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Public Act 100-1027
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HB1010 Enrolled | LRB100 01813 MLM 11818 b |
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AN ACT concerning elections.
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Be it enacted by the People of the State of Illinois, |
represented in the General Assembly:
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Section 5. The Election Code is amended by changing |
Sections 1A-6, 1A-6.1, 1A-7, 2A-1.2, 4-6.2, 4-11, 4-12, 4-22, |
5-14, 5-15, 5-16.2, 5-29, 6-24, 6-44, 6-50.2, 6-60, 6-66, 6-70, |
6A-3, 7-1, 7-2, 7-4, 7-7, 7-8, 7-8.01, 7-8.02, 7-9, 7-9.1, |
7-10, 7-11, 7-12, 7-13, 7-14.1, 7-17, 7-19, 7-25, 7-34, 7-46, |
7-51, 7-53, 7-55, 7-56, 7-58, 7-59, 7-60, 7-60.1, 8-5, 8-6, |
8-7, 9-1.3, 9-1.8, 9-2, 9-8.10, 9-11, 9-15, 9-20, 10-2, 10-6.2, |
10-8, 10-9, 10-10, 11-6, 13-1, 13-1.1, 13-2, 13-3, 13-4, 14-1, |
14-3.1, 14-3.2, 14-5, 17-18.1, 17-22, 17-23, 18-1, 18-14, 21-1, |
22-1, 22-4, 22-8, 22-15, 22-15.1, 24-13, 24A-10, 24A-11, |
24A-15, 24B-10, 24B-11, 24B-15, 24C-13, 24C-15, 25-6, 25-11, |
28-13, 29B-10, 29B-20, 29B-25, and 29B-30 as follows:
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(10 ILCS 5/1A-6) (from Ch. 46, par. 1A-6)
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Sec. 1A-6.
One member of the State Board of Elections shall |
be elected by
the members of the Board to be chair chairman and |
shall serve as chair chairman of
the Board for a term ending |
June 30, 1979. On July 1 of 1979 and on July
1 of each |
odd-numbered year thereafter, a chair chairman shall be elected |
by
the members of the Board for a 2 year term ending June 30 of |
the next
odd-numbered year. If July 1 of any odd-numbered year |
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does not fall on a
business day, said election shall be held on |
the first business day
thereafter. The chair chairman elected |
for each 2 year term shall not be of
the same political party |
affiliation as the prior chair chairman . Whenever a
vacancy |
occurs in the office of chair chairman , a new chair chairman of |
the same political
party affiliation shall be
elected for the |
remainder of the vacating chair's chairman's term. Whenever a |
chair
chairman is elected, the Board shall elect from among its |
members, a
vice chair chairman who shall not be of the same |
political party affiliation
as the chair chairman .
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Upon the confirmation of all of the members of the State |
Board of Elections
initially appointed under the amendatory Act |
of 1978, the Governor shall
designate one of the members as |
interim chair chairman who shall preside over
the Board until a |
chair chairman is elected pursuant to this Section.
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(Source: P.A. 80-1178 .)
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(10 ILCS 5/1A-6.1) (from Ch. 46, par. 1A-6.1)
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Sec. 1A-6.1.
The chair chairman of the State Board of |
Elections shall preside
at all meetings of the Board, except |
that the vice chair chairman shall preside
at any meeting when |
the chair chairman is absent. The salary of the chair chairman
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shall be $25,000 per year, or as set by the Compensation Review |
Board,
whichever is greater, and the salary of the vice-chair |
vice-chairman shall be $20,000
per year, or as set by the |
Compensation Review Board, whichever is
greater. The salary of |
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the other Board members
shall be $15,000 per year, or as set by |
the Compensation Review Board,
whichever is greater. Each |
member shall be reimbursed for actual expenses
incurred in the |
performance of his duties.
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(Source: P.A. 83-1177.)
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(10 ILCS 5/1A-7) (from Ch. 46, par. 1A-7)
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Sec. 1A-7.
The State Board of Elections shall meet at such |
time or times as the chair
chairman or any 4 members shall |
direct, but at least once per month.
Five members of the Board |
are necessary to constitute a quorum and 5 votes
are necessary |
for any action of the Board
to become effective, including the |
appointment of the executive director, the
employment of |
technical consultants and the employment of other persons.
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If a quorum is present at a meeting of the Board, one of |
the members
present may vote for the absent member pursuant to |
a written proxy
signed by the absent member. A member voting by |
proxy who is not in
attendance may not be counted towards the |
presence of a quorum.
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(Source: P.A. 80-1178.)
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(10 ILCS 5/2A-1.2) (from Ch. 46, par. 2A-1.2)
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Sec. 2A-1.2. Consolidated Schedule of Elections - Offices |
Designated.
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(a) At the general election in the appropriate |
even-numbered years, the
following offices shall be filled or |
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shall be on the ballot as otherwise
required by this Code:
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(1) Elector of President and Vice President of the |
United States;
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(2) United States Senator and United States |
Representative;
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(3) State Executive Branch elected officers;
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(4) State Senator and State Representative;
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(5) County elected officers, including State's |
Attorney, County Board
member, County Commissioners, and |
elected President of the County Board or
County Chief |
Executive;
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(6) Circuit Court Clerk;
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(7) Regional Superintendent of Schools, except in |
counties or
educational service regions in which that |
office has been abolished;
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(8) Judges of the Supreme, Appellate and Circuit |
Courts, on the question
of retention, to fill vacancies and |
newly created judicial offices;
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(9) (Blank);
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(10) Trustee of the Metropolitan Sanitary District of |
Chicago, and elected
Trustee of other Sanitary Districts;
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(11) Special District elected officers, not otherwise |
designated in this
Section, where the statute creating or |
authorizing the creation of
the district requires an annual |
election and permits or requires election
of candidates of |
political parties.
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(b) At the general primary election:
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(1) in each even-numbered year candidates of political |
parties shall be
nominated for those offices to be filled |
at the general election in that
year, except where pursuant |
to law nomination of candidates of political
parties is |
made by caucus.
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(2) in the appropriate even-numbered years the |
political party offices of
State central committeeperson |
committeeman , township committeeperson committeeman , ward |
committeeperson committeeman , and
precinct committeeperson |
committeeman shall be filled and delegates and alternate |
delegates
to the National nominating conventions shall be |
elected as may be required
pursuant to this Code. In the |
even-numbered years in which a Presidential
election is to |
be held, candidates in the Presidential preference primary
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shall also be on the ballot.
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(3) in each even-numbered year, where the municipality |
has provided for
annual elections to elect municipal |
officers pursuant to Section 6(f) or
Section 7 of Article |
VII of the Constitution, pursuant to the Illinois
Municipal |
Code or pursuant to the municipal charter, the offices of |
such
municipal officers shall be filled at an election held |
on the date of the
general primary election, provided that |
the municipal election shall be a
nonpartisan election |
where required by the Illinois Municipal Code. For
partisan |
municipal elections in even-numbered years, a primary to |
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nominate
candidates for municipal office to be elected at |
the general primary
election shall be held on the Tuesday 6 |
weeks preceding that election.
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(4) in each school district which has adopted the |
provisions of
Article 33 of the School Code, successors to |
the members of the board
of education whose terms expire in |
the year in which the general primary is
held shall be |
elected.
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(c) At the consolidated election in the appropriate |
odd-numbered years,
the following offices shall be filled:
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(1) Municipal officers, provided that in |
municipalities in which
candidates for alderman or other |
municipal office are not permitted by law
to be candidates |
of political parties, the runoff election where required
by |
law, or the nonpartisan election where required by law, |
shall be held on
the date of the consolidated election; and |
provided further, in the case of
municipal officers |
provided for by an ordinance providing the form of
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government of the municipality pursuant to Section 7 of |
Article VII of the
Constitution, such offices shall be |
filled by election or by runoff
election as may be provided |
by such ordinance;
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(2) Village and incorporated town library directors;
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(3) City boards of stadium commissioners;
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(4) Commissioners of park districts;
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(5) Trustees of public library districts;
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(6) Special District elected officers, not otherwise |
designated in this
section, where the statute creating or |
authorizing the creation of the district
permits or |
requires election of candidates of political parties;
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(7) Township officers, including township park |
commissioners, township
library directors, and boards of |
managers of community buildings, and
Multi-Township |
Assessors;
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(8) Highway commissioners and road district clerks;
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(9) Members of school boards in school districts which |
adopt Article 33
of the School Code;
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(10) The directors and chair chairman of the Chain O |
Lakes - Fox River Waterway
Management Agency;
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(11) Forest preserve district commissioners elected |
under Section 3.5 of
the Downstate Forest Preserve District |
Act;
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(12) Elected members of school boards, school |
trustees, directors of
boards of school directors, |
trustees of county boards of school trustees
(except in |
counties or educational service regions having a |
population
of 2,000,000 or more inhabitants) and members of |
boards of school inspectors,
except school boards in school
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districts that adopt Article 33 of the School Code;
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(13) Members of Community College district boards;
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(14) Trustees of Fire Protection Districts;
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(15) Commissioners of the Springfield Metropolitan |
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Exposition and
Auditorium
Authority;
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(16) Elected Trustees of Tuberculosis Sanitarium |
Districts;
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(17) Elected Officers of special districts not |
otherwise designated in
this Section for which the law |
governing those districts does not permit
candidates of |
political parties.
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(d) At the consolidated primary election in each |
odd-numbered year,
candidates of political parties shall be |
nominated for those offices to be
filled at the consolidated |
election in that year, except where pursuant to
law nomination |
of candidates of political parties is made by caucus, and
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except those offices listed in paragraphs (12) through (17) of |
subsection
(c).
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At the consolidated primary election in the appropriate |
odd-numbered years,
the mayor, clerk, treasurer, and aldermen |
shall be elected in
municipalities in which
candidates for |
mayor, clerk, treasurer, or alderman are not permitted by
law |
to be candidates
of political parties, subject to runoff |
elections to be held at the
consolidated election as may be |
required
by law, and municipal officers shall be nominated in a |
nonpartisan election
in municipalities in which pursuant to law |
candidates for such office are
not permitted to be candidates |
of political parties.
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At the consolidated primary election in the appropriate |
odd-numbered years,
municipal officers shall be nominated or |
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elected, or elected subject to
a runoff, as may be provided by |
an ordinance providing a form of government
of the municipality |
pursuant to Section 7 of Article VII of the Constitution.
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(e) (Blank).
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(f) At any election established in Section 2A-1.1, public |
questions may
be submitted to voters pursuant to this Code and |
any special election
otherwise required or authorized by law or |
by court order may be conducted
pursuant to this Code.
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Notwithstanding the regular dates for election of officers |
established
in this Article, whenever a referendum is held for |
the establishment of
a political subdivision whose officers are |
to be elected, the initial officers
shall be elected at the |
election at which such referendum is held if otherwise
so |
provided by law. In such cases, the election of the initial |
officers
shall be subject to the referendum.
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Notwithstanding the regular dates for election of |
officials established
in this Article, any community college |
district which becomes effective by
operation of law pursuant |
to Section 6-6.1 of the Public Community College
Act, as now or |
hereafter amended, shall elect the initial district board
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members at the next regularly scheduled election following the |
effective
date of the new district.
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(g) At any election established in Section 2A-1.1, if in |
any precinct
there are no offices or public questions required |
to be on the ballot under
this Code then no election shall be |
held in the precinct on that date.
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(h) There may be conducted a
referendum in accordance with |
the provisions of Division 6-4 of the
Counties Code.
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(Source: P.A. 89-5, eff. 1-1-96; 89-95,
eff. 1-1-96; 89-626, |
eff. 8-9-96; 90-358, eff. 1-1-98.)
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(10 ILCS 5/4-6.2) (from Ch. 46, par. 4-6.2)
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Sec. 4-6.2. (a) The county clerk shall appoint all |
municipal and township
or road district clerks or their duly |
authorized deputies as deputy registrars
who may accept the |
registration of all qualified residents of the State.
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The county clerk shall appoint all precinct |
committeepersons in the county
as deputy registrars who may |
accept the registration of any qualified resident
of the State, |
except during the 27 days preceding an election.
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The county clerk shall appoint each of the following named |
persons as deputy
registrars upon the written request of such |
persons:
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1. The chief librarian, or a qualified person |
designated by the chief
librarian, of any public library |
situated within the election jurisdiction,
who may accept |
the registrations of any qualified resident of the State,
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at such library.
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2. The principal, or a qualified person designated by |
the principal, of
any high school, elementary school, or |
vocational school situated
within the election |
jurisdiction, who may accept the registrations of any
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qualified resident of the State, at such school. The county |
clerk shall notify
every principal and vice-principal of |
each high school, elementary school, and
vocational school |
situated within the election jurisdiction of their
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eligibility to serve as deputy registrars and offer |
training courses for
service as deputy registrars at |
conveniently located facilities at least 4
months prior to |
every election.
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3. The president, or a qualified person designated by |
the president, of
any university, college, community |
college, academy or other institution of
learning situated |
within the election jurisdiction, who may accept the
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registrations of any resident of the State, at such |
university, college,
community college, academy or |
institution.
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4. A duly elected or appointed official of a bona fide |
labor organization,
or a reasonable number of qualified |
members designated by such official,
who may accept the |
registrations of any qualified resident of the State.
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5. A duly elected or appointed official of a bonafide |
State civic
organization, as defined and determined by rule |
of the State Board of
Elections, or qualified members |
designated by such official, who may accept
the |
registration of any qualified resident of the State.
In |
determining the number of deputy registrars that shall be |
appointed,
the county clerk shall consider the population |
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of the jurisdiction, the
size of the organization, the |
geographic size of the jurisdiction,
convenience for the |
public, the existing number of deputy registrars in the
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jurisdiction and their location, the registration |
activities of the
organization and the need to appoint |
deputy registrars to assist and
facilitate the |
registration of non-English speaking individuals. In no
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event shall a county clerk fix an arbitrary number |
applicable to every
civic organization requesting |
appointment of its members as deputy
registrars. The State |
Board of Elections shall by rule provide for
certification |
of bonafide State civic organizations. Such appointments
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shall be made for a period not to exceed 2 years, |
terminating on the first
business day of the month |
following the month of the general election, and
shall be |
valid for all periods of voter registration as provided by |
this
Code during the terms of such appointments.
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6.
The Director of Healthcare and Family Services, or a
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reasonable number of employees designated by the Director |
and located at
public aid offices, who may accept the |
registration of any qualified
resident of the county at any |
such public aid office.
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7.
The Director of the Illinois Department of |
Employment Security, or a
reasonable number of employees |
designated by the Director and located at
unemployment |
offices, who may accept the registration of any qualified
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resident of the county at any such unemployment office.
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8. The president of any corporation as defined by the |
Business
Corporation Act of 1983, or a reasonable number of |
employees designated by
such president, who may accept the |
registrations of any qualified resident
of the State.
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If the request to be appointed as deputy registrar is |
denied, the
county clerk shall, within 10 days after the date |
the request is submitted,
provide the affected individual or |
organization with written notice setting
forth the specific |
reasons or criteria relied upon to deny the request to
be |
appointed as deputy registrar.
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The county clerk may appoint as many additional deputy |
registrars as he
considers necessary. The county clerk shall |
appoint such additional deputy
registrars in such manner that |
the convenience of the public is served,
giving due |
consideration to both population concentration and area. Some
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of the additional deputy registrars shall be selected so that |
there are an
equal number from each of the 2 major political |
parties in the election
jurisdiction. The county clerk, in |
appointing an additional deputy
registrar, shall make the |
appointment from a list of applicants submitted
by the Chair |
Chairman of the County Central Committee of the applicant's
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political party. A Chair Chairman of a County Central Committee |
shall submit a
list of applicants to the county clerk by |
November 30 of each year. The
county clerk may require a Chair |
Chairman of a County Central Committee to
furnish a |
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supplemental list of applicants.
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Deputy registrars may accept registrations at any time |
other than the 27
day period preceding an election. All persons |
appointed as deputy
registrars shall be registered voters |
within the county and shall take and
subscribe to the following |
oath or affirmation:
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"I do solemnly swear (or affirm, as the case may be) that I |
will support
the Constitution of the United States, and the |
Constitution of the State
of Illinois, and that I will |
faithfully discharge the duties of the office
of deputy |
registrar to the best of my ability and that I will register no
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person nor cause the registration of any person except upon his |
personal
application before me.
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............................
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(Signature Deputy Registrar)"
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This oath shall be administered by the county clerk, or by |
one of his
deputies, or by any person qualified to take |
acknowledgement of deeds and
shall immediately thereafter be |
filed with the county clerk.
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Appointments of deputy registrars under this Section, |
except precinct committeepersons
committeemen , shall be for |
2-year terms, commencing on December 1 following
the general |
election of each even-numbered year; except that the terms of
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the initial appointments shall be until December 1st following |
the next
general election. Appointments of precinct |
committeepersons committeemen shall be for 2-year
terms |
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commencing on the date of the county convention following the |
general
primary at which they were elected. The county clerk |
shall issue a
certificate of appointment to each deputy |
registrar, and shall maintain in
his office for public |
inspection a list of the names of all appointees.
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(b) The county clerk shall be responsible for training all |
deputy registrars
appointed pursuant to subsection (a), at |
times and locations reasonably
convenient for both the county |
clerk and such appointees. The county clerk
shall be |
responsible for certifying and supervising all deputy |
registrars
appointed pursuant to subsection (a). Deputy |
registrars appointed under
subsection (a) shall be subject to |
removal for cause.
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(c)
Completed registration materials under the control of |
deputy registrars,
appointed pursuant to subsection (a), shall |
be returned to the appointing election
authority by first-class |
mail within 2 business days or personal delivery within 7 days, |
except that completed registration materials
received by the |
deputy registrars during the period between the 35th and
28th |
day preceding an election shall be returned by the deputy
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registrars to
the appointing election authority within 48 hours |
after receipt thereof. The
completed registration materials |
received by the deputy registrars on the
28th day preceding an |
election shall be returned by the deputy
registrars
within 24 |
hours after receipt thereof. Unused materials shall be returned
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by deputy registrars appointed pursuant to paragraph 4 of |
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subsection (a),
not later than the next working day following |
the close of registration.
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(d) The county clerk or board of election commissioners, as |
the case may
be, must provide any additional forms requested by |
any deputy registrar
regardless of the number of unaccounted |
registration forms the deputy registrar
may have in his or her |
possession.
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(e) No deputy registrar shall engage in any electioneering |
or the promotion
of any cause during the performance of his or |
her duties.
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(f) The county clerk shall not be criminally or civilly |
liable for the
acts or omissions of any deputy registrar. Such |
deputy registrars shall
not be deemed to be employees of the |
county clerk.
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(g) Completed registration materials returned by deputy |
registrars for persons residing outside the county shall be |
transmitted by the county clerk within 2 days after receipt to |
the election authority of the person's election jurisdiction of |
residence.
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(Source: P.A. 97-81, eff. 7-5-11.)
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(10 ILCS 5/4-11) (from Ch. 46, par. 4-11)
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Sec. 4-11.
At least 2 weeks prior to the general November |
election in
each even numbered year and the consolidated |
election in
each odd-numbered
year the county clerk shall cause |
a list to be made for each precinct of
all names upon the |
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registration record cards not marked or erased, in
alphabetical
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order, with the address, provided, that such list may be |
arranged
geographically,
by street and number, in numerical |
order, with respect to all precincts
in which all, or |
substantially all residences of voters therein shall be
located |
upon and numbered along streets, avenues, courts, or other |
highways
which are either named or numbered, upon direction |
either of the county
board or of the circuit court. On the |
list, the county clerk shall indicate,
by italics, asterisk, or |
other means, the names of all persons who have
registered since |
the last regularly scheduled election in the consolidated
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schedule of elections established in Section 2A-1.1 of this |
Act. The county
clerk shall cause such precinct lists to be |
printed
or typed in sufficient numbers to meet all reasonable |
demands, and
upon application a copy of the same shall be given |
to any person applying
therefor. By such time, the county clerk |
shall give the precinct lists
to the chair chairman of a county |
central committee of an established political
party, as such |
party is defined in Section 10-2 of this Act, or to the chair's |
chairman's
duly authorized representative. Within 30 days of |
the effective date of
this Amendatory Act of 1983, the county |
clerk shall give the precinct lists
compiled prior to the |
general November election of 1982 to the chair chairman
of |
county central committee of an established political party or |
to the chair's
chairman's duly authorized representative.
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Prior to the opening of the polls for other elections, the |
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county clerk
shall transmit or deliver to the judges of |
election of each polling place
a corrected list of registered |
voters in the precinct, or the names of persons
added to and |
erased or withdrawn from the list for such precinct. At other
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times such list, currently corrected, shall be kept available |
for public
inspection in the office of the county clerk.
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Within 60 days after each general election the county
clerk |
shall indicate by italics, asterisk, or other means, on the |
list of
registered voters in each precinct, each registrant who |
voted at that general
election, and shall provide a copy of |
such list to the chair chairman of the county
central committee |
of each established political party or to the chair's |
chairman's
duly authorized representative.
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Within 60 days after the effective date of this amendatory |
Act of 1983, the
county clerk shall indicate by italics, |
asterisk, or other means, on the
list of registered voters in |
each precinct, each registrant who voted at
the general |
election of 1982, and shall provide a copy of such coded list
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to the chair chairman
of the county central committee of each |
established political party or to
the chair's chairman's duly |
authorized representative.
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The county clerk may charge a fee to reimburse the actual
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cost of duplicating
each copy of a list provided under either |
of the 2 preceding paragraphs.
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(Source: P.A. 90-358, eff. 1-1-98.)
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(10 ILCS 5/4-12) (from Ch. 46, par. 4-12)
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Sec. 4-12.
Any voter or voters in the township, city, |
village or
incorporated town containing such precinct, and any |
precinct committeeperson committeeman
in the county, may, |
between the hours of 9:00
a.m. and 5:00 p.m. of Monday and |
Tuesday of the second week prior to the
week in which the 1970 |
primary election for the nomination of candidates
for State and |
county offices or any election thereafter is to be held, make
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application in writing, to the county clerk, to have any name |
upon the
register of any precinct erased. Such application |
shall be, in substance,
in the words and figures following:
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"I being a qualified voter, registered from No. .... Street |
in the ....
precinct of the .... ward of the city (village or |
town of) .... (or of the
.... town of ....) do hereby solemnly |
swear (or affirm) that ....
registered from No. .... Street is |
not a qualified voter in the ....
precinct of .... ward of the |
city (village or town) of .... (or of the ....
town of ....) |
and hence I ask that his name be erased from the register of
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such precinct for the following reason .....
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Affiant further says that he has personal knowledge of the |
facts set
forth in the above affidavit.
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(Signed) .....
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Subscribed and sworn to before me on (insert date).
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....
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....
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....."
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Such application shall be signed and sworn to by the |
applicant before
the county clerk or any deputy authorized by |
the county clerk for that
purpose, and filed with said clerk. |
Thereupon notice of such application,
and of the time and place |
of hearing thereon, with a demand to appear
before the county |
clerk and show cause why his name shall not be erased
from said |
register, shall be mailed, in an envelope duly stamped and
|
directed to such person at the address upon said register, at |
least four
days before the day fixed in said notice to show |
cause. If such person has provided the election authority with |
an e-mail address, then the election authority shall also send |
the same notice by electronic mail at least 4 days before the |
day fixed in said notice to show cause.
|
A like notice shall be mailed to the person or persons |
making the
application to have the name upon such register |
erased to appear and show
cause why said name should be erased, |
the notice to set out the day and
hour of such hearing. If the |
voter making such application fails to appear
before said clerk |
at the time set for the hearing as fixed in the said
notice or |
fails to show cause why the name upon such register shall be
|
erased, the application to erase may be dismissed by the county |
clerk.
|
Any voter making the application is privileged from arrest |
while
presenting it to the county clerk, and while going to and |
from the office
of the county clerk.
|
|
(Source: P.A. 98-115, eff. 10-1-13.)
|
(10 ILCS 5/4-22) (from Ch. 46, par. 4-22)
|
Sec. 4-22.
Except as otherwise provided in this Section |
upon application
to vote each registered elector shall sign his |
name or make his mark as the
case may be, on a certificate |
substantially as follows:
|
CERTIFICATE OF REGISTERED VOTER
|
City of ....... Ward ....... Precinct .......
|
Election ....... (Date) ....... (Month) ....... (Year)
|
Registration Record .......
|
Checked by .......
|
Voter's number ....
|
INSTRUCTION TO VOTERS
|
Sign this certificate and hand it to the election officer |
in charge. After
the registration record has been checked, the |
officer will hand it back
to you. Whereupon you shall present |
it to the officer in charge of the ballots.
|
I hereby certify that I am registered from the address |
below and am qualified to vote.
|
Signature of voter .......
|
residence address .......
|
An individual shall not be required to provide his social
|
security number when applying for a ballot. He shall not be |
denied a
ballot, nor shall his ballot be challenged, solely |
because of his refusal
to provide his social security number.
|
|
Nothing in this Act prevents an individual from being requested
|
to provide his social security number when the individual |
applies for a
ballot.
If, however, the certificate contains a |
space for the individual's
social security number, the |
following notice shall appear on the
certificate, immediately |
above such space,
in bold-face capital letters, in type the |
size of which
equals the largest type on the certificate:
|
"THE INDIVIDUAL APPLYING FOR A BALLOT WITH THIS DOCUMENT IS |
NOT REQUIRED
TO DISCLOSE HIS OR HER SOCIAL SECURITY NUMBER. HE |
OR SHE MAY NOT BE DENIED
A BALLOT, NOR SHALL HIS OR HER BALLOT |
BE CHALLENGED, SOLELY BECAUSE OF HIS
OR HER REFUSAL TO PROVIDE |
HIS OR HER SOCIAL
SECURITY NUMBER."
|
The certificates of each State-wide political party at a |
general primary election
shall be separately printed upon paper |
of uniform quality, texture and size,
but the certificates of |
no 2 State-wide political parties shall be of the
same color or |
tint. However, if the election authority provides computer
|
generated applications with the precinct, ballot style and |
voter's name
and address preprinted on the application, a |
single application may be used
for State-wide political parties |
if it contains spaces or check-off boxes
to indicate the |
political party. Such application shall not entitle the
voter |
to vote in the primary of more than one political party at the |
same election.
|
At the consolidated primary, such certificates may contain |
spaces or checkoff
boxes permitting the voter to request a |
|
primary ballot of any other political
party which is |
established only within a political subdivision and for which
a |
primary is conducted on the same election day. Such application |
shall
not entitle the voter
to vote in both the primary of the |
State-wide political party and the primary
of the local |
political party with respect to the offices of the same |
political
subdivision. In no event may a voter vote in more |
than one State-wide primary
on the same day.
|
The judges in charge of the precinct registration files |
shall compare the
signature upon such certificate with the |
signature on the registration record
card as a means of |
identifying the voter. Unless satisfied by such comparison
that |
the applicant to vote is the identical person who is registered |
under
the same name, the judges shall ask such applicant the |
questions for identification
which appear on the registration |
card, and if the applicant does not prove
to the satisfaction |
of a majority of the judges of the election precinct
that he is |
the identical person registered under the name in question then
|
the vote of such applicant shall be challenged by a judge of |
election, and
the same procedure
followed as provided by law |
for challenged voters.
|
In case the elector is unable to sign his name, a judge of |
election shall
check the data on the registration card and |
shall check the address given,
with the registered address, in |
order to determine whether he is entitled to vote.
|
One of the judges of election shall check the certificate |
|
of each applicant
for a ballot after the registration record |
has been examined, and shall
sign his initials on the |
certificate in the space provided therefor, and
shall enter |
upon such certificate the number of the voter in the place |
provided
therefor, and make an entry in the voting record space |
on the registration
record, to indicate whether or not the |
applicant voted. Such judge shall
then hand such certificate |
back to the applicant in case he is permitted
to vote, and such |
applicant shall hand it to the judge of election in charge
of |
the ballots. The certificates of the voters shall be filed in |
the order
in which they are received and shall constitute an |
official poll record.
The term "poll lists" and "poll books", |
where used in this Article, shall
be construed to apply to such |
official poll record.
|
After each general primary election the county clerk shall |
indicate by
color code or other means next to the name of each |
registrant on the list
of registered voters in each precinct |
the primary ballot of a political
party that the registrant |
requested at that general primary election. The
county clerk, |
within 60 days after the general primary election, shall |
provide
a copy of this coded list to the chair chairman of the |
county central committee
of each established political party or |
to the chair's chairman's duly authorized representative.
|
Within 60 days after the effective date of this amendatory |
Act of 1983,
the county clerk shall provide to the chair |
chairman of the county central committee
of each established |
|
political party or to the chair's chairman's duly authorized
|
representative
the list of registered voters in each precinct |
at the time of the general
primary election of 1982 and shall |
indicate on such list by color code or
other means next to the |
name of a registrant the primary ballot of a political
party |
that the registrant requested at the general primary election |
of 1982.
|
The county clerk may charge a fee to reimburse the actual
|
cost of duplicating
each copy of a list provided under either |
of the 2 preceding paragraphs.
|
Where an elector makes application to vote by signing and |
presenting the
certificate provided by this Section, and his |
registration record card is
not found in the precinct registry |
of voters, but his name appears as that
of a registered voter |
in such precinct upon the printed precinct register
as |
corrected or revised by the supplemental list, or upon the |
consolidated
list, if any, and whose name has not been erased |
or withdrawn from such
register, the printed precinct register |
as corrected or revised by the supplemental
list, or |
consolidated list, if any, shall be prima facie evidence of the
|
elector's right to vote upon compliance with the provisions |
hereinafter
set forth in this Section. In such event one of the |
judges of election
shall require an affidavit by such person |
and one voter residing in the
precinct before the judges of |
election, substantially in the form prescribed
in Section 17-10 |
of this Act, and upon the presentation of such affidavits,
a |
|
certificate shall be issued to such elector, and upon the |
presentation
of such certificate and affidavits, he shall be |
entitled to vote.
|
Provided, however, that applications for ballots made by |
registered voters
under the provisions of Article 19 of this |
Act shall be accepted by the
Judges of Election in lieu of the |
"Certificate of Registered Voter" provided
for in this Section.
|
When the county clerk delivers to the judges of election |
for use at the
polls a supplemental or consolidated list of the |
printed precinct register,
he shall give a copy of the |
supplemental or consolidated list to the chair chairman
of a |
county central committee of an established political party or |
to the chair's
chairman's duly authorized representative.
|
Whenever 2 or more elections occur simultaneously, the |
election authority
charged with the duty of providing |
application certificates may prescribe
the form thereof so that |
a voter is required to execute only one, indicating
in which of |
the elections he desires to vote.
|
After the signature has been verified, the judges shall |
determine in which
political subdivisions the voter resides by |
use of the information contained
on the voter registration |
cards or the separate registration lists or other
means |
approved by the State Board of Elections and prepared and |
supplied
by the election authority. The voter's certificate |
shall be so marked by
the judges as to
show the respective |
ballots which the voter is given.
|
|
(Source: P.A. 84-809.)
|
(10 ILCS 5/5-14) (from Ch. 46, par. 5-14)
|
Sec. 5-14.
Either of the canvassers shall, at the end of |
the canvass,
return the "Verification Lists" to the County |
Clerk and a certificate of
the correctness of such return. |
Immediately after receipt of such Verification
Lists, the |
County Clerk shall cause copies to be printed in plain large
|
type in sufficient numbers to meet all demands, and upon |
application, a
copy of the same shall be given to any person |
applying therefor. Thereafter
a list of registered voters in |
each precinct shall be compiled by the County
clerk, prior to |
the General Election to be held in November of each even
|
numbered year. On the list, the County Clerk shall indicate, by |
italics,
asterisk, or other means, the names of all persons who |
have registered since
the last regularly scheduled election in |
the consolidated schedule of elections
established in Section |
2A-1.1 of this Act.
|
When the list of registered voters in each precinct is |
compiled, the
County Clerk shall give a copy of it to the chair |
chairman of a county central
committee of an established |
political party, as such party is defined in
Section 10-2 of |
this Act, or to the chair's chairman's duly authorized |
representative.
Within 30 days of the effective date of this |
Amendatory Act of 1983, the
County Clerk shall
give the list of |
registered voters in each precinct that was compiled prior
to |
|
the general November election of 1982 to the chair chairman of |
a county central
committee of an established political party or |
to the chair's chairman's duly
authorized
representative.
|
Within 60 days after each general election the county clerk
|
shall indicate by italics, asterisk, or other means, on the |
list of registered
voters in each precinct, each registrant who |
voted at that general election,
and shall provide a copy of |
such list to the chair chairman of the county central
committee |
of each established political party or to the chair's |
chairman's duly
authorized representative.
|
Within 60 days after the effective date of this amendatory |
Act of 1983, the
county clerk shall indicate by italics, |
asterisk, or other means, on the
list of registered voters in |
each precinct, each registrant who voted at
the general |
election of 1982, and shall provide a copy of such
coded list |
to the chair chairman of the county central committee of each |
established
political party or to the chair's chairman's duly |
authorized representative.
|
The county clerk may charge a fee to reimburse the actual
|
cost of duplicating
each copy of a list provided under either |
of the 2 preceding paragraphs.
|
(Source: P.A. 83-1263.)
|
(10 ILCS 5/5-15) (from Ch. 46, par. 5-15)
|
Sec. 5-15.
Any voter or voters in the township, city, |
village, or
incorporated town containing such precinct, and any |
|
precinct committeeperson committeeman
in the county, may, |
between the hours of nine
o'clock a.m. and six o'clock p.m. of |
the Monday and Tuesday of the third
week immediately preceding |
the week in which such April 10, 1962 Primary
Election is to be |
held, make application in writing, before such County
Clerk, to |
have any name upon such register of any precinct erased.
|
Thereafter such application shall be made between the hours of |
nine o'clock
a.m. and six o'clock p.m. of Monday and Tuesday of |
the second week prior
to the week in which any county, city, |
village, township, or incorporated
town election is to be held. |
Such application shall be in substance, in the
words and |
figures following:
|
"I, being a qualified voter, registered from No. .... |
Street in the ....
precinct of the .... Ward of the city |
(village or town of .... ) of
the .... District .... town of |
.... do hereby solemnly swear (or affirm) that
.... registered |
from No. .... Street is not a qualified voter in the ....
|
precinct of the .... ward of the city (village or town) of .... |
or of the
.... district town of .... hence I ask that his name |
be erased from the
register of such precinct for the following |
reason ..... Affiant further
says that he has personal |
knowledge of the facts set forth in the above
affidavit.
|
(Signed) .....
|
Subscribed and sworn to before me on (insert date).
|
....
|
....
|
|
...."
|
Such application shall be signed and sworn to by the |
applicant before
the County Clerk or any Deputy authorized by |
the County Clerk for that
purpose, and filed with the Clerk. |
Thereupon notice of such application,
with a demand to appear |
before the County Clerk and show cause why his name
shall not |
be erased from the register, shall be mailed by special
|
delivery, duly stamped and directed, to such person, to the |
address upon
said register at least 4 days before the day fixed |
in said notice to
show cause. If such person has provided the |
election authority with an e-mail address, then the election |
authority shall also send the same notice by electronic mail at |
least 4 days before the day fixed in said notice to show cause.
|
A like notice shall be mailed to the person or persons |
making the
application to have the name upon such register |
erased to appear and show
cause why the name should be erased, |
the notice to set out the day and
hour of such hearing. If the |
voter making such application fails to appear
before the Clerk |
at the time set for the hearing as fixed in the said
notice or |
fails to show cause why the name upon such register shall be
|
erased, the application may be dismissed by the County Clerk.
|
Any voter making such application or applications shall be |
privileged
from arrest while presenting the same to the County |
Clerk, and whilst going
to and returning from the office of the |
County Clerk.
|
(Source: P.A. 98-115, eff. 10-1-13.)
|
|
(10 ILCS 5/5-16.2) (from Ch. 46, par. 5-16.2)
|
Sec. 5-16.2. (a) The county clerk shall appoint all |
municipal and
township clerks or their duly authorized deputies |
as deputy registrars who
may accept the registration of all |
qualified residents of the State.
|
The county clerk shall appoint all precinct |
committeepersons in the county
as deputy registrars who may |
accept the registration of any qualified resident
of the State, |
except during the 27 days preceding an election.
|
The county clerk shall appoint each of the following named |
persons as deputy
registrars upon the written request of such |
persons:
|
1. The chief librarian, or a qualified person |
designated by the chief
librarian, of any public library |
situated within the election jurisdiction,
who may accept |
the registrations of any qualified resident of the State,
|
at such library.
|
2. The principal, or a qualified person designated by |
the principal, of
any high school, elementary school, or |
vocational school situated
within the election |
jurisdiction, who may accept the registrations of any
|
resident of the State, at such school. The county clerk |
shall notify every
principal and vice-principal of each |
high school, elementary school, and
vocational school |
situated within the election jurisdiction of their
|
|
eligibility to serve as deputy registrars and offer |
training courses for
service as deputy registrars at |
conveniently located facilities at least 4
months prior to |
every election.
|
3. The president, or a qualified person designated by |
the president, of
any university, college, community |
college, academy or other institution
of learning situated |
within the election jurisdiction, who may accept the
|
registrations of any resident of the State, at such |
university, college,
community college, academy or |
institution.
|
4. A duly elected or appointed official of a bona fide |
labor organization,
or a reasonable number of qualified |
members designated by such official,
who may accept the |
registrations of any qualified resident of the State.
|
5. A duly elected or appointed official of a bona fide |
State civic
organization, as defined and determined by rule |
of the State Board of
Elections, or qualified members |
designated by such official, who may accept
the |
registration of any qualified resident of the State.
In |
determining the number of deputy registrars that shall be |
appointed,
the county clerk shall consider the population |
of the jurisdiction, the
size of the organization, the |
geographic size of the jurisdiction,
convenience for the |
public, the existing number of deputy registrars in the
|
jurisdiction and their location, the registration |
|
activities of the
organization and the need to appoint |
deputy registrars to assist and
facilitate the |
registration of non-English speaking individuals. In no
|
event shall a county clerk fix an arbitrary number |
applicable to every
civic organization requesting |
appointment of its members as deputy registrars.
The State |
Board of Elections shall by rule provide for
certification |
of bona fide State civic organizations.
Such appointments |
shall be made for a period not to exceed 2 years,
|
terminating on the first business day of the month |
following the month of
the general election, and shall be |
valid for all periods of voter
registration as provided by |
this Code during the terms of such appointments.
|
6.
The Director of Healthcare and Family Services, or a
|
reasonable number of employees designated by the Director |
and located at
public aid offices, who may accept the |
registration of any qualified
resident of the county at any |
such public aid office.
|
7.
The Director of the Illinois Department of |
Employment Security, or a
reasonable number of employees |
designated by the Director and located at
unemployment |
offices, who may accept the registration of any qualified
|
resident of the county at any such unemployment office.
|
8. The president of any corporation as defined by the |
Business
Corporation Act of 1983, or a reasonable number of |
employees designated by
such president, who may accept the |
|
registrations of any qualified resident
of the State.
|
If the request to be appointed as deputy registrar is |
denied, the
county clerk shall, within 10 days after the date |
the request is submitted,
provide the affected individual or |
organization with written notice setting
forth the specific |
reasons or criteria relied upon to deny the request to
be |
appointed as deputy registrar.
|
The county clerk may appoint as many additional deputy |
registrars as he
considers necessary. The county clerk shall |
appoint such additional deputy
registrars in such manner that |
the convenience of the public is served,
giving due |
consideration to both population concentration and area. Some
|
of the additional deputy registrars shall be selected so that |
there are an
equal number from each of the 2 major political |
parties in the election
jurisdiction. The county clerk, in |
appointing an additional deputy
registrar, shall make the |
appointment from a list of applicants submitted
by the Chair |
Chairman of the County Central Committee of the applicant's
|
political party. A Chair Chairman of a County Central Committee |
shall submit a
list of applicants to the county clerk by |
November 30 of each year. The
county clerk may require a Chair |
Chairman of a County Central Committee to
furnish a |
supplemental list of applicants.
|
Deputy registrars may accept registrations at any time |
other than the 27
day period preceding an election. All persons |
appointed as deputy
registrars shall be registered voters |
|
within the county and shall take and
subscribe to the following |
oath or affirmation:
|
"I do solemnly swear (or affirm, as the case may be) that I |
will support
the Constitution of the United States, and the |
Constitution of the State
of Illinois, and that I will |
faithfully discharge the duties of the office
of deputy |
registrar to the best of my ability and that I will register
no |
person nor cause the registration of any person except upon his |
personal
application before me.
|
...............................
|
(Signature of Deputy Registrar)"
|
This oath shall be administered by the county clerk, or by |
one of his
deputies, or by any person qualified to take |
acknowledgement of deeds and
shall immediately thereafter be |
filed with the county clerk.
|
Appointments of deputy registrars under this Section, |
except precinct committeepersons
committeemen , shall be for |
2-year terms, commencing on December 1 following
the general |
election of each even-numbered year, except that the terms of
|
the initial appointments shall be until December 1st following |
the next
general election. Appointments of precinct |
committeepersons committeemen shall be for
2-year terms |
commencing on the date of the county convention following the
|
general primary at which they were elected. The county clerk |
shall issue a
certificate of appointment to each deputy |
registrar, and shall maintain in
his office for public |
|
inspection a list of the names of all appointees.
|
(b) The county clerk shall be responsible for training all |
deputy registrars
appointed pursuant to subsection (a), at |
times and locations reasonably
convenient for both the county |
clerk and such appointees. The county clerk
shall be |
responsible for certifying and supervising all deputy |
registrars
appointed pursuant to subsection (a). Deputy |
registrars appointed under
subsection (a) shall be subject to |
removal for cause.
|
(c)
Completed registration materials under the control of |
deputy registrars,
appointed pursuant to subsection (a), shall |
be returned to the appointing election
authority by first-class |
mail within 2 business days or personal delivery within 7 days, |
except that completed registration materials
received by the |
deputy registrars during the period between the 35th and
28th |
day preceding an election shall be returned by the deputy
|
registrars to
the appointing election authority within 48 hours |
after receipt thereof. The
completed registration materials |
received by the deputy registrars on the
28th day preceding an |
election shall be returned by the deputy
registrars within 24 |
hours after receipt thereof.
Unused materials shall be returned |
by deputy
registrars appointed pursuant to paragraph 4 of |
subsection (a), not later
than the next working day following |
the close of registration.
|
(d) The county clerk or board of election commissioners, as |
the case may
be, must provide any additional forms requested by |
|
any deputy registrar
regardless of the number of unaccounted |
registration forms the deputy registrar
may have in his or her |
possession.
|
(e) No deputy registrar shall engage in any electioneering |
or the promotion
of any cause during the performance of his or |
her duties.
|
(f) The county clerk shall not be criminally or civilly |
liable for the
acts or omissions of any deputy registrar. Such |
deputy registers shall not
be deemed to be employees of the |
county clerk.
|
(g) Completed registration materials returned by deputy |
registrars for persons residing outside the county shall be |
transmitted by the county clerk within 2 days after receipt to |
the election authority of the person's election jurisdiction of |
residence.
|
(Source: P.A. 97-81, eff. 7-5-11.)
|
(10 ILCS 5/5-29) (from Ch. 46, par. 5-29)
|
Sec. 5-29.
Upon application to vote, except as hereinafter |
provided
for absent electors, each registered elector shall |
sign his name or make
his mark as the case may be, on a |
certificate substantially as follows:
|
"Certificate of Registered Voter
|
Town of................District or Precinct Number..........;
|
City of................Ward...............Precinct..........;
|
Village of................................Precinct..........;
|
|
Election.....................................................
|
(date) (month) (year)
|
Registration record
|
Checked by.....................
|
Voter's number..................
|
Instruction to voters
|
Sign this certificate and hand it to the election officer |
in charge.
After the registration record has been checked, the |
officer will hand it
back to you. Whereupon you shall present |
it to the officer in charge of
the ballots.
|
I hereby certify that I am registered from the address |
below and am
qualified to vote.
|
Signature of voter ...............
|
Residence address ..............."
|
An individual shall not be required to provide his social
|
security number when applying for a ballot. He shall not be |
denied a
ballot, nor shall his ballot be challenged, solely |
because of his refusal
to provide his social security number.
|
Nothing in this Act prevents an individual from being requested
|
to provide his social security number when the individual |
applies for a
ballot.
If, however, the certificate contains a |
space for the individual's
social security number, the |
following notice shall appear on the
certificate, immediately |
above such space,
in bold-face capital letters, in type the |
size of which
equals the largest type on the certificate:
|
"THE INDIVIDUAL APPLYING FOR A BALLOT WITH THIS DOCUMENT IS |
|
NOT REQUIRED
TO DISCLOSE HIS OR HER SOCIAL SECURITY NUMBER. HE |
OR SHE MAY NOT BE DENIED
A BALLOT, NOR SHALL HIS OR HER BALLOT |
BE CHALLENGED, SOLELY BECAUSE OF HIS
OR HER REFUSAL TO PROVIDE |
HIS OR HER SOCIAL
SECURITY NUMBER."
|
Certificates as above prescribed shall be furnished by the |
county
clerk for all elections.
|
The Judges in charge of the precinct registration files |
shall compare
the signature upon such certificate with the |
signature on the
registration record card as a means of |
identifying the voter. Unless
satisfied by such comparison that |
the applicant to vote is the identical
person who is registered |
under the same name, the Judges shall ask such
applicant the |
questions for identification which appear on the
registration |
card and if the applicant does not prove to the
satisfaction of |
a majority of the judges of the election precinct that
he is |
the identical person registered under the name in question then
|
the vote for such applicant shall be challenged by a Judge of |
Election,
and the same procedure followed as provided by law |
for challenged voters.
|
In case the elector is unable to sign his name, a Judge of |
Election
shall check the data on the registration card and |
shall check the
address given, with the registered address, in |
order to determine
whether he is entitled to vote.
|
One of the Judges of election shall check the certificate |
of each
applicant for a ballot after the registration record |
has been examined
and shall sign his initials on the |
|
certificate in the space provided
therefor, and shall enter |
upon such certificate the number of the voter
in the place |
provided therefor, and make an entry in the voting record
space |
on the registration record, to indicate whether or not the
|
applicant voted. Such judge shall then hand such certificate |
back to the
applicant in case he is permitted to vote, and such |
applicant shall hand
it to the judge of election in charge of |
the ballots. The certificates
of the voters shall be filed in |
the order in which they are received and
shall constitute an |
official poll record. The term "Poll Lists" and
"Poll Books" |
where used in this article 5 shall be construed to apply to
|
such official poll records.
|
After each general primary election the county clerk shall |
indicate by
color code or other means next to the name of each |
registrant on the list
of registered voters in each precinct |
the primary ballot of a political
party that the registrant |
requested at that general primary election. The
county clerk, |
within 60 days after the general primary election, shall
|
provide a copy of this coded list to the chair chairman of the |
county central
committee of each established political party or |
to the chair's chairman's duly
authorized representative.
|
Within 60 days after the effective date of this amendatory |
Act of 1983,
the county clerk shall provide to the chair |
chairman of the county central
committee of each established |
political party or to the chair's chairman's duly
authorized |
representative the list of registered voters in each precinct |
|
at
the time of the general primary election of 1982 and shall |
indicate on such
list by color code or other means next to the |
name of a registrant the
primary ballot of a political party |
that the registrant requested at the
general primary election |
of 1982.
|
The county clerk may charge a fee to reimburse the actual |
cost of
duplicating each copy of a list provided under either |
of the 2
preceding paragraphs.
|
Where an elector makes application to vote by signing and |
presenting
the certificate provided by this Section, and his |
registration record
card is not found in the precinct registry |
of voters, but his name
appears as that of a registered voter |
in such precinct upon the printed
precinct list of voters and |
whose name has not been erased or withdrawn
from such register, |
it shall be the duty of one of the Judges of
Election to |
require an affidavit by such person and two voters residing
in |
the precinct before the judges of election that he is the same |
person
whose name appears upon the precinct register and that |
he resides in the
precinct stating the street number of his |
residence. Forms for such
affidavit shall be supplied by the |
county clerk for all elections. Upon
the making of such |
affidavit and the presentation of his certificate
such elector |
shall be entitled to vote. All affidavits made under this
|
paragraph shall be preserved and returned to the county clerk |
in an
envelope. It shall be the duty of the county clerk within |
30 days after
such election to take steps provided by Section |
|
5-27 of this article 5
for the execution of new registration |
affidavits by electors who have
voted under the provisions of |
this paragraph.
|
Provided, however, that the applications for ballots made |
by
registered voters and under the provisions of article 19 of |
this act
shall be accepted by the Judges of Election in lieu of |
the "certificate
of registered voter" provided for in this |
section.
|
When the county clerk delivers to the judges of election |
for use at the
polls a supplemental or consolidated list of the |
printed precinct register,
he shall give a copy of the |
supplemental or consolidated list to the chair chairman
of a |
county central committee of an established political party or |
to the chair's
chairman's duly authorized representative.
|
Whenever two or more elections occur simultaneously, the |
election
authority charged with the duty of providing |
application certificates
may prescribe the form thereof so that |
a voter is required to execute
only one, indicating in which of |
the elections he desires to vote.
|
After the signature has been verified, the judges shall |
determine in
which political subdivisions the voter resides by |
use of the information
contained on the voter registration |
cards or the separate registration
lists or other means |
approved by the State Board of Elections and
prepared and |
supplied by the election authority. The voter's
certificate |
shall be so marked by the judges as to show the respective
|
|
ballots which the voter is given.
|
(Source: P.A. 84-809; 84-832 .)
|
(10 ILCS 5/6-24) (from Ch. 46, par. 6-24)
|
Sec. 6-24.
Within 20 days after such first appointment |
shall be
made, such commissioners shall organize as a board by |
electing one of
their number as chair chairman and one as |
secretary, and they shall perform
the duties incident to such |
offices. And upon every new appointment of
a commissioner, such |
board shall reorganize in like manner. Each
commissioner, |
before taking his seat in such board, shall take an oath
of |
office before the court, which in substance shall be in the |
following
form:
|
"I, .... do solemnly swear, (or affirm) that I am a citizen |
of the
United States, and have resided in the State of
Illinois |
for a period of 2 years last past, and that I am a legal
voter |
and resident of the jurisdiction of the .......... Board of |
Election
Commissioners. That I will support the Constitution of
|
the United States and of the State of Illinois, and the laws |
passed in
pursuance thereof, to the best of my ability, and |
will faithfully and
honestly discharge the duties of the office |
of election commissioner."
|
Where the 2 year residence requirement is waived by the |
appointing court,
the provision pertaining to the 2 year |
residence requirement shall be omitted
from the oath of office.
|
Which oath, when subscribed and sworn to before such court |
|
shall be
filed in the office of the county clerk of said county |
and be there
preserved. Such commissioner shall also, before |
taking such oath, give
an official bond in the sum of |
$10,000.00 with two securities, to be
approved by said court, |
conditioned for the faithful and honest
performance of his |
duties and the preservation of the property of his
office. Such |
board of commissioners shall at once secure and open an
office |
sufficient for the purposes of such board, which shall be kept
|
open during ordinary business hours of each week day and such |
other days
and such other times as the board may direct or as |
otherwise required by
law, legal holidays excepted; provided |
that such office shall be
kept open from the time of opening |
the polls on the day of any election,
primary or general, and |
until all returns of that election have been
received from each |
precinct under the jurisdiction of such Board. Upon
the opening |
of such office the county clerk of the county in which such
|
city, village or incorporated town is situated shall, upon |
demand, turn
over to such board all registry books, |
registration record cards, poll
books, tally sheets and ballot |
boxes heretofore used and all other
books, forms, blanks and |
stationery of every description in his hands in
any way |
relating to elections or the holding of elections within such
|
city, village or incorporated town.
|
(Source: P.A. 80-1437.)
|
(10 ILCS 5/6-44) (from Ch. 46, par. 6-44)
|
|
Sec. 6-44.
Any voter or voters in the ward, village or |
incorporated
town containing such precinct, and any precinct |
committeeperson committeeman in the
county, may, between the |
hours of nine o'clock a.m. and six p.m. of
Monday and Tuesday |
of the second week prior to
the week in which such election is |
to be held make application in
writing, before such board of |
election commissioners, to have any name
upon such register of |
any precinct erased. However, in
municipalities having a |
population of more than 500,000 and having a
board of election |
commissioners (except as otherwise provided for such
|
municipalities in Section 6-60 of this Article) and in all |
cities,
villages and incorporated towns within the |
jurisdiction of such board,
such application shall be made |
between the hours of nine o'clock a.m.
and six o'clock p.m. of |
Monday and Tuesday of the second week prior to
the week in |
which such election is to be held. Such application shall
be, |
in substance, in the words and figures following:
|
"I being a qualified voter, registered from No. .... street |
in the
.... precinct of the .... ward of the city (village or |
town) of .... do
hereby solemnly swear (or affirm) that I have |
personal knowledge that
.... registered from No. .... street is |
not a qualified voter in the
.... precinct of the .... ward of |
the city (village or town) of .... and
hence I ask that his |
name be erased from the register of such precinct
for the |
following reason ....
|
Affiant further says that he has personal knowledge of the |
|
facts set
forth in the above affidavit.
|
(Signed)....
|
Subscribed and sworn to before me on (insert date).
|
....
|
...."
|
Such application shall be signed and sworn to by the |
applicant before
any member of the board or the clerk thereof |
and filed with said board.
Thereupon notice of such |
application, with a demand to appear before the
board of |
election commissioners and show cause why his name shall not be
|
erased from said register, shall be personally served upon such |
person
or left at his place of residence indicated in such |
register, or in the
case of a homeless individual, at his or |
her mailing address, by a
messenger of said board of election |
commissioners, and, as to the manner
and time of serving such |
notice such messenger shall make affidavit;
the messenger shall |
also make affidavit of the fact in case he cannot
find such |
person or his place of residence, and that he went to the place
|
named on such register as his or her place of residence. Such |
notice shall
be served at least one day before the time fixed |
for such party to show cause.
|
The commissioners shall also cause a like notice or demand |
to be sent
by mail duly stamped and directed, to such person, |
to the address upon the
register at least 2 days before the day |
fixed in the notice to show cause.
|
A like notice shall be served on the person or persons |
|
making the
application to have the name upon such register |
erased to appear and
show cause why said name shall be erased, |
the notice to set out the day
and hour of such hearing. If the |
voter making such application fails to
appear before said board |
at the time set for the hearing as fixed in the
notice or fails |
to show cause why the name upon such register shall
be erased, |
the application may be dismissed by the board.
|
Any voter making such application or applications shall be |
privileged
from arrest while presenting the same to the board |
of election commissioners,
and while going to and returning |
from the board of election commissioners.
|
(Source: P.A. 91-357, eff. 7-29-99.)
|
(10 ILCS 5/6-50.2) (from Ch. 46, par. 6-50.2)
|
Sec. 6-50.2. (a) The board of election commissioners shall |
appoint all
precinct committeepersons in the election |
jurisdiction as deputy registrars
who may accept the |
registration of any qualified resident of the State, except |
during the 27 days preceding an election.
|
The board of election commissioners shall appoint each of |
the following
named persons as deputy registrars upon the |
written request of such persons:
|
1. The chief librarian, or a qualified person |
designated by the chief
librarian, of any public library |
situated within the election jurisdiction,
who may accept |
the registrations of any qualified resident of the State, |
|
at such library.
|
2. The principal, or a qualified person designated by |
the principal, of
any high school, elementary school, or |
vocational school situated
within the election |
jurisdiction, who may accept the registrations of any
|
resident of the State, at such school. The board of |
election
commissioners shall notify every principal and |
vice-principal of each high
school, elementary school, and |
vocational school situated in the election
jurisdiction of |
their eligibility to serve as deputy registrars and offer
|
training courses for service as deputy registrars at |
conveniently located
facilities at least 4 months prior to |
every election.
|
3. The president, or a qualified person designated by |
the president, of
any university, college, community |
college, academy or other institution
of learning situated |
within the State, who may accept the
registrations of any |
resident of the election jurisdiction, at such university,
|
college, community college, academy or institution.
|
4. A duly elected or appointed official of a bona fide |
labor
organization, or a reasonable number of qualified |
members designated
by such official, who may accept the |
registrations of any qualified
resident of the State.
|
5. A duly elected or appointed official of a bona fide |
State civic
organization, as defined and determined by rule |
of the State Board of
Elections, or qualified members |
|
designated by such official, who may accept
the |
registration of any qualified resident of the State.
In |
determining the number of deputy registrars that shall be |
appointed,
the board of election commissioners shall |
consider the population of the
jurisdiction, the size of |
the organization, the geographic size of the
jurisdiction, |
convenience for the public, the existing number of deputy
|
registrars in the jurisdiction and their location, the |
registration
activities of the organization and the need to |
appoint deputy registrars to
assist and facilitate the |
registration of non-English speaking individuals.
In no |
event shall a board of election commissioners fix an |
arbitrary
number applicable to every civic organization |
requesting appointment of its
members as deputy |
registrars. The State Board of Elections shall by rule
|
provide for certification of bona fide State civic |
organizations. Such
appointments shall be made for a period |
not to exceed 2 years, terminating
on the first business |
day of the month following the month of the general
|
election, and shall be valid for all periods of voter |
registration as
provided by this Code during the terms of |
such appointments.
|
6.
The Director of Healthcare and Family Services, or a
|
reasonable number of employees designated by the Director |
and located at
public aid offices, who may accept the |
registration of any qualified
resident of the election |
|
jurisdiction at any such public aid office.
|
7.
The Director of the Illinois Department of |
Employment Security, or a
reasonable number of employees |
designated by the Director and located at
unemployment |
offices, who may accept the registration of any qualified
|
resident of the election jurisdiction at any such |
unemployment office.
If the request to be appointed as |
deputy registrar is denied, the board
of election |
commissioners shall, within 10 days after the date the |
request
is submitted, provide the affected individual or |
organization with written
notice setting forth the |
specific reasons or criteria relied upon to deny
the |
request to be appointed as deputy registrar.
|
8. The president of any corporation, as defined by the |
Business
Corporation Act of 1983, or a reasonable number of |
employees designated by
such president, who may accept the |
registrations of any qualified resident
of the State.
|
The board of election commissioners may appoint as many |
additional deputy
registrars as it considers necessary. The |
board of election commissioners
shall appoint such additional |
deputy registrars in such manner that the
convenience of the |
public is served, giving due consideration to both
population |
concentration and area. Some of the additional deputy
|
registrars shall be selected so that there are an equal number |
from
each of the 2 major political parties in the election |
jurisdiction. The
board of election commissioners, in |
|
appointing an additional deputy registrar,
shall make the |
appointment from a list of applicants submitted by the Chair |
Chairman
of the County Central Committee of the applicant's |
political party. A Chair Chairman
of a County Central Committee |
shall submit a list of applicants to the board
by November 30 |
of each year. The board may require a Chair Chairman of a |
County
Central Committee to furnish a supplemental list of |
applicants.
|
Deputy registrars may accept registrations at any time |
other than the 27
day period preceding an election. All persons |
appointed as deputy
registrars shall be registered voters |
within the election jurisdiction and
shall take and subscribe |
to the following oath or affirmation:
|
"I do solemnly swear (or affirm, as the case may be) that I |
will support
the Constitution of the United States, and the |
Constitution of the State
of Illinois, and that I will |
faithfully discharge the duties of the office
of registration |
officer to the best of my ability and that I will register
no |
person nor cause the registration of any person except upon his |
personal
application before me.
|
....................................
|
(Signature of Registration Officer)"
|
This oath shall be administered and certified to by one of |
the commissioners
or by the executive director or by some |
person designated by the board of
election commissioners, and |
shall immediately thereafter be filed with the
board of |
|
election commissioners. The members of the board of election
|
commissioners and all persons authorized by them under the |
provisions of
this Article to take registrations, after |
themselves taking and subscribing
to the above oath, are |
authorized to take or administer such oaths and
execute such |
affidavits as are required by this Article.
|
Appointments of deputy registrars under this Section, |
except precinct committeepersons
committeemen , shall be for |
2-year terms, commencing on December 1 following
the general |
election of each even-numbered year, except that the terms of
|
the initial appointments shall be until December 1st following |
the next
general election. Appointments of precinct |
committeepersons committeemen shall be for 2-year
terms |
commencing on the date of the county convention following the |
general
primary at which they were elected. The county clerk |
shall issue a
certificate of appointment to each deputy |
registrar, and shall maintain in
his office for public |
inspection a list of the names of all appointees.
|
(b) The board of election commissioners shall be |
responsible for training
all deputy registrars appointed |
pursuant to subsection (a), at times and
locations reasonably |
convenient for both the board of election commissioners
and |
such appointees. The board of election commissioners shall be |
responsible
for certifying and supervising all deputy |
registrars appointed pursuant
to subsection (a). Deputy |
registrars appointed under subsection (a) shall
be subject to |
|
removal for cause.
|
(c)
Completed registration materials under the control of |
deputy
registrars appointed pursuant to subsection (a) shall be |
returned to the
appointing election authority by first-class |
mail within 2 business days or personal delivery within 7 days, |
except that completed registration
materials received by the |
deputy registrars during the period between the
35th and 28th |
day preceding an election shall be returned by the
deputy
|
registrars to the appointing election authority within 48 hours |
after receipt
thereof. The completed registration materials |
received by the deputy
registrars on the 28th day preceding an |
election shall be returned
by the
deputy registrars within 24 |
hours after receipt thereof. Unused materials
shall be returned |
by deputy registrars appointed pursuant to paragraph 4 of
|
subsection (a), not later than the next working day following |
the close of
registration.
|
(d) The county clerk or board of election commissioners, as |
the case may
be, must provide any additional forms requested by |
any deputy registrar
regardless of the number of unaccounted |
registration forms the deputy registrar
may have in his or her |
possession.
|
(e) No deputy registrar shall engage in any electioneering |
or the promotion
of any cause during the performance of his or |
her duties.
|
(f) The board of election commissioners shall not be |
criminally or
civilly liable for the acts or omissions of any |
|
deputy registrar. Such
deputy registrars shall not be deemed to |
be employees of the board of
election commissioners.
|
(g) Completed registration materials returned by deputy |
registrars for persons residing outside the election |
jurisdiction shall be transmitted by the board of election |
commissioners within 2 days after receipt to the election |
authority of the person's election jurisdiction of residence.
|
(Source: P.A. 97-81, eff. 7-5-11.)
|
(10 ILCS 5/6-60) (from Ch. 46, par. 6-60)
|
Sec. 6-60.
Immediately after the last registration day |
before any election,
except as is otherwise provided in Section |
6-43 of this Article, the board
of election commissioners shall |
prepare and print precinct registers in
the manner provided by |
Section 6-43 of this article, and make such copies available to
|
any person applying therefor. Provided, however, that in |
cities, villages
and incorporated towns of less than 200,000 |
inhabitants such printed lists
shall be prepared only before a |
general election. On the precinct registers,
the board of |
election commissioners shall indicate, by italics, asterisk,
|
or other means, the names of all persons who have registered |
since the last
regularly scheduled election in the consolidated |
schedule of elections
established in Section 2A-1.1 of this |
Act.
|
Prior to the general election of even-numbered years, all |
boards of election
commissioners shall give the precinct |
|
registers to the chair chairman of a county
central committee |
of an established political party, as such party is defined
in |
Section 10-2 of this Act, or to the chair's chairman's duly |
authorized representative.
Within 30 days of the effective date |
of this Amendatory Act of 1983, all
boards of election |
commissioners shall give the precinct registers compiled
prior |
to the general November election of 1982 to the chair chairman |
of a county
central committee of an established political party |
or to the chair's chairman's duly
authorized representative.
|
For the first registration under this article, such |
precinct register shall
be printed and available to any person |
upon application therefor at least
three days before the first |
day upon which any voter may make application in writing
to |
have any name erased from the register as provided by Section |
6-44 of
this Article. For subsequent registrations, such |
registers, except as otherwise
provided in this section for |
municipalities of more than 500,000, shall
be printed and shall |
be available to any person upon application at least
five days |
before the first day upon which any voter may make application
|
in writing to have any name erased from the register.
|
Application to have a name upon such register erased may be |
made in the
manner provided by Section 6-44 of this Article, |
and applications to erase
names, complete registration, or to |
register or restore names shall be heard
in the same manner as |
is provided by Section 6-45 of this Article, with
application |
to the circuit court and appeal to the Supreme Court as |
|
provided
in Sections 6-46 and 6-47. The rights conferred and |
the times specified
by these sections with respect to the first |
election under this article
shall also apply to succeeding |
registrations and elections. Provided, however,
that in |
municipalities having a population of more than 500,000, and |
having
a Board of Election Commissioners, as to all elections, |
registrations for
which are made solely with the Board of |
Election Commissioners, and where
no general precinct |
registrations were provided for or held within twenty-eight
|
days before the election, an application to have a name upon |
such register
erased, as provided for in Section 6-44, shall be |
made within two days after
the publication of the printed |
precinct register, and
the Board of Election Commissioners |
shall announce its decision on such
applications within four |
days after said applications are made, and within
four days |
after its decision on such applications shall cause a |
supplemental
printed precinct register showing such correction |
as may be necessary by
reason of such decision to be printed in |
like manner as hereinabove provided
in Section 6-43 hereof, and |
upon application a copy of the same shall be
given to any |
person applying therefor. Such list shall have printed on
the |
bottom thereof the facsimile signatures of the members of the |
board
of election commissioners. Said supplemental printed |
precinct register
shall be prima facie evidence that the |
electors whose names appear thereon
are entitled to vote. If |
the dates specified in this Article as to applications
to |
|
complete or erase registrations or as to proceedings before the |
Board
of Election Commissioners or the circuit court in the |
first registration
under this Article shall not be applicable |
to any subsequent primary or
regular or special election, the |
Board of Election Commissioners shall,
with the approval of the |
circuit court, adopt and publish a schedule of
dates which |
shall permit equal intervals of time therefor as are provided
|
for such first registrations.
|
After action by the Board of Election Commissioners and by |
the circuit
court, a supplemental list shall be prepared and |
made available in the manner
provided by Section 6-48 of this |
Article.
|
Within 60 days after each general election the board of |
election commissioners
shall indicate by italics,
asterisk, or |
other means, on the list of registered voters in each precinct,
|
each registrant who voted at that general election, and shall |
provide a
copy of such list to the chair chairman of the county |
central committee of each
established political party or to the |
chair's chairman's duly authorized representative.
|
Within 60 days after the effective date of this amendatory |
Act of 1983, the
board of election commissioners shall indicate |
by italics, asterisk, or
other means, on the list of registered |
voters in each precinct, each registrant
who voted at the |
general election of 1982, and shall provide a copy of such
|
coded list to the chair chairman
of the county central |
committee of each established political party or to
the chair's |
|
chairman's duly authorized representative.
|
The board of election commissioners may charge a fee to
|
reimburse the actual cost of duplicating
each copy of a list |
provided under either
of the 2 preceding paragraphs.
|
(Source: P.A. 83-1263.)
|
(10 ILCS 5/6-66) (from Ch. 46, par. 6-66)
|
Sec. 6-66.
Upon application to vote each registered elector |
shall
sign his name or make his mark as the case may be, on a |
certificate
substantially as follows:
|
"CERTIFICATE OF REGISTERED VOTER
|
City of ................. Ward .... Precinct .... Election
|
...............(Date).......(Month)...........(Year) |
Registration Record
....... Checked by ...............
Voter's |
number ....
|
INSTRUCTION TO VOTERS
|
Sign this certificate and hand it to the election officers |
in charge.
After the registration record has been checked, the |
officer will hand it
back to you. Whereupon you shall present |
it to the officer in charge of
the ballots.
|
I hereby certify that I am registered from the address |
below and am
qualified to vote.
|
Signature of voter ................
|
Residence address ................"
|
An individual shall not be required to provide his social
|
security number when applying for a ballot. He shall not be |
|
denied a
ballot, nor shall his ballot be challenged, solely |
because of his refusal
to provide his social security number.
|
Nothing in this Act prevents an individual from being requested
|
to provide his social security number when the individual |
applies for a
ballot.
If, however, the certificate contains a |
space for the individual's
social security number, the |
following notice shall appear on the
certificate, immediately |
above such space,
in bold-face capital letters, in type the |
size of which
equals the largest type on the certificate:
|
"THE INDIVIDUAL APPLYING FOR A BALLOT WITH THIS DOCUMENT IS |
NOT REQUIRED
TO DISCLOSE HIS OR HER SOCIAL SECURITY NUMBER. HE |
OR SHE MAY NOT BE DENIED
A BALLOT, NOR SHALL HIS OR HER BALLOT |
BE CHALLENGED, SOLELY BECAUSE OF HIS
OR HER REFUSAL TO PROVIDE |
HIS OR HER SOCIAL
SECURITY NUMBER."
|
The applications of each State-wide political party
at a |
primary election
shall be separately printed
upon paper of |
uniform quality, texture and size, but the applications of
no 2 |
State-wide political parties shall be of the same color or |
tint. If
the election authority provides computer generated |
applications with the
precinct, ballot style, and voter's name |
and address preprinted on the
application, a single application |
may be used for State-wide political
parties if it contains |
spaces or check-off boxes to indicate the political
party. Such |
applications may contain
spaces or check-off boxes
permitting |
the voter to also request a primary ballot of any political
|
party which is established only within a political subdivision |
|
and for
which a primary is conducted on the same election day.
|
Such applications shall not entitle the voter to vote in both |
the
primary of a State-wide political party and the primary of
|
a local political party with respect to the offices of the same
|
political subdivision or to vote in the primary of more
than |
one State-wide political party on the same day.
|
The judges in charge of the precinct registration files |
shall compare
the signature upon such certificate with the |
signature on the
registration record card as a means of |
identifying the voter. Unless
satisfied by such comparison that |
the applicant to vote is the identical
person who is registered |
under the same name, the judges shall ask such
applicant the |
questions for identification which appear on the
registration |
card, and if the applicant does not prove to the
satisfaction |
of a majority of the judges of the election precinct that
he is |
the identical person registered under the name in question then
|
the vote of such applicant shall be challenged by a judge of |
election,
and the same procedure followed as provided in this |
Article and Act for
challenged voters.
|
In case the elector is unable to sign his name, a judge of |
election
shall check the data on the registration card and |
shall check the
address given, with the registered address, in |
order to determine
whether he is entitled to vote.
|
One of the judges of election shall check the certificate |
of such
applicant for a ballot after the registration record |
has been examined,
and shall sign his initials on the |
|
certificate in the space provided
therefor, and shall enter |
upon such certificate the number of the voter
in the place |
provided therefor, and make an entry in the voting record
space |
on the registration record, to indicate whether or not the
|
applicant voted. Such judge shall then hand such certificate |
back to the
applicant in case he is permitted to vote, and such |
applicant shall hand
it to the judge of election in charge of |
the ballots. The certificates
of the voters shall be filed in |
the order in which they are received and
shall constitute an |
official poll record. The terms "poll lists" and
"poll books", |
where used in this Article and Act, shall be construed to
apply |
to such official poll record.
|
After each general primary election the board of election |
commissioners
shall indicate by color code or other means next |
to the name of each registrant
on the list of registered voters |
in each precinct the primary ballot of
a political party that |
the registrant requested at the general primary
election. The |
board of election commissioners, within 60 days after that
|
general primary election, shall provide a copy of this coded |
list to the
chairman of the county central committee of each |
established political
party or to the chair's chairman's duly |
authorized representative.
|
Within 60 days after the effective date of this amendatory |
Act of 1983,
the board of election commissioners shall provide |
to the chairman of the
county central committee of each |
established political party or to the chair's
chairman's duly |
|
authorized representative the list of registered voters in
each |
precinct at the time of the general primary election of 1982 |
and shall
indicate on such list by color code or
other means |
next to the name of a registrant the primary ballot of a |
political
party that the registrant requested at the general |
primary election of 1982.
|
The board of election commissioners may charge a fee to
|
reimburse the actual cost of duplicating each copy of a list |
provided under
either of the 2 preceding paragraphs.
|
Where an elector makes application to vote by signing and |
presenting
the certificate provided by this Section, and his |
registration card is
not found in the precinct registry of |
voters, but his name appears as
that of a registered voter in |
such precinct upon the printed precinct
register as corrected |
or revised by the supplemental list, or upon the
consolidated |
list, if any provided by this Article and whose name has
not |
been erased or withdrawn from such register, the printed |
precinct
register as corrected or revised by the supplemental |
list, or
consolidated list, if any, shall be prima facie |
evidence of the
elector's right to vote upon compliance with |
the provisions hereinafter
set forth in this Section. In such |
event it shall be the duty of one of
the judges of election to |
require an affidavit by such person and 2
voters residing in |
the precinct before the judges of election that he is
the same |
person whose name appears upon the printed precinct register as
|
corrected or revised by the supplemental list, or consolidated |
|
list, if
any, and that he resides in the precinct, stating the |
street and number
of his residence, and upon the presentation |
of such affidavits, a
certificate shall be issued to such |
elector, and upon the presentation
of such certificate and |
affidavits, he shall be entitled to vote. Any
elector whose |
name does not appear as a registered voter on the printed
|
precinct register or supplemental list but who has a |
certificate issued
by the board of election commissioners as |
provided in Section 6-43 of
this Article, shall be entitled to |
vote upon the presentation of such
certificate accompanied by |
the affidavits of 2 voters residing in the
precinct that the |
elector is the same person described in such
certificate and |
that he resides in the precinct, stating the street and
number |
of his residence. Forms for all affidavits required hereunder
|
shall be supplied by the board of election commissioners. All |
affidavits
made under this paragraph shall be preserved and |
returned to the board
of election commissioners in the manner |
provided by this Article and
Article 18 of this Act. It shall |
be the duty of the board of election
commissioners, within 30 |
days after such election, to take the steps
provided by Section |
6-64 of this Article for the execution of new
registration |
affidavits by electors who have voted under the provisions
of |
this paragraph.
|
When the board of election commissioners delivers to the |
judges of election
for use at the polls a supplemental or |
consolidated list of the printed
precinct register, it shall |
|
give a copy of the supplemental or consolidated
list to the |
chair chairman of a county central committee of an established |
political
party or to the chair's chairman's duly authorized |
representative.
|
Whenever 2 or more elections occur simultaneously, the |
election
official or officials charged with the duty of |
providing application
certificates may prescribe the form |
thereof so that a voter is required
to execute only one, |
indicating in which of the elections he desires to vote.
|
After the signature has been verified, the judges shall |
determine in which
political subdivisions the voter resides by |
use of the information contained
on the voter registration |
cards or the separate registration lists or other
means |
approved by the State Board of Elections and prepared and |
supplied
by the election authority. The voter's certificate |
shall be so marked by
the judges as to show the respective |
ballots which the voter is given.
|
(Source: P.A. 84-809.)
|
(10 ILCS 5/6-70) (from Ch. 46, par. 6-70)
|
Sec. 6-70.
Such election commissioners and the executive |
director of the
Board of Election Commissioners shall be paid |
by the county. In
counties having a population of 500,000 or |
more, the city first adopting
the provisions of this Act shall |
pay the salary of the assistant executive
director. In all |
other counties such salary shall be paid by the county.
In |
|
cities, villages and incorporated towns having a population |
less than
25,000 as determined by the last federal census, the |
election commissioners
shall receive a salary of not less than |
$1,800 per annum. If the population is
25,000 or more but less |
than 40,000 the election commissioners shall receive a
salary |
of not less than $2,400 per annum, to be determined by the |
county board.
If the population is 40,000 or more but less than |
70,000 the election
commissioners shall receive a salary of not |
less than $2,100 per annum, to be
determined by the county |
board. If the population is 70,000 or more but less
than |
100,000 the election commissioners shall receive a salary of |
not less than
$2,700 per annum, to be determined by the county |
board. If the population is
100,000 or more but less than |
2,000,000 the election commissioners shall
receive a salary of |
not less than $3,200 per annum, to be determined by the
county |
board. The chair chairman of a board of election commissioners, |
in counties
with a population of less than 2,000,000, shall be |
paid by the county an
additional amount equal to 10% of his |
salary as an election commissioner. If
the population is less |
than 25,000 the executive director shall receive a
salary of |
not less than $4,500 per annum. If the population is 25,000 or |
more
but less than 40,000 the executive director shall receive |
a salary of not less
than $8,000 per annum, and in such cities, |
villages and incorporated towns
there may be employed one |
assistant executive director who shall receive a
salary of not |
less than $6,000 per annum. If the population is 40,000 or more
|
|
but less than 70,000 the executive director shall receive a |
salary of not less
than $9,500 per annum, and in such cities, |
villages and incorporated towns
there may be employed one |
assistant executive director who shall receive a
salary of not |
less than $7,500 per annum. If the population is 70,000 or more
|
but less than 100,000 the executive director shall receive a |
salary of not less
than $11,000 per annum, and in such cities, |
villages and incorporated towns
there may be employed one |
assistant executive director who shall receive a
salary of not |
less than $8,000 per annum. If the population is 100,000 or |
more
but less than 2,000,000 the executive director shall |
receive a salary of not
less than $12,000 per annum, and in |
such cities, villages and incorporated
towns there may be |
employed one assistant executive director who shall receive
a |
salary of not less than $8,000 per annum. It shall be the duty |
of the Board
of Election Commissioners in such cities, villages |
and incorporated towns to
fix the salary of the executive |
director and assistant executive
director at the time of |
appointment of the clerk. In cities, villages and
incorporated |
towns with a population greater than 2,000,000 the election
|
commissioners shall receive a salary of not less than $21,000, |
provided,
however, that the chair chairman of the Board of |
Election Commissioners shall receive
a salary, as set by and |
from time to time changed by the Board of County
Commissioners, |
of not less than $35,000 per annum and shall hold no other
|
office. In cities, villages and incorporated towns with a |
|
population greater
than 2,000,000, such other election |
commissioners shall hold no other office.
In cities, villages |
and incorporated towns with a population greater than
2,000,000 |
the executive director and employees of the Board of Election
|
Commissioners shall serve on a full-time basis and shall hold |
no other office.
In cities, villages and incorporated towns |
with a population of greater than
2,000,000, no election |
commissioner, executive director nor employee shall
|
participate in any manner, in any activity or interests of any |
political party
or of any candidate for public office or for |
nomination thereof, nor
participate in any political campaign |
for the nomination or election of
candidates for public office. |
Violation of any provision hereof
shall be cause for removal |
from office or dismissal, as the case may be;
provided, that |
nothing contained herein shall be deemed to interfere
with the |
right of any person to vote for any candidate or upon any issue
|
as his reason and conscience may dictate nor interfere with the |
duties
of his office. All expenses incurred by such Board of |
Election
Commissioners shall be paid by such city.
|
The salaries and expenditures are to be audited by the |
chief circuit
judge, who may designate an independent external |
auditor to perform the
task, and the salaries and expenditures |
shall be paid by the county or city
treasurer, as the case may |
be, upon the warrant of the chief circuit judge of
any money in |
the county or city treasury, as the case may be, not otherwise
|
appropriated. It shall also be the duty of the governing |
|
authority of those
counties and cities, respectively, to make |
provisions for the prompt payment of
the salaries and |
expenditures.
|
(Source: P.A. 86-874; 87-1052.)
|
(10 ILCS 5/6A-3) (from Ch. 46, par. 6A-3)
|
Sec. 6A-3. Commissioners; filling vacancies. |
(a) If the county board adopts an ordinance providing for |
the
establishment of a county board of election commissioners, |
or if a
majority of the votes cast on a proposition submitted |
in accordance with
Section 6A-2(a) are in favor of a county |
board of election commissioners, a
county board of election |
commissioners shall be appointed in the same
manner as is |
provided in Article 6 for boards of election commissioners
in |
cities, villages and incorporated towns, except that the county |
board of
election commissioners shall be appointed by the chair |
chairman of the county board
rather than the circuit court. |
However, before any
appointments are made, the appointing |
authority shall ascertain whether
the county clerk desires to |
be a member of the county board of election
commissioners. If |
the county clerk so
desires, he shall be one of the
members of |
the county board of election commissioners, and the
appointing |
authority shall appoint only 2 other members.
|
(b) For any county board of election commissioners |
established under subsection (b) of Section 6A-1, within 30 |
days after the effective date of this amendatory Act of the |
|
98th General Assembly, the chief judge of the circuit court of |
the county shall appoint 5 commissioners. At least 4 of those |
commissioners shall be selected from the 2 major established |
political parties of the State, with at least 2 from each of |
those parties. Such appointment shall be entered of record in |
the office of the County Clerk and the State Board of |
Elections. Those first appointed shall hold their offices for |
the period of one, 2, and 3 years respectively, and the judge |
appointing them shall designate the term for which each |
commissioner shall hold his or her office, whether for one, 2 |
or 3 years except that no more than one commissioner from each |
major established political party may be designated the same |
term. After the initial term, each commissioner or his or her |
successor shall be appointed to a 3 year term. No elected |
official or former elected official who has been out of elected |
office for less than 2 years may be appointed to the board. |
Vacancies shall be filled by the chief judge of the circuit |
court within 30 days of the vacancy in a manner that maintains |
the foregoing political party representation. |
(c) For any county board of election commissioners |
established under subsection (c) of Section 6A-1, within 30 |
days after the conclusion of the election at which the |
proposition to establish a county board of election |
commissioners is approved by the voters, the municipal board |
shall apply to the circuit court of the county for the chief |
judge of the circuit court to appoint 2 additional |
|
commissioners, one of whom shall be from each major established |
political party and neither of whom shall reside within the |
limits of the municipal board, so that 3 commissioners shall |
reside within the limits of the municipal board and 2 shall |
reside within the county but not within the municipality, as it |
may exist from time to time. Not more than 3 of the |
commissioners shall be members of the same major established |
political party. Vacancies shall be filled by the chief judge |
of the circuit court upon application of the remaining |
commissioners in a manner that maintains the foregoing |
geographical and political party representation. |
(Source: P.A. 98-115, eff. 7-29-13.)
|
(10 ILCS 5/7-1) (from Ch. 46, par. 7-1)
|
Sec. 7-1. Application of Article.
|
(a) Except as otherwise provided in this Article, the |
nomination of all
candidates for all elective State, |
congressional, judicial, and county
officers, State's |
Attorneys (whether elected from a single county or from more
|
than one county), city, village, and incorporated town and |
municipal officers,
trustees of sanitary districts, township |
officers in townships of over 5,000
population coextensive with |
or included wholly within cities or villages not
under the |
commission form of government, precinct, township, ward, and
|
State central committeepersons committeemen , and delegates and |
alternate delegates to
national nominating conventions by all |
|
political parties, as defined in
Section 7-2 of this Article 7, |
shall be made in the manner provided in
this Article 7 and not |
otherwise. The nomination of candidates for
electors of |
President and Vice President of the United States shall be made
|
only in the manner provided for in Section 7-9 of this Article.
|
(b) This Article 7 shall not
apply to (i) the nomination of |
candidates for school elections and township
elections, except |
in those townships specifically mentioned
in subsection (a) and |
except in those cases in which a township central
committee |
determines under Section 6A-2 of the Township Law of 1874 or |
Section
45-55 of the Township Code that its candidates for |
township offices shall be
nominated by primary in accordance |
with this Article, (ii) the nomination of
park commissioners in |
park districts organized under the Park District Code,
(iii) |
the nomination of officers of cities and villages organized |
under
special charters, or (iv) the nomination of municipal |
officers for cities,
villages, and incorporated towns with a |
population of 5,000 or less,
except where a city, village, or |
incorporated town with a population of
5,000 or less has by |
ordinance determined that political parties shall nominate
|
candidates for municipal office in the city, village, or
|
incorporated town by primary in accordance with this Article. |
In that event,
the municipal clerk shall certify the ordinance |
to the proper election
officials no later than November 15 in |
the year preceding the consolidated
primary election.
|
(c) The words "township officers" or "township offices" |
|
shall be
construed, when used in this Article, to include |
supervisors.
|
(d) As provided in Sections 3.1-25-20 through 3.1-25-60 of |
the Illinois
Municipal Code, a village may adopt a system of |
nonpartisan primary and general
elections for the election of |
village officers.
|
(Source: P.A. 88-670, eff. 12-2-94; 89-5, eff. 1-1-96.)
|
(10 ILCS 5/7-2) (from Ch. 46, par. 7-2)
|
Sec. 7-2.
A political party, which at the general election |
for State and
county officers then next preceding a primary, |
polled more than 5 per cent
of the entire vote cast in the |
State, is hereby declared to be a political
party within the |
State, and shall nominate all candidates provided for in
this |
Article 7 under the provisions hereof, and shall elect |
precinct,
township, ward and State central committeepersons |
committeemen as herein provided.
|
A political party, which at the general election for State |
and county
officers then next preceding a primary, cast more |
than 5 per cent of the
entire vote cast within any |
congressional district, is hereby declared to
be a political |
party within the meaning of this Article, within such
|
congressional district, and shall nominate its candidate for |
Representative
in Congress, under the provisions hereof. A |
political party, which at the
general election for State and |
county officers then next preceding a
primary, cast more than 5 |
|
per cent of the entire vote cast in any county,
is hereby |
declared to be a political party within the meaning of this
|
Article, within said county, and shall nominate all county |
officers in said
county under the provisions hereof, and shall |
elect precinct, township, and
ward committeepersons |
committeemen , as herein provided;
|
A political party, which at the municipal election for |
city, village or
incorporated town officers then next preceding |
a primary, cast more than 5
per cent of the entire vote cast in |
any city or village, or incorporated
town is hereby declared to |
be a political party within the meaning of this
Article, within |
said city, village or incorporated town, and shall nominate
all |
city, village or incorporated town officers in said city or |
village or
incorporated town under the provisions hereof to the |
extent and in the
cases provided in Section 7-1.
|
A political party, which at the municipal election for town |
officers
then next preceding a primary, cast more than 5 per |
cent of the entire vote
cast in said town, is hereby declared |
to be a political party within the
meaning of this Article, |
within said town, and shall nominate all town
officers in said |
town under the provisions hereof to the extent and in the
cases |
provided in Section 7-1.
|
A political party, which at the municipal election in any |
other
municipality or political subdivision, (except townships |
and school
districts), for municipal or other officers therein |
then next preceding a
primary, cast more than 5 per cent of the |
|
entire vote cast in such
municipality or political subdivision, |
is hereby declared to be a political
party within the meaning |
of this Article, within said municipality or
political |
subdivision, and shall nominate all municipal or other officers
|
therein under the provisions hereof to the extent and in the |
cases provided
in Section 7-1.
|
Provided, that no political organization or group shall be |
qualified as
a political party hereunder, or given a place on a |
ballot, which
organization or group is associated, directly or |
indirectly, with
Communist, Fascist, Nazi or other un-American |
principles and engages in
activities or propaganda designed to |
teach subservience to the political
principles and ideals of |
foreign nations or the overthrow by violence of
the established |
constitutional form of government of the United States and
the |
State of Illinois.
|
(Source: Laws 1943, vol. 2, p. 1 .)
|
(10 ILCS 5/7-4) (from Ch. 46, par. 7-4)
|
Sec. 7-4.
The following words and phrases in this Article 7 |
shall,
unless the same be inconsistent with the context, be |
construed as
follows:
|
1. The word "primary" the primary elections provided for in |
this
Article, which are the general primary, the consolidated |
primary, and for
those municipalities which have annual |
partisan elections for any officer,
the municipal primary held |
6 weeks prior to the general primary election
date in even |
|
numbered years.
|
2. The definition of terms in Section 1-3 of this Act shall |
apply to
this Article.
|
3. The word "precinct" a voting district heretofore or |
hereafter
established by law within which all qualified |
electors vote at one
polling place.
|
4. The words "state office" or "state officer", an office |
to be
filled, or an officer to be voted for, by qualified |
electors of the
entire state, including United States Senator |
and Congressman at large.
|
5. The words "congressional office" or "congressional |
officer",
representatives in Congress.
|
6. The words "county office" or "county officer," include |
an office
to be filled or an officer to be voted for, by the |
qualified electors of
the entire county. "County office" or |
"county officer" also include the
assessor and board of appeals |
and county commissioners and president of
county board of Cook |
County, and county board members and the chair chairman
of the |
county board in counties subject to "An Act relating to the
|
composition and election of county boards in certain counties", |
enacted
by the 76th General Assembly.
|
7. The words "city office" and "village office," and |
"incorporated
town office" or "city officer" and "village |
officer", and "incorporated
town officer" an office to be |
filled or an officer to be voted for by
the qualified electors |
of the entire municipality, including aldermen.
|
|
8. The words "town office" or "town officer", an office to |
be filled
or an officer to be voted for by the qualified |
electors of an entire
town.
|
9. The words "town" and "incorporated town" shall |
respectively be
defined as in Section 1-3 of this Act.
|
10. The words "delegates and alternate delegates to |
National
nominating conventions" include all delegates and |
alternate delegates to
National nominating conventions whether |
they be elected from the state
at large or from congressional |
districts or selected by State convention
unless contrary and |
non-inclusive language specifically limits the term
to one |
class.
|
11. "Judicial office" means a post held by a judge of the |
Supreme,
Appellate or Circuit Court.
|
(Source: P.A. 80-1469.)
|
(10 ILCS 5/7-7) (from Ch. 46, par. 7-7)
|
Sec. 7-7. For the purpose of making nominations in certain |
instances as
provided in this Article and this Act, the |
following committees are authorized
and shall constitute the |
central or managing committees of each political
party, viz: A |
State central committee, whose responsibilities include, but |
are not limited to, filling by appointment vacancies in |
nomination for statewide offices, including but not limited to |
the office of United States Senator, a congressional committee |
for each
congressional district, a county central committee for |
|
each county, a
municipal central committee for each city, |
incorporated town or village, a
ward committeeperson |
committeeman for each ward in cities containing a population of
|
500,000 or more; a township committeeperson committeeman for |
each township or part of a
township that lies outside of cities |
having a population of 200,000 or
more, in counties having a |
population of 2,000,000 or more; a precinct committeeperson
|
committeeman for each precinct in counties having a population |
of less than
2,000,000; a county board district committee for |
each county board district
created under Division 2-3 of the |
Counties Code; a State's Attorney committee
for each group of 2 |
or more counties which jointly elect a State's Attorney; a
|
Superintendent of Multi-County Educational Service Region |
committee for each
group of 2 or more counties which jointly |
elect a Superintendent of a
Multi-County Educational Service |
Region; a judicial subcircuit
committee in
a judicial circuit |
divided into subcircuits for each judicial subcircuit in
that |
circuit; and
a board of review election district committee
for |
each Cook County Board of Review election district.
|
(Source: P.A. 93-541, eff. 8-18-03; 93-574, eff. 8-21-03; |
94-645, eff. 8-22-05.)
|
(10 ILCS 5/7-8) (from Ch. 46, par. 7-8)
|
Sec. 7-8. The State central committee shall be composed of |
one or two
members from each congressional district in the |
State and shall be elected as
follows:
|
|
State Central Committee
|
(a) Within 30 days after January 1, 1984 (the effective |
date of Public Act 83-33), the State central committee of each |
political party shall certify to
the State Board of Elections |
which of the following alternatives it wishes
to apply to the |
State central committee of that party.
|
Alternative A. At the primary in
1970 and at the general |
primary election held every 4 years thereafter, each primary
|
elector may vote for one candidate of his party for member of |
the State
central committee for the congressional district in |
which he resides.
The candidate receiving the highest number of |
votes shall be declared
elected State central committeeperson |
committeeman from the district. A political party
may, in lieu |
of the foregoing, by a majority vote of delegates at any State
|
convention of such party, determine to thereafter elect the |
State central committeepersons
committeemen in the manner |
following:
|
At the county convention held by such political party, |
State central committeepersons
committeemen shall be elected |
in the same manner as provided in this
Article for the election |
of officers of the county central committee, and
such election |
shall follow the election of officers of the county central
|
committee. Each elected ward, township or precinct |
committeeperson committeeman shall cast
as his vote one vote |
for each ballot voted in his ward, township, part of a
township |
or precinct in the last preceding primary election of his
|
|
political party. In the case of a county lying partially within |
one
congressional district and partially within another |
congressional district,
each ward, township or precinct |
committeeperson committeeman shall vote only with respect
to |
the congressional district in which his ward, township, part of |
a
township or precinct is located. In the case of a |
congressional district
which encompasses more than one county, |
each ward, township or precinct committeeperson
committeeman |
residing within the congressional district shall cast as his
|
vote one vote for each ballot voted in his ward, township, part |
of a
township or precinct in the last preceding primary |
election of his
political party for one candidate of his party |
for member of the State
central committee for the congressional |
district in which he resides and
the Chair Chairman of the |
county central committee shall report the results of
the |
election to the State Board of Elections. The State Board of |
Elections
shall certify the candidate receiving the highest |
number of votes elected
State central committeeperson |
committeeman for that congressional district.
|
The State central committee shall adopt rules to provide |
for and govern
the procedures to be followed in the election of |
members of the State central
committee.
|
After August 6, 1999 (the
effective date of Public Act |
91-426), whenever a vacancy occurs in the office of Chair |
Chairman of a State
central committee, or at the end of the |
term of office of Chair Chairman , the State
central committee |
|
of each political party that has selected Alternative A shall
|
elect a Chair Chairman who shall not be required to be a member |
of the State Central
Committee. The Chair Chairman shall be a
|
registered voter in this State and of the same political party |
as the State
central committee.
|
Alternative B. Each congressional committee shall, within |
30 days after
the adoption of this alternative, appoint a |
person of the sex opposite that
of the incumbent member for |
that congressional district to serve as an
additional member of |
the State central committee until his or her successor
is |
elected at the general primary election in 1986. Each |
congressional
committee shall make this appointment by voting |
on the basis set forth in
paragraph (e) of this Section. In |
each congressional district at the
general primary election |
held in 1986 and every 4 years thereafter, the
male candidate |
receiving the highest number of votes of the party's male
|
candidates for State central committeeman, and the female |
candidate
receiving the highest number of votes of the party's |
female candidates for
State central committeewoman, shall be |
declared elected State central
committeeman and State central |
committeewoman from the district. At the
general primary |
election held in 1986 and every 4 years thereafter, if all a
|
party's candidates for State central committeemen or State |
central
committeewomen from a congressional district are of the |
same sex, the candidate
receiving the highest number of votes |
shall be declared elected a State central
committeeman or State |
|
central committeewoman from the district, and, because of
a |
failure to elect one male and one female to the committee, a |
vacancy shall be
declared to exist in the office of the second |
member of the State central
committee from the district. This |
vacancy shall be filled by appointment by
the congressional |
committee of the political party, and the person appointed to
|
fill the vacancy shall be a resident of the congressional |
district and of the
sex opposite that of the committeeman or |
committeewoman elected at the general
primary election. Each |
congressional committee shall make this appointment by
voting |
on the basis set forth in paragraph (e) of this Section.
|
The Chair Chairman of a State central committee composed as |
provided in this
Alternative B must be selected from the |
committee's members.
|
Except as provided for in Alternative A with respect to the |
selection of
the Chair Chairman of the State central committee, |
under both of the foregoing
alternatives, the
State
central
|
committee of each political party shall be composed of members |
elected
or appointed from the several congressional districts |
of the State,
and of no other person or persons whomsoever. The |
members of the State
central committee shall, within 41 days |
after each quadrennial election of
the full committee, meet in |
the city of Springfield and organize
by electing a Chair |
chairman , and may at such time
elect such officers from among |
their own number (or otherwise), as they
may deem necessary or |
expedient. The outgoing chair chairman of the State
central |
|
committee of the party shall, 10 days before the meeting, |
notify
each member of the State central committee elected at |
the primary of the
time and place of such meeting. In the |
organization and proceedings of
the State central committee, |
each State central committeeman and State
central |
committeewoman shall have one vote for each ballot voted in his |
or her
congressional district by the primary electors of his or |
her party at the
primary election immediately preceding the |
meeting of the State central
committee. Whenever a vacancy |
occurs in the State central committee of any
political party, |
the vacancy shall be filled by appointment of
the chairmen of |
the county central committees of the
political party
of the |
counties located within the congressional district in which the |
vacancy
occurs and,
if applicable, the ward and township |
committeepersons committeemen of the
political
party in |
counties of 2,000,000 or more inhabitants located within the
|
congressional
district. If the congressional district in which |
the vacancy occurs lies
wholly within a
county of 2,000,000 or |
more inhabitants, the ward and township committeepersons |
committeemen
of the political party in that congressional |
district shall vote to fill the
vacancy. In voting to fill the |
vacancy, each chair chairman of a county central
committee and
|
each ward and township committeeperson committeeman in |
counties of 2,000,000
or
more inhabitants shall have one vote |
for each ballot voted in each precinct of
the congressional |
district in which the vacancy exists of
his or her
county, |
|
township, or ward cast by the primary electors of his or her |
party
at the
primary election immediately preceding the meeting |
to fill the vacancy in the
State
central committee. The person |
appointed to fill the vacancy shall be a
resident of the
|
congressional district in which the vacancy occurs, shall be a |
qualified voter,
and, in a committee composed as provided in |
Alternative B, shall be of the
same
sex as his or her
|
predecessor. A political party may, by a majority vote of the
|
delegates of any State convention of such party, determine to |
return
to the election of State central committeeman and State |
central
committeewoman by the vote of primary electors.
Any |
action taken by a political party at a State convention in |
accordance
with this Section shall be reported to the State |
Board of Elections by the chair
chairman and secretary of such |
convention within 10 days after such action.
|
Ward, Township and Precinct Committeepersons Committeemen
|
(b) At the primary in 1972 and
at the general primary |
election every 4 years thereafter, each primary elector in |
cities having a
population of 200,000 or over may vote for one |
candidate of his party in
his ward for ward committeeperson |
committeeman . Each candidate for ward committeeperson |
committeeman
must be a resident of and in the ward where he |
seeks to be elected ward committeeperson
committeeman . The one |
having the highest number of votes shall be such
ward |
committeeperson committeeman of such party for such ward. At |
the primary election
in 1970 and at the general primary |
|
election every 4 years thereafter,
each primary elector in |
counties containing a population of 2,000,000 or
more, outside |
of cities containing a population of 200,000 or more, may
vote |
for one candidate of his party for township committeeperson |
committeeman . Each
candidate for township committeeperson |
committeeman must be a resident of and in the
township or part |
of a township (which lies outside of a city having a
population |
of 200,000 or more, in counties containing a population of
|
2,000,000 or more), and in which township or part of a township |
he seeks
to be elected township committeeperson committeeman . |
The one having the highest number
of votes shall be such |
township committeeperson committeeman of such party for such
|
township or part of a township. At the primary
in 1970 and at |
the general primary election every 2 years thereafter, each |
primary elector,
except in counties having a population of |
2,000,000 or over, may vote
for one candidate of his party in |
his precinct for precinct committeeperson
committeeman . Each |
candidate for precinct committeeperson committeeman must be a |
bona
fide resident of the precinct where he seeks to be elected |
precinct committeeperson
committeeman . The one having the |
highest number of votes shall be such
precinct committeeperson |
committeeman of such party for such precinct. The official
|
returns of the primary shall show the name of the |
committeeperson committeeman of each
political party.
|
Terms of Committeepersons Committeemen . All precinct |
committeepersons committeemen elected under the
provisions of |
|
this Article shall continue as such committeepersons |
committeemen until the
date of the primary to be held in the |
second year after their election.
Except as otherwise provided |
in this Section for certain State central committeepersons
|
committeemen who have 2 year terms, all State central |
committeepersons committeemen , township committeepersons
|
committeemen and ward committeepersons committeemen shall |
continue as such committeepersons committeemen
until the date |
of primary to be held in the fourth year after their
election. |
However, a vacancy exists in the office of precinct |
committeeperson committeeman
when a precinct committeeperson |
committeeman ceases to reside in the precinct in which he
was |
elected and such precinct committeeperson committeeman shall |
thereafter neither have
nor exercise any rights, powers or |
duties as committeeperson committeeman in that precinct,
even |
if a successor has not been elected or appointed.
|
(c) The Multi-Township Central Committee shall consist of |
the precinct committeepersons
committeemen of such party, in |
the multi-township assessing district formed
pursuant to |
Section 2-10 of the Property Tax Code and shall be organized |
for the purposes set forth in Section
45-25 of the Township |
Code. In the organization and proceedings of the
Multi-Township |
Central Committee each precinct committeeperson committeeman |
shall have one vote
for each ballot voted in his precinct by |
the primary electors of his party at
the primary at which he |
was elected.
|
|
County Central Committee
|
(d) The county central committee of each political party in |
each
county shall consist of the various township |
committeepersons committeemen , precinct committeepersons
|
committeemen and ward committeepersons committeemen , if any, |
of such party in the county.
In the organization and |
proceedings of the county central committee,
each precinct |
committeeperson committeeman shall have one vote for each |
ballot voted in
his precinct by the primary electors of his |
party at the primary at
which he was elected; each township |
committeeperson committeeman shall have one vote for
each |
ballot voted in his township or part of a township as the case |
may
be by the primary electors of his party at the primary |
election
for the nomination of candidates for election to the |
General Assembly
immediately preceding the meeting of the |
county central committee; and
in the organization and |
proceedings of the county central committee,
each ward |
committeeperson committeeman shall have one vote for each |
ballot voted in his
ward by the primary electors of his party |
at the primary election
for the nomination of candidates for |
election to the General Assembly
immediately preceding the |
meeting of the county central committee.
|
Cook County Board of Review Election District Committee
|
(d-1) Each board of review election district committee of |
each political
party in Cook County shall consist of the
|
various township committeepersons committeemen and ward |
|
committeepersons committeemen , if any, of that party in
the |
portions of the county composing the board of review election |
district. In
the organization and proceedings of each of the 3 |
election
district committees, each township committeeperson |
committeeman shall have one vote for each
ballot voted in his |
or her township or part of a township, as the case may be,
by
|
the primary electors of his or her party at the primary |
election immediately
preceding the meeting of the board of |
review election district committee; and
in the organization and |
proceedings of each of the 3 election district
committees, each |
ward committeeperson committeeman shall have one vote for each
|
ballot voted in
his or her ward or part of that ward, as the |
case may be, by the primary
electors of his or her party at the |
primary election immediately preceding the
meeting of the board |
of review election district committee.
|
Congressional Committee
|
(e) The congressional committee of each party in each |
congressional
district shall be composed of the chairmen of the |
county central
committees of the counties composing the |
congressional district, except
that in congressional districts |
wholly within the territorial limits of
one county, the |
precinct committeepersons
committeemen , township |
committeepersons committeemen and ward committeepersons |
committeemen , if any, of
the party representing the precincts |
within the limits of the
congressional district, shall compose |
the congressional committee. A
State central committeeperson |
|
committeeman in each district shall be a member and the chair
|
chairman or, when a district has 2 State central |
committeepersons committeemen , a co-chairperson co-chairman
of |
the congressional committee, but shall not have the right to
|
vote except in case of a tie.
|
In the organization and proceedings of congressional |
committees
composed of precinct committeepersons committeemen |
or township committeepersons committeemen or ward |
committeepersons
committeemen , or any combination thereof, |
each precinct committeeperson committeeman
shall have one vote |
for each ballot voted in his precinct by the primary
electors |
of his party at the primary at which he was elected, each
|
township committeeperson committeeman shall have one vote for |
each ballot voted in his
township or part of a township as the |
case may be by the primary
electors of his party at the primary |
election immediately preceding the
meeting of the |
congressional committee, and each ward committeeperson |
committeeman shall
have one vote for each ballot voted in each |
precinct of his ward located
in such congressional district by |
the primary electors of his party at
the primary election |
immediately preceding the meeting of the
congressional |
committee; and in the organization and proceedings of
|
congressional committees composed of the chairmen of the county |
central
committees of the counties within such district, each |
chair chairman of such
county central committee shall have one |
vote for each ballot voted in
his county by the primary |
|
electors of his party at the primary election
immediately |
preceding the meeting of the congressional committee.
|
Judicial District Committee
|
(f) The judicial district committee of each political party |
in each
judicial district shall be composed of the chair |
chairman of the county
central committees of the counties |
composing the judicial district.
|
In the organization and proceedings of judicial district |
committees
composed of the chairmen of the county central |
committees of the
counties within such district, each chair |
chairman of such county central
committee shall have one vote |
for each ballot voted in his county by the
primary electors of |
his party at the primary election immediately
preceding the |
meeting of the judicial district committee.
|
Circuit Court Committee
|
(g) The circuit court committee of each political party in |
each
judicial circuit outside Cook County shall be composed of |
the chairmen
of the county central committees of the counties |
composing the judicial
circuit.
|
In the organization and proceedings of circuit court |
committees, each chair
chairman of a county central committee |
shall have one vote for each
ballot voted in his county by the |
primary electors of his party at the
primary election |
immediately preceding the meeting of the circuit court
|
committee.
|
Judicial Subcircuit Committee
|
|
(g-1) The judicial subcircuit committee of each political |
party in
each judicial subcircuit in a judicial circuit divided |
into subcircuits
shall be composed of (i) the ward and township |
committeepersons committeemen
of the townships and wards |
composing the judicial subcircuit in Cook County and
(ii) the |
precinct committeepersons committeemen of the precincts
|
composing the judicial subcircuit in any county other than Cook |
County.
|
In the organization and proceedings of each judicial |
subcircuit committee,
each township committeeperson |
committeeman shall have one vote for each ballot voted in his
|
township or part of a township, as the case may be, in the |
judicial
subcircuit by the primary electors of his party at the |
primary election
immediately preceding the meeting of the |
judicial subcircuit committee;
each precinct committeeperson |
committeeman shall have one vote for each ballot voted in his
|
precinct or part of a precinct, as the case may be, in the |
judicial subcircuit
by the primary electors of his party at the |
primary election immediately
preceding the meeting of the |
judicial subcircuit committee;
and
each ward committeeperson |
committeeman shall have one vote for each ballot voted in his
|
ward or part of a ward, as the case may be, in the judicial |
subcircuit by
the primary electors of his party at the primary |
election immediately
preceding the meeting of the judicial |
subcircuit committee.
|
Municipal Central Committee
|
|
(h) The municipal central committee of each political party |
shall be
composed of the precinct, township or ward |
committeepersons committeemen , as the case may
be, of such |
party representing the precincts or wards, embraced in such
|
city, incorporated town or village. The voting strength of each
|
precinct, township or ward committeeperson committeeman on the |
municipal central
committee shall be the same as his voting |
strength on the county central
committee.
|
For political parties, other than a statewide political |
party,
established only within a municipality or
township, the |
municipal or township managing committee shall be composed
of |
the party officers of the local established party. The party |
officers
of a local established party shall be as follows: the |
chair chairman and
secretary of the caucus for those |
municipalities and townships authorized
by statute to nominate |
candidates by caucus shall serve as party officers
for the |
purpose of filling vacancies in nomination under Section
7-61; |
for municipalities and townships authorized by statute or |
ordinance
to nominate candidates by petition and primary |
election, the party officers
shall be the party's candidates |
who are nominated at the primary. If no party
primary was held |
because of the provisions of Section 7-5, vacancies in
|
nomination shall be filled by the party's remaining candidates |
who shall
serve as the party's officers.
|
Powers
|
(i) Each committee and its officers shall have the powers |
|
usually
exercised by such committees and by the officers |
thereof, not
inconsistent with the provisions of this Article. |
The several committees
herein provided for shall not have power |
to delegate any of their
powers, or functions to any other |
person, officer or committee, but this
shall not be construed |
to prevent a committee from appointing from its
own membership |
proper and necessary subcommittees.
|
(j) The State central committee of a political party which |
elects its
members by Alternative B under paragraph (a) of this |
Section shall adopt a
plan to give effect to the delegate |
selection rules of the national political
party and file a copy |
of such plan with the State Board of Elections when
approved by |
a national political party.
|
(k) For the purpose of the designation of a proxy by a |
Congressional
Committee to vote in place of an
absent State |
central committeeman or committeewoman at meetings of the
State |
central committee of a political party which elects its members |
by
Alternative B under paragraph (a) of this Section, the proxy |
shall be
appointed by the vote of the ward and township |
committeepersons committeemen , if any, of the
wards and |
townships which lie entirely or partially within the
|
Congressional District from which the absent State central |
committeeman or
committeewoman was elected and the vote of the |
chairmen of the county
central committees of those counties |
which lie entirely or partially within
that Congressional |
District and in which there are no ward or township |
|
committeepersons
committeemen . When voting for such proxy, the |
county chair chairman , ward committeeperson
committeeman or |
township committeeperson committeeman , as the case may be, |
shall have one
vote for each ballot voted in his county, ward |
or township, or portion
thereof within the Congressional |
District, by the primary electors of his
party at the primary |
at which he was elected. However, the absent State
central |
committeeman or committeewoman may designate a proxy when |
permitted
by the rules of a political party which elects its |
members by Alternative B
under paragraph (a) of this Section.
|
Notwithstanding any law to the contrary, a person is |
ineligible to hold the position of committeeperson in any |
committee established pursuant to this Section if he or she is |
statutorily ineligible to vote in a general election because of |
conviction of a felony. When a committeeperson is convicted of |
a felony, the position occupied by that committeeperson shall |
automatically become vacant.
|
(Source: P.A. 100-201, eff. 8-18-17.)
|
(10 ILCS 5/7-8.01) (from Ch. 46, par. 7-8.01)
|
Sec. 7-8.01.
The county board district committee of each |
political party in each
county board district created pursuant |
to "An Act relating to the
composition and election of county |
boards in certain counties", enacted by
the 76th General |
Assembly, shall consist of the precinct committeepersons |
committeemen of
the precincts included in the county board |
|
district.
|
(Source: P.A. 76-1651.)
|
(10 ILCS 5/7-8.02) (from Ch. 46, par. 7-8.02)
|
Sec. 7-8.02.
The State's Attorney committee for each group |
of counties
which jointly elect a State's Attorney and the |
Superintendent of Multi-County
Educational Service Region |
committee for each group of counties
which jointly elect a |
Superintendent of a Multi-County Educational
Service Region |
shall consist of the chairmen of the county
central committees |
of the counties composing such group of counties. In the
|
organization and proceedings of a State's Attorney or |
Superintendent of
Multi-County Educational Service Region |
committee, each chair chairman
of a county central committee |
shall have one vote for each ballot voted in
his or her county |
by the primary electors of his or her party at
the last primary |
of an even-numbered year.
|
(Source: P.A. 84-861.)
|
(10 ILCS 5/7-9) (from Ch. 46, par. 7-9)
|
Sec. 7-9. County central committee; county and State |
conventions.
|
(a) On the 29th day next succeeding the primary at which |
committeepersons
committeemen are elected, the county central |
committee of each political
party shall meet within the county |
and proceed to
organize by electing from its own number a chair |
|
chairman and either from its
own number, or otherwise, such |
other officers as such committee may deem
necessary or |
expedient. Such meeting of the county central committee
shall |
be known as the county convention.
|
The chair chairman of each county committee shall within 10 |
days after the
organization, forward to the State Board of |
Elections, the names and
post office addresses of the officers, |
precinct committeepersons committeemen and
representative |
committeepersons committeemen elected by his political party.
|
The county convention of each political party shall choose |
delegates
to the State convention of its party, if the party |
chooses to hold a State convention; but in any county having |
within
its limits any city having a population of 200,000, or |
over the
delegates from such city shall be chosen by wards, the |
ward committeepersons committeemen
from the respective wards |
choosing the number of delegates to which such
ward is entitled |
on the basis prescribed in paragraph (e) of this
Section such |
delegates to be members of the delegation to the State
|
convention from such county. In all counties containing a |
population of
2,000,000 or more outside of cities having a |
population of 200,000 or
more, the delegates from each of the |
townships or parts of townships as
the case may be shall be |
chosen by townships or parts of townships as
the case may be, |
the township committeepersons committeemen from the respective |
townships
or parts of townships as the case may be choosing the |
number of
delegates to which such townships or parts of |
|
townships as the case may
be are entitled, on the basis |
prescribed in paragraph (e) of this
Section such delegates to |
be members of the delegation to the State
convention from such |
county.
|
Each member of the State Central Committee of a political |
party which
elects its members by Alternative B under paragraph |
(a) of Section 7-8
shall be a delegate to the State Convention, |
if the party chooses to hold a State convention, ex officio.
|
Each member of the State Central Committee of a political |
party which
elects its members by Alternative B under paragraph |
(a) of Section 7-8 may
appoint 2 delegates to the State |
Convention, if the party chooses to hold a State convention, |
who must be residents of the
member's Congressional District.
|
(b) State conventions may be held within 180 days after the
|
general primary in the year 2000 and every 4 years thereafter. |
In the year 1998, and every 4 years thereafter,
the chair |
chairman of a State central committee may issue a call for a |
State
convention within 180 days after the general primary.
|
The State
convention of each political party, if the party |
chooses to hold a State convention, has power to make
|
nominations of candidates of its political party for the |
electors of
President and Vice President of the United States, |
and to adopt any party
platform, and, to the
extent determined |
by the State central committee as provided in Section
7-14, to |
choose and select delegates and alternate delegates at large to
|
national nominating conventions. The State Central Committee |
|
may adopt
rules to provide for and govern the procedures of the |
State convention.
|
(c) The chair chairman and secretary of each State |
convention, if the party chooses to hold a State convention, |
shall,
within 2 days thereafter, transmit to the State Board of |
Elections of
this State a certificate setting forth the names |
and addresses of all
persons nominated by such State convention |
for electors of President and
Vice President of the United |
States, and of any persons selected by the State
convention for
|
delegates and alternate delegates at large to national |
nominating
conventions; and the names of such candidates so |
chosen by such State
convention for electors of President and |
Vice President of the United
States, shall be caused by
the |
State Board of Elections to be printed upon the official ballot |
at
the general election, in the manner required by law, and |
shall be
certified to the various county clerks of the proper |
counties in the
manner as provided in Section 7-60 of this |
Article 7 for the certifying
of the names of persons nominated |
by any party for State offices. If and
as long as this Act |
prescribes that the names of such electors be not
printed on |
the ballot, then the names of such electors shall be
certified |
in such manner as may be prescribed by the parts of this Act
|
applicable thereto.
|
(d) Each convention, if the party chooses to hold a State |
convention, may perform all other functions inherent to such
|
political organization and not inconsistent with this Article.
|
|
(e) At least 33 days before the date of a State convention, |
if the party chooses to hold a State convention, the chair |
chairman of the State central committee of each political
party |
shall file in the principal office of the State Board of
|
Elections a call for the State convention. Such call shall |
state, among
other things, the time and place (designating the |
building or hall) for
holding the State convention. Such call |
shall be signed by the chair chairman
and attested by the |
secretary of the committee. In such convention each
county |
shall be entitled to one delegate for each 500 ballots voted by
|
the primary electors of the party in such county at the primary |
to be
held next after the issuance of such call; and if in such |
county, less
than 500 ballots are so voted or if the number of |
ballots so voted is
not exactly a multiple of 500, there shall |
be one delegate for such
group which is less than 500, or for |
such group representing the number
of votes over the multiple |
of 500, which delegate shall have 1/500 of
one vote for each |
primary vote so represented by him. The call for such
|
convention shall set forth this paragraph (e) of Section 7-9 in |
full and
shall direct that the number of delegates to be chosen |
be calculated in
compliance herewith and that such number of |
delegates be chosen.
|
(f) All precinct, township and ward committeepersons |
committeemen when elected as
provided in this Section shall |
serve as though elected at large
irrespective of any changes |
that may be made in precinct, township or
ward boundaries and |
|
the voting strength of each committeeperson committeeman shall
|
remain as provided in this Section for the entire time for |
which he is
elected.
|
(g) The officers elected at any convention provided for in |
this
Section shall serve until their successors are elected as |
provided in
this Act.
|
(h) A special meeting of any central committee may be |
called by the chair
chairman , or by not less than 25% of the |
members of such committee, by
giving 5 days notice to members |
of such committee in writing designating
the time and place at |
which such special meeting is to be held and the
business which |
it is proposed to present at such special meeting.
|
(i) Except as otherwise provided in this Act, whenever a |
vacancy
exists in the office of precinct committeeperson |
committeeman because no one was elected
to that office or |
because the precinct committeeperson committeeman ceases to |
reside in
the precinct or for any other reason, the chair |
chairman of the county
central committee of the appropriate |
political party may fill the
vacancy in such office by |
appointment of a qualified resident of the
county and the |
appointed precinct committeeperson committeeman shall serve as |
though
elected; however, no such appointment may be made |
between the general
primary election and the 30th day after the |
general primary election.
|
(j) If the number of Congressional Districts in the State |
of Illinois
is reduced as a result of reapportionment of |
|
Congressional Districts
following a federal decennial census, |
the State Central Committeemen and
Committeewomen of a |
political
party which elects its State Central
Committee by |
either Alternative A or by Alternative B under paragraph (a)
of |
Section 7-8 who were
previously elected shall continue to serve |
as if no reapportionment had
occurred until the expiration of |
their terms.
|
(Source: P.A. 99-522, eff. 6-30-16.)
|
(10 ILCS 5/7-9.1) (from Ch. 46, par. 7-9.1)
|
Sec. 7-9.1.
(a) Except as otherwise provided in this Act, |
whenever
a vacancy exists in
the office of delegate to a State |
or national nominating convention by
reason of death or for any |
other reason, then the alternate receiving the
highest vote |
shall succeed to the vacated office and exercise all the
rights |
and prerogatives and discharge all the duties of the office. |
The
vacated office of alternate shall be filled by the |
congressional committee
of the district.
|
(b) Vacancies, whether temporary or permanent, in the |
office of delegate
to the national nominating convention of a |
political party whose State Central
Committee uses Alternative |
B of Section 7-14.1 shall be filled by alternate
delegates in |
the following order:
|
1. Alternates from the same District with same Presidential |
preference;
|
2. Alternates from other Districts with same Presidential |
|
preference;
|
3. Alternate at-large delegates with same Presidential |
preference;
|
4. Alternates from the same District with different |
Presidential preference;
|
5. Alternates from other Districts with different |
Presidential preference;
|
6. Alternate at-large delegates with different |
Presidential preference.
|
Unpledged delegates shall be replaced by unpledged |
alternates.
|
Each delegate shall certify in writing the order of his |
succession of alternates
to the chair chairman of the State's |
delegation.
|
The delegation shall, as soon as practicable, fill a |
vacancy in the position
of alternate delegate by choosing, in |
accord with its rules, a person of
the same Presidential |
preference and from the same political subdivision.
|
The alternate succeeding to the vacated office shall |
exercise all the rights
and prerogatives of the office and |
discharge all the duties of the office.
|
(Source: P.A. 83-32.)
|
(10 ILCS 5/7-10) (from Ch. 46, par. 7-10)
|
Sec. 7-10. Form of petition for nomination. The name of no |
candidate for
nomination, or State central committeeperson |
|
committeeman , or township committeeperson committeeman , or
|
precinct committeeperson committeeman , or ward committeeperson |
committeeman or candidate for delegate or
alternate delegate to |
national nominating conventions, shall be printed
upon the |
primary ballot unless a petition for nomination has been filed |
in
his behalf as provided in this Article in substantially the |
following form:
|
We, the undersigned, members of and affiliated with the |
.... party
and qualified primary electors of the .... party, in |
the .... of ....,
in the county of .... and State of Illinois, |
do hereby petition that
the following named person or persons |
shall be a candidate or candidates
of the .... party for the |
nomination for (or in case of committeepersons committeemen for
|
election to) the office or offices hereinafter specified, to be |
voted
for at the primary election to be held on (insert date).
|
|
Name |
Office |
Address |
|
John Jones |
Governor |
Belvidere, Ill. |
|
Jane James | Lieutenant Governor | Peoria, Ill. |
|
Thomas Smith |
Attorney General |
Oakland, Ill. |
|
Name.................. Address.......................
|
State of Illinois)
|
) ss.
|
County of........)
|
I, ...., do hereby certify
that I reside at No. .... |
|
street, in the .... of ...., county of ....,
and State of |
....., that I am 18 years of age or older, that
I am a citizen |
of the United States, and that the signatures on this sheet
|
were signed
in my presence, and are genuine, and that to the |
best of my knowledge
and belief the persons so signing were at |
the time of signing the
petitions qualified voters of the .... |
party, and that their respective
residences are correctly |
stated, as above set forth.
|
.........................
|
Subscribed and sworn to before me on (insert date).
|
.........................
|
Each sheet of the petition other than the statement of |
candidacy and
candidate's statement shall be of uniform size |
and shall contain above
the space for signatures an appropriate |
heading giving the information
as to name of candidate or |
candidates, in whose behalf such petition is
signed; the |
office, the political party represented and place of
residence; |
and the heading of each sheet shall be the same.
|
Such petition shall be signed by qualified primary electors |
residing
in the political division for which the nomination is |
sought in their
own proper persons only and opposite the |
signature of each signer, his
residence address shall be |
written or printed. The residence address
required to be |
written or printed opposite each qualified primary elector's
|
name shall include the street address or rural route number of |
|
the signer,
as the case may be, as well as the signer's county, |
and city, village or
town, and state.
However the county or |
city, village or town, and state of residence of
the electors |
may be printed on the petition forms where all of the
electors |
signing the petition reside in the same county or city, village
|
or town, and state. Standard abbreviations may be used in |
writing the
residence address, including street number, if any. |
At the bottom of
each sheet of such petition shall be added a |
circulator statement signed by
a person 18 years of age or |
older who is a citizen of the United States,
stating the street |
address or rural route number, as the case may be, as well
as |
the county, city, village or town, and state;
and certifying |
that the signatures on that sheet of the petition were signed |
in
his or her presence and certifying that the signatures are |
genuine; and
either (1) indicating the dates on which that |
sheet was circulated, or (2)
indicating the first and last |
dates on which the sheet was circulated, or (3)
certifying that |
none of the signatures on the sheet were signed more than 90
|
days preceding the last day for the filing of the petition and |
certifying that
to the best of his or her knowledge and belief |
the persons so signing were at
the time of signing the |
petitions qualified voters of the political party for
which a |
nomination is sought. Such statement shall be sworn to before |
some
officer authorized to administer oaths in this State.
|
No petition sheet shall be circulated more than 90 days |
preceding the
last day provided in Section 7-12 for the filing |
|
of such petition.
|
The person circulating the petition, or the candidate on |
whose behalf the
petition is circulated, may strike any |
signature from the petition,
provided that:
|
(1) the person striking the signature shall initial the |
petition at
the place where the signature is struck; and
|
(2) the person striking the signature shall sign a |
certification
listing the page number and line number of |
each signature struck from
the petition. Such |
certification shall be filed as a part of the petition.
|
Such sheets before being filed shall be neatly fastened |
together in
book form, by placing the sheets in a pile and |
fastening them together
at one edge in a secure and suitable |
manner, and the sheets shall then
be numbered consecutively. |
The sheets shall not be fastened by pasting
them together end |
to end, so as to form a continuous strip or roll. All
petition |
sheets which are filed with the proper local election |
officials,
election authorities or the State Board of Elections |
shall be the original
sheets which have been signed by the |
voters and by the circulator thereof,
and not photocopies or |
duplicates of such sheets. Each petition must include
as a part |
thereof, a statement of candidacy for each of the candidates |
filing,
or in whose behalf the petition is filed. This |
statement shall set out the
address of such candidate, the |
office for which he is a candidate, shall state
that the |
candidate is a qualified primary voter of the party to which |
|
the
petition relates and is qualified for the office specified |
(in the case of a
candidate for State's Attorney it shall state |
that the candidate is at the time
of filing such statement a |
licensed attorney-at-law of this State), shall state
that he |
has filed (or will file before the close of the petition filing |
period)
a statement of economic interests as required by the |
Illinois Governmental
Ethics Act, shall request that the |
candidate's name be placed upon the official
ballot, and shall |
be subscribed and sworn to by such candidate before some
|
officer authorized to take acknowledgment of deeds in the State |
and shall be in
substantially the following form:
|
Statement of Candidacy
|
|
Name |
Address |
Office |
District |
Party |
|
John Jones |
102 Main St. |
Governor |
Statewide |
Republican |
|
|
Belvidere, |
|
|
|
|
|
Illinois |
|
|
|
|
State of Illinois)
|
) ss.
|
County of .......)
|
I, ...., being first duly sworn, say that I reside at .... |
Street in the city
(or village) of ...., in the county of ...., |
State of Illinois; that I
am a qualified voter therein and am a |
qualified primary voter of the ....
party; that I am a |
candidate for nomination (for election in the case of |
committeeperson
committeeman and delegates and alternate |
|
delegates) to the office of ....
to be voted upon at the |
primary election to be held on (insert date); that I am
legally |
qualified (including
being the holder of any license that may |
be an eligibility requirement
for the office I seek the |
nomination for) to hold such office and that I
have filed (or I |
will file before the close of the petition filing period)
a |
statement of economic interests as required by the Illinois
|
Governmental Ethics Act and I hereby request that my name be |
printed
upon the official primary ballot for nomination for (or |
election to in
the case of committeepersons committeemen and |
delegates and alternate delegates) such
office.
|
Signed ......................
|
Subscribed and sworn to (or affirmed) before me by ...., |
who is to me
personally known, on (insert date).
|
Signed ....................
|
(Official Character)
|
(Seal, if officer has one.)
|
The petitions, when filed, shall not be withdrawn or added |
to, and no
signatures shall be revoked except by revocation |
filed in writing with
the State Board of Elections, election |
authority or local election
official with whom the petition is |
required to be filed, and before the
filing of such petition. |
Whoever forges the name of a signer upon any
petition required |
by this Article is deemed guilty of a forgery and on
conviction |
thereof shall be punished accordingly.
|
|
A candidate for the offices listed in this Section must |
obtain the number
of signatures specified in this Section on |
his or her petition for nomination.
|
(a) Statewide office or delegate to a national nominating |
convention. If a
candidate seeks to run for statewide office or |
as a delegate or alternate
delegate to a national nominating |
convention elected from the State at-large,
then the |
candidate's petition for nomination must contain at least 5,000 |
but
not more than 10,000 signatures.
|
(b) Congressional office or congressional delegate to a |
national nominating
convention. If a candidate seeks to run for |
United States Congress or as a
congressional delegate or |
alternate congressional delegate to a national
nominating |
convention elected from a congressional district, then the
|
candidate's petition for nomination must contain at least the |
number of
signatures equal to 0.5% of the qualified primary |
electors of his or her party
in his or her congressional |
district. In the first primary election following a
|
redistricting of congressional districts, a candidate's |
petition for nomination
must contain at least 600 signatures of |
qualified primary electors of the
candidate's political party |
in his or her congressional district.
|
(c) County office. If a candidate seeks to run for any |
countywide office,
including but not limited to county board |
chairperson or county board
member, elected on an at-large |
basis, in a county other than Cook County,
then the candidate's |
|
petition for nomination must contain at least the number
of |
signatures equal to 0.5% of the qualified electors of his or |
her party who
cast votes at the last preceding general election |
in his or her county. If a
candidate
seeks to run for county |
board member elected from a county board district, then
the |
candidate's petition for nomination must contain at least the |
number of
signatures equal to 0.5% of the qualified primary |
electors of his or her party
in the
county board district. In |
the first primary election following a redistricting
of county |
board districts or the initial establishment of county board
|
districts, a candidate's petition for nomination must contain |
at least the
number of signatures equal to 0.5% of the |
qualified electors of his or her
party
in the entire county who |
cast votes at the last preceding general election
divided by |
the
total number of county board districts comprising the |
county board; provided
that
in no event shall the number of |
signatures be less than 25.
|
(d) County office; Cook County only.
|
(1) If a candidate seeks to run for countywide office |
in Cook County,
then the candidate's petition for |
nomination must contain at least the number
of signatures |
equal to 0.5% of the qualified electors of his or her party |
who
cast votes at the last preceding general election in |
Cook County.
|
(2) If a candidate seeks to run for Cook County Board |
Commissioner,
then the candidate's petition for nomination |
|
must contain at least the number
of signatures equal to |
0.5% of
the qualified primary electors of his or her party |
in his or her county board
district. In the first primary |
election following a redistricting of Cook
County Board of |
Commissioners districts, a candidate's petition for
|
nomination must contain at least the number of signatures |
equal to 0.5% of
the qualified electors of his or her party |
in the entire county who cast votes
at the last
preceding |
general election divided by the total number of county |
board
districts comprising the county board; provided that |
in no event shall the
number of signatures be less than 25.
|
(3) If a candidate seeks to run for Cook County Board |
of Review
Commissioner, which is elected from a district |
pursuant to subsection (c)
of Section 5-5 of the Property |
Tax Code, then the candidate's petition for
nomination must |
contain at least the number of signatures equal to 0.5% of
|
the total number of registered voters in his or her board |
of
review district in the last general election at which a |
commissioner was
regularly scheduled to be elected from |
that board of review district. In no
event shall the number |
of signatures required be greater than the requisite
number |
for a candidate who seeks countywide office in Cook County
|
under subsection (d)(1) of this Section. In the first |
primary election
following a redistricting of Cook County |
Board of Review districts, a
candidate's petition for |
nomination must contain at least 4,000 signatures
or at |
|
least the number of signatures required for a countywide |
candidate in
Cook County, whichever is less,
of the |
qualified electors of his or her party in the district.
|
(e) Municipal or township office. If a candidate seeks to |
run for municipal
or township office, then the candidate's |
petition for nomination must contain
at least the number of |
signatures equal to 0.5% of the qualified primary
electors of |
his or her party in the municipality or township. If a |
candidate
seeks to run for alderman of a municipality, then the |
candidate's petition for
nomination must contain at least the |
number of signatures equal to 0.5% of the
qualified primary |
electors of his or her party of the ward. In the first
primary |
election following redistricting of aldermanic wards or |
trustee
districts of a municipality or the initial |
establishment of wards or districts,
a candidate's petition for |
nomination must contain the number of signatures
equal to at |
least 0.5% of the total number of votes cast for the candidate |
of
that political party who received the highest number of |
votes in the entire
municipality at the last regular election |
at which an officer was regularly
scheduled to be elected from
|
the entire municipality, divided by the number of wards or |
districts. In no
event shall the number of signatures be less |
than 25.
|
(f) State central committeeperson. If a candidate seeks to |
run for State
central committeeperson, then the candidate's |
petition for nomination must
contain at least 100 signatures of |
|
the primary electors of his or her party of
his or
her |
congressional district.
|
(g) Sanitary district trustee. If a candidate seeks to run |
for trustee of a
sanitary district in which trustees are not |
elected from wards, then the
candidate's petition for |
nomination must contain at least the number of
signatures equal |
to 0.5% of the primary electors of his or her party from the
|
sanitary district. If a candidate seeks to run for trustee
of a |
sanitary district in which trustees are elected from wards, |
then the
candidate's petition for
nomination must contain at |
least the number of signatures equal to 0.5% of the
primary |
electors of his or her party in the ward of that sanitary |
district. In
the
first primary election following |
redistricting of sanitary districts elected
from wards, a |
candidate's petition for nomination must contain at least the
|
signatures of 150 qualified primary electors of his or her ward |
of that
sanitary district.
|
(h) Judicial office. If a candidate seeks to run for |
judicial office in a district, then the candidate's petition |
for nomination must contain the number of signatures equal to |
0.4% of the number of votes cast in that district for the |
candidate for his or her political party for the office of |
Governor at the last general election at which a Governor was |
elected, but in no event less than 500 signatures. If a |
candidate seeks to run for judicial office in a
circuit or |
subcircuit, then the candidate's petition for nomination
must |
|
contain the number of signatures equal to 0.25% of the number |
of votes
cast for the judicial candidate of his or her |
political party who received the
highest number of votes
at the |
last general election at which a judicial
officer from the same |
circuit or subcircuit was regularly scheduled
to be elected, |
but in no event less than 1,000 signatures in circuits and |
subcircuits located in the First Judicial District or 500 |
signatures in every other Judicial District.
|
(i) Precinct, ward, and township committeeperson. If a |
candidate seeks to
run for precinct committeeperson, then the |
candidate's petition for nomination
must contain at least 10 |
signatures of the primary electors of his or her
party for the |
precinct. If a candidate seeks to run for ward committeeperson,
|
then the candidate's petition for nomination must contain no |
less than the
number of signatures equal to 10% of the primary |
electors of his or her party
of the ward, but no more than 16% |
of those same electors; provided that the
maximum number of |
signatures may be 50 more than the minimum number, whichever
is |
greater. If a candidate seeks to run for township |
committeeperson, then the
candidate's petition for nomination |
must contain no less than the number of
signatures equal to 5% |
of the primary electors of his or her party of the
township, |
but no more than 8% of those same electors;
provided that the |
maximum number of signatures may be 50 more than the
minimum |
number, whichever is greater.
|
(j) State's attorney or regional superintendent of schools |
|
for multiple
counties. If
a candidate seeks to run for State's |
attorney or regional Superintendent of
Schools who serves more |
than one county, then the candidate's petition for
nomination |
must contain at least the number of signatures equal to 0.5% of |
the
primary electors of his or her party in the territory |
comprising the counties.
|
(k) Any other office. If a candidate seeks any other |
office, then the
candidate's petition for nomination must |
contain at least the number of
signatures equal to 0.5% of the |
registered voters of the political subdivision,
district, or |
division for which the nomination is made or 25 signatures,
|
whichever is greater.
|
For purposes of this Section the number of primary electors |
shall be
determined by taking the total vote cast, in the |
applicable district, for the
candidate for that political party |
who received the highest number of votes,
statewide, at the |
last general election in the State at which electors for
|
President of the United States were elected. For political |
subdivisions, the
number of primary electors shall be |
determined by taking the total vote
cast for the candidate for |
that political party who received the highest number
of votes |
in the political subdivision at the last regular election at |
which an
officer was regularly scheduled to be elected from |
that subdivision. For wards
or districts of political |
subdivisions, the number of primary electors shall be
|
determined by taking the total vote cast for the candidate for |
|
that political
party who received the highest number of votes |
in the ward or district at the
last regular election at which |
an officer was regularly scheduled to be elected
from that ward |
or district.
|
A "qualified primary elector" of a party may not
sign |
petitions for or be a candidate in the primary of more than
one |
party.
|
The changes made to this Section of this amendatory Act of |
the 93rd General
Assembly are declarative of existing law, |
except for item (3) of subsection
(d).
|
Petitions of candidates for nomination for offices herein |
specified,
to be filed with the same officer, may contain the |
names of 2 or more
candidates of the same political party for |
the same or different
offices. In the case of the offices of |
Governor and Lieutenant Governor, a joint petition including |
one candidate for each of those offices must be filed.
|
(Source: P.A. 96-1018, eff. 1-1-11; 97-81, eff. 7-5-11.)
|
(10 ILCS 5/7-11) (from Ch. 46, par. 7-11)
|
Sec. 7-11.
Any candidate for President of the United States |
may have his name
printed upon the primary ballot of his |
political party by filing in the
office of the State Board of |
Elections not more than 113 and not less
than 106 days prior to |
the date of the general primary, in any year in which a
|
Presidential election is to be held, a petition signed by not |
less than
3000 or more than 5000 primary electors, members of |
|
and affiliated with the
party of which he is a candidate, and |
no candidate for President of the
United States, who fails to |
comply with the provisions of this Article
shall have his name |
printed upon any primary ballot: Provided, however,
that if the |
rules or policies of a national political
party conflict with |
such requirements for filing petitions for President of
the |
United States in a presidential preference primary, the Chair |
Chairman of the
State central committee of such national |
political party shall notify the
State Board of Elections in |
writing, citing by reference the rules or
policies of the |
national political party in conflict, and in such case the
|
Board shall direct such petitions to be filed in accordance |
with the delegate selection plan adopted by the state central |
committee of such national political party. Provided, further, |
unless rules
or policies of a national political party |
otherwise provide, the
vote for President of the United States, |
as herein provided for, shall be
for the sole purpose of |
securing an expression of the sentiment and will of
the party |
voters with respect to candidates for nomination for said |
office,
and the vote of the state at large shall be taken and |
considered as
advisory to the delegates and alternates at large |
to the national
conventions of respective political parties; |
and the vote of the respective
congressional districts shall be |
taken and considered as advisory to the
delegates and |
alternates of said congressional districts to the national
|
conventions of the respective political parties.
|
|
(Source: P.A. 96-1008, eff. 7-6-10; 97-81, eff. 7-5-11.)
|
(10 ILCS 5/7-12) (from Ch. 46, par. 7-12)
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Sec. 7-12. All petitions for nomination shall be filed by |
mail or
in person as follows: |
(1) Where the nomination is to be made for a State, |
congressional, or
judicial office, or for any office a |
nomination for which is made for a
territorial division or |
district which comprises more than one county or
is partly |
in one county and partly in another county or counties, |
then,
except as otherwise provided in this Section, such |
petition for nomination
shall be filed in the principal |
office of the State Board of Elections not
more than 113 |
and not less than 106 days prior to the date of the |
primary,
but, in the case of petitions for nomination to |
fill a vacancy by special
election in the office of |
representative in Congress from this State, such
petition |
for nomination shall be filed in the principal office of |
the State
Board of Elections not more than 85 days and not |
less than 82 days prior to
the date of the primary.
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Where a vacancy occurs in the office of Supreme, |
Appellate or Circuit
Court Judge within the 3-week period |
preceding the 106th day before a
general primary election, |
petitions for nomination for the office in which
the |
vacancy has occurred shall be filed in the principal office |
of the
State Board of Elections not more than 92 nor less |
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than 85 days prior to
the date of the general primary |
election.
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Where the nomination is to be made for delegates or |
alternate
delegates to a national nominating convention, |
then such petition for
nomination shall be filed in the |
principal office of the State Board of
Elections not more |
than 113 and not less than 106 days prior to the date of
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the primary; provided, however, that if the rules or |
policies of a national
political party conflict with such |
requirements for filing petitions for
nomination for |
delegates or alternate delegates to a national nominating
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convention, the chair chairman of the State central |
committee of such national
political party shall notify the |
Board in writing, citing by reference the
rules or policies |
of the national political party in conflict, and in such
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case the Board shall direct such petitions to be filed in |
accordance with the delegate selection plan adopted by the |
state central committee of such national political party.
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(2) Where the nomination is to be made for a county |
office or trustee
of a sanitary district then such petition |
shall be filed in the office
of the county clerk not more |
than 113 nor less than 106 days prior to the
date of the |
primary.
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(3) Where the nomination is to be made for a municipal |
or township
office, such petitions for nomination shall be |
filed in the office of
the local election official, not |
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more than 99 nor less than 92 days
prior to the date of the |
primary; provided, where a municipality's or
township's |
boundaries are coextensive with or are entirely within the
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jurisdiction of a municipal board of election |
commissioners, the petitions
shall be filed in the office |
of such board; and provided, that petitions
for the office |
of multi-township assessor shall be filed with the election
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authority.
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(4) The petitions of candidates for State central |
committeeperson committeeman shall
be filed in the |
principal office of the State Board of Elections not
more |
than 113 nor less than 106 days prior to the date of the |
primary.
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(5) Petitions of candidates for precinct, township or |
ward committeepersons
committeemen shall be filed in the |
office of the county clerk not more
than 113 nor less than |
106 days prior to the date of the primary.
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(6) The State Board of Elections and the various |
election authorities
and local election officials with |
whom such petitions for nominations
are filed shall specify |
the place where filings shall be made and upon
receipt |
shall endorse thereon the day and hour on which each |
petition
was filed. All petitions filed by persons waiting |
in line as of 8:00
a.m. on the first day for filing, or as |
of the normal opening hour of
the office involved on such |
day, shall be deemed filed as of 8:00 a.m.
or the normal |
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opening hour, as the case may be. Petitions filed by mail
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and received after midnight of the first day for filing and |
in the first
mail delivery or pickup of that day shall be |
deemed as filed as of 8:00
a.m. of that day or as of the |
normal opening hour of such day, as the
case may be. All |
petitions received thereafter shall be deemed as filed
in |
the order of actual receipt. However, 2 or more petitions |
filed within the last hour of the filing deadline shall be |
deemed filed simultaneously. Where 2 or more petitions are |
received
simultaneously, the State Board of Elections or |
the various election
authorities or local election |
officials with whom such petitions are
filed shall break |
ties and determine the order of filing, by means of a
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lottery or other fair and impartial method of random |
selection approved
by the State Board of Elections. Such |
lottery shall be conducted within
9 days following the last |
day for petition filing and shall be open to the
public. |
Seven days written notice of the time and place of |
conducting such
random selection shall be given by the |
State Board of Elections to the chair
chairman of the State |
central committee of each established political
party, and |
by each election authority or local election official, to |
the
County Chair Chairman of each established political |
party, and to each
organization of citizens within the |
election jurisdiction which was
entitled, under this |
Article, at the next preceding election, to have
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pollwatchers present on the day of election. The State |
Board of Elections,
election authority or local election |
official shall post in a conspicuous,
open and public |
place, at the entrance of the office, notice of the time
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and place of such lottery. The State Board of Elections |
shall adopt rules
and regulations governing the procedures |
for the conduct of such lottery.
All candidates shall be |
certified in the order in which their petitions
have been |
filed. Where candidates have filed simultaneously, they |
shall be
certified in the order determined by lot and prior |
to candidates who filed
for the same office at a later |
time.
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(7) The State Board of Elections or the appropriate |
election
authority or local election official with whom |
such a petition for
nomination is filed shall notify the |
person for whom a petition for
nomination has been filed of |
the obligation to file statements of
organization, reports |
of campaign contributions, and annual reports of
campaign |
contributions and expenditures under Article 9 of this Act.
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Such notice shall be given in the manner prescribed by |
paragraph (7) of
Section 9-16 of this Code.
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(8) Nomination papers filed under this Section are not |
valid if the
candidate named therein fails to file a |
statement of economic interests
as required by the Illinois |
Governmental Ethics Act in relation to his
candidacy with |
the appropriate officer by the end of the period for the
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filing of nomination papers unless he has filed a statement |
of economic
interests in relation to the same governmental |
unit with that officer
within a year preceding the date on |
which such nomination papers were
filed. If the nomination |
papers of any candidate and the statement of
economic |
interest of that candidate are not required to be filed |
with
the same officer, the candidate must file with the |
officer with whom the
nomination papers are filed a receipt |
from the officer with whom the
statement of economic |
interests is filed showing the date on which such
statement |
was filed. Such receipt shall be so filed not later than |
the
last day on which nomination papers may be filed.
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(9) Any person for whom a petition for nomination, or |
for committeeperson committeeman or
for delegate or |
alternate delegate to a national nominating convention has
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been filed may cause his name to be withdrawn by request in |
writing, signed
by him and duly acknowledged before an |
officer qualified to take
acknowledgments of deeds, and |
filed in the principal or permanent branch
office of the |
State Board of Elections or with the appropriate election
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authority or local election official, not later than the |
date of
certification of candidates for the consolidated |
primary or general primary
ballot. No names so withdrawn |
shall be certified or printed on the
primary ballot. If |
petitions for nomination have been filed for the
same |
person with respect to more than one political party, his |
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name
shall not be certified nor printed on the primary |
ballot of any party.
If petitions for nomination have been |
filed for the same person for 2 or
more offices which are |
incompatible so that the same person could not
serve in |
more than one of such offices if elected, that person must
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withdraw as a candidate for all but one of such offices |
within the
5 business days following the last day for |
petition filing. A candidate in a judicial election may |
file petitions for nomination for only one vacancy in a |
subcircuit and only one vacancy in a circuit in any one |
filing period, and if petitions for nomination have been |
filed for the same person for 2 or more vacancies in the |
same circuit or subcircuit in the same filing period, his |
or her name shall be certified only for the first vacancy |
for which the petitions for nomination were filed. If he |
fails to
withdraw as a candidate for all but one of such |
offices within such time
his name shall not be certified, |
nor printed on the primary ballot, for any
office. For the |
purpose of the foregoing provisions, an office in a
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political party is not incompatible with any other office.
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(10)(a) Notwithstanding the provisions of any other |
statute, no primary
shall be held for an established |
political party in any township,
municipality, or ward |
thereof, where the nomination of such
party for every |
office to be voted upon by the electors of such
township, |
municipality, or ward thereof, is uncontested. Whenever a
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political party's nomination of candidates is uncontested |
as to one or
more, but not all, of the offices to be voted |
upon by the electors of a
township, municipality, or ward |
thereof, then a primary shall
be held for that party in |
such township, municipality, or ward thereof;
provided |
that the primary ballot shall not include those offices
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within such township, municipality, or ward thereof, for |
which the
nomination is uncontested. For purposes of this |
Article, the nomination
of an established political party |
of a candidate for election to an office
shall be deemed to |
be uncontested where not more than the number of persons
to |
be nominated have timely filed valid nomination papers |
seeking the
nomination of such party for election to such |
office.
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(b) Notwithstanding the provisions of any other |
statute, no primary
election shall be held for an |
established political party for any special
primary |
election called for the purpose of filling a vacancy in the |
office
of representative in the United States Congress |
where the nomination of
such political party for said |
office is uncontested. For the purposes of
this Article, |
the nomination of an established political party of a
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candidate for election to said office shall be deemed to be |
uncontested
where not more than the number of persons to be |
nominated have timely filed
valid nomination papers |
seeking the nomination of such established party
for |
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election to said office. This subsection (b) shall not |
apply if such
primary election is conducted on a regularly |
scheduled election day.
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(c) Notwithstanding the provisions in subparagraph (a) |
and (b) of this
paragraph (10), whenever a person who has |
not timely filed valid nomination
papers and who intends to |
become a write-in candidate for a political
party's |
nomination for any office for which the nomination is |
uncontested
files a written statement or notice of that |
intent with the State Board of
Elections or the local |
election official with whom nomination papers for
such |
office are filed, a primary ballot shall be prepared and a |
primary
shall be held for that office. Such statement or |
notice shall be filed on
or before the date established in |
this Article for certifying candidates
for the primary |
ballot. Such statement or notice shall contain (i) the
name |
and address of the person intending to become a write-in |
candidate,
(ii) a statement that the person is a qualified |
primary elector of the
political party from whom the |
nomination is sought, (iii) a statement that
the person |
intends to become a write-in candidate for the party's
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nomination, and (iv) the office the person is seeking as a |
write-in
candidate. An election authority shall have no |
duty to conduct a primary
and prepare a primary ballot for |
any office for which the nomination is
uncontested unless a |
statement or notice meeting the requirements of this
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Section is filed in a timely manner.
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(11) If multiple sets of nomination papers are filed |
for a candidate to
the same office, the State Board of |
Elections, appropriate election
authority or local |
election official where the petitions are filed shall
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within 2 business days notify the candidate of his or her |
multiple petition
filings and that the candidate has 3 |
business days after receipt of the
notice to notify the |
State Board of Elections, appropriate election
authority |
or local election official that he or she may cancel prior |
sets
of petitions. If the candidate notifies the State |
Board of Elections,
appropriate election authority or |
local election official, the last set of
petitions filed |
shall be the only petitions to be considered valid by the
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State Board of Elections, election authority or local |
election official. If
the candidate fails to notify the |
State Board of Elections, election authority
or local
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election official then only the first set of petitions |
filed shall be valid
and all subsequent petitions shall be |
void.
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(12) All nominating petitions shall be available for |
public inspection
and shall be preserved for a period of |
not less than 6 months.
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(Source: P.A. 99-221, eff. 7-31-15.)
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(10 ILCS 5/7-13) (from Ch. 46, par. 7-13)
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Sec. 7-13.
The board of election commissioners in cities of |
500,000 or more
population having such board, shall constitute |
an electoral board for the
hearing and passing upon objections |
to nomination petitions for ward committeepersons
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committeemen .
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Such objections shall be filed in the office of the county |
clerk within 5 business days after the last day for filing |
nomination papers. The objection shall state the name
and |
address of the objector, who may be any qualified elector in |
the ward,
the specific grounds of objection and the relief |
requested of the electoral
board. Upon the receipt of the |
objection, the county clerk shall forthwith
transmit such |
objection and the petition of the candidate to the board of
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election commissioners. The board of election commissioners |
shall forthwith
notify the objector and candidate objected to |
of the time and place for
hearing hereon. After a hearing upon |
the validity of such objections, the
board shall
certify to the |
county clerk its decision stating whether or not the name
of |
the candidate shall be printed on the ballot and the county |
clerk in his
or her certificate to the board of election |
commissioners shall leave off
of the certificate the name of |
the candidate for ward committeeperson committeeman that the
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election commissioners order not to be printed on the ballot. |
However, the
decision of the board of election commissioners is |
subject to judicial
review as provided in Section 10-10.1.
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The county electoral board composed as provided in Section |
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10-9 shall
constitute an electoral board for the hearing and |
passing upon objections
to nomination petitions for precinct |
and township committeepersons committeemen . Such
objections |
shall be filed in the office of the county clerk within 5 |
business days after the last day for filing nomination papers. |
The objection shall state the name and
address of the objector |
who may be any qualified elector in the precinct or
in the |
township or part of a township that lies outside of a city |
having a
population of 500,000 or more, the specific grounds of |
objection and the
relief requested of the electoral board. Upon |
the receipt of the objection
the county clerk shall forthwith |
transmit such objection and the petition
of the candidate to |
the chair chairman of the county electoral board. The chair
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chairman of the county electoral board shall forthwith notify |
the objector,
the candidate whose petition is objected to and |
the other members of the
electoral board of the time and place |
for hearing thereon. After hearing
upon the validity of such |
objections the board shall certify its decision to the county |
clerk
stating whether or not the name of the candidate shall be |
printed on the
ballot, and the county clerk, in his or her |
certificate to the board of
election commissioners, shall leave |
off of the certificate the name of the
candidate ordered by the |
board not to be printed on the ballot, and the
county clerk |
shall also refrain from printing on the official primary
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ballot, the name of any candidate whose name has been ordered |
by the
electoral board not to be printed on the ballot. |
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However, the decision of
the board is subject to judicial |
review as provided in Section 10-10.1.
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In such proceedings the electoral boards have the same |
powers as other
electoral boards under the provisions of |
Section 10-10 of this Act and
their decisions are subject to |
judicial review under Section 10-10.1.
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(Source: P.A. 96-1008, eff. 7-6-10.)
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(10 ILCS 5/7-14.1) (from Ch. 46, par. 7-14.1)
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Sec. 7-14.1.
Delegates and alternate delegates to national |
nominating
conventions shall be chosen according to one of the |
following alternative
methods of allocating delegates for |
election. The State central committee
of each political party |
established pursuant to this Article 7 shall certify
to the |
State Board of Elections, not less than 30 days prior to the |
first
date for filing of petitions for election as delegate or |
alternate delegate
to a national nominating convention, which |
of the following alternatives
it wishes to be utilized in |
allocating the delegates and alternate delegates
to which |
Illinois will be entitled at its national nominating |
convention.
The State Board of Elections shall meet promptly |
and, not less than 20 days
prior to the first date for filing |
of such petitions, shall publish and
certify to the county |
clerk in each county the number of delegates or alternate
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delegates to be elected from each congressional district or |
from the State
at large or State convention of a political |
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party, as the case may be,
according to the method chosen by |
each State central committee. If
a State central committee |
fails to certify to the State Board of
Elections its choice of |
one of the following methods prior to the
aforementioned |
meeting of the State Board of Elections, the State Board
of |
Elections shall certify delegates for that political party |
pursuant
to whichever of the alternatives below was used by |
that political party
pursuant to whichever of the alternatives |
below was used by that
political party in the most recent year |
in which delegates were
selected, subject to any subsequent |
amendments.
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Prior to the aforementioned meeting of the State Board of |
Elections at
which the Board shall publish and certify to the |
county clerk the number
of delegates or alternate delegates to |
be elected from each congressional
district or the State at |
large or State convention, the Secretary of State
shall |
ascertain from the call of the national convention of each |
political
party the number of delegates and alternate delegates |
to which Illinois
will be entitled at the respective national |
nominating conventions. The
Secretary of State shall report the |
number
of delegates and alternate delegates to which Illinois |
will be entitled
at the respective national nominating |
conventions to the State Board of
Elections convened as |
aforesaid to be utilized by the State Board of
Elections in |
calculating the number of delegates and alternates to be
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elected from each congressional district in the State at large |
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or State
convention, as the case may be.
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Alternative A: The State Board of Elections shall allocate |
the number of
delegates and alternate delegates to which the |
State is entitled among the
congressional districts in the |
State.
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1. Of the number of delegates to which the State is |
entitled, 10, plus
those remaining unallocated under paragraph |
2, shall be delegates at large.
The State central committee of |
the appropriate political party shall determine
whether the |
delegates at large shall be (a) elected in the primary from
the |
State at large, (b) selected by the State convention, or (c) |
chosen
by a combination of these 2 methods. If the State |
central committee determines
that all or a specified number of |
the delegates at large shall be elected
in the primary, the |
committee shall file with the Board a report of such
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determination at the same time it certifies the alternative it |
wishes to
use in allocating its delegates.
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2. All delegates other than the delegates at large shall be |
elected from
the congressional districts. Two delegates shall |
be allocated from this
number to each district. After reserving |
10 delegates to be delegates at
large and allocating 2 |
delegates to each district, the Board shall allocate
the |
remaining delegates to the congressional districts pursuant to |
the
following formula:
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(a) For each district, the number of remaining |
delegates shall be multiplied
by a fraction, the numerator |
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of which is the vote cast in the congressional
district for |
the party's nominee in the last Presidential election, and
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the denominator of which is the vote cast in the State for |
the party's nominee
in the last Presidential election.
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(b) The Board shall first allocate to each district a |
number of delegates
equal to the whole number in the |
product resulting from the multiplication
procedure in |
subparagraph (a).
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(c) The Board shall then allocate any remaining |
delegates, one to each
district, in the order of the |
largest fractional remainder in the product
resulting from |
the multiplication procedure in subparagraph (a), omitting
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those districts for which that product is less than 1.875.
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(d) The Board shall then allocate any remaining |
delegates, one to each
district, in the order of the |
largest fractional remainder in the product
resulting from |
the multiplication procedure in subparagraph (a), among |
those
districts for which that product is at least one but |
less than 1.875.
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(e) Any delegates remaining unallocated shall be |
delegates at large and
shall be selected as determined by |
the State central committee under paragraph
1 of this |
Alternative A.
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3. The alternate delegates at large shall be allocated in |
the same manner
as the delegates at large. The alternate |
delegates other than the alternate
delegates at large shall be |
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allocated in the same manner as the delegates
other than the |
delegates at large.
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Alternative B: the chair chairman of the State central |
committee shall file
with the State Board of Elections a |
statement of the number of delegates
and alternate delegates to |
which the State is entitled and the number of
such delegates |
and alternate delegates to be elected from congressional
|
districts. The State Board of Elections shall allocate such |
number of
delegates and alternate delegates, as the case may |
be, among the
congressional districts in the State for election |
from the congressional districts.
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The Board shall utilize the sum of 1/3 of each of the |
following formulae
to determine the number of delegates and |
alternate delegates, as the case
may be, to be elected from |
each congressional district:
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(1) Formula 1 shall be determined by multiplying paragraphs |
(a), (b), and (c)
together as follows:
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(a) The fraction derived by dividing the population of |
the district by
the population of the State and adding to |
that fraction the following: 1/2
of the fraction calculated |
by dividing the total district vote for the party's
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candidate in the most recent presidential election by the |
total statewide
vote for that candidate in that election, |
plus 1/2 of the fraction calculated
by dividing the total |
district vote for the party's candidate in the second
most |
recent Presidential election by the total statewide vote |
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for that
candidate in that election;
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(b) 1/2;
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(c) The number of delegates or alternate delegates, as |
the case may be,
to which the State is entitled at the |
party's national nominating convention.
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(2) Formula 2 shall be determined by multiplying paragraphs |
(a), (b), and (c)
together as follows:
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(a) The fraction calculated by dividing the total |
numbers of votes in
the district for the party's candidate |
in the most recent Gubernatorial
election by the total |
statewide vote for that candidate in that election,
plus, |
the fraction calculated by dividing the total district vote |
for the
party's candidate in the most recent presidential |
election by the total
statewide vote for that candidate in |
that election;
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(b) 1/2;
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(c) The number of delegates or alternate delegates, as |
the case may be,
to which the State is entitled at the |
party's national nominating convention.
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(3) Formula 3 shall be determined by multiplying paragraphs |
(a), (b), and (c)
together as follows:
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(a) 1/2 of the fraction calculated by dividing the |
total district vote
for the party's candidate in the most |
recent presidential election by the
total statewide vote |
for that candidate in that election, plus 1/2 of the
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fraction calculated by dividing the total district vote for |
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the party's
candidate in the second most recent |
presidential election by the total
statewide vote for that |
candidate in that election. This sum shall be
added to the |
fraction calculated by dividing the total voter |
registration
of the party in the district by the total |
voter registration of the party
in the State as of January |
1 of the year prior to the year in which the
national |
nominating convention is held;
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(b) 1/2;
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(c) The number of delegates or alternate delegates, as |
the case may be,
to which the State is entitled at the |
party's national nominating convention.
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Fractional numbers of delegates and alternate delegates |
shall be rounded
upward in rank order to the next whole number, |
largest fraction first, until
the total number of delegates and |
alternate delegates, respectively, to
be so chosen have been |
allocated.
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The remainder of the delegates and alternate delegates |
shall be selected
as determined by the State central committee |
of the party and shall be
certified to the State Board of |
Elections by the chair chairman of the State central
committee.
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Notwithstanding anything to the contrary contained herein, |
with
respect to all aspects of the selection of delegates and |
alternate delegates
to a national nominating convention under |
Alternative B, this Code shall be superseded
by the delegate |
selection rules and policies of the
national political party |
|
including, but not limited to, the development of
an |
affirmative action plan.
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(Source: P.A. 96-1000, eff. 7-2-10.)
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(10 ILCS 5/7-17) (from Ch. 46, par. 7-17)
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Sec. 7-17. Candidate ballot name procedures.
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(a) Each election authority in each county shall cause to |
be
printed upon the general primary ballot of each party for |
each precinct
in his jurisdiction the name of each candidate |
whose petition for
nomination or for committeeperson |
committeeman has been filed in the office of the
county clerk, |
as herein provided; and also the name of each candidate
whose |
name has been certified to his office by the State Board of
|
Elections, and in the order so certified, except as hereinafter
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provided.
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It shall be the duty of the election authority to cause to |
be printed
upon the consolidated primary ballot of each |
political party for each
precinct in his jurisdiction the name |
of each candidate whose name has
been certified to him, as |
herein provided and which is to be voted for
in such precinct.
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(b) In the designation of the name of a candidate on the |
primary ballot
the candidate's given name or names, initial or |
initials, a nickname by
which the candidate is commonly known, |
or a combination thereof, may be
used in addition to the |
candidate's surname. If a candidate has changed his or her |
name, whether by a statutory or common law procedure in |
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Illinois or any other jurisdiction, within 3 years before the |
last day for filing the petition for nomination, nomination |
papers, or certificate of nomination for that office, whichever |
is applicable, then (i) the candidate's name on the primary |
ballot must be followed by "formerly known as (list all prior |
names during the 3-year period) until name changed on (list |
date of each such name change)" and (ii) the petition, papers, |
or certificate must be accompanied by the candidate's affidavit |
stating the candidate's previous names during the period |
specified in (i) and the date or dates each of those names was |
changed; failure to meet these requirements shall be grounds |
for denying certification of the candidate's name for the |
ballot or removing the candidate's name from the ballot, as |
appropriate, but these requirements do not apply to name |
changes resulting from adoption to assume an adoptive parent's |
or parents' surname, marriage to assume a spouse's surname, or |
dissolution of marriage or declaration of invalidity of |
marriage to assume a former surname. No other designation such
|
as a political slogan, title, or degree, or nickname suggesting |
or
implying possession of
a title, degree or professional |
status, or similar information may be
used in connection
with |
the candidate's surname.
For purposes of this Section, a |
"political slogan" is defined as any
word
or words expressing |
or connoting a position, opinion, or belief that the
candidate |
may espouse, including but not limited to, any word or words
|
conveying any meaning other than that of the personal identity |
|
of the
candidate. A
candidate may not use a political slogan as |
part of his or her name on the
ballot, notwithstanding that the |
political slogan may be part of the
candidate's name.
|
(c) The State Board of Elections, a local election |
official, or an election
authority shall remove any candidate's |
name designation from a ballot that is
inconsistent with |
subsection (b) of this Section. In addition, the State Board
of |
Elections, a local election official, or an election authority |
shall not
certify to any election authority any candidate name |
designation that is
inconsistent with subsection (b) of this |
Section.
|
(d) If the State Board of Elections, a local election |
official, or an
election authority removes a candidate's name |
designation from a ballot
under subsection (c) of this Section, |
then the aggrieved candidate may
seek appropriate relief in |
circuit court.
|
(Source: P.A. 93-574, eff. 8-21-03; 94-1090, eff. 6-1-07 .)
|
(10 ILCS 5/7-19) (from Ch. 46, par. 7-19)
|
Sec. 7-19. The primary ballot of each political party for |
each precinct shall be
arranged and printed substantially in |
the manner following:
|
1. Designating words. At the top of the ballot shall be |
printed in
large capital letters, words designating the ballot, |
if a Republican
ballot, the designating words shall be: |
"REPUBLICAN PRIMARY BALLOT"; if
a Democratic ballot the |
|
designating words shall be: "DEMOCRATIC PRIMARY
BALLOT"; and in |
like manner for each political party.
|
2. Order of Names, Directions to Voters, etc. Beginning not |
less
than one inch below designating words, the name of each |
office to be
filled shall be printed in capital letters. Such |
names may be printed on
the ballot either in a single column or |
in 2 or more columns and in the
following order, to-wit:
|
President of the United States, State offices, |
congressional offices,
delegates and alternate delegates to be |
elected from the State at large
to National nominating |
conventions, delegates and alternate delegates to
be elected |
from congressional districts to National nominating
|
conventions, member or members of the State central committee, |
trustees of sanitary
districts, county offices, judicial |
officers, city, village and
incorporated town offices, town |
offices, or of such of the said offices
as candidates are to be |
nominated for at such primary, and precinct,
township or ward |
committeepersons committeemen . If two or more columns are used, |
the
foregoing offices to and including member of the State |
central committee
shall be listed in the left-hand column and |
Senatorial offices, as
defined in Section 8-3, shall be the
|
first offices listed in the second column.
|
Below the name of each office shall be printed in small |
letters the
directions to voters: "Vote for one"; "Vote for not |
more than two"; "Vote for not more than three". If no candidate |
or candidates file for an office and if no person or persons |
|
file a declaration as a write-in candidate for that office, |
then below the title of that office the election authority |
instead shall print "No Candidate".
|
Next to the name of each candidate for delegate or |
alternate delegate
to a national nominating convention shall |
appear either (a)
the name of the
candidate's preference for |
President of the United States or the word
"uncommitted" or (b) |
no official designation, depending upon the action
taken by the |
State central committee pursuant to Section 7-10.3 of this Act.
|
Below the name of each office shall be printed in capital |
letters the
names of all candidates, arranged in the order in |
which their petitions
for nominations were filed, except as |
otherwise provided in Sections
7-14 and 7-17 of this Article. |
Opposite and in front of the name of each
candidate shall be |
printed a square and all squares upon the primary
ballot shall |
be of uniform size. The names of each team of candidates for |
Governor and Lieutenant Governor, however, shall be printed |
within a bracket, and a single square shall be printed in front |
of the bracket. Spaces between the names of candidates
under |
each office shall be uniform and sufficient spaces shall |
separate
the names of candidates for one office from the names |
of candidates for
another office, to avoid confusion and to |
permit the writing in of the
names of other candidates.
|
Where voting machines or electronic voting systems are |
used, the
provisions of this Section may be modified as |
required or authorized by
Article 24 or Article 24A, whichever |
|
is applicable.
|
(Source: P.A. 95-862, eff. 8-19-08; 96-1018, eff. 1-1-11.)
|
(10 ILCS 5/7-25) (from Ch. 46, par. 7-25)
|
Sec. 7-25.
The tally sheets for each political party |
participating in the
primary election shall be substantially in |
the following form:
|
"Tally sheet for ....(name of political party) for the .... |
precinct, in
the county of .... for a primary held on the .... |
day of .... A.D. ....."
|
The names of candidates for nomination and for State |
central committeepersons
committeemen , township, and precinct |
and ward committeepersons committeemen , and delegates
and |
alternate delegates to National nominating conventions, shall |
be placed
on the tally sheets of each political party by the |
primary judges, in the
order in which they appear on the |
ballot.
|
(Source: Laws 1957, p. 1450.)
|
(10 ILCS 5/7-34) (from Ch. 46, par. 7-34)
|
Sec. 7-34. Pollwatchers in a primary election shall be |
authorized in
the following manner:
|
(1) Each established political party shall be entitled to |
appoint
one pollwatcher per precinct. Such pollwatchers must be |
affiliated with
the political party for which they are |
pollwatching and must be a registered
voter in Illinois.
|
|
(2) Each candidate shall be entitled to appoint two |
pollwatchers per
precinct. For Federal, State, county, |
township, and municipal primary elections, the
pollwatchers |
must be registered to vote in Illinois.
|
(3) Each organization of citizens within the county or |
political
subdivision, which has among its purposes or |
interests the investigation
or prosecution of election frauds, |
and which shall have registered its
name and address and the |
names and addresses of its principal officers
with the proper |
election authority at least 40 days before the primary
|
election, shall be entitled to appoint one pollwatcher per |
precinct.
For all primary elections, the pollwatcher must be |
registered to vote in
Illinois.
|
(3.5) Each State nonpartisan civic organization within the |
county or political subdivision shall be entitled to appoint |
one pollwatcher per precinct, provided that no more than 2 |
pollwatchers appointed by State nonpartisan civic |
organizations shall be present in a precinct polling place at |
the same time. Each organization shall have registered the |
names and addresses of its principal officers with the proper |
election authority at least 40 days before the primary |
election. The pollwatchers must be registered to vote in |
Illinois. For the purpose of this paragraph, a "State |
nonpartisan civic organization" means any corporation, |
unincorporated association, or organization that: |
(i) as part of its written articles of incorporation, |
|
bylaws, or charter or by separate written declaration, has |
among its stated purposes the provision of voter |
information and education, the protection of individual |
voters' rights, and the promotion of free and equal |
elections; |
(ii) is organized or primarily conducts its activities |
within the State of Illinois; and |
(iii) continuously maintains an office or business |
location within the State of Illinois, together with a |
current listed telephone number (a post office box number |
without a current listed telephone number is not |
sufficient).
|
(4) Each organized group of proponents or opponents of a |
ballot
proposition, which shall have registered the name and |
address of its
organization or committee and the name and |
address of its chair chairman with
the proper election |
authority at least 40 days before the primary
election, shall |
be entitled to appoint one pollwatcher per precinct. The
|
pollwatcher must be registered to vote in Illinois.
|
(5) In any primary election held to nominate candidates for |
the offices
of a municipality of less than 3,000,000 population |
that is situated in
2 or more counties, a pollwatcher who is a |
resident of a county in which
any part of the municipality is
|
situated shall be eligible to serve as a pollwatcher in any |
polling place
located within such municipality, provided that |
such pollwatcher otherwise
complies with the respective |
|
requirements of subsections (1) through (4)
of this Section and |
is a registered voter whose residence is within
Illinois.
|
All pollwatchers shall be required to have proper |
credentials. Such
credentials shall be printed in sufficient |
quantities, shall be issued
by and under the facsimile |
signature(s) of the election authority and
shall be available |
for distribution at least 2 weeks prior to the
election. Such |
credentials shall be authorized by the real or facsimile
|
signature of the State or local party official or the candidate |
or the
presiding officer of the civic organization or the chair |
chairman of the
proponent or opponent group, as the case may |
be.
|
Pollwatcher credentials shall be in substantially the |
following form:
|
POLLWATCHER CREDENTIALS
|
TO THE JUDGES OF ELECTION:
|
In accordance with the provisions of the Election Code,
the |
undersigned hereby appoints ........... (name of pollwatcher)
|
at .......... (address) in the county of ...........,
|
.......... (township or municipality) of ........... (name), |
State of Illinois
and who is duly registered to vote from this |
address,
to act as a pollwatcher in the ........... precinct of |
the
.......... ward (if applicable) of the ...........
|
(township or municipality) of ........... at the
........... |
election to be held on (insert date).
|
|
........................ (Signature of Appointing Authority)
|
........................ TITLE (party official, candidate,
|
civic organization president,
|
proponent or opponent group |
chair chairman )
|
Under penalties provided by law pursuant to Section 29-10 |
of the
Election Code, the undersigned pollwatcher certifies |
that he or she resides
at .............. (address) in the |
county of ........., ......... (township
or municipality) of |
.......... (name), State of Illinois, and is duly
registered to |
vote in Illinois.
|
........................... ..........................
|
(Precinct and/or Ward in (Signature of Pollwatcher)
|
Which Pollwatcher Resides)
|
Pollwatchers must present their credentials to the Judges |
of Election
upon entering the polling place. Pollwatcher |
credentials properly
executed and signed shall be proof of the |
qualifications of the
pollwatcher authorized thereby. Such |
credentials are retained by the
Judges and returned to the |
Election Authority at the end of the day of election
with the |
other election materials. Once a pollwatcher has surrendered a
|
valid credential, he may leave and reenter the polling place |
provided
that such continuing action does not disrupt the |
conduct of the election.
Pollwatchers may be substituted during |
the course of the day, but established
political parties, |
|
candidates, qualified civic organizations and proponents
and |
opponents of a ballot proposition can have only as many |
pollwatchers
at any given time as are authorized in this |
Article. A substitute must
present his signed credential to the |
judges of election upon entering the
polling place. Election |
authorities must provide a sufficient number of
credentials to |
allow for substitution of pollwatchers.
After the polls have |
closed, pollwatchers shall be allowed to
remain until the |
canvass of votes is completed; but may leave and
reenter only |
in cases of necessity, provided that such action is not so
|
continuous as to disrupt the canvass of votes.
|
Candidates seeking office in a district or municipality |
encompassing 2
or more counties shall be admitted to any and |
all polling places throughout
such district or municipality |
without regard to the counties in which such
candidates are |
registered to vote. Actions of such candidates shall be
|
governed in each polling place by the same privileges and |
limitations that
apply to pollwatchers as provided in this |
Section. Any such candidate who
engages in an activity in a |
polling place which could reasonably be
construed by a majority |
of the judges of election as campaign activity
shall be removed |
forthwith from such polling place.
|
Candidates seeking office in a district or municipality |
encompassing 2 or
more counties who desire to be admitted to |
polling places on election day
in such district or municipality |
shall be required to have proper
credentials. Such credentials |
|
shall be printed in sufficient quantities,
shall be issued by |
and under the facsimile signature of the
election authority of |
the election jurisdiction where the polling place in
which the |
candidate seeks admittance is located, and shall be available |
for
distribution at least 2 weeks prior to the election. Such |
credentials shall
be signed by the candidate.
|
Candidate credentials shall be in substantially the |
following form:
|
CANDIDATE CREDENTIALS
|
TO THE JUDGES OF ELECTION:
|
In accordance with the provisions of the Election Code, I |
...... (name of
candidate) hereby certify that I am a candidate |
for ....... (name of
office) and seek admittance to ....... |
precinct of the ....... ward (if
applicable) of the ....... |
(township or municipality) of ....... at the
....... election |
to be held on (insert date).
|
......................... .......................
|
(Signature of Candidate) OFFICE FOR WHICH
|
CANDIDATE SEEKS
|
NOMINATION OR
|
ELECTION
|
Pollwatchers shall be permitted to observe all proceedings |
and view all reasonably requested records relating
to the |
conduct of the election, provided the secrecy of the ballot is |
|
not impinged, and to station themselves in a position
in the |
voting room as will enable them to observe the judges making |
the
signature comparison between the voter application and the |
voter
registration record card; provided, however, that such |
pollwatchers
shall not be permitted to station themselves in |
such close proximity to
the judges of election so as to |
interfere with the orderly conduct of
the election and shall |
not, in any event, be permitted to handle
election materials. |
Pollwatchers may challenge for cause the voting
qualifications |
of a person offering to vote and may call to the
attention of |
the judges of election any incorrect procedure or apparent
|
violations of this Code.
|
If a majority of the judges of election determine that the |
polling
place has become too overcrowded with pollwatchers so |
as to interfere
with the orderly conduct of the election, the |
judges shall, by lot,
limit such pollwatchers to a reasonable |
number, except that each
candidate and each established or new |
political party shall be permitted
to have at least one |
pollwatcher present.
|
Representatives of an election authority, with regard to an |
election
under its jurisdiction, the State Board of Elections, |
and law
enforcement agencies, including but not limited to a |
United States
Attorney, a State's attorney, the Attorney |
General, and a State, county,
or local police department, in |
the performance of their official
election duties, shall be |
permitted at all times to enter and remain in
the polling |
|
place. Upon entering the polling place, such
representatives |
shall display their official credentials or other
|
identification to the judges of election.
|
Uniformed police officers assigned to polling place duty |
shall follow
all lawful instructions of the judges of election.
|
The provisions of this Section shall also apply to |
supervised casting of vote by mail
ballots as provided in |
Section 19-12.2 of this Act.
|
(Source: P.A. 98-1171, eff. 6-1-15 .)
|
(10 ILCS 5/7-46) (from Ch. 46, par. 7-46)
|
Sec. 7-46.
On receiving from the primary judges a primary |
ballot of his
party, the primary elector shall forthwith and |
without leaving the polling
place, retire alone to one of the |
voting booths and prepare such primary
ballot by marking a |
cross (X) in the square in front of and opposite the
name of |
each candidate of his choice for each office to be filled, and |
for
delegates and alternate delegates to national nominating |
conventions, and
for committeepersons committeemen , if |
committeepersons committeemen are being elected at such |
primary. A cross (X) in the square in front of the bracket |
enclosing the names of a team of candidates for Governor and |
Lieutenant Governor counts as one vote for each of those |
candidates.
|
Any primary elector may, instead of voting for any |
candidate for
nomination or for committeeperson committeeman |
|
or for delegate or alternate delegate to
national nominating |
conventions, whose name is printed on the primary
ballot, write |
in the name of any other person affiliated with such party as
a |
candidate for the nomination for any office, or for |
committeeperson committeeman , or for
delegates or alternate |
delegates to national nominating conventions, and
indicate his |
choice of such candidate or committeeperson committeeman or |
delegate or
alternate delegate, by placing to the left of and |
opposite the name thus
written a square and placing in the |
square a cross (X). A primary elector, however, may not by this |
method vote separately for Governor and Lieutenant Governor but |
must write in the names of candidates of his or her choice for |
both offices and indicate his or her choice of those names by |
placing a single square to the left of those names and placing |
in that square a cross (X).
|
Where voting machines or electronic voting systems are |
used, the
provisions of this section may be modified as |
required or authorized by
Article 24 or Article 24A, whichever |
is applicable.
|
(Source: P.A. 96-1018, eff. 1-1-11.)
|
(10 ILCS 5/7-51) (from Ch. 46, par. 7-51)
|
Sec. 7-51.
If the primary elector marks more names upon the |
primary
ballot than there are persons to be nominated as |
candidates for an
office, or for State central committeepersons |
committeemen , or precinct committeepersons committeemen , or
|
|
township committeepersons committeemen , or ward |
committeepersons committeemen , or delegates or alternate
|
delegates to National nominating conventions, or if for any |
reason it is
impossible to determine the primary elector's |
choice of a candidate for
the nomination for an office, or |
committeeperson committeeman , or delegate, his primary
ballot |
shall not be counted for the nomination for such office or |
committeeperson
committeeman .
|
No primary ballot, without the endorsement of the judge's |
initials
thereon, shall be counted.
|
No judge shall omit to endorse his initials on a primary |
ballot, as
required by this Article, nor shall any person not |
authorized so to do
initial a primary ballot knowing that he is |
not so authorized.
|
Primary ballots not counted shall be marked "defective" on |
the back
thereof; and primary ballots to which objections have |
been made by
either of the primary judges or challengers shall |
be marked "objected
to" on the back thereof; and a memorandum, |
signed by the primary judges,
stating how it was counted, shall |
be written on the back of each primary
ballot so marked; and |
all primary ballots marked "defective" or
"objected to" shall |
be enclosed in an envelope and securely sealed, and
so marked |
and endorsed as to clearly disclose its contents. The envelope
|
to be used for enclosing ballots marked "defective" or |
"objected to"
shall bear upon its face, in not less than 1 1/2 |
inch type, the legend:
"This envelope is for use after 6:00 |
|
P.M. only." The envelope to be used
for enclosing ballots |
spoiled by voters while attempting to vote shall
bear upon its |
face, in not less than 1 1/2 inch type, the legend: "This
|
envelope is for use before 6:00 P.M. only."
|
All primary ballots not voted, and all that have been |
spoiled by
voters while attempting to vote, shall be returned |
to the proper election authority
by the primary judges, and a |
receipt taken therefor, and shall be
preserved 2 months. Such |
official shall keep a record of the number of
primary ballots |
delivered for each polling place, and he or they shall
also |
enter upon such record the number and character of primary |
ballots
returned, with the time when and the persons by whom |
they are returned.
|
(Source: P.A. 80-1469.)
|
(10 ILCS 5/7-53) (from Ch. 46, par. 7-53)
|
Sec. 7-53.
As soon as the ballots of a political party |
shall have
been read and the votes of the political party |
counted, as provided in
the last above section, the 3 judges in |
charge of the tally sheets shall
foot up the tally sheets so as |
to show the total number of votes cast
for each candidate of |
the political party and for each candidate for
State Central |
committeeperson committeeman and precinct committeeperson |
committeeman , township committeeperson
committeeman or ward |
committeeperson committeeman , and delegate and alternate |
delegate
to National nominating conventions, and certify the |
|
same to be correct.
Thereupon, the primary judges shall set |
down in a certificate of results
on the tally sheet, under the |
name of the political party, the name of
each candidate voted |
for upon the primary ballot, written at full
length, the name |
of the office for which he is a candidate for
nomination or for |
committeeperson committeeman , or delegate or alternate |
delegate to
National nominating conventions, the total number |
of votes which the
candidate received, and they shall also set |
down the total number of
ballots voted by the primary electors |
of the political party in the
precinct. The certificate of |
results shall be made substantially in the
following form:
|
................ Party
|
At the primary election held in the .... precinct of the |
(1) *township of
...., or (2) *City of ...., or (3) *.... ward |
in the city of .... on (insert
date), the primary electors of |
the ....
party voted .... ballots, and the respective |
candidates whose names were
written or printed on the primary |
ballot of the .... party, received
respectively the following |
votes:
|
|
Name of |
|
No. of |
|
Candidate, |
Title of Office, |
Votes |
|
John Jones |
Governor |
100 |
|
Jane James | Lieutenant Governor | 100 |
|
Sam Smith |
Governor |
70 |
|
Samantha Smythe | Lieutenant Governor | 70 |
|
Frank Martin |
Attorney General |
150 |
|
|
|
Sec. 7-55.
The primary poll books or the official poll |
record, and the
tally sheets with the certificates of the |
primary judges written thereon,
together with the envelopes |
containing the ballots, including the envelope
containing the |
ballots marked "defective" or "objected to", shall be
carefully |
enveloped and sealed up together, properly endorsed, and the
|
primary judges shall elect 2 judges (one from each of the major |
political
parties), who shall immediately deliver the same to |
the clerk from whom the
primary ballots were obtained, which |
clerk shall safely keep the same for 2
months, and thereafter |
shall safely keep the poll books until the next
primary. Each |
election authority shall keep the office of the election
|
authority, or any receiving stations designated by such |
authority, open
for at least 12 consecutive hours after the |
polls close,
or until the judges of each precinct under the |
jurisdiction of the election
authority have delivered to the |
election authority all the above materials
sealed up together |
and properly endorsed as provided herein. Materials
delivered |
to the election authority which are not in the condition |
required
by this Section shall not be accepted by the election |
authority until the
judges delivering the same make and sign |
the necessary corrections. Upon
acceptance of the materials by |
the election authority, the judges delivering
the same shall |
take a receipt signed by the election authority and stamped
|
with the time and date of
such delivery. The election judges |
whose duty it is to deliver any materials
as above provided |
|
shall, in the event such materials cannot be found when
needed, |
on proper request, produce the receipt which they are to take |
as
above provided.
|
The county clerk or board of election commissioners shall |
deliver a copy
of each tally sheet to the county chairmen of |
the two largest political
parties.
|
Where voting machines or electronic voting systems are |
used, the
provisions of this section may be modified as |
required or authorized by
Article 24 and Article 24A, whichever |
is applicable.
|
(Source: P.A. 83-764.)
|
(10 ILCS 5/7-56) (from Ch. 46, par. 7-56)
|
Sec. 7-56. As soon as complete returns are delivered to the |
proper election
authority, the returns shall be canvassed for |
all primary elections as follows. The election authority acting |
as the canvassing board
pursuant to Section 1-8 of this Code |
shall also open
and canvass the returns of a primary. Upon the
|
completion of the canvass of the returns by the election |
authority,
the election authority shall make a tabulated |
statement of the returns
for each political party separately, |
stating in appropriate columns and
under proper headings, the |
total number of votes cast in said county for
each candidate |
for nomination or election by said party, including candidates |
for
President of the United States and for State central |
committeepersons committeemen , and
for delegates and alternate |
|
delegates to National nominating
conventions, and for precinct |
committeepersons committeemen , township committeepersons |
committeemen , and
for ward committeepersons committeemen . |
Within 2 days after the completion of said
canvass by the |
election authority, the county clerk shall mail to the
State |
Board of Elections a certified copy of such tabulated statement |
of
returns. The
election authority shall also determine and set |
down as to each precinct the
number of ballots voted by the |
primary electors of each party at the primary.
|
In the case of the nomination or election of candidates for |
offices,
including President of the United States and the State |
central committeepersons
committeemen , and delegates and |
alternate delegates to National
nominating conventions, |
certified tabulated statement of returns for
which are filed |
with the State Board of Elections, said returns shall be
|
canvassed by the election authority. And, provided, further, |
that within 5 days after
said returns shall be canvassed by the |
said Board, the Board shall cause
to be published in one daily |
newspaper of general circulation at the
seat of the State |
government in Springfield a certified statement of the
returns |
filed in its office, showing the total vote cast in the State
|
for each candidate of each political party for President of the |
United
States, and showing the total vote for each candidate of |
each political
party for President of the United States, cast |
in each of the several
congressional districts in the State.
|
Within 48 hours of conducting a canvass, as required
by |
|
this Code, of the consolidated
primary, the election authority |
shall deliver
an original certificate of results to each local |
election official, with
respect to whose political |
subdivisions nominations were made at such primary,
for each |
precinct in his jurisdiction in which such nominations were on
|
the ballot. Such original certificate of results need not |
include any offices
or nominations for any other political |
subdivisions.
|
(Source: P.A. 94-645, eff. 8-22-05; 94-647, eff. 1-1-06; |
95-331, eff. 8-21-07.)
|
(10 ILCS 5/7-58) (from Ch. 46, par. 7-58)
|
Sec. 7-58. Each county clerk or board of election
|
commissioners shall, upon completion of the
canvassing of the |
returns, make and transmit to the State Board of
Elections and |
to each election authority whose duty it is to print the
|
official ballot for the election for which the nomination is |
made a
proclamation of the results of the primary. The |
proclamation shall state
the name of each candidate of each |
political party so
nominated or elected, as shown by the |
returns, together with the name of
the office for which he or |
she was nominated or elected, including precinct,
township and |
ward committeepersons committeemen , and including in the case |
of the State
Board of Elections, candidates for State central |
committeepersons committeemen , and
delegates and alternate |
delegates to National nominating conventions. If
a notice of |
|
contest is filed, the election authority shall, within one
|
business day after receiving a certified copy of the court's |
judgment or
order, amend its proclamation accordingly and |
proceed to file an amended
proclamation with the appropriate |
election authorities and with the State
Board of Elections.
|
The State Board of Elections shall issue a certificate of
|
election to each of the persons shown by the returns and the
|
proclamation thereof to be elected State central |
committeepersons committeemen , and
delegates and alternate |
delegates to National nomination conventions;
and the county |
clerk shall issue a certificate of election to each
person |
shown by the returns to be elected precinct, township or ward |
committeeperson
committeeman . The certificate issued to such |
precinct committeeperson committeeman shall
state the number |
of ballots voted in his or her precinct by the primary
electors |
of his or her party at the primary at which he or she was |
elected. The
certificate issued to such township |
committeeperson committeeman shall state the number
of ballots |
voted in his or her township or part of a township, as the case |
may
be, by the primary electors of his or her party at the |
primary at which he or she was
elected. The certificate issued |
to such ward committeeperson committeeman shall state
the |
number of ballots voted in his or her ward by the primary |
electors of his or her
party at the primary at which he or she |
was elected.
|
(Source: P.A. 94-647, eff. 1-1-06.)
|
|
(10 ILCS 5/7-59) (from Ch. 46, par. 7-59)
|
Sec. 7-59. (a) The person receiving the highest number of |
votes at a
primary as a candidate of a party for the nomination |
for an office shall
be the candidate of that party for such |
office, and his name as such
candidate shall be placed on the |
official ballot at the election then
next ensuing; provided, |
that where there are two or more persons to be
nominated for |
the same office or board, the requisite number of persons
|
receiving the highest number of votes shall be nominated and |
their names
shall be placed on the official ballot at the |
following election.
|
Except as otherwise provided by Section 7-8 of this Act, |
the
person receiving the highest number of votes of his party |
for
State central committeeperson committeeman of his |
congressional district shall be
declared elected State central |
committeeperson committeeman from said congressional
district.
|
Unless a national political party specifies that delegates |
and
alternate delegates to a National nominating convention be |
allocated by
proportional selection representation according |
to the results of a
Presidential preference primary, the |
requisite number of persons
receiving the highest number of |
votes of their party for delegates and
alternate delegates to |
National nominating conventions from the State at
large, and |
the requisite number of persons receiving the highest number of
|
votes of their party for delegates and alternate delegates to |
|
National
nominating conventions in their respective |
congressional districts shall be
declared elected delegates |
and alternate delegates to the National
nominating conventions |
of their party.
|
A political party which elects the members to its State |
Central Committee
by Alternative B under paragraph (a) of |
Section 7-8 shall select its
congressional district delegates |
and alternate delegates to its national
nominating convention |
by proportional selection representation according to
the |
results of a Presidential preference primary in each |
congressional
district in the manner provided by the rules of |
the national political
party and the State Central Committee, |
when the rules and policies of the
national political party so |
require.
|
A political party which elects the members to its State |
Central Committee
by Alternative B under paragraph (a) of |
Section 7-8 shall select its
at large delegates and alternate |
delegates to its national
nominating convention by |
proportional selection representation according to
the results |
of a Presidential preference primary in the whole State in the
|
manner provided by the rules of the national political party |
and the State
Central Committee, when the rules and policies of |
the national political
party so require.
|
The person receiving the highest number of votes of his |
party for
precinct committeeperson committeeman of his |
precinct shall be declared elected precinct committeeperson
|
|
committeeman from said precinct.
|
The person receiving the highest number of votes of his |
party for
township committeeperson committeeman of his |
township or part of a township as the case
may be, shall be |
declared elected township committeeperson committeeman from |
said
township or part of a township as the case may be. In |
cities where ward committeepersons
committeemen are elected, |
the person receiving the highest number of
votes of his party |
for ward committeeperson committeeman of his ward shall be |
declared
elected ward committeeperson committeeman from said |
ward.
|
When two or more persons receive an equal and the highest |
number of
votes for the nomination for the same office or for |
committeeperson committeeman of the
same political party, or |
where more than one person of the same
political party is to be |
nominated as a candidate for office or committeeperson
|
committeeman , if it appears that more than the number of |
persons to be
nominated for an office or elected |
committeeperson committeeman have the highest and an
equal |
number of votes for the nomination for the same office or for
|
election as committeeperson committeeman , the election |
authority by which the returns of the primary
are canvassed |
shall decide by lot which of said persons shall be
nominated or |
elected, as the case may be. In such case the election |
authority shall issue notice in writing to such persons of such |
tie vote
stating therein the place, the day (which shall not be |
|
more than 5 days thereafter) and the hour when such nomination |
or election shall
be so determined.
|
(b) Write-in votes shall be counted only for persons who |
have filed
notarized declarations of intent to be write-in |
candidates with the proper
election authority or authorities |
not later than 61 days prior to
the primary. However, whenever |
an objection to a candidate's nominating papers or petitions |
for any office is sustained under Section 10-10 after the 61st |
day before the election, then write-in votes shall be counted |
for that candidate if he or she has filed a notarized |
declaration of intent to be a write-in candidate for that |
office with the proper election authority or authorities not |
later than 7 days prior to the election.
|
Forms for the declaration of intent to be a write-in |
candidate shall be
supplied by the election authorities. Such |
declaration shall specify the
office for which the person seeks |
nomination or election as a write-in
candidate.
|
The election authority or authorities shall deliver a list |
of all persons
who have filed such declarations to the election |
judges in the appropriate
precincts prior to the primary.
|
(c) (1) Notwithstanding any other provisions of this |
Section, where
the number of candidates whose names have been |
printed on a party's
ballot for nomination for or election to |
an office at a primary is less
than the number of persons the |
party is entitled to nominate for or elect
to the office at the |
primary, a person whose name was not printed on the
party's |
|
primary ballot as a candidate for nomination for or election to |
the
office, is not nominated for or elected to that office as a |
result of a
write-in vote at the primary unless the number of |
votes he received equals
or exceeds the number of signatures |
required on a petition for nomination
for that office; or |
unless the number of votes he receives exceeds the
number of |
votes received by at least one of the candidates whose names |
were
printed on the primary ballot for nomination for or |
election to the same
office.
|
(2) Paragraph (1) of this subsection does not apply where |
the number
of candidates whose names have been printed on the |
party's ballot for
nomination for or election to the office at |
the primary equals or exceeds
the number of persons the party |
is entitled to nominate for or elect to the
office at the |
primary.
|
(Source: P.A. 94-647, eff. 1-1-06; 95-699, eff. 11-9-07.)
|
(10 ILCS 5/7-60) (from Ch. 46, par. 7-60)
|
Sec. 7-60. Not less than 74 days before the date of the |
general
election, the State Board of Elections shall certify to |
the county clerks
the names of each of the candidates who have |
been nominated as shown by the
proclamation of the State Board |
of Elections as a canvassing board or who
have been nominated |
to fill a vacancy in nomination and direct the election
|
authority to place upon the official ballot for the general |
election the
names of such candidates in the same manner and in |
|
the same order as shown
upon the certification, except as |
otherwise provided in this Section.
|
Not less than 68 days before the date of the general |
election, each
county clerk shall certify the names of each of |
the candidates for county
offices who have been nominated as |
shown by the proclamation of the county
election authority or |
who have been nominated to fill a vacancy in nomination
and |
declare that the names of such candidates for the respective |
offices
shall be placed upon the official ballot for the |
general election in the
same manner and in the same order as |
shown upon the certification, except
as otherwise provided by |
this Section. Each county clerk shall place a
copy of the |
certification on file in his or her office and at the same
time |
issue to the State Board of Elections a copy of such |
certification.
In addition, each county clerk in whose county |
there is a board of election
commissioners shall, not less than |
68 days before the date of the general
election, issue to such |
board a copy of the certification that has been
filed in the |
county clerk's office, together with a copy of the
|
certification that has been issued to the clerk by the State |
Board of
Elections, with directions to the board of election |
commissioners to place
upon the official ballot for the general |
election in that election
jurisdiction the names of all |
candidates that are listed on such
certifications, in the same |
manner and in the same order as shown upon such
certifications, |
except as otherwise provided in this Section.
|
|
Whenever there are two or more persons nominated by the |
same political
party for multiple offices for any board, the |
name of the candidate of such
party receiving the highest |
number of votes in the primary election as a
candidate for such |
office, as shown by the official election returns of the
|
primary, shall be certified first under the name of such |
offices, and the
names of the remaining candidates of such |
party for such offices shall
follow in the order of the number |
of votes received by them respectively at
the primary election |
as shown by the official election results.
|
No person who is shown by the final
proclamation to have
|
been nominated or elected at the primary as a write-in |
candidate shall have his or her
name certified unless such |
person shall have filed with the certifying
office or board |
within 10 days after the election authority's proclamation
a |
statement of candidacy pursuant to Section 7-10, a statement |
pursuant
to Section 7-10.1, and a receipt for the filing of a |
statement of economic interests in relation to the unit of |
government to which he or she has been elected or nominated.
|
Each county clerk and board of election commissioners shall |
determine
by a fair and impartial method of random selection |
the order of placement
of established political party |
candidates for the general election ballot.
Such determination |
shall be made within 30 days following the canvass and |
proclamation
of the results of the general primary
in the |
office of the county clerk or board of election commissioners |
|
and
shall be open to the public. Seven days written notice of |
the time and place
of conducting such random selection shall be |
given, by each such election
authority, to the County Chair |
Chairman of each established political party, and
to each |
organization of citizens within the election jurisdiction |
which
was entitled, under this Article, at the next preceding |
election, to have
pollwatchers present on the day of election. |
Each election authority shall
post in a conspicuous, open and |
public place, at the entrance of the election
authority office, |
notice of the time and place of such lottery. However,
a board |
of election commissioners may elect to place established |
political
party candidates on the general election ballot in |
the same order determined
by the county clerk of the county in |
which the city under the jurisdiction
of such board is located.
|
Each certification shall indicate, where applicable, the |
following:
|
(1) The political party affiliation of the candidates |
for the respective offices;
|
(2) If there is to be more than one candidate elected |
to an office from
the State, political subdivision or |
district;
|
(3) If the voter has the right to vote for more than |
one candidate for an office;
|
(4) The term of office, if a vacancy is to be filled |
for less than a
full term or if the offices to be filled in |
a political subdivision are for
different terms.
|
|
The State Board of Elections or the county clerk, as the |
case may be,
shall issue an amended certification whenever it |
is discovered that the
original certification is in error.
|
(Source: P.A. 96-1008, eff. 7-6-10.)
|
(10 ILCS 5/7-60.1) (from Ch. 46, par. 7-60.1)
|
Sec. 7-60.1. Certification of Candidates - Consolidated |
Election.
Each local election official of a political |
subdivision in which candidates
for the respective local |
offices are nominated at the consolidated primary
shall, no |
later than 5 days following the canvass and proclamation of the
|
results of the consolidated primary, certify to each election |
authority
whose duty it is to prepare the official ballot for |
the consolidated
election in that political subdivision the |
names of each of the candidates
who have been nominated as |
shown by the proclamation of the appropriate election authority |
or who have been nominated to fill a vacancy in nomination
and |
direct the election authority to place upon the official ballot |
for the
consolidated election the names of such candidates in |
the same manner and
in the same order as shown upon the |
certification, except as otherwise
provided by this Section.
|
Whenever there are two or more persons nominated by the |
same political
party for multiple offices for any board, the |
name of the candidate of such
party receiving the highest |
number of votes in the consolidated primary
election as a |
candidate for such consolidated primary, shall be certified
|
|
first under the name of such office, and the names of the |
remaining
candidates of such party for such offices shall |
follow in the order of the
number of votes received by them |
respectively at the consolidated primary
election as shown by |
the official election results.
|
No person who is shown by the election authority's |
proclamation to have
been nominated at the consolidated primary |
as a write-in candidate shall
have his or her name certified |
unless such person shall have filed with the
certifying office |
or board within 5 days after the election authority's
|
proclamation a statement of candidacy pursuant to Section 7-10 |
and a
statement pursuant to Section 7-10.1.
|
Each board of election commissioners of the cities in which |
established
political party candidates for city offices are |
nominated at the
consolidated primary shall determine by a fair |
and impartial method of
random selection the order of placement |
of the established political party
candidates for the |
consolidated ballot. Such determination shall be made
within 5 |
days following the canvass and proclamation of the results of |
the
consolidated primary and shall be open to the public. Three |
days written
notice of the time and place of conducting such |
random selection shall be
given, by each such election |
authority, to the County Chair Chairman of each
established |
political party, and to each organization of citizens within
|
the election jurisdiction which was entitled, under this |
Article, at the
next preceding election, to have pollwatchers |
|
present on the day of
election. Each election authority shall |
post in a conspicuous, open and
public place, at the entrance |
of the election authority office, notice of
the time and place |
of such lottery.
|
Each local election official of a political subdivision in |
which
established political party candidates for the |
respective local offices are
nominated by primary shall |
determine by a fair and impartial method of
random selection |
the order of placement of the established political party
|
candidates for the consolidated election ballot and, in the |
case of certain
municipalities having annual elections, on the |
general primary ballot for
election. Such determination shall |
be made prior to the canvass and
proclamation of results of the |
consolidated primary or special municipal
primary, as the case |
may be, in the office of the local election official and
shall |
be open to the public. Three days written notice of the time |
and
place of conducting such random selection shall be given, |
by each such
local election official, to the County Chair |
Chairman of each established
political party, and to each |
organization of citizens within the election
jurisdiction |
which was entitled, under this Article, at the next preceding
|
election, to have pollwatchers present on the day of election. |
Each local
election official shall post in a conspicuous, open |
and public place notice of
such lottery. Immediately |
thereafter, the local election official shall
certify the |
ballot placement order so determined to the proper election
|
|
authorities charged with the preparation of the consolidated |
election, or
general primary,
ballot for that political |
subdivision.
|
Not less than 68 days before the date of the consolidated |
election, each
local election official of a political |
subdivision in which established
political party candidates |
for the respective local offices have been
nominated by caucus |
or have been nominated because no primary was required
to be |
held shall certify to each election authority whose duty it is |
to
prepare the official ballot for the consolidated election in |
that political
subdivision the names of each of the candidates |
whose certificates of
nomination or nomination papers have been |
filed in his or her office and
direct the election authority to |
place upon the official ballot for the
consolidated election |
the names of such candidates in the same manner and
in the same |
order as shown upon the certification. Such local election
|
official shall, prior to certification, determine by a fair and |
impartial
method of random selection the order of placement of |
the established
political party candidates for the |
consolidated election ballot. Such
determination shall be made |
in the office of the local election official
and shall be open |
to the public. Three days written notice of the time and
place |
of conducting such random selection shall be given by each such |
local
election official to the county chair chairman of each |
established political
party, and to each organization of |
citizens within the election
jurisdiction which was entitled, |
|
under this Article, at the next preceding
election, to have |
pollwatchers present on the day of election. Each local
|
election official shall post in a conspicuous, open and public |
place, at the
entrance of the office, notice of the time and |
place of such lottery. The
local election official shall |
certify the ballot placement order so
determined as part of his |
official certification of candidates to the
election |
authorities whose duty it is to prepare the official ballot for
|
the consolidated election in that political subdivision.
|
The certification shall indicate, where applicable, the |
following:
|
(1) The political party affiliation of the candidates |
for the respective offices;
|
(2) If there is to be more than one candidate elected |
or nominated to an
office from the State, political |
subdivision or district;
|
(3) If the voter has the right to vote for more than |
one candidate for an office;
|
(4) The term of office, if a vacancy is to be filled |
for less than a
full term or if the offices to be filled in |
a political subdivision or
district are for different |
terms.
|
The local election official shall issue an amended |
certification whenever
it is discovered that the original |
certification is in error.
|
(Source: P.A. 96-1008, eff. 7-6-10.)
|
|
(10 ILCS 5/8-5) (from Ch. 46, par. 8-5)
|
Sec. 8-5.
There shall be constituted one legislative |
committee for each
political party in each legislative district |
and one representative committee
for each political party in |
each representative district. Legislative and
representative |
committees shall be composed as follows:
|
In legislative or representative districts within or |
including a portion
of any county containing 2,000,000 or more |
inhabitants, the legislative
or representative committee of a
|
political party shall consist of the committeepersons |
committeemen of such party
representing each township or ward |
of such county any portion of which
township or ward is |
included within such legislative or representative
district |
and the chair
chairman of each county central committee of such |
party of any county
containing less than 2,000,000 inhabitants |
any portion of which county
is included within such legislative |
or representative district.
|
In the remainder of the State, the legislative or |
representative committee
of a political
party shall consist of |
the chair chairman of each county central committee of
such |
party, any portion of which county is included within such
|
legislative or representative district; but if a legislative or |
representative
district comprises only one
county, or part of a |
county, its legislative or representative committee
shall |
consist of
the chair chairman of the county central committee |
|
and 2 members of the county
central committee who reside in the |
legislative or representative district,
as the case may be, |
elected by the county central committee.
|
Within 180 days after the primary of the even-numbered year |
immediately
following the decennial redistricting required by |
Section 3 of Article IV
of the Illinois Constitution of 1970, |
the ward committeepersons committeemen , township |
committeepersons
committeemen or chairmen of county central |
committees within each of the
redistricted legislative and |
representative districts shall meet and
proceed to organize by |
electing from among their own number a chair chairman and,
|
either from among their own number or otherwise, such other |
officers as
they may deem necessary or expedient. The ward |
committeepersons committeemen , township committeepersons
|
committeemen or chairmen of county central committees shall |
determine the
time and place (which shall be in the limits of |
such district) of such
meeting. Immediately upon completion of |
organization, the chair chairman shall
forward to the State |
Board of Elections the names and addresses of the chair
|
chairman and secretary of the committee. A vacancy shall occur |
when a
member dies, resigns or ceases to reside in the county, |
township or ward
which he represented.
|
Within 180 days after the primary of each other |
even-numbered year, each
legislative committee and |
representative committee shall meet and proceed
to organize by |
electing from among its own number a chair chairman , and either
|
|
from its own number or otherwise, such other officers as each |
committee
may deem necessary or expedient. Immediately upon |
completion of
organization, the chair chairman shall forward to |
the State Board of
Elections, the names and addresses of the |
chair chairman and secretary of the
committee. The outgoing |
chair chairman of such committee shall notify the
members of |
the time and place (which shall be in the limits of such
|
district) of such meeting. A vacancy shall occur when a member |
dies,
resigns, or ceases to reside in the county, township or |
ward, which he
represented.
|
If any change is made in the boundaries of any precinct, |
township or
ward, the committeeperson committeeman previously |
elected therefrom shall continue to
serve, as if no boundary |
change had occurred, for the purpose of acting
as a member of a |
legislative or representative committee until his successor
is |
elected or appointed.
|
(Source: P.A. 84-352.)
|
(10 ILCS 5/8-6) (from Ch. 46, par. 8-6)
|
Sec. 8-6.
In legislative or representative districts |
wholly contained
within counties having 2,000,000
or more |
inhabitants each member of each legislative or representative
|
committee shall in its
organization and proceedings be entitled |
to
one vote for each ballot voted in that portion of his |
township or ward in
the legislative or representative district |
by the primary electors of
his party at the last
primary at |
|
which members of the General Assembly were nominated. If a |
portion
of the legislative or representative district is within |
a county containing
2,000,000 or more inhabitants then each |
legislative or representative
committee member shall be |
entitled to vote as follows: (a) in the portion
of the district |
lying within a county of 2,000,000 or more inhabitants,
each |
committeeperson committeeman shall be entitled to one vote for |
each ballot voted in
that portion of his township or ward in |
the legislative or representative
district by primary electors |
of his party at the last primary at which
township or ward |
committeepersons committeemen were elected; (b) in the portion |
of the
district lying outside a county of 2,000,000 or more |
inhabitants, each chair
chairman of a county central committee |
shall be entitled to one vote for
each ballot voted in that |
portion of his county in the legislative or
representative |
district by the primary electors of his party at the last
|
primary at which members of the General Assembly were |
nominated. In the
remainder of the State, each member shall be |
entitled to cast one vote for
each ballot voted in that portion |
of his county in the legislative or
representative district by |
the primary electors of his party at the last
primary at which |
members of the General Assembly were nominated. However,
in |
counties under 2,000,000 population, if the legislative or
|
representative district comprises only one county, or part of a |
county,
each legislative or representative committee member |
shall be entitled to cast one vote.
|
|
(Source: P.A. 84-1308.)
|
(10 ILCS 5/8-7) (from Ch. 46, par. 8-7)
|
Sec. 8-7.
The various political party committees now in |
existence are
hereby recognized and shall exercise the powers |
and perform the duties
herein prescribed until |
committeepersons committeemen are chosen, in accordance with |
the
provisions of this article.
|
(Source: Laws 1943, vol. 2, p. 1.)
|
(10 ILCS 5/9-1.3) (from Ch. 46, par. 9-1.3)
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Sec. 9-1.3.
"Candidate" means any person who seeks |
nomination for election,
election to or retention in public |
office, or any person who seeks election
as ward or township |
committeeperson committeeman in counties of 3,000,000 or more |
population,
whether or not such person is elected. A person |
seeks nomination for election,
election or retention if he (1) |
takes the action necessary under the laws of
this State to |
attempt to qualify for nomination for election, election to or
|
retention in public office or election as ward or township |
committeeperson committeeman in
counties of 3,000,000 or more |
population, or (2) receives contributions or
makes |
expenditures, or gives consent for any other person to receive
|
contributions or make expenditures with a view to bringing |
about his
nomination for election or election to or retention |
in public
office, or his or her election as ward or township |
|
committeeperson committeeman in counties
of 3,000,000 or more |
population.
|
(Source: P.A. 89-405, eff. 11-8-95.)
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(10 ILCS 5/9-1.8)
(from Ch. 46, par. 9-1.8)
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Sec. 9-1.8. Political committees. |
(a) "Political committee" includes a candidate political |
committee, a political party committee, a political action |
committee, a ballot initiative committee, and an independent |
expenditure committee. |
(b) "Candidate political committee" means the candidate |
himself or herself or any natural person, trust, partnership, |
corporation, or other organization or group of persons |
designated by the candidate that accepts contributions or makes |
expenditures during any 12-month period in an aggregate amount |
exceeding $5,000 on behalf of the candidate. |
(c) "Political party committee" means the State central |
committee of a political party, a county central committee of a |
political party, a legislative caucus committee, or a committee |
formed by a ward or township committeeperson committeeman of a |
political party. For purposes of this Article, a "legislative |
caucus committee" means a committee established for the purpose |
of electing candidates to the General Assembly by the person |
elected President of the Senate, Minority Leader of the Senate, |
Speaker of the House of Representatives, Minority Leader of the |
House of Representatives, or a committee established by 5 or |
|
more members of the same caucus of the Senate or 10 or more |
members of the same caucus of the House of Representatives. |
(d) "Political action committee" means any natural person, |
trust, partnership, committee, association, corporation, or |
other organization or group of persons, other than a candidate, |
political party, candidate political committee, or political |
party committee, that accepts contributions or makes |
expenditures during any 12-month period in an aggregate amount |
exceeding $5,000 on behalf of or in opposition to a candidate |
or candidates for public office. "Political action committee" |
includes any natural person, trust, partnership, committee, |
association, corporation, or other organization or group of |
persons, other than a candidate, political party, candidate |
political committee, or political party committee, that makes |
electioneering communications during any 12-month period in an |
aggregate amount exceeding $5,000 related to any candidate or |
candidates for public office. |
(e) "Ballot initiative committee" means any natural |
person, trust, partnership, committee, association, |
corporation, or other organization or group of persons that |
accepts contributions or makes expenditures during any |
12-month period in an aggregate amount exceeding $5,000 in |
support of or in opposition to any question of public policy to |
be submitted to the electors. "Ballot initiative committee" |
includes any natural person, trust, partnership, committee, |
association, corporation, or other organization or group of |
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persons that makes electioneering communications during any |
12-month period in an aggregate amount exceeding $5,000 related |
to any question of public policy to be submitted to the voters. |
The $5,000 threshold applies to any contributions or |
expenditures received or made with the purpose of securing a |
place on the ballot for, advocating the defeat or passage of, |
or engaging in electioneering communication regarding the |
question of public policy, regardless of the method of |
initiation of the question of public policy and regardless of |
whether petitions have been circulated or filed with the |
appropriate office or whether the question has been adopted and |
certified by the governing body. |
(f) "Independent expenditure committee" means any trust, |
partnership, committee, association, corporation, or other |
organization or group of persons formed for the exclusive
|
purpose of making independent expenditures during any 12-month |
period in an aggregate amount exceeding $5,000 in support of or |
in opposition to (i) the nomination for election, election, |
retention, or defeat of any public official or candidate or |
(ii) any question of public policy to be submitted to the |
electors. "Independent expenditure committee" also includes |
any trust, partnership, committee, association, corporation, |
or other organization or group of persons that makes |
electioneering communications that are not made in connection, |
consultation, or concert with or at the request or suggestion |
of a public official or candidate, a public official's or |
|
candidate's designated political committee or campaign, or an |
agent or agents of the public official, candidate, or political |
committee or campaign during any 12-month period in an |
aggregate amount exceeding $5,000 related to (i) the nomination |
for election, election, retention, or defeat of any public |
official or candidate or (ii) any question of public policy to |
be submitted to the voters.
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(Source: P.A. 97-766, eff. 7-6-12; 98-115, eff. 7-29-13.)
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(10 ILCS 5/9-2) (from Ch. 46, par. 9-2)
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Sec. 9-2. Political committee designations. |
(a) Every political committee shall be designated as a (i) |
candidate political committee, (ii) political party committee, |
(iii) political action committee, (iv) ballot initiative |
committee, or (v) independent expenditure committee. |
(b) Beginning January 1, 2011, no public official or |
candidate for public office may maintain or establish more than |
one candidate political committee for each office that public |
official or candidate holds or is seeking. The name of each |
candidate political committee shall identify the name of the |
public official or candidate supported by the candidate |
political committee. If a candidate establishes separate |
candidate political committees for each public office, the name |
of each candidate political committee shall also include the |
public office to which the candidate seeks nomination for |
election, election, or retention. If a candidate establishes |
|
one candidate political committee for multiple offices elected |
at different elections, then the candidate shall designate an |
election cycle, as defined in Section 9-1.9, for purposes of |
contribution limitations and reporting requirements set forth |
in this Article.
No political committee, other than a candidate |
political committee, may include the name of a candidate in its |
name. |
(c) Beginning January 1, 2011, no State central committee |
of a political party, county central committee of a political |
party, committee formed by a ward or township committeeperson |
committeeman , or committee established for the purpose of |
electing candidates to the General Assembly may maintain or |
establish more than one political party committee. The name of |
the committee must include the name of the political party. |
(d) Beginning January 1, 2011, no natural person, trust, |
partnership, committee, association, corporation, or other |
organization or group of persons forming a political action |
committee shall maintain or establish more than one political |
action committee. The name of a political action committee must |
include the name of the entity forming the committee. This |
subsection does not apply to independent expenditure |
committees. |
(e) Beginning January 1, 2011, the name of a ballot |
initiative committee must include words describing the |
question of public policy and whether the group supports or |
opposes the question. |
|
(f) Every political committee shall designate a chair |
chairman
and a treasurer. The same person may serve as both |
chair chairman and
treasurer of any political committee.
A |
candidate who administers his own campaign contributions and
|
expenditures shall be deemed a political committee for purposes |
of this
Article and shall designate himself as chair chairman , |
treasurer, or both chair
chairman and treasurer of such |
political committee. The treasurer of a
political committee |
shall be responsible for keeping the records and
filing the |
statements and reports required by this Article.
|
(g) No contribution and no expenditure shall be accepted or |
made by or on
behalf of a political committee at a time when |
there is a vacancy in the
office of chair chairman or treasurer |
thereof. No expenditure shall be made
for or on behalf of a |
political committee without the authorization of
its chair |
chairman or treasurer, or their designated agents.
|
(h) For purposes of implementing the changes made by this |
amendatory Act of the 96th General Assembly, every political |
committee in existence on the effective date of this amendatory |
Act of the 96th General Assembly shall make the designation |
required by this Section by December 31, 2010. |
(Source: P.A. 96-832, eff. 7-1-10; 97-766, eff. 7-6-12.)
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(10 ILCS 5/9-8.10)
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Sec. 9-8.10. Use of political committee and other reporting |
organization
funds.
|
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(a) A political committee shall
not
make
expenditures:
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(1) In violation of any law of the United States or of |
this State.
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(2) Clearly in excess of the fair market value of the |
services,
materials, facilities,
or other things of value |
received in exchange.
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(3) For satisfaction or repayment of any debts other |
than loans made to
the
committee or to the public official |
or candidate on behalf of the committee or
repayment of |
goods
and services purchased by the committee under a |
credit
agreement. Nothing in this Section authorizes the |
use of campaign funds to
repay personal loans. The |
repayments shall be made by check written to the
person who |
made the loan or credit agreement. The terms and conditions |
of any
loan or credit agreement to a
committee shall be set |
forth in a written agreement, including but not limited
to |
the
method and
amount of repayment, that shall be executed |
by the chair chairman or treasurer of the
committee at the |
time of the loan or credit agreement. The loan or agreement
|
shall also
set forth the rate of interest for the loan, if |
any, which may not
substantially exceed the
prevailing |
market interest rate at the time the agreement is executed.
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(4) For the satisfaction or repayment of any debts or |
for the payment of
any expenses relating to a personal |
residence.
Campaign funds may not be used as collateral for |
home mortgages.
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(5) For clothing or personal laundry expenses, except |
clothing items
rented by
the public official or candidate
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for his or her own use exclusively for a specific |
campaign-related event,
provided that
committees may |
purchase costumes, novelty items, or other accessories |
worn
primarily to
advertise the candidacy.
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(6) For the travel expenses of
any person unless the |
travel is necessary for fulfillment of political,
|
governmental, or public policy duties, activities, or |
purposes.
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(7) For membership or club dues charged by |
organizations, clubs, or
facilities that
are primarily |
engaged in providing health, exercise, or recreational |
services;
provided,
however, that funds received under |
this Article may be used to rent the clubs
or facilities
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for a specific campaign-related event.
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(8) In payment for anything of value or for |
reimbursement of any
expenditure for
which any person has |
been reimbursed by the State or any person.
For purposes of |
this item (8), a per diem allowance is not a reimbursement.
|
(9) For the purchase of or installment payment for a |
motor vehicle unless
the political committee can |
demonstrate that purchase of a motor vehicle is
more |
cost-effective than leasing a motor vehicle as permitted |
under this item
(9). A political committee may lease or |
purchase and insure, maintain, and
repair a motor vehicle |
|
if the vehicle will be used primarily for campaign
purposes |
or
for the performance of governmental duties. A committee
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shall not make expenditures for use of the vehicle for |
non-campaign or
non-governmental purposes. Persons using |
vehicles not purchased or leased by a
political committee |
may be reimbursed for actual mileage for the use of the
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vehicle for campaign purposes or for the performance of |
governmental duties.
The mileage reimbursements shall be |
made at a rate not to exceed the standard
mileage rate |
method for computation of business expenses under the |
Internal
Revenue Code.
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(10) Directly for an individual's tuition or other |
educational expenses,
except for governmental or political |
purposes directly related to a candidate's
or public |
official's duties and responsibilities.
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(11) For payments to a public official or candidate or |
his or her
family member unless
for compensation for |
services actually rendered by that person.
The provisions |
of this item (11) do not apply to expenditures by a
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political committee in an aggregate
amount not exceeding |
the amount of funds reported to and certified by the State
|
Board or county clerk as available as of June 30, 1998, in |
the semi-annual
report of
contributions and expenditures |
filed by the
political committee for the period concluding |
June 30, 1998.
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(b) The Board shall have the authority to investigate, upon
|
|
receipt of a verified complaint, violations of the provisions |
of this Section.
The Board may levy a fine
on any person who |
knowingly makes expenditures in violation of this Section and
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on any person who knowingly makes a malicious and false |
accusation of a
violation of this Section.
The Board may act |
under this subsection only upon the affirmative vote of at
|
least 5 of its members. The fine shall not
exceed $500 for each |
expenditure of $500 or less and shall not exceed the
amount of |
the
expenditure plus $500 for each expenditure greater than |
$500. The Board shall
also
have the authority
to render rulings |
and issue opinions relating to compliance with this
Section.
|
(c) Nothing in this Section prohibits the expenditure of |
funds of a
political
committee controlled by an officeholder or |
by a candidate to defray the customary and reasonable expenses |
of an
officeholder in
connection with the performance of |
governmental and public service functions.
|
(d) Nothing in this Section prohibits the funds of a |
political committee which is controlled by a person convicted |
of a violation of any of the offenses listed in subsection (a) |
of Section 10 of the Public Corruption Profit Forfeiture Act |
from being forfeited to the State under Section 15 of the |
Public Corruption Profit Forfeiture Act. |
(Source: P.A. 96-1019, eff. 1-1-11.)
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(10 ILCS 5/9-11) (from Ch. 46, par. 9-11)
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Sec. 9-11. Financial reports. |
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(a) Each quarterly report of campaign contributions, |
expenditures, and independent expenditures under Section 9-10 |
shall disclose the following: |
(1) the name and address of the political committee; |
(2) the name and address of the person submitting the |
report on behalf of the committee, if other than the chair |
chairman or treasurer; |
(3) the amount of funds on hand at the beginning of the |
reporting period; |
(4) the full name and mailing address of each person |
who has made one or more contributions to or for the |
committee within the reporting period in an aggregate |
amount or value in excess of $150, together with the |
amounts and dates of those contributions, and, if the |
contributor is an individual who contributed more than |
$500, the occupation and employer of the contributor or, if |
the occupation and employer of the contributor are unknown, |
a statement that the committee has made a good faith effort |
to ascertain this information; |
(5) the total sum of individual contributions made to |
or for the committee during the reporting period and not |
reported under item (4); |
(6) the name and address of each political committee |
from which the reporting committee received, or to which |
that committee made, any transfer of funds in the aggregate |
amount or value in excess of $150, together with the |
|
amounts and dates of all transfers; |
(7) the total sum of transfers made to or from the |
committee during the reporting period and not reported |
under item (6); |
(8) each loan to or from any person, political |
committee, or financial institution within the reporting |
period by or to the committee in an aggregate amount or |
value in excess of $150, together with the full names and |
mailing addresses of the lender and endorsers, if any; the |
dates and amounts of the loans; and, if a lender or |
endorser is an individual who loaned or endorsed a loan of |
more than $500, the occupation and employer of that |
individual or, if the occupation and employer of the |
individual are unknown, a statement that the committee has |
made a good faith effort to ascertain this information; |
(9) the total amount of proceeds received by the |
committee from (i) the sale of tickets for each dinner, |
luncheon, cocktail party, rally, and other fund-raising |
events; (ii) mass collections made at those events; and |
(iii) sales of items such as political campaign pins, |
buttons, badges, flags, emblems, hats, banners, |
literature, and similar materials; |
(10) each contribution, rebate, refund, income from |
investments, or other receipt in excess of $150 received by |
the committee not otherwise listed under items (4) through |
(9) and, if the contributor is an individual who |
|
contributed more than $500, the occupation and employer of |
the contributor or, if the occupation and employer of the |
contributor are unknown, a statement that the committee has |
made a good faith effort to ascertain this information; |
(11) the total sum of all receipts by or for the |
committee or candidate during the reporting period; |
(12) the full name and mailing address of each person |
to whom expenditures have been made by the committee or |
candidate within the reporting period in an aggregate |
amount or value in excess of $150; the amount, date, and |
purpose of each of those expenditures; and the question of |
public policy or the name and address of, and the office |
sought by, each candidate on whose behalf that expenditure |
was made; |
(13) the full name and mailing address of each person |
to whom an expenditure for personal services, salaries, and |
reimbursed expenses in excess of $150 has been made and |
that is not otherwise reported, including the amount, date, |
and purpose of the expenditure; |
(14) the value of each asset held as an investment, as |
of the final day of the reporting period; |
(15) the total sum of expenditures made by the |
committee during the reporting period; and |
(16) the full name and mailing address of each person |
to whom the committee owes debts or obligations in excess |
of $150 and the amount of those debts or obligations. |
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For purposes of reporting campaign receipts and expenses, |
income from investments shall be included as receipts during |
the reporting period they are actually received. The gross |
purchase price of each investment shall be reported as an |
expenditure at time of purchase. Net proceeds from the sale of |
an investment shall be reported as a receipt. During the period |
investments are held they shall be identified by name and |
quantity of security or instrument on each semi-annual report |
during the period. |
(b) Each report of a campaign contribution of $1,000 or |
more required under subsection (c) of Section 9-10
shall |
disclose the following:
|
(1) the name and address of the political committee;
|
(2) the name and address of the person submitting the |
report on behalf of the committee, if other than the chair |
chairman or treasurer; and
|
(3) the full name and mailing address of each person |
who has made a contribution of $1,000 or more.
|
(c) Each quarterly report shall include the following |
information regarding any independent expenditures made during |
the reporting period: (1) the full name and mailing address of |
each person to whom an expenditure in excess of $150 has been |
made in connection with an independent expenditure; (2) the |
amount, date, and purpose of such expenditure; (3) a statement |
whether the independent expenditure was in support of or in |
opposition to a particular candidate; (4) the name of the |
|
candidate;
(5) the office and, when applicable, district, |
sought by the candidate; and (6) a certification, under penalty |
of perjury, that such expenditure was not made in cooperation, |
consultation, or concert with, or at the request or suggestion |
of, any candidate or any authorized committee or agent of such |
committee. The report shall also include (I) the total of all |
independent expenditures of $150 or less made during the |
reporting period and (II) the total amount of all independent |
expenditures made during the reporting period. |
(d) The Board shall by rule define a "good faith effort".
|
The reports of campaign contributions filed under this |
Article shall be
cumulative during the reporting period to |
which they relate.
|
(e) Each report shall be verified, dated, and signed by |
either the treasurer of the political committee or the |
candidate on whose behalf the report is filed and shall contain |
the following verification: |
"I declare that this report (including any accompanying |
schedules and statements) has been examined by me and, to the |
best of my knowledge and belief, is a true, correct, and |
complete report as required by Article 9 of the Election Code. |
I understand that willfully filing a false or incomplete |
statement is subject to a civil penalty of up to $5,000.". |
(f) A political committee may amend a report filed under |
subsection (a) or (b). The Board may reduce or waive a fine if |
the amendment is due to a technical or inadvertent error and |
|
the political committee files the amended report, except that a |
report filed under subsection (b) must be amended within 5 |
business days. The State Board shall ensure that a description |
of the amended information is available to the public. The |
Board may promulgate rules to enforce this subsection. |
(Source: P.A. 96-832, eff. 1-1-11 .)
|
(10 ILCS 5/9-15) (from Ch. 46, par. 9-15) |
Sec. 9-15. It shall be the duty of the Board- |
(1) to develop prescribed forms for filing statements |
of organization and required reports; |
(2) to prepare, publish, and furnish to the appropriate |
persons a manual of instructions setting forth recommended
|
uniform methods of bookkeeping and reporting under this |
Article; |
(3) to prescribe suitable rules and regulations to |
carry out the
provisions of this Article. Such rules and |
regulations shall be published
and made available to the |
public; |
(4) to send by first class mail, after the general |
primary election in
even numbered years, to the chair |
chairman of each regularly constituted
State central |
committee, county central committee and, in counties with a
|
population of more than 3,000,000, to the committeepersons |
committeemen of each township and
ward organization of each |
political party notice of their obligations under
this |
|
Article, along with a form for filing the statement of |
organization; |
(5) to promptly make all reports and statements filed |
under this Article available for public inspection and |
copying no later than 2 business days after their receipt |
and to permit copying of any such report or statement at |
the expense of the person requesting the copy; |
(6) to develop a filing, coding, and cross-indexing |
system consistent with the purposes of this Article; |
(7) to compile and maintain a list of all statements or |
parts of statements pertaining to each candidate; |
(8) to prepare and publish such reports as the Board |
may deem appropriate; |
(9) to annually notify each political committee that |
has filed a statement of organization with the Board of the |
filing dates for each quarterly report, provided that such |
notification shall be made by first-class mail unless the |
political committee opts to receive notification |
electronically via email; and |
(10) to promptly send, by first class mail directed |
only to the officers of a political committee, and by |
certified mail to the address of the political committee, |
written notice of any fine or penalty assessed or imposed |
against the political committee under this Article. |
(Source: P.A. 96-1263, eff. 1-1-11; 97-766, eff. 7-6-12.)
|
|
(10 ILCS 5/9-20) (from Ch. 46, par. 9-20)
|
Sec. 9-20.
Any person who believes a violation of this |
Article has occurred may
file a verified complaint with the |
Board. Such verified complaint shall be
directed to a candidate |
or the chair chairman or treasurer of a political
committee, |
and shall be subject to the following requirements:
|
(1) The complaint shall be in writing.
|
(2) The complaint shall state the name of the candidate or |
chair chairman or
treasurer of a political committee against |
whom the complaint is directed.
|
(3) The complaint shall state the statutory provisions |
which are alleged
to have been violated.
|
(4) The complaint shall state the time, place, and nature |
of the alleged
offense.
|
The complaint shall be verified, dated, and signed by the |
person filing
the complaint in substantially the following |
manner:
VERIFICATION:
|
"I declare that this complaint (including any accompanying |
schedules and
statements) has been examined by me and to the |
best of my knowledge and
belief is a true and correct complaint |
as required by Article 9 of The
Election Code. I understand |
that the penalty for willfully filing a false
complaint shall |
be a fine not to exceed $500 or imprisonment in a penal
|
institution other than the penitentiary not to exceed 6 months, |
or both
fine and imprisonment."
|
.............................................................
|
|
(date of filing)
|
(signature of person filing the complaint)
|
(Source: P.A. 78-1183 .)
|
(10 ILCS 5/10-2) (from Ch. 46, par. 10-2)
|
Sec. 10-2.
The term "political party", as hereinafter used |
in this
Article 10, shall mean any "established political |
party", as hereinafter
defined and shall also mean any |
political group which shall hereafter
undertake to form an |
established political party in the manner provided
for in this |
Article 10: Provided, that no political organization or
group |
shall be qualified as a political party hereunder, or given a
|
place on a ballot, which organization or group is associated, |
directly
or indirectly, with Communist, Fascist, Nazi or other |
un-American
principles and engages in activities or propaganda |
designed to teach
subservience to the political principles and |
ideals of foreign nations
or the overthrow by violence of the |
established constitutional form of
government of the United |
States and the State of Illinois.
|
A political party which, at the last general election for |
State and
county officers, polled for its candidate for |
Governor more than 5% of
the entire vote cast for Governor, is |
hereby declared to be an
"established political party" as to |
the State and as to any district or
political subdivision |
thereof.
|
A political party which, at the last election in any |
|
congressional
district, legislative district, county, |
township, municipality or other
political subdivision or |
district in the State, polled more than 5% of
the entire vote |
cast within such territorial area or political
subdivision, as |
the case may be, has voted as a unit for the election of
|
officers to serve the respective territorial area of such |
district or
political subdivision, is hereby declared to be an |
"established
political party" within the meaning of this |
Article as to such district
or political subdivision.
|
Any group of persons hereafter desiring to form a new |
political party
throughout the State, or in any congressional, |
legislative or judicial
district, or in any other district or |
in any political subdivision
(other than a municipality) not |
entirely within a single county, shall
file with the State |
Board of Elections a petition, as hereinafter
provided; and any |
such group of persons hereafter desiring to form a new
|
political party within any county shall file such petition with |
the
county clerk; and any such group of persons hereafter |
desiring to form a
new political party within any municipality |
or township or within any
district of a unit of local |
government other than a county shall file
such petition with |
the local election official or Board of Election
Commissioners |
of such municipality, township or other unit of local
|
government, as the case may be. Any such petition for the |
formation of a
new political party throughout the State, or in |
any such district or
political subdivision, as the case may be, |
|
shall declare as concisely as
may be the intention of the |
signers thereof to form such new political
party in the State, |
or in such district or political subdivision; shall
state in |
not more than 5 words the name of such new political party;
|
shall at the time of filing contain a complete list of |
candidates of
such party for all offices to be filled in the |
State, or such district
or political subdivision as the case |
may be, at the next ensuing
election then to be held; and, if |
such new political party shall be
formed for the entire State, |
shall be signed by 1% of the number of voters
who voted at the |
next preceding Statewide general election or 25,000
qualified |
voters, whichever is less. If such new political party shall be
|
formed for any district
or political subdivision less than the |
entire State, such petition shall
be signed by qualified voters |
equaling in number not less than 5% of the
number of voters who |
voted at the next preceding regular election in
such district |
or political subdivision in which such district or
political |
subdivision voted as a unit for the election of officers to
|
serve its respective territorial area. However, whenever the |
minimum signature
requirement for a district or political |
subdivision new political
party petition shall exceed the |
minimum number of signatures for State-wide
new political party |
petitions at the next preceding State-wide general
election, |
such State-wide petition signature requirement shall be the
|
minimum for such district or political subdivision new |
political party petition.
|
|
For the first election following a redistricting of |
congressional districts,
a petition to form a new political |
party in a congressional district shall
be signed by at least |
5,000 qualified voters of the congressional district.
For the |
first election following a redistricting of legislative |
districts,
a petition to form a new political party in a |
legislative district shall
be signed by at least 3,000 |
qualified voters of the legislative district.
For the first |
election following a redistricting of representative
|
districts, a petition to form a new political party in a |
representative
district shall be signed by at least 1,500 |
qualified voters of the
representative district.
|
For the first election following redistricting of county |
board districts,
or of municipal wards or districts, or for the |
first election following
the initial establishment of such |
districts or wards in a county or
municipality, a petition to |
form a new political party in a county board
district or in a |
municipal ward or district shall be signed by qualified
voters |
of the district or ward equal to not less than 5% of the total
|
number of votes cast at the preceding general or municipal |
election, as the
case may be, for the county or municipal |
office voted on throughout the
county or municipality for which |
the greatest total number of votes were
cast for all |
candidates, divided by the number of districts or wards, but
in |
any event not less than 25 qualified voters of the district or |
ward.
|
|
In the case of a petition to form a new political party |
within a political
subdivision in which officers are to be |
elected from
districts and at-large, such petition shall |
consist
of separate components for each district from which an |
officer
is to be elected. Each component shall be circulated |
only within a
district of the political subdivision and signed |
only by qualified electors
who are residents of such district. |
Each sheet of such petition must
contain a complete list of the |
names of the candidates of the party for all
offices to be |
filled in the political subdivision at large, but the sheets
|
comprising each component shall also contain the names of those |
candidates
to be elected from the particular district. Each |
component of the petition
for each district from which an |
officer is to be elected must be signed by
qualified voters of |
the district equalling in number not less than 5% of
the number |
of voters who voted at the next preceding regular election in
|
such district at which an officer was elected to serve the |
district. The
entire petition, including all components, must |
be signed by a total of
qualified voters of the entire |
political subdivision equalling in number
not less than 5% of |
the number of voters who voted at the next preceding
regular |
election in such political subdivision at which an officer was
|
elected to serve the political subdivision at large.
|
The filing of such petition shall constitute the political |
group a
new political party, for the purpose only of placing |
upon the ballot at
such next ensuing election such list or an |
|
adjusted list in accordance
with Section 10-11, of party |
candidates for offices to be voted for
throughout the State, or |
for offices to be voted for in such district or
political |
subdivision less than the State, as the case may be, under the
|
name of and as the candidates of such new political party.
|
If, at such ensuing election, the new political party's |
candidate for
Governor shall receive more than 5% of the entire |
votes cast for
Governor, then such new political party shall |
become an "established
political party" as to the State and as |
to every district or political
subdivision thereof. If, at such |
ensuing election, the other candidates
of the new political |
party, or any other candidate or candidates of the
new |
political party shall receive more than 5% of all the votes |
cast for
the office or offices for which they were candidates |
at such election,
in the State, or in any district or political |
subdivision, as the case
may be, then and in that event, such |
new political party shall become an
"established political |
party" within the State or within such district
or political |
subdivision less than the State, as the case may be, in
which |
such candidate or candidates received more than 5% of the votes
|
cast for the office or offices for which they were candidates. |
It shall
thereafter nominate its candidates for public offices |
to be filled in
the State, or such district or political |
subdivision, as the case may
be, under the provisions of the |
laws regulating the nomination of
candidates of established |
political parties at primary elections and
political party |
|
conventions, as now or hereafter in force.
|
A political party which continues to receive for its |
candidate for
Governor more than 5% of the entire vote cast for |
Governor, shall remain
an "established political party" as to |
the State and as to every
district or political subdivision |
thereof. But if the political party's
candidate for Governor |
fails to receive more than 5% of the entire vote
cast for |
Governor, or if the political party does not nominate a
|
candidate for Governor, the political party shall remain an |
"established
political party" within the State or within such |
district or political
subdivision less than the State, as the |
case may be, only so long as,
and only in those districts or |
political subdivisions in which, the
candidates of that |
political party, or any candidate or candidates of
that |
political party, continue to receive more than 5% of all the |
votes
cast for the office or offices for which they were |
candidates at
succeeding general or consolidated elections |
within the State or within
any district or political |
subdivision, as the case may be.
|
Any such petition shall be filed at the same time and shall |
be
subject to the same requirements and to the same provisions |
in respect
to objections thereto and to any hearing or hearings |
upon such
objections that are hereinafter in this Article 10 |
contained in regard
to the nomination of any other candidate or |
candidates by petition. If
any such new political party shall |
become an "established political
party" in the manner herein |
|
provided, the candidate or candidates of
such new political |
party nominated by the petition hereinabove referred
to for |
such initial election, shall have power to select any such |
party committeeperson
committeeman or committeepersons |
committeemen as shall be necessary for the creation of a
|
provisional party organization and provisional managing |
committee or
committees for such party within the State, or in |
any district or
political subdivision in which the new |
political party has become
established; and the party |
committeeperson committeeman or committeepersons committeemen |
so selected
shall constitute a provisional party organization |
for the new political
party and shall have and exercise the |
powers conferred by law upon any
party committeeperson |
committeeman or committeepersons committeemen to manage and |
control the affairs of
such new political party until the next |
ensuing primary election at
which the new political party shall |
be entitled to nominate and elect
any party committeeperson |
committeeman or committeepersons committeemen in the State, or |
in such district
or political subdivision under any parts of |
this Act relating to the
organization of political parties.
|
A candidate for whom a nomination paper has been filed as a |
partisan
candidate at a primary election, and who is defeated |
for his or her
nomination at the primary election, is |
ineligible for nomination as a
candidate of a new political |
party for election in that general election.
|
(Source: P.A. 86-875.)
|
|
(10 ILCS 5/10-6.2) (from Ch. 46, par. 10-6.2)
|
Sec. 10-6.2.
The State Board of Elections, the election |
authority or
the local election official with whom petitions |
for nomination are filed
pursuant to this Article 10 shall |
specify the place where filings shall
be made and upon receipt |
shall endorse thereon the day and the hour at
which each |
petition was filed. Except as provided by Article 9 of The
|
School Code, all petitions filed by persons waiting
in line as |
of 8:00 a.m. on the first day for filing, or as of the normal
|
opening hour of the office involved on such day, shall be |
deemed filed
as of 8:00 a.m. or the normal opening hour, as the |
case may be.
Petitions filed by mail and received after |
midnight of the first day for
filing and in the first mail |
delivery or pickup of that day shall be
deemed filed as of 8:00 |
a.m. of that day or as of the normal opening
hour of such day, |
as the case may be. All petitions received thereafter
shall be |
deemed filed in the order of actual receipt. However, 2 or more |
petitions filed within the last hour of the filing deadline |
shall be deemed filed simultaneously. Where 2 or more
petitions |
are received simultaneously, the State Board of Elections, the
|
election authority or the local election official with whom |
such
petitions are filed shall break ties and determine the |
order of filing
by means of a lottery or other fair and |
impartial method of random
selection approved by the State |
Board of Elections. Such lottery shall
be conducted within 9 |
|
days following the last day for petition filing and shall
be |
open to the public. Seven days written notice of the time and |
place of
conducting such random selection shall be given, by |
the State Board of
Elections, the election authority, or local |
election official, to the Chair Chairman
of each political |
party, and to each organization of citizens within the
election |
jurisdiction which was entitled, under this Code, at the next
|
preceding election, to have pollwatchers present on the day of |
election. The
State Board of Elections, the election authority |
or local election official
shall post in a conspicuous, open |
and public place, at the entrance of the
office, notice of the |
time and place of such lottery. The State Board of
Elections |
shall adopt rules and regulations governing the procedures for
|
the conduct of such lottery. All candidates shall be
certified |
in the order in which their petitions have been filed and in |
the
manner prescribed by Section 10-14 and 10-15 of this |
Article. Where
candidates have filed simultaneously, they |
shall be certified in the order
determined by lot and prior to |
candidates who filed for the same office or
offices at a later |
time. Certificates of nomination filed within the
period |
prescribed in Section 10-6(2) for candidates nominated by |
caucus for
township or municipal offices shall be subject to |
the ballot placement
lottery for established political parties |
prescribed in Section 7-60 of
this Code.
|
If multiple sets of nomination papers are filed for a |
candidate to
the same office, the State Board of Elections, |
|
appropriate election
authority or local election official |
where the petitions are filed shall
within 2 business days |
notify the candidate of his or her multiple petition
filings |
and that the candidate has 3 business days after receipt of the |
notice
to notify the State Board of Elections, appropriate |
election authority or local
election official that he or she |
may cancel prior sets of petitions. If the
candidate notifies |
the State Board of Elections, appropriate election authority
or |
local election official, the last set of petitions filed shall |
be the only
petitions to be considered valid by the State Board |
of Elections, election
authority or local election official. If |
the candidate fails to notify the
State Board of Elections, |
appropriate election authority or local election
official then |
only the first set of petitions filed shall be valid and all
|
subsequent petitions shall be void.
|
(Source: P.A. 98-115, eff. 7-29-13.)
|
(10 ILCS 5/10-8) (from Ch. 46, par. 10-8)
|
Sec. 10-8.
Certificates of nomination and nomination |
papers, and
petitions to submit public questions to a |
referendum, being filed as
required by this Code, and being in |
apparent conformity with the
provisions of this Act, shall be |
deemed to be valid unless objection
thereto is duly made in |
writing within 5 business days after the last day for
filing |
the certificate of nomination or nomination papers or petition
|
for a public question, with the following exceptions:
|
|
A. In the case of petitions to amend Article IV of the
|
Constitution of the State of Illinois, there shall be a |
period of 35
business days after the last day for the |
filing of such
petitions in which objections can be filed.
|
B. In the case of petitions for advisory questions of |
public policy to be
submitted to the voters of the entire |
State, there shall be a period of
35 business days after |
the last day for the filing of such
petitions in which |
objections can be filed.
|
Any legal voter of the political subdivision or district in |
which the
candidate or public question is to be voted on, or |
any legal voter in
the State in the case of a proposed |
amendment to Article IV of the
Constitution or an advisory |
public question to be submitted to the
voters of the entire |
State, having objections to any certificate of nomination
or |
nomination papers or petitions filed, shall file an objector's |
petition
together with 2 copies thereof in the principal office |
or the permanent branch
office of the State Board of Elections, |
or in the office of the election
authority or local election |
official with whom the certificate of
nomination, nomination |
papers or petitions are on file. Objection petitions that do |
not include 2 copies thereof, shall not be accepted.
In the |
case of nomination papers or certificates of nomination,
the |
State Board of Elections, election authority or local election |
official
shall note the day and hour upon which such objector's
|
petition is filed, and shall, not later than 12:00
noon on the |
|
second business day after receipt of the
petition, transmit by |
registered mail or receipted
personal delivery the certificate |
of nomination or nomination papers and
the original objector's |
petition to the chair chairman of the proper electoral
board |
designated in Section 10-9 hereof, or his authorized agent, and
|
shall transmit a copy by registered mail or receipted personal |
delivery
of the objector's petition, to the candidate whose |
certificate of nomination
or nomination papers are objected to, |
addressed to the place of residence
designated in said |
certificate of nomination or nomination papers. In the
case of |
objections to a petition for a proposed amendment to Article IV |
of
the Constitution or for an advisory public question to be |
submitted to the
voters of the entire State, the State Board of |
Elections shall note the day
and hour upon which such |
objector's petition is filed and shall transmit a
copy of the |
objector's petition by registered mail or receipted personal
|
delivery to the person designated on a certificate attached to |
the petition
as the principal proponent of such proposed |
amendment or public question,
or as the proponents' attorney, |
for the purpose of receiving notice of
objections. In the case |
of objections to a petition for a public question,
to be |
submitted to the voters of a political subdivision, or district
|
thereof, the election authority or local election official with |
whom such
petition is filed shall note the day and hour upon |
which such
objector's petition was filed, and shall, not later |
than 12:00 noon on the
second business day after receipt of the |
|
petition,
transmit by registered mail or receipted personal |
delivery
the petition for the public question and the original |
objector's petition
to the chair chairman of the proper |
electoral board designated in Section 10-9
hereof, or his |
authorized agent, and shall transmit a copy by
registered mail |
or receipted personal delivery, of the objector's petition
to |
the person designated on a certificate attached to the petition |
as the
principal proponent of the public question, or as the |
proponent's attorney,
for the purposes of receiving notice of |
objections.
|
The objector's petition shall give the objector's name and |
residence
address, and shall state fully the nature of the |
objections to the
certificate of nomination or nomination |
papers or petitions in question,
and shall state the interest |
of the objector and shall state what relief
is requested of the |
electoral board.
|
The provisions of this Section and of Sections 10-9, 10-10 |
and
10-10.1 shall also apply to and govern objections to |
petitions for
nomination filed under Article 7 or Article 8, |
except as otherwise
provided in Section 7-13 for cases to which |
it is applicable, and also
apply to and govern petitions for |
the submission of public questions under
Article 28.
|
(Source: P.A. 98-691, eff. 7-1-14.)
|
(10 ILCS 5/10-9) (from Ch. 46, par. 10-9)
|
Sec. 10-9. The following electoral boards are designated |
|
for the
purpose of hearing and passing upon the objector's |
petition described in
Section 10-8.
|
1. The State Board of Elections will hear and pass upon |
objections
to the nominations of candidates for State |
offices,
nominations of candidates for congressional or |
legislative offices that are in more than one county or are |
wholly located within a single county with a population of |
less than 3,000,000 and judicial
offices of districts, |
subcircuits, or circuits situated in more than one county, |
nominations
of candidates for the offices of State's |
attorney or regional superintendent
of schools to be |
elected from more than one county, and petitions for
|
proposed amendments to the Constitution of the State of |
Illinois as
provided for in Section 3 of Article XIV of the |
Constitution.
|
2. The county officers electoral board of a county with |
a population of less than 3,000,000 to hear and pass upon
|
objections to the nominations of candidates for county |
offices and judicial offices of a district, subcircuit, or
|
circuit coterminous with or less than a county, for any |
school district offices, for the office of multi-township |
assessor where candidates for
such office are nominated in |
accordance with this Code, and for all special
district |
offices, shall be composed of the county clerk, or an |
assistant
designated by the county clerk, the State's |
attorney of the county or
an Assistant State's Attorney |
|
designated by the State's Attorney, and the
clerk of the |
circuit court, or an assistant designated by the clerk of
|
the circuit court, of the county, of whom the county clerk |
or his designee
shall be the chair chairman , except that in |
any county which has established a
county board of election |
commissioners that board
shall constitute the county |
officers electoral board ex-officio. If a school district |
is located in 2 or more counties, the county officers |
electoral board of the county in which the principal office |
of the school district is located shall hear and pass upon |
objections to nominations of candidates for school |
district office in that school district.
|
2.5. The county officers electoral board of a county |
with a population of 3,000,000 or more to hear and
pass |
upon objections to the nominations of candidates for county |
offices, candidates for congressional and legislative |
offices if the district is wholly within a county with a |
population of 3,000,000 or more, unless the district is |
wholly or partially within the jurisdiction of a municipal |
board of election commissioners, and judicial offices of a |
district, subcircuit, or circuit coterminous with or less |
than a county, for any school district offices, for the |
office of multi-township assessor where candidates for |
such office are nominated in accordance with this Code, and |
for all special district offices, shall be composed of the |
county clerk, or an assistant designated by the county |
|
clerk, the State's Attorney of the county or an Assistant |
State's Attorney designated by the State's Attorney, and |
the clerk of the circuit court, or an assistant designated |
by the clerk of the circuit court, of the county, of whom |
the county clerk or his designee shall be the chair |
chairman , except that, in any county which has established |
a county board of election commissioners, that board shall |
constitute the county officers electoral board ex-officio. |
If a school district is located in 2 or more counties, the |
county officers electoral board of the county in which the |
principal office of the school district is located shall |
hear and pass upon objections to nominations of candidates |
for school district office in that school district. |
3. The municipal officers electoral board to hear and |
pass upon
objections to the nominations of candidates for |
officers of
municipalities shall be composed of the mayor |
or president of the board
of trustees of the city, village |
or incorporated town, and the city,
village or incorporated |
town clerk, and one member of the city council
or board of |
trustees, that member being designated who is eligible to
|
serve on the electoral board and has served the
greatest |
number of years as a member of the city council or board of
|
trustees, of whom the mayor or president of the board of |
trustees shall
be the chair chairman .
|
4. The township officers electoral board to pass upon |
objections to
the nominations of township officers shall be |
|
composed of the township
supervisor, the town clerk, and |
that eligible town trustee elected in the
township who has |
had the longest term of continuous service as town
trustee, |
of whom the township supervisor shall be the chair |
chairman .
|
5. The education officers electoral board to hear and |
pass upon
objections to the nominations of candidates for |
offices in
community college districts shall be composed of |
the presiding officer of
the community college district |
board, who shall be the chair chairman ,
the secretary of |
the community college district board and the
eligible |
elected community college board member who has the
longest |
term of continuous service as a board member.
|
6. In all cases, however, where the Congressional, |
Legislative, or Representative
district is wholly or |
partially within the jurisdiction of a single municipal |
board of election
commissioners in Cook County and in all |
cases where the school district or special
district is |
wholly within the jurisdiction of a municipal board of
|
election commissioners and in all cases where the |
municipality or
township is wholly or partially within the |
jurisdiction of a municipal
board of election |
commissioners, the board of election commissioners
shall |
ex-officio constitute the electoral board.
|
For special districts situated in more than one county, the |
county officers
electoral board of the county in which the |
|
principal office of the district
is located has jurisdiction to |
hear and pass upon objections. For purposes
of this Section, |
"special districts" means all political subdivisions other
|
than counties, municipalities, townships and school and |
community college
districts.
|
In the event that any member of the appropriate board is a |
candidate
for the office with relation to which the objector's |
petition is filed,
he shall not be eligible to serve on that |
board and shall not act as
a member of the board and his place |
shall be filled as follows:
|
a. In the county officers electoral board by the county
|
treasurer, and if he or she is ineligible to serve, by the |
sheriff of the
county.
|
b. In the municipal officers electoral board by the |
eligible
elected city council or board of trustees member |
who has served the second
greatest number of years as a |
city council or board of trustees member.
|
c. In the township officers electoral board by the |
eligible
elected town trustee who has had the second |
longest term of continuous service
as a town trustee.
|
d. In the education officers electoral board by the |
eligible
elected community college district board member |
who has had the
second longest term of continuous service |
as a board member.
|
In the event that the chair chairman of the electoral board |
is ineligible
to act because of the fact that he or she is a |
|
candidate for the office with
relation to which the objector's |
petition is filed, then the substitute
chosen under the |
provisions of this Section shall be the chair chairman ; In
this |
case, the officer or board with whom the objector's petition is
|
filed, shall transmit the certificate of nomination or |
nomination papers
as the case may be, and the objector's |
petition to the substitute chair
chairman of the electoral |
board.
|
When 2 or more eligible individuals, by reason of their |
terms of service
on a city council or board of trustees, |
township board of
trustees, or community college district |
board, qualify to serve
on an electoral board, the one to serve |
shall be chosen by lot.
|
Any vacancies on an electoral board not otherwise filled |
pursuant to this
Section shall be filled by public members |
appointed by the Chief Judge of
the Circuit Court for the |
county wherein the electoral board hearing is
being held upon |
notification to the Chief Judge of such
vacancies. The Chief |
Judge shall be so notified by a member of the electoral
board |
or the officer or board with whom the objector's petition was |
filed.
In the event that none of the individuals designated by |
this Section to
serve on the electoral board are eligible, the |
chair chairman of an electoral
board shall be designated by the |
Chief Judge.
|
(Source: P.A. 98-115, eff. 7-29-13; 98-1171, eff. 6-1-15 .)
|
|
(10 ILCS 5/10-10) (from Ch. 46, par. 10-10)
|
Sec. 10-10. Within 24 hours after the receipt of the |
certificate of
nomination or nomination papers or proposed |
question of public
policy, as the case may be, and the |
objector's petition, the chair chairman
of the electoral board |
other than the State Board of Elections shall
send a call by |
registered or certified mail to each of the members of the
|
electoral board, and to the objector who filed the objector's |
petition, and
either to the candidate whose certificate of |
nomination or nomination
papers are objected to or to the |
principal proponent or attorney for
proponents of a question of |
public policy, as the case may be, whose
petitions are objected |
to, and shall also cause the sheriff of the county
or counties |
in which such officers and persons reside to serve a copy of
|
such call upon each of such officers and persons, which call |
shall set out
the fact that the electoral board is required to |
meet to hear and pass upon
the objections to nominations made |
for the office, designating it, and
shall state the day, hour |
and place at which the electoral board shall meet
for the |
purpose, which place shall be in the
county court house in the |
county in the case of the County Officers
Electoral Board, the |
Municipal Officers Electoral Board, the Township
Officers |
Electoral Board or the Education Officers Electoral Board, |
except that the Municipal Officers Electoral Board, the |
Township Officers Electoral Board, and the Education Officers |
Electoral Board may meet at the location where the governing |
|
body of the municipality, township, or community college |
district, respectively, holds its regularly scheduled |
meetings, if that location is available; provided that voter |
records may be removed from the offices of an election |
authority only at the discretion and under the supervision of |
the election authority.
In
those cases where the State Board of |
Elections is the electoral board
designated under Section 10-9, |
the chair chairman of the State Board of Elections
shall, |
within 24 hours after the receipt of the certificate of |
nomination
or nomination papers or petitions for a proposed |
amendment to Article IV of
the Constitution or proposed |
statewide question of public policy, send a
call by registered |
or certified mail to the objector who files the
objector's |
petition, and either to the candidate whose certificate of
|
nomination or nomination papers are objected to or to the |
principal
proponent or attorney for proponents of the proposed |
Constitutional
amendment or statewide question of public |
policy and shall state the day,
hour, and place at which the |
electoral board shall meet for the purpose,
which place may be |
in the Capitol Building or in the principal or permanent
branch |
office of the State Board. The day of the meeting shall not be |
less
than 3 nor more than 5 days after the receipt of the |
certificate of
nomination or nomination papers and the |
objector's petition by the chair chairman
of the electoral |
board.
|
The electoral board shall have the power to administer |
|
oaths and to
subpoena and examine witnesses and, at the request |
of either party and only upon a vote by a majority of its |
members, may authorize the chair
chairman to issue subpoenas |
requiring the attendance of witnesses and
subpoenas duces tecum |
requiring the production of such books, papers,
records and |
documents as may be evidence of any matter under inquiry
before |
the electoral board, in the same manner as witnesses are
|
subpoenaed in the Circuit Court.
|
Service of such subpoenas shall be made by any sheriff or |
other
person in the same manner as in cases in such court and |
the fees of such
sheriff shall be the same as is provided by |
law, and shall be paid by
the objector or candidate who causes |
the issuance of the subpoena. In
case any person so served |
shall knowingly neglect or refuse to obey any
such subpoena, or |
to testify, the electoral board shall at once file a
petition |
in the circuit court of the county in which such hearing is to
|
be heard, or has been attempted to be heard, setting forth the |
facts, of
such knowing refusal or neglect, and accompanying the |
petition with a
copy of the citation and the answer, if one has |
been filed, together
with a copy of the subpoena and the return |
of service thereon, and shall
apply for an order of court |
requiring such person to attend and testify,
and forthwith |
produce books and papers, before the electoral board. Any
|
circuit court of the state, excluding the judge who is sitting |
on the electoral
board, upon such showing shall order such |
person to appear and testify,
and to forthwith produce such |
|
books and papers, before the electoral board
at a place to be |
fixed by the court. If such person shall knowingly fail
or |
refuse to obey such order of the court without lawful excuse, |
the court
shall punish him or her by fine and imprisonment, as |
the nature of the case
may require and may be lawful in cases |
of contempt of court.
|
The electoral board on the first day of its meeting shall |
adopt rules
of procedure for the introduction of evidence and |
the presentation of
arguments and may, in its discretion, |
provide for the filing of briefs
by the parties to the |
objection or by other interested persons.
|
In the event of a State Electoral Board hearing on |
objections to a
petition for an amendment to Article IV of the |
Constitution
pursuant to Section 3 of Article XIV of the |
Constitution, or to a
petition for a question of public policy |
to be submitted to the
voters of the entire State, the |
certificates of the county clerks and boards
of election |
commissioners showing the results of the random sample of
|
signatures on the petition shall be prima facie valid and |
accurate, and
shall be presumed to establish the number of |
valid and invalid
signatures on the petition sheets reviewed in |
the random sample, as prescribed
in Section 28-11 and 28-12 of |
this Code. Either party, however, may introduce
evidence at |
such hearing to dispute the findings as to particular |
signatures.
In addition to the foregoing, in the absence of |
competent evidence presented
at such hearing by a party |
|
substantially challenging the results of a random
sample, or |
showing a different result obtained by an additional sample,
|
this certificate of a county clerk or board of election |
commissioners shall
be presumed to establish the ratio of valid |
to invalid signatures within
the particular election |
jurisdiction.
|
The electoral board shall take up the question as to |
whether or not
the certificate of nomination or nomination |
papers or petitions are in
proper form, and whether or not they |
were filed within the time and
under the conditions required by |
law, and whether or not they are the
genuine certificate of |
nomination or nomination papers or petitions
which they purport |
to be, and whether or not in the case of the
certificate of |
nomination in question it represents accurately the
decision of |
the caucus or convention issuing it, and in general shall
|
decide whether or not the certificate of nomination or |
nominating papers
or petitions on file are valid or whether the |
objections thereto should
be sustained and the decision of a |
majority of the electoral board shall
be final subject to |
judicial review as provided in Section 10-10.1. The
electoral |
board must state its findings in writing and must state in
|
writing which objections, if any, it has sustained. A copy of |
the decision shall be served upon the parties to the |
proceedings in open proceedings before the electoral board. If |
a party does not appear for receipt of the decision, the |
decision shall be deemed to have been served on the absent |
|
party on the date when a copy of the decision is personally |
delivered or on the date when a copy of the decision is |
deposited in the United States mail, in a sealed envelope or |
package, with postage prepaid, addressed to each party affected |
by the decision or to such party's attorney of record, if any, |
at the address on record for such person in the files of the |
electoral board.
|
Upon the expiration of the period within which a proceeding |
for
judicial review must be commenced under Section 10-10.1, |
the electoral
board shall, unless a proceeding for judicial |
review has been commenced
within such period, transmit, by |
registered or certified mail, a
certified copy of its ruling, |
together with the original certificate of
nomination or |
nomination papers or petitions and the original objector's
|
petition, to the officer or board with whom the certificate of
|
nomination or nomination papers or petitions, as objected to, |
were on
file, and such officer or board shall abide by and |
comply with the
ruling so made to all intents and purposes.
|
(Source: P.A. 98-115, eff. 7-29-13; 98-691, eff. 7-1-14; 99-78, |
eff. 7-20-15; 99-642, eff. 7-28-16.)
|
(10 ILCS 5/11-6) (from Ch. 46, par. 11-6)
|
Sec. 11-6.
Within 60 days after July 1, 2014 (the effective |
date of Public Act 98-691), each election authority shall |
transmit to the principal office of the State Board of
|
Elections and publish on any website maintained by the election |
|
authority maps in electronic portable document format (PDF) |
showing the current boundaries of all the precincts within its |
jurisdiction. Whenever election precincts in an election |
jurisdiction have been redivided or readjusted, the county |
board or board of election commissioners shall prepare maps in |
electronic portable document format (PDF) showing such |
election precinct boundaries no later than 90 days before the |
next scheduled election. The maps shall show the boundaries of |
all political subdivisions and districts. The county board or |
board of election commissioners shall immediately forward |
copies thereof to the chair chairman of each county central |
committee in the county, to each township, ward, or precinct |
committeeperson committeeman , and each local election official |
whose political subdivision is wholly or partly in the county |
and, upon request, shall furnish copies thereof to each |
candidate for political or public office in the county and |
shall transmit copies thereof to the principal office of the |
State Board of Elections and publish copies thereof on any |
website maintained by the election authority.
|
(Source: P.A. 98-691, eff. 7-1-14; 99-642, eff. 7-28-16.)
|
(10 ILCS 5/13-1) (from Ch. 46, par. 13-1)
|
Sec. 13-1. In counties not under township organization, the |
county
board of commissioners shall at its meeting in July
in |
each
even-numbered year appoint in each election precinct 5 |
capable and
discreet persons meeting the qualifications of |
|
Section 13-4 to
be judges of election. Where neither voting |
machines nor electronic,
mechanical or electric voting systems |
are used, the county board may,
for any precinct with respect |
to which the board considers such action
necessary or desirable |
in view of the number of voters, and shall for
general |
elections for any precinct containing more than 600 registered
|
voters, appoint in addition to the 5 judges of election a team |
of 5
tally judges. In such precincts the judges of election |
shall preside
over the election during the hours the polls are |
open, and the tally
judges, with the assistance of the holdover |
judges designated pursuant
to Section 13-6.2, shall count the |
vote after the closing of the polls.
However, the County Board |
of Commissioners may appoint 3 judges of election
to serve in |
lieu of the 5 judges of election otherwise required by this
|
Section (1) to serve in any emergency referendum, or in any |
odd-year regular
election or in any special primary or special |
election called
for the purpose of filling a vacancy in the |
office of representative in
the United States Congress or to |
nominate candidates for such purpose or (2) if the county board |
passes an ordinance to reduce the number of judges of election |
to 3 for primary elections.
The tally judges shall possess the |
same qualifications and shall be
appointed in the same manner |
and with the same division between
political parties as is |
provided for judges of election.
|
In addition to such precinct judges, the county board of
|
commissioners shall appoint special panels of 3 judges each, |
|
who shall
possess the same qualifications and shall be |
appointed in the same
manner and with the same division between |
political parties as is
provided for other judges of election. |
The number of such panels of
judges required shall be |
determined by regulations of the State Board of
Elections which |
shall base the required numbers of special panels on the
number |
of registered voters in the jurisdiction or the number of vote |
by mail
ballots voted at recent elections, or any combination |
of such factors.
|
Such appointment shall be confirmed by the court as |
provided in
Section 13-3 of this Article. No more than 3 |
persons of the same
political party shall be appointed judges |
of the same election precinct
or election judge panel. The |
appointment shall be made in the following
manner: The county |
board of commissioners shall select and approve 3
persons as |
judges of election in each election precinct from a certified
|
list, furnished by the chair chairman of the County Central |
Committee of the
first leading political party in such |
precinct; and the county board of
commissioners shall also |
select and approve 2 persons as judges of
election in each |
election precinct from a certified list, furnished by
the chair |
chairman of the County Central Committee of the second leading
|
political party. However, if only 3 judges of election serve in |
each
election precinct, no more than 2 persons of the same |
political party shall
be judges of election in the same |
election precinct; and which political
party is entitled to 2 |
|
judges of election and which political party is
entitled to one |
judge of election shall be determined in the same manner as
set |
forth in the next two preceding sentences with regard to 5 |
election
judges in each precinct. Such certified list shall be |
filed with the county
clerk not less than 10 days before the |
annual meeting of the county
board of commissioners. Such list |
shall be arranged according to
precincts. The chair chairman of |
each county central committee shall, insofar
as possible, list |
persons who reside within the precinct in which they
are to |
serve as judges. However, he may, in his sole discretion, |
submit
the names of persons who reside outside the precinct but |
within the
county embracing the precinct in which they are to |
serve. He must,
however, submit the names of at least 2 |
residents of the precinct for
each precinct in which his party |
is to have 3 judges and must submit the
name of at least one |
resident of the precinct for each precinct in which
his party |
is to have 2 judges. The county board of commissioners shall
|
acknowledge in writing to each county chair chairman the names |
of all persons
submitted on such certified list and the total |
number of persons listed
thereon. If no such list is filed or |
such list is incomplete (that is,
no names or an insufficient |
number of names are furnished for certain
election precincts), |
the county board of commissioners shall make or
complete such |
list from the names contained in the supplemental list
provided |
for in Section 13-1.1. The election judges shall hold their
|
office for 2 years from their appointment, and until their |
|
successors
are duly appointed in the manner provided in this |
Act. The county board
of commissioners shall fill all vacancies |
in the office of judge of
election at any time in the manner |
provided in this Act.
|
(Source: P.A. 100-337, eff. 8-25-17.)
|
(10 ILCS 5/13-1.1) (from Ch. 46, par. 13-1.1)
|
Sec. 13-1.1.
In addition to the list provided for in |
Section 13-1 or 13-2, the chair
chairman of the county central |
committee, or each township committeeperson in a county with a |
population of more than 3,000,000, of each of the two leading
|
political parties shall submit to the county board a |
supplemental list,
arranged according to precincts in which |
they are to serve, of persons
available as judges of election, |
the names and number of all persons listed
thereon to be |
acknowledged in writing to the county chair chairman or |
township committeeperson, as the case may be, submitting
such |
list by the county board. Vacancies among the judges of |
election shall
be filled by selection from this supplemental |
list of persons qualified
under Section 13-4. If the list |
provided for in Section 13-1 or 13-2 for
any precinct is |
exhausted, then selection shall be made from the
supplemental |
list submitted by the chair chairman of the county central |
committee, or each township committeeperson in a county with a |
population of more than 3,000,000,
of the party. If such |
supplemental list is exhausted for any precinct, then
selection |
|
shall be made from any of the persons on the supplemental list
|
without regard to the precincts in which they are listed to |
serve. No
selection or appointment from the supplemental list |
shall be made more than
21 days prior to the date of precinct |
registration for those judges needed
as precinct registrars, |
and more than 60 days prior to the date of
an
election for |
those additional persons needed as election judges. In any
case |
where selection cannot be made from the supplemental list |
without
violating Section 13-4, selection shall be made from |
outside the
supplemental list of some person qualified under |
Section 13-4.
|
(Source: P.A. 98-1171, eff. 6-1-15 .)
|
(10 ILCS 5/13-2) (from Ch. 46, par. 13-2)
|
Sec. 13-2. In counties under the township organization the |
county
board shall at its meeting in July in each even-numbered |
year
except in counties containing a population of 3,000,000 |
inhabitants or
over and except when such judges are appointed |
by election
commissioners, select in each election precinct in |
the county, 5 capable
and discreet persons to be judges of |
election who shall
possess the
qualifications required by this |
Act for such judges. Where neither
voting machines nor |
electronic, mechanical or electric voting systems
are used, the |
county board may, for any precinct with respect to which
the |
board considers such action necessary or desirable in view of |
the
number of voters, and shall for general elections for any |
|
precinct
containing more than 600 registered voters, appoint in |
addition to the 5
judges of election a team of 5 tally judges. |
In such precincts the
judges of election shall preside over the |
election during the hours the
polls are open, and the tally |
judges, with the assistance of the
holdover judges designated |
pursuant to Section 13-6.2, shall count the
vote after the |
closing of the polls. The tally judges shall possess the
same |
qualifications and shall be appointed in the same manner and |
with
the same division between political parties as is provided |
for judges of
election.
|
However, the county board may appoint 3 judges of election |
to serve in
lieu of the 5 judges of election otherwise required |
by this Section (1) to serve
in any emergency referendum, or in |
any odd-year regular election
or in any special primary or |
special election called for the purpose of
filling a vacancy in |
the office of representative in the United States Congress
or |
to nominate candidates for such purpose or (2) if the county |
board passes an ordinance to reduce the number of judges of |
election to 3 for primary elections.
|
In addition to such precinct judges, the county board shall |
appoint
special panels of 3 judges each, who shall possess the |
same
qualifications and shall be appointed in the same manner |
and with the
same division between political parties as is |
provided for other judges
of election. The number of such |
panels of judges required shall be
determined by regulations of |
the State Board of Elections, which shall
base the required |
|
number of special panels on the number of registered
voters in |
the jurisdiction or the number of absentee ballots voted at
|
recent elections or any combination of such factors.
|
No more than 3 persons of the same political party shall be |
appointed
judges in the same election district or undivided |
precinct. The election
of the judges of election in the various |
election precincts shall be
made in the following manner: The |
county board shall
select and approve 3 of the election judges |
in each precinct from a
certified list furnished by the chair |
chairman of the County Central Committee
of the first leading |
political party in such election precinct and shall also
select |
and approve 2 judges of election in each election precinct from |
a
certified list furnished by the chair chairman of the County |
Central Committee
of the second leading political party in such |
election precinct. However,
if only 3 judges of election serve |
in each election precinct, no more than 2
persons of the same |
political party shall be judges of election in the same
|
election precinct; and which political party is entitled to 2 |
judges of
election and which political party is entitled to one |
judge of election shall
be determined in the same manner as set |
forth in the next two preceding
sentences with regard to 5 |
election judges in each precinct. The respective
County Central |
Committee chair chairman shall notify the county board by June |
1 of
each odd-numbered year immediately preceding the annual |
meeting of the county
board whether or not such certified list |
will be filed by such chair chairman . Such
list shall be |
|
arranged according to precincts. The chair chairman of each |
county
central committee shall, insofar as possible, list |
persons who reside within
the precinct in which they are to |
serve as judges. However, he may, in his sole
discretion, |
submit the names of persons who reside outside the precinct but
|
within the county embracing the precinct in which they are to |
serve. He must,
however, submit the names of at least 2 |
residents of the precinct for each
precinct in which his party |
is to have 3 judges and must submit the name of at
least one |
resident of the precinct for each precinct in which his party |
is to
have 2 judges. Such certified list, if filed, shall be |
filed with the county
clerk not less than 20 days before the |
annual meeting of the county board. The
county board shall |
acknowledge in writing to each county chair chairman the names |
of
all persons submitted on such certified list and the total |
number of persons
listed thereon. If no such list is filed or |
the list is incomplete (that is, no
names or an insufficient |
number of names are furnished for certain election
precincts), |
the county board shall make or complete such list from the |
names
contained in the supplemental list provided for in |
Section 13-1.1. Provided,
further, that in any case where a |
township has been or shall be redistricted,
in whole or in |
part, subsequent to one general election for Governor, and |
prior
to the next, the judges of election to be selected for |
all new or altered
precincts shall be selected in that one of |
the methods above detailed, which
shall be applicable according |
|
to the facts and circumstances of the particular
case, but the |
majority of such judges for each such precinct shall be |
selected
from the first leading political party, and the |
minority judges from the second
leading political party. |
Provided, further, that in counties having a
population of |
3,000,000 inhabitants or over the selection of judges of |
election
shall be made in the same manner in all respects as in |
other counties, except
that the provisions relating to tally |
judges are inapplicable to such counties
and except that the |
county board shall meet during the month of January for the
|
purpose of making such selection, each township |
committeeperson shall assume the responsibilities given to the |
chair chairman of the county central committee in this Section |
for the precincts within his or her township, and the township |
committeeperson shall notify the county board by the preceding |
October 1 whether or
not the certified list will be filed. Such |
judges of election shall hold their
office for 2 years from |
their appointment and until their successors are duly
appointed |
in the manner provided in this Act. The county board shall fill |
all
vacancies in the office of judges of elections at any time |
in the manner herein
provided.
|
Such selections under this Section shall be confirmed by |
the circuit
court as provided in Section 13-3 of this Article.
|
(Source: P.A. 100-337, eff. 8-25-17.)
|
(10 ILCS 5/13-3) (from Ch. 46, par. 13-3)
|
|
Sec. 13-3.
After the judges of election have been selected |
and approved as
hereinbefore provided, a report of such |
selections shall be made by the
county board and filed in the |
circuit court, and application shall then be
made by the county |
board to the court for their confirmation and
appointment, |
whereupon the court shall enter an order that cause be shown,
|
if any exists, against the confirmation and appointment of such |
persons so
named on or before the opening of the court on a day |
to be fixed by the
court. The county board shall immediately |
give notice of such order and the
names of all such judges so |
reported to such court for confirmation and
their residence and |
the precinct for which they were selected by causing
a notice |
to be published in one or more newspapers in the
county and if |
no
newspaper be published therein then by posting such notice |
in 5 of the most
public places in the county. The notice shall |
state that a list of judges of
election is available for public |
inspection in the office of the election
authority. If no cause |
to the contrary is shown prior
to the day fixed, and if, in |
each precinct, at least one judge representing
each of the two |
major political parties has been certified by the county
clerk |
as having satisfactorily completed within the preceding 6 |
months the
training course and examination for judges of |
election, as provided in
Section 13-2.1 and 13-2.2 of this Act, |
such appointment shall be confirmed
by order entered by that |
court.
|
If in any precinct the requisite 2 judges have not been so |
|
certified by
the county clerk as having satisfactorily |
completed such course and
examination, the county clerk shall |
immediately notify all judges in that
precinct, to whose |
appointment there is no other objection, that all such
judges |
shall attend the next such course. The county clerk shall then
|
certify to the court that all such judges have been so notified |
(and such
certification need contain no detail other than a |
mere recital). The
appointment of such judges shall then be |
confirmed by order entered by the
court. If any judge so |
notified and so confirmed fails to attend the next
such course, |
such failure shall subject such judge to possible removal from
|
office at the option of the election authority.
|
If objections to the appointment of any judge be filed |
prior to the day
fixed by the court for confirmation of judges, |
the court shall hear such
objections and the evidence |
introduced in support thereof, and shall
confirm or refuse to |
confirm such nominations as the interests of the
public may |
require. No reasons may be given for the refusal to confirm. If
|
any vacancy exists at any time the county board shall, subject |
to the
provisions of Section 13-1.1, further report and |
nominate persons to fill
such vacancies so existing in the |
manner aforesaid, and a court in the same
way shall consider |
such nominations and shall confirm or refuse to confirm
the |
same in the manner aforesaid. Upon the confirmation of such |
judges, at
any time, a commission shall issue to each of such |
judges, under the seal
of such court, and appropriate forms |
|
shall be prepared by the county clerk
of each county for such |
purpose and furnished to the county board, and
after |
confirmation and acceptance of such commission, such judges |
shall
thereupon become officers of such court. If a vacancy |
occurs so late that
nomination by the county board and |
application to and confirmation by the
court cannot be had |
before the election, then the court shall, subject to
the |
provisions of Section 13-1.1, make an appointment and issue a
|
commission to such officer or officers, and when thus appointed |
such
officer shall be considered an officer of the court and |
subject to the same
rules as if nominated by the county board |
and confirmed by the court, and
any judge, however appointed, |
and at whatever time, shall be considered an
officer of court |
and be subject to the same control and punishment in case
of |
misbehavior. Not more than 10 business days after the day of |
election,
the county clerk shall compile a list
containing the |
name, address and party affiliation of each judge of
election |
who served on the day of election, and
shall preserve such list |
and make it available for public inspection
and copying for a |
period of not more than one year from the date of receipt
of |
such list. Copies of such list shall be available for purchase |
at a
cost not to exceed the cost of duplication.
The board has |
the right, at any time, in case of
misbehavior or neglect of |
duty, to remove any judge of election and cause
such vacancy to |
be filled in accordance with this Act. Except for judges
|
appointed under subsection (b) of Section 13-4, the board shall |
|
have
the right, at any time, to remove any judge of election |
for failing to vote
the primary ballot of the political party |
he represents, at a primary
election at which he served as such |
judge, and shall cause such vacancy to
be filled in accordance |
with this Act.
The board shall remove any judge of election |
who, twice during the same
term of office, fails to provide for |
the opening of the polling place at
the time prescribed in |
Section 17-1 or Section 18-2, whichever is
applicable, unless |
such delay can be demonstrated
by the judge of election to be |
beyond his or her control.
In the event that any judge of
|
election is removed for cause, the board shall specify such |
cause in
writing and make such writing a matter of public |
record, with a copy to be
sent to the appropriate county chair |
chairman who made the initial recommendation
of the election |
judge. If any vacancies occur or exist more than 15 days
before |
election the judges appointed to such places must be confirmed |
by
such court. The county board shall not voluntarily remove |
any judge within
15 days of such election except for flagrant |
misbehavior, incapacity or
dishonesty, and the reason therefor |
must afterward be reported in writing
to such court and made a |
matter of public record, with a copy to be sent to
the |
appropriate county chair chairman who made the initial |
recommendation of the
election judge. Provided further that |
where a vacancy in the office of
judge of election exists 20 |
days or less prior to any election in counties
having a |
population of 3,000,000 or more inhabitants, or where such |
|
vacancy
exists 10 days or less prior to any election in |
counties having less than
3,000,000 inhabitants, the county |
clerk shall, subject to the provisions of
Section 13-1.1, |
appoint a person of the same major political party to fill
such |
vacancy and issue a commission thereto. The name of the officer |
so
appointed shall be reported to the court as a matter of |
record and after
acceptance of such commission such person |
shall be liable in the same
manner as officers regularly |
appointed by the county board and confirmed by
the court. The |
county clerk shall have the power on election day to remove
|
without cause any judge of election appointed by the other |
judges of
election pursuant to Section 13-7 and to appoint |
another judge of election
to serve for that election. Such |
substitute judge of election must be
selected, where possible, |
pursuant to the provisions of Section 13-1.1 and
must be |
qualified in accordance with Section 13-4.
|
If any precinct has increased in voter registration beyond |
the maximum
of 800 provided in Section 11-2, the county clerk |
may appoint one
additional judge of election from each |
political party for each 200 voters
in excess of 800.
|
(Source: P.A. 90-672, eff. 7-31-98; 91-352, eff. 1-1-00.)
|
(10 ILCS 5/13-4) (from Ch. 46, par. 13-4)
|
Sec. 13-4. Qualifications.
|
(a) All persons elected or chosen judge of election must: |
(1) be
citizens of the United States and entitled to vote at |
|
the next election,
except as provided in subsection (b) or (c);
|
(2) be of good repute and character and not subject to the |
registration requirement of the Sex Offender Registration Act; |
(3) be able to speak, read and write
the English language; (4) |
be skilled in the four fundamental rules of
arithmetic; (5) be |
of good understanding and capable; (6) not be candidates
for |
any office at the election and not be elected committeepersons |
committeemen ; and (7)
reside in the precinct in which they are |
selected to act, except that in
each precinct, not more than |
one judge of each party may be appointed from
outside such |
precinct. Any judge selected to serve in any precinct in which
|
he is not entitled to vote must reside within and be entitled |
to vote
elsewhere within the county which encompasses the |
precinct in which such
judge is appointed, except as provided |
in subsection (b) or (c). Such judge
must meet the other |
qualifications of this
Section.
|
(b) An election authority may establish a program to permit |
a person who
is not entitled to vote to be appointed as an |
election judge if, as of the date
of the election at which the |
person serves as a judge, he or she:
|
(1) is a U.S. citizen;
|
(2) is a junior or senior in good standing enrolled in |
a public or private secondary
school;
|
(3) has a cumulative grade point average equivalent to |
at least 3.0 on a
4.0 scale;
|
(4) has the written approval of the principal of the |
|
secondary school he
or she attends at the time of |
appointment;
|
(5) has the written approval of his or her parent or |
legal guardian;
|
(6) has satisfactorily completed the training course |
for judges of
election
described in Sections 13-2.1 and |
13-2.2; and
|
(7) meets all other qualifications for appointment and |
service as an
election judge.
|
No more than one election judge qualifying under this |
subsection may serve
per political party per precinct.
Prior to |
appointment, a judge qualifying under this subsection must |
certify
in writing to the election authority the political |
party the judge chooses to
affiliate with.
|
Students appointed as election judges under this |
subsection
shall not be counted as absent from school on the |
day they serve as judges.
|
(c) An election authority may establish a program to permit |
a person who
is not entitled to vote in that precinct or county |
to be appointed as an
election judge if, as of the date of the |
election at which the person serves as
a judge, he or she:
|
(1) is a U.S. citizen;
|
(2) is currently enrolled in a community college, as |
defined in the Public Community College Act, or a public or |
private Illinois university or
college;
|
(3) has a cumulative grade point average equivalent to |
|
at least 3.0 on a
4.0 scale;
|
(4) has satisfactorily completed the training course |
for judges of
election described in Sections 13-2.1 and |
13-2.2; and
|
(5) meets all other qualifications for appointment and |
service as an
election judge.
|
No more than one election judge qualifying under this |
subsection may serve
per political party per precinct.
Prior to |
appointment, a judge qualifying under this subsection must |
certify
in writing to the election authority the political |
party the judge chooses to
affiliate with.
|
Students appointed as election judges under this |
subsection
shall not be counted as absent from school on the |
day they serve as judges.
|
(Source: P.A. 95-699, eff. 11-9-07; 95-818, eff. 1-1-09; |
96-328, eff. 8-11-09.)
|
(10 ILCS 5/14-1) (from Ch. 46, par. 14-1)
|
Sec. 14-1. (a) The board of election commissioners |
established
or existing under Article 6 shall, at the time and |
in the
manner provided in Section 14-3.1, select and choose 5 |
persons,
men or women, as judges of election for each precinct |
in such
city, village or incorporated town.
|
Where neither voting machines nor electronic, mechanical |
or
electric voting systems are used, the board of election
|
commissioners may, for any precinct with respect to which the
|
|
board considers such action necessary or desirable in view of
|
the number of voters, and shall for general elections for any
|
precinct containing more than 600 registered voters, appoint
in |
addition to the 5 judges of election a team of 5 tally judges.
|
In such precincts the judges of election shall preside over the
|
election during the hours the polls are open, and the tally
|
judges, with the assistance of the holdover judges designated
|
pursuant to Section
14-5.2, shall count the vote after the |
closing of the polls.
The tally judges shall possess the same |
qualifications and
shall be appointed in the same manner and |
with the same division
between political parties as is provided |
for judges of election.
The foregoing provisions relating to |
the appointment of tally
judges are inapplicable in counties |
with a population of
1,000,000 or more.
|
(b) To qualify as judges the persons must:
|
(1) be citizens of the United States;
|
(2) be of good repute and character and not subject to |
the registration requirement of the Sex Offender |
Registration Act;
|
(3) be able to speak, read and write the English |
language;
|
(4) be skilled in the 4 fundamental rules of |
arithmetic;
|
(5) be of good understanding and capable;
|
(6) not be candidates for any office at the election |
and not
be elected committeepersons committeemen ;
|
|
(7) reside and be entitled to vote in the precinct in |
which
they are selected to serve, except that in each |
precinct not
more than one judge of each party may be |
appointed from outside
such precinct. Any judge so |
appointed to serve in any precinct
in which he is not |
entitled to vote must be entitled to vote
elsewhere within |
the county which encompasses the precinct in
which such |
judge is appointed and such judge must otherwise
meet the |
qualifications of this Section, except as provided in |
subsection (c)
or (c-5).
|
(c) An election authority may establish a program to permit |
a person who
is not entitled to vote
to be appointed as an |
election judge if, as of the date of the election at
which the |
person serves as a judge, he or she:
|
(1) is a U.S. citizen;
|
(2) is a junior or senior in good standing enrolled in |
a public or private secondary
school;
|
(3) has a cumulative grade point average equivalent to |
at least 3.0 on a
4.0 scale;
|
(4) has the written approval of the principal of the |
secondary school he
or she attends at the time of |
appointment;
|
(5) has the written approval of his or her parent or |
legal guardian;
|
(6) has satisfactorily completed the training course |
for judges of
election
described in Sections 13-2.1, |
|
13-2.2, and 14-4.1; and
|
(7) meets all other qualifications for appointment and |
service as an
election judge.
|
No more than one election judge qualifying under this |
subsection may serve
per political party per precinct.
Prior to |
appointment, a judge qualifying under this subsection must |
certify
in writing to the election authority the political |
party the judge chooses to
affiliate with.
|
Students appointed as election judges under this |
subsection
shall not be counted as absent from school on the |
day they serve as judges.
|
(c-5) An election authority may establish a program to |
permit a person who
is not entitled to vote in that precinct or |
county to be appointed as an
election judge if, as of the date |
of the election at which the person serves as
a judge, he or |
she:
|
(1) is a U.S. citizen;
|
(2) is currently enrolled in a community college, as |
defined in the Public Community College Act, or a public or |
private Illinois university or
college;
|
(3) has a cumulative grade point average equivalent to |
at least 3.0 on a
4.0 scale;
|
(4) has satisfactorily completed the training course |
for judges of
election
described in Sections 13-2.1, |
13-2.2, and 14-4.1; and
|
(5) meets all other qualifications for appointment and |
|
service as an
election judge.
|
No more than one election judge qualifying under this |
subsection may serve
per political party per precinct.
Prior to |
appointment, a judge qualifying under this subsection must |
certify
in writing to the election authority the political |
party the judge chooses to
affiliate with.
|
Students appointed as election judges under this |
subsection
shall not be counted as absent from school on the |
day they serve as judges.
|
(d) The board of election commissioners may select 2 |
additional
judges of election, one from each of the major |
political parties,
for each 200 voters in excess of 600 in any |
precinct having more
than 600 voters as authorized
by Section |
11-3. These additional judges must meet the
qualifications |
prescribed in this Section.
|
(Source: P.A. 95-699, eff. 11-9-07; 95-818, eff. 1-1-09; |
96-328, eff. 8-11-09 .)
|
(10 ILCS 5/14-3.1) (from Ch. 46, par. 14-3.1)
|
Sec. 14-3.1. The board of election commissioners shall, |
during the
month of July of each even-numbered year,
select
for |
each election precinct within the jurisdiction of the board 5
|
persons to be judges of election who shall possess the |
qualifications
required by this Act for such judges. The |
selection shall be made by a
county board of election |
commissioners in the following manner: the county
board of |
|
election commissioners shall select and approve 3 persons as |
judges of
election in each election precinct from a certified |
list
furnished by the chair chairman of the county central |
committee of the first leading
political party in that |
precinct; the county board of election commissioners
also shall |
select and approve 2 persons as judges of election in each |
election
precinct from a certified list furnished by the chair |
chairman of the county central
committee of the second leading |
political party in that precinct. The
selection by a municipal |
board of election commissioners shall be made in the
following |
manner: for each precinct, 3 judges shall be selected from one |
of
the 2 leading political parties and the other 2 judges shall |
be selected from
the other leading political party; the parties |
entitled to 3 and 2
judges, respectively, in the several |
precincts shall be determined as provided
in Section 14-4. |
However, a Board of Election Commissioners may
appoint
three |
judges of election to serve in lieu of the 5 judges of election |
otherwise
required by this Section to serve in any emergency |
referendum, or in any
odd-year regular election or in any |
special primary or special election called
for the purpose of |
filling a vacancy in the office of representative in the
United |
States Congress or to nominate candidates for such purpose.
|
If only 3 judges of election serve in each election |
precinct, no more than
2 persons of the same political party |
shall be judges of election in the
same election precinct, and |
which political party is entitled to 2 judges
of election and |
|
which political party is entitled to one judge of election
|
shall be determined as set forth in this Section for a county |
board of
election commissioners' selection of 5 election judges |
in each precinct or in
Section 14-4 for a municipal board of |
election commissioners' selection of
election judges in each |
precinct, whichever is appropriate. In addition to
such |
precinct judges, the board of election commissioners shall |
appoint special
panels of 3 judges each, who shall possess the |
same qualifications and shall be
appointed in the same manner |
and with the
same division between political parties as is |
provided for other judges of
election. The number of such |
panels of judges required shall be determined by
regulation of |
the State Board of Elections, which shall base the required
|
number of special panels on the number of registered voters in |
the jurisdiction
or the number of absentee ballots voted at |
recent elections or any combination
of such factors. A |
municipal board of election
commissioners shall make the
|
selections of persons qualified under Section 14-1 from |
certified lists
furnished by the chair chairman of the |
respective county central committees, or each ward |
committeeperson in a municipality of 500,000 or more |
inhabitants, of the 2
leading political parties. Lists |
furnished by chairmen of county central
committees or ward |
committeepersons, as the case may be, under this Section shall |
be arranged
according to precincts. The chair chairman of each |
county central committee or ward committeepersons, as the case |
|
may be, shall,
insofar as possible, list persons who reside |
within the precinct in which they
are to serve as judges.
|
However, he may, in his sole discretion, submit the names of |
persons who
reside outside the precinct but within the county |
embracing the precinct
in which they are to serve. He must, |
however, submit the names of at
least 2 residents of the |
precinct for each precinct in which his party
is to have 3 |
judges and must submit the name of at least one resident of
the |
precinct for each precinct in which his party is to have 2 |
judges.
The board of election commissioners shall no later than |
March 1 of each
even-numbered year notify the chairmen
of the |
respective county central committees or ward committeepersons, |
as the case may be, of their responsibility to
furnish such |
lists, and each such chair chairman shall furnish the board of
|
election commissioners with the list for his party on or before |
May 1 of each
even-numbered year. The
board of election |
commissioners shall acknowledge in writing to each
county chair |
chairman or ward committeepersons, as the case may be, the |
names of all persons submitted on such certified
list and the |
total number of persons listed thereon. If no such list is
|
furnished or if no names or an insufficient number of names are
|
furnished for certain precincts, the board of election |
commissioners
shall make or complete such list from the names |
contained in the
supplemental list provided for in Section |
14-3.2. Judges of election
shall hold their office for 2 years |
from their appointment and until
their successors are duly |
|
appointed in the manner herein provided. The
board of election |
commissioners shall, subject to the provisions of
Section |
14-3.2, fill all vacancies in the office of judges of election
|
at any time in the manner herein provided.
|
Such selections under this Section shall be confirmed by |
the court as
provided in Section 14-5.
|
(Source: P.A. 98-1171, eff. 6-1-15 .)
|
(10 ILCS 5/14-3.2) (from Ch. 46, par. 14-3.2)
|
Sec. 14-3.2.
In addition to the list provided for in |
Section 14-3.1, the chair chairman of
the county central |
committee, or each ward committeeperson in a municipality of |
500,000 or more inhabitants, of each of the 2 leading political |
parties
shall furnish to the board of election commissioners a |
supplemental list,
arranged according to precinct in which they |
are to serve, of persons
available as judges of election, the |
names and number of all persons listed
thereon to be |
acknowledged in writing to the county chair chairman or ward |
committeepersons, as the case may be, submitting
such list by |
the board of election commissioners. The board of election
|
commissioners shall select from this supplemental list persons |
qualified
under Section 14-1, to fill vacancies among the |
judges of election. If the
list provided for in Section 14-3.1 |
for any precinct is exhausted, then
selection shall be made |
from the supplemental list furnished by the chair
chairman of |
the county central committee or ward committeepersons, as the |
|
case may be, of the party. If such supplemental
list is |
exhausted for any precinct, then selection shall be made from |
any
of the persons on the supplemental list without regard to |
the precincts in
which they are listed to serve. No selection |
or appointment from the
supplemental list shall be made more |
than 21 days prior to the date of
precinct registration for |
those judges needed as precinct registrars, and
more than 60 |
days prior to the date of an election for those
additional
|
persons needed as election judges. In any case where selection |
cannot be
made from the supplemental list without violating |
Section 14-1, selection
shall be made from outside the |
supplemental list of some person qualified
under Section 14-1.
|
(Source: P.A. 98-1171, eff. 6-1-15 .)
|
(10 ILCS 5/14-5) (from Ch. 46, par. 14-5)
|
Sec. 14-5.
After the judges are selected and have agreed to |
serve as
provided in Sections 14-1 to 14-4, inclusive, then a |
report of such
selections shall be made and filed in the court, |
and application shall then
be made by the board to the circuit |
court for their confirmation and
appointment, whereupon the |
court shall enter an order that cause be shown,
if any exists, |
against the confirmation and appointment of such persons so
|
named, on or before the opening of the court on a day to be |
fixed by the
court. And the board of commissioners shall |
immediately give notice of such
order and the names of all such |
judges so reported to such court for
confirmation, and their |
|
residence and the precinct for which they were
selected, by |
causing a notice to be published in one or more
newspapers in
|
such city, village or incorporated town, and if no newspaper be |
published
in such city, village or incorporated town, then by |
posting such notice in
3 of the most public places in such |
city, village or town. The notice shall
state that a list of |
judges of election is available for public inspection in
the |
office of the election authority. If no cause
to the contrary |
is shown prior to the day fixed, and if, in each precinct,
at |
least one judge representing each of the two major political |
parties has
been certified by the board of commissioners as |
having satisfactorily
completed within the preceding 6 months |
the training course and examination
for judges of election, as |
provided in Section 14-4.1 of this Act such
appointments shall |
be confirmed by order entered by that court.
|
If in any precinct the requisite 2 judges have not been so |
certified by
the board of commissioners as having |
satisfactorily completed such course
and examination, the |
board of commissioners shall immediately notify all
judges in |
that precinct, to whose appointment there is no other |
objection,
that all such judges shall attend the next such |
course. The board of
commissioners shall then certify to the |
court that all such judges have
been so notified (and such |
certification need contain no detail other than
a mere |
recital). The appointment of such judges shall then be |
confirmed by
order entered by the court. If any judge so |
|
notified and so confirmed fails
to attend the next such course, |
such failure shall subject such judge to
possible removal from |
office at the option of the election authority.
|
If objections to the appointment of any such judge is filed |
prior to the
day fixed by the court for confirmation of judges, |
the court shall hear
such objections and the evidence |
introduced in support thereof, and shall
confirm or refuse to |
confirm such nominations, as the interests of the
public may |
require. No reasons may be given for the refusal to confirm. If
|
any vacancies exist by reason of the action of such board or |
otherwise, at
any time, the board of commissioners shall, |
subject to the provisions of
Section 14-3.2, further report and |
nominate persons to fill such vacancies
so existing in the |
manner aforesaid, and a court in the same way shall
consider |
such nominations and shall confirm or refuse to confirm the |
same
in the manner aforesaid. Upon the confirmation of such |
judges, at any time,
a commission shall issue to each of such |
judges, under the seal of such
court, and appropriate forms |
shall be prepared by the board of
commissioners for such |
purpose. After such confirmation and acceptance of
such |
commission, such judges shall thereupon become officers of such |
court.
If a vacancy occurs so late that application to and |
confirmation by the
court cannot be had before the election, |
then the board of commissioners
shall, subject to the |
provisions of Section 14-3.2, make an appointment and
issue a |
commission to such officer or officers, and when thus appointed
|
|
such officer shall be considered an officer of the court and |
subject to the
same rules and punishment, in case of |
misbehavior, as if confirmed by the
court, and any judge, |
however appointed, and at whatever time, shall be
considered an |
officer of court, and be subject to the same control and
|
punishment in case of misbehavior. Not more than 10 business |
days after the
day of election, the board of election |
commissioners shall compile a list
containing the name, address |
and party affiliation of each judge of
election who served on |
the day of election, and shall preserve such list
and make it |
available for public inspection and copying for a period of not
|
more than one year from the date of receipt of such list. |
Copies of such
list shall be available for purchase at a cost |
not to exceed the cost of
duplication. The board of |
commissioners has the right
at any time, in case of misbehavior |
or neglect of duty, to remove any judge
of election, and shall |
cause such vacancy to be filled in accordance with
this Act. |
Except for judges appointed under subsection (c) of Section |
14-1,
the board has the right, at any time, to remove any judge |
of
election for failing to vote the primary ballot of the |
political party he
represents at a primary election at which he |
served as such judge, and
shall cause such vacancy to be filled |
in accordance with this Act.
The board shall remove any judge |
of election who, twice during the same
term of office, fails to |
provide for the opening of the polling place at
the time |
prescribed in Section 17-1 or Section 18-2, whichever is
|
|
applicable, unless such delay can be demonstrated
by the judge |
of election to be beyond his or her control. In the
event that |
any judge of election is removed for cause, the board shall
|
specify such cause in writing and make such writing a matter of |
public
record, with a copy to be sent to the appropriate county |
chair chairman who made
the initial recommendation of the |
election judges. The judges of election
must be appointed and |
confirmed at least 35 days prior to the next
election.
|
If any vacancy shall occur or exist, more than 5 days |
before election
the judges appointed to such places must be |
confirmed by such court. Such
commissioners shall not |
voluntarily remove any judge within 5 days of such
election, |
except for flagrant misbehavior, incapacity or dishonesty, and
|
the reasons therefor must afterwards be reported in writing to |
such court
and made a matter of public record, with a copy to |
be sent to the
appropriate county chair chairman who made the |
initial recommendation of the
election judge. If such removal |
be wilful and without cause, the
commissioners shall be |
punished for contempt of court and subject to
removal. The |
board of election commissioners shall have the power on
|
election day to remove without cause any judge of election |
appointed by the
other judges of election pursuant to Section |
14-6 and to appoint another
judge of election to serve for that |
election. Such substitute judge of
election must be selected, |
where possible, pursuant to the provisions of
Section 14-3.2 |
and must be qualified in accordance with Section 14-1.
|
|
(Source: P.A. 90-672, eff. 7-31-98; 91-352, eff. 1-1-00.)
|
(10 ILCS 5/17-18.1) (from Ch. 46, par. 17-18.1)
|
Sec. 17-18.1.
Wherever the judicial retention ballot to be |
used in
any general election contains the names of more than 15 |
judges on a
separate paper ballot, the County Clerk or Board of |
Election
Commissioners as the case may be, shall designate |
special judges of
election for the purpose of tallying and |
canvassing the votes cast for
and against the propositions for |
the retention of judges in office in
such places and at such |
times as the County Clerk or Board of Election
Commissioners |
determine. Special judges of election shall be designated
from |
certified lists submitted by the respective chairmen of the |
county
central committees of the two leading political parties. |
In the event
that the County Clerk or Board of Election |
Commissioners as the case may
be, decides that the counting of |
the retention ballots shall be
performed in the precinct where |
such ballots are cast, 2 special judges
of election shall be |
designated to tally and canvass the vote of each
precinct with |
one being named from each of the 2 leading political
parties.
|
In the event that the County Clerk or Board of Election |
Commissioners
decides that the judicial retention ballots from |
several precincts shall
be tallied and canvassed in a central |
or common location, then each
major political party shall be |
entitled to an equal number of special
election judges in each |
such central or common location. The County
Clerk or Board of |
|
Election Commissioners, as the case may be, shall
inform, no |
later than 75 days prior to such election, the respective
|
chairmen of the county central committees of the location or |
locations
where the counting of retention ballots will be done, |
the number of names
to be included on the certified lists, and |
the number of special
election judges to be selected from those |
lists. If the certified list
for either party is not submitted |
within thirty days after the chairmen
have been so informed, |
the County Clerk or Board of Election
Commissioners shall |
designate special judges of election for that party
in whatever |
manner it determines.
|
The County Clerk or Board of Election Commissioners shall |
apply to
the Circuit Court for the confirmation of the special |
judges of election
designated under this Section. The court |
shall confirm or refuse to
confirm such designations as the |
interest of the public may require.
Those confirmed shall be |
officers of the court and subject to its
disciplinary powers.
|
The County Clerk or Board of Election Commissioners shall, |
in the
exercise of sound discretion, prescribe the forms, |
materials and
supplies together with the procedures for |
completion and return thereof
for use in such election by |
special judges of election. The special
judges of election |
designated under this Section shall have full
responsibility |
and authority for tallying and canvassing the votes
pertaining |
to the retention of judges and the return of ballots and
|
supplies.
|
|
If the County Clerk or Board of Election Commissioners |
decides that
the counting of the retention ballots shall be |
performed in the precinct
where such ballots were cast, at |
least 2 ballot boxes shall be provided
for paper retention |
ballots, one of which shall be used from the opening
of the |
polls until 9:00 a.m. and from 12:00 noon until 3:00 p.m. and |
the
second of which shall be used from 9:00 a.m. until 12:00 |
noon and from
3:00 p.m. until the closing of the polls; |
provided that if additional
ballot boxes are provided, the |
additional boxes shall be used instead of
reusing boxes used |
earlier. At the close of each such period of use, a
ballot box |
used for retention ballots shall be immediately unsealed and
|
opened and the ballots therein counted and tallied by the |
special judges
of election. After counting and tallying the |
retention ballots, the
special judges of election shall place |
the counted ballots in a
container provided for that purpose by |
the County Clerk or Board of
Election Commissioners and clearly |
marked with the appropriate printing
and shall thereupon seal |
such container. One such container shall be
provided for each |
of the four time periods and clearly designated as the
|
container for the respective period. The tally shall be |
recorded on
sheets provided by the County Clerk or Board of |
Election Commissioners
and designated as tally sheets for the |
respective time periods. Before a
ballot box may be reused, it |
shall in the presence of all of the judges
of election be |
verified to be empty, whereupon it shall be resealed.
After the |
|
close of the polls, and after the tally of votes cast by vote |
by mail
voters, the special judges of election shall add |
together the
tallies of all the ballot boxes used throughout |
the day, and complete
the canvass of votes for retention of |
judges in the manner established
by this Act. All of these |
procedures shall be carried out within the
clear view of the |
other judges of election. The sealed containers of
used |
retention ballots shall be returned with other voted ballots to |
the
County Clerk or Board of Election Commissioners in the |
manner provided
by this Act.
|
The compensation of a special judge of election may not |
exceed $30
per judge per precinct or district canvassed.
|
This Section does not affect any other office or the |
conduct of any
other election held at the same time as the |
election for the retention
of judges in office.
|
(Source: P.A. 98-1171, eff. 6-1-15 .)
|
(10 ILCS 5/17-22) (from Ch. 46, par. 17-22) |
Sec. 17-22. The judges of election shall make the tally |
sheet and
certificate of results in triplicate. If, however, |
the number of
established political parties, as defined in |
Section 10-2, exceeds 2,
one additional copy shall be made for |
each established political party
in excess of 2. One list of |
voters, or other proper return with such
certificate written |
thereon, and accompanying tally sheet footed up so
as to show |
the correct number of votes cast for each person voted for,
|
|
shall be carefully enveloped and sealed up by the judges of |
election, 2
of whom (one from each of the 2 major political |
parties) shall
immediately deliver same to the county clerk, or |
his deputy, at the
office of the county clerk, or to an |
officially designated receiving
station established by the |
county clerk where a duly authorized
representative of the |
county clerk shall receive said envelopes for
immediate |
transmission to the office of county clerk, who shall safely
|
keep them. The other certificates of results and accompanying |
tally
sheet shall be carefully enveloped and sealed up and duly |
directed,
respectively, to the chairp chairman of the county |
central committee of each
then existing established political |
party, and by another of the judges
of election deposited |
immediately in the nearest United States letter
deposit. |
However, if any county chair chairman notifies the county clerk |
not
later than 10 days before the election of his desire to |
receive the
envelope addressed to him at the point and at the |
time same are
delivered to the county clerk, his deputy or |
receiving station designee
the envelopes shall be delivered to |
such county chair chairman or his designee
immediately upon |
receipt thereof by the county clerk, his deputy or his
|
receiving station designee. The person or persons so designated |
by a
county chair chairman shall sign an official receipt |
acknowledging receipt of
said envelopes. The poll book and |
tally list filed with the county clerk
shall be kept one year, |
and certified copies thereof shall be evidence
in all courts, |
|
proceedings and election contests. Before the returns are
|
sealed up, as aforesaid, the judges shall compare the tally |
papers,
footings and certificates and see that they are correct |
and duplicates
of each other, and certify to the correctness of |
the same. |
At the consolidated election, the judges of election
shall |
make a tally sheet and certificate of results for each |
political
subdivision for which candidates or public questions |
are on the ballot
at such election, and shall sign, seal in a |
marked envelope and deliver
them to the county clerk with the |
other certificates of results herein
required. Such tally |
sheets and certificates of results may be
duplicates of the |
tally sheet and certificate of results otherwise
required by |
this Section, showing all votes for all candidates and
public |
questions voted for or upon in the precinct, or may be on
|
separate forms prepared by the election authority and showing |
only those
votes cast for candidates and public questions of |
each such political
subdivision. |
Within 2 days of delivery of complete returns of the |
consolidated election, the county clerk shall transmit an |
original,
sealed tally sheet and certificate of results from |
each precinct in his
jurisdiction in which candidates or public |
questions of a political
subdivision were on the ballot to the |
local election official of such
political subdivision. Each |
local election official, within 24 hours of
receipt of all of |
the tally sheets and certificates of results for all
precincts |
|
in which candidates or public questions of his political
|
subdivision were on the ballot, shall transmit such sealed |
tally sheets
and certificates of results to the canvassing |
board for that political
subdivision. |
In the case of referenda for the formation of a political
|
subdivision, the tally sheets and certificates of results shall |
be
transmitted by the county clerk to the circuit court that |
ordered the
proposition submitted or to the officials |
designated by the court to
conduct the canvass of votes. In the |
case of school referenda for which
a regional superintendent of |
schools is responsible for the canvass of
votes, the county |
clerk shall transmit the tally sheets and certificates
of |
results to the regional superintendent of schools. |
Where voting machines or electronic voting systems are |
used, the
provisions of this section may be modified as |
required or authorized by
Article 24 or Article 24A, whichever |
is applicable. |
Only judges appointed under the provisions of subsection |
(a) of Section 13-4 or subsection (b) of Section 14-1 may make |
any delivery required by this Section from judges of election |
to a county clerk, or his or her deputy, at the office of the |
county clerk or to a county clerk's duly authorized |
representative at the county clerk's officially designated |
receiving station. |
(Source: P.A. 96-1003, eff. 7-6-10.)
|
|
(10 ILCS 5/17-23) (from Ch. 46, par. 17-23)
|
Sec. 17-23. Pollwatchers in a general election shall be |
authorized in
the following manner:
|
(1) Each established political party shall be entitled to |
appoint
two pollwatchers per precinct. Such pollwatchers must |
be affiliated
with the political party for which they are |
pollwatching. For all
elections, the pollwatchers must be
|
registered to vote in Illinois.
|
(2) Each candidate shall be entitled to appoint two |
pollwatchers per
precinct. For all elections, the pollwatchers |
must be
registered to vote
in Illinois.
|
(3) Each organization of citizens within the county or |
political
subdivision, which has among its purposes or |
interests the investigation
or prosecution of election frauds, |
and which shall have registered its
name and address and the |
name and addresses of its principal officers
with the proper |
election authority at least 40 days before the election,
shall |
be entitled to appoint one pollwatcher per precinct. For all
|
elections, the pollwatcher must be registered to vote in
|
Illinois.
|
(3.5) Each State nonpartisan civic organization within the |
county or political subdivision shall be entitled to appoint |
one pollwatcher per precinct, provided that no more than 2 |
pollwatchers appointed by State nonpartisan civic |
organizations shall be present in a precinct polling place at |
the same time. Each organization shall have registered the |
|
names and addresses of its principal officers with the proper |
election authority at least 40 days before the election. The |
pollwatchers must be registered to vote in Illinois. For the |
purpose of this paragraph, a "State nonpartisan civic |
organization" means any corporation, unincorporated |
association, or organization that: |
(i) as part of its written articles of incorporation, |
bylaws, or charter or by separate written declaration, has |
among its stated purposes the provision of voter |
information and education, the protection of individual |
voters' rights, and the promotion of free and equal |
elections; |
(ii) is organized or primarily conducts its activities |
within the State of Illinois; and |
(iii) continuously maintains an office or business |
location within the State of Illinois, together with a |
current listed telephone number (a post office box number |
without a current listed telephone number is not |
sufficient).
|
(4) In any general election held to elect candidates for |
the offices of
a municipality of less than 3,000,000 population |
that is situated in 2 or
more counties, a pollwatcher who is a |
resident of Illinois shall be eligible to serve as a
|
pollwatcher in any poll located within such
municipality, |
provided that such pollwatcher otherwise complies with the
|
respective requirements of subsections (1) through (3) of this |
|
Section and
is a registered voter in Illinois.
|
(5) Each organized group of proponents or opponents of a |
ballot
proposition, which shall have registered the name and |
address of its
organization or committee and the name and |
address of its chair chairman with the
proper election |
authority at least 40 days before the election, shall be
|
entitled to appoint one pollwatcher per precinct. The |
pollwatcher
must be
registered to vote in Illinois.
|
All pollwatchers shall be required to have proper |
credentials. Such
credentials shall be printed in sufficient |
quantities, shall be issued
by and under the facsimile |
signature(s) of the election authority or the State Board of |
Elections and
shall be available for distribution by the |
election authority and State Board of Elections at least 2 |
weeks prior to the
election. Such credentials shall be |
authorized by the real or facsimile
signature of the State or |
local party official or the candidate or the
presiding officer |
of the civic organization or the chair chairman of the
|
proponent or opponent group, as the case may be. Neither the |
election authority nor the State Board of Elections may require |
any such party official or the candidate or the presiding |
officer of the civic organization or the chair chairman of the |
proponent or opponent group to submit the names or other |
information concerning pollwatchers before making credentials |
available to such persons or organizations.
|
Pollwatcher credentials shall be in substantially the |
|
following form:
|
POLLWATCHER CREDENTIALS
|
TO THE JUDGES OF ELECTION:
|
In accordance with the provisions of the Election
Code, the |
undersigned hereby appoints .......... (name of pollwatcher)
|
who resides at ........... (address) in the county
of |
..........., .......... (township or municipality)
of |
........... (name), State of Illinois and who is duly |
registered
to vote from this address, to act as a pollwatcher |
in the
........... precinct of the ........... ward (if |
applicable)
of the ........... (township or municipality) of |
........... at the
........... election to be held on (insert |
date).
|
........................ (Signature of Appointing Authority)
|
......................... TITLE (party official, candidate,
|
civic organization president,
|
proponent or opponent group |
chair chairman )
|
Under penalties provided by law pursuant to Section 29-10 |
of the
Election Code, the undersigned pollwatcher certifies |
that he or she resides
at ................ (address) in the |
county of ............, .........
(township or municipality) |
of ........... (name), State of Illinois, and is
duly |
registered to vote in Illinois.
|
|
.......................... .......................
|
(Precinct and/or Ward in (Signature of Pollwatcher)
|
Which Pollwatcher Resides)
|
Pollwatchers must present their credentials to the Judges |
of Election
upon entering the polling place. Pollwatcher |
credentials properly
executed and signed shall be proof of the |
qualifications of the
pollwatcher authorized thereby. Such |
credentials are retained by the
Judges and returned to the |
Election Authority at the end of the day of
election with the |
other election materials. Once a pollwatcher has
surrendered a |
valid credential, he may leave and reenter the polling place
|
provided that such continuing action does not disrupt the |
conduct of the
election. Pollwatchers may be substituted during |
the course of the day, but
established political parties, |
candidates and qualified civic organizations
can have only as |
many pollwatchers at any given time as are authorized in
this |
Article. A substitute must present his signed credential to the
|
judges of election upon entering the polling place. Election |
authorities
must provide a sufficient number of credentials to |
allow for substitution
of pollwatchers. After the polls have |
closed pollwatchers shall be allowed
to remain until the |
canvass of votes is completed; but may leave and
reenter only |
in cases of necessity, provided that such action is not so
|
continuous as to disrupt the canvass of votes.
|
Candidates seeking office in a district or municipality |
|
encompassing 2
or more counties shall be admitted to any and |
all polling places throughout
such district or municipality |
without regard to the counties in which such
candidates are |
registered to vote. Actions of such candidates shall be
|
governed in each polling place by the same privileges and |
limitations that
apply to pollwatchers as provided in this |
Section. Any such candidate who
engages in an activity in a |
polling place which could reasonably be
construed by a majority |
of the judges of election as campaign activity
shall be removed |
forthwith from such polling place.
|
Candidates seeking office in a district or municipality |
encompassing 2 or
more counties who desire to be admitted to |
polling places on election day
in such district or municipality |
shall be required to have proper
credentials. Such credentials |
shall be printed in sufficient quantities,
shall be issued by |
and under the facsimile signature of the State Board of |
Elections or the
election authority of the election |
jurisdiction where the polling place in
which the candidate |
seeks admittance is located, and shall be available for
|
distribution at least 2 weeks prior to the election. Such |
credentials shall
be signed by the candidate.
|
Candidate credentials shall be in substantially the |
following form:
|
CANDIDATE CREDENTIALS
|
TO THE JUDGES OF ELECTION:
|
|
In accordance with the provisions of the Election Code, I |
...... (name of
candidate) hereby certify that I am a candidate |
for ....... (name of
office) and seek admittance to ....... |
precinct of the ....... ward (if
applicable) of the ....... |
(township or municipality) of ....... at the
....... election |
to be held on (insert date).
|
......................... .......................
|
(Signature of Candidate) OFFICE FOR WHICH
|
CANDIDATE SEEKS
|
NOMINATION OR
|
ELECTION
|
Pollwatchers shall be permitted to observe all proceedings |
and view all reasonably requested records relating
to the |
conduct of the election, provided the secrecy of the ballot is |
not impinged, and to station themselves in a position
in the |
voting room as will enable them to observe the judges making |
the
signature comparison between the voter application and the |
voter
registration record card; provided, however, that such |
pollwatchers
shall not be permitted to station themselves in |
such close proximity to
the judges of election so as to |
interfere with the orderly conduct of
the election and shall |
not, in any event, be permitted to handle
election materials. |
Pollwatchers may challenge for cause the voting
qualifications |
of a person offering to vote and may call to the
attention of |
the judges of election any incorrect procedure or apparent
|
|
violations of this Code.
|
If a majority of the judges of election determine that the |
polling
place has become too overcrowded with pollwatchers so |
as to interfere
with the orderly conduct of the election, the |
judges shall, by lot,
limit such pollwatchers to a reasonable |
number, except that each
established or new political party |
shall be permitted to have at least
one pollwatcher present.
|
Representatives of an election authority, with regard to an |
election
under its jurisdiction, the State Board of Elections, |
and law
enforcement agencies, including but not limited to a |
United States
Attorney, a State's attorney, the Attorney |
General, and a State, county,
or local police department, in |
the performance of their official
election duties, shall be |
permitted at all times to enter and remain in
the polling |
place. Upon entering the polling place, such
representatives |
shall display their official credentials or other
|
identification to the judges of election.
|
Uniformed police officers assigned to polling place duty |
shall follow
all lawful instructions of the judges of election.
|
The provisions of this Section shall also apply to |
supervised casting of vote by mail
ballots as provided in |
Section 19-12.2 of this Act.
|
(Source: P.A. 98-115, eff. 7-29-13; 98-1171, eff. 6-1-15 .)
|
(10 ILCS 5/18-1) (from Ch. 46, par. 18-1)
|
Sec. 18-1.
The provisions of this Article 18 shall be |
|
applicable only to
and in municipalities operating under |
Article 6 of this Act.
|
At every election in any municipality operating under |
Article 6 of this
Act, each of the political parties shall have |
the right to designate a
canvasser for each election precinct, |
who may make a canvass of the
precinct in which he is appointed |
to act, not less than 20 nor more than 31
days previous to such |
election, for the purpose of ascertaining the names
and |
addresses of the legal voters residing in such precinct. An |
authority
signed by the executive director of the board of |
election
commissioners, shall be
sufficient evidence of the |
right of such canvasser to make a canvass of the
precinct in |
which he is appointed to act. The executive director of the |
board of
election commissioners shall issue such certificate of |
authority to any
person designated in a written request signed |
by the recognized chair chairman or
presiding officer of the |
chief managing committee of a political party in
such city, |
village or incorporated town; and a record shall be kept in the
|
office of the election commissioners of all appointments of |
such
canvassers. In making such canvass no person shall refuse |
to answer
questions and give the information asked for and |
known to him or her.
|
(Source: P.A. 82-373.)
|
(10 ILCS 5/18-14) (from Ch. 46, par. 18-14)
|
Sec. 18-14.
The judges of election shall make duplicate |
|
statements of
the result of the canvass, which shall be written |
or partly written and
partly printed. Each of the statements |
shall contain a caption stating
the day on which, and the |
number of the election precinct and the ward,
city and county, |
in relation to which such statements shall be made, and
the |
time of opening and closing of the polls of such election |
precinct.
It shall also contain a statement showing the whole |
number of votes
given for each person, designating the office |
for which they were given,
which statement shall be written, or |
partly written and partly printed,
in words at length; and in |
case a proposition of any kind has been
submitted to a vote at |
such election, such statements shall also show
the whole number |
of votes cast for or against such proposition, written
out or |
partly written and partly printed, in words at length, and at |
the
end thereof a certificate that such statement is correct in |
all
respects; which certificate, and each sheet of paper |
forming part of the
statement, shall be subscribed by the |
judges. If any judge shall decline
to sign such return, he |
shall state his reason therefor in writing, and
a copy thereof, |
signed by himself, shall be enclosed with each return.
Each of |
the statements shall be enclosed in an envelope, which shall
|
then be securely sealed with sealing wax or other adhesive |
material; and
each of the judges shall write his name across |
every fold at which the
envelope, if unfastened, could be |
opened. One of the envelopes shall be
directed to the county |
clerk and one to the comptroller of the city, or
to the officer |
|
of such city whose duties correspond with those of
comptroller. |
The judges of election shall make quadruplicate sets of
|
tallies, and each set of tallies shall also be signed by the |
judges of
the election. If, however, the number of established |
political parties,
as defined in Section 10-2, exceeds 2, one |
additional set of tallies
shall be made and signed for each |
established political party in excess
of 2. Each set shall be |
enclosed in an envelope, securely sealed and
signed in like |
manner; and one of the envelopes shall be directed on the
|
outside to the election commissioners and the other to the |
city, village
or town clerk; the other two envelopes shall be |
addressed, respectively,
to the chairmen of the county central |
committees of the established
political parties. On the outside |
of every envelope shall be endorsed
whether it contains the |
statements of the votes cast or the tallies, and
for what |
precinct and ward, village or town.
|
However, in those jurisdictions where electronic voting |
systems utilizing
in-precinct counting equipment are used, one |
such envelope shall be transmitted
to the chair chairman of the |
county central committee of each established political
party |
and 2 such envelopes shall be transmitted to the board of |
election
commissioners.
|
Where voting machines or electronic voting systems are |
used, the
provisions of this Section may be modified as |
required or authorized by
Article 24 or Article 24A, whichever |
is applicable.
|
|
At the nonpartisan and consolidated elections, the judges |
of election
shall make a tally sheet and certificate of results |
for each political
subdivision as to which candidates or public |
questions are on the ballot
at such election, except where such |
votes are to be canvassed by the
board of election |
commissioners or by the city canvassing board provided
in |
Section 22-8. The judges shall sign, seal in a marked envelope |
and
deliver them to the county clerk with the other |
certificates of results
herein required. Such tally sheets and |
certificates of results may be
duplicates of the tally sheet |
and certificate of results otherwise
required by this Section, |
showing all votes for all candidates and
public questions voted |
for or upon in the precinct, or may be on
separate forms |
prepared by the election authority and showing only those
votes |
cast for candidates and public questions of each such political
|
subdivision.
|
Within 2 days of delivery of complete returns of the |
consolidated and
nonpartisan elections, the board of election |
commissioners shall
transmit an original, sealed tally sheet |
and certificate of results from
each precinct in its |
jurisdiction in which candidates or public
questions of a |
political subdivision were on the ballot to the local
election |
official of such political subdivision where a local canvassing
|
board is designated to canvass such votes. Each local election |
official,
within 24 hours of receipt of all of the tally sheets |
and certificates
of results for all precincts in which |
|
candidates or public questions of
his political subdivision |
were on the ballot, shall transmit such sealed
tally sheets and |
certificates of results to the canvassing board for
that |
political subdivision.
|
In the case of referenda for the formation of a political |
subdivision
the tally sheets and certificates of results shall |
be transmitted by the
board of election commissioners to the |
circuit court that ordered the
proposition submitted or to the |
officials designated by the court to
conduct the canvass of |
votes. In the case of school referenda for which
a regional |
superintendent of schools is responsible for the canvass of
|
votes, the board of election commissioners shall transmit the |
tally
sheets and certificates of results to the regional |
superintendent.
|
(Source: P.A. 82-1014.)
|
(10 ILCS 5/21-1) (from Ch. 46, par. 21-1)
|
Sec. 21-1.
Choosing and election of electors of President |
and
Vice-President of the United States shall be in the |
following manner:
|
(a) In each year in which a President and Vice-President of |
the United
States are chosen, each political party or group in |
this State shall choose
by its State Convention or State |
central committee electors of President and Vice-President of |
the
United States and such State Convention or State central |
committee of such party or group shall also
choose electors at |
|
large, if any are to be appointed for this State and
such State |
Convention or State central committee of such party or group |
shall by its chair chairman and
secretary certify the total |
list of such electors together with electors at
large so chosen |
to the State Board of Elections.
|
The filing of such certificate with the Board, of such |
choosing of
electors shall be deemed and taken to be the |
choosing and selection of the
electors of this State, if such |
party or group is successful at the polls
as herein provided in |
choosing their candidates for President and
Vice-President of |
the United States.
|
(b) The names of the candidates of the several political |
parties or
groups for electors of President and Vice-President |
shall not be printed on
the official ballot to be voted in the |
election to be held on the day in
this Act above named. In lieu |
of the names of the candidates for such
electors of President |
and Vice-President, immediately under the appellation
of party |
name of a party or group in the column of its candidates on the
|
official ballot, to be voted at said election first above named |
in
subsection (1) of Section 2A-1.2 and Section 2A-2, there |
shall be printed
within a bracket the name of the candidate for
|
President and the name of the candidate for Vice-President of |
such party or
group with a square to the left of such bracket. |
Each voter in this State
from the several lists or sets of |
electors so chosen and selected by the
said respective |
political parties or groups, may choose and elect one of
such |
|
lists or sets of electors by placing a cross in the square to |
the left
of the bracket aforesaid of one of such parties or |
groups. Placing a cross
within the square before the bracket |
enclosing the names of President and
Vice-President shall not |
be deemed and taken as a direct vote for such
candidates for |
President and Vice-President, or either of them, but shall
only |
be deemed and taken to be a vote for the entire list or set of
|
electors chosen by that political party or group so certified |
to the State
Board of Elections as herein provided. Voting by |
means of placing a cross
in the appropriate place preceding the |
appellation or title of the
particular political party or |
group, shall not be deemed or taken as a
direct vote for the |
candidates for President and Vice-President, or either
of them, |
but instead to the Presidential vote, as a vote for the entire
|
list or set of electors chosen by that political party or group |
so
certified to the State Board of Elections as herein |
provided.
|
(c) Such certification by the respective political parties |
or groups in
this State of electors of President and |
Vice-President shall be made to the
State Board of Elections |
within 2 days after such State convention or meeting of the |
State central committee in which the electors were chosen.
|
(d) Should more than one certificate of choice and |
selection of electors
of the same political party or group be |
filed by contesting conventions or
contesting groups, it shall |
be the duty of the State Board of Elections
within 10 days |
|
after the adjournment of the last of such conventions to
meet |
and determine which set of nominees for electors of such party |
or
group was chosen and selected by the authorized convention |
of such party or
group. The Board, after notice to the chair |
chairman and secretaries or managers
of the conventions or |
groups and after a hearing shall determine which set
of |
electors was so chosen by the authorized convention and shall |
so
announce and publish the fact, and such decision shall be |
final and the set
of electors so determined upon by the |
electoral board to be so chosen shall
be the list or set of |
electors to be deemed elected if that party shall be
successful |
at the polls, as herein provided.
|
(e) Should a vacancy occur in the choice of an elector in a
|
congressional district, such vacancy may be filled by the |
executive
committee of the party or group for such |
congressional district, to be
certified by such committee to |
the State Board of Elections. Should a
vacancy occur in the |
office of elector at large, such vacancy shall be
filled by the |
State committee of such political party or group, and
certified |
by it to the State Board of Elections.
|
(Source: P.A. 99-522, eff. 6-30-16.)
|
(10 ILCS 5/22-1)
(from Ch. 46, par. 22-1)
|
Sec. 22-1. Abstracts of votes. Within 21 days after the
|
close of the
election at which candidates for offices |
hereinafter named in this Section are
voted upon, the election |
|
authorities of the respective counties shall open the returns |
and make abstracts of
the votes on a separate sheet for each of |
the following:
|
A. For Governor and Lieutenant Governor;
|
B. For State officers;
|
C. For presidential electors;
|
D. For United States Senators and Representatives to |
Congress;
|
E. For judges of the Supreme Court;
|
F. For judges of the Appellate Court;
|
G. For judges of the circuit court;
|
H. For Senators and Representatives to the General |
Assembly;
|
I. For State's Attorneys elected from 2 or more |
counties;
|
J. For amendments to the Constitution, and for other |
propositions
submitted to the electors of the entire State;
|
K. For county officers and for propositions submitted |
to the
electors of the county only;
|
L. For Regional Superintendent of Schools;
|
M. For trustees of Sanitary Districts; and
|
N. For Trustee of a Regional Board of School Trustees.
|
Each sheet shall report the returns by precinct or ward. |
Multiple originals of each of the sheets shall be prepared |
and one of
each shall be turned over to the chair chairman of |
the county central
committee of each of the then existing |
|
established political parties, as
defined in Section 10-2, or |
his duly authorized representative
immediately after the |
completion of the entries on the sheets and before
the totals |
have been compiled.
|
The foregoing abstracts shall be preserved by the election |
authority in its office.
|
Whenever any county clerk is unable to canvass the vote,
|
the deputy county clerk or a designee of the county clerk shall |
serve in his or her place.
|
The powers and duties of the election authority canvassing |
the votes are limited to
those specified in this Section.
|
No person who is shown by the election authority's |
proclamation to have been elected at the consolidated election |
or general election as a write-in candidate shall take office |
unless that person has first filed with the certifying office |
or board a statement of candidacy pursuant to Section 7-10 or |
Section 10-5, a statement pursuant to Section 7-10.1, and a |
receipt for filing a statement of economic interests in |
relation to the unit of government to which he or she has been |
elected. For officers elected at the consolidated election, the |
certifying officer shall notify the election authority of the |
receipt of those documents, and the county clerk shall issue |
the certification of election under the provisions of Section |
22-18. |
(Source: P.A. 94-645, eff. 8-22-05; 94-647, eff. 1-1-06; |
95-331, eff. 8-21-07.)
|
|
(10 ILCS 5/22-4) (from Ch. 46, par. 22-4)
|
Sec. 22-4.
On the day appointed, the clerk and the chair |
chairmen (or vice-chair
vice-chairman or secretary, as the case |
may be) of the county central
committees of the Republican and |
Democratic parties and other canvassers,
or, in case of their |
absence the state's attorney or sheriff, shall attend,
and the |
parties interested shall appear and determine by lot which of |
them
is to be declared elected; and the clerk shall issue his |
certificate of
election to the person thus declared elected.
|
(Source: Laws 1955, p. 1015.)
|
(10 ILCS 5/22-8)
(from Ch. 46, par. 22-8)
|
Sec. 22-8. In municipalities operating under Article 6 of |
this Act,
within 21 days after the close of such election, the |
board of election
commissioners
shall open all returns and |
shall make abstracts or
statements of the votes for all offices |
and questions voted on at the election.
|
Each abstract or statement shall report the returns by |
precinct or ward.
|
Multiple originals of each of the abstracts or statements |
shall be prepared and one of
each shall be turned over to the |
chair chairman of the county central committee
of each of the |
then existing established political parties, as defined in
|
Section 10-2.
|
(Source: P.A. 94-645, eff. 8-22-05; 94-647, eff. 1-1-06; |
|
95-331, eff. 8-21-07.)
|
(10 ILCS 5/22-15) (from Ch. 46, par. 22-15)
|
Sec. 22-15. The election
authority shall, upon request,
and |
by mail if so requested, furnish free of charge to any |
candidate for any office, whose name appeared
upon the ballot |
within the jurisdiction of
the election
authority, a copy of |
the abstract
of votes by precinct or ward for all candidates |
for the office for which such
person was a candidate. Such |
abstract shall be furnished no later than 2
days after the |
receipt of the request or 8 days after the completing of the
|
canvass, whichever is later.
|
Within one calendar day following the canvass and
|
proclamation of each general
primary election and general |
election, each election authority shall transmit
to the |
principal office of the State Board of Elections copies of the |
abstracts
of votes by precinct or ward for the offices of
ward, |
township, and precinct committeeperson committeeman via |
overnight mail so that the
abstract of votes arrives at the |
address the following calendar day. Each
election authority |
shall
also transmit to the principal office of the State Board |
of Elections copies
of current precinct poll lists.
|
(Source: P.A. 94-645, eff. 8-22-05; 94-647, eff. 1-1-06; |
95-331, eff. 8-21-07.)
|
(10 ILCS 5/22-15.1) (from Ch. 46, par. 22-15.1)
|
|
Sec. 22-15.1. (a) Within 60 days following the canvass
of |
the general election within each election jurisdiction, the |
election
authority shall
prepare, in typewritten or legible |
computer-generated form, a report of the
abstracts of votes by |
precinct for all offices and
questions of public policy in |
connection with which votes were cast within
the election |
jurisdiction at the general election. The report shall
include |
the total number of ballots cast within each precinct or ward |
and the
total
number of registered voters within each precinct |
or ward. The election
authority shall provide a copy of the |
report to the chair chairman of the county
central committee of |
each established political party in the county within
which the |
election jurisdiction is contained, and shall make a reasonable
|
number of copies of the report available for distribution to |
the public.
|
(b) Within 60 days after the effective date of this |
amendatory Act of
1985, each election authority shall prepare, |
in typewritten or legible
computer-generated form, a report of |
the type required
by subsection (a) concerning the general |
election of 1984. The election
authority shall provide a copy |
of the report to the chairperson chairman of the county
central |
committee of each established political party in the county in
|
which the election jurisdiction is contained, and shall make a |
reasonable
number of copies of the report available for |
distribution to the public.
|
(c) An election authority may charge a fee to reimburse the |
|
actual cost
of duplicating each copy of a report provided |
pursuant to subsection (a) or
(b).
|
(Source: P.A. 94-645, eff. 8-22-05.)
|
(10 ILCS 5/24-13) (from Ch. 46, par. 24-13)
|
Sec. 24-13.
Four sets of ballot labels for use in each |
voting
machine shall be provided for each polling place for |
each election by
the election authority.
There shall also be |
furnished all other necessary materials or supplies
for the |
proper use of the voting machines, including durable |
transparent
noninflammable covering at least 1/16 inch thick |
with which all the
ballot labels shall be securely covered to |
prevent shifting, tampering
with or mutilations of the ballot |
labels, facsimile diagrams, return
sheets, certificates, forms |
and materials of all kinds provided for in
this Article. The |
election authority shall before the
day of election, cause the |
proper ballot labels, together with the
transparent protective |
covering for same, to be put upon each machine,
corresponding |
with the sample ballot labels herein provided for, and the
|
machine in every way to be put in order, set and adjusted, |
ready for use
in voting when delivered at the precinct polling |
places and for the
purpose of so labeling the machine, putting |
in order, setting and
adjusting the same, they may employ one |
competent person to be known as
the voting machine custodian |
and additional deputy custodians as
required. The election |
authority
shall, preceding each
election day, holding a meeting |
|
or meetings for the purpose of
instructing all election |
precinct officials who are to serve in an
election precinct |
where voting machines are to be used. Before preparing
any |
voting machines for any election, the election authority shall |
cause written
notices to be sent to the chair chairman of the |
county central committee of
each political party having a |
candidate or candidates on the ballot, or
the chair chairman of |
each municipal or township
committee of each political
party |
having candidates on the ballot, in the case of a municipal or |
township
election, stating the times when, and the place
or |
places where,
the voting machines will be prepared for the |
election; they shall also
cause written notices to be sent to |
the chair chairman or presiding officer of
any organization of |
citizens within the county, or other political subdivision,
|
having as its purpose, or among its purposes or interests, the
|
prevention, investigation or prosecution of election frauds, |
which has
registered its name and address and the names of its |
principal officers
with the officer, officers or board having |
charge of the preparation of
the machines for the election, at |
least 40 days before such
election, stating the times when, and |
the place or places where, the
voting machines will be prepared |
for the election, at which times and
place or places, one |
representative of each such political party,
certified by the |
respective chair chairman of the county managing committee of
|
each such political party, or the chair chairman of the |
municipal or township
committee in the case of a municipal or |
|
township
election, and one
representative of each such |
candidate, certified by such candidate, and
one representative |
of each organization of citizens, certified by the
respective |
chair chairman or presiding officers of such organizations |
shall be
entitled to be present and see that the machines are |
properly prepared
and tested and placed in proper condition and |
order for use at the
election. The custodian or custodians of |
voting machines and the party
representatives shall take the |
constitutional oath of office. It shall
be the privilege of |
such party and organization representatives to be
present at |
the preparation of the voting machines for the election and
to |
see that each machine is tested for accuracy and is properly |
prepared
and that all registering counters are set at zero. The |
custodian shall,
in the presence of the party and candidate and |
organization
representatives, prepare the voting machine for |
the election and set all
registering counters at zero, and he |
shall then, assisted by the
watchers, test each such |
registering counter for accuracy by casting
votes upon it, and |
such testing shall be done in the presence of the
watchers, |
until each such registering counter is correctly registering
|
each vote cast upon it, and each certificate for each machine |
shall
state that this has been done, and the custodians shall |
then, in the
presence of the party and candidate and |
organization representatives,
reset each registering counter |
to zero, and shall then immediately seal
the voting machine |
with a numbered metal seal, and a record of the
number on the |
|
seal shall then and there be made by the custodian on the
|
certificate for that machine and the seal shall be so placed as |
to
prevent operation of the machine or its registering counters |
without
breaking the seal, and the custodian shall then |
immediately make a
record on the certificate for that machine |
of the reading shown on the
protective counter. Immediately |
after each machine has been so tested
and prepared for the |
election, it shall be the duty of such custodian or
custodians |
to make a certificate in writing which shall be filed in the
|
office of the election authority, stating the serial
number of |
each voting
machine, whether or not such machine has all the |
registering counters
set at zero, whether or not such machine |
has been tested by voting on
each registering counter so as to |
prove that each such registering
counter is in perfect and |
accurate working condition, the number
registered on the |
protective counter, and the number on the metal seal
with which |
the machine is sealed against operation. Unless objection is
|
filed, within 2 days, with the election authority, to the use
|
of a particular machine or
machines, such voting machine or |
machines when certified to be correct
by the custodian shall be |
conclusively presumed to have been properly
prepared for use at |
the election for which they were prepared. Any
objection filed |
shall particularly set forth the number of the machine
objected |
to, and the particulars or basis for the objection. The machine
|
shall then be locked so that it cannot be operated or voted |
upon without
first unlocking it and the keys shall be at once |
|
returned to the custody
of the election authority, and the |
election authority shall cause the
machine so labeled in order, |
set and adjusted, to be delivered at the
polling place, |
together with all necessary furniture and appliances that
go |
with the same, not later than one hour before the hour at which |
the
polls are to be opened. The election authority shall |
deliver the keys,
which unlock the
voting mechanism and the |
registering counters or counter compartment of
the voting |
machine, to the precinct election board, not earlier than
noon |
on the Saturday preceding the election day, nor later than one |
hour
before the opening of the polls, and shall receive and |
file a receipt
therefor. The keys shall be enclosed in a sealed |
envelope on which shall
be written or printed: (1) The name, |
number of or designation of the
election precinct or district; |
(2) The number of the voting machine; (3)
The number of the |
seal with which the machine is sealed; (4) The number
|
registered on the protective counter or device as reported by |
the
custodian. No precinct election official shall break the |
seal of such
envelope except in the presence of all members of |
the precinct election
board, and such envelope shall not be |
opened until it shall have been
examined by each member of the |
precinct election board to see that it
has not been previously |
opened. Such envelope shall not be opened until
it shall have |
been found that the numbers and records recorded thereon
are |
correct and agree in every respect with the numbers and records |
as
shown on the machine. If any such number is found not to |
|
agree with the
numbers on the machine, the envelope shall not |
be opened until the
precinct election officials shall have |
notified the
election authority, and until the election |
authority
or some other person authorized by the election |
authority shall have
presented himself at the polling place for
|
the purpose of re-examining the machine, and shall have |
certified that
it is properly arranged after testing and |
examining it. On the morning
of the election the precinct |
election officials shall meet in the
polling place at least one |
hour before the time for opening the polls.
They shall see that |
the sample ballot labels and instructions for voting
are posted |
properly, and prominently so that the voters can have easy
|
access to them and that the instruction model is placed on the |
precinct
election officials' table and that everything is in |
readiness for voting
at the hour of opening the polls. They |
shall also see that the voting
machine is properly illuminated |
in accordance with the equipment
furnished. The precinct |
election officials shall compare the ballot
labels on the |
machine with the sample ballots and return sheets, see
that |
they are correct, examine and see that all the registering |
counters
in the machine are set at zero (0) or if the machine |
is equipped with a
device which will automatically record the |
number on the registering
columns on the back of the machine to |
recording sheets of paper and the
said paper can be removed |
without opening the back of the machine, that
all of the said |
registering counters for each candidate as appears on
the said |
|
recording sheet registers (0) and that the public counter is
|
also set at zero (0) and that the machine is otherwise in |
perfect order
and they shall compare and record the number on |
the metal seal with
which the voting machine is sealed, with |
the number furnished them as
recorded on the envelope |
containing the keys, by the election authority,
and if the |
number on the seal and the number on the protective
counter do |
not agree with the numbers supplied to them, they shall not
|
open the polls, but shall notify the election authority, and |
the election
authority or its authorized representatives or
|
custodian, shall, as soon as may be, test, examine and set the |
machine
in the same manner as is provided in this section for |
the testing,
setting and preparation of voting machines for an |
election. If, after
being so tested and examined, it is found |
that such voting machine is in
perfect working order, all |
registering counters shall be set at zero
(0), the reading of |
the protective counter shall be read and recorded
and the |
precinct election officials may proceed with the opening of the
|
polls. If such machine be found not to be in perfect working |
order as
hereinbefore provided, it shall not be used in the |
election, but shall
be replaced with another machine which is |
in perfect working order,
properly set, tested and sealed, and |
the election board shall then
proceed to examine such machine |
in the same manner as is provided in
this section for the |
examination of each voting machine by the election
board before |
the opening of the polls. They shall not thereafter permit
the |
|
counters to be operated or moved except by electors in voting, |
and
they shall also see that all necessary arrangements and |
adjustments are
made for voting irregular ballots on the |
machine. Each precinct election
official shall sign a |
certificate which shall certify that he has
complied with all |
the provisions of this Article, and that, before the
polls were |
declared open, he found the ballot labels to be in their
proper |
places and to exactly agree with the facsimile diagrams and
|
return or recording sheet belonging to that precinct; all |
registering
counters set at zero (0); the number on the metal |
seal and the number on
the protective counter exactly agree |
with the records furnished by the
election authority; the metal |
seal actually was sealed so as to prevent
movement of the |
voting machine mechanism without first breaking the
seal; all |
ballot labels were clean and without marks of any kind upon
|
them and they were in no way defaced or mutilated. When voting |
machines
are used in an election precinct, the watchers or |
challengers
representing the various political parties, |
candidates and citizens'
organizations, provided by law to be |
present shall be permitted to be
present from the time the |
precinct election board convenes on election
morning until the |
completion of the canvass after the close of the
polls. Such |
watchers shall be permitted to carefully examine each voting
|
machine before the polls are declared open and to compare the |
number of
the metal seal and the number on the protective |
counter with their own
records, and to see that all ballot |
|
labels are in their proper places,
and that the machine |
registering counters are all set at zero (0), and
that the |
machine or machines are in every way ready for voting at the
|
opening of the polls. If it is found that the ballot labels are |
not in
their proper places on the machine, or that they fail to |
conform in any
respect, with the facsimile diagrams and return |
sheets belonging to the
precinct, the precinct election |
officials shall not use such machine but
shall at once notify |
the proper election authority,
and such machine shall not be |
used until the election authority or person
authorized by it, |
shall have
supplied the proper ballot labels, and shall have |
placed such proper
ballot labels in their proper places, and |
they shall have been found to
be correct by the precinct |
election officials and watchers. If any
registering counter |
shall be found not to be set at zero (0), the
precinct election |
officials shall immediately notify the custodian or
officer or |
officers or board having charge of the preparation of the
|
voting machines for the election or primary, and the election |
authority
or person authorized by him or them
or it shall |
adjust
such registering counter or counters to zero (0), in the |
presence of all
the precinct election officials and watchers |
serving in such election
district.
|
(Source: P.A. 80-1469.)
|
(10 ILCS 5/24A-10) (from Ch. 46, par. 24A-10)
|
Sec. 24A-10. (1) In an election jurisdiction which has |
|
adopted an
electronic voting system, the election official in |
charge of the
election shall select one of the 3 following |
procedures for receiving,
counting, tallying, and return of the |
ballots:
|
(a) Two ballot boxes shall be provided for each polling |
place. The
first ballot box is for the depositing of votes cast |
on the electronic
voting system; and the second ballot box is |
for all votes cast on paper
ballots, including any
paper |
ballots
required to be voted other than on the electronic |
voting system.
Ballots
deposited in the second
ballot box shall |
be counted, tallied, and returned as is elsewhere
provided in |
"The Election Code," as amended, for the counting and
handling |
of paper ballots. Immediately after the closing of the polls, |
the judges of election shall make out a slip indicating the
|
number of persons who voted in the precinct at the election. |
Such slip
shall be signed by all the judges of election and |
shall be inserted by
them in the first ballot box. The judges |
of election shall thereupon
immediately lock each ballot box; |
provided, that if
such box is not of a type which may be |
securely locked, such box shall be
sealed with filament tape |
provided for such purpose
which shall be wrapped around the box |
lengthwise and crosswise, at least
twice each way, and in such |
manner that the seal completely covers the
slot in the ballot |
box, and each of the judges shall sign such seal. Thereupon
two |
of the judges of election, of different political parties, |
shall
forthwith and by the most direct route transport both |
|
ballot boxes to
the counting location designated by the county |
clerk or board of
election commissioners.
|
Before the ballots of a precinct are fed to the electronic |
tabulating
equipment, the first ballot box shall be opened at |
the central counting
station by the two precinct transport |
judges. Upon opening a ballot box,
such team shall first count |
the number of ballots in the box. If 2 or
more are folded |
together so as to appear to have been cast by the same
person, |
all of the ballots so folded together shall be marked and
|
returned with the other ballots in the same condition, as near |
as may
be, in which they were found when first opened, but |
shall not be
counted. If the remaining ballots are found to |
exceed the number of
persons voting in the precinct as shown by |
the slip signed by the judges
of election, the ballots shall be |
replaced in the box, and the box
closed and well shaken and |
again opened and one of the precinct
transport judges shall |
publicly draw out so many ballots unopened as are
equal to such |
excess.
|
Such excess ballots shall be marked "Excess-Not Counted" |
and signed
by the two precinct transport judges and shall be |
placed in the "After
7:00 p.m. Defective Ballots Envelope". The |
number of excess ballots
shall be noted in the remarks section |
of the Certificate of Results.
"Excess" ballots shall not be |
counted in the total of "defective"
ballots.
|
The precinct transport judges shall then examine the |
remaining
ballots for write-in votes and shall count and |
|
tabulate the write-in
vote; or
|
(b) A single ballot box, for the deposit of all votes cast, |
shall be
used. All ballots which are not to be tabulated on the |
electronic voting
system shall be counted, tallied, and |
returned as elsewhere provided in
"The Election Code," as |
amended, for the counting and handling of paper
ballots.
|
All ballots to be processed and tabulated with the |
electronic voting
system shall be processed as follows:
|
Immediately after the closing of the polls, the precinct |
judges of
election then shall open the ballot box and canvass |
the votes polled to
determine that the number of ballots |
therein agree with the number of
voters voting as shown by the |
applications for ballot or if the same do
not agree the judges |
of election shall make such ballots agree with the
applications |
for ballot in the manner provided by Section 17-18 of "The
|
Election Code." The judges of election shall then examine all |
ballot cards and ballot card envelopes which
are in
the ballot |
box to determine whether the
ballot cards and
ballot card |
envelopes bear the initials of a precinct judge of election.
If |
any ballot card or ballot card envelope is not
initialed, it |
shall be marked on the back "Defective," initialed as to
such |
label by all judges immediately under such word "Defective," |
and
not counted, but placed in the envelope provided for that |
purpose
labeled "Defective Ballots Envelope."
|
When an electronic voting system is used which utilizes a |
ballot
card, before separating the ballot cards from their |
|
respective
covering envelopes, the judges of election shall |
examine the ballot card
envelopes for write-in votes. When the |
voter has voted a write-in vote,
the judges of election shall |
compare the write-in vote with the votes on
the ballot card to |
determine whether such write-in results in an
overvote for any |
office. In case of an overvote for any office, the
judges of |
election, consisting in each case of at least one judge of
|
election of each of the two major political parties, shall make |
a true
duplicate ballot of all votes on such ballot card except |
for the office
which is overvoted, by using the ballot label |
booklet of the precinct
and one of the marking devices of the |
precinct so as to transfer all
votes of the voter except for |
the office overvoted, to an official
ballot card of that kind |
used in the precinct at that election. The
original ballot card |
and envelope upon which there is an overvote shall
be clearly |
labeled "Overvoted Ballot", and each shall bear the same
serial |
number which shall be placed thereon by the judges of election,
|
commencing with number 1 and continuing consecutively for the |
ballots of
that kind in that precinct. The judges of election |
shall initial the
"Duplicate Overvoted Ballot" ballot cards and |
shall place them in the
box for return of the ballots. The |
"Overvoted Ballot" ballots and their
envelopes shall be placed |
in the "Duplicate Ballots" envelope. Envelopes
bearing |
write-in votes marked in the place designated therefor and
|
bearing the initials of a precinct judge of election and not |
resulting
in an overvote and otherwise complying with the |
|
election laws as to
marking shall be counted, tallied, and |
their votes recorded on a tally
sheet provided by the election |
official in charge of the election. The
ballot cards and ballot |
card envelopes shall be separated and all except
any defective |
or overvoted shall be placed separately in the box for
return |
of the ballots. The judges of election shall examine the
|
ballots and ballot cards to determine if any is damaged or |
defective so
that it cannot be counted by the automatic |
tabulating equipment. If any
ballot or ballot card is damaged |
or defective so that it cannot properly
be counted by the |
automatic tabulating equipment, the judges of
election, |
consisting in each case of at least one judge of election of
|
each of the two major political parties, shall make a true |
duplicate
ballot of all votes on such ballot card by using the |
ballot label
booklet of the precinct and one of the marking |
devices of the precinct.
The original ballot or ballot card and |
envelope shall be clearly labeled
"Damaged Ballot" and the |
ballot or ballot card so produced "Duplicate
Damaged Ballot," |
and each shall bear the same number which shall be
placed |
thereon by the judges of election, commencing with number 1 and
|
continuing consecutively for the ballots of that kind in the |
precinct.
The judges of election shall initial the "Duplicate |
Damaged Ballot"
ballot or ballot cards, and shall place them in |
the box for return of
the ballots. The "Damaged Ballot" ballots |
or ballot cards and their
envelopes shall be placed in the |
"Duplicated Ballots" envelope. A slip
indicating the number of |
|
voters voting in person shall be made out, signed by all
judges |
of election, and inserted in the box for return of the ballots.
|
The tally sheets recording the write-in votes shall be placed |
in this
box. The judges of election thereupon immediately shall |
securely lock the
ballot box or other suitable
box furnished |
for return of the ballots by the election official in
charge of |
the election; provided that if such box is not of a type which
|
may be securely locked, such box shall be sealed with filament |
tape provided
for such purpose which shall be wrapped around |
the box lengthwise and crosswise,
at least twice each way. A |
separate adhesive seal label signed by each of
the judges of |
election of the precinct shall be affixed to the box so as
to |
cover any slot therein and to identify the box of the precinct; |
and
if such box is sealed with filament tape as provided herein |
rather than
locked, such tape shall be wrapped around the box |
as provided herein, but
in such manner that the separate |
adhesive seal label affixed to the box
and signed by the judges |
may not be removed without breaking the filament
tape and |
disturbing the signature of the judges. Thereupon, 2 of the
|
judges of election, of different major political parties, |
forthwith shall
by the most direct route transport the box for
|
return of the ballots and enclosed ballots and returns to the |
central
counting location designated by the election official |
in charge of the
election. If, however, because of the lack of |
adequate parking
facilities at the central counting location or |
for any other reason, it
is impossible or impracticable for the |
|
boxes from all the polling places
to be delivered directly to |
the central counting location, the election
official in charge |
of the election may designate some other location to
which the |
boxes shall be delivered by the 2 precinct judges. While at
|
such other location the boxes shall be in the care and custody |
of one or
more teams, each consisting of 4 persons, 2 from each |
of the two major
political parties, designated for such purpose |
by the election official
in charge of elections from |
recommendations by the appropriate political
party |
organizations. As soon as possible, the boxes shall be |
transported
from such other location to the central counting |
location by one or more
teams, each consisting of 4 persons, 2 |
from each of the 2 major
political parties, designated for such |
purpose by the election official
in charge of elections from |
recommendations by the appropriate political
party |
organizations.
|
The "Defective Ballots" envelope, and "Duplicated Ballots" |
envelope
each shall be securely sealed and the flap or end |
thereof of each signed
by the precinct judges of election and |
returned to the central counting
location with the box for |
return of the ballots, enclosed ballots and
returns.
|
At the central counting location, a team of tally judges |
designated
by the election official in charge of the election |
shall check the box
returned containing the ballots to |
determine that all seals are intact,
and thereupon shall open |
the box, check the voters' slip and compare the
number of |
|
ballots so delivered against the total number of voters of the
|
precinct who voted, remove the ballots or ballot cards and |
deliver them
to the technicians operating the automatic |
tabulating equipment. Any
discrepancies between the number of |
ballots and total number of voters
shall be noted on a sheet |
furnished for that purpose and signed by the
tally judges; or
|
(c) A single ballot box, for the deposit of all votes cast, |
shall be used.
Immediately after the closing of the polls, the |
precinct judges of election shall
securely
lock the ballot box; |
provided that if such box is not of a
type which may be |
securely locked, such box shall be sealed with filament
tape |
provided for such purpose which shall be wrapped around the box |
lengthwise
and crosswise, at least twice each way.
A separate |
adhesive seal label signed by each of the judges of election
of |
the precinct shall be affixed to the box so as to cover any |
slot therein
and to identify the box of the precinct; and if |
such box is sealed with
filament tape as provided herein rather |
than locked, such tape shall be
wrapped around the box as |
provided herein, but in such manner that the separate
adhesive |
seal label affixed to the box and signed by the judges may not
|
be removed without breaking the filament tape and disturbing |
the signature
of the judges. Thereupon, 2 of the judges
of |
election, of different
major political parties, shall |
forthwith by the most direct route transport
the box for return |
of the ballots and enclosed vote by mail and early ballots
and |
returns
to the central counting location designated by the |
|
election official
in charge of the election. If however, |
because of the lack of adequate
parking facilities at the |
central counting location or for some other reason,
it is |
impossible or impracticable for the boxes from all the polling |
places
to be delivered directly to the central counting |
location, the election
official in charge of the election may |
designate some other location to
which the boxes shall be |
delivered by the 2 precinct judges. While at
such other |
location the boxes shall be in the care and custody of one or
|
more teams, each consisting of 4 persons, 2 from each of the |
two major
political
parties, designated for such purpose by the |
election official in charge
of elections from recommendations |
by the appropriate political party
organizations.
As soon as |
possible, the boxes shall be transported from such other |
location
to the central counting location by one or more teams, |
each consisting of
4 persons, 2 from each of the 2 major |
political parties, designated for
such purpose by the election |
official in charge of the election from
recommendations
by the |
appropriate political party organizations.
|
At the central counting location there shall be one or more |
teams of tally
judges who possess the same qualifications as |
tally judges in election
jurisdictions
using paper ballots. The |
number of such teams shall be determined by the
election |
authority. Each team shall consist of 5 tally judges, 3 |
selected
and approved by the county board from a certified list |
furnished by the chair
chairman of the county central committee |
|
of the party with the majority
of members on the county board |
and 2 selected and approved by the county
board from a |
certified list furnished by the chair chairman of the county |
central
committee of the party with the second largest number |
of members
on the county board. At the central counting |
location a team of tally judges
shall open the ballot box and |
canvass the votes polled to determine that
the number of ballot |
sheets
therein agree with the number of voters voting as shown |
by the applications
for ballot; and, if the same do not agree, |
the tally judges shall make such
ballots agree with the number |
of applications for ballot in the manner provided
by Section |
17-18 of the Election Code. The tally judges shall then examine
|
all ballot sheets which are in the ballot box to determine |
whether they
bear the initials of the precinct judge of |
election. If any ballot is not
initialed, it shall be marked on |
the back "Defective", initialed as to such
label by all tally |
judges immediately under such word "Defective", and not
|
counted, but placed in the envelope provided for that purpose |
labeled
"Defective
Ballots Envelope". An overvote for one |
office shall invalidate
only the vote or count of that |
particular office.
|
At the central counting location, a team of tally judges |
designated
by the election official in charge of the election |
shall deliver the ballot
sheets to the technicians operating |
the automatic tabulating equipment.
Any discrepancies between |
the number of ballots and total number of voters
shall be noted |
|
on a sheet furnished for that purpose and signed by the tally
|
judges.
|
(2) Regardless of which procedure described in subsection |
(1) of this
Section is used,
the judges of election designated |
to transport the ballots, properly signed
and sealed as |
provided herein, shall ensure that the ballots are delivered
to |
the central counting station no later than 12 hours after the |
polls close.
At the central counting station a team of tally |
judges designated by the
election official in charge of the |
election shall examine the ballots so
transported and shall not |
accept ballots for tabulating which are not signed
and sealed |
as provided in subsection (1) of this Section until the
judges |
transporting the
same make and sign the necessary corrections. |
Upon acceptance of the ballots
by a team of tally judges at the |
central counting station, the election
judges transporting the |
same shall take a receipt signed by the election
official in |
charge of the election and stamped with the date and time of
|
acceptance. The election judges whose duty it is to transport |
any ballots
shall, in the event
such ballots cannot be found |
when needed, on proper request, produce the
receipt which they |
are to take as above provided.
|
(Source: P.A. 98-1171, eff. 6-1-15 .)
|
(10 ILCS 5/24A-11) (from Ch. 46, par. 24A-11)
|
Sec. 24A-11.
All proceedings at the location for central |
counting
shall be under the
direction of the county clerk or |
|
board of election commissioners, as the
case may be. Except for |
any specially trained technicians required for the
operation of |
the automatic tabulating equipment, the employees at the
|
counting station shall be equally divided between members of |
the 2 leading
political parties and all duties performed by |
such employees shall be by
teams consisting of an equal number |
of members of each political party.
Thirty days before an |
election the county clerk or board of election
commissioners |
shall submit to the chair chairman of each political party, for |
his
approval or disapproval, a list of persons of his party |
proposed to be
employed. If a chair chairman fails to notify |
the election authority of his
disapproval of any proposed |
employee within a period of 10 days thereafter
the list shall |
be deemed approved.
|
(Source: P.A. 82-1014.)
|
(10 ILCS 5/24A-15) (from Ch. 46, par. 24A-15)
|
Sec. 24A-15. The precinct return printed by the automatic |
tabulating
equipment shall include the number of ballots cast
|
and votes cast for each candidate and proposition and shall |
constitute the
official return of each precinct. In addition to |
the precinct return, the
election authority shall provide the |
number of applications for ballots
in each precinct, the |
write-in votes, the total number of ballots counted in
each |
precinct for each political subdivision and district and the |
number
of registered voters in each precinct. However, the |
|
election authority
shall check the totals shown by the precinct |
return and, if there is an
obvious discrepancy with respect to |
the total number of votes cast in any
precinct, shall have the |
ballots for such precinct retabulated to correct
the return. |
The procedures for retabulation shall apply prior to and
after |
the proclamation is completed; however, after the proclamation |
of
results, the election authority must obtain a court order to |
unseal voted
ballots except for election contests and discovery |
recounts.
In those election jurisdictions that utilize |
in-precinct counting
equipment, the certificate of results, |
which has been prepared by the
judges of election after the |
ballots have been
tabulated, shall be the document used for the |
canvass of votes for such
precinct. Whenever a discrepancy |
exists during the canvass of votes
between the unofficial |
results and the certificate of results, or whenever
a |
discrepancy exists during the canvass of votes between the |
certificate of
results and the set of totals which has been |
affixed to such certificate of
results, the ballots for such |
precinct shall be retabulated to correct the
return. As an |
additional part of this check prior to the proclamation, in
|
those jurisdictions where in-precinct counting equipment is |
utilized, the
election authority shall retabulate the total |
number of votes cast in 5% of
the precincts within the election |
jurisdiction, as well as 5% of the voting devices used in early |
voting. The precincts and the voting devices to be
retabulated |
shall be selected after election day on a random basis by the
|
|
State Board of Elections, so that every precinct in the |
election jurisdiction and every voting device used in early |
voting has
an equal mathematical chance of being selected. The |
State Board of
Elections shall design a standard and scientific |
random method of selecting
the precincts and voting devices |
which are to be retabulated. The State central committee chair
|
chairman of each established political party shall be given |
prior written notice of the time and place of
such random |
selection procedure and may be represented at such procedure.
|
Such retabulation shall consist of counting the ballot cards |
which were
originally counted and shall not involve any |
determination as to which
ballot cards were, in fact, properly |
counted. The ballots from the
precincts selected for such |
retabulation shall remain at all times under
the custody and |
control of the election authority and shall be transported
and |
retabulated by the designated staff of the election authority.
|
As part of such retabulation, the election authority shall |
test the
computer program in the selected precincts and on the |
selected early voting devices. Such test
shall be conducted by |
processing a preaudited group of ballots so punched
so as to |
record a predetermined number of valid votes for each candidate
|
and on each public question, and shall include for each office |
one or more
ballots which have votes in excess of the number |
allowed by law in order
to test the ability of the equipment to |
reject such votes. If any error
is detected, the cause therefor |
shall be ascertained and corrected and an
errorless count shall |
|
be made prior to the official canvass and proclamation
of |
election results.
|
The State Board of Elections, the State's Attorney and |
other appropriate
law enforcement agencies, the county chair |
chairman of each established political
party and qualified |
civic organizations shall be given prior written notice
of the |
time and place of such retabulation and may be represented at |
such
retabulation.
|
The results of this retabulation shall be treated in the |
same manner and
have the same effect as the results of the |
discovery procedures set forth
in Section 22-9.1 of this Act. |
Upon completion of the retabulation, the
election authority |
shall print a comparison of the results of the
retabulation |
with the original precinct return printed by the automatic
|
tabulating equipment. Such comparison shall be done for each |
precinct and for each early voting device selected for testing |
and
for each office voted upon within that precinct or on that |
voting device, and the comparisons shall
be open to the public.
|
(Source: P.A. 97-81, eff. 7-5-11.)
|
(10 ILCS 5/24B-10)
|
Sec. 24B-10. Receiving, Counting, Tallying and Return of
|
Ballots; Acceptance of Ballots by Election Authority.
|
(a) In an election jurisdiction which has adopted an |
electronic Precinct
Tabulation Optical Scan Technology voting |
system, the election
official in charge of the election shall |
|
select one of the 3
following procedures for receiving, |
counting, tallying, and
return of the ballots:
|
(1) Two ballot boxes shall be provided for each polling
|
place. The first ballot box is for the depositing of votes |
cast
on the electronic voting system; and the second ballot |
box is for
all votes cast on other ballots, including any |
paper ballots required to be voted other than on
the |
Precinct Tabulation Optical Scan Technology electronic |
voting
system. Ballots deposited in the second
ballot box |
shall be counted, tallied, and returned as is
elsewhere |
provided in this Code for the
counting and handling of |
paper ballots. Immediately after the
closing of the polls, |
the
judges of election shall make out a slip
indicating the |
number of persons who voted in the precinct at the
|
election. The slip shall be signed by all the judges of
|
election and shall be inserted by them in the first ballot |
box.
The judges of election shall thereupon immediately |
lock each
ballot box; provided, that if the box is not of a |
type which may
be securely locked, the box shall be sealed |
with filament tape
provided for the purpose that shall be |
wrapped around the box
lengthwise and crosswise, at least |
twice each way, and in a
manner that the seal completely |
covers the slot in the ballot
box, and each of the judges |
shall sign the seal. Two
of the judges of election, of |
different political parties, shall
by the most direct route |
transport both ballot
boxes to the counting location |
|
designated by the county clerk or
board of election |
commissioners.
|
Before the ballots of a precinct are fed to the |
electronic
Precinct Tabulation Optical Scan Technology |
tabulating equipment,
the first ballot box shall be opened |
at the central counting
station by the 2 precinct transport |
judges. Upon opening a
ballot box, the team shall first |
count the number of ballots in
the box. If 2 or more are |
folded together to appear to
have been cast by the same |
person, all of the ballots folded
together shall be marked |
and returned with the other ballots in
the same condition, |
as near as may be, in which they were found
when first |
opened, but shall not be counted. If the remaining
ballots |
are found to exceed the number of persons voting in the
|
precinct as shown by the slip signed by the judges of |
election,
the ballots shall be replaced in the box, and the |
box closed and
well shaken and again opened and one of the |
precinct transport
judges shall publicly draw out so many |
ballots unopened as are
equal to the excess.
|
The excess ballots shall be marked "Excess-Not |
Counted" and
signed by the 2 precinct transport judges and |
shall be placed
in the "After 7:00 p.m. Defective Ballots |
Envelope". The number
of excess ballots shall be noted in |
the remarks section of the
Certificate of Results. "Excess" |
ballots shall not be counted in
the total of "defective" |
ballots.
|
|
The precinct transport judges shall then examine the
|
remaining ballots for write-in votes and shall count and |
tabulate
the write-in vote.
|
(2) A single ballot box, for the deposit of all votes |
cast,
shall be used. All ballots which are not to be |
tabulated on the
electronic voting system shall be counted, |
tallied, and returned
as elsewhere provided in this Code |
for the
counting and handling of paper ballots.
|
All ballots to be processed and tabulated with the |
electronic
Precinct Tabulation Optical Scan Technology |
voting system shall
be processed as follows:
|
Immediately after the closing of the polls, the |
precinct judges of
election shall open the ballot box and |
canvass the votes
polled to determine that the number of |
ballots agree with
the number of voters voting as shown by |
the applications for
ballot, or if the same do not agree |
the judges of election shall
make such ballots agree with |
the applications for ballot in the
manner provided by |
Section 17-18 of this Code.
|
In case of an overvote for any office, the judges of
|
election, consisting in each case of at least one judge of
|
election of each of the 2 major political parties, shall |
make a
true duplicate ballot of all votes on the ballot |
except for
the office which is overvoted, by using the |
ballot of the
precinct and one of the marking devices, or |
equivalent ballot, of the
precinct to
transfer all votes of |
|
the voter except for the office overvoted,
to an official |
ballot of that kind used in the precinct at
that election. |
The original ballot upon which there is an
overvote shall |
be clearly labeled "Overvoted Ballot", and each
shall bear |
the same serial number which shall be placed thereon
by the |
judges of election, beginning with number 1 and
continuing |
consecutively for the ballots of that kind in that
|
precinct. The judges of election shall initial the |
"Duplicate
Overvoted Ballot" ballots and shall place them |
in the box for
return of the ballots. The "Overvoted |
Ballot" ballots shall be
placed in the "Duplicate Ballots" |
envelope. The ballots except
any defective or overvoted |
ballot shall be placed separately in
the box for return of |
the ballots. The judges
of election shall examine the |
ballots to determine if any is
damaged or defective so that |
it cannot be counted by the
automatic tabulating equipment. |
If any ballot is
damaged or defective so that it cannot |
properly be counted by the
automatic tabulating equipment, |
the judges of election,
consisting in each case of at least |
one judge of election of each
of the 2 major political |
parties, shall make a true duplicate
ballot of all votes on |
such ballot by using the ballot of
the precinct and one of |
the marking devices, or equivalent ballot, of the
precinct. |
The
original ballot and ballot envelope shall be clearly
|
labeled "Damaged Ballot" and the ballot so
produced |
"Duplicate Damaged Ballot", and each shall bear the same
|
|
number which shall be placed thereon by the judges of |
election,
commencing with number 1 and continuing |
consecutively for the
ballots of that kind in the precinct. |
The judges of election
shall initial the "Duplicate Damaged |
Ballot" ballot and shall place them in
the box for return |
of the ballots.
The "Damaged Ballot" ballots
shall be |
placed in the "Duplicated Ballots" envelope. A slip
|
indicating the number of voters voting in person and the |
total number
of voters of the precinct who voted at the |
election shall be made
out, signed by all judges of |
election, and inserted in the box
for return of the |
ballots. The tally sheets recording the write-in votes |
shall
be placed in this box. The judges of election |
immediately shall
securely lock the ballot box or other |
suitable box furnished for return of the
ballots by the |
election official in charge of the election; provided that |
if
the box is not of a type which may be securely locked, |
the box shall be
sealed with filament tape provided for the |
purpose which shall
be wrapped around the box lengthwise |
and crosswise, at least
twice each way. A separate adhesive |
seal label signed by each of
the judges of election of the |
precinct shall be affixed to the
box to cover any slot |
therein and to identify the box of
the precinct; and if the |
box is sealed with filament tape as
provided rather than |
locked, such tape shall be wrapped
around the box as |
provided, but in such manner that the
separate adhesive |
|
seal label affixed to the box and signed by the
judges may |
not be removed without breaking the filament tape and
|
disturbing the signature of the judges. Two of the
judges |
of election, of different major political parties,
shall by |
the most direct route transport the box for
return of the |
ballots and enclosed ballots and returns to the
central |
counting location designated by the election official in
|
charge of the election. If, however, because of the lack of
|
adequate parking facilities at the central counting |
location or
for any other reason, it is impossible or |
impracticable for the
boxes from all the polling places to |
be delivered directly to the
central counting location, the |
election official in charge of the
election may designate |
some other location to which the boxes
shall be delivered |
by the 2 precinct judges. While at the other
location the |
boxes shall be in the care and custody of one or
more |
teams, each consisting of 4 persons, 2 from each of the 2
|
major political parties, designated for such purpose by the
|
election official in charge of elections from |
recommendations by
the appropriate political party |
organizations. As soon as
possible, the boxes shall be |
transported from the other location
to the central counting |
location by one or more teams, each
consisting of 4 |
persons, 2 from each of the 2 major political
parties, |
designated for the purpose by the election official in
|
charge of elections from recommendations by the |
|
appropriate
political party organizations.
|
The "Defective Ballots" envelope, and "Duplicated |
Ballots"
envelope each shall be securely sealed and the |
flap or end
of each envelope signed by the precinct judges |
of election and
returned to the central counting location |
with the box for return
of the ballots, enclosed ballots |
and returns.
|
At the central counting location, a team of tally |
judges
designated by the election official in charge of the |
election
shall check the box returned containing the |
ballots to determine
that all seals are intact, and shall |
open the box,
check the voters' slip and compare the number |
of ballots so
delivered against the total number of voters |
of the precinct who
voted, remove the ballots and deliver |
them to the
technicians operating the automatic tabulating |
equipment. Any
discrepancies between the number of ballots |
and total number of
voters shall be noted on a sheet |
furnished for that purpose and
signed by the tally judges.
|
(3) A single ballot box, for the deposit of all votes |
cast,
shall be used. Immediately after the closing of the |
polls, the
precinct judges of election shall securely lock |
the ballot box;
provided that if such box is not of a type |
which may be securely
locked, the box shall be sealed with |
filament tape provided for
the purpose which shall be |
wrapped around the box lengthwise and
crosswise, at least |
twice each way. A separate adhesive seal
label signed by |
|
each of the judges of election of the precinct
shall be |
affixed to the box to cover any slot therein and
to |
identify the box of the precinct; and if the box is sealed
|
with filament tape as provided rather than locked, such
|
tape shall be wrapped around the box as provided, but in
a |
manner that the separate adhesive seal label affixed to the
|
box and signed by the judges may not be removed without |
breaking
the filament tape and disturbing the signature of |
the judges.
Two of the judges of election, of different |
major
political parties, shall by the most direct route
|
transport the box for return of the ballots and enclosed |
vote by mail and early
ballots and returns to the central |
counting location designated
by the election official in |
charge of the election. If however,
because of the lack of |
adequate parking facilities at the central
counting |
location or for some other reason, it is impossible or
|
impracticable for the boxes from all the polling places to |
be
delivered directly to the central counting location, the |
election
official in charge of the election may designate |
some other
location to which the boxes shall be delivered |
by the 2 precinct
judges. While at the other location the |
boxes shall be in the
care and custody of one or more |
teams, each consisting of 4
persons, 2 from each of the 2 |
major political parties,
designated for the purpose by the |
election official in charge of
elections from |
recommendations by the appropriate political party
|
|
organizations. As soon as possible, the boxes shall be
|
transported from the other location to the central counting
|
location by one or more teams, each consisting of 4 |
persons, 2
from each of the 2 major political parties, |
designated for the
purpose by the election official in |
charge of the election from
recommendations by the |
appropriate political party organizations.
|
At the central counting location there shall be one or |
more
teams of tally judges who possess the same |
qualifications as
tally judges in election jurisdictions |
using paper ballots. The
number of the teams shall be |
determined by the election
authority. Each team shall |
consist of 5 tally judges, 3 selected
and approved by the |
county board from a certified list furnished
by the chair |
chairman of the county central committee of the party with
|
the majority of members on the county board and 2 selected |
and
approved by the county board from a certified list |
furnished by
the chair chairman of the county central |
committee of the party with
the second largest number of |
members on the county board. At the
central counting |
location a team of tally judges shall open the
ballot box |
and canvass the votes polled to determine that the
number |
of ballot sheets therein agree with the number of voters
|
voting as shown by the applications for ballot and, if the |
same do not agree, the tally judges shall
make such ballots |
agree with the number of applications for
ballot in the |
|
manner provided by Section 17-18 of this
Code. The tally |
judges shall then examine all ballot sheets
that are in the |
ballot box to determine whether they bear the
initials of |
the precinct judge of election. If any ballot is not
|
initialed, it shall be marked on the back "Defective", |
initialed
as to that label by all tally judges immediately |
under the word
"Defective", and not counted, but placed in |
the envelope provided
for that purpose labeled "Defective |
Ballots Envelope". An
overvote for one office shall |
invalidate only the vote or count
for that particular |
office.
|
At the central counting location, a team of tally |
judges
designated by the election official in charge of the |
election
shall deliver the ballot sheets to the technicians |
operating the
automatic Precinct Tabulation Optical Scan |
Technology tabulating
equipment. Any discrepancies between |
the number of ballots and
total number of voters shall be |
noted on a sheet furnished for
that purpose and signed by |
the tally judges.
|
(b) Regardless of which procedure described in subsection
|
(a) of this Section is used, the judges of election designated |
to
transport the ballots properly signed and sealed,
shall |
ensure that the ballots are delivered to the
central counting |
station no later than 12 hours after the polls
close. At the |
central counting station, a team of tally judges
designated by |
the election official in charge of the election
shall examine |
|
the ballots so transported and shall not accept
ballots for |
tabulating which are not signed and sealed as
provided in |
subsection (a) of this Section until the judges
transporting |
the ballots make and sign the necessary corrections.
Upon |
acceptance of the ballots by a team of tally judges at the
|
central counting station, the election judges transporting the
|
ballots shall take a receipt signed by the election official in
|
charge of the election and stamped with the date and time of
|
acceptance. The election judges whose duty it is to transport
|
any ballots shall, in the event the ballots cannot be found |
when
needed, on proper request, produce the receipt which they |
are to
take as above provided.
|
(Source: P.A. 98-1171, eff. 6-1-15 .)
|
(10 ILCS 5/24B-11)
|
Sec. 24B-11.
Proceedings at Location for Central
Counting; |
Employees; Approval of List. All proceedings at the location |
for
central counting shall be under the direction of the county |
clerk
or board of election commissioners. Except
for any |
specially trained technicians required for the operation
of the |
automatic Precinct Tabulation Optical Scan Technology
|
tabulating equipment, the employees at the counting station |
shall
be equally divided between members of the 2 leading |
political
parties and all duties performed by the employees |
shall be by
teams consisting of an equal number of members of |
each political
party. Thirty days before an election the county |
|
clerk or board
of election commissioners shall submit to the |
chair chairman of each
political party, for his or her approval |
or disapproval, a list of
persons of his or her party proposed |
to be employed. If a chair chairman
fails to notify the |
election authority of his or her disapproval of any
proposed |
employee within a period of 10 days thereafter the list
shall |
be deemed approved.
|
(Source: P.A. 89-394, eff. 1-1-97.)
|
(10 ILCS 5/24B-15)
|
Sec. 24B-15. Official Return of Precinct; Check of Totals; |
Retabulation. The precinct return printed by the automatic
|
Precinct Tabulation Optical Scan Technology tabulating |
equipment
shall include the number of ballots cast
and votes |
cast for each candidate and proposition and shall
constitute |
the official return of each precinct. In addition to the |
precinct
return, the election
authority shall provide the |
number of applications for ballots in
each precinct, the |
write-in votes, the total number of ballots
counted in each |
precinct for each political subdivision and
district and the |
number of registered voters in each precinct.
However, the |
election authority shall check the totals shown by
the precinct |
return and, if there is an obvious discrepancy regarding
the |
total number of votes cast in any precinct, shall
have the |
ballots for that precinct retabulated to correct the
return.
|
The procedures for retabulation shall apply prior to and after |
|
the
proclamation is completed; however, after the proclamation |
of results, the
election authority must obtain a court order to |
unseal voted ballots except for
election contests and discovery |
recounts.
In those election jurisdictions that use in-precinct
|
counting equipment, the certificate of results, which has been
|
prepared by the judges of election after the
ballots have been |
tabulated, shall be the document used for the
canvass of votes |
for such precinct. Whenever a discrepancy
exists during the |
canvass of votes between the unofficial results
and the |
certificate of results, or whenever a discrepancy exists
during |
the canvass of votes between the certificate of results
and the |
set of totals which has been affixed to the certificate
of |
results, the ballots for that precinct shall be retabulated to
|
correct the return. As an additional part of this check prior |
to
the proclamation, in those jurisdictions where in-precinct
|
counting equipment is used, the election authority shall
|
retabulate the total number of votes cast in 5% of the |
precincts
within the election jurisdiction, as well as 5% of |
the voting devices used in early voting. The precincts and the |
voting devices to be
retabulated shall be selected after |
election day on a random
basis by the State Board of Elections, |
so that every precinct in the
election jurisdiction and every |
voting device used in early voting has an equal mathematical |
chance of being
selected. The State Board of Elections shall |
design a standard
and scientific random method of selecting the |
precincts and voting devices which are
to be retabulated. The |
|
State central committee chair chairman of each established |
political party
shall be given prior written notice
of the time |
and place of the random selection procedure and may
be |
represented at the procedure. The retabulation shall
consist of |
counting the ballots which were originally counted and
shall |
not involve any determination of which ballots were, in
fact, |
properly counted. The ballots from the precincts selected
for |
the retabulation shall remain at all times under the custody
|
and control of the election authority and shall be transported
|
and retabulated by the designated staff of the election
|
authority.
|
As part of the retabulation, the election authority shall
|
test the computer program in the selected precincts and on the |
selected early voting devices. The test
shall be conducted by |
processing a preaudited group of ballots
marked to record a |
predetermined number of valid votes for
each candidate and on |
each public question, and shall include for
each office one or |
more ballots which have votes in excess of the
number allowed |
by law to test the ability of the
equipment and the marking |
device to reject such votes. If any error is
detected, the
|
cause shall be determined and corrected, and an
errorless count |
shall be made prior to the official canvass and
proclamation of |
election results.
|
The State Board of Elections, the State's Attorney and |
other
appropriate law enforcement agencies, the county chair |
chairman of each
established political party and qualified |
|
civic organizations
shall be given prior written notice of the |
time and place of the
retabulation and may be represented at |
the retabulation.
|
The results of this retabulation shall be treated in the
|
same manner and have the same effect as the results of the
|
discovery procedures set forth in Section 22-9.1 of this Code.
|
Upon completion of the retabulation, the election authority |
shall
print a comparison of the results of the retabulation |
with the
original precinct return printed by the automatic |
tabulating
equipment. The comparison shall be done for each |
precinct and for each early voting device selected for testing |
and
for each office voted upon within that precinct or on that |
voting device, and the
comparisons shall be open to the public. |
Upon completion of the
retabulation, the returns shall be open |
to the public.
|
(Source: P.A. 97-81, eff. 7-5-11.)
|
(10 ILCS 5/24C-13)
|
Sec. 24C-13. Vote by Mail ballots; Early voting ballots; |
Proceedings at Location for
Central Counting; Employees; |
Approval of List. |
(a) All jurisdictions using Direct Recording Electronic
|
Voting Systems shall use paper ballots or paper ballot sheets
|
approved for use under Articles 16, 24A or 24B of this Code |
when
conducting vote by mail voting. All vote by mail
ballots |
shall be counted at the central ballot counting location of the |
|
election
authority. The provisions of Section 24A-9, 24B-9 and |
24C-9 of
this Code shall apply to the testing and notice |
requirements for
central count tabulation equipment, including |
comparing the
signature on the ballot envelope with the |
signature of the voter
on the permanent voter registration |
record card taken from the
master file. Vote results shall be |
recorded by precinct and shall
be added to the vote results for |
the precinct in which the vote by mail
voter was eligible to |
vote prior to completion of the
official canvass.
|
(b) All proceedings at the location for central counting
|
shall be under the direction of the county clerk or board of
|
election commissioners. Except for any specially trained
|
technicians required for the operation of the Direct Recording
|
Electronic Voting System, the employees at the counting station
|
shall be equally divided between members of the 2 leading
|
political parties and all duties performed by the employees
|
shall be by teams consisting of an equal number of members of
|
each political party. Thirty days before an election the county
|
clerk or board of election commissioners shall submit to the |
chair
chairman of each political party, for his or her approval |
or
disapproval, a list of persons of his or her party proposed |
to
be employed. If a chair chairman fails to notify the |
election
authority of his or her disapproval of any proposed |
employee
within a period of 10 days thereafter the list shall |
be deemed
approved.
|
(Source: P.A. 98-1171, eff. 6-1-15 .)
|
|
(10 ILCS 5/24C-15)
|
Sec. 24C-15. Official Return of Precinct; Check of Totals;
|
Audit. The precinct return printed by the Direct Recording
|
Electronic Voting System tabulating equipment shall include |
the
number of ballots cast and votes cast for each candidate |
and
public question and shall constitute the official return of |
each
precinct. In addition to the precinct return, the election
|
authority shall provide the number of applications for ballots
|
in each precinct, the total number of ballots and vote by mail
|
ballots counted in each precinct for each political subdivision
|
and district and the number of registered voters in each
|
precinct. However, the election authority shall check the
|
totals shown by the precinct return and, if there is an obvious
|
discrepancy regarding the total number of votes cast in any
|
precinct, shall have the ballots for that precinct audited to
|
correct the return. The procedures for this audit shall apply
|
prior to and after the proclamation is completed; however, |
after
the proclamation of results, the election authority must |
obtain
a court order to unseal voted ballots or voting devices |
except
for election contests and discovery recounts. The |
certificate
of results, which has been prepared and signed by |
the judges of
election after the ballots have been
tabulated, |
shall be the document used for the canvass of votes
for such |
precinct. Whenever a discrepancy exists during the
canvass of |
votes between the unofficial results and the
certificate of |
|
results, or whenever a discrepancy exists during
the canvass of |
votes between the certificate of results and the
set of totals |
reflected on the certificate of results, the
ballots for that |
precinct shall be audited to correct the
return.
|
Prior to the proclamation, the election authority shall
|
test the voting devices and equipment in 5% of the precincts
|
within the election jurisdiction, as well as 5% of the voting |
devices used in early voting. The precincts and the voting |
devices to be tested
shall be selected after election day on a |
random basis by the
State Board of Elections, so that every |
precinct and every device used in early voting in the election
|
jurisdiction has an equal mathematical chance of being |
selected.
The State Board of Elections shall design a standard |
and
scientific random method of selecting the precincts and |
voting devices that are to
be tested. The State central |
committee chair
chairman of each established political party |
shall be given prior written notice of the time
and place of |
the random selection procedure and may be
represented at the |
procedure.
|
The test shall be conducted by counting the votes marked on
|
the permanent paper record of each ballot cast in the tested
|
precinct printed by the voting system at the time that each
|
ballot was cast and comparing the results of this count with |
the
results shown by the certificate of results prepared by the
|
Direct Recording Electronic Voting System in the test precinct.
|
The election authority shall test count these votes either by
|
|
hand or by using an automatic tabulating device other than a
|
Direct Recording Electronic voting device that has been |
approved
by the State Board of Elections for that purpose and |
tested
before use to ensure accuracy. The election authority |
shall
print the results of each test count. If any error is |
detected,
the cause shall be determined and corrected, and an |
errorless
count shall be made prior to the official canvass and
|
proclamation of election results. If an errorless count cannot
|
be conducted and there continues to be difference in vote
|
results between the certificate of results produced by the
|
Direct Recording Electronic Voting System and the count of the
|
permanent paper records or if an error was detected and
|
corrected, the election authority shall immediately prepare |
and
forward to the appropriate canvassing board a written |
report
explaining the results of the test and any errors |
encountered
and the report shall be made available for public |
inspection.
|
The State Board of Elections, the State's Attorney and
|
other appropriate law enforcement agencies, the county chair |
chairman
of each established political party and qualified |
civic
organizations shall be given prior written notice of the |
time
and place of the test and may be represented at the test.
|
The results of this post-election test shall be treated in
|
the same manner and have the same effect as the results of the
|
discovery procedures set forth in Section 22-9.1 of this Code.
|
(Source: P.A. 97-81, eff. 7-5-11; 98-1171, eff. 6-1-15 .)
|
|
(10 ILCS 5/25-6) (from Ch. 46, par. 25-6)
|
Sec. 25-6.
(a) When a vacancy occurs in the office of State |
Senator or
Representative in the General Assembly, the vacancy |
shall be filled within
30 days by appointment of the |
legislative or representative committee of
that legislative or |
representative district of the political
party of which the |
incumbent was a candidate at the time of his
election. The |
appointee shall be a member of the same political party as
the |
person he succeeds was at the time of his election, and shall |
be
otherwise eligible to serve as a member of the General |
Assembly.
|
(b) When a vacancy occurs in the office of a legislator |
elected
other than as a candidate of a political party, the |
vacancy shall be
filled within 30 days of such occurrence by |
appointment of the Governor.
The appointee shall not be a |
member of a political party, and shall be
otherwise eligible to |
serve as a member of the General Assembly.
Provided, however, |
the appropriate body of the General Assembly may, by
|
resolution, allow a legislator elected other than as a |
candidate of a
political party to affiliate with a political |
party for his term of
office in the General Assembly. A vacancy |
occurring in the office of any
such legislator who affiliates |
with a political party pursuant to
resolution shall be filled |
within 30 days of such occurrence by
appointment of the |
appropriate legislative or representative
committee of that |
|
legislative or representative district of the political
party |
with which the legislator so affiliates. The appointee shall be |
a
member of the political party with which the incumbent |
affiliated.
|
(c) For purposes of this Section, a person is a member of a
|
political party for 23 months after (i) signing a candidate |
petition, as
to the political party whose nomination is sought; |
(ii) signing a
statement of candidacy, as to the political |
party where nomination or
election is sought; (iii) signing a |
Petition of Political Party
Formation, as to the proposed |
political party; (iv) applying for and
receiving a primary |
ballot, as to the political party whose ballot is
received; or |
(v) becoming a candidate for election to or accepting
|
appointment to the office of ward, township, precinct or state |
central committeeperson
committeeman .
|
(d) In making appointments under this Section, each |
committeeperson committeeman of
the appropriate legislative or |
representative committee
shall be entitled to one vote for each |
vote that was received, in that
portion of the legislative or |
representative district which he represents
on the committee, |
by the Senator or Representative whose seat is vacant at the
|
general election at which that legislator was elected to the |
seat which
has been vacated and a majority of the total number |
of votes received in
such election by the Senator or |
Representative whose seat is vacant is
required for the |
appointment of his successor; provided,
however, that in making |
|
appointments in legislative or representative
districts |
comprising only one county or part of a county
other than a |
county containing 2,000,000 or more inhabitants, each |
committeeperson
committeeman shall be entitled to cast only one |
vote.
|
(e) Appointments made under this Section shall be in |
writing
and shall be signed by members of the legislative or |
representative committee
whose total votes are sufficient to |
make the appointments or by the
Governor, as the case may be. |
Such appointments shall be filed with the
Secretary of State |
and with the Clerk of the House of Representatives or
the |
Secretary of the Senate, whichever is appropriate.
|
(f) An appointment made under this Section shall be for the
|
remainder of the term, except that, if the appointment is to |
fill a
vacancy in the office of State Senator and the vacancy |
occurs with more
than 28 months remaining in the term, the term |
of the
appointment shall expire at the time of
the next general |
election at which time a
Senator shall be elected for a new |
term commencing on the determination
of the results of the |
election and ending on the second Wednesday of
January in the |
second odd-numbered year next occurring. Whenever a
Senator has |
been appointed to fill a vacancy and
was thereafter elected to |
that office, the term of service under the
authority of the |
election shall
be considered a new term of service, separate |
from the term of service
rendered under the authority of the |
appointment.
|
|
(Source: P.A. 97-81, eff. 7-5-11.)
|
(10 ILCS 5/25-11) (from Ch. 46, par. 25-11)
|
Sec. 25-11.
When a vacancy occurs in any elective county |
office, or in a
county of less than 3,000,000 population in the |
office of clerk of the circuit
court, in a county which is not |
a home rule unit, the county board or board
of county |
commissioners shall declare that such vacancy exists and
|
notification thereof
shall be given to the county central |
committee or the appropriate county board
or board of county |
commissioners district committee of each established
political |
party within 3 days of the
occurrence of the vacancy. The |
vacancy shall be filled
within 60 days by appointment of the |
chair chairman of the county board
or board of county |
commissioners with the advice and consent of the county
board |
or board of county commissioners.
In counties in which forest |
preserve district commissioners are
elected by districts and |
are not also members of the county board, however,
vacancies in |
the office of forest preserve district commissioner shall be
|
filled within 60 days by appointment of the president of the |
forest preserve
district board of commissioners with the advice |
and consent of the forest
preserve district board of |
commissioners. In counties in which the forest
preserve |
district president is not also a member of the county board, |
vacancies
in
the office of forest preserve district president |
shall be filled within 60 days
by the forest preserve district |
|
board of commissioners by appointing one of the
commissioners |
to serve as president.
The appointee
shall be a member of the |
same political party as the person he
succeeds was at the time |
of his election and shall be otherwise
eligible to serve.
The |
appointee shall serve the remainder of the unexpired term. |
However, if
more than 28 months remain in the term, the |
appointment shall be until the
next general election at which |
time the vacated office shall be
filled by election for the |
remainder of the term. In the
case of a vacancy in a seat on a |
county board or board of county
commissioners which
has been |
divided into districts under Section 2-3003 or 2-4006.5 of
the |
Counties Code, the appointee must also be a resident of the
|
county board or county commission district.
If a county |
commissioner ceases to reside in the district that he or
she |
represents, a vacancy in that office exists.
|
Except as otherwise provided by county ordinance or by law, |
in
any county which is a home rule unit, vacancies in elective
|
county offices, other than the office of chief executive |
officer,
and vacancies in the office of clerk of the circuit |
court in a county of
less than 3,000,000 population, shall be |
filled
by the county board or board of county commissioners.
|
(Source: P.A. 92-189, eff. 8-1-01; 92-583, eff. 6-26-02.)
|
(10 ILCS 5/28-13) (from Ch. 46, par. 28-13)
|
Sec. 28-13.
Each political party and civic organization as |
well as the
registered proponents and opponents of a proposed
|
|
statewide advisory public question shall be entitled to one |
watcher in
the office of the election authority to observe the |
conduct of the sample
signature verification. However, in those |
election jurisdictions where
a 10% sample is required, the |
proponents and opponents may appoint no more than
5 assistant |
watchers in addition to the 1 principal watcher permitted |
herein.
|
Within 7 days following the last day for filing of the |
original petition,
the proponents and opponents shall certify |
in writing to the Board that they
publicly support or oppose |
the proposed statewide
advisory public question. The |
proponents and opponents of such questions shall
register the |
name and address of its group and the name and address of its |
chair
chairman and designated agent for acceptance of service |
of notices with
the Board. Thereupon, the Board shall prepare a |
list of the registered
proponents and opponents and shall adopt |
a standard proponents' and opponents' watcher
credential form. |
A copy of such list and sufficient copies of such credentials
|
shall be transmitted with the list for the sample signature |
verification
to the appropriate election authorities. Those |
election authorities shall
issue credentials to the |
permissible number of watchers for each proponent and opponent
|
group; provided, however, that a prospective watcher shall |
first present
to the election authority a letter of |
authorization signed by the chair chairman
of the proponent or |
opponent group he or she represents.
|
|
Political party and qualified civic organization watcher |
credentials shall
be substantially in the form and shall be |
authorized in the manner prescribed
in Section 7-34 of this |
Code.
|
The rights and limitations of pollwatchers as prescribed by |
Section 7-34
of this Code, insofar as they may be made |
applicable, shall be applicable
to watchers at the conduct of |
the sample signature verification.
|
The principal watcher for the proponents and opponents may |
make signed written
objections to the Board relating to |
procedures observed during the conduct
of the sample signature |
verification which could materially affect the results
of the |
sample. Such written objections shall be presented to the |
election
authority and a copy mailed to the Board and shall be |
attached to the certificate
of sample results transmitted by |
the election authority to the Board.
|
(Source: P.A. 97-81, eff. 7-5-11.)
|
(10 ILCS 5/29B-10) (from Ch. 46, par. 29B-10; formerly Ch. |
46, par. 1103)
|
Sec. 29B-10. Code of Fair Campaign Practices. At the time a
|
political committee, as defined in Article 9, files its
|
statements of organization, the State Board of Elections, in |
the case of a
state political committee or a political |
committee acting as both a state
political committee and a |
local political committee, or the county clerk,
in the case of |
|
a local political committee, shall give the political
committee |
a blank form of the Code of Fair Campaign Practices and a copy |
of
the provisions of this Article. The State Board of Elections |
or county clerk
shall inform each political committee that |
subscription to the Code is
voluntary. The text of the Code |
shall read as follows:
|
CODE OF FAIR CAMPAIGN PRACTICES
|
There are basic principles of decency, honesty, and fair |
play that every
candidate for public office in the State of |
Illinois has a moral obligation
to observe and uphold, in order |
that, after vigorously contested but fairly
conducted |
campaigns, our citizens may exercise their constitutional |
right
to a free and untrammeled choice and the will of the |
people may be fully
and clearly expressed on the issues.
|
THEREFORE:
|
(1) I will conduct my campaign openly and publicly, and |
limit attacks on
my opponent to legitimate challenges to his |
record.
|
(2) I will not use or permit the use of character |
defamation, whispering
campaigns, libel, slander, or |
scurrilous attacks on any candidate or his
personal or family |
life.
|
(3) I will not use or permit any appeal to negative |
prejudice based on
race, sex, sexual orientation, religion or |
national origin.
|
(4) I will not use campaign material of any sort that |
|
misrepresents,
distorts, or otherwise falsifies the facts, nor |
will I use
malicious or unfounded accusations that aim at |
creating or exploiting
doubts, without justification, as to the |
personal integrity or patriotism
of my opposition.
|
(5) I will not undertake or condone any dishonest or |
unethical practice
that tends to corrupt or undermine our |
American system of free elections
or that hampers or prevents |
the full and free expression of the will of
the voters.
|
(6) I will defend and uphold the right of every qualified |
American voter
to full and equal participation in the electoral |
process.
|
(7) I will immediately and publicly repudiate methods and |
tactics that
may come from others that I have pledged not to |
use or condone. I shall
take firm action against any |
subordinate who violates any provision of this
Code or the laws |
governing elections.
|
I, the undersigned, candidate for election to public office |
in the State
of Illinois or chair chairman of a political |
committee in support of or
opposition to a question of public |
policy, hereby voluntarily endorse,
subscribe to, and solemnly |
pledge myself to conduct my campaign
in accordance with the |
above principles and practices.
|
______________ _______________________________
|
Date Signature
|
(Source: P.A. 86-873; 87-1052.)
|
|
(10 ILCS 5/29B-20) (from Ch. 46, par. 29B-20; formerly Ch. |
46, par. 1105)
|
Sec. 29B-20.
Acceptance of completed forms; retentions for |
public
inspection. The State Board of Elections and the county |
clerks shall accept,
at all times prior to an election, all |
completed copies of the Code of Fair
Campaign Practices that |
are properly subscribed to by a candidate or the chair
chairman |
of a political committee in support of or opposition to a |
question of
public policy, and shall retain them for public |
inspection until 30 days after
the election.
|
(Source: P.A. 86-873; 87-1052.)
|
(10 ILCS 5/29B-25) (from Ch. 46, par. 29B-25; formerly Ch. |
46, par. 1106)
|
Sec. 29B-25. Subscribed forms as public records. Every copy |
of the Code of
Fair Campaign Practices subscribed to by a |
candidate or the chair chairman of a
political committee in |
support of or opposition to a question of public policy
under |
this Article is a public record open for public inspection.
|
(Source: P.A. 86-873; 87-1052.)
|
(10 ILCS 5/29B-30) (from Ch. 46, par. 29B-30; formerly Ch. |
46, par. 1107)
|
Sec. 29B-30. Subscription to Code voluntary. The |
subscription by a candidate
or the chair chairman of a |
political committee in support of or opposition to a
question |