Bill Text: IL HB1010 | 2017-2018 | 100th General Assembly | Chaptered


Bill Title: Amends the Election Code. Makes a technical change in a Section concerning the short title.

Spectrum: Partisan Bill (Democrat 10-0)

Status: (Passed) 2018-08-22 - Public Act . . . . . . . . . 100-1027 [HB1010 Detail]

Download: Illinois-2017-HB1010-Chaptered.html



Public Act 100-1027
HB1010 EnrolledLRB100 01813 MLM 11818 b
AN ACT concerning elections.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
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:
(10 ILCS 5/1A-6) (from Ch. 46, par. 1A-6)
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
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.
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.
(Source: P.A. 80-1178.)
(10 ILCS 5/1A-6.1) (from Ch. 46, par. 1A-6.1)
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
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
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.
(Source: P.A. 83-1177.)
(10 ILCS 5/1A-7) (from Ch. 46, par. 1A-7)
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.
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.
(Source: P.A. 80-1178.)
(10 ILCS 5/2A-1.2) (from Ch. 46, par. 2A-1.2)
Sec. 2A-1.2. Consolidated Schedule of Elections - Offices
Designated.
(a) At the general election in the appropriate
even-numbered years, the following offices shall be filled or
shall be on the ballot as otherwise required by this Code:
(1) Elector of President and Vice President of the
United States;
(2) United States Senator and United States
Representative;
(3) State Executive Branch elected officers;
(4) State Senator and State Representative;
(5) County elected officers, including State's
Attorney, County Board member, County Commissioners, and
elected President of the County Board or County Chief
Executive;
(6) Circuit Court Clerk;
(7) Regional Superintendent of Schools, except in
counties or educational service regions in which that
office has been abolished;
(8) Judges of the Supreme, Appellate and Circuit
Courts, on the question of retention, to fill vacancies and
newly created judicial offices;
(9) (Blank);
(10) Trustee of the Metropolitan Sanitary District of
Chicago, and elected Trustee of other Sanitary Districts;
(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.
(b) At the general primary election:
(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.
(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
shall also be on the ballot.
(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
nominate candidates for municipal office to be elected at
the general primary election shall be held on the Tuesday 6
weeks preceding that election.
(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.
(c) At the consolidated election in the appropriate
odd-numbered years, the following offices shall be filled:
(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
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;
(2) Village and incorporated town library directors;
(3) City boards of stadium commissioners;
(4) Commissioners of park districts;
(5) Trustees of public library districts;
(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;
(7) Township officers, including township park
commissioners, township library directors, and boards of
managers of community buildings, and Multi-Township
Assessors;
(8) Highway commissioners and road district clerks;
(9) Members of school boards in school districts which
adopt Article 33 of the School Code;
(10) The directors and chair chairman of the Chain O
Lakes - Fox River Waterway Management Agency;
(11) Forest preserve district commissioners elected
under Section 3.5 of the Downstate Forest Preserve District
Act;
(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
districts that adopt Article 33 of the School Code;
(13) Members of Community College district boards;
(14) Trustees of Fire Protection Districts;
(15) Commissioners of the Springfield Metropolitan
Exposition and Auditorium Authority;
(16) Elected Trustees of Tuberculosis Sanitarium
Districts;
(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.
(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
except those offices listed in paragraphs (12) through (17) of
subsection (c).
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.
At the consolidated primary election in the appropriate
odd-numbered years, municipal officers shall be nominated or
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.
(e) (Blank).
(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.
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.
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
members at the next regularly scheduled election following the
effective date of the new district.
(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.
(h) There may be conducted a referendum in accordance with
the provisions of Division 6-4 of the Counties Code.
(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.)
(10 ILCS 5/4-6.2) (from Ch. 46, par. 4-6.2)
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.
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
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
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 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
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 bonafide 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 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 registrars 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 5/4-11) (from Ch. 46, par. 4-11)
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
registration record cards not marked or erased, in alphabetical
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
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.
Prior to the opening of the polls for other elections, the
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
times such list, currently corrected, shall be kept available
for public inspection in the office of the county clerk.
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. 90-358, eff. 1-1-98.)
(10 ILCS 5/4-12) (from Ch. 46, par. 4-12)
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
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:
"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
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 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).
NameOfficeAddress
John JonesGovernorBelvidere, Ill.
Jane James Lieutenant Governor Peoria, Ill.
Thomas SmithAttorney GeneralOakland, 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
NameAddressOfficeDistrictParty
John Jones102 Main St.GovernorStatewideRepublican
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)
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.
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
than 85 days prior to the date of the general primary
election.
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
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
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
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.
(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.
(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
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
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
authority.
(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.
(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.
(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
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 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
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
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
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.
(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.
Such notice shall be given in the manner prescribed by
paragraph (7) of Section 9-16 of this Code.
(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
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.
(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
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
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
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
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
political party is not incompatible with any other office.
(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
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
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.
(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
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
election to said office. This subsection (b) shall not
apply if such primary election is conducted on a regularly
scheduled election day.
(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
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
Section is filed in a timely manner.
(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
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, election authority or local
election official then only the first set of petitions
filed shall be valid and all subsequent petitions shall be
void.
(12) All nominating petitions shall be available for
public inspection and shall be preserved for a period of
not less than 6 months.
(Source: P.A. 99-221, eff. 7-31-15.)
(10 ILCS 5/7-13) (from Ch. 46, par. 7-13)
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
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 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
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
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.
The county electoral board composed as provided in Section
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
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
ballot, the name of any candidate whose name has been ordered
by the electoral board not to be printed on the ballot.
However, the decision of the board is subject to judicial
review as provided in Section 10-10.1.
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.
(Source: P.A. 96-1008, eff. 7-6-10.)
(10 ILCS 5/7-14.1) (from Ch. 46, par. 7-14.1)
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
delegates to be elected from each congressional district or
from the State at large or State convention of a political
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.
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
elected from each congressional district in the State at large
or State convention, as the case may be.
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.
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
determination at the same time it certifies the alternative it
wishes to use in allocating its delegates.
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:
(a) For each district, the number of remaining
delegates shall be multiplied by a fraction, the numerator
of which is the vote cast in the congressional district for
the party's nominee in the last Presidential election, and
the denominator of which is the vote cast in the State for
the party's nominee in the last Presidential election.
(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).
(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
those districts for which that product is less than 1.875.
(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.
(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.
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
allocated in the same manner as the delegates other than the
delegates at large.
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.
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:
(1) Formula 1 shall be determined by multiplying paragraphs
(a), (b), and (c) together as follows:
(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
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
for that candidate in that election;
(b) 1/2;
(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.
(2) Formula 2 shall be determined by multiplying paragraphs
(a), (b), and (c) together as follows:
(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;
(b) 1/2;
(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.
(3) Formula 3 shall be determined by multiplying paragraphs
(a), (b), and (c) together as follows:
(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
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 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;
(b) 1/2;
(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.
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.
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.
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.
(Source: P.A. 96-1000, eff. 7-2-10.)
(10 ILCS 5/7-17) (from Ch. 46, par. 7-17)
Sec. 7-17. Candidate ballot name procedures.
(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
provided.
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.
(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
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 ofNo. of
Candidate,Title of Office,Votes
John JonesGovernor100
Jane James Lieutenant Governor 100
Sam SmithGovernor70
Samantha Smythe Lieutenant Governor 70
Frank MartinAttorney General150
William PrestonRep. in Congress200
Frederick JohnCircuit Judge50
*Fill in either (1), (2) or (3).
And so on for each candidate.
We hereby certify the above and foregoing to be true and
correct.
Dated (insert date).
...................................
Name
Address
...................................
Name
Address
...................................
Name
Address
...................................
Name
Address
...................................
Name
Address
Judges of Primary
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. 96-1018, eff. 1-1-11.)
(10 ILCS 5/7-55) (from Ch. 46, par. 7-55)
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)
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.)
(10 ILCS 5/9-1.8) (from Ch. 46, par. 9-1.8)
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
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.
(Source: P.A. 97-766, eff. 7-6-12; 98-115, eff. 7-29-13.)
(10 ILCS 5/9-2) (from Ch. 46, par. 9-2)
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.)
(10 ILCS 5/9-8.10)
Sec. 9-8.10. Use of political committee and other reporting
organization funds.
(a) A political committee shall not make expenditures:
(1) In violation of any law of the United States or of
this State.
(2) Clearly in excess of the fair market value of the
services, materials, facilities, or other things of value
received in exchange.
(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.
(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.
(5) For clothing or personal laundry expenses, except
clothing items rented by the public official or candidate
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.
(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.
(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
for a specific campaign-related event.
(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
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
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.
(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.
(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
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.
(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
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.)
(10 ILCS 5/9-11) (from Ch. 46, par. 9-11)
Sec. 9-11. Financial reports.
(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.
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
of public policy is voluntary.
A candidate, or the chair chairman of a political
committee, who has filed a copy of the Code of Fair Campaign
Practices may so indicate on any campaign literature or
advertising in a form to be determined by the State Board of
Elections.
(Source: P.A. 86-873; 87-1052.)
Section 99. Effective date. This Act takes effect January
1, 2019.
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