||||
| 16 | (a) Each designated automatic voter registration agency | ||||||
| 17 | shall, pursuant to an interagency contract and jointly adopted | ||||||
| 18 | jointly-adopted rules with the State Board of Elections, agree | ||||||
| 19 | to participate in an automatic voter registration program | ||||||
| 20 | established by the State Board of Elections that satisfies the | ||||||
| 21 | requirements of this Section and other applicable law. If the | ||||||
| 22 | designated automatic voter registration agency provides | ||||||
| 23 | applications, applications for renewal, change of address | ||||||
| 24 | forms, filing, or recertification forms to individuals for | ||||||
| 25 | services offered by another agency, then the State Board of | ||||||
| |||||||
| |||||||
| 1 | Elections and the designated automatic voter agency shall | ||||||
| 2 | consult with the other agency. The State Board of Elections | ||||||
| 3 | shall consider the current technological capabilities of the | ||||||
| 4 | designated voter registration agency when drafting interagency | ||||||
| 5 | contracts and jointly adopted jointly-adopted rules. The State | ||||||
| 6 | Board of Elections and the designated automatic voter | ||||||
| 7 | registration agency shall amend these contracts and rules as | ||||||
| 8 | the technological capabilities of the designated voter | ||||||
| 9 | registration agencies improve. | ||||||
| 10 | (b) As provided in subsection (a) of this Section, when | ||||||
| 11 | each designated automatic voter registration agency provides | ||||||
| 12 | that collects or cross-references reliable personal | ||||||
| 13 | information indicating citizenship status may provide that an | ||||||
| 14 | application or form for a license, permit, program, or service | ||||||
| 15 | described in subsection (a) that, as part of the application | ||||||
| 16 | or form, the applicant presents documentation that establishes | ||||||
| 17 | that the applicant is a United States citizen as described in | ||||||
| 18 | subsection (g) of Section 1A-16.1, the application or form | ||||||
| 19 | shall serve as a dual-purpose application, unless the | ||||||
| 20 | applicant declines in accordance with subsection (g) of | ||||||
| 21 | Section 1A-16.7. The dual-purpose application shall: | ||||||
| 22 | (1) also serve as an application to register to vote | ||||||
| 23 | in Illinois; | ||||||
| 24 | (2) allow an applicant to change the applicant's his | ||||||
| 25 | or her registered residence address or name as it appears | ||||||
| 26 | on the voter registration rolls; | ||||||
| |||||||
| |||||||
| 1 | (3) in a single affirmation including the affirmation | ||||||
| 2 | required for the designated automatic voter registration | ||||||
| 3 | agency's application, allow the applicant to affirm, under | ||||||
| 4 | penalty of perjury, to the truth and correctness of | ||||||
| 5 | information submitted in the dual-purpose application that | ||||||
| 6 | is necessary to assess the applicant's eligibility to | ||||||
| 7 | register to vote or to change the applicant's registered | ||||||
| 8 | residence address or name as it appears on the voter | ||||||
| 9 | registration rolls provide the applicant with an | ||||||
| 10 | opportunity to affirmatively decline to register to vote | ||||||
| 11 | or change his or her registered residence address or name | ||||||
| 12 | by providing a check box on the application form without | ||||||
| 13 | requiring the applicant to state the reason; and | ||||||
| 14 | (4) allow the applicant to notify the agency of the | ||||||
| 15 | applicant's preferred language unless the applicant | ||||||
| 16 | declines to register to vote or to change his or her | ||||||
| 17 | registered residence address or name, require the | ||||||
| 18 | applicant to attest, by signature under penalty of | ||||||
| 19 | perjury, to meeting the qualifications to register to vote | ||||||
| 20 | in Illinois at his or her residence address as indicated | ||||||
| 21 | on his or her dual-purpose application. | ||||||
| 22 | The agency shall record the type of document presented by | ||||||
| 23 | the applicant that establishes that the applicant is a United | ||||||
| 24 | States citizen as described in subsection (g) of Section | ||||||
| 25 | 1A-16.1. | ||||||
| 26 | (c) As provided in subsection (a) of this Section, when | ||||||
| |||||||
| |||||||
| 1 | each designated automatic voter registration agency provides | ||||||
| 2 | that does not collect or cross-reference records containing | ||||||
| 3 | reliable personal information indicating citizenship status | ||||||
| 4 | may provide that an application or , an application for | ||||||
| 5 | renewal, a change of address form, or a recertification form | ||||||
| 6 | for a license, permit, program, or service described in | ||||||
| 7 | subsection (a) that, as part of the application of form, the | ||||||
| 8 | applicant presents documentation that neither establishes that | ||||||
| 9 | the applicant is a United States citizen nor establishes that | ||||||
| 10 | the applicant is not a United States citizen, the application | ||||||
| 11 | or form shall serve as a dual-purpose application if the | ||||||
| 12 | applicant chooses to register to vote. The dual-purpose | ||||||
| 13 | application shall: | ||||||
| 14 | (1) also serve as an application to register to vote | ||||||
| 15 | in Illinois; | ||||||
| 16 | (2) allow an applicant to change his or her registered | ||||||
| 17 | residence address or name as it appears on the voter | ||||||
| 18 | registration rolls; and | ||||||
| 19 | (3) if the applicant chooses to register to vote or to | ||||||
| 20 | change the applicant's his or her registered residence | ||||||
| 21 | address or name, then require the applicant to attest, by | ||||||
| 22 | a separate signature under penalty of perjury, to meeting | ||||||
| 23 | the qualifications to register to vote in Illinois at his | ||||||
| 24 | or her residence address as indicated on his or her | ||||||
| 25 | dual-purpose application; and . | ||||||
| 26 | (4) allow the applicant to notify the agency of the | ||||||
| |||||||
| |||||||
| 1 | applicant's preferred language. | ||||||
| 2 | (c-1) If an applicant presents documentation to the | ||||||
| 3 | designated automatic voter registration agency that | ||||||
| 4 | establishes that the applicant is not a United States citizen | ||||||
| 5 | or the applicant attests that the applicant is not a United | ||||||
| 6 | States citizen, no application submitted by that applicant | ||||||
| 7 | shall serve as a dual-purpose application under this Section. | ||||||
| 8 | (c-5) Before asking any applicant described in subsection | ||||||
| 9 | (b) of this Section to provide the affirmation described in | ||||||
| 10 | that subsection, the The designated automatic voter | ||||||
| 11 | registration agency shall clearly and conspicuously inform | ||||||
| 12 | each applicant in writing: (i) of the qualifications to | ||||||
| 13 | register to vote in Illinois; , (ii) of the penalties provided | ||||||
| 14 | by law for submission of a false voter registration | ||||||
| 15 | application, including the immigration-related consequences of | ||||||
| 16 | incorrectly claiming United States citizenship and of the | ||||||
| 17 | applicant's opportunity not to proceed in order to avoid the | ||||||
| 18 | penalties; (iii) that the application shall serve as an | ||||||
| 19 | application to register to vote or change the applicant's | ||||||
| 20 | voter registration, and that the application , unless the | ||||||
| 21 | applicant declines to register to vote or update his or her | ||||||
| 22 | voter registration, his or her application shall also serve as | ||||||
| 23 | both an application to register to vote and his or her | ||||||
| 24 | attestation that he or she meets the eligibility requirements | ||||||
| 25 | for voter registration, and that his or her application to | ||||||
| 26 | register to vote or update his or her registration will be | ||||||
| |||||||
| |||||||
| 1 | transmitted to the State Board of Elections for the purpose of | ||||||
| 2 | registering the person to vote at the residence address to be | ||||||
| 3 | indicated on the dual-purpose application; , (iv) that | ||||||
| 4 | information identifying the agency at which he or she applied | ||||||
| 5 | to register to vote is confidential; , (v) that declining to | ||||||
| 6 | register to vote is confidential and will not affect any | ||||||
| 7 | services the person may be seeking from the agency, and (v) | ||||||
| 8 | (vi) any additional information needed in order to comply with | ||||||
| 9 | Section 7 of the federal National Voter Registration Act of | ||||||
| 10 | 1993. The designated automatic voter registration agency may | ||||||
| 11 | provide additional instructions specific to applicants under | ||||||
| 12 | subsection (b). | ||||||
| 13 | (c-10) Before asking any applicant described in subsection | ||||||
| 14 | (c) to provide the attestation described in that subsection, | ||||||
| 15 | the designated automatic voter registration agency shall | ||||||
| 16 | clearly and conspicuously inform each applicant in writing: | ||||||
| 17 | (i) of the qualifications to register to vote in Illinois; | ||||||
| 18 | (ii) of the penalties provided by law for submission of a false | ||||||
| 19 | voter registration application, including the | ||||||
| 20 | immigration-related consequences of incorrectly claiming | ||||||
| 21 | United States citizenship, and of the applicant's opportunity | ||||||
| 22 | to withdraw an application to avoid the penalties; (iii) that | ||||||
| 23 | the application shall also serve as an application to register | ||||||
| 24 | to vote or update the applicant's voter registration and that | ||||||
| 25 | the application to register to vote or update voter | ||||||
| 26 | registration will be transmitted to the State Board of | ||||||
| |||||||
| |||||||
| 1 | Elections for the purpose of registering the person to vote at | ||||||
| 2 | the residence address to be indicated on the dual-purpose | ||||||
| 3 | application, unless the applicant withdraws the application or | ||||||
| 4 | declines to register to vote or update the applicant's voter | ||||||
| 5 | registration; (iv) that information identifying the agency at | ||||||
| 6 | which the applicant applied to register to vote is | ||||||
| 7 | confidential; (v) that withdrawing a voter registration | ||||||
| 8 | application or otherwise declining to register to vote is | ||||||
| 9 | confidential and will not affect any services the person may | ||||||
| 10 | be seeking from the agency; and (vi) any additional | ||||||
| 11 | information needed in order to comply with Section 7 of the | ||||||
| 12 | federal National Voter Registration Act of 1993. The | ||||||
| 13 | designated automatic voter registration agency may provide | ||||||
| 14 | additional instructions specific to applicants under | ||||||
| 15 | subsection (c). | ||||||
| 16 | (d) The designated automatic voter registration agency | ||||||
| 17 | shall review information provided to the agency by the State | ||||||
| 18 | Board of Elections to inform each applicant covered by | ||||||
| 19 | subsection (c) whether the applicant is currently registered | ||||||
| 20 | to vote in Illinois and, if registered, at what address. | ||||||
| 21 | (e) The designated automatic voter registration agency | ||||||
| 22 | shall not require an applicant for a dual-purpose application | ||||||
| 23 | to provide duplicate identification or information in order to | ||||||
| 24 | complete an application to register to vote or change the | ||||||
| 25 | applicant's his or her registered residence address or name. | ||||||
| 26 | Before transmitting any personal information about an | ||||||
| |||||||
| |||||||
| 1 | applicant to the State Board of Elections, the agency shall | ||||||
| 2 | review its records of the identification documents the | ||||||
| 3 | applicant provided or that the agency cross-references in | ||||||
| 4 | order to complete the dual-purpose application, to confirm | ||||||
| 5 | that nothing in those documents indicates that the applicant | ||||||
| 6 | does not satisfy the qualifications to register to vote in | ||||||
| 7 | Illinois at the applicant's his or her residence address. A | ||||||
| 8 | completed and signed dual-purpose application, including a | ||||||
| 9 | completed application under subsection (c) of this Section | ||||||
| 10 | with a separate signature attesting that the applicant meets | ||||||
| 11 | the qualifications to register to vote in Illinois at the his | ||||||
| 12 | or her residence address as indicated on the his or her | ||||||
| 13 | application, shall constitute an application to register to | ||||||
| 14 | vote in Illinois at the residence address indicated in the | ||||||
| 15 | application unless the person affirmatively declined in the | ||||||
| 16 | application to register to vote or to change his or her | ||||||
| 17 | registered residence address or name. If the identification | ||||||
| 18 | documents provided to complete the dual-purpose application, | ||||||
| 19 | or that the agency cross-references, indicate that the | ||||||
| 20 | applicant he or she does not satisfy the qualifications to | ||||||
| 21 | register to vote in Illinois at his or her residence address, | ||||||
| 22 | the application shall be marked as incomplete. If the | ||||||
| 23 | applicant provides the designated automatic voter registration | ||||||
| 24 | agency with an address designated by the Attorney General as a | ||||||
| 25 | substitute mailing address under Section 15 of the Address | ||||||
| 26 | Confidentiality for Victims of Domestic Violence, Sexual | ||||||
| |||||||
| |||||||
| 1 | Assault, Human Trafficking, or Stalking Act, or is a judicial | ||||||
| 2 | officer or peace officer who provides the designated automatic | ||||||
| 3 | voter registration agency with a work address instead of a | ||||||
| 4 | residence address, the applicant shall not be offered voter | ||||||
| 5 | registration by the designated automatic voter registration | ||||||
| 6 | agency. | ||||||
| 7 | (f) For each completed and signed dual-purpose application | ||||||
| 8 | that constitutes an application to register to vote in | ||||||
| 9 | Illinois or provides for a change in the applicant's | ||||||
| 10 | registered residence address or name, the designated automatic | ||||||
| 11 | voter registration agency shall electronically transmit to the | ||||||
| 12 | State Board of Elections personal information needed to | ||||||
| 13 | complete the person's registration to vote in Illinois at his | ||||||
| 14 | or her residence address, including the applicant's language | ||||||
| 15 | preference as indicated by the applicant or as otherwise | ||||||
| 16 | collected by the designated automatic voter registration | ||||||
| 17 | agency in the course of receiving applications and other forms | ||||||
| 18 | regarding licenses, permits, programs, and services offered by | ||||||
| 19 | the designated automatic voter registration agency. The | ||||||
| 20 | application to register to vote shall be processed in | ||||||
| 21 | accordance with Section 1A-16.7. | ||||||
| 22 | (g) As used in this Section: | ||||||
| 23 | "Designated automatic voter registration agency" or | ||||||
| 24 | "agency" means the divisions of Family and Community | ||||||
| 25 | Services and Rehabilitation Services of the Department of | ||||||
| 26 | Human Services, the Department of Employment Security, the | ||||||
| |||||||
| |||||||
| 1 | Department of Financial and Professional Regulation, the | ||||||
| 2 | Department of Natural Resources, or an agency of the | ||||||
| 3 | local, tribal, State, or federal government that has been | ||||||
| 4 | determined by the State Board of Elections to have access | ||||||
| 5 | to reliable personal information and has entered into an | ||||||
| 6 | interagency contract with the State Board of Elections to | ||||||
| 7 | participate in the automatic voter registration program | ||||||
| 8 | under this Section. | ||||||
| 9 | "Dual-purpose application" means an application, an | ||||||
| 10 | application for renewal, a change of address form, or a | ||||||
| 11 | recertification form for a license, permit, program, or | ||||||
| 12 | service offered by a designated automatic voter | ||||||
| 13 | registration agency that also serves as an application to | ||||||
| 14 | register to vote in Illinois. | ||||||
| 15 | "Reliable personal information" means information | ||||||
| 16 | about individuals obtained from government sources that | ||||||
| 17 | may be used to verify whether an individual is eligible to | ||||||
| 18 | register to vote. | ||||||
| 19 | (h) (Blank). This Section shall be implemented no later | ||||||
| 20 | than July 1, 2019. | ||||||
| 21 | (i) If an agency under this Section receives documentation | ||||||
| 22 | that an applicant is a United States citizen, as described in | ||||||
| 23 | subsection (g) of Section 1A-16.1 for more than one person | ||||||
| 24 | listed on an application for a license, permit, program, or | ||||||
| 25 | service, each person for whom the agency receives the | ||||||
| 26 | documentation may be considered an applicant under this | ||||||
| |||||||
| |||||||
| 1 | Section and the application may serve as a dual-purpose | ||||||
| 2 | application for each person. | ||||||
| 3 | (j) The changes made to this Section by this amendatory | ||||||
| 4 | Act of the 104th General Assembly shall be implemented no | ||||||
| 5 | later than January 1, 2028. | ||||||
| 6 | (Source: P.A. 100-464, eff. 8-28-17.) | ||||||
| 7 | (10 ILCS 5/1A-16.3 new) | ||||||
| 8 | Sec. 1A-16.3. Language assistance. | ||||||
| 9 | (a) Every facility operated by the Driver Services | ||||||
| 10 | Department of the Office of the Secretary of State and all | ||||||
| 11 | facilities of a designated voter registration agency located | ||||||
| 12 | in a political subdivision covered by Section 203 of the | ||||||
| 13 | federal Voting Rights Act shall display and make plainly | ||||||
| 14 | visible signage informing applicants about the type of | ||||||
| 15 | language assistance available. The signage shall be in the | ||||||
| 16 | covered languages applicable for the political subdivision. | ||||||
| 17 | (b) Every facility operated by the Driver Services | ||||||
| 18 | Department of the Office of the Secretary of State and all | ||||||
| 19 | facilities of a designated voter registration agency located | ||||||
| 20 | in a political subdivision covered by Section 203 of the | ||||||
| 21 | federal Voting Rights Act shall make available, in the covered | ||||||
| 22 | languages, all written materials and verbal communication | ||||||
| 23 | regarding voter registration for the purpose of processing the | ||||||
| 24 | applicant's dual-purpose application described in Sections | ||||||
| 25 | 1A-16.1 and 1A-16.2. Every facility operated by the Driver | ||||||
| |||||||
| |||||||
| 1 | Services Department of the Office of the Secretary of State | ||||||
| 2 | and all facilities of a designated voter registration agency | ||||||
| 3 | shall make available, in the 5 most common non-English | ||||||
| 4 | languages in this State, all written materials and verbal | ||||||
| 5 | communications regarding voter registration for the purpose of | ||||||
| 6 | processing an applicant's dual-purpose application described | ||||||
| 7 | in Sections 1A-16.1 and 1A-16.2. These materials shall include | ||||||
| 8 | the notices described in subsection (b-10) of Section 1A-16.1 | ||||||
| 9 | and subsection (e) of Section 2-105 of the Illinois Vehicle | ||||||
| 10 | Code, the affirmations described in paragraph (3) of | ||||||
| 11 | subsection (b) of Section 1A-16.1 and paragraph (3) of | ||||||
| 12 | subsection (b) of Section 1A-16.2, and the attestations | ||||||
| 13 | described in subsection (b-5) of Section 1A-16.1 and paragraph | ||||||
| 14 | (3) of subsection (c) of Section 1A-16.2. | ||||||
| 15 | (c) In addition to the requirements under subsections (a) | ||||||
| 16 | and (b), the Driver Services Department of the Office of the | ||||||
| 17 | Secretary of State, as part of every transaction described in | ||||||
| 18 | subsections (b) and (b-5) of Section 1A-16.1 completed through | ||||||
| 19 | its website, and each designated automatic voter registration | ||||||
| 20 | agency, as defined in subsection (g) of Section 1A-16.2, as | ||||||
| 21 | part of every transaction described in subsections (b) and (c) | ||||||
| 22 | of Section 1A-16.2 completed through its website, shall make | ||||||
| 23 | available, in the covered languages required in any | ||||||
| 24 | jurisdiction in this State by Section 203 of the federal | ||||||
| 25 | Voting Rights Act and in the 5 most common non-English | ||||||
| 26 | languages in this State, all information and questions | ||||||
| |||||||
| |||||||
| 1 | provided to an applicant regarding voter registration for the | ||||||
| 2 | purpose of processing the applicant's dual-purpose application | ||||||
| 3 | as described in Sections 1A-16.1 and 1A-16.2. These materials | ||||||
| 4 | shall include, but not be limited to, the notices described in | ||||||
| 5 | subsection (b-10) of Section 1A-16.1 and subsection (e) of | ||||||
| 6 | Section 2-105 of the Illinois Vehicle Code, the affirmations | ||||||
| 7 | described in paragraph (3) of subsection (b) of Section | ||||||
| 8 | 1A-16.1 and paragraph (3) of subsection (b) of Section | ||||||
| 9 | 1A-16.2, and the attestations described in subsection (b-5) of | ||||||
| 10 | Section 1A-16.1 and paragraph (3) of subsection (c) of Section | ||||||
| 11 | 1A-16.2. The Office of the Secretary of the State shall | ||||||
| 12 | determine the 5 most common non-English languages in this | ||||||
| 13 | State by referring to the best available data from the United | ||||||
| 14 | States Census Bureau or other sources that the Office of the | ||||||
| 15 | Secretary of the State considers relevant and reliable. | ||||||
| 16 | (10 ILCS 5/1A-16.7) | ||||||
| 17 | Sec. 1A-16.7. Automatic voter registration. | ||||||
| 18 | (a) The State Board of Elections shall establish and | ||||||
| 19 | maintain a portal for automatic government agency voter | ||||||
| 20 | registration that permits an eligible person to electronically | ||||||
| 21 | apply to register to vote or to update his or her existing | ||||||
| 22 | voter registration as provided in Section 1A-16.1 or Section | ||||||
| 23 | 1A-16.2. The portal shall interface with the online voter | ||||||
| 24 | registration system established in Section 1A-16.5 of this | ||||||
| 25 | Code and shall be capable of receiving and processing voter | ||||||
| |||||||
| |||||||
| 1 | registration application information, including electronic | ||||||
| 2 | signatures, from the Office of the Secretary of State and each | ||||||
| 3 | designated automatic voter registration agency, as defined in | ||||||
| 4 | Section 1A-16.2. The State Board of Elections may | ||||||
| 5 | cross-reference voter registration information from any | ||||||
| 6 | designated automatic voter registration agency, as defined | ||||||
| 7 | under Section 1A-16.2 of this Code, with information contained | ||||||
| 8 | in the database of the Secretary of State as provided under | ||||||
| 9 | subsection (c) of Section 1A-16.5 of this Code. The State | ||||||
| 10 | Board of Elections shall modify the online voter registration | ||||||
| 11 | system as necessary to implement this Section. | ||||||
| 12 | (b) Voter registration data received from the Office of | ||||||
| 13 | the Secretary of State or a designated automatic voter | ||||||
| 14 | registration agency through the online registration | ||||||
| 15 | application system shall be processed as provided in Section | ||||||
| 16 | 1A-16.5 of this Code. | ||||||
| 17 | (c) The State Board of Elections shall establish technical | ||||||
| 18 | specifications applicable to each automatic government | ||||||
| 19 | registration program, including data format and transmission | ||||||
| 20 | specifications. The Office of the Secretary of State and each | ||||||
| 21 | designated automatic voter registration agency shall maintain | ||||||
| 22 | a data transfer mechanism capable of transmitting voter | ||||||
| 23 | registration application information, including electronic | ||||||
| 24 | signatures where available, to the online voter registration | ||||||
| 25 | system established in Section 1A-16.5 of this Code. | ||||||
| 26 | (d) The State Board of Elections shall, by rule, establish | ||||||
| |||||||
| |||||||
| 1 | criteria and procedures for determining whether an agency of | ||||||
| 2 | the State or federal government seeking to become a designated | ||||||
| 3 | automatic voter registration agency in the course of receiving | ||||||
| 4 | applications and other forms regarding licenses, permits, | ||||||
| 5 | programs, and services offered by the agency, receives | ||||||
| 6 | documentation that an applicant is a United States citizen, as | ||||||
| 7 | described in subsection (g) of Section 1A-16.1 has access to | ||||||
| 8 | reliable personal information, as defined under this | ||||||
| 9 | subsection (d) and subsection (f) of Section 1A-16.2 of this | ||||||
| 10 | Code, and otherwise meets the requirements to enter into an | ||||||
| 11 | interagency contract and to operate as a designated automatic | ||||||
| 12 | voter registration agency. The State Board of Elections shall | ||||||
| 13 | approve each interagency contract upon affirmative vote of a | ||||||
| 14 | majority of its members. | ||||||
| 15 | As used in this subsection (d), "reliable personal | ||||||
| 16 | information" means information about individuals obtained from | ||||||
| 17 | government sources that may be used to verify whether an | ||||||
| 18 | individual is eligible to register to vote. | ||||||
| 19 | (e) Whenever an applicant's data is transferred from the | ||||||
| 20 | Office of the Secretary of State or a designated automatic | ||||||
| 21 | voter registration agency, the agency must transmit a | ||||||
| 22 | signature image if available. If no signature image was | ||||||
| 23 | provided by the agency and , or if no signature image is | ||||||
| 24 | available in the Office of the Secretary of State's database | ||||||
| 25 | or the statewide voter registration database, or other | ||||||
| 26 | database available to the State Board of Elections, the | ||||||
| |||||||
| |||||||
| 1 | applicant must be notified that voter his or her registration | ||||||
| 2 | will remain in a pending status until the applicant: , and the | ||||||
| 3 | applicant will be required to | ||||||
| 4 | (1) provides provide identification that complies with | ||||||
| 5 | the federal Help America Vote Act of 2002 and a signature | ||||||
| 6 | to the election authority on election day in the polling | ||||||
| 7 | place or during early voting; . | ||||||
| 8 | (2) provides identification that complies with the | ||||||
| 9 | federal Help America Vote Act of 2002 and a signature with | ||||||
| 10 | a mail ballot, or provides a signature in accordance with | ||||||
| 11 | the procedures described in subsection (g-5) of Section | ||||||
| 12 | 19-8; or | ||||||
| 13 | (3) provides a signature in response to the notice | ||||||
| 14 | described in subsection (g) or by other paper or | ||||||
| 15 | electronic means determined by the State Board of | ||||||
| 16 | Elections. | ||||||
| 17 | (f) Upon receipt of personal information collected and | ||||||
| 18 | transferred by the Office of the Secretary of State or a | ||||||
| 19 | designated automatic voter registration agency, the State | ||||||
| 20 | Board of Elections shall check the information against the | ||||||
| 21 | statewide voter registration database. The State Board of | ||||||
| 22 | Elections shall create and electronically transmit to the | ||||||
| 23 | appropriate election authority a voter registration | ||||||
| 24 | application for any individual who is not registered to vote | ||||||
| 25 | in Illinois and is not disqualified as provided in this | ||||||
| 26 | Section or whose information reliably indicates a more recent | ||||||
| |||||||
| |||||||
| 1 | update to the name or address of a person already included in | ||||||
| 2 | the statewide voter database. The election authority shall | ||||||
| 3 | process the application accordingly. If the individual | ||||||
| 4 | provides the Office of the Secretary of State or a designated | ||||||
| 5 | automatic voter registration agency with an address designated | ||||||
| 6 | by the Attorney General as a substitute mailing address under | ||||||
| 7 | Section 15 of the Address Confidentiality for Victims of | ||||||
| 8 | Domestic Violence, Sexual Assault, Human Trafficking, or | ||||||
| 9 | Stalking Act or if the State Board of Elections otherwise | ||||||
| 10 | determines that the individual is a program participant under | ||||||
| 11 | Section 10 of the Address Confidentiality for Victims of | ||||||
| 12 | Domestic Violence, Sexual Assault, Human Trafficking, or | ||||||
| 13 | Stalking Act, the State Board of Elections shall not create or | ||||||
| 14 | electronically transmit to an election authority a voter | ||||||
| 15 | registration the application for the individual. The State | ||||||
| 16 | Board of Elections may provide alternative voter registration | ||||||
| 17 | procedures for the individuals described in this subsection. | ||||||
| 18 | (g) The appropriate election authority shall ensure that | ||||||
| 19 | any applicant about whom it receives information from the | ||||||
| 20 | State Board of Elections under subsection (f) who is | ||||||
| 21 | registered to vote or whose existing voter registration is | ||||||
| 22 | updated under this Section is promptly sent written notice of | ||||||
| 23 | the change. The notice required by this subsection (g) may be | ||||||
| 24 | sent or combined with other notices required or permitted by | ||||||
| 25 | law, including, but not limited to, any notices sent pursuant | ||||||
| 26 | to Section 1A-16.5 of this Code. Any notice required by this | ||||||
| |||||||
| |||||||
| 1 | subsection (g) shall contain, at a minimum: (i) the | ||||||
| 2 | applicant's name and residential address as reflected on the | ||||||
| 3 | voter registration list; (ii) a statement notifying the | ||||||
| 4 | applicant to contact the appropriate election authority if his | ||||||
| 5 | or her voter registration has been updated in error; (iii) the | ||||||
| 6 | qualifications to register to vote in Illinois; (iv) a | ||||||
| 7 | statement notifying the applicant that he or she may opt out of | ||||||
| 8 | voter registration or request a change to his or her | ||||||
| 9 | registration information at any time by contacting an election | ||||||
| 10 | official; and (iii) (v) contact information for the | ||||||
| 11 | appropriate election authority, including a phone number, | ||||||
| 12 | address, electronic mail address, and website address. | ||||||
| 13 | For an applicant under subsection (b) of Section 1A-16.1 | ||||||
| 14 | or subsection (b) of Section 1A-16.2 who is not currently | ||||||
| 15 | registered to vote in Illinois, the notice shall be sent | ||||||
| 16 | within 5 business days after the transmission of the voter | ||||||
| 17 | registration application to the election authority and shall | ||||||
| 18 | contain: | ||||||
| 19 | (1) the following statement: "After your recent visit | ||||||
| 20 | to [an Illinois Secretary of State Driver Services | ||||||
| 21 | Facility or designated automatic voter registration | ||||||
| 22 | agency], we started an automatic voter registration | ||||||
| 23 | process for you. You will be registered to vote unless you | ||||||
| 24 | complete, sign, and return this card by [deadline date]."; | ||||||
| 25 | (2) the notices required by Section 5(c)(2) of the | ||||||
| 26 | National Voter Registration Act of 1993; and | ||||||
| |||||||
| |||||||
| 1 | (3) an opportunity to provide a signature as described | ||||||
| 2 | in subsection (e) and to select a language for election | ||||||
| 3 | materials if applicable to the jurisdiction, by prepaid | ||||||
| 4 | postage. | ||||||
| 5 | For an applicant under subsection (b) of Section 1A-16.1 | ||||||
| 6 | or subsections (b) of Section 1A-16.2 who is currently | ||||||
| 7 | registered to vote in Illinois and whose application contains | ||||||
| 8 | a change in the applicant's registered residence address or | ||||||
| 9 | name, the notice shall be sent within 5 business days after the | ||||||
| 10 | transmission of the voter registration application to the | ||||||
| 11 | election authority and shall contain: | ||||||
| 12 | (1) the following statement: "After your recent visit | ||||||
| 13 | to [an Illinois Secretary of State Driver Services | ||||||
| 14 | Facility or designated automatic voter registration | ||||||
| 15 | agency], we started an update to your voter registration. | ||||||
| 16 | Your voter registration will be updated unless you | ||||||
| 17 | complete, sign and return this card by [deadline date]."; | ||||||
| 18 | (2) the notices required by Section 5(c)(2) of the | ||||||
| 19 | National Voter Registration Act of 1993; and | ||||||
| 20 | (3) an opportunity to provide a signature as described | ||||||
| 21 | in subsection (e), and to select a language for election | ||||||
| 22 | materials if applicable to the jurisdiction, by prepaid | ||||||
| 23 | postage. | ||||||
| 24 | Any notice required by this subsection shall, at a | ||||||
| 25 | minimum, be provided in languages for which there is coverage | ||||||
| 26 | for the jurisdiction of the election authority under Section | ||||||
| |||||||
| |||||||
| 1 | 203 of the federal Voting Rights Act, as identified by the | ||||||
| 2 | United States Census Bureau in the Federal Register. Any | ||||||
| 3 | notice required by this subsection must also comply with all | ||||||
| 4 | applicable, federal, State, and local laws, regulations, and | ||||||
| 5 | ordinances that relate to providing language access to | ||||||
| 6 | individuals with limited English proficiency. If the State | ||||||
| 7 | Board of Elections has received language preference | ||||||
| 8 | information regarding the applicant and has transmitted that | ||||||
| 9 | information to the appropriate election authority, the | ||||||
| 10 | appropriate election authority shall take all practicable | ||||||
| 11 | measures to send the notice to the applicant in the | ||||||
| 12 | applicant's preferred language. | ||||||
| 13 | (g-5) If an applicant under subsection (b) of Section | ||||||
| 14 | 1A-16.1 or subsection (b) of Section 1A-16.2 returns the | ||||||
| 15 | notice described in subsection (g) declining to be registered | ||||||
| 16 | within 23 days after the mailing of the notice, the applicant | ||||||
| 17 | shall not be registered to vote and the applicant shall be | ||||||
| 18 | deemed not to have attempted to register to vote. If an | ||||||
| 19 | applicant under subsection (b) of Section 1A-16.1 or | ||||||
| 20 | subsection (b) of Section 1A-16.2 returns the notice described | ||||||
| 21 | in subsection (g) declining or correcting the update within 23 | ||||||
| 22 | days after the mailing of the notice, the applicant's update | ||||||
| 23 | shall be declined or corrected in the statewide voter | ||||||
| 24 | registration database. If an applicant returns the notice | ||||||
| 25 | described in subsection (g) but does not do so within 23 days | ||||||
| 26 | after the mailing of the notice, then the applicant shall be | ||||||
| |||||||
| |||||||
| 1 | registered to vote under the name and address contained in the | ||||||
| 2 | dual-purpose application. If an applicant returns the notice | ||||||
| 3 | described in subsection (g) declining to be registered or | ||||||
| 4 | declining or correcting the update more than 23 days after the | ||||||
| 5 | mailing of the notice, then the notice shall be processed as a | ||||||
| 6 | request to cancel or update the applicant's registration. | ||||||
| 7 | During the 23-day period specified in this subsection, an | ||||||
| 8 | applicant's voter registration or updated voter registration | ||||||
| 9 | shall be in a pending status. | ||||||
| 10 | (g-6) If an applicant under subsection (b) of Section | ||||||
| 11 | 1A-16.1 or subsection (b) of Section 1A-16.2 returns the | ||||||
| 12 | notice indicating a language preference, the language | ||||||
| 13 | preference shall be retained as part of the person's | ||||||
| 14 | registration information. | ||||||
| 15 | (h) The appropriate election authority shall ensure that | ||||||
| 16 | any applicant whose voter registration application is not | ||||||
| 17 | accepted or deemed incomplete is promptly sent written notice | ||||||
| 18 | of the application's status. The notice required by this | ||||||
| 19 | subsection may be sent or combined with other notices required | ||||||
| 20 | or permitted by law, including, but not limited to, any | ||||||
| 21 | notices sent pursuant to Section 1A-16.5 of this Code. Any | ||||||
| 22 | notice required by this subsection (h) shall contain, at a | ||||||
| 23 | minimum, the reason the application was not accepted or deemed | ||||||
| 24 | incomplete and contact information for the appropriate | ||||||
| 25 | election authority, including a phone number, address, | ||||||
| 26 | electronic mail address, and website address. | ||||||
| |||||||
| |||||||
| 1 | (i) If the Office of the Secretary of State or a designated | ||||||
| 2 | automatic voter registration agency transfers information, or | ||||||
| 3 | if the State Board of Elections creates and transmits a voter | ||||||
| 4 | registration application, for a person who does not qualify as | ||||||
| 5 | an eligible voter, then it shall not constitute a completed | ||||||
| 6 | voter registration form, and the person shall not be | ||||||
| 7 | considered to have registered to vote. | ||||||
| 8 | (j) If the registration is processed by any election | ||||||
| 9 | authority, then it shall be presumed to have been effected and | ||||||
| 10 | officially authorized by the State, and that person shall not | ||||||
| 11 | be found on that basis to have made a false claim to | ||||||
| 12 | citizenship or to have committed an act of moral turpitude, | ||||||
| 13 | nor shall that person be subject to penalty under any relevant | ||||||
| 14 | laws, including, but not limited to, Sections 29-10 and 29-19 | ||||||
| 15 | of this Code. This subsection (j) does not apply to a person | ||||||
| 16 | who knows that he or she is not entitled to register to vote | ||||||
| 17 | and who willfully votes, registers to vote, or attests under | ||||||
| 18 | penalty of perjury that he or she is eligible to register to | ||||||
| 19 | vote or willfully attempts to vote or to register to vote. | ||||||
| 20 | (k) The State Board of Elections, the Office of the | ||||||
| 21 | Secretary of State, and each designated automatic voter | ||||||
| 22 | registration agency shall implement policies and procedures to | ||||||
| 23 | protect the privacy and security of voter information as it is | ||||||
| 24 | acquired, stored, and transmitted among agencies, including | ||||||
| 25 | policies for the retention and preservation of voter | ||||||
| 26 | information. Information designated as confidential under this | ||||||
| |||||||
| |||||||
| 1 | Section may be recorded and shared among the State Board of | ||||||
| 2 | Elections, election authorities, the Office of the Secretary | ||||||
| 3 | of State, and designated automatic voter registration | ||||||
| 4 | agencies, but shall be used only for voter registration | ||||||
| 5 | purposes, shall not be disclosed to the public except in the | ||||||
| 6 | aggregate as required by subsection (m) of this Section, and | ||||||
| 7 | shall not be subject to the Freedom of Information Act. The | ||||||
| 8 | following information shall be designated as confidential: | ||||||
| 9 | (1) any portion of an applicant's Social Security | ||||||
| 10 | number; | ||||||
| 11 | (2) any portion of an applicant's driver's license | ||||||
| 12 | number or State identification number; | ||||||
| 13 | (3) an applicant's decision to decline voter | ||||||
| 14 | registration; | ||||||
| 15 | (4) the identity of the person providing information | ||||||
| 16 | relating to a specific applicant; and | ||||||
| 17 | (5) the personal residence and contact information of | ||||||
| 18 | any applicant for whom notice has been given by an | ||||||
| 19 | appropriate legal authority; and . | ||||||
| 20 | (6) the personal residence and contact information | ||||||
| 21 | relating to an applicant who returns a notice described | ||||||
| 22 | subsection (g) declining to register to vote that was | ||||||
| 23 | received by the election authority within 23 days after | ||||||
| 24 | mailing the notice or for whom the 23-day period has not | ||||||
| 25 | passed. | ||||||
| 26 | This subsection (k) shall not apply to information the | ||||||
| |||||||
| |||||||
| 1 | State Board of Elections is required to share with the | ||||||
| 2 | Electronic Registration Information Center. | ||||||
| 3 | (l) The voter registration procedures implemented under | ||||||
| 4 | this Section shall comport with the federal National Voter | ||||||
| 5 | Registration Act of 1993, as amended, and shall specifically | ||||||
| 6 | require that the State Board of Elections track registration | ||||||
| 7 | data received through the online registration system that | ||||||
| 8 | originated from a designated automatic voter registration | ||||||
| 9 | agency for the purposes of maintaining statistics. | ||||||
| 10 | Nothing in this Code shall require designated voter | ||||||
| 11 | registration agencies to transmit information that is | ||||||
| 12 | confidential client information under State or federal law | ||||||
| 13 | without the consent of the applicant. | ||||||
| 14 | (m) The State Board of Elections, each election authority | ||||||
| 15 | that maintains a website, the Office of the Secretary of | ||||||
| 16 | State, and each designated automatic voter registration agency | ||||||
| 17 | that maintains a website shall provide information on their | ||||||
| 18 | websites informing the public about the new registration | ||||||
| 19 | procedures described in this Section. The Office of the | ||||||
| 20 | Secretary of State and each designated automatic voter | ||||||
| 21 | registration agency shall display signage or provide | ||||||
| 22 | literature for the public containing information about the new | ||||||
| 23 | registration procedures described in this Section. | ||||||
| 24 | (n) No later than 6 months after the effective date of this | ||||||
| 25 | amendatory Act of the 100th General Assembly, the State Board | ||||||
| 26 | of Elections shall hold at least one public hearing on | ||||||
| |||||||
| |||||||
| 1 | implementing this amendatory Act of the 100th General Assembly | ||||||
| 2 | at which the public may provide input. | ||||||
| 3 | (o) The State Board of Elections shall submit an annual | ||||||
| 4 | public report to the General Assembly and the Governor | ||||||
| 5 | detailing the progress made to implement this Section. The | ||||||
| 6 | report shall include all of the following: the number of | ||||||
| 7 | records transferred under this Section by agency, the number | ||||||
| 8 | of voters newly added to the statewide voter registration list | ||||||
| 9 | because of records transferred under this Section by agency, | ||||||
| 10 | the number of updated registrations under this Section by | ||||||
| 11 | agency, the number of persons who opted out of voter | ||||||
| 12 | registration, and the number of voters who submitted voter | ||||||
| 13 | registration forms using the online procedure described in | ||||||
| 14 | Section 1A-16.5 of this Code. The 2018 and 2019 annual reports | ||||||
| 15 | may include less detail if election authorities are not | ||||||
| 16 | equipped to provide complete information to the State Board of | ||||||
| 17 | Elections. Any report produced under this subsection (o) shall | ||||||
| 18 | exclude any information that identifies any individual | ||||||
| 19 | personally. | ||||||
| 20 | (p) The State Board of Elections, in consultation with | ||||||
| 21 | election authorities, the Office of the Secretary of State, | ||||||
| 22 | designated automatic voter registration agencies, and | ||||||
| 23 | community organizations, shall adopt rules as necessary to | ||||||
| 24 | implement the provisions of this Section. | ||||||
| 25 | (q) The changes made to this Section by this amendatory | ||||||
| 26 | Act of the 104th General Assembly shall be implemented no | ||||||
| |||||||
| |||||||
| 1 | later than January 1, 2028. | ||||||
| 2 | (Source: P.A. 100-464, eff. 8-28-17.) | ||||||
| 3 | (10 ILCS 5/1A-16.8) | ||||||
| 4 | Sec. 1A-16.8. Automatic transfer of registration based | ||||||
| 5 | upon information from the National Change of Address database | ||||||
| 6 | and designated automatic voter registration agencies. | ||||||
| 7 | (a) The State Board of Elections shall cross-reference the | ||||||
| 8 | statewide voter registration database against the United | ||||||
| 9 | States Postal Service's National Change of Address database | ||||||
| 10 | twice each calendar year, April 15 and October 1 in | ||||||
| 11 | odd-numbered years and April 15 and December 1 in | ||||||
| 12 | even-numbered years or with the same frequency as in | ||||||
| 13 | subsection (b) of this Section, and shall share the findings | ||||||
| 14 | with the election authorities. | ||||||
| 15 | (b) In addition, beginning no later than September 1, | ||||||
| 16 | 2017, the State Board of Elections shall utilize data provided | ||||||
| 17 | as part of its membership in the Electronic Registration | ||||||
| 18 | Information Center in order to cross-reference the statewide | ||||||
| 19 | voter registration database against databases of relevant | ||||||
| 20 | personal information kept by designated automatic voter | ||||||
| 21 | registration agencies, including, but not limited to, driver's | ||||||
| 22 | license information kept by the Secretary of State, at least 6 | ||||||
| 23 | times each calendar year and shall share the findings with | ||||||
| 24 | election authorities. | ||||||
| 25 | This subsection (b) shall no longer apply once Sections | ||||||
| |||||||
| |||||||
| 1 | 1A-16.1 and 1A-16.2 of this Code are fully implemented as | ||||||
| 2 | determined by the State Board of Elections. Upon a | ||||||
| 3 | determination by the State Board of Elections of full | ||||||
| 4 | implementation of Sections 1A-16.1 and 1A-16.2 of this Code, | ||||||
| 5 | the State Board of Elections shall file notice of full | ||||||
| 6 | implementation and the inapplicability of this subsection (b) | ||||||
| 7 | with the Index Department of the Office of the Secretary of | ||||||
| 8 | State, the Governor, the General Assembly, and the Legislative | ||||||
| 9 | Reference Bureau. | ||||||
| 10 | (b-5) The State Board of Elections shall not be required | ||||||
| 11 | to share any data on any voter attained using the National | ||||||
| 12 | Change of Address database under subsection (a) of this | ||||||
| 13 | Section if that voter has a more recent government transaction | ||||||
| 14 | indicated using the cross-reference under subsection (b) of | ||||||
| 15 | this Section. If there is contradictory or unclear data | ||||||
| 16 | between data obtained under subsections (a) and (b) of this | ||||||
| 17 | Section, then data obtained under subsection (b) of this | ||||||
| 18 | Section shall take priority. | ||||||
| 19 | (c) An election authority shall automatically register any | ||||||
| 20 | voter who has moved into its jurisdiction from another | ||||||
| 21 | jurisdiction in Illinois or has moved within its jurisdiction | ||||||
| 22 | provided that: | ||||||
| 23 | (1) the election authority whose jurisdiction includes | ||||||
| 24 | the new registration address provides the voter an | ||||||
| 25 | opportunity to reject the change in registration address | ||||||
| 26 | through a mailing, sent by non-forwardable mail, to the | ||||||
| |||||||
| |||||||
| 1 | new registration address, and | ||||||
| 2 | (2) when the election authority whose jurisdiction | ||||||
| 3 | includes the previous registration address is a different | ||||||
| 4 | election authority, then that election authority provides | ||||||
| 5 | the same opportunity through a mailing, sent by | ||||||
| 6 | forwardable mail, to the previous registration address. | ||||||
| 7 | This change in registration shall trigger the same | ||||||
| 8 | inter-jurisdictional or intra-jurisdictional workflows as if | ||||||
| 9 | the voter completed a new registration card, including the | ||||||
| 10 | cancellation of the voter's previous registration. Should the | ||||||
| 11 | registration of a voter be changed from one address to another | ||||||
| 12 | within the State and should the voter appear at the polls and | ||||||
| 13 | offer to vote from the prior registration address, attesting | ||||||
| 14 | that the prior registration address is the true current | ||||||
| 15 | address, the voter, if confirmed by the election authority as | ||||||
| 16 | having been registered at the prior registration address and | ||||||
| 17 | canceled only by the process authorized by this Section, shall | ||||||
| 18 | be issued a regular ballot, and the change of registration | ||||||
| 19 | address shall be canceled. If the election authority is unable | ||||||
| 20 | to immediately confirm the registration, the voter shall be | ||||||
| 21 | permitted to register and vote a regular ballot, provided that | ||||||
| 22 | he or she meets the documentary requirements for same-day | ||||||
| 23 | registration. If the election authority is unable to confirm | ||||||
| 24 | the registration and the voter does not meet the requirements | ||||||
| 25 | for same-day registration, the voter shall be issued a | ||||||
| 26 | provisional ballot. | ||||||
| |||||||
| |||||||
| 1 | (c-5) An agency that does not receive documentation that | ||||||
| 2 | an applicant is a United States citizen, as described in | ||||||
| 3 | subsection (g) of Section 1A-16.1, may enter into an agreement | ||||||
| 4 | with the State Board of Elections to transmit information that | ||||||
| 5 | shall serve only to update an applicant's existing voter | ||||||
| 6 | registration record. Under the agreement, the agency shall | ||||||
| 7 | transmit information on all clients who may be registered to | ||||||
| 8 | vote with a clear indication that the information shall be | ||||||
| 9 | used only for updates. The State Board of Elections shall | ||||||
| 10 | determine which applicants are already registered to vote and, | ||||||
| 11 | for any voter whose information provided to the agency differs | ||||||
| 12 | from that on the voter registration record, provide that | ||||||
| 13 | information to the voter's local election authority who shall | ||||||
| 14 | update a registered voter's records in accordance with the | ||||||
| 15 | procedures described in Section 1A-16.7. The State Board of | ||||||
| 16 | Election and local election authority shall take no action | ||||||
| 17 | under this subsection for any applicant not already registered | ||||||
| 18 | to vote. | ||||||
| 19 | This subsection shall be implemented no later than January | ||||||
| 20 | 1, 2028. | ||||||
| 21 | (d) No voter shall be disqualified from voting due to an | ||||||
| 22 | error relating to an update of registration under this | ||||||
| 23 | Section. | ||||||
| 24 | (Source: P.A. 99-522, eff. 6-30-16; 100-464, eff. 8-28-17.) | ||||||
| 25 | Section 40-10. The Illinois Vehicle Code is amended by | ||||||
| |||||||
| |||||||
| 1 | changing Section 2-105 as follows: | ||||||
| 2 | (625 ILCS 5/2-105) (from Ch. 95 1/2, par. 2-105) | ||||||
| 3 | Sec. 2-105. Offices of Secretary of State. | ||||||
| 4 | (a) The Secretary of State shall maintain offices in the | ||||||
| 5 | State capital and in such other places in the State as he may | ||||||
| 6 | deem necessary to properly carry out the powers and duties | ||||||
| 7 | vested in him. | ||||||
| 8 | (b) The Secretary of State may construct and equip one or | ||||||
| 9 | more buildings in the State of Illinois outside of the County | ||||||
| 10 | of Sangamon as he deems necessary to properly carry out the | ||||||
| 11 | powers and duties vested in him. The Secretary of State may, on | ||||||
| 12 | behalf of the State of Illinois, acquire public or private | ||||||
| 13 | property needed therefor by lease, purchase or eminent domain. | ||||||
| 14 | The care, custody and control of such sites and buildings | ||||||
| 15 | constructed thereon shall be vested in the Secretary of State. | ||||||
| 16 | Expenditures for the construction and equipping of any of such | ||||||
| 17 | buildings upon premises owned by another public entity shall | ||||||
| 18 | not be subject to the provisions of any State law requiring | ||||||
| 19 | that the State be vested with absolute fee title to the | ||||||
| 20 | premises. The exercise of the authority vested in the | ||||||
| 21 | Secretary of State by this Section is subject to the | ||||||
| 22 | appropriation of the necessary funds. | ||||||
| 23 | (c) Pursuant to Sections 1A-16.1, 1A-16.7, and 1A-25 of | ||||||
| 24 | the Election Code, the Secretary of State shall make driver | ||||||
| 25 | services facilities available for use as places of accepting | ||||||
| |||||||
| |||||||
| 1 | applications for voter registration. | ||||||
| 2 | (d) (Blank). | ||||||
| 3 | (e) Each applicant person applying at a driver services | ||||||
| 4 | facility for a driver's license or permit, a corrected | ||||||
| 5 | driver's license or permit, an Illinois Identification Card | ||||||
| 6 | identification card or a corrected Illinois Identification | ||||||
| 7 | Card who has presented documentation establishing United | ||||||
| 8 | States citizenship as set forth in subsection (g) of Section | ||||||
| 9 | 1A-16.1 of the Election Code identification card shall be | ||||||
| 10 | notified, under the procedures set forth in Sections 1A-16.1 | ||||||
| 11 | and 1A-16.7 of the Election Code, that the applicant's unless | ||||||
| 12 | he or she affirmatively declines, his or her personal | ||||||
| 13 | information shall be transferred to the State Board of | ||||||
| 14 | Elections for the purpose of creating an electronic voter | ||||||
| 15 | registration application. Each applicant applying at a driver | ||||||
| 16 | services facility for a driver's license or permit, a | ||||||
| 17 | corrected driver's license or permit, or a State | ||||||
| 18 | identification card or a corrected Illinois Identification | ||||||
| 19 | Card who presented documentation that neither establishes that | ||||||
| 20 | the applicant is a United States citizen nor establishes that | ||||||
| 21 | the applicant is not a United States citizen, but who | ||||||
| 22 | affirmatively indicated they wished to apply to register to | ||||||
| 23 | vote and attested, in writing, to United States citizenship, | ||||||
| 24 | shall be notified, under the procedures set forth in Sections | ||||||
| 25 | 1A-16.1 and 1A-16.7 of the Election Code that the applicant's | ||||||
| 26 | personal information will be transmitted to the State Board of | ||||||
| |||||||
| |||||||
| 1 | Elections for the purpose of creating an electronic voter | ||||||
| 2 | registration application. Such notification may be made in | ||||||
| 3 | writing or verbally issued by an employee or the Secretary of | ||||||
| 4 | State. | ||||||
| 5 | The Secretary of State shall promulgate such rules as may | ||||||
| 6 | be necessary for the efficient execution of his duties and the | ||||||
| 7 | duties of his employees under this Section. | ||||||
| 8 | (f) Any person applying at a driver services facility for | ||||||
| 9 | issuance or renewal of a driver's license or Illinois | ||||||
| 10 | Identification Card shall be provided, without charge, with a | ||||||
| 11 | brochure warning the person of the dangers of financial | ||||||
| 12 | identity theft. The Department of Financial and Professional | ||||||
| 13 | Regulation shall prepare these brochures and provide them to | ||||||
| 14 | the Secretary of State for distribution. The brochures shall | ||||||
| 15 | (i) identify signs warning the reader that he or she might be | ||||||
| 16 | an intended victim of the crime of financial identity theft, | ||||||
| 17 | (ii) instruct the reader in how to proceed if the reader | ||||||
| 18 | believes that he or she is the victim of the crime of identity | ||||||
| 19 | theft, and (iii) provide the reader with names and telephone | ||||||
| 20 | numbers of law enforcement and other governmental agencies | ||||||
| 21 | that provide assistance to victims of financial identity | ||||||
| 22 | theft. | ||||||
| 23 | (g) (Blank). The changes made by this amendatory Act of | ||||||
| 24 | the 100th General Assembly shall be implemented no later than | ||||||
| 25 | July 1, 2018. | ||||||
| 26 | (h) The changes made to this Section by this amendatory | ||||||
| |||||||
| |||||||
| 1 | Act of the 104th General Assembly shall be implemented no | ||||||
| 2 | later than January 1, 2028. | ||||||
| 3 | (Source: P.A. 100-464, eff. 8-28-17.) | ||||||
| 4 | Article 45. | ||||||
| 5 | Section 45-1. This Act may be referred to as the Reverend | ||||||
| 6 | Jesse Jackson, Sr. Young Voter Empowerment Law. | ||||||
| 7 | Section 45-5. The School Code is amended by adding | ||||||
| 8 | Sections 10-20.88 and 34-18.88 as follows: | ||||||
| 9 | (105 ILCS 5/10-20.88 new) | ||||||
| 10 | Sec. 10-20.88. High school voter registration. Beginning | ||||||
| 11 | with the 2026-2027 school year, a school district maintaining | ||||||
| 12 | any of grades 9 through 12 shall provide all eligible students | ||||||
| 13 | graduating from high school with the opportunity to register | ||||||
| 14 | to vote. | ||||||
| 15 | (105 ILCS 5/34-18.88 new) | ||||||
| 16 | Sec. 34-18.88. High school voter registration. Beginning | ||||||
| 17 | with the 2026-2027 school year, the school district shall | ||||||
| 18 | provide all eligible students graduating from high school with | ||||||
| 19 | the opportunity to register to vote. | ||||||
| 20 | Article 50. | ||||||
| |||||||
| |||||||
| 1 | Section 50-5. The State Officials and Employees Ethics Act | ||||||
| 2 | is amended by changing Sections 5-5 and 70-5 as follows: | ||||||
| 3 | (5 ILCS 430/5-5) | ||||||
| 4 | Sec. 5-5. Personnel policies. | ||||||
| 5 | (a) Each of the following shall adopt and implement | ||||||
| 6 | personnel policies for all State employees under his, her, or | ||||||
| 7 | its jurisdiction and control: (i) each executive branch | ||||||
| 8 | constitutional officer, (ii) each legislative leader, (iii) | ||||||
| 9 | the Senate Operations Commission, with respect to legislative | ||||||
| 10 | employees under Section 4 of the General Assembly Operations | ||||||
| 11 | Act, (iv) the Speaker of the House of Representatives, with | ||||||
| 12 | respect to legislative employees under Section 5 of the | ||||||
| 13 | General Assembly Operations Act, (v) the Joint Committee on | ||||||
| 14 | Legislative Support Services, with respect to State employees | ||||||
| 15 | of the legislative support services agencies, (vi) members of | ||||||
| 16 | the General Assembly, with respect to legislative assistants, | ||||||
| 17 | as provided in Section 4 of the General Assembly Compensation | ||||||
| 18 | Act, (vii) the Auditor General, (viii) the Board of Higher | ||||||
| 19 | Education, with respect to State employees of public | ||||||
| 20 | institutions of higher learning except community colleges, and | ||||||
| 21 | (ix) the Illinois Community College Board, with respect to | ||||||
| 22 | State employees of community colleges. The Governor shall | ||||||
| 23 | adopt and implement those policies for all State employees of | ||||||
| 24 | the executive branch not under the jurisdiction and control of | ||||||
| |||||||
| |||||||
| 1 | any other executive branch constitutional officer. | ||||||
| 2 | (b) The policies required under subsection (a) shall be | ||||||
| 3 | filed with the appropriate ethics commission established under | ||||||
| 4 | this Act or, for the Auditor General, with the Office of the | ||||||
| 5 | Auditor General. | ||||||
| 6 | (c) The policies required under subsection (a) shall | ||||||
| 7 | include policies relating to work time requirements, | ||||||
| 8 | documentation of time worked, documentation for reimbursement | ||||||
| 9 | for travel on official State business, compensation, and the | ||||||
| 10 | earning or accrual of State benefits for all State employees | ||||||
| 11 | who may be eligible to receive those benefits. No later than 30 | ||||||
| 12 | days after the effective date of this amendatory Act of the | ||||||
| 13 | 100th General Assembly, the policies shall include, at a | ||||||
| 14 | minimum: (i) a prohibition on sexual harassment; (ii) details | ||||||
| 15 | on how an individual can report an allegation of sexual | ||||||
| 16 | harassment, including options for making a confidential report | ||||||
| 17 | to a supervisor, ethics officer, Inspector General, or the | ||||||
| 18 | Department of Human Rights; (iii) a prohibition on retaliation | ||||||
| 19 | for reporting sexual harassment allegations, including | ||||||
| 20 | availability of whistleblower protections under this Act, the | ||||||
| 21 | Whistleblower Act, and the Illinois Human Rights Act; and (iv) | ||||||
| 22 | the consequences of a violation of the prohibition on sexual | ||||||
| 23 | harassment and the consequences for knowingly making a false | ||||||
| 24 | report. The policies shall comply with and be consistent with | ||||||
| 25 | all other applicable laws. The policies shall require State | ||||||
| 26 | employees to periodically submit time sheets documenting the | ||||||
| |||||||
| |||||||
| 1 | time spent each day on official State business to the nearest | ||||||
| 2 | quarter hour; contractual State employees may satisfy the time | ||||||
| 3 | sheets requirement by complying with the terms of their | ||||||
| 4 | contract, which shall provide for a means of compliance with | ||||||
| 5 | this requirement. In addition, State employees of public | ||||||
| 6 | institutions of higher education classified as faculty | ||||||
| 7 | (including tenure system and nontenure system), and those not | ||||||
| 8 | eligible for overtime pay as defined by the Fair Labor | ||||||
| 9 | Standards Act, may satisfy the time sheets requirement by | ||||||
| 10 | complying with the terms of their contract or employment | ||||||
| 11 | agreement with the public institution of higher education, | ||||||
| 12 | which shall provide for a means of compliance with this | ||||||
| 13 | requirement. The policies for State employees shall require | ||||||
| 14 | those time sheets to be submitted on paper, electronically, or | ||||||
| 15 | both and to be maintained in either paper or electronic format | ||||||
| 16 | by the applicable fiscal office for a period of at least 2 | ||||||
| 17 | years. | ||||||
| 18 | (d) The policies required under subsection (a) shall be | ||||||
| 19 | adopted by the applicable entity before February 1, 2004 and | ||||||
| 20 | shall apply to State employees beginning 30 days after | ||||||
| 21 | adoption. | ||||||
| 22 | (Source: P.A. 100-554, eff. 11-16-17.) | ||||||
| 23 | (5 ILCS 430/70-5) | ||||||
| 24 | Sec. 70-5. Adoption by governmental entities. | ||||||
| 25 | (a) Within 6 months after the effective date of this Act, | ||||||
| |||||||
| |||||||
| 1 | each governmental entity other than a community college | ||||||
| 2 | district, and each community college district within 6 months | ||||||
| 3 | after the effective date of this amendatory Act of the 95th | ||||||
| 4 | General Assembly, shall adopt an ordinance or resolution that | ||||||
| 5 | regulates, in a manner no less restrictive than Section 5-15 | ||||||
| 6 | and Article 10 of this Act, (i) the political activities of | ||||||
| 7 | officers and employees of the governmental entity and (ii) the | ||||||
| 8 | soliciting and accepting of gifts by and the offering and | ||||||
| 9 | making of gifts to officers and employees of the governmental | ||||||
| 10 | entity. No later than 60 days after the effective date of this | ||||||
| 11 | amendatory Act of the 100th General Assembly, each | ||||||
| 12 | governmental unit shall adopt an ordinance or resolution | ||||||
| 13 | establishing a policy to prohibit sexual harassment. The | ||||||
| 14 | policy shall include, at a minimum: (i) a prohibition on | ||||||
| 15 | sexual harassment; (ii) details on how an individual can | ||||||
| 16 | report an allegation of sexual harassment, including options | ||||||
| 17 | for making a confidential report to a supervisor, ethics | ||||||
| 18 | officer, Inspector General, or the Department of Human Rights; | ||||||
| 19 | (iii) a prohibition on retaliation for reporting sexual | ||||||
| 20 | harassment allegations, including availability of | ||||||
| 21 | whistleblower protections under this Act, the Whistleblower | ||||||
| 22 | Act, and the Illinois Human Rights Act; and (iv) the | ||||||
| 23 | consequences of a violation of the prohibition on sexual | ||||||
| 24 | harassment and the consequences for knowingly making a false | ||||||
| 25 | report. Within 6 months after the effective date of this | ||||||
| 26 | amendatory Act of the 101st General Assembly, each | ||||||
| |||||||
| |||||||
| 1 | governmental unit that is not subject to the jurisdiction of a | ||||||
| 2 | State or local Inspector General shall adopt an ordinance or | ||||||
| 3 | resolution amending its sexual harassment policy to provide | ||||||
| 4 | for a mechanism for reporting and independent review of | ||||||
| 5 | allegations of sexual harassment made against an elected | ||||||
| 6 | official of the governmental unit by another elected official | ||||||
| 7 | of a governmental unit. | ||||||
| 8 | (b) Within 3 months after the effective date of this | ||||||
| 9 | amendatory Act of the 93rd General Assembly, the Attorney | ||||||
| 10 | General shall develop model ordinances and resolutions for the | ||||||
| 11 | purpose of this Article. The Attorney General shall advise | ||||||
| 12 | governmental entities on their contents and adoption. | ||||||
| 13 | (c) As used in this Article, (i) an "officer" means an | ||||||
| 14 | elected or appointed official; regardless of whether the | ||||||
| 15 | official is compensated, and (ii) an "employee" means a | ||||||
| 16 | full-time, part-time, or contractual employee. | ||||||
| 17 | (d) Notwithstanding any other provisions of this Section, | ||||||
| 18 | a governmental entity may create an ethics commission to | ||||||
| 19 | satisfy the requirements of subsection (a). | ||||||
| 20 | (Source: P.A. 100-554, eff. 11-16-17; 101-221, eff. 8-9-19.) | ||||||
| 21 | Section 50-10. The Election Code is amended by changing | ||||||
| 22 | Sections 13-1, 13-2, and 19-2 as follows: | ||||||
| 23 | (10 ILCS 5/13-1) (from Ch. 46, par. 13-1) | ||||||
| 24 | Sec. 13-1. In counties not under township organization, | ||||||
| |||||||
| |||||||
| 1 | the county board of commissioners shall at its meeting in July | ||||||
| 2 | in each even-numbered year appoint in each election precinct 5 | ||||||
| 3 | capable and discreet persons meeting the qualifications of | ||||||
| 4 | Section 13-4 to be judges of election. Where neither voting | ||||||
| 5 | machines nor electronic, mechanical or electric voting systems | ||||||
| 6 | are used, the county board may, for any precinct with respect | ||||||
| 7 | to which the board considers such action necessary or | ||||||
| 8 | desirable in view of the number of voters, and shall for | ||||||
| 9 | general elections for any precinct containing more than 600 | ||||||
| 10 | registered voters, appoint in addition to the 5 judges of | ||||||
| 11 | election a team of 5 tally judges. In such precincts the judges | ||||||
| 12 | of election shall preside over the election during the hours | ||||||
| 13 | the polls are open, and the tally judges, with the assistance | ||||||
| 14 | of the holdover judges designated pursuant to Section 13-6.2, | ||||||
| 15 | shall count the vote after the closing of the polls. However, | ||||||
| 16 | the County Board of Commissioners may appoint 3 judges of | ||||||
| 17 | election to serve in lieu of the 5 judges of election otherwise | ||||||
| 18 | required by this Section (1) to serve in any emergency | ||||||
| 19 | referendum, or in any odd-year regular election or in any | ||||||
| 20 | special primary or special election called for the purpose of | ||||||
| 21 | filling a vacancy in the office of representative in the | ||||||
| 22 | United States Congress or to nominate candidates for such | ||||||
| 23 | purpose or (2) if the county board passes an ordinance to | ||||||
| 24 | reduce the number of judges of election to 3 for primary | ||||||
| 25 | elections. In a county with a population of less than 100,000 | ||||||
| 26 | persons as of the last federal decennial census, an election | ||||||
| |||||||
| |||||||
| 1 | authority may also reduce the number of judges of election in | ||||||
| 2 | each precinct to 3 judges of election in lieu of the 5 judges | ||||||
| 3 | of election otherwise required by this Section. The tally | ||||||
| 4 | judges shall possess the same qualifications and shall be | ||||||
| 5 | appointed in the same manner and with the same division | ||||||
| 6 | between political parties as is provided for judges of | ||||||
| 7 | election. | ||||||
| 8 | In addition to such precinct judges, the county board of | ||||||
| 9 | commissioners shall appoint special panels of 3 judges each, | ||||||
| 10 | who shall possess the same qualifications and shall be | ||||||
| 11 | appointed in the same manner and with the same division | ||||||
| 12 | between political parties as is provided for other judges of | ||||||
| 13 | election. The number of such panels of judges required shall | ||||||
| 14 | be determined by regulations of the State Board of Elections | ||||||
| 15 | which shall base the required numbers of special panels on the | ||||||
| 16 | number of registered voters in the jurisdiction or the number | ||||||
| 17 | of vote by mail ballots voted at recent elections, or any | ||||||
| 18 | combination of such factors. | ||||||
| 19 | Such appointment shall be confirmed by the court as | ||||||
| 20 | provided in Section 13-3 of this Article. No more than 3 | ||||||
| 21 | persons of the same political party shall be appointed judges | ||||||
| 22 | of the same election precinct or election judge panel. The | ||||||
| 23 | appointment shall be made in the following manner: The county | ||||||
| 24 | board of commissioners shall select and approve 3 persons as | ||||||
| 25 | judges of election in each election precinct from a certified | ||||||
| 26 | list, furnished by the chair of the County Central Committee | ||||||
| |||||||
| |||||||
| 1 | of the first leading political party in such precinct; and the | ||||||
| 2 | county board of commissioners shall also select and approve 2 | ||||||
| 3 | persons as judges of election in each election precinct from a | ||||||
| 4 | certified list, furnished by the chair of the County Central | ||||||
| 5 | Committee of the second leading political party. However, if | ||||||
| 6 | only 3 judges of election serve in each election precinct, no | ||||||
| 7 | more than 2 persons of the same political party shall be judges | ||||||
| 8 | of election in the same election precinct; and which political | ||||||
| 9 | party is entitled to 2 judges of election and which political | ||||||
| 10 | party is entitled to one judge of election shall be determined | ||||||
| 11 | in the same manner as set forth in the next two preceding | ||||||
| 12 | sentences with regard to 5 election judges in each precinct. | ||||||
| 13 | Such certified list shall be filed with the county clerk not | ||||||
| 14 | less than 10 days before the annual meeting of the county board | ||||||
| 15 | of commissioners. Such list shall be arranged according to | ||||||
| 16 | precincts. The chair of each county central committee shall, | ||||||
| 17 | insofar as possible, list persons who reside within the | ||||||
| 18 | precinct in which they are to serve as judges. However, he may, | ||||||
| 19 | in his sole discretion, submit the names of persons who reside | ||||||
| 20 | outside the precinct but within the county embracing the | ||||||
| 21 | precinct in which they are to serve. He must, however, submit | ||||||
| 22 | the names of at least 2 residents of the precinct for each | ||||||
| 23 | precinct in which his party is to have 3 judges and must submit | ||||||
| 24 | the name of at least one resident of the precinct for each | ||||||
| 25 | precinct in which his party is to have 2 judges. The county | ||||||
| 26 | board of commissioners shall acknowledge in writing to each | ||||||
| |||||||
| |||||||
| 1 | county chair the names of all persons submitted on such | ||||||
| 2 | certified list and the total number of persons listed thereon. | ||||||
| 3 | If no such list is filed or such list is incomplete (that is, | ||||||
| 4 | no names or an insufficient number of names are furnished for | ||||||
| 5 | certain election precincts), the county board of commissioners | ||||||
| 6 | shall make or complete such list from the names contained in | ||||||
| 7 | the supplemental list provided for in Section 13-1.1. The | ||||||
| 8 | election judges shall hold their office for 2 years from their | ||||||
| 9 | appointment, and until their successors are duly appointed in | ||||||
| 10 | the manner provided in this Act. The county board of | ||||||
| 11 | commissioners shall fill all vacancies in the office of judge | ||||||
| 12 | of election at any time in the manner provided in this Act. | ||||||
| 13 | (Source: P.A. 100-337, eff. 8-25-17; 100-1027, eff. 1-1-19.) | ||||||
| 14 | (10 ILCS 5/13-2) (from Ch. 46, par. 13-2) | ||||||
| 15 | Sec. 13-2. In counties under the township organization the | ||||||
| 16 | county board shall at its meeting in July in each | ||||||
| 17 | even-numbered year except in counties containing a population | ||||||
| 18 | of 3,000,000 inhabitants or over and except when such judges | ||||||
| 19 | are appointed by election commissioners, select in each | ||||||
| 20 | election precinct in the county, 5 capable and discreet | ||||||
| 21 | persons to be judges of election who shall possess the | ||||||
| 22 | qualifications required by this Act for such judges. Where | ||||||
| 23 | neither voting machines nor electronic, mechanical or electric | ||||||
| 24 | voting systems are used, the county board may, for any | ||||||
| 25 | precinct with respect to which the board considers such action | ||||||
| |||||||
| |||||||
| 1 | necessary or desirable in view of the number of voters, and | ||||||
| 2 | shall for general elections for any precinct containing more | ||||||
| 3 | than 600 registered voters, appoint in addition to the 5 | ||||||
| 4 | judges of election a team of 5 tally judges. In such precincts | ||||||
| 5 | the judges of election shall preside over the election during | ||||||
| 6 | the hours the polls are open, and the tally judges, with the | ||||||
| 7 | assistance of the holdover judges designated pursuant to | ||||||
| 8 | Section 13-6.2, shall count the vote after the closing of the | ||||||
| 9 | polls. The tally judges shall possess the same qualifications | ||||||
| 10 | and shall be appointed in the same manner and with the same | ||||||
| 11 | division between political parties as is provided for judges | ||||||
| 12 | of election. | ||||||
| 13 | However, the county board may appoint 3 judges of election | ||||||
| 14 | to serve in lieu of the 5 judges of election otherwise required | ||||||
| 15 | by this Section (1) to serve in any emergency referendum, or in | ||||||
| 16 | any odd-year regular election or in any special primary or | ||||||
| 17 | special election called for the purpose of filling a vacancy | ||||||
| 18 | in the office of representative in the United States Congress | ||||||
| 19 | or to nominate candidates for such purpose or (2) if the county | ||||||
| 20 | board passes an ordinance to reduce the number of judges of | ||||||
| 21 | election to 3 for primary elections. In a county with a | ||||||
| 22 | population of less than 100,000 persons as of the last federal | ||||||
| 23 | decennial census, an election authority may also reduce the | ||||||
| 24 | number of judges of election in each precinct to 3 judges of | ||||||
| 25 | election in lieu of the 5 judges of election otherwise | ||||||
| 26 | required by this Section. | ||||||
| |||||||
| |||||||
| 1 | In addition to such precinct judges, the county board | ||||||
| 2 | shall appoint special panels of 3 judges each, who shall | ||||||
| 3 | possess the same qualifications and shall be appointed in the | ||||||
| 4 | same manner and with the same division between political | ||||||
| 5 | parties as is provided for other judges of election. The | ||||||
| 6 | number of such panels of judges required shall be determined | ||||||
| 7 | by regulations of the State Board of Elections, which shall | ||||||
| 8 | base the required number of special panels on the number of | ||||||
| 9 | registered voters in the jurisdiction or the number of | ||||||
| 10 | absentee ballots voted at recent elections or any combination | ||||||
| 11 | of such factors. | ||||||
| 12 | No more than 3 persons of the same political party shall be | ||||||
| 13 | appointed judges in the same election district or undivided | ||||||
| 14 | precinct. The election of the judges of election in the | ||||||
| 15 | various election precincts shall be made in the following | ||||||
| 16 | manner: The county board shall select and approve 3 of the | ||||||
| 17 | election judges in each precinct from a certified list | ||||||
| 18 | furnished by the chair of the County Central Committee of the | ||||||
| 19 | first leading political party in such election precinct and | ||||||
| 20 | shall also select and approve 2 judges of election in each | ||||||
| 21 | election precinct from a certified list furnished by the chair | ||||||
| 22 | of the County Central Committee of the second leading | ||||||
| 23 | political party in such election precinct. However, if only 3 | ||||||
| 24 | judges of election serve in each election precinct, no more | ||||||
| 25 | than 2 persons of the same political party shall be judges of | ||||||
| 26 | election in the same election precinct; and which political | ||||||
| |||||||
| |||||||
| 1 | party is entitled to 2 judges of election and which political | ||||||
| 2 | party is entitled to one judge of election shall be determined | ||||||
| 3 | in the same manner as set forth in the next two preceding | ||||||
| 4 | sentences with regard to 5 election judges in each precinct. | ||||||
| 5 | The respective County Central Committee chair shall notify the | ||||||
| 6 | county board by June 1 of each odd-numbered year immediately | ||||||
| 7 | preceding the annual meeting of the county board whether or | ||||||
| 8 | not such certified list will be filed by such chair. Such list | ||||||
| 9 | shall be arranged according to precincts. The chair of each | ||||||
| 10 | county central committee shall, insofar as possible, list | ||||||
| 11 | persons who reside within the precinct in which they are to | ||||||
| 12 | serve as judges. However, he may, in his sole discretion, | ||||||
| 13 | submit the names of persons who reside outside the precinct | ||||||
| 14 | but within the county embracing the precinct in which they are | ||||||
| 15 | to serve. He must, however, submit the names of at least 2 | ||||||
| 16 | residents of the precinct for each precinct in which his party | ||||||
| 17 | is to have 3 judges and must submit the name of at least one | ||||||
| 18 | resident of the precinct for each precinct in which his party | ||||||
| 19 | is to have 2 judges. Such certified list, if filed, shall be | ||||||
| 20 | filed with the county clerk not less than 20 days before the | ||||||
| 21 | annual meeting of the county board. The county board shall | ||||||
| 22 | acknowledge in writing to each county chair the names of all | ||||||
| 23 | persons submitted on such certified list and the total number | ||||||
| 24 | of persons listed thereon. If no such list is filed or the list | ||||||
| 25 | is incomplete (that is, no names or an insufficient number of | ||||||
| 26 | names are furnished for certain election precincts), the | ||||||
| |||||||
| |||||||
| 1 | county board shall make or complete such list from the names | ||||||
| 2 | contained in the supplemental list provided for in Section | ||||||
| 3 | 13-1.1. Provided, further, that in any case where a township | ||||||
| 4 | has been or shall be redistricted, in whole or in part, | ||||||
| 5 | subsequent to one general election for Governor, and prior to | ||||||
| 6 | the next, the judges of election to be selected for all new or | ||||||
| 7 | altered precincts shall be selected in that one of the methods | ||||||
| 8 | above detailed, which shall be applicable according to the | ||||||
| 9 | facts and circumstances of the particular case, but the | ||||||
| 10 | majority of such judges for each such precinct shall be | ||||||
| 11 | selected from the first leading political party, and the | ||||||
| 12 | minority judges from the second leading political party. | ||||||
| 13 | Provided, further, that in counties having a population of | ||||||
| 14 | 3,000,000 inhabitants or over the selection of judges of | ||||||
| 15 | election shall be made in the same manner in all respects as in | ||||||
| 16 | other counties, except that the provisions relating to tally | ||||||
| 17 | judges are inapplicable to such counties and except that the | ||||||
| 18 | county board shall meet during the month of January for the | ||||||
| 19 | purpose of making such selection, each township | ||||||
| 20 | committeeperson shall assume the responsibilities given to the | ||||||
| 21 | chair of the county central committee in this Section for the | ||||||
| 22 | precincts within his or her township, and the township | ||||||
| 23 | committeeperson shall notify the county board by the preceding | ||||||
| 24 | October 1 whether or not the certified list will be filed. Such | ||||||
| 25 | judges of election shall hold their office for 2 years from | ||||||
| 26 | their appointment and until their successors are duly | ||||||
| |||||||
| |||||||
| 1 | appointed in the manner provided in this Act. The county board | ||||||
| 2 | shall fill all vacancies in the office of judges of elections | ||||||
| 3 | at any time in the manner herein provided. | ||||||
| 4 | Such selections under this Section shall be confirmed by | ||||||
| 5 | the circuit court as provided in Section 13-3 of this Article. | ||||||
| 6 | (Source: P.A. 100-337, eff. 8-25-17; 100-1027, eff. 1-1-19.) | ||||||
| 7 | (10 ILCS 5/19-2) (from Ch. 46, par. 19-2) | ||||||
| 8 | Sec. 19-2. Except as otherwise provided in this Code, any | ||||||
| 9 | elector as defined in Section 19-1 may by mail or | ||||||
| 10 | electronically on the website of the appropriate election | ||||||
| 11 | authority, not more than 90 nor less than 5 days prior to the | ||||||
| 12 | date of such election, or by personal delivery not more than 90 | ||||||
| 13 | nor less than one day prior to the date of such election, make | ||||||
| 14 | application to the county clerk or to the Board of Election | ||||||
| 15 | Commissioners for an official ballot for the voter's precinct | ||||||
| 16 | to be voted at such election. Such a ballot shall be delivered | ||||||
| 17 | to the elector only upon separate application by the elector | ||||||
| 18 | for each election. Voters who make an application for | ||||||
| 19 | permanent vote by mail ballot status shall follow the | ||||||
| 20 | procedures specified in Section 19-3 and may apply year round. | ||||||
| 21 | A voter Voters whose application for permanent vote by mail | ||||||
| 22 | status is accepted by the election authority shall remain on | ||||||
| 23 | the permanent vote by mail list until the voter requests to be | ||||||
| 24 | removed from permanent vote by mail status, the voter provides | ||||||
| 25 | notice to the election authority of a change in registration | ||||||
| |||||||
| |||||||
| 1 | that affects the voter's their registration status, or the | ||||||
| 2 | election authority receives confirmation that the voter has | ||||||
| 3 | subsequently registered to vote in another election authority | ||||||
| 4 | jurisdiction. Each election authority shall establish a | ||||||
| 5 | website for eligible voters to request a vote by mail ballot by | ||||||
| 6 | electronic form and the The URL address at which voters may | ||||||
| 7 | electronically request a vote by mail ballot shall be fixed no | ||||||
| 8 | later than 90 calendar days before an election and shall not be | ||||||
| 9 | changed until after the election. | ||||||
| 10 | (Source: P.A. 102-15, eff. 6-17-21; 102-668, eff. 11-15-21; | ||||||
| 11 | 102-687, eff. 12-17-21; 102-813, eff. 5-13-22; revised | ||||||
| 12 | 6-24-25.) | ||||||
| 13 | Article 55. | ||||||
| 14 | Section 55-5. The Metropolitan Water Reclamation District | ||||||
| 15 | Act is amended by changing Section 4 as follows: | ||||||
| 16 | (70 ILCS 2605/4) (from Ch. 42, par. 323) | ||||||
| 17 | (Text of Section before amendment by P.A. 104-205) | ||||||
| 18 | Sec. 4. The commissioners elected under this Act | ||||||
| 19 | constitute a board of commissioners for the district by which | ||||||
| 20 | they are elected, which board of commissioners is the | ||||||
| 21 | corporate authority of the sanitary district, and, in addition | ||||||
| 22 | to all other powers specified in this Act, shall establish the | ||||||
| 23 | policies and goals of the sanitary district. The executive | ||||||
| |||||||
| |||||||
| 1 | director, in addition to all other powers specified in this | ||||||
| 2 | Act, shall manage and control all the affairs and property of | ||||||
| 3 | the sanitary district and shall regularly report to the Board | ||||||
| 4 | of Commissioners on the activities of the sanitary district in | ||||||
| 5 | executing the policies and goals established by the board. At | ||||||
| 6 | the regularly scheduled meeting of odd numbered years | ||||||
| 7 | following the induction of new commissioners the board of | ||||||
| 8 | commissioners shall elect from its own number a president and | ||||||
| 9 | a vice-president to serve in the absence of the president, and | ||||||
| 10 | the chairman of the committee on finance. The board shall | ||||||
| 11 | provide by rule when a vacancy occurs in the office of the | ||||||
| 12 | president, vice-president, or the chairman of the committee on | ||||||
| 13 | finance and the manner of filling such vacancy. | ||||||
| 14 | The board shall appoint from outside its own number the | ||||||
| 15 | executive director and treasurer for the district. | ||||||
| 16 | The executive director must be a resident of the sanitary | ||||||
| 17 | district and a citizen of the United States. He must be | ||||||
| 18 | selected solely upon his administrative and technical | ||||||
| 19 | qualifications and without regard to his political | ||||||
| 20 | affiliations. | ||||||
| 21 | In the event of illness or other prolonged absence, death | ||||||
| 22 | or resignation creating a vacancy in the office of the | ||||||
| 23 | executive director, or treasurer, the board of commissioners | ||||||
| 24 | may appoint an acting officer from outside its own number, to | ||||||
| 25 | perform the duties and responsibilities of the office during | ||||||
| 26 | the term of the absence or vacancy. | ||||||
| |||||||
| |||||||
| 1 | The executive director, with the advice and consent of the | ||||||
| 2 | board of commissioners, shall appoint the director of | ||||||
| 3 | engineering, director of maintenance and operations, director | ||||||
| 4 | of human resources, director of procurement and materials | ||||||
| 5 | management, clerk, general counsel, director of monitoring and | ||||||
| 6 | research, and director of information technology. These | ||||||
| 7 | constitute the heads of the Department of Engineering, | ||||||
| 8 | Maintenance and Operations, Human Resources, Procurement and | ||||||
| 9 | Materials Management, Finance, Law, Monitoring and Research, | ||||||
| 10 | and Information Technology, respectively. No other departments | ||||||
| 11 | or heads of departments may be created without subsequent | ||||||
| 12 | amendment to this Act. All such department heads are under the | ||||||
| 13 | direct supervision of the executive director. | ||||||
| 14 | The executive director, with the advice and consent of the | ||||||
| 15 | board of commissioners, shall appoint a public and | ||||||
| 16 | intergovernmental affairs officer and an administrative | ||||||
| 17 | services officer. The public and intergovernmental affairs | ||||||
| 18 | officer and administrative services officer shall serve under | ||||||
| 19 | the direct supervision of the executive director. | ||||||
| 20 | The director of human resources must be qualified under | ||||||
| 21 | Section 4.2a of this Act. | ||||||
| 22 | The director of procurement and materials management must | ||||||
| 23 | be selected in accordance with Section 11.16 of this Act. | ||||||
| 24 | In the event of illness or other prolonged absence, death | ||||||
| 25 | or resignation creating a vacancy in the office of director of | ||||||
| 26 | engineering, director of maintenance and operations, director | ||||||
| |||||||
| |||||||
| 1 | of human resources, director of procurement and materials | ||||||
| 2 | management, clerk, general counsel, director of monitoring and | ||||||
| 3 | research, public and intergovernmental affairs officer, | ||||||
| 4 | administrative services officer, or director of information | ||||||
| 5 | technology, the executive director shall appoint an acting | ||||||
| 6 | officer to perform the duties and responsibilities of the | ||||||
| 7 | office during the term of the absence or vacancy. Any such | ||||||
| 8 | officers appointed in an acting capacity are under the direct | ||||||
| 9 | supervision of the executive director. | ||||||
| 10 | All appointive officers and acting officers shall give | ||||||
| 11 | bond as may be required by the board. | ||||||
| 12 | The executive director, treasurer, acting executive | ||||||
| 13 | director, and acting treasurer hold their offices at the | ||||||
| 14 | pleasure of the board of commissioners. | ||||||
| 15 | The acting director of engineering, acting director of | ||||||
| 16 | maintenance and operations, acting director of human | ||||||
| 17 | resources, acting director of procurement and materials | ||||||
| 18 | management, acting clerk, acting general counsel, acting | ||||||
| 19 | director of monitoring and research, acting public and | ||||||
| 20 | intergovernmental affairs officer, acting administrative | ||||||
| 21 | services officer, and acting director of information | ||||||
| 22 | technology hold their offices at the pleasure of the executive | ||||||
| 23 | director. | ||||||
| 24 | The director of engineering, director of maintenance and | ||||||
| 25 | operations, director of human resources, director of | ||||||
| 26 | procurement and materials management, clerk, general counsel, | ||||||
| |||||||
| |||||||
| 1 | director of monitoring and research, public and | ||||||
| 2 | intergovernmental affairs officer, administrative services | ||||||
| 3 | officer, and director of information technology may be removed | ||||||
| 4 | from office for cause by the executive director. Prior to | ||||||
| 5 | removal, such officers are entitled to a public hearing before | ||||||
| 6 | the executive director at which hearing they may be | ||||||
| 7 | represented by counsel. Before the hearing, the executive | ||||||
| 8 | director shall notify the board of commissioners of the date, | ||||||
| 9 | time, place and nature of the hearing. | ||||||
| 10 | In addition to the general counsel appointed by the | ||||||
| 11 | executive director, the board of commissioners may appoint | ||||||
| 12 | from outside its own number an attorney, or retain counsel, to | ||||||
| 13 | advise the board of commissioners with respect to its powers | ||||||
| 14 | and duties and with respect to legal questions and matters of | ||||||
| 15 | policy for which the board of commissioners is responsible. | ||||||
| 16 | The executive director is the chief administrative officer | ||||||
| 17 | of the district, has supervision over and is responsible for | ||||||
| 18 | all administrative and operational matters of the sanitary | ||||||
| 19 | district including the duties of all employees which are not | ||||||
| 20 | otherwise designated by law, and is the appointing authority | ||||||
| 21 | as specified in Section 4.11 of this Act. | ||||||
| 22 | The board of commissioners shall appoint from outside its | ||||||
| 23 | own number an Inspector General or enter into an | ||||||
| 24 | intergovernmental agreement with another unit of local | ||||||
| 25 | government for the appointment of an Inspector General. The | ||||||
| 26 | board of commissioners shall establish minimum qualifications | ||||||
| |||||||
| |||||||
| 1 | and duties for the Inspector General by ordinance or | ||||||
| 2 | intergovernmental agreement. | ||||||
| 3 | The board, through the budget process, shall set the | ||||||
| 4 | compensation of all the officers and employees of the sanitary | ||||||
| 5 | district. Any incumbent of the office of president may appoint | ||||||
| 6 | an administrative aide which appointment remains in force | ||||||
| 7 | during his incumbency unless revoked by the president. | ||||||
| 8 | Effective upon the election in January, 1985 of the | ||||||
| 9 | president and vice-president of the board of commissioners and | ||||||
| 10 | the chairman of the committee on finance, the annual salary of | ||||||
| 11 | the president shall be $37,500 and shall be increased to | ||||||
| 12 | $39,500 in January, 1987, $41,500 in January, 1989, $50,000 in | ||||||
| 13 | January, 1991, and $60,000 in January, 2001; the annual salary | ||||||
| 14 | of the vice-president shall be $35,000 and shall be increased | ||||||
| 15 | to $37,000 in January, 1987, $39,000 in January, 1989, $45,000 | ||||||
| 16 | in January, 1991, and $55,000 in January, 2001; the annual | ||||||
| 17 | salary of the chairman of the committee on finance shall be | ||||||
| 18 | $32,500 and shall be increased to $34,500 in January, 1987, | ||||||
| 19 | $36,500 in January, 1989, $45,000 in January, 1991, and | ||||||
| 20 | $55,000 in January, 2001. | ||||||
| 21 | The annual salaries of the other members of the Board | ||||||
| 22 | shall be as follows: | ||||||
| 23 | For the three members elected in November, 1980, | ||||||
| 24 | $26,500 per annum for the first two years of the term; | ||||||
| 25 | $28,000 per annum for the next two years of the term and | ||||||
| 26 | $30,000 per annum for the last two years. | ||||||
| |||||||
| |||||||
| 1 | For the three members elected in November, 1982, | ||||||
| 2 | $28,000 per annum for the first two years of the term and | ||||||
| 3 | $30,000 per annum thereafter. | ||||||
| 4 | For members elected in November, 1984, $30,000 per | ||||||
| 5 | annum. | ||||||
| 6 | For the three members elected in November, 1986, | ||||||
| 7 | $32,000 for each of the first two years of the term, | ||||||
| 8 | $34,000 for each of the next two years and $36,000 for the | ||||||
| 9 | last two years; | ||||||
| 10 | For three members elected in November, 1988, $34,000 | ||||||
| 11 | for each of the first two years of the term and $36,000 for | ||||||
| 12 | each year thereafter. | ||||||
| 13 | For members elected in November, 1990, 1992, 1994, | ||||||
| 14 | 1996, or 1998, $40,000. | ||||||
| 15 | For members elected in November, 2000 and thereafter, | ||||||
| 16 | $50,000. | ||||||
| 17 | Notwithstanding the other provisions of this Section, the | ||||||
| 18 | board, prior to January 1, 2007 and with a two-thirds vote, may | ||||||
| 19 | increase the annual rate of compensation at a separate flat | ||||||
| 20 | amount for each of the following: the president, the | ||||||
| 21 | vice-president, the chairman of the committee on finance, and | ||||||
| 22 | the other members; the increased annual rate of compensation | ||||||
| 23 | shall apply to all such officers and members whose terms as | ||||||
| 24 | members of the board commence after the increase in | ||||||
| 25 | compensation is adopted by the board. | ||||||
| 26 | Notwithstanding any other provision of this Section, the | ||||||
| |||||||
| |||||||
| 1 | board, prior to May 1, 2026 and with a two-thirds vote, may | ||||||
| 2 | increase the annual rate of compensation at a separate flat | ||||||
| 3 | amount for each of the following: the president, the | ||||||
| 4 | vice-president, the chairman of the committee on finance, and | ||||||
| 5 | the other members; the increased annual rate of compensation | ||||||
| 6 | shall apply to all such officers and members whose terms as | ||||||
| 7 | officers or members of the board commence after the increase | ||||||
| 8 | in compensation is adopted by the board. | ||||||
| 9 | After 2030, the annual rate of compensation shall equal | ||||||
| 10 | the previous year increased by a percentage equal to the | ||||||
| 11 | percentage increase, if any, in the Consumer Price Index for | ||||||
| 12 | All Urban Consumers for all items published by the United | ||||||
| 13 | States Department of Labor for the previous year. The | ||||||
| 14 | increased annual rate of compensation that begins after 2030 | ||||||
| 15 | shall apply to all officers and members whose terms as | ||||||
| 16 | officers or members of the board commence after the increase. | ||||||
| 17 | The board of commissioners has full power to pass all | ||||||
| 18 | necessary ordinances, orders, rules, resolutions and | ||||||
| 19 | regulations for the proper management and conduct of the | ||||||
| 20 | business of the board of commissioners and the corporation and | ||||||
| 21 | for carrying into effect the object for which the sanitary | ||||||
| 22 | district is formed. All ordinances, orders, rules, resolutions | ||||||
| 23 | and regulations passed by the board of commissioners must, | ||||||
| 24 | before they take effect, be approved by the president of the | ||||||
| 25 | board of commissioners. If he approves thereof, he shall sign | ||||||
| 26 | them, and such as he does not approve he shall return to the | ||||||
| |||||||
| |||||||
| 1 | board of commissioners with his objections in writing at the | ||||||
| 2 | next regular meeting of the board of commissioners occurring | ||||||
| 3 | after the passage thereof. Such veto may extend to any one or | ||||||
| 4 | more items or appropriations contained in any ordinance making | ||||||
| 5 | an appropriation, or to the entire ordinance. If the veto | ||||||
| 6 | extends to a part of such ordinance, the residue takes effect. | ||||||
| 7 | If the president of such board of commissioners fails to | ||||||
| 8 | return any ordinance, order, rule, resolution or regulation | ||||||
| 9 | with his objections thereto in the time required, he is deemed | ||||||
| 10 | to have approved it, and it takes effect accordingly. Upon the | ||||||
| 11 | return of any ordinance, order, rule, resolution, or | ||||||
| 12 | regulation by the president, the vote by which it was passed | ||||||
| 13 | must be reconsidered by the board of commissioners, and if | ||||||
| 14 | upon such reconsideration two-thirds of all the members agree | ||||||
| 15 | by yeas and nays to pass it, it takes effect notwithstanding | ||||||
| 16 | the president's refusal to approve thereof. | ||||||
| 17 | It is the policy of this State that all powers granted, | ||||||
| 18 | either expressly or by necessary implication, by this Act or | ||||||
| 19 | any other Illinois statute to the District may be exercised by | ||||||
| 20 | the District notwithstanding effects on competition. It is the | ||||||
| 21 | intention of the General Assembly that the "State action | ||||||
| 22 | exemption" to the application of federal antitrust statutes be | ||||||
| 23 | fully available to the District to the extent its activities | ||||||
| 24 | are authorized by law as stated herein. | ||||||
| 25 | (Source: P.A. 102-808, eff. 5-13-22.) | ||||||
| |||||||
| |||||||
| 1 | (Text of Section after amendment by P.A. 104-205) | ||||||
| 2 | Sec. 4. The commissioners elected under this Act | ||||||
| 3 | constitute a board of commissioners for the district by which | ||||||
| 4 | they are elected, which board of commissioners is the | ||||||
| 5 | corporate authority of the sanitary district, and, in addition | ||||||
| 6 | to all other powers specified in this Act, shall establish the | ||||||
| 7 | policies and goals of the sanitary district. The executive | ||||||
| 8 | director, in addition to all other powers specified in this | ||||||
| 9 | Act, shall manage and control all the affairs and property of | ||||||
| 10 | the sanitary district and shall regularly report to the Board | ||||||
| 11 | of Commissioners on the activities of the sanitary district in | ||||||
| 12 | executing the policies and goals established by the board. At | ||||||
| 13 | the regularly scheduled meeting of odd numbered years | ||||||
| 14 | following the induction of new commissioners the board of | ||||||
| 15 | commissioners shall elect from its own number a president and | ||||||
| 16 | a vice-president to serve in the absence of the president, and | ||||||
| 17 | the chairman of the committee on finance. The board shall | ||||||
| 18 | provide by rule when a vacancy occurs in the office of the | ||||||
| 19 | president, vice-president, or the chairman of the committee on | ||||||
| 20 | finance and the manner of filling such vacancy. | ||||||
| 21 | The board shall appoint from outside its own number the | ||||||
| 22 | executive director and treasurer for the district. | ||||||
| 23 | The executive director must be a resident of the sanitary | ||||||
| 24 | district and a citizen of the United States. He must be | ||||||
| 25 | selected solely upon his administrative and technical | ||||||
| 26 | qualifications and without regard to his political | ||||||
| |||||||
| |||||||
| 1 | affiliations. | ||||||
| 2 | In the event of illness or other prolonged absence, death | ||||||
| 3 | or resignation creating a vacancy in the office of the | ||||||
| 4 | executive director, or treasurer, the board of commissioners | ||||||
| 5 | may appoint an acting officer from outside its own number, to | ||||||
| 6 | perform the duties and responsibilities of the office during | ||||||
| 7 | the term of the absence or vacancy. | ||||||
| 8 | The executive director, with the advice and consent of the | ||||||
| 9 | board of commissioners, shall appoint the director of | ||||||
| 10 | engineering, director of maintenance and operations, director | ||||||
| 11 | of human resources, director of procurement and materials | ||||||
| 12 | management, clerk, general counsel, director of monitoring and | ||||||
| 13 | research, and director of information technology. These | ||||||
| 14 | constitute the heads of the Department of Engineering, | ||||||
| 15 | Maintenance and Operations, Human Resources, Procurement and | ||||||
| 16 | Materials Management, Finance, Law, Monitoring and Research, | ||||||
| 17 | and Information Technology, respectively. No other departments | ||||||
| 18 | or heads of departments may be created without subsequent | ||||||
| 19 | amendment to this Act. All such department heads are under the | ||||||
| 20 | direct supervision of the executive director. | ||||||
| 21 | The executive director, with the advice and consent of the | ||||||
| 22 | board of commissioners, may appoint a deputy executive | ||||||
| 23 | director. The deputy executive director must be selected | ||||||
| 24 | solely upon administrative and technical qualifications and | ||||||
| 25 | without regard to political affiliations and shall serve under | ||||||
| 26 | the direct supervision of the executive director. | ||||||
| |||||||
| |||||||
| 1 | The executive director, with the advice and consent of the | ||||||
| 2 | board of commissioners, shall appoint a public and | ||||||
| 3 | intergovernmental affairs officer and an administrative | ||||||
| 4 | services officer. The public and intergovernmental affairs | ||||||
| 5 | officer and administrative services officer shall serve under | ||||||
| 6 | the direct supervision of the executive director. | ||||||
| 7 | The director of human resources must be qualified under | ||||||
| 8 | Section 4.2a of this Act. | ||||||
| 9 | The director of procurement and materials management must | ||||||
| 10 | be selected in accordance with Section 11.16 of this Act. | ||||||
| 11 | In the event of illness or other prolonged absence, death, | ||||||
| 12 | or resignation creating a vacancy in the office of director of | ||||||
| 13 | engineering, director of maintenance and operations, director | ||||||
| 14 | of human resources, director of procurement and materials | ||||||
| 15 | management, clerk, general counsel, director of monitoring and | ||||||
| 16 | research, public and intergovernmental affairs officer, | ||||||
| 17 | administrative services officer, or director of information | ||||||
| 18 | technology, the executive director shall appoint an acting | ||||||
| 19 | officer to perform the duties and responsibilities of the | ||||||
| 20 | office during the term of the absence or vacancy. Any such | ||||||
| 21 | officers appointed in an acting capacity are under the direct | ||||||
| 22 | supervision of the executive director. | ||||||
| 23 | All appointive officers and acting officers shall give | ||||||
| 24 | bond as may be required by the board. | ||||||
| 25 | The executive director, treasurer, acting executive | ||||||
| 26 | director, and acting treasurer hold their offices at the | ||||||
| |||||||
| |||||||
| 1 | pleasure of the board of commissioners. | ||||||
| 2 | The acting director of engineering, acting director of | ||||||
| 3 | maintenance and operations, acting director of human | ||||||
| 4 | resources, acting director of procurement and materials | ||||||
| 5 | management, acting clerk, acting general counsel, acting | ||||||
| 6 | director of monitoring and research, acting public and | ||||||
| 7 | intergovernmental affairs officer, acting administrative | ||||||
| 8 | services officer, acting director of information technology, | ||||||
| 9 | and deputy executive director hold their offices at the | ||||||
| 10 | pleasure of the executive director. | ||||||
| 11 | The director of engineering, director of maintenance and | ||||||
| 12 | operations, director of human resources, director of | ||||||
| 13 | procurement and materials management, clerk, general counsel, | ||||||
| 14 | director of monitoring and research, public and | ||||||
| 15 | intergovernmental affairs officer, administrative services | ||||||
| 16 | officer, and director of information technology may be removed | ||||||
| 17 | from office for cause by the executive director. Prior to | ||||||
| 18 | removal, such officers are entitled to a public hearing before | ||||||
| 19 | the executive director at which hearing they may be | ||||||
| 20 | represented by counsel. Before the hearing, the executive | ||||||
| 21 | director shall notify the board of commissioners of the date, | ||||||
| 22 | time, place and nature of the hearing. | ||||||
| 23 | In addition to the general counsel appointed by the | ||||||
| 24 | executive director, the board of commissioners may appoint | ||||||
| 25 | from outside its own number an attorney, or retain counsel, to | ||||||
| 26 | advise the board of commissioners with respect to its powers | ||||||
| |||||||
| |||||||
| 1 | and duties and with respect to legal questions and matters of | ||||||
| 2 | policy for which the board of commissioners is responsible. | ||||||
| 3 | The executive director is the chief administrative officer | ||||||
| 4 | of the district, has supervision over and is responsible for | ||||||
| 5 | all administrative and operational matters of the sanitary | ||||||
| 6 | district including the duties of all employees which are not | ||||||
| 7 | otherwise designated by law, and is the appointing authority | ||||||
| 8 | as specified in Section 4.11 of this Act. | ||||||
| 9 | The board of commissioners shall appoint from outside its | ||||||
| 10 | own number an Inspector General or enter into an | ||||||
| 11 | intergovernmental agreement with another unit of local | ||||||
| 12 | government for the appointment of an Inspector General. The | ||||||
| 13 | board of commissioners shall establish minimum qualifications | ||||||
| 14 | and duties for the Inspector General by ordinance or | ||||||
| 15 | intergovernmental agreement. | ||||||
| 16 | The board, through the budget process, shall set the | ||||||
| 17 | compensation of all the officers and employees of the sanitary | ||||||
| 18 | district. Any incumbent of the office of president may appoint | ||||||
| 19 | an administrative aide which appointment remains in force | ||||||
| 20 | during his incumbency unless revoked by the president. | ||||||
| 21 | Effective upon the election in January, 1985 of the | ||||||
| 22 | president and vice-president of the board of commissioners and | ||||||
| 23 | the chairman of the committee on finance, the annual salary of | ||||||
| 24 | the president shall be $37,500 and shall be increased to | ||||||
| 25 | $39,500 in January, 1987, $41,500 in January, 1989, $50,000 in | ||||||
| 26 | January, 1991, and $60,000 in January, 2001; the annual salary | ||||||
| |||||||
| |||||||
| 1 | of the vice-president shall be $35,000 and shall be increased | ||||||
| 2 | to $37,000 in January, 1987, $39,000 in January, 1989, $45,000 | ||||||
| 3 | in January, 1991, and $55,000 in January, 2001; the annual | ||||||
| 4 | salary of the chairman of the committee on finance shall be | ||||||
| 5 | $32,500 and shall be increased to $34,500 in January, 1987, | ||||||
| 6 | $36,500 in January, 1989, $45,000 in January, 1991, and | ||||||
| 7 | $55,000 in January, 2001. | ||||||
| 8 | The annual salaries of the other members of the Board | ||||||
| 9 | shall be as follows: | ||||||
| 10 | For the three members elected in November, 1980, | ||||||
| 11 | $26,500 per annum for the first two years of the term; | ||||||
| 12 | $28,000 per annum for the next two years of the term and | ||||||
| 13 | $30,000 per annum for the last two years. | ||||||
| 14 | For the three members elected in November, 1982, | ||||||
| 15 | $28,000 per annum for the first two years of the term and | ||||||
| 16 | $30,000 per annum thereafter. | ||||||
| 17 | For members elected in November, 1984, $30,000 per | ||||||
| 18 | annum. | ||||||
| 19 | For the three members elected in November, 1986, | ||||||
| 20 | $32,000 for each of the first two years of the term, | ||||||
| 21 | $34,000 for each of the next two years and $36,000 for the | ||||||
| 22 | last two years; | ||||||
| 23 | For three members elected in November, 1988, $34,000 | ||||||
| 24 | for each of the first two years of the term and $36,000 for | ||||||
| 25 | each year thereafter. | ||||||
| 26 | For members elected in November, 1990, 1992, 1994, | ||||||
| |||||||
| |||||||
| 1 | 1996, or 1998, $40,000. | ||||||
| 2 | For members elected in November, 2000 and thereafter, | ||||||
| 3 | $50,000. | ||||||
| 4 | Notwithstanding the other provisions of this Section, the | ||||||
| 5 | board, prior to January 1, 2007 and with a two-thirds vote, may | ||||||
| 6 | increase the annual rate of compensation at a separate flat | ||||||
| 7 | amount for each of the following: the president, the | ||||||
| 8 | vice-president, the chairman of the committee on finance, and | ||||||
| 9 | the other members; the increased annual rate of compensation | ||||||
| 10 | shall apply to all such officers and members whose terms as | ||||||
| 11 | members of the board commence after the increase in | ||||||
| 12 | compensation is adopted by the board. | ||||||
| 13 | Notwithstanding any other provision of this Section, the | ||||||
| 14 | board, prior to May 1, 2026 and with a two-thirds vote, may | ||||||
| 15 | increase the annual rate of compensation at a separate flat | ||||||
| 16 | amount for each of the following: the president, the | ||||||
| 17 | vice-president, the chairman of the committee on finance, and | ||||||
| 18 | the other members; the increased annual rate of compensation | ||||||
| 19 | shall apply to all such officers and members whose terms as | ||||||
| 20 | officers or members of the board commence after the increase | ||||||
| 21 | in compensation is adopted by the board. | ||||||
| 22 | After 2030, the annual rate of compensation shall equal | ||||||
| 23 | the previous year increased by a percentage equal to the | ||||||
| 24 | percentage increase, if any, in the Consumer Price Index for | ||||||
| 25 | All Urban Consumers for all items published by the United | ||||||
| 26 | States Department of Labor for the previous year. The | ||||||
| |||||||
| |||||||
| 1 | increased annual rate of compensation that begins after 2030 | ||||||
| 2 | shall apply to all officers and members whose terms as | ||||||
| 3 | officers or members of the board commence after the increase. | ||||||
| 4 | The board of commissioners has full power to pass all | ||||||
| 5 | necessary ordinances, orders, rules, resolutions and | ||||||
| 6 | regulations for the proper management and conduct of the | ||||||
| 7 | business of the board of commissioners and the corporation and | ||||||
| 8 | for carrying into effect the object for which the sanitary | ||||||
| 9 | district is formed. All ordinances, orders, rules, resolutions | ||||||
| 10 | and regulations passed by the board of commissioners must, | ||||||
| 11 | before they take effect, be approved by the president of the | ||||||
| 12 | board of commissioners. If he approves thereof, he shall sign | ||||||
| 13 | them, and such as he does not approve he shall return to the | ||||||
| 14 | board of commissioners with his objections in writing at the | ||||||
| 15 | next regular meeting of the board of commissioners occurring | ||||||
| 16 | after the passage thereof. Such veto may extend to any one or | ||||||
| 17 | more items or appropriations contained in any ordinance making | ||||||
| 18 | an appropriation, or to the entire ordinance. If the veto | ||||||
| 19 | extends to a part of such ordinance, the residue takes effect. | ||||||
| 20 | If the president of such board of commissioners fails to | ||||||
| 21 | return any ordinance, order, rule, resolution or regulation | ||||||
| 22 | with his objections thereto in the time required, he is deemed | ||||||
| 23 | to have approved it, and it takes effect accordingly. Upon the | ||||||
| 24 | return of any ordinance, order, rule, resolution, or | ||||||
| 25 | regulation by the president, the vote by which it was passed | ||||||
| 26 | must be reconsidered by the board of commissioners, and if | ||||||
| |||||||
| |||||||
| 1 | upon such reconsideration two-thirds of all the members agree | ||||||
| 2 | by yeas and nays to pass it, it takes effect notwithstanding | ||||||
| 3 | the president's refusal to approve thereof. | ||||||
| 4 | It is the policy of this State that all powers granted, | ||||||
| 5 | either expressly or by necessary implication, by this Act or | ||||||
| 6 | any other Illinois statute to the District may be exercised by | ||||||
| 7 | the District notwithstanding effects on competition. It is the | ||||||
| 8 | intention of the General Assembly that the "State action | ||||||
| 9 | exemption" to the application of federal antitrust statutes be | ||||||
| 10 | fully available to the District to the extent its activities | ||||||
| 11 | are authorized by law as stated herein. | ||||||
| 12 | (Source: P.A. 104-205, eff. 1-1-26.) | ||||||
| 13 | Article 60. | ||||||
| 14 | Section 60-5. The Election Code is amended by changing | ||||||
| 15 | Sections 24B-15 and 24C-15 as follows: | ||||||
| 16 | (10 ILCS 5/24B-15) | ||||||
| 17 | Sec. 24B-15. Official return of precinct; check of totals; | ||||||
| 18 | retabulation. The precinct return printed by the automatic | ||||||
| 19 | Precinct Tabulation Optical Scan Technology tabulating | ||||||
| 20 | equipment shall include the number of ballots cast and votes | ||||||
| 21 | cast for each candidate and proposition and shall constitute | ||||||
| 22 | the official return of each precinct. In addition to the | ||||||
| 23 | precinct return, the election authority shall provide the | ||||||
| |||||||
| |||||||
| 1 | number of applications for ballots in each precinct, the | ||||||
| 2 | write-in votes, the total number of ballots counted in each | ||||||
| 3 | precinct for each political subdivision and district and the | ||||||
| 4 | number of registered voters in each precinct. However, the | ||||||
| 5 | election authority shall check the totals shown by the | ||||||
| 6 | precinct return and, if there is an obvious discrepancy | ||||||
| 7 | regarding the total number of votes cast in any precinct, | ||||||
| 8 | shall have the ballots for that precinct retabulated to | ||||||
| 9 | correct the return. The procedures for retabulation shall | ||||||
| 10 | apply prior to and after the proclamation is completed; | ||||||
| 11 | however, after the proclamation of results, the election | ||||||
| 12 | authority must obtain a court order to unseal voted ballots | ||||||
| 13 | except for election contests and discovery recounts. In those | ||||||
| 14 | election jurisdictions that use in-precinct counting | ||||||
| 15 | equipment, the certificate of results, which has been prepared | ||||||
| 16 | by the judges of election after the ballots have been | ||||||
| 17 | tabulated, shall be the document used for the canvass of votes | ||||||
| 18 | for such precinct. Whenever a discrepancy exists during the | ||||||
| 19 | canvass of votes between the unofficial results and the | ||||||
| 20 | certificate of results, or whenever a discrepancy exists | ||||||
| 21 | during the canvass of votes between the certificate of results | ||||||
| 22 | and the set of totals which has been affixed to the certificate | ||||||
| 23 | of results, the ballots for that precinct shall be retabulated | ||||||
| 24 | to correct the return. As an additional part of this check | ||||||
| 25 | prior to the proclamation, in those jurisdictions where | ||||||
| 26 | in-precinct counting equipment is used, the election authority | ||||||
| |||||||
| |||||||
| 1 | shall retabulate the total number of votes cast in 5% of the | ||||||
| 2 | precincts within the election jurisdiction, as well as 5% of | ||||||
| 3 | the voting devices used in early voting and at vote centers. | ||||||
| 4 | The precincts and the voting devices to be retabulated shall | ||||||
| 5 | be selected after election day on a random basis by the State | ||||||
| 6 | Board of Elections, so that every precinct in the election | ||||||
| 7 | jurisdiction and every voting device used in early voting or | ||||||
| 8 | at a vote center has an equal mathematical chance of being | ||||||
| 9 | selected. The State Board of Elections shall design a standard | ||||||
| 10 | and scientific random method of selecting the precincts and | ||||||
| 11 | voting devices which are to be retabulated. The State central | ||||||
| 12 | committee chair of each established political party shall be | ||||||
| 13 | given prior written notice of the time and place of the random | ||||||
| 14 | selection procedure and may be represented at the procedure. | ||||||
| 15 | The retabulation shall consist of counting the ballots which | ||||||
| 16 | were originally counted and shall not involve any | ||||||
| 17 | determination of which ballots were, in fact, properly | ||||||
| 18 | counted. The ballots from the precincts selected for the | ||||||
| 19 | retabulation shall remain at all times under the custody and | ||||||
| 20 | control of the election authority and shall be transported and | ||||||
| 21 | retabulated by the designated staff of the election authority. | ||||||
| 22 | As part of the retabulation, the election authority shall | ||||||
| 23 | test the computer program in the selected precincts and on the | ||||||
| 24 | selected early voting devices. The test shall be conducted by | ||||||
| 25 | processing a preaudited group of ballots marked to record a | ||||||
| 26 | predetermined number of valid votes for each candidate and on | ||||||
| |||||||
| |||||||
| 1 | each public question, and shall include for each office one or | ||||||
| 2 | more ballots which have votes in excess of the number allowed | ||||||
| 3 | by law to test the ability of the equipment and the marking | ||||||
| 4 | device to reject such votes. If any error is detected, the | ||||||
| 5 | cause shall be determined and corrected, and an errorless | ||||||
| 6 | count shall be made prior to the official canvass and | ||||||
| 7 | proclamation of election results. | ||||||
| 8 | The State Board of Elections, the State's Attorney and | ||||||
| 9 | other appropriate law enforcement agencies, the county chair | ||||||
| 10 | of each established political party and qualified civic | ||||||
| 11 | organizations shall be given prior written notice of the time | ||||||
| 12 | and place of the retabulation and may be represented at the | ||||||
| 13 | retabulation. | ||||||
| 14 | The results of this retabulation shall be treated in the | ||||||
| 15 | same manner and have the same effect as the results of the | ||||||
| 16 | discovery procedures set forth in Section 22-9.1 of this Code. | ||||||
| 17 | Upon completion of the retabulation, the election authority | ||||||
| 18 | shall print a comparison of the results of the retabulation | ||||||
| 19 | with the original precinct return printed by the automatic | ||||||
| 20 | tabulating equipment. The comparison shall be done for each | ||||||
| 21 | precinct and for each early voting device selected for testing | ||||||
| 22 | and for each office voted upon within that precinct or on that | ||||||
| 23 | voting device, and the comparisons shall be open to the | ||||||
| 24 | public. Upon completion of the retabulation, the returns shall | ||||||
| 25 | be open to the public. | ||||||
| 26 | (Source: P.A. 100-1027, eff. 1-1-19.) | ||||||
| |||||||
| |||||||
| 1 | (10 ILCS 5/24C-15) | ||||||
| 2 | Sec. 24C-15. Official return of precinct; check of totals; | ||||||
| 3 | audit. The precinct return printed by the Direct Recording | ||||||
| 4 | Electronic Voting System tabulating equipment shall include | ||||||
| 5 | the number of ballots cast and votes cast for each candidate | ||||||
| 6 | and public question and shall constitute the official return | ||||||
| 7 | of each precinct. In addition to the precinct return, the | ||||||
| 8 | election authority shall provide the number of applications | ||||||
| 9 | for ballots in each precinct, the total number of ballots and | ||||||
| 10 | vote by mail ballots counted in each precinct for each | ||||||
| 11 | political subdivision and district and the number of | ||||||
| 12 | registered voters in each precinct. However, the election | ||||||
| 13 | authority shall check the totals shown by the precinct return | ||||||
| 14 | and, if there is an obvious discrepancy regarding the total | ||||||
| 15 | number of votes cast in any precinct, shall have the ballots | ||||||
| 16 | for that precinct audited to correct the return. The | ||||||
| 17 | procedures for this audit shall apply prior to and after the | ||||||
| 18 | proclamation is completed; however, after the proclamation of | ||||||
| 19 | results, the election authority must obtain a court order to | ||||||
| 20 | unseal voted ballots or voting devices except for election | ||||||
| 21 | contests and discovery recounts. The certificate of results, | ||||||
| 22 | which has been prepared and signed by the judges of election | ||||||
| 23 | after the ballots have been tabulated, shall be the document | ||||||
| 24 | used for the canvass of votes for such precinct. Whenever a | ||||||
| 25 | discrepancy exists during the canvass of votes between the | ||||||
| |||||||
| |||||||
| 1 | unofficial results and the certificate of results, or whenever | ||||||
| 2 | a discrepancy exists during the canvass of votes between the | ||||||
| 3 | certificate of results and the set of totals reflected on the | ||||||
| 4 | certificate of results, the ballots for that precinct shall be | ||||||
| 5 | audited to correct the return. | ||||||
| 6 | Prior to the proclamation, the election authority shall | ||||||
| 7 | test the voting devices and equipment in 5% of the precincts | ||||||
| 8 | within the election jurisdiction, as well as 5% of the voting | ||||||
| 9 | devices used in early voting and at vote centers. The | ||||||
| 10 | precincts and the voting devices to be tested shall be | ||||||
| 11 | selected after election day on a random basis by the State | ||||||
| 12 | Board of Elections, so that every precinct and every device | ||||||
| 13 | used in early voting or at a vote center in the election | ||||||
| 14 | jurisdiction has an equal mathematical chance of being | ||||||
| 15 | selected. The State Board of Elections shall design a standard | ||||||
| 16 | and scientific random method of selecting the precincts and | ||||||
| 17 | voting devices that are to be tested. The State central | ||||||
| 18 | committee chair of each established political party shall be | ||||||
| 19 | given prior written notice of the time and place of the random | ||||||
| 20 | selection procedure and may be represented at the procedure. | ||||||
| 21 | The test shall be conducted by counting the votes marked | ||||||
| 22 | on the permanent paper record of each ballot cast in the tested | ||||||
| 23 | precinct printed by the voting system at the time that each | ||||||
| 24 | ballot was cast and comparing the results of this count with | ||||||
| 25 | the results shown by the certificate of results prepared by | ||||||
| 26 | the Direct Recording Electronic Voting System in the test | ||||||
| |||||||
| |||||||
| 1 | precinct. The election authority shall test count these votes | ||||||
| 2 | either by hand or by using an automatic tabulating device | ||||||
| 3 | other than a Direct Recording Electronic voting device that | ||||||
| 4 | has been approved by the State Board of Elections for that | ||||||
| 5 | purpose and tested before use to ensure accuracy. The election | ||||||
| 6 | authority shall print the results of each test count. If any | ||||||
| 7 | error is detected, the cause shall be determined and | ||||||
| 8 | corrected, and an errorless count shall be made prior to the | ||||||
| 9 | official canvass and proclamation of election results. If an | ||||||
| 10 | errorless count cannot be conducted and there continues to be | ||||||
| 11 | difference in vote results between the certificate of results | ||||||
| 12 | produced by the Direct Recording Electronic Voting System and | ||||||
| 13 | the count of the permanent paper records or if an error was | ||||||
| 14 | detected and corrected, the election authority shall | ||||||
| 15 | immediately prepare and forward to the appropriate canvassing | ||||||
| 16 | board a written report explaining the results of the test and | ||||||
| 17 | any errors encountered and the report shall be made available | ||||||
| 18 | for public inspection. | ||||||
| 19 | The State Board of Elections, the State's Attorney and | ||||||
| 20 | other appropriate law enforcement agencies, the county chair | ||||||
| 21 | of each established political party and qualified civic | ||||||
| 22 | organizations shall be given prior written notice of the time | ||||||
| 23 | and place of the test and may be represented at the test. | ||||||
| 24 | The results of this post-election test shall be treated in | ||||||
| 25 | the same manner and have the same effect as the results of the | ||||||
| 26 | discovery procedures set forth in Section 22-9.1 of this Code. | ||||||
| |||||||
| |||||||
| 1 | (Source: P.A. 100-1027, eff. 1-1-19.) | ||||||
| 2 | Article 65. | ||||||
| 3 | Section 65-5. If and only if Senate Bill 243 of the 104th | ||||||
| 4 | General Assembly becomes law, then the Open Meetings Act is | ||||||
| 5 | amended by changing Section 2.07 as follows: | ||||||
| 6 | (5 ILCS 120/2.07) | ||||||
| 7 | Sec. 2.07. Meetings on election days; prohibited. | ||||||
| 8 | (a) A public body, other than a board of election | ||||||
| 9 | commissioners established under Article 6 or 6A of the | ||||||
| 10 | Election Code, may not hold or schedule a regular or special | ||||||
| 11 | meeting on the day of a general primary election, a general | ||||||
| 12 | election, a consolidated primary election, or a consolidated | ||||||
| 13 | election, as defined in the Election Code. | ||||||
| 14 | (b) A home rule unit may not hold or schedule meetings in a | ||||||
| 15 | manner inconsistent with this Act. This Section is a denial | ||||||
| 16 | and limitation of home rule powers and functions in accordance | ||||||
| 17 | with subsection (i) of Section 6 of Article VII of the Illinois | ||||||
| 18 | Constitution. | ||||||
| 19 | (Source: 10400SB0243enr.) | ||||||
| 20 | Article 99. | ||||||
| 21 | Section 99-95. No acceleration or delay. Where this Act | ||||||
| |||||||
| |||||||
| 1 | makes changes in a statute that is represented in this Act by | ||||||
| 2 | text that is not yet or no longer in effect (for example, a | ||||||
| 3 | Section represented by multiple versions), the use of that | ||||||
| 4 | text does not accelerate or delay the taking effect of (i) the | ||||||
| 5 | changes made by this Act or (ii) provisions derived from any | ||||||
| 6 | other Public Act. | ||||||
| 7 | Section 99-99. Effective date. This Act takes effect upon | ||||||
| 8 | becoming law. | ||||||
