Bill Text: IL HB2418 | 2013-2014 | 98th General Assembly | Chaptered


Bill Title: Amends the Election Code. Provides that certificates of nomination and nomination papers for the nomination of school board candidates shall be filed during the 7-day period beginning on the first Tuesday of December immediately preceding the consolidated election. Amends the School Code. In a Section concerning school board members, provides that, if a vacancy occurs within 90 days before the first date for filing petitions for the next regularly scheduled consolidated election (now, with less than 868 days remaining in the term or less than 88 days before the next regularly scheduled election for the office), then the person so appointed shall serve the remainder of the unexpired term and no election to fill the vacancy shall be held.

Spectrum: Partisan Bill (Democrat 8-0)

Status: (Passed) 2013-07-29 - Public Act . . . . . . . . . 98-0115 [HB2418 Detail]

Download: Illinois-2013-HB2418-Chaptered.html



Public Act 098-0115
HB2418 EnrolledLRB098 07643 HLH 37715 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-16, 1A-25, 4-8, 4-10, 4-12, 4-15, 4-33, 4-50, 5-7,
5-9, 5-15, 5-21, 5-43, 5-50, 6-29, 6-35, 6-40, 6-57, 6-79,
6-100, 6A-1, 6A-2, 6A-3, 6A-4, 8-9, 9-1.8, 9-8.5, 9-9.5,
10-6.2, 10-7, 10-9, 10-10, 17-23, 18A-15, 19-2, 19-2.1, 19-3,
19-4, 19-7, 19A-15, 19A-70, 22-6, 24A-16, and 28-8 and by
adding Sections 1-12, 1A-16.5, 6-19.5, 24A-6.2, 24B-6.2, and
24C-6.2 as follows:
(10 ILCS 5/1-12 new)
Sec. 1-12. Public university voting. Each appropriate
election authority shall, in addition to the early voting
conducted at locations otherwise required by law, conduct early
voting in a high traffic location on the campus of a public
university within the election authority's jurisdiction. For
the purposes of this Section, "public university" means the
University of Illinois at its campuses in Urbana-Champaign and
Springfield, Southern Illinois University at its campuses in
Carbondale and Edwardsville, Eastern Illinois University,
Illinois State University, Northern Illinois University, and
Western Illinois University at its campuses in Macomb and
Moline. The voting required by this Section to be conducted on
campus must be conducted as otherwise required by Article 19A
of this Code. If an election authority has voting equipment
that can accommodate a ballot in every form required in the
election authority's jurisdiction, then the election authority
shall extend early voting under this Section to any registered
voter in the election authority's jurisdiction. However, if the
election authority does not have voting equipment that can
accommodate a ballot in every form required in the election
authority's jurisdiction, then the election authority may
limit early voting under this Section to registered voters in
precincts where the public university is located and precincts
bordering the university. Each public university shall make the
space available in a high traffic area for, and cooperate and
coordinate with the appropriate election authority in, the
implementation of this Section.
(10 ILCS 5/1A-16)
Sec. 1A-16. Voter registration information; internet
posting; processing of voter registration forms; content of
such forms. Notwithstanding any law to the contrary, the
following provisions shall apply to voter registration under
this Code.
(a) Voter registration information; Internet posting of
voter registration form. Within 90 days after the effective
date of this amendatory Act of the 93rd General Assembly, the
State Board of Elections shall post on its World Wide Web site
the following information:
(1) A comprehensive list of the names, addresses, phone
numbers, and websites, if applicable, of all county clerks
and boards of election commissioners in Illinois.
(2) A schedule of upcoming elections and the deadline
for voter registration.
(3) A downloadable, printable voter registration form,
in at least English and in Spanish versions, that a person
may complete and mail or submit to the State Board of
Elections or the appropriate county clerk or board of
election commissioners.
Any forms described under paragraph (3) must state the
following:
If you do not have a driver's license or social
security number, and this form is submitted by mail, and
you have never registered to vote in the jurisdiction you
are now registering in, then you must send, with this
application, either (i) a copy of a current and valid photo
identification, or (ii) a copy of a current utility bill,
bank statement, government check, paycheck, or other
government document that shows the name and address of the
voter. If you do not provide the information required
above, then you will be required to provide election
officials with either (i) or (ii) described above the first
time you vote at a voting place or by absentee ballot.
(b) Acceptance of registration forms by the State Board of
Elections and county clerks and board of election
commissioners. The State Board of Elections, county clerks, and
board of election commissioners shall accept all completed
voter registration forms described in subsection (a)(3) of this
Section and Sections 1A-17 and 1A-30 that are:
(1) postmarked on or before the day that voter
registration is closed under the Election Code;
(2) not postmarked, but arrives no later than 5 days
after the close of registration;
(3) submitted in person by a person using the form on
or before the day that voter registration is closed under
the Election Code; or
(4) submitted in person by a person who submits one or
more forms on behalf of one or more persons who used the
form on or before the day that voter registration is closed
under the Election Code.
Upon the receipt of a registration form, the State Board of
Elections shall mark the date on which the form was received
and send the form via first class mail to the appropriate
county clerk or board of election commissioners, as the case
may be, within 2 business days based upon the home address of
the person submitting the registration form. The county clerk
and board of election commissioners shall accept and process
any form received from the State Board of Elections.
(c) Processing of registration forms by county clerks and
boards of election commissioners. The county clerk or board of
election commissioners shall promulgate procedures for
processing the voter registration form.
(d) Contents of the voter registration form. The State
Board shall create a voter registration form, which must
contain the following content:
(1) Instructions for completing the form.
(2) A summary of the qualifications to register to vote
in Illinois.
(3) Instructions for mailing in or submitting the form
in person.
(4) The phone number for the State Board of Elections
should a person submitting the form have questions.
(5) A box for the person to check that explains one of
3 reasons for submitting the form:
(a) new registration;
(b) change of address; or
(c) change of name.
(6) a box for the person to check yes or no that asks,
"Are you a citizen of the United States?", a box for the
person to check yes or no that asks, "Will you be 18 years
of age on or before election day?", and a statement of "If
you checked 'no' in response to either of these questions,
then do not complete this form.".
(7) A space for the person to fill in his or her home
telephone number.
(8) Spaces for the person to fill in his or her first,
middle, and last names, street address (principal place of
residence), county, city, state, and zip code.
(9) Spaces for the person to fill in his or her mailing
address, city, state, and zip code if different from his or
her principal place of residence.
(10) A space for the person to fill in his or her
Illinois driver's license number if the person has a
driver's license.
(11) A space for a person without a driver's license to
fill in the last four digits of his or her social security
number if the person has a social security number.
(12) A space for a person without an Illinois driver's
license to fill in his or her identification number from
his or her State Identification card issued by the
Secretary of State.
(13) A space for the person to fill the name appearing
on his or her last voter registration, the street address
of his or her last registration, including the city,
county, state, and zip code.
(14) A space where the person swears or affirms the
following under penalty of perjury with his or her
signature:
(a) "I am a citizen of the United States.";
(b) "I will be at least 18 years old on or before
the next election.";
(c) "I will have lived in the State of Illinois and
in my election precinct at least 30 days as of the date
of the next election."; and
"The information I have provided is true to the
best of my knowledge under penalty of perjury. If I
have provided false information, then I may be fined,
imprisoned, or if I am not a U.S. citizen, deported
from or refused entry into the United States."
(15) A space for the person to fill in his or her
e-mail address if he or she chooses to provide that
information.
(d-5) Compliance with federal law; rulemaking authority.
The voter registration form described in this Section shall be
consistent with the form prescribed by the Federal Election
Commission under the National Voter Registration Act of 1993,
P.L. 103-31, as amended from time to time, and the Help America
Vote Act of 2002, P.L. 107-252, in all relevant respects. The
State Board of Elections shall periodically update the form
based on changes to federal or State law. The State Board of
Elections shall promulgate any rules necessary for the
implementation of this Section; provided that the rules comport
with the letter and spirit of the National Voter Registration
Act of 1993 and Help America Vote Act of 2002 and maximize the
opportunity for a person to register to vote.
(e) Forms available in paper form. The State Board of
Elections shall make the voter registration form available in
regular paper stock and form in sufficient quantities for the
general public. The State Board of Elections may provide the
voter registration form to the Secretary of State, county
clerks, boards of election commissioners, designated agencies
of the State of Illinois, and any other person or entity
designated to have these forms by the Election Code in regular
paper stock and form or some other format deemed suitable by
the Board. Each county clerk or board of election commissioners
has the authority to design and print its own voter
registration form so long as the form complies with the
requirements of this Section. The State Board of Elections,
county clerks, boards of election commissioners, or other
designated agencies of the State of Illinois required to have
these forms under the Election Code shall provide a member of
the public with any reasonable number of forms that he or she
may request. Nothing in this Section shall permit the State
Board of Elections, county clerk, board of election
commissioners, or other appropriate election official who may
accept a voter registration form to refuse to accept a voter
registration form because the form is printed on photocopier or
regular paper stock and form.
(f) (Blank). Internet voter registration study. The State
Board of Elections shall investigate the feasibility of
offering voter registration on its website and consider voter
registration methods of other states in an effort to maximize
the opportunity for all Illinois citizens to register to vote.
The State Board of Elections shall assemble its findings in a
report and submit it to the General Assembly no later than
January 1, 2006. The report shall contain legislative
recommendations to the General Assembly on improving voter
registration in Illinois.
(Source: P.A. 94-492, eff. 1-1-06; 94-645, eff. 8-22-05;
95-331, eff. 8-21-07.)
(10 ILCS 5/1A-16.5 new)
Sec. 1A-16.5. Online voter registration.
(a) The State Board of Elections shall establish and
maintain a system for online voter registration that permits a
person to apply to register to vote or to update his or her
existing voter registration. In accordance with technical
specifications provided by the State Board of Elections, each
election authority shall maintain a voter registration system
capable of receiving and processing voter registration
application information, including electronic signatures, from
the online voter registration system established by the State
Board of Elections.
(b) The online voter registration system shall employ
security measures to ensure the accuracy and integrity of voter
registration applications submitted electronically pursuant to
this Section.
(c) The Board may receive voter registration information
provided by applicants using the State Board of Elections'
website, may cross reference that information with data or
information contained in the Secretary of State's database in
order to match the information submitted by applicants, and may
receive from the Secretary of State the applicant's digitized
signature upon a successful match of that applicant's
information with that contained in the Secretary of State's
database.
(d) Notwithstanding any other provision of law, a person
who is qualified to register to vote and who has an authentic
Illinois driver's license or State identification card issued
by the Secretary of State may submit an application to register
to vote electronically on a website maintained by the State
Board of Elections.
(e) An online voter registration application shall contain
all of the information that is required for a paper application
as provided in Section 1A-16 of this Code, except that the
applicant shall be required to provide:
(1) the applicant's full Illinois driver's license or
State identification card number;
(2) the last 4 digits of the applicant's social
security number; and
(3) the date the Illinois driver's license or State
identification card was issued.
(f) For an applicant's registration or change in
registration to be accepted, the applicant shall mark the box
associated with the following statement included as part of the
online voter registration application:
By clicking on the box below, I swear or affirm all of the
following:
(1) I am the person whose name and identifying information
is provided on this form, and I desire to register to vote in
the State of Illinois.
(2) All the information I have provided on this form is
true and correct as of the date I am submitting this form.
(3) I authorize the Secretary of State to transmit to the
State Board of Elections my signature that is on file with the
Secretary of State and understand that such signature will be
used by my local election authority on this online voter
registration application for admission as an elector as if I
had signed this form personally.".
(g) Immediately upon receiving a completed online voter
registration application, the online voter registration system
shall send, by electronic mail, a confirmation notice that the
application has been received. Within 48 hours of receiving
such an application, the online voter registration system shall
send by electronic mail, a notice informing the applicant of
whether the following information has been matched with the
Secretary of State database:
(1) that the applicant has an authentic Illinois
driver's license or State identification card issued by the
Secretary of State and that the driver's license or State
identification number provided by the applicant matches
the driver's license or State identification card number
for that person on file with the Secretary of State;
(2) that the date of issuance of the Illinois driver's
license or State identification card listed on the
application matches the date of issuance of that card for
that person on file with the Secretary of State;
(3) that the date of birth provided by the applicant
matches the date of birth for that person on file with the
Secretary of State; and
(4) that the last 4 digits of the applicant's social
security number matches the last four digits for that
person on file with the Secretary of State.
(h) If the information provided by the applicant matches
the information on the Secretary of State's databases for any
driver's license and State identification card holder and is
matched as provided in subsection (g) above, the online voter
registration system shall:
(1) retrieve from the Secretary of State's database
files an electronic copy of the applicant's signature from
his or her Illinois driver's license or State
identification card and such signature shall be deemed to
be the applicant's signature on his or her online voter
registration application;
(2) within 2 days of receiving the application, forward
to the county clerk or board of election commissioners
having jurisdiction over the applicant's voter
registration: (i) the application, along with the
applicant's relevant data that can be directly loaded into
the jurisdiction's voter registration system and (ii) a
copy of the applicant's electronic signature and a
certification from the State Board of Elections that the
applicant's driver's license or State identification card
number, driver's license or State identification card date
of issuance, and date of birth and social security
information have been successfully matched.
(i) Upon receipt of the online voter registration
application, the county clerk or board of election
commissioners having jurisdiction over the applicant's voter
registration shall promptly search its voter registration
database to determine whether the applicant is already
registered to vote at the address on the application and
whether the new registration would create a duplicate
registration. If the applicant is already registered to vote at
the address on the application, the clerk or board, as the case
may be, shall send the applicant by first class mail, and
electronic mail if the applicant has provided an electronic
mail address on the original voter registration form for that
address, a disposition notice as otherwise required by law
informing the applicant that he or she is already registered to
vote at such address. If the applicant is not already
registered to vote at the address on the application and the
applicant is otherwise eligible to register to vote, the clerk
or board, as the case may be, shall:
(1) enter the name and address of the applicant on the
list of registered voters in the jurisdiction; and
(2) send by mail, and electronic mail if the applicant
has provided an electronic mail address on the voter
registration form, a disposition notice to the applicant as
otherwise provided by law setting forth the applicant's
name and address as it appears on the application and
stating that the person is registered to vote.
(j) An electronic signature of the person submitting a
duplicate registration application or a change of address form
that is retrieved and imported from the Secretary of State's
driver's license or State identification card database as
provided herein may, in the discretion of the clerk or board,
be substituted for and replace any existing signature for that
individual in the voter registration database of the county
clerk or board of election commissioners.
(k) Any new registration or change of address submitted
electronically as provided in this Section shall become
effective as of the date it is received by the county clerk or
board of election commissioners having jurisdiction over said
registration. Disposition notices prescribed in this Section
shall be sent within 5 business days of receipt of the online
application or change of address by the county clerk or board
of election commissioners.
(l) All provisions of this Code governing voter
registration and applicable thereto and not inconsistent with
this Section shall apply to online voter registration under
this Section. All applications submitted on a website
maintained by the State Board of Elections shall be deemed
timely filed if they are submitted no later than 11:59 p.m. on
the final day for voter registration prior to an election.
After the registration period for an upcoming election has
ended and until the 2nd day following such election, the web
page containing the online voter registration form on the State
Board of Elections website shall inform users of the procedure
for grace period voting.
(m) The State Board of Elections shall maintain a list of
the name, street address, e-mail address, and likely precinct,
ward, township, and district numbers, as the case may be, of
people who apply to vote online through the voter registration
system and those names and that information shall be stored in
an electronic format on its website, arranged by county and
accessible to State and local political committees.
(n) The Illinois State Board of Elections shall submit a
report to the General Assembly and the Governor by January 31,
2014 detailing the progress made to implement the online voter
registration system described in this Section.
(o) The online voter registration system provided for in
this Section shall be fully operational by July 1, 2014.
(10 ILCS 5/1A-25)
Sec. 1A-25. Centralized statewide voter registration list.
The centralized statewide voter registration list required by
Title III, Subtitle A, Section 303 of the Help America Vote Act
of 2002 shall be created and maintained by the State Board of
Elections as provided in this Section.
(1) The centralized statewide voter registration list
shall be compiled from the voter registration data bases of
each election authority in this State.
(2) With the exception of voter registration forms
submitted electronically through an online voter
registration system, all All new voter registration forms
and applications to register to vote, including those
reviewed by the Secretary of State at a driver services
facility, shall be transmitted only to the appropriate
election authority as required by Articles 4, 5, and 6 of
this Code and not to the State Board of Elections. All
voter registration forms submitted electronically to the
State Board of Elections through an online voter
registration system shall be transmitted to the
appropriate election authority as required by Section
1A-16.5. The election authority shall process and verify
each voter registration form and electronically enter
verified registrations on an expedited basis onto the
statewide voter registration list. All original
registration cards shall remain permanently in the office
of the election authority as required by this Code.
(3) The centralized statewide voter registration list
shall:
(i) Be designed to allow election authorities to
utilize the registration data on the statewide voter
registration list pertinent to voters registered in
their election jurisdiction on locally maintained
software programs that are unique to each
jurisdiction.
(ii) Allow each election authority to perform
essential election management functions, including but
not limited to production of voter lists, processing of
absentee voters, production of individual, pre-printed
applications to vote, administration of election
judges, and polling place administration, but shall
not prevent any election authority from using
information from that election authority's own
systems.
(4) The registration information maintained by each
election authority shall be synchronized with that
authority's information on the statewide list at least once
every 24 hours.
To protect the privacy and confidentiality of voter
registration information, the disclosure of any portion of the
centralized statewide voter registration list to any person or
entity other than to a State or local political committee and
other than to a governmental entity for a governmental purpose
is specifically prohibited except as follows: subject to
security measures adopted by the State Board of Elections
which, at a minimum, shall include the keeping of a catalog or
database, available for public view, including the name,
address, and telephone number of the person viewing the list as
well as the time of that viewing, any person may view the list
on a computer screen at the Springfield office of the State
Board of Elections, during normal business hours other than
during the 27 days before an election, but the person viewing
the list under this exception may not print, duplicate,
transmit, or alter the list.
(Source: P.A. 94-136, eff. 7-7-05; 94-645, eff. 8-22-05;
95-331, eff. 8-21-07.)
(10 ILCS 5/4-8) (from Ch. 46, par. 4-8)
Sec. 4-8. The county clerk shall provide a sufficient
number of blank forms for the registration of electors, which
shall be known as registration record cards and which shall
consist of loose leaf sheets or cards, of suitable size to
contain in plain writing and figures the data hereinafter
required thereon or shall consist of computer cards of suitable
nature to contain the data required thereon. The registration
record cards, which shall include an affidavit of registration
as hereinafter provided, shall be executed in duplicate.
The registration record card shall contain the following
and such other information as the county clerk may think it
proper to require for the identification of the applicant for
registration:
Name. The name of the applicant, giving surname and first
or Christian name in full, and the middle name or the initial
for such middle name, if any.
Sex.
Residence. The name and number of the street, avenue, or
other location of the dwelling, including the apartment, unit
or room number, if any, and in the case of a mobile home the lot
number, and such additional clear and definite description as
may be necessary to determine the exact location of the
dwelling of the applicant. Where the location cannot be
determined by street and number, then the section,
congressional township and range number may be used, or such
other description as may be necessary, including post-office
mailing address. In the case of a homeless individual, the
individual's voting residence that is his or her mailing
address shall be included on his or her registration record
card.
Term of residence in the State of Illinois and precinct.
This information shall be furnished by the applicant stating
the place or places where he resided and the dates during which
he resided in such place or places during the year next
preceding the date of the next ensuing election.
Nativity. The state or country in which the applicant was
born.
Citizenship. Whether the applicant is native born or
naturalized. If naturalized, the court, place, and date of
naturalization.
Date of application for registration, i.e., the day, month
and year when applicant presented himself for registration.
Age. Date of birth, by month, day and year.
Physical disability of the applicant, if any, at the time
of registration, which would require assistance in voting.
The county and state in which the applicant was last
registered.
Electronic mail address, if any.
Signature of voter. The applicant, after the registration
and in the presence of a deputy registrar or other officer of
registration shall be required to sign his or her name in ink
to the affidavit on both the original and duplicate
registration record cards.
Signature of deputy registrar or officer of registration.
In case applicant is unable to sign his name, he may affix
his mark to the affidavit. In such case the officer empowered
to give the registration oath shall write a detailed
description of the applicant in the space provided on the back
or at the bottom of the card or sheet; and shall ask the
following questions and record the answers thereto:
Father's first name.
Mother's first name.
From what address did the applicant last register?
Reason for inability to sign name.
Each applicant for registration shall make an affidavit in
substantially the following form:
AFFIDAVIT OF REGISTRATION
STATE OF ILLINOIS
COUNTY OF .......
I hereby swear (or affirm) that I am a citizen of the
United States; that on the date of the next election I shall
have resided in the State of Illinois and in the election
precinct in which I reside 30 days and that I intend that this
location shall be my residence; that I am fully qualified to
vote, and that the above statements are true.
..............................
(His or her signature or mark)
Subscribed and sworn to before me on (insert date).
..................................
Signature of registration officer.
(To be signed in presence of registrant.)
Space shall be provided upon the face of each registration
record card for the notation of the voting record of the person
registered thereon.
Each registration record card shall be numbered according
to precincts, and may be serially or otherwise marked for
identification in such manner as the county clerk may
determine.
The registration cards shall be deemed public records and
shall be open to inspection during regular business hours,
except during the 27 days immediately preceding any election.
On written request of any candidate or objector or any person
intending to object to a petition, the election authority shall
extend its hours for inspection of registration cards and other
records of the election authority during the period beginning
with the filing of petitions under Sections 7-10, 8-8, 10-6 or
28-3 and continuing through the termination of electoral board
hearings on any objections to petitions containing signatures
of registered voters in the jurisdiction of the election
authority. The extension shall be for a period of hours
sufficient to allow adequate opportunity for examination of the
records but the election authority is not required to extend
its hours beyond the period beginning at its normal opening for
business and ending at midnight. If the business hours are so
extended, the election authority shall post a public notice of
such extended hours. Registration record cards may also be
inspected, upon approval of the officer in charge of the cards,
during the 27 days immediately preceding any election.
Registration record cards shall also be open to inspection by
certified judges and poll watchers and challengers at the
polling place on election day, but only to the extent necessary
to determine the question of the right of a person to vote or
to serve as a judge of election. At no time shall poll watchers
or challengers be allowed to physically handle the registration
record cards.
Updated copies of computer tapes or computer discs or other
electronic data processing information containing voter
registration information shall be furnished by the county clerk
within 10 days after December 15 and May 15 each year and
within 10 days after each registration period is closed to the
State Board of Elections in a form prescribed by the Board. For
the purposes of this Section, a registration period is closed
27 days before the date of any regular or special election.
Registration information shall include, but not be limited to,
the following information: name, sex, residence, telephone
number, if any, age, party affiliation, if applicable,
precinct, ward, township, county, and representative,
legislative and congressional districts. In the event of
noncompliance, the State Board of Elections is directed to
obtain compliance forthwith with this nondiscretionary duty of
the election authority by instituting legal proceedings in the
circuit court of the county in which the election authority
maintains the registration information. The costs of
furnishing updated copies of tapes or discs shall be paid at a
rate of $.00034 per name of registered voters in the election
jurisdiction, but not less than $50 per tape or disc and shall
be paid from appropriations made to the State Board of
Elections for reimbursement to the election authority for such
purpose. The State Board shall furnish copies of such tapes,
discs, other electronic data or compilations thereof to state
political committees registered pursuant to the Illinois
Campaign Finance Act or the Federal Election Campaign Act and
to governmental entities, at their request and at a reasonable
cost. To protect the privacy and confidentiality of voter
registration information, the disclosure of electronic voter
registration records to any person or entity other than to a
State or local political committee and other than to a
governmental entity for a governmental purpose is specifically
prohibited except as follows: subject to security measures
adopted by the State Board of Elections which, at a minimum,
shall include the keeping of a catalog or database, available
for public view, including the name, address, and telephone
number of the person viewing the list as well as the time of
that viewing, any person may view the centralized statewide
voter registration list on a computer screen at the Springfield
office of the State Board of Elections, during normal business
hours other than during the 27 days before an election, but the
person viewing the list under this exception may not print,
duplicate, transmit, or alter the list. Copies of the tapes,
discs, or other electronic data shall be furnished by the
county clerk to local political committees and governmental
entities at their request and at a reasonable cost. Reasonable
cost of the tapes, discs, et cetera for this purpose would be
the cost of duplication plus 15% for administration. The
individual representing a political committee requesting
copies of such tapes shall make a sworn affidavit that the
information shall be used only for bona fide political
purposes, including by or for candidates for office or
incumbent office holders. Such tapes, discs or other electronic
data shall not be used under any circumstances by any political
committee or individuals for purposes of commercial
solicitation or other business purposes. If such tapes contain
information on county residents related to the operations of
county government in addition to registration information,
that information shall not be used under any circumstances for
commercial solicitation or other business purposes. The
prohibition in this Section against using the computer tapes or
computer discs or other electronic data processing information
containing voter registration information for purposes of
commercial solicitation or other business purposes shall be
prospective only from the effective date of this amended Act of
1979. Any person who violates this provision shall be guilty of
a Class 4 felony.
The State Board of Elections shall promulgate, by October
1, 1987, such regulations as may be necessary to ensure
uniformity throughout the State in electronic data processing
of voter registration information. The regulations shall
include, but need not be limited to, specifications for uniform
medium, communications protocol and file structure to be
employed by the election authorities of this State in the
electronic data processing of voter registration information.
Each election authority utilizing electronic data processing
of voter registration information shall comply with such
regulations on and after May 15, 1988.
If the applicant for registration was last registered in
another county within this State, he shall also sign a
certificate authorizing cancellation of the former
registration. The certificate shall be in substantially the
following form:
To the County Clerk of.... County, Illinois. (or)
To the Election Commission of the City of ...., Illinois.
This is to certify that I am registered in your (county)
(city) and that my residence was ............................
Having moved out of your (county) (city), I hereby authorize
you to cancel said registration in your office.
Dated at ...., Illinois, on (insert date).
.................................
(Signature of Voter)
Attest: ................, County Clerk, .............
County, Illinois.
The cancellation certificate shall be mailed immediately
by the County Clerk to the County Clerk (or election commission
as the case may be) where the applicant was formerly
registered. Receipt of such certificate shall be full authority
for cancellation of any previous registration.
(Source: P.A. 93-574, eff. 8-21-03; 93-847, eff. 7-30-04;
94-136, eff. 7-7-05.)
(10 ILCS 5/4-10) (from Ch. 46, par. 4-10)
Sec. 4-10. Except as herein provided, no person shall be
registered, unless he applies in person to a registration
officer, answers such relevant questions as may be asked of him
by the registration officer, and executes the affidavit of
registration. The registration officer shall require the
applicant to furnish two forms of identification, and except in
the case of a homeless individual, one of which must include
his or her residence address. These forms of identification
shall include, but not be limited to, any of the following:
driver's license, social security card, public aid
identification card, utility bill, employee or student
identification card, lease or contract for a residence, credit
card, or a civic, union or professional association membership
card. The registration officer shall require a homeless
individual to furnish evidence of his or her use of the mailing
address stated. This use may be demonstrated by a piece of mail
addressed to that individual and received at that address or by
a statement from a person authorizing use of the mailing
address. The registration officer shall require each applicant
for registration to read or have read to him the affidavit of
registration before permitting him to execute the affidavit.
One of the registration officers or a deputy registration
officer, county clerk, or clerk in the office of the county
clerk, shall administer to all persons who shall personally
apply to register the following oath or affirmation:
"You do solemnly swear (or affirm) that you will fully and
truly answer all such questions as shall be put to you touching
your name, place of residence, place of birth, your
qualifications as an elector and your right as such to register
and vote under the laws of the State of Illinois."
The registration officer shall satisfy himself that each
applicant for registration is qualified to register before
registering him. If the registration officer has reason to
believe that the applicant is a resident of a Soldiers' and
Sailors' Home or any facility which is licensed or certified
pursuant to the Nursing Home Care Act, the Specialized Mental
Health Rehabilitation Act, or the ID/DD Community Care Act, the
following question shall be put, "When you entered the home
which is your present address, was it your bona fide intention
to become a resident thereof?" Any voter of a township, city,
village or incorporated town in which such applicant resides,
shall be permitted to be present at the place of any precinct
registration and shall have the right to challenge any
applicant who applies to be registered.
In case the officer is not satisfied that the applicant is
qualified he shall forthwith notify such applicant in writing
to appear before the county clerk to complete his registration.
Upon the card of such applicant shall be written the word
"incomplete" and no such applicant shall be permitted to vote
unless such registration is satisfactorily completed as
hereinafter provided. No registration shall be taken and marked
as incomplete if information to complete it can be furnished on
the date of the original application.
Any person claiming to be an elector in any election
precinct and whose registration card is marked "Incomplete" may
make and sign an application in writing, under oath, to the
county clerk in substance in the following form:
"I do solemnly swear that I, ...., did on (insert date)
make application to the board of registry of the .... precinct
of the township of .... (or to the county clerk of .... county)
and that said board or clerk refused to complete my
registration as a qualified voter in said precinct. That I
reside in said precinct, that I intend to reside in said
precinct, and am a duly qualified voter of said precinct and am
entitled to be registered to vote in said precinct at the next
election.
(Signature of applicant) ............................."
All such applications shall be presented to the county
clerk or to his duly authorized representative by the
applicant, in person between the hours of 9:00 a.m. and 5:00
p.m. on any day after the days on which the 1969 and 1970
precinct re-registrations are held but not on any day within 27
days preceding the ensuing general election and thereafter for
the registration provided in Section 4-7 all such applications
shall be presented to the county clerk or his duly authorized
representative by the applicant in person between the hours of
9:00 a.m. and 5:00 p.m. on any day prior to 27 days preceding
the ensuing general election. Such application shall be heard
by the county clerk or his duly authorized representative at
the time the application is presented. If the applicant for
registration has registered with the county clerk, such
application may be presented to and heard by the county clerk
or by his duly authorized representative upon the dates
specified above or at any time prior thereto designated by the
county clerk.
Any otherwise qualified person who is absent from his
county of residence either due to business of the United States
or because he is temporarily outside the territorial limits of
the United States may become registered by mailing an
application to the county clerk within the periods of
registration provided for in this Article, or by simultaneous
application for absentee registration and absentee ballot as
provided in Article 20 of this Code.
Upon receipt of such application the county clerk shall
immediately mail an affidavit of registration in duplicate,
which affidavit shall contain the following and such other
information as the State Board of Elections may think it proper
to require for the identification of the applicant:
Name. The name of the applicant, giving surname and first
or Christian name in full, and the middle name or the initial
for such middle name, if any.
Sex.
Residence. The name and number of the street, avenue or
other location of the dwelling, and such additional clear and
definite description as may be necessary to determine the exact
location of the dwelling of the applicant. Where the location
cannot be determined by street and number, then the Section,
congressional township and range number may be used, or such
other information as may be necessary, including post office
mailing address.
Electronic mail address, if the registrant has provided
this information.
Term of residence in the State of Illinois and the
precinct.
Nativity. The State or country in which the applicant was
born.
Citizenship. Whether the applicant is native born or
naturalized. If naturalized, the court, place and date of
naturalization.
Age. Date of birth, by month, day and year.
Out of State address of ..........................
AFFIDAVIT OF REGISTRATION
State of ...........)
)ss
County of ..........)
I hereby swear (or affirm) that I am a citizen of the
United States; that on the day of the next election I shall
have resided in the State of Illinois and in the election
precinct 30 days; that I am fully qualified to vote, that I am
not registered to vote anywhere else in the United States, that
I intend to remain a resident of the State of Illinois and of
the election precinct, that I intend to return to the State of
Illinois, and that the above statements are true.
..............................
(His or her signature or mark)
Subscribed and sworn to before me, an officer qualified to
administer oaths, on (insert date).
........................................
Signature of officer administering oath.
Upon receipt of the executed duplicate affidavit of
Registration, the county clerk shall transfer the information
contained thereon to duplicate Registration Cards provided for
in Section 4-8 of this Article and shall attach thereto a copy
of each of the duplicate affidavit of registration and
thereafter such registration card and affidavit shall
constitute the registration of such person the same as if he
had applied for registration in person.
(Source: P.A. 96-317, eff. 1-1-10; 96-339, eff. 7-1-10;
96-1000, eff. 7-2-10; 97-38, eff. 6-28-11; 97-227, eff. 1-1-12;
97-813, eff. 7-13-12.)
(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 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. 91-357, eff. 7-29-99.)
(10 ILCS 5/4-15) (from Ch. 46, par. 4-15)
Sec. 4-15. Within 5 days after a person registers or
transfers his registration with at the office of the election
authority county clerk, such election authority clerk shall
send by mail, and by electronic mail if the registrant has
provided the election authority with an e-mail address, a
certificate to such person setting forth the elector's name and
address as it appears upon the registration record card, and
shall request him in case of any error to present the
certificate on or before the 7th day next ensuing at the office
of the election authority county clerk in order to secure
correction of the error. The certificate shall contain on the
outside a request for the postmaster to return it within 5 days
if it cannot be delivered to the addressee at the address given
thereon. Upon the return by the post office of a certificate
which it has been unable to deliver at the given address
because the addressee cannot be found there or because no such
address exists, a notice shall be at once sent through the
United States mail to such person at the address appearing upon
his registration record card requiring him to appear before the
election authority county clerk, within 5 days, to answer
questions touching his right to register. If the person
notified fails to appear at the election authority's county
clerk's office within 5 days as directed or if he appears and
fails to prove his right to register, the election authority
county clerk shall mark his registration card as incomplete and
he shall not be permitted to vote until his registration is
satisfactorily completed.
If an elector possesses such a certificate valid on its
face, if his name does not expressly appear to have been erased
or withdrawn from the precinct list as corrected and revised as
provided by Section 4-11 of this Article, if he makes an
affidavit and attaches such certificate thereto, and if such
affidavit substantially in the form prescribed in Section 17-10
of this Act is sworn to before a judge of election on suitable
forms provided by the election authority county clerk for that
purpose, such elector shall be permitted to vote even though
his duplicate registration card is not to be found in the
precinct binder and even though his name is not to be found
upon the printed or any other list.
(Source: Laws 1961, p. 3394.)
(10 ILCS 5/4-33)
Sec. 4-33. Computerization of voter records.
(a) The State Board of Elections shall design a
registration record card that, except as otherwise provided in
this Section, shall be used in duplicate by all election
authorities in the State adopting a computer-based voter
registration file as provided in this Section. The Board shall
prescribe the form and specifications, including but not
limited to the weight of paper, color, and print of the cards.
The cards shall contain boxes or spaces for the information
required under Sections 4-8 and 4-21; provided that the cards
shall also contain: (i) A space for a person to fill in his or
her Illinois driver's license number if the person has a
driver's license; (ii) A space for a person without a driver's
license to fill in the last four digits of his or her social
security number if the person has a social security number.
(b) The election authority may develop and implement a
system to prepare, use, and maintain a computer-based voter
registration file that includes a computer-stored image of the
signature of each voter. The computer-based voter registration
file may be used for all purposes for which the original
registration cards are to be used, provided that a system for
the storage of at least one copy of the original registration
cards remains in effect. In the case of voter registration
forms received via an online voter registration system, the
original registration cards will include the signature
received from the Secretary of State database. The electronic
file shall be the master file.
(c) Any system created, used, and maintained under
subsection (b) of this Section shall meet the following
standards:
(1) Access to any computer-based voter registration
file shall be limited to those persons authorized by the
election authority, and each access to the computer-based
voter registration file, other than an access solely for
inquiry, shall be recorded.
(2) No copy, summary, list, abstract, or index of any
computer-based voter registration file that includes any
computer-stored image of the signature of any registered
voter shall be made available to the public outside of the
offices of the election authority.
(3) Any copy, summary, list, abstract, or index of any
computer-based voter registration file that includes a
computer-stored image of the signature of a registered
voter shall be produced in such a manner that it cannot be
reproduced.
(4) Each person desiring to vote shall sign an
application for a ballot, and the signature comparison
authorized in Articles 17 and 18 of this Code may be made
to a copy of the computer-stored image of the signature of
the registered voter.
(5) Any voter list produced from a computer-based voter
registration file that includes computer-stored images of
the signatures of registered voters and is used in a
polling place during an election shall be preserved by the
election authority in secure storage until the end of the
second calendar year following the election in which it was
used.
(d) Before the first election in which the election
authority elects to use a voter list produced from the
computer-stored images of the signatures of registered voters
in a computer-based voter registration file for signature
comparison in a polling place, the State Board of Elections
shall certify that the system used by the election authority
complies with the standards set forth in this Section. The
State Board of Elections may request a sample poll list
intended to be used in a polling place to test the accuracy of
the list and the adequacy of the computer-stored images of the
signatures of the registered voters.
(e) With respect to a jurisdiction that has copied all of
its voter signatures into a computer-based registration file,
all references in this Act or any other Act to the use, other
than storage, of paper-based voter registration records shall
be deemed to refer to their computer-based equivalents.
(f) Nothing in this Section prevents an election authority
from submitting to the State Board of Elections a duplicate
copy of some, as the State Board of Elections shall determine,
or all of the data contained in each voter registration record
that is part of the electronic master file. The duplicate copy
of the registration record shall be maintained by the State
Board of Elections under the same terms and limitations
applicable to the election authority and shall be of equal
legal dignity with the original registration record maintained
by the election authority as proof of any fact contained in the
voter registration record.
(Source: P.A. 93-574, eff. 8-21-03.)
(10 ILCS 5/4-50)
Sec. 4-50. Grace period. Notwithstanding any other
provision of this Code to the contrary, each election authority
shall establish procedures for the registration of voters and
for change of address during the period from the close of
registration for a primary or election and until the 3rd day
before the primary or election. During this grace period, an
unregistered qualified elector may register to vote, and a
registered voter may submit a change of address form, in person
in the office of the election authority or at a voter
registration location specifically designated for this purpose
by the election authority. The election authority shall
register that individual, or change a registered voter's
address, in the same manner as otherwise provided by this
Article for registration and change of address.
If a voter who registers or changes address during this
grace period wishes to vote at the first election or primary
occurring after the grace period, he or she must do so by grace
period voting, either in person in the office of the election
authority or at a location specifically designated for this
purpose by the election authority, or by mail, at the
discretion of the election authority. The election authority
shall offer in-person grace period voting at the authority's
office and may offer in-person grace period voting at
additional locations specifically designated for the purpose
of grace period voting by the election authority. The election
authority may allow grace period voting by mail only if the
election authority has no ballots prepared at the authority's
office. Grace period voting shall be in a manner substantially
similar to voting under Article 19.
Within one day after a voter casts a grace period ballot,
or within one day after the ballot is received by the election
authority if the election authority allows grace period voting
by mail, the election authority shall transmit by electronic
means pursuant to a process established by the State Board of
Elections the voter's name, street address, e-mail address, and
precinct, ward, township, and district numbers, as the case may
be, to the State Board of Elections, which shall maintain those
names and that information in an electronic format on its
website, arranged by county and accessible to State and local
political committees. The name of each person issued a grace
period ballot shall also be placed on the appropriate precinct
list of persons to whom absentee and early ballots have been
issued, for use as provided in Sections 17-9 and 18-5.
A person who casts a grace period ballot shall not be
permitted to revoke that ballot and vote another ballot with
respect to that primary or election. Ballots cast by persons
who register or change address during the grace period must be
transmitted to and counted at the election authority's central
ballot counting location and shall not be transmitted to and
counted at precinct polling places. The grace period ballots
determined to be valid shall be added to the vote totals for
the precincts for which they were cast in the order in which
the ballots were opened.
(Source: P.A. 96-441, eff. 1-1-10; 97-766, eff. 7-6-12.)
(10 ILCS 5/5-7) (from Ch. 46, par. 5-7)
Sec. 5-7. The county clerk shall provide a sufficient
number of blank forms for the registration of electors which
shall be known as registration record cards and which shall
consist of loose leaf sheets or cards, of suitable size to
contain in plain writing and figures the data hereinafter
required thereon or shall consist of computer cards of suitable
nature to contain the data required thereon. The registration
record cards, which shall include an affidavit of registration
as hereinafter provided, shall be executed in duplicate.
The registration record card shall contain the following
and such other information as the county clerk may think it
proper to require for the identification of the applicant for
registration:
Name. The name of the applicant, giving surname and first
or Christian name in full, and the middle name or the initial
for such middle name, if any.
Sex.
Residence. The name and number of the street, avenue, or
other location of the dwelling, including the apartment, unit
or room number, if any, and in the case of a mobile home the lot
number, and such additional clear and definite description as
may be necessary to determine the exact location of the
dwelling of the applicant, including post-office mailing
address. In the case of a homeless individual, the individual's
voting residence that is his or her mailing address shall be
included on his or her registration record card.
Term of residence in the State of Illinois and the
precinct. Which questions may be answered by the applicant
stating, in excess of 30 days in the State and in excess of 30
days in the precinct.
Nativity. The State or country in which the applicant was
born.
Citizenship. Whether the applicant is native born or
naturalized. If naturalized, the court, place and date of
naturalization.
Date of application for registration, i.e., the day, month
and year when applicant presented himself for registration.
Age. Date of birth, by month, day and year.
Physical disability of the applicant, if any, at the time
of registration, which would require assistance in voting.
The county and state in which the applicant was last
registered.
Electronic mail address, if any.
Signature of voter. The applicant, after the registration
and in the presence of a deputy registrar or other officer of
registration shall be required to sign his or her name in ink
to the affidavit on the original and duplicate registration
record card.
Signature of Deputy Registrar.
In case applicant is unable to sign his name, he may affix
his mark to the affidavit. In such case the officer empowered
to give the registration oath shall write a detailed
description of the applicant in the space provided at the
bottom of the card or sheet; and shall ask the following
questions and record the answers thereto:
Father's first name .......................
Mother's first name .......................
From what address did you last register?
Reason for inability to sign name.
Each applicant for registration shall make an affidavit in
substantially the following form:
AFFIDAVIT OF REGISTRATION
State of Illinois)
)ss
County of )
I hereby swear (or affirm) that I am a citizen of the
United States; that on the date of the next election I shall
have resided in the State of Illinois and in the election
precinct in which I reside 30 days; that I am fully qualified
to vote. That I intend that this location shall be my residence
and that the above statements are true.
..............................
(His or her signature or mark)
Subscribed and sworn to before me on (insert date).
.........................................
Signature of Registration Officer.
(To be signed in presence of Registrant.)
Space shall be provided upon the face of each registration
record card for the notation of the voting record of the person
registered thereon.
Each registration record card shall be numbered according
to towns and precincts, wards, cities and villages, as the case
may be, and may be serially or otherwise marked for
identification in such manner as the county clerk may
determine.
The registration cards shall be deemed public records and
shall be open to inspection during regular business hours,
except during the 27 days immediately preceding any election.
On written request of any candidate or objector or any person
intending to object to a petition, the election authority shall
extend its hours for inspection of registration cards and other
records of the election authority during the period beginning
with the filing of petitions under Sections 7-10, 8-8, 10-6 or
28-3 and continuing through the termination of electoral board
hearings on any objections to petitions containing signatures
of registered voters in the jurisdiction of the election
authority. The extension shall be for a period of hours
sufficient to allow adequate opportunity for examination of the
records but the election authority is not required to extend
its hours beyond the period beginning at its normal opening for
business and ending at midnight. If the business hours are so
extended, the election authority shall post a public notice of
such extended hours. Registration record cards may also be
inspected, upon approval of the officer in charge of the cards,
during the 27 days immediately preceding any election.
Registration record cards shall also be open to inspection by
certified judges and poll watchers and challengers at the
polling place on election day, but only to the extent necessary
to determine the question of the right of a person to vote or
to serve as a judge of election. At no time shall poll watchers
or challengers be allowed to physically handle the registration
record cards.
Updated copies of computer tapes or computer discs or other
electronic data processing information containing voter
registration information shall be furnished by the county clerk
within 10 days after December 15 and May 15 each year and
within 10 days after each registration period is closed to the
State Board of Elections in a form prescribed by the Board. For
the purposes of this Section, a registration period is closed
27 days before the date of any regular or special election.
Registration information shall include, but not be limited to,
the following information: name, sex, residence, telephone
number, if any, age, party affiliation, if applicable,
precinct, ward, township, county, and representative,
legislative and congressional districts. In the event of
noncompliance, the State Board of Elections is directed to
obtain compliance forthwith with this nondiscretionary duty of
the election authority by instituting legal proceedings in the
circuit court of the county in which the election authority
maintains the registration information. The costs of
furnishing updated copies of tapes or discs shall be paid at a
rate of $.00034 per name of registered voters in the election
jurisdiction, but not less than $50 per tape or disc and shall
be paid from appropriations made to the State Board of
Elections for reimbursement to the election authority for such
purpose. The State Board shall furnish copies of such tapes,
discs, other electronic data or compilations thereof to state
political committees registered pursuant to the Illinois
Campaign Finance Act or the Federal Election Campaign Act and
to governmental entities, at their request and at a reasonable
cost. To protect the privacy and confidentiality of voter
registration information, the disclosure of electronic voter
registration records to any person or entity other than to a
State or local political committee and other than to a
governmental entity for a governmental purpose is specifically
prohibited except as follows: subject to security measures
adopted by the State Board of Elections which, at a minimum,
shall include the keeping of a catalog or database, available
for public view, including the name, address, and telephone
number of the person viewing the list as well as the time of
that viewing, any person may view the centralized statewide
voter registration list on a computer screen at the Springfield
office of the State Board of Elections, during normal business
hours other than during the 27 days before an election, but the
person viewing the list under this exception may not print,
duplicate, transmit, or alter the list. Copies of the tapes,
discs or other electronic data shall be furnished by the county
clerk to local political committees and governmental entities
at their request and at a reasonable cost. Reasonable cost of
the tapes, discs, et cetera for this purpose would be the cost
of duplication plus 15% for administration. The individual
representing a political committee requesting copies of such
tapes shall make a sworn affidavit that the information shall
be used only for bona fide political purposes, including by or
for candidates for office or incumbent office holders. Such
tapes, discs or other electronic data shall not be used under
any circumstances by any political committee or individuals for
purposes of commercial solicitation or other business
purposes. If such tapes contain information on county residents
related to the operations of county government in addition to
registration information, that information shall not be used
under any circumstances for commercial solicitation or other
business purposes. The prohibition in this Section against
using the computer tapes or computer discs or other electronic
data processing information containing voter registration
information for purposes of commercial solicitation or other
business purposes shall be prospective only from the effective
date of this amended Act of 1979. Any person who violates this
provision shall be guilty of a Class 4 felony.
The State Board of Elections shall promulgate, by October
1, 1987, such regulations as may be necessary to ensure
uniformity throughout the State in electronic data processing
of voter registration information. The regulations shall
include, but need not be limited to, specifications for uniform
medium, communications protocol and file structure to be
employed by the election authorities of this State in the
electronic data processing of voter registration information.
Each election authority utilizing electronic data processing
of voter registration information shall comply with such
regulations on and after May 15, 1988.
If the applicant for registration was last registered in
another county within this State, he shall also sign a
certificate authorizing cancellation of the former
registration. The certificate shall be in substantially the
following form:
To the County Clerk of .... County, Illinois. To the Election
Commission of the City of ...., Illinois.
This is to certify that I am registered in your (county)
(city) and that my residence was .....
Having moved out of your (county) (city), I hereby
authorize you to cancel said registration in your office.
Dated at .... Illinois, on (insert date).
....................
(Signature of Voter)
Attest ......, County Clerk, ........ County, Illinois.
The cancellation certificate shall be mailed immediately
by the county clerk to the county clerk (or election commission
as the case may be) where the applicant was formerly
registered. Receipt of such certificate shall be full authority
for cancellation of any previous registration.
(Source: P.A. 93-574, eff. 8-21-03; 93-847, eff. 7-30-04;
94-136, eff. 7-7-05.)
(10 ILCS 5/5-9) (from Ch. 46, par. 5-9)
Sec. 5-9. Except as herein provided, no person shall be
registered unless he applies in person to registration officer,
answers such relevant questions as may be asked of him by the
registration officer, and executes the affidavit of
registration. The registration officer shall require the
applicant to furnish two forms of identification, and except in
the case of a homeless individual, one of which must include
his or her residence address. These forms of identification
shall include, but not be limited to, any of the following:
driver's license, social security card, public aid
identification card, utility bill, employee or student
identification card, lease or contract for a residence, credit
card, or a civic, union or professional association membership
card. The registration officer shall require a homeless
individual to furnish evidence of his or her use of the mailing
address stated. This use may be demonstrated by a piece of mail
addressed to that individual and received at that address or by
a statement from a person authorizing use of the mailing
address. The registration officer shall require each applicant
for registration to read or have read to him the affidavit of
registration before permitting him to execute the affidavit.
One of the Deputy Registrars, the Judge of Registration, or
an Officer of Registration, County Clerk, or clerk in the
office of the County Clerk, shall administer to all persons who
shall personally apply to register the following oath or
affirmation:
"You do solemnly swear (or affirm) that you will fully and
truly answer all such questions as shall be put to you touching
your place of residence, name, place of birth, your
qualifications as an elector and your right as such to register
and vote under the laws of the State of Illinois."
The Registration Officer shall satisfy himself that each
applicant for registration is qualified to register before
registering him. If the registration officer has reason to
believe that the applicant is a resident of a Soldiers' and
Sailors' Home or any facility which is licensed or certified
pursuant to the Nursing Home Care Act, the Specialized Mental
Health Rehabilitation Act, or the ID/DD Community Care Act, the
following question shall be put, "When you entered the home
which is your present address, was it your bona fide intention
to become a resident thereof?" Any voter of a township, city,
village or incorporated town in which such applicant resides,
shall be permitted to be present at the place of precinct
registration, and shall have the right to challenge any
applicant who applies to be registered.
In case the officer is not satisfied that the applicant is
qualified, he shall forthwith in writing notify such applicant
to appear before the County Clerk to furnish further proof of
his qualifications. Upon the card of such applicant shall be
written the word "Incomplete" and no such applicant shall be
permitted to vote unless such registration is satisfactorily
completed as hereinafter provided. No registration shall be
taken and marked as "incomplete" if information to complete it
can be furnished on the date of the original application.
Any person claiming to be an elector in any election
precinct in such township, city, village or incorporated town
and whose registration is marked "Incomplete" may make and sign
an application in writing, under oath, to the County Clerk in
substance in the following form:
"I do solemnly swear that I, .........., did on (insert
date) make application to the Board of Registry of the ........
precinct of ........ ward of the City of .... or of the
......... District ......... Town of .......... (or to the
County Clerk of .............) and ............ County; that
said Board or Clerk refused to complete my registration as a
qualified voter in said precinct, that I reside in said
precinct (or that I intend to reside in said precinct), am a
duly qualified voter and entitled to vote in said precinct at
the next election.
...........................
(Signature of Applicant)"
All such applications shall be presented to the County
Clerk by the applicant, in person between the hours of nine
o'clock a.m. and five o'clock p.m., on Monday and Tuesday of
the third week subsequent to the weeks in which the 1961 and
1962 precinct re-registrations are to be held, and thereafter
for the registration provided in Section 5-17 of this Article,
all such applications shall be presented to the County Clerk by
the applicant in person between the hours of nine o'clock a.m.
and nine o'clock p.m. on Monday and Tuesday of the third week
prior to the date on which such election is to be held.
Any otherwise qualified person who is absent from his
county of residence either due to business of the United States
or because he is temporarily outside the territorial limits of
the United States may become registered by mailing an
application to the county clerk within the periods of
registration provided for in this Article or by simultaneous
application for absentee registration and absentee ballot as
provided in Article 20 of this Code.
Upon receipt of such application the county clerk shall
immediately mail an affidavit of registration in duplicate,
which affidavit shall contain the following and such other
information as the State Board of Elections may think it proper
to require for the identification of the applicant:
Name. The name of the applicant, giving surname and first
or Christian name in full, and the middle name or the initial
for such middle name, if any.
Sex.
Residence. The name and number of the street, avenue or
other location of the dwelling, and such additional clear and
definite description as may be necessary to determine the exact
location of the dwelling of the applicant. Where the location
cannot be determined by street and number, then the Section,
congressional township and range number may be used, or such
other information as may be necessary, including post office
mailing address.
Electronic mail address, if the registrant has provided
this information.
Term of residence in the State of Illinois and the
precinct.
Nativity. The State or country in which the applicant was
born.
Citizenship. Whether the applicant is native born or
naturalized. If naturalized, the court, place and date of
naturalization.
Age. Date of birth, by month, day and year.
Out of State address of ..........................
AFFIDAVIT OF REGISTRATION
State of .........)
)ss
County of ........)
I hereby swear (or affirm) that I am a citizen of the
United States; that on the day of the next election I shall
have resided in the State of Illinois for 6 months and in the
election precinct 30 days; that I am fully qualified to vote,
that I am not registered to vote anywhere else in the United
States, that I intend to remain a resident of the State of
Illinois and of the election precinct, that I intend to return
to the State of Illinois, and that the above statements are
true.
..............................
(His or her signature or mark)
Subscribed and sworn to before me, an officer qualified to
administer oaths, on (insert date).
........................................
Signature of officer administering oath.
Upon receipt of the executed duplicate affidavit of
Registration, the county clerk shall transfer the information
contained thereon to duplicate Registration Cards provided for
in Section 5-7 of this Article and shall attach thereto a copy
of each of the duplicate affidavit of registration and
thereafter such registration card and affidavit shall
constitute the registration of such person the same as if he
had applied for registration in person.
(Source: P.A. 96-317, eff. 1-1-10; 96-339, eff. 7-1-10;
96-1000, eff. 7-2-10; 97-38, eff. 6-28-11; 97-227, eff. 1-1-12;
97-813, eff. 7-13-12.)
(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 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. 91-357, eff. 7-29-99.)
(10 ILCS 5/5-21) (from Ch. 46, par. 5-21)
Sec. 5-21. To each person who registers at the office of
the county, city, village, incorporated town or town clerk, or
any place designated by the Board of County Commissioners under
section 5-17 of article 5 and within five days thereafter, the
election authority County Clerk shall send by mail, and
electronic mail if the registrant has provided the election
authority with an e-mail address, a notice setting forth the
elector's name and address as it appears on the registration
record card, and shall request him in case of any error to
present the notice on or before the seventh day next ensuing at
the office of the election authority County Clerk in order to
secure the correction of the error. Such notice shall contain
on the outside a request for the postmaster to return it within
five days if it cannot be delivered to the addressee at the
address given thereon. Upon the return by the post office of
such notice which it has been unable to deliver at the given
address because the addressee cannot be found there, a notice
shall be at once sent through the United States mail to such
person at the address appearing upon his registration record
card requiring him to appear before the election authority
County Clerk, within five days, to answer questions touching
his right to register. If the person notified fails to appear
at the election authority's County Clerk's office within five
days as directed or if he appears and fails to prove his right
to register, the election authority County Clerk shall cancel
his registration.
(Source: P.A. 80-1469.)
(10 ILCS 5/5-43)
Sec. 5-43. Computerization of voter records.
(a) The State Board of Elections shall design a
registration record card that, except as otherwise provided in
this Section, shall be used in duplicate by all election
authorities in the State adopting a computer-based voter
registration file as provided in this Section. The Board shall
prescribe the form and specifications, including but not
limited to the weight of paper, color, and print of the cards.
The cards shall contain boxes or spaces for the information
required under Sections 5-7 and 5-28.1; provided that the cards
shall also contain: (i) A space for the person to fill in his
or her Illinois driver's license number if the person has a
driver's license; (ii) A space for a person without a driver's
license to fill in the last four digits of his or her social
security number if the person has a social security number.
(b) The election authority may develop and implement a
system to prepare, use, and maintain a computer-based voter
registration file that includes a computer-stored image of the
signature of each voter. The computer-based voter registration
file may be used for all purposes for which the original
registration cards are to be used, provided that a system for
the storage of at least one copy of the original registration
cards remains in effect. In the case of voter registration
forms received via an online voter registration system, the
original registration cards will include the signature
received from the Secretary of State database. The electronic
file shall be the master file.
(c) Any system created, used, and maintained under
subsection (b) of this Section shall meet the following
standards:
(1) Access to any computer-based voter registration
file shall be limited to those persons authorized by the
election authority, and each access to the computer-based
voter registration file, other than an access solely for
inquiry, shall be recorded.
(2) No copy, summary, list, abstract, or index of any
computer-based voter registration file that includes any
computer-stored image of the signature of any registered
voter shall be made available to the public outside of the
offices of the election authority.
(3) Any copy, summary, list, abstract, or index of any
computer-based voter registration file that includes a
computer-stored image of the signature of a registered
voter shall be produced in such a manner that it cannot be
reproduced.
(4) Each person desiring to vote shall sign an
application for a ballot, and the signature comparison
authorized in Articles 17 and 18 of this Code may be made
to a copy of the computer-stored image of the signature of
the registered voter.
(5) Any voter list produced from a computer-based voter
registration file that includes computer-stored images of
the signatures of registered voters and is used in a
polling place during an election shall be preserved by the
election authority in secure storage until the end of the
second calendar year following the election in which it was
used.
(d) Before the first election in which the election
authority elects to use a voter list produced from the
computer-stored images of the signatures of registered voters
in a computer-based voter registration file for signature
comparison in a polling place, the State Board of Elections
shall certify that the system used by the election authority
complies with the standards set forth in this Section. The
State Board of Elections may request a sample poll list
intended to be used in a polling place to test the accuracy of
the list and the adequacy of the computer-stored images of the
signatures of the registered voters.
(e) With respect to a jurisdiction that has copied all of
its voter signatures into a computer-based registration file,
all references in this Act or any other Act to the use, other
than storage, of paper-based voter registration records shall
be deemed to refer to their computer-based equivalents.
(f) Nothing in this Section prevents an election authority
from submitting to the State Board of Elections a duplicate
copy of some, as the State Board of Elections shall determine,
or all of the data contained in each voter registration record
that is part of the electronic master file. The duplicate copy
of the registration record shall be maintained by the State
Board of Elections under the same terms and limitations
applicable to the election authority and shall be of equal
legal dignity with the original registration record maintained
by the election authority as proof of any fact contained in the
voter registration record.
(Source: P.A. 93-574, eff. 8-21-03.)
(10 ILCS 5/5-50)
Sec. 5-50. Grace period. Notwithstanding any other
provision of this Code to the contrary, each election authority
shall establish procedures for the registration of voters and
for change of address during the period from the close of
registration for a primary or election and until the 3rd day
before the primary or election. During this grace period, an
unregistered qualified elector may register to vote, and a
registered voter may submit a change of address form, in person
in the office of the election authority or at a voter
registration location specifically designated for this purpose
by the election authority. The election authority shall
register that individual, or change a registered voter's
address, in the same manner as otherwise provided by this
Article for registration and change of address.
If a voter who registers or changes address during this
grace period wishes to vote at the first election or primary
occurring after the grace period, he or she must do so by grace
period voting, either in person in the office of the election
authority or at a location specifically designated for this
purpose by the election authority, or by mail, at the
discretion of the election authority. The election authority
shall offer in-person grace period voting at his or her office
and may offer in-person grace period voting at additional
locations specifically designated for the purpose of grace
period voting by the election authority. The election authority
may allow grace period voting by mail only if the election
authority has no ballots prepared at the authority's office.
Grace period voting shall be in a manner substantially similar
to voting under Article 19.
Within one day after a voter casts a grace period ballot,
or within one day after the ballot is received by the election
authority if the election authority allows grace period voting
by mail, the election authority shall transmit by electronic
means pursuant to a process established by the State Board of
Elections the voter's name, street address, e-mail address, and
precinct, ward, township, and district numbers, as the case may
be, to the State Board of Elections, which shall maintain those
names and that information in an electronic format on its
website, arranged by county and accessible to State and local
political committees. The name of each person issued a grace
period ballot shall also be placed on the appropriate precinct
list of persons to whom absentee and early ballots have been
issued, for use as provided in Sections 17-9 and 18-5.
A person who casts a grace period ballot shall not be
permitted to revoke that ballot and vote another ballot with
respect to that primary or election. Ballots cast by persons
who register or change address during the grace period must be
transmitted to and counted at the election authority's central
ballot counting location and shall not be transmitted to and
counted at precinct polling places. The grace period ballots
determined to be valid shall be added to the vote totals for
the precincts for which they were cast in the order in which
the ballots were opened.
(Source: P.A. 96-441, eff. 1-1-10; 97-766, eff. 7-6-12.)
(10 ILCS 5/6-19.5 new)
Sec. 6-19.5. Rejection of Article by superseding county
board of election commissioners. In addition to any other
method of rejection provided in this Article, when a county
board of election commissioners is established in accordance
with subsection (c) of Section 6A-1 in a county in which is
located any portion of a municipality with a municipal board of
election commissioners, the application of the provisions of
this Article to the territory of that municipality located
within that county is rejected.
(10 ILCS 5/6-29) (from Ch. 46, par. 6-29)
Sec. 6-29. For the purpose of registering voters under this
Article, the office of the Board of Election Commissioners
shall be open during ordinary business hours of each week day,
from 9 a.m. to 12 o'clock noon on the last four Saturdays
immediately preceding the end of the period of registration
preceding each election, and such other days and such other
times as the board may direct. During the 27 days immediately
preceding any election there shall be no registration of voters
at the office of the Board of Election Commissioners in cities,
villages and incorporated towns of fewer than 200,000
inhabitants. In cities, villages and incorporated towns of
200,000 or more inhabitants, there shall be no registration of
voters at the office of the Board of Election Commissioners
during the 35 days immediately preceding any election;
provided, however, where no precinct registration is being
conducted prior to any election then registration may be taken
in the office of the Board up to and including the 28th day
prior to such election. The Board of Election Commissioners may
set up and establish as many branch offices for the purpose of
taking registrations as it may deem necessary, and the branch
offices may be open on any or all dates and hours during which
registrations may be taken in the main office. All officers and
employees of the Board of Election Commissioners who are
authorized by such board to take registrations under this
Article shall be considered officers of the circuit court, and
shall be subject to the same control as is provided by Section
14-5 of this Act with respect to judges of election.
In any election called for the submission of the revision
or alteration of, or the amendments to the Constitution,
submitted by a Constitutional Convention, the final day for
registration at the office of the election authority charged
with the printing of the ballot of this election shall be the
15th day prior to the date of election.
The Board of Election Commissioners shall appoint one or
more registration teams, consisting of 2 of its employees for
each team, for the purpose of accepting the registration of any
voter who files an affidavit, within the period for taking
registrations provided for in this article, that he is
physically unable to appear at the office of the Board or at
any appointed place of registration. On the day or days when a
precinct registration is being conducted such teams shall
consist of one member from each of the 2 leading political
parties who are serving on the Precinct Registration Board.
Each team so designated shall visit each disabled person and
shall accept the registration of such person the same as if he
had applied for registration in person.
Any otherwise qualified person who is absent from his
county of residence due to business of the United States, or
who is temporarily residing outside the territorial limits of
the United States, may make application to become registered by
mail to the Board of Election Commissioners within the periods
for registration provided for in this Article or by
simultaneous application for absentee registration and
absentee ballot as provided in Article 20 of this Code.
Upon receipt of such application the Board of Election
Commissioners shall immediately mail an affidavit of
registration in duplicate, which affidavit shall contain the
following and such other information as the State Board of
Elections may think it proper to require for the identification
of the applicant:
Name. The name of the applicant, giving surname and first
or Christian name in full, and the middle name or the initial
for such middle name, if any.
Sex.
Residence. The name and number of the street, avenue or
other location of the dwelling, and such additional clear and
definite description as may be necessary to determine the exact
location of the dwelling of the applicant. Where the location
cannot be determined by street and number, then the section,
congressional township and range number may be used, or such
other information as may be necessary, including post office
mailing address.
Electronic mail address, if the registrant has provided
this information.
Term of residence in the State of Illinois and the
precinct.
Nativity. The state or country in which the applicant was
born.
Citizenship. Whether the applicant is native born or
naturalized. If naturalized, the court, place and date of
naturalization.
Age. Date of birth, by month, day and year.
Out of State address of ..................
AFFIDAVIT OF REGISTRATION
State of .........)
) ss.
County of ........)
I hereby swear (or affirm) that I am a citizen of the
United States; that on the day of the next election I shall
have resided in the State of Illinois and in the election
precinct 30 days; that I am fully qualified to vote, that I am
not registered to vote anywhere else in the United States, that
I intend to remain a resident of the State of Illinois, and of
the election precinct, that I intend to return to the State of
Illinois, and that the above statements are true.
..............................
(His or her signature or mark)
Subscribed and sworn to before me, an officer qualified to
administer oaths, on (insert date).
........................................
Signature of officer administering oath.
Upon receipt of the executed duplicate affidavit of
Registration, the Board of Election Commissioners shall
transfer the information contained thereon to duplicate
Registration Cards provided for in Section 6-35 of this Article
and shall attach thereto a copy of each of the duplicate
affidavit of registration and thereafter such registration
card and affidavit shall constitute the registration of such
person the same as if he had applied for registration in
person.
(Source: P.A. 91-357, eff. 7-29-99; 92-816, eff. 8-21-02.)
(10 ILCS 5/6-35) (from Ch. 46, par. 6-35)
Sec. 6-35. The Boards of Election Commissioners shall
provide a sufficient number of blank forms for the registration
of electors which shall be known as registration record cards
and which shall consist of loose leaf sheets or cards, of
suitable size to contain in plain writing and figures the data
hereinafter required thereon or shall consist of computer cards
of suitable nature to contain the data required thereon. The
registration record cards, which shall include an affidavit of
registration as hereinafter provided, shall be executed in
duplicate. The duplicate of which may be a carbon copy of the
original or a copy of the original made by the use of other
method or material used for making simultaneous true copies or
duplications.
The registration record card shall contain the following
and such other information as the Board of Election
Commissioners may think it proper to require for the
identification of the applicant for registration:
Name. The name of the applicant, giving surname and first
or Christian name in full, and the middle name or the initial
for such middle name, if any.
Sex.
Residence. The name and number of the street, avenue, or
other location of the dwelling, including the apartment, unit
or room number, if any, and in the case of a mobile home the lot
number, and such additional clear and definite description as
may be necessary to determine the exact location of the
dwelling of the applicant, including post-office mailing
address. In the case of a homeless individual, the individual's
voting residence that is his or her mailing address shall be
included on his or her registration record card.
Term of residence in the State of Illinois and the
precinct.
Nativity. The state or country in which the applicant was
born.
Citizenship. Whether the applicant is native born or
naturalized. If naturalized, the court, place, and date of
naturalization.
Date of application for registration, i.e., the day, month
and year when the applicant presented himself for registration.
Age. Date of birth, by month, day and year.
Physical disability of the applicant, if any, at the time
of registration, which would require assistance in voting.
The county and state in which the applicant was last
registered.
Electronic mail address, if any.
Signature of voter. The applicant, after registration and
in the presence of a deputy registrar or other officer of
registration shall be required to sign his or her name in ink
to the affidavit on both the original and the duplicate
registration record card.
Signature of deputy registrar.
In case applicant is unable to sign his name, he may affix
his mark to the affidavit. In such case the registration
officer shall write a detailed description of the applicant in
the space provided at the bottom of the card or sheet; and
shall ask the following questions and record the answers
thereto:
Father's first name .........................
Mother's first name .........................
From what address did you last register? ....
Reason for inability to sign name ...........
Each applicant for registration shall make an affidavit in
substantially the following form:
AFFIDAVIT OF REGISTRATION
State of Illinois )
)ss
County of ....... )
I hereby swear (or affirm) that I am a citizen of the
United States, that on the day of the next election I shall
have resided in the State of Illinois and in the election
precinct 30 days and that I intend that this location is my
residence; that I am fully qualified to vote, and that the
above statements are true.
..............................
(His or her signature or mark)
Subscribed and sworn to before me on (insert date).
......................................
Signature of registration officer
(to be signed in presence of registrant).
Space shall be provided upon the face of each registration
record card for the notation of the voting record of the person
registered thereon.
Each registration record card shall be numbered according
to wards or precincts, as the case may be, and may be serially
or otherwise marked for identification in such manner as the
Board of Election Commissioners may determine.
The registration cards shall be deemed public records and
shall be open to inspection during regular business hours,
except during the 27 days immediately preceding any election.
On written request of any candidate or objector or any person
intending to object to a petition, the election authority shall
extend its hours for inspection of registration cards and other
records of the election authority during the period beginning
with the filing of petitions under Sections 7-10, 8-8, 10-6 or
28-3 and continuing through the termination of electoral board
hearings on any objections to petitions containing signatures
of registered voters in the jurisdiction of the election
authority. The extension shall be for a period of hours
sufficient to allow adequate opportunity for examination of the
records but the election authority is not required to extend
its hours beyond the period beginning at its normal opening for
business and ending at midnight. If the business hours are so
extended, the election authority shall post a public notice of
such extended hours. Registration record cards may also be
inspected, upon approval of the officer in charge of the cards,
during the 27 days immediately preceding any election.
Registration record cards shall also be open to inspection by
certified judges and poll watchers and challengers at the
polling place on election day, but only to the extent necessary
to determine the question of the right of a person to vote or
to serve as a judge of election. At no time shall poll watchers
or challengers be allowed to physically handle the registration
record cards.
Updated copies of computer tapes or computer discs or other
electronic data processing information containing voter
registration information shall be furnished by the Board of
Election Commissioners within 10 days after December 15 and May
15 each year and within 10 days after each registration period
is closed to the State Board of Elections in a form prescribed
by the State Board. For the purposes of this Section, a
registration period is closed 27 days before the date of any
regular or special election. Registration information shall
include, but not be limited to, the following information:
name, sex, residence, telephone number, if any, age, party
affiliation, if applicable, precinct, ward, township, county,
and representative, legislative and congressional districts.
In the event of noncompliance, the State Board of Elections is
directed to obtain compliance forthwith with this
nondiscretionary duty of the election authority by instituting
legal proceedings in the circuit court of the county in which
the election authority maintains the registration information.
The costs of furnishing updated copies of tapes or discs shall
be paid at a rate of $.00034 per name of registered voters in
the election jurisdiction, but not less than $50 per tape or
disc and shall be paid from appropriations made to the State
Board of Elections for reimbursement to the election authority
for such purpose. The State Board shall furnish copies of such
tapes, discs, other electronic data or compilations thereof to
state political committees registered pursuant to the Illinois
Campaign Finance Act or the Federal Election Campaign Act and
to governmental entities, at their request and at a reasonable
cost. To protect the privacy and confidentiality of voter
registration information, the disclosure of electronic voter
registration records to any person or entity other than to a
State or local political committee and other than to a
governmental entity for a governmental purpose is specifically
prohibited except as follows: subject to security measures
adopted by the State Board of Elections which, at a minimum,
shall include the keeping of a catalog or database, available
for public view, including the name, address, and telephone
number of the person viewing the list as well as the time of
that viewing, any person may view the centralized statewide
voter registration list on a computer screen at the Springfield
office of the State Board of Elections, during normal business
hours other than during the 27 days before an election, but the
person viewing the list under this exception may not print,
duplicate, transmit, or alter the list. Copies of the tapes,
discs or other electronic data shall be furnished by the Board
of Election Commissioners to local political committees and
governmental entities at their request and at a reasonable
cost. Reasonable cost of the tapes, discs, et cetera for this
purpose would be the cost of duplication plus 15% for
administration. The individual representing a political
committee requesting copies of such tapes shall make a sworn
affidavit that the information shall be used only for bona fide
political purposes, including by or for candidates for office
or incumbent office holders. Such tapes, discs or other
electronic data shall not be used under any circumstances by
any political committee or individuals for purposes of
commercial solicitation or other business purposes. If such
tapes contain information on county residents related to the
operations of county government in addition to registration
information, that information shall not be used under any
circumstances for commercial solicitation or other business
purposes. The prohibition in this Section against using the
computer tapes or computer discs or other electronic data
processing information containing voter registration
information for purposes of commercial solicitation or other
business purposes shall be prospective only from the effective
date of this amended Act of 1979. Any person who violates this
provision shall be guilty of a Class 4 felony.
The State Board of Elections shall promulgate, by October
1, 1987, such regulations as may be necessary to ensure
uniformity throughout the State in electronic data processing
of voter registration information. The regulations shall
include, but need not be limited to, specifications for uniform
medium, communications protocol and file structure to be
employed by the election authorities of this State in the
electronic data processing of voter registration information.
Each election authority utilizing electronic data processing
of voter registration information shall comply with such
regulations on and after May 15, 1988.
If the applicant for registration was last registered in
another county within this State, he shall also sign a
certificate authorizing cancellation of the former
registration. The certificate shall be in substantially the
following form:
To the County Clerk of .... County, Illinois.
To the Election Commission of the City of ...., Illinois.
This is to certify that I am registered in your (county)
(city) and that my residence was ..... Having moved out of your
(county), (city), I hereby authorize you to cancel that
registration in your office.
Dated at ...., Illinois, on (insert date).
....................
(Signature of Voter)
Attest ...., Clerk, Election Commission of the City of....,
Illinois.
The cancellation certificate shall be mailed immediately
by the clerk of the Election Commission to the county clerk,
(or Election Commission as the case may be) where the applicant
was formerly registered. Receipt of such certificate shall be
full authority for cancellation of any previous registration.
(Source: P.A. 93-574, eff. 8-21-03; 93-847, eff. 7-30-04;
94-136, eff. 7-7-05.)
(10 ILCS 5/6-40) (from Ch. 46, par. 6-40)
Sec. 6-40. Where verification lists are furnished to the
canvassers by the Board of Election Commissioners, immediately
upon completion of the canvass, the canvassers, or one of them,
shall file with the Board of Election Commissioners the list of
registered voters upon which the canvassers have made notation
in the column headed "Remarks" as follows: "O. K.", if they
still reside at the address shown on the registration list, or
"Died", "Moved", or "Changed Name" as the case may be. Such
lists shall be attested to by the canvassers in an attached
affidavit. No canvasser shall be remunerated for services as
canvasser until such signed affidavit is filed with the Board
of Election Commissioners.
Upon receipt by the Board of Election Commissioners of the
completed list and the attached affidavit as to the correctness
of the list, the Board of Election Commissioners shall prepare
post card "Notices to Show Cause Why Registration Should not be
Cancelled" to send to each voter on each list after whose name
the canvassers have written "Died", "Moved", or "Changed Name".
They shall be sent by mail, and electronic mail if the person
whose registration is questioned has provided the election
authority with an e-mail address, mailed to those whose
registration is questioned by the Board of Election
Commissioners not later than 10 P.M. on Friday of the week of
the canvass. The affidavits made by the canvassers showing the
names and addresses of such canvassers shall be a public record
for 60 days.
The Board of Election Commissioners shall also prepare a
correct list of those registered voters in each precinct who
are designated "O.K." in the remarks column by the canvassers
and supplemental lists after the hearings on "Notices to Show
Cause Why Registration Should Not be Cancelled"; such lists to
be called "Printed Register of Registered Voters" of a given
date and supplements thereto.
It shall be the duty of the Board of Election Commissioners
when complaint is made to them, to investigate the action of
such canvassers and to cause them or either of them to be
brought before the circuit court and to prosecute them as for
contempt, and also at the discretion of the Board of Election
Commissioners, to cause them to be prosecuted criminally for
such wilful neglect of duty.
(Source: Laws 1965, p. 3501.)
(10 ILCS 5/6-57) (from Ch. 46, par. 6-57)
Sec. 6-57. To each person who registers at the office of
the board of election commissioners or at any place designated
by such board under Section 6-51 of this Article, after the
first registration under this Article, the board shall send by
mail, and electronic mail if the registrant has provided the
board of election committees with an e-mail address, a notice
setting forth the elector's name and address as it appears on
the registration record card, and shall request him in case of
any error to present the notice on or before the tenth day next
ensuing at the office of the Board of Election Commissioners in
order to secure the correction of the error. Such notice shall
contain on the outside a request for the postmaster to return
it within five days if it cannot be delivered to the addressee
at the address given thereon. Upon the return by the post
office of any such notice which it has been unable to deliver
at the given address because the addressee cannot be found
there, a notice shall be at once sent through the United States
mail to such person at the address appearing upon his
registration record card requiring him to appear before the
Board of Election Commissioners at a time and place specified
in the notice and show cause why his name should not be
cancelled from the register. Thereafter, proceedings shall be,
as nearly as may be, in conformity with those established by
Section 6-52 of this Article with respect to applications to
complete registration. Such notice may be sent at any time
within thirty days after the registration of any person, but
such notice shall be sent within five days after the last day
of registration before any election, to all persons who have
registered since the last preceding election, and to whom no
such notice has theretofore been sent; and where the addressee
cannot be found, notice requiring such person to appear before
the board of election commissioners shall specify dates for
hearing before the election not later than those prescribed by
Section 6-45 of this Article.
(Source: Laws 1951, p. 1795.)
(10 ILCS 5/6-79)
Sec. 6-79. Computerization of voter records.
(a) The State Board of Elections shall design a
registration record card that, except as otherwise provided in
this Section, shall be used in duplicate by all election
authorities in the State adopting a computer-based voter
registration file as provided in this Section. The Board shall
prescribe the form and specifications, including but not
limited to the weight of paper, color, and print of the cards.
The cards shall contain boxes or spaces for the information
required under Sections 6-31.1 and 6-35; provided that the
cards shall also contain: (i) A space for the person to fill in
his or her Illinois driver's license number if the person has a
driver's license; (ii) A space for a person without a driver's
license to fill in the last four digits of his or her social
security number if the person has a social security number.
(b) The election authority may develop and implement a
system to prepare, use, and maintain a computer-based voter
registration file that includes a computer-stored image of the
signature of each voter. The computer-based voter registration
file may be used for all purposes for which the original
registration cards are to be used, provided that a system for
the storage of at least one copy of the original registration
cards remains in effect. In the case of voter registration
forms received via an online voter registration system, the
original registration cards will include the signature
received from the Secretary of State database. The electronic
file shall be the master file.
(c) Any system created, used, and maintained under
subsection (b) of this Section shall meet the following
standards:
(1) Access to any computer-based voter registration
file shall be limited to those persons authorized by the
election authority, and each access to the computer-based
voter registration file, other than an access solely for
inquiry, shall be recorded.
(2) No copy, summary, list, abstract, or index of any
computer-based voter registration file that includes any
computer-stored image of the signature of any registered
voter shall be made available to the public outside of the
offices of the election authority.
(3) Any copy, summary, list, abstract, or index of any
computer-based voter registration file that includes a
computer-stored image of the signature of a registered
voter shall be produced in such a manner that it cannot be
reproduced.
(4) Each person desiring to vote shall sign an
application for a ballot, and the signature comparison
authorized in Articles 17 and 18 of this Code may be made
to a copy of the computer-stored image of the signature of
the registered voter.
(5) Any voter list produced from a computer-based voter
registration file that includes computer-stored images of
the signatures of registered voters and is used in a
polling place during an election shall be preserved by the
election authority in secure storage until the end of the
second calendar year following the election in which it was
used.
(d) Before the first election in which the election
authority elects to use a voter list produced from the
computer-stored images of the signatures of registered voters
in a computer-based voter registration file for signature
comparison in a polling place, the State Board of Elections
shall certify that the system used by the election authority
complies with the standards set forth in this Section. The
State Board of Elections may request a sample poll list
intended to be used in a polling place to test the accuracy of
the list and the adequacy of the computer-stored images of the
signatures of the registered voters.
(e) With respect to a jurisdiction that has copied all of
its voter signatures into a computer-based registration file,
all references in this Act or any other Act to the use, other
than storage, of paper-based voter registration records shall
be deemed to refer to their computer-based equivalents.
(f) Nothing in this Section prevents an election authority
from submitting to the State Board of Elections a duplicate
copy of some, as the State Board of Elections shall determine,
or all of the data contained in each voter registration record
that is part of the electronic master file. The duplicate copy
of the registration record shall be maintained by the State
Board of Elections under the same terms and limitations
applicable to the election authority and shall be of equal
legal dignity with the original registration record maintained
by the election authority as proof of any fact contained in the
voter registration record.
(Source: P.A. 93-574, eff. 8-21-03.)
(10 ILCS 5/6-100)
Sec. 6-100. Grace period. Notwithstanding any other
provision of this Code to the contrary, each election authority
shall establish procedures for the registration of voters and
for change of address during the period from the close of
registration for a primary or election and until the 3rd day
before the primary or election. During this grace period, an
unregistered qualified elector may register to vote, and a
registered voter may submit a change of address form, in person
in the office of the election authority or at a voter
registration location specifically designated for this purpose
by the election authority. The election authority shall
register that individual, or change a registered voter's
address, in the same manner as otherwise provided by this
Article for registration and change of address.
If a voter who registers or changes address during this
grace period wishes to vote at the first election or primary
occurring after the grace period, he or she must do so by grace
period voting, either in person in the office of the election
authority or at a location specifically designated for this
purpose by the election authority, or by mail, at the
discretion of the election authority. The election authority
shall offer in-person grace period voting at the authority's
office and may offer in-person grace period voting at
additional locations specifically designated for the purpose
of grace period voting by the election authority. The election
authority may allow grace period voting by mail only if the
election authority has no ballots prepared at the authority's
office. Grace period voting shall be in a manner substantially
similar to voting under Article 19.
Within one day after a voter casts a grace period ballot,
or within one day after the ballot is received by the election
authority if the election authority allows grace period voting
by mail, the election authority shall transmit by electronic
means pursuant to a process established by the State Board of
Elections the voter's name, street address, e-mail address, and
precinct, ward, township, and district numbers, as the case may
be, to the State Board of Elections, which shall maintain those
names and that information in an electronic format on its
website, arranged by county and accessible to State and local
political committees. The name of each person issued a grace
period ballot shall also be placed on the appropriate precinct
list of persons to whom absentee and early ballots have been
issued, for use as provided in Sections 17-9 and 18-5.
A person who casts a grace period ballot shall not be
permitted to revoke that ballot and vote another ballot with
respect to that primary or election. Ballots cast by persons
who register or change address during the grace period must be
transmitted to and counted at the election authority's central
ballot counting location and shall not be transmitted to and
counted at precinct polling places. The grace period ballots
determined to be valid shall be added to the vote totals for
the precincts for which they were cast in the order in which
the ballots were opened.
(Source: P.A. 96-441, eff. 1-1-10; 97-766, eff. 7-6-12.)
(10 ILCS 5/6A-1) (from Ch. 46, par. 6A-1)
Sec. 6A-1.
(a) Any county in which there is no city, village or
incorporated town with a board of election commissioners may
establish a county board of election commissioners either (1)
by ordinance of the county board or (2) by vote of the electors
of the county in accordance with subsection (a) of Section
6A-2.
The fact that some territory in a county is within the
corporate limits of a city, village or incorporated town with a
board of election commissioners does not prevent that county
from establishing a county board of election commissioners in
accordance with this Article if no portion of such city,
village or incorporated town was within the county at the time
of the establishment of the board of election commissioners for
such city, village or incorporated town. If such a county
establishes a county board of election commissioners pursuant
to this Article, the county board of election commissioners
shall, with respect to the territory in the county within the
corporate limits of the city, village or incorporated town,
supersede the board of election commissioners of that city,
village or incorporated town.
(b) Any county with a population of more than 700,000
persons as of the 2010 federal decennial census that borders
another state and borders no more than 2 other Illinois
counties, shall be subject to a county board of election
commissioners beginning 90 days after the effective date of
this amendatory Act of the 98th General Assembly.
(c) Any county with a population of less than 200,000 but
more than 175,000 persons as of the 2010 federal decennial
census in which a city, village, or incorporated town with a
board of election commissioners is located may establish a
county board of election commissioners by vote of the electors
of the county in accordance with subsection (b) of Section
6A-2. If such a county establishes a county board of election
commissioners, the county board of election commissioners,
with respect to the territory in the county within the
corporate limits of the city, village, or incorporated town,
shall supersede the board of election commissioners of that
city, village, or incorporated town.
(Source: P.A. 81-1433.)
(10 ILCS 5/6A-2) (from Ch. 46, par. 6A-2)
Sec. 6A-2. Submission to voters.
(a) Whenever registered voters in a the county described in
subsection (a) of Section 6A-1, numbering at least 1,000 or 1/8
of the number voting at the last preceding general election in
the county, whichever is less, petition the circuit court to
submit to the electors of the county a proposition to establish
a county board of election commissioners, the circuit court
shall cause such proposition to be submitted to the electors of
the county at the next succeeding general election.
(b) If the county board of a county described in subsection
(c) of Section 6A-1 passes an ordinance or resolution
establishing a county board of election commissioners, then the
proposition to establish a county board of election
commissioners shall be submitted to the electors of that county
at the next possible general election. The board shall certify
the ordinance or resolution and the proposition to the proper
election officials who shall submit the proposition at the next
general election in accordance with the general election law.
(c) The proposition shall be submitted in the same manner
as provided in Article 6 for the adoption of Articles 6, 14 and
18 by cities, villages and incorporated towns, except that the
question shall be stated: "Shall a board of election
commissioners be established for .... County?"
(Source: P.A. 78-465.)
(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
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. 91-358, eff. 7-29-99.)
(10 ILCS 5/6A-4) (from Ch. 46, par. 6A-4)
Sec. 6A-4. Transfer of records. Upon the opening of an the
office of a the county board of election commissioners, the
county clerk and any municipal board of election commissioners
in the county shall turn over to such county board all registry
books, registration record cards, poll books, tally sheets and
ballot boxes and all other books, forms, blanks and stationery
of every description in the clerk's or municipal board's
possession his hands in any way relating to elections or the
holding of elections in the county and any unused
appropriations related to elections or the holding of elections
in the county. Thereupon, all functions, powers and duties of
the county clerk, or the county board, or the municipal board
relating to elections in that county are transferred to the
county board of election commissioners.
(Source: P.A. 78-465.)
(10 ILCS 5/8-9) (from Ch. 46, par. 8-9)
Sec. 8-9. All petitions for nomination shall be filed by
mail or in person as follows:
(1) Where the nomination is made for a legislative
office, 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.
(2) The State Board of Elections shall, upon receipt of
each petition, endorse thereon the day and hour on which it
was filed. Petitions filed by mail and received after
midnight on 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, and 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 to have been
filed simultaneously. Where 2 or more petitions are
received simultaneously, the State Board of Elections
shall break ties and determine the order of filing, by
means of a lottery as provided in Section 7-12 of this
Code.
(3) Any person for whom a petition for nomination has
been filed, may cause his name to be withdrawn by a request
in writing, signed by him, 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 not later than the date of
certification of candidates for the general primary
ballot, and no names so withdrawn shall be certified by the
State Board of Elections to the county clerk, 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. 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.
(4) If multiple sets of nomination papers are filed for
a candidate to the same office, the State Board of
Elections 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 that he or she may
cancel prior sets of petitions. If the candidate notifies
the State Board of Elections the last set of petitions
filed shall be the only petitions to be considered valid by
the State Board of Elections. If the candidate fails to
notify the State Board then only the first set of petitions
filed shall be valid and all subsequent petitions shall be
void.
(Source: P.A. 96-1008, eff. 7-6-10.)
(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 $3,000 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 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 $3,000 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 $3,000 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 $3,000
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 $3,000
related to any question of public policy to be submitted to the
voters. The $5,000 $3,000 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 $3,000 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 $3,000
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. 96-832, eff. 1-1-11; 97-766, eff. 7-6-12.)
(10 ILCS 5/9-8.5)
Sec. 9-8.5. Limitations on campaign contributions.
(a) It is unlawful for a political committee to accept
contributions except as provided in this Section.
(b) During an election cycle, a candidate political
committee may not accept contributions with an aggregate value
over the following: (i) $5,000 from any individual, (ii)
$10,000 from any corporation, labor organization, or
association, or (iii) $50,000 from a candidate political
committee or political action committee. A candidate political
committee may accept contributions in any amount from a
political party committee except during an election cycle in
which the candidate seeks nomination at a primary election.
During an election cycle in which the candidate seeks
nomination at a primary election, a candidate political
committee may not accept contributions from political party
committees with an aggregate value over the following: (i)
$200,000 for a candidate political committee established to
support a candidate seeking nomination to statewide office,
(ii) $125,000 for a candidate political committee established
to support a candidate seeking nomination to the Senate, the
Supreme Court or Appellate Court in the First Judicial
District, or an office elected by all voters in a county with
1,000,000 or more residents, (iii) $75,000 for a candidate
political committee established to support a candidate seeking
nomination to the House of Representatives, the Supreme Court
or Appellate Court for a Judicial District other than the First
Judicial District, an office elected by all voters of a county
of fewer than 1,000,000 residents, and municipal and county
offices in Cook County other than those elected by all voters
of Cook County, and (iv) $50,000 for a candidate political
committee established to support the nomination of a candidate
to any other office. A candidate political committee
established to elect a candidate to the General Assembly may
accept contributions from only one legislative caucus
committee. A candidate political committee may not accept
contributions from a ballot initiative committee or from an
independent expenditure committee.
(c) During an election cycle, a political party committee
may not accept contributions with an aggregate value over the
following: (i) $10,000 from any individual, (ii) $20,000 from
any corporation, labor organization, or association, or (iii)
$50,000 from a political action committee. A political party
committee may accept contributions in any amount from another
political party committee or a candidate political committee,
except as provided in subsection (c-5). Nothing in this Section
shall limit the amounts that may be transferred between a
political party committee established under subsection (a) of
Section 7-8 of this Code and an affiliated federal political
committee established under the Federal Election Code by the
same political party. A political party committee may not
accept contributions from a ballot initiative committee or from
an independent expenditure committee. A political party
committee established by a legislative caucus may not accept
contributions from another political party committee
established by a legislative caucus.
(c-5) During the period beginning on the date candidates
may begin circulating petitions for a primary election and
ending on the day of the primary election, a political party
committee may not accept contributions with an aggregate value
over $50,000 from a candidate political committee or political
party committee. A political party committee may accept
contributions in any amount from a candidate political
committee or political party committee if the political party
committee receiving the contribution filed a statement of
nonparticipation in the primary as provided in subsection
(c-10). The Task Force on Campaign Finance Reform shall study
and make recommendations on the provisions of this subsection
to the Governor and General Assembly by September 30, 2012.
This subsection becomes inoperative on July 1, 2013 and
thereafter no longer applies.
(c-10) A political party committee that does not intend to
make contributions to candidates to be nominated at a general
primary election or consolidated primary election may file a
Statement of Nonparticipation in a Primary Election with the
Board. The Statement of Nonparticipation shall include a
verification signed by the chairperson and treasurer of the
committee that (i) the committee will not make contributions or
coordinated expenditures in support of or opposition to a
candidate or candidates to be nominated at the general primary
election or consolidated primary election (select one) to be
held on (insert date), (ii) the political party committee may
accept unlimited contributions from candidate political
committees and political party committees, provided that the
political party committee does not make contributions to a
candidate or candidates to be nominated at the primary
election, and (iii) failure to abide by these requirements
shall deem the political party committee in violation of this
Article and subject the committee to a fine of no more than
150% of the total contributions or coordinated expenditures
made by the committee in violation of this Article. This
subsection becomes inoperative on July 1, 2013 and thereafter
no longer applies.
(d) During an election cycle, a political action committee
may not accept contributions with an aggregate value over the
following: (i) $10,000 from any individual, (ii) $20,000 from
any corporation, labor organization, political party
committee, or association, or (iii) $50,000 from a political
action committee or candidate political committee. A political
action committee may not accept contributions from a ballot
initiative committee or from an independent expenditure
committee.
(e) A ballot initiative committee may accept contributions
in any amount from any source, provided that the committee
files the document required by Section 9-3 of this Article and
files the disclosure reports required by the provisions of this
Article.
(e-5) An independent expenditure committee may accept
contributions in any amount from any source, provided that the
committee files the document required by Section 9-3 of this
Article and files the disclosure reports required by the
provisions of this Article.
(f) Nothing in this Section shall prohibit a political
committee from dividing the proceeds of joint fundraising
efforts; provided that no political committee may receive more
than the limit from any one contributor, and provided that an
independent expenditure committee may not conduct joint
fundraising efforts with a candidate political committee or a
political party committee.
(g) On January 1 of each odd-numbered year, the State Board
of Elections shall adjust the amounts of the contribution
limitations established in this Section for inflation as
determined by the Consumer Price Index for All Urban Consumers
as issued by the United States Department of Labor and rounded
to the nearest $100. The State Board shall publish this
information on its official website.
(h) Self-funding candidates. If a public official, a
candidate, or the public official's or candidate's immediate
family contributes or loans to the public official's or
candidate's political committee or to other political
committees that transfer funds to the public official's or
candidate's political committee or makes independent
expenditures for the benefit of the public official's or
candidate's campaign during the 12 months prior to an election
in an aggregate amount of more than (i) $250,000 for statewide
office or (ii) $100,000 for all other elective offices, then
the public official or candidate shall file with the State
Board of Elections, within one day, a Notification of
Self-funding that shall detail each contribution or loan made
by the public official, the candidate, or the public official's
or candidate's immediate family. Within 2 business days after
the filing of a Notification of Self-funding, the notification
shall be posted on the Board's website and the Board shall give
official notice of the filing to each candidate for the same
office as the public official or candidate making the filing,
including the public official or candidate filing the
Notification of Self-funding. Notice shall be sent via first
class mail to the candidate and the treasurer of the
candidate's committee. Notice shall also be sent by e-mail to
the candidate and the treasurer of the candidate's committee if
the candidate and the treasurer, as applicable, have provided
the Board with an e-mail address. Upon posting of the receiving
notice on from the Board's website Board, all candidates for
that office, including the public official or candidate who
filed a Notification of Self-funding, shall be permitted to
accept contributions in excess of any contribution limits
imposed by subsection (b). If a public official or candidate
filed a Notification of Self-funding during an election cycle
that includes a general primary election or consolidated
primary election and that public official or candidate is
nominated, all candidates for that office, including the
nominee who filed the notification of self-funding, shall be
permitted to accept contributions in excess of any contribution
limit imposed by subsection (b) for the subsequent election
cycle. For the purposes of this subsection, "immediate family"
means the spouse, parent, or child of a public official or
candidate.
(h-5) If a natural person or independent expenditure
committee makes independent expenditures in support of or in
opposition to the campaign of a particular public official or
candidate in an aggregate amount of more than (i) $250,000 for
statewide office or (ii) $100,000 for all other elective
offices in an election cycle, as reported in a written
disclosure filed under subsection (a) of Section 9-8.6 or
subsection (e-5) of Section 9-10, then the State Board of
Elections shall, within 2 business days after the filing of the
disclosure, post the disclosure on the Board's website and give
official notice of the disclosure to each candidate for the
same office as the public official or candidate for whose
benefit or detriment the natural person or independent
expenditure committee made independent expenditures. Upon
posting of the receiving notice on from the Board's website
Board, all candidates for that office in that election,
including the public official or candidate for whose benefit or
detriment the natural person or independent expenditure
committee made independent expenditures, shall be permitted to
accept contributions in excess of any contribution limits
imposed by subsection (b).
(h-10) If the State Board of Elections receives
notification or determines that a natural person or persons, an
independent expenditure committee or committees, or
combination thereof has made independent expenditures in
support of or in opposition to the campaign of a particular
public official or candidate in an aggregate amount of more
than (i) $250,000 for statewide office or (ii) $100,000 for all
other elective offices in an election cycle, then the Board
shall, within 2 business days after discovering the independent
expenditures that, in the aggregate, exceed the threshold set
forth in (i) and (ii) of this subsection, post notice of this
fact on the Board's website and give official notice to each
candidate for the same office as the public official or
candidate for whose benefit or detriment the independent
expenditures were made. Notice shall be sent via first class
mail to the candidate and the treasurer of the candidate's
committee. Notice shall also be sent by e-mail to the candidate
and the treasurer of the candidate's committee if the candidate
and the treasurer, as applicable, have provided the Board with
an e-mail address. Upon posting of the notice on the Board's
website, all candidates of that office in that election,
including the public official or candidate for whose benefit or
detriment the independent expenditures were made, may accept
contributions in excess of any contribution limits imposed by
subsection (b). The Campaign Finance Task Force shall submit a
report to the Governor and General Assembly no later than
February 1, 2013. The report shall examine and make
recommendations regarding the provisions in this subsection
including, but not limited to, case law concerning independent
expenditures, the manner in which independent expenditures are
handled in the other states and at the federal level,
independent expenditures made in Illinois during the 2012
general primary and, separately, the 2012 general election, and
independent expenditures made at the federal level during the
2012 general election. The Task Force shall conduct at least 2
public hearings regarding independent expenditures.
(i) For the purposes of this Section, a corporation, labor
organization, association, or a political action committee
established by a corporation, labor organization, or
association may act as a conduit in facilitating the delivery
to a political action committee of contributions made through
dues, levies, or similar assessments and the political action
committee may report the contributions in the aggregate,
provided that: (i) contributions made through dues, levies, or
similar assessments paid by any natural person, corporation,
labor organization, or association in a calendar year may not
exceed the limits set forth in this Section; (ii) the
corporation, labor organization, association, or a political
action committee established by a corporation, labor
organization, or association facilitating the delivery of
contributions maintains a list of natural persons,
corporations, labor organizations, and associations that paid
the dues, levies, or similar assessments from which the
contributions comprising the aggregate amount derive; and
(iii) contributions made through dues, levies, or similar
assessments paid by any natural person, corporation, labor
organization, or association that exceed $500 in a quarterly
reporting period shall be itemized on the committee's quarterly
report and may not be reported in the aggregate. A political
action committee facilitating the delivery of contributions or
receiving contributions shall disclose the amount of
contributions made through dues delivered or received and the
name of the corporation, labor organization, association, or
political action committee delivering the contributions, if
applicable. On January 1 of each odd-numbered year, the State
Board of Elections shall adjust the amounts of the contribution
limitations established in this subsection for inflation as
determined by the Consumer Price Index for All Urban Consumers
as issued by the United States Department of Labor and rounded
to the nearest $100. The State Board shall publish this
information on its official website.
(j) A political committee that receives a contribution or
transfer in violation of this Section shall dispose of the
contribution or transfer by returning the contribution or
transfer, or an amount equal to the contribution or transfer,
to the contributor or transferor or donating the contribution
or transfer, or an amount equal to the contribution or
transfer, to a charity. A contribution or transfer received in
violation of this Section that is not disposed of as provided
in this subsection within 30 days after the Board sends
notification to the political committee of the excess
contribution by certified mail shall escheat to the General
Revenue Fund and the political committee shall be deemed in
violation of this Section and subject to a civil penalty not to
exceed 150% of the total amount of the contribution.
(k) For the purposes of this Section, "statewide office"
means the Governor, Lieutenant Governor, Attorney General,
Secretary of State, Comptroller, and Treasurer.
(l) This Section is repealed if and when the United States
Supreme Court invalidates contribution limits on committees
formed to assist candidates, political parties, corporations,
associations, or labor organizations established by or
pursuant to federal law.
(Source: P.A. 96-832, eff. 1-1-11; 97-766, eff. 7-6-12.)
(10 ILCS 5/9-9.5)
Sec. 9-9.5. Disclosures in political communications.
(a) Any political committee, organized under the Election
Code, that makes an expenditure for a pamphlet, circular,
handbill, Internet or telephone communication, radio,
television, or print advertisement, or other communication
directed at voters and mentioning the name of a candidate in
the next upcoming election shall ensure that the name of the
political committee paying for any part of the communication,
including, but not limited to, its preparation and
distribution, is identified clearly within the communication
as the payor. This subsection does not apply to items that are
too small to contain the required disclosure. This subsection
does not apply to an expenditure for the preparation or
distribution of any printed communication directed at
constituents of a member of the General Assembly if the
expenditure is made by a political committee in accordance with
subsection (c) of Section 9-8.10. Nothing in this subsection
shall require disclosure on any telephone communication using
random sampling or other scientific survey methods to gauge
public opinion for or against any candidate or question of
public policy.
Whenever any vendor or other person provides any of the
services listed in this subsection, other than any telephone
communication using random sampling or other scientific survey
methods to gauge public opinion for or against any candidate or
question of public policy, the vendor or person shall keep and
maintain records showing the name and address of the person who
purchased or requested the services and the amount paid for the
services. The records required by this subsection shall be kept
for a period of one year after the date upon which payment was
received for the services.
(b) Any political committee, organized under this Code,
that makes an expenditure for a pamphlet, circular, handbill,
Internet or telephone communication, radio, television, or
print advertisement, or other communication directed at voters
and (i) mentioning the name of a candidate in the next upcoming
election, without that candidate's permission, or (ii)
advocating for or against a public policy position shall ensure
that the name of the political committee paying for any part of
the communication, including, but not limited to, its
preparation and distribution, is identified clearly within the
communication. Nothing in this subsection shall require
disclosure on any telephone communication using random
sampling or other scientific survey methods to gauge public
opinion for or against any candidate or question of public
policy.
(c) A political committee organized under this Code shall
not make an expenditure for any unsolicited telephone call to
the line of a residential telephone customer in this State
using any method to block or otherwise circumvent that
customer's use of a caller identification service.
(Source: P.A. 94-645, eff. 8-22-05; 94-1000, eff. 7-3-06;
95-699, eff. 11-9-07.)
(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 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. 91-357, eff. 7-29-99.)
(10 ILCS 5/10-7) (from Ch. 46, par. 10-7)
Sec. 10-7. Any person whose name has been presented as a
candidate may cause his name to be withdrawn from any such
nomination by his request in writing, signed by him and duly
acknowledged before an officer qualified to take
acknowledgment of deeds, and presented to the principal office
or permanent branch office of the Board, the election
authority, or the local election official, as the case may be,
not later than the date for certification of candidates for the
ballot. No name so withdrawn shall be printed upon the ballots
under the party appellation or title from which the candidate
has withdrawn his name. If such a request for withdrawal is
received after the date for certification of the candidates for
the ballot, then the votes cast for the withdrawn candidate are
invalid and shall not be reported by the election authority. If
the name of the same person has been presented as a candidate
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. 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 ballot, for any
office. However, nothing in this section shall be construed as
precluding a judge who is seeking retention in office from also
being a candidate for another judicial office. Except as
otherwise herein provided, in case the certificate of
nomination or petition as provided for in this Article shall
contain or exhibit the name of any candidate for any office
upon more than one of said certificates or petitions (for the
same office), then and in that case the Board or election
authority or local election official, as the case may be, shall
immediately notify said candidate of said fact and that his
name appears unlawfully upon more than one of said certificates
or petitions and that within 3 days from the receipt of said
notification, said candidate must elect as to which of said
political party appellations or groups he desires his name to
appear and remain under upon said ballot, and if said candidate
refuses, fails or neglects to make such election, then and in
that case the Board or election authority or local election
official, as the case may be, shall permit the name of said
candidate to appear or be printed or placed upon said ballot
only under the political party appellation or group appearing
on the certificate of nomination or petition, as the case may
be, first filed, and shall strike or cause to be stricken the
name of said candidate from all certificates of nomination and
petitions filed after the first such certificate of nomination
or petition.
Whenever the name of a candidate for an office is withdrawn
from a new political party petition, it shall constitute a
vacancy in nomination for that office which may be filled in
accordance with Section 10-11 of this Article; provided, that
if the names of all candidates for all offices on a new
political party petition are withdrawn or such petition is
declared invalid by an electoral board or upon judicial review,
no vacancies in nomination for those offices shall exist and
the filing of any notice or resolution purporting to fill
vacancies in nomination shall have no legal effect.
Whenever the name of an independent candidate for an office
is withdrawn or an independent candidate's petition is declared
invalid by an electoral board or upon judicial review, no
vacancy in nomination for that office shall exist and the
filing of any notice or resolution purporting to fill a vacancy
in nomination shall have no legal effect.
All certificates of nomination and nomination papers when
presented or filed shall be open, under proper regulation, to
public inspection, and the State Board of Elections and the
several election authorities and local election officials
having charge of nomination papers shall preserve the same in
their respective offices not less than 6 months.
(Source: P.A. 86-875.)
(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,
legislative 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 to hear and pass
upon objections to the nominations of candidates for county
offices, for congressional, legislative and judicial
offices of a district, subcircuit, or circuit coterminous
with or less than a county, for any school district offices
trustees to be voted for by the electors of the county or
by the electors of a township of the county, 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 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 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 chairman.
5. The education officers electoral board to hear and
pass upon objections to the nominations of candidates for
offices in school or community college districts shall be
composed of the presiding officer of the school or
community college district board, who shall be the
chairman, the secretary of the school or community college
district board and the eligible elected school or 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 school or community college district
board member who has had the second longest term of
continuous service as a board member.
In the event that the 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 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 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 school 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
chairman of an electoral board shall be designated by the Chief
Judge.
(Source: P.A. 96-1008, eff. 7-6-10.)
(10 ILCS 5/10-10) (from Ch. 46, par. 10-10)
Sec. 10-10. Within 24 hours after the receipt of the
certificate of nomination or nomination papers or proposed
question of public policy, as the case may be, and the
objector's petition, the chairman of the electoral board other
than the State Board of Elections shall send a call by
registered or certified mail to each of the members of the
electoral board, and to the objector who filed the objector's
petition, and either to the candidate whose certificate of
nomination or nomination papers are objected to or to the
principal proponent or attorney for proponents of a question of
public policy, as the case may be, whose petitions are objected
to, and shall also cause the sheriff of the county or counties
in which such officers and persons reside to serve a copy of
such call upon each of such officers and persons, which call
shall set out the fact that the electoral board is required to
meet to hear and pass upon the objections to nominations made
for the office, designating it, and shall state the day, hour
and place at which the electoral board shall meet for the
purpose, which place shall be in the county court house in the
county in the case of the County Officers Electoral Board, the
Municipal Officers Electoral Board, the Township Officers
Electoral Board or the Education Officers Electoral Board,
except that the Municipal Officers Electoral Board, the
Township Officers Electoral Board, and the Education Officers
Electoral Board may meet at the location where the governing
body of the municipality, township, or school or community
college district, respectively, holds its regularly scheduled
meetings, if that location is available; provided that voter
records may be removed from the offices of an election
authority only at the discretion and under the supervision of
the election authority. In those cases where the State Board of
Elections is the electoral board designated under Section 10-9,
the chairman of the State Board of Elections shall, within 24
hours after the receipt of the certificate of nomination or
nomination papers or petitions for a proposed amendment to
Article IV of the Constitution or proposed statewide question
of public policy, send a call by registered or certified mail
to the objector who files the objector's petition, and either
to the candidate whose certificate of nomination or nomination
papers are objected to or to the principal proponent or
attorney for proponents of the proposed Constitutional
amendment or statewide question of public policy and shall
state the day, hour and place at which the electoral board
shall meet for the purpose, which place may be in the Capitol
Building or in the principal or permanent branch office of the
State Board. The day of the meeting shall not be less than 3
nor more than 5 days after the receipt of the certificate of
nomination or nomination papers and the objector's petition by
the chairman of the electoral board.
The electoral board shall have the power to administer
oaths and to subpoena and examine witnesses and at the request
of either party the chairman may issue subpoenas requiring the
attendance of witnesses and subpoenas duces tecum requiring the
production of such books, papers, records and documents as may
be evidence of any matter under inquiry before the electoral
board, in the same manner as witnesses are subpoenaed in the
Circuit Court.
Service of such subpoenas shall be made by any sheriff or
other person in the same manner as in cases in such court and
the fees of such sheriff shall be the same as is provided by
law, and shall be paid by the objector or candidate who causes
the issuance of the subpoena. In case any person so served
shall knowingly neglect or refuse to obey any such subpoena, or
to testify, the electoral board shall at once file a petition
in the circuit court of the county in which such hearing is to
be heard, or has been attempted to be heard, setting forth the
facts, of such knowing refusal or neglect, and accompanying the
petition with a copy of the citation and the answer, if one has
been filed, together with a copy of the subpoena and the return
of service thereon, and shall apply for an order of court
requiring such person to attend and testify, and forthwith
produce books and papers, before the electoral board. Any
circuit court of the state, excluding the judge who is sitting
on the electoral board, upon such showing shall order such
person to appear and testify, and to forthwith produce such
books and papers, before the electoral board at a place to be
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 Unites States mail, in a sealed envelope or
package, with postage prepaid, addressed to each party affected
by the decision or to such party's attorney of record, if any,
at the address on record for such person in the files of the
electoral board.
Upon the expiration of the period within which a proceeding
for judicial review must be commenced under Section 10-10.1,
the electoral board shall, unless a proceeding for judicial
review has been commenced within such period, transmit, by
registered or certified mail, a certified copy of its ruling,
together with the original certificate of nomination or
nomination papers or petitions and the original objector's
petition, to the officer or board with whom the certificate of
nomination or nomination papers or petitions, as objected to,
were on file, and such officer or board shall abide by and
comply with the ruling so made to all intents and purposes.
(Source: P.A. 95-872, eff. 1-1-09; 96-1008, 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 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 chairman of the proponent or
opponent group, as the case may be. Neither the The election
authority nor the State Board of Elections may not require any
such party official or the candidate or the presiding officer
of the civic organization or the 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 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 absentee ballots as provided in Section
19-12.2 of this Act.
(Source: P.A. 94-645, eff. 8-22-05; 95-267, eff. 8-17-07;
95-699, eff. 11-9-07; 95-876, eff. 8-21-08.)
(10 ILCS 5/18A-15)
Sec. 18A-15. Validating and counting provisional ballots.
(a) The county clerk or board of election commissioners
shall complete the validation and counting of provisional
ballots within 14 calendar days of the day of the election. The
county clerk or board of election commissioners shall have 7
calendar days from the completion of the validation and
counting of provisional ballots to conduct its final canvass.
The State Board of Elections shall complete within 31 calendar
days of the election or sooner if all the returns are received,
its final canvass of the vote for all public offices.
(b) If a county clerk or board of election commissioners
determines that all of the following apply, then a provisional
ballot is valid and shall be counted as a vote:
(1) the provisional voter cast the provisional ballot
in the correct precinct based on the address provided by
the provisional voter. The provisional voter's affidavit
shall serve as a change of address request by that voter
for registration purposes for the next ensuing election if
it bears an address different from that in the records of
the election authority. Votes for federal and statewide
offices on a provisional ballot cast in the incorrect
precinct that meet the other requirements of this
subsection shall be valid and counted in accordance with
rules adopted by the State Board of Elections. As used in
this item, "federal office" is defined as provided in
Section 20-1 and "statewide office" means the Governor,
Attorney General, Secretary of State, Comptroller, and
Treasurer. Votes for General Assembly, countywide,
citywide, or township office on a provisional ballot cast
in the incorrect precinct but in the correct legislative
district, representative district, county, municipality,
or township, as the case may be, shall be valid and counted
in accordance with rules adopted by the State Board of
Elections. As used in this item, "citywide office" means an
office elected by the electors of an entire municipality.
As used in this item, "township office" means an office
elected by the electors of an entire township;
(2) the affidavit executed by the provisional voter
pursuant to subsection (b)(2) of Section 18A-5 contains, at
a minimum, the provisional voter's first and last name,
house number and street name, and signature or mark;
(3) the provisional voter is a registered voter based
on information available to the county clerk or board of
election commissioners provided by or obtained from any of
the following:
i. the provisional voter;
ii. an election judge;
iii. the statewide voter registration database
maintained by the State Board of Elections;
iv. the records of the county clerk or board of
election commissioners' database; or
v. the records of the Secretary of State; and
(4) for a provisional ballot cast under item (6) of
subsection (a) of Section 18A-5, the voter did not vote by
absentee ballot in the election at which the provisional
ballot was cast.
(c) With respect to subsection (b)(3) of this Section, the
county clerk or board of election commissioners shall
investigate and record whether or not the specified information
is available from each of the 5 identified sources. If the
information is available from one or more of the identified
sources, then the county clerk or board of election
commissioners shall seek to obtain the information from each of
those sources until satisfied, with information from at least
one of those sources, that the provisional voter is registered
and entitled to vote. The county clerk or board of election
commissioners shall use any information it obtains as the basis
for determining the voter registration status of the
provisional voter. If a conflict exists among the information
available to the county clerk or board of election
commissioners as to the registration status of the provisional
voter, then the county clerk or board of election commissioners
shall make a determination based on the totality of the
circumstances. In a case where the above information equally
supports or opposes the registration status of the voter, the
county clerk or board of election commissioners shall decide in
favor of the provisional voter as being duly registered to
vote. If the statewide voter registration database maintained
by the State Board of Elections indicates that the provisional
voter is registered to vote, but the county clerk's or board of
election commissioners' voter registration database indicates
that the provisional voter is not registered to vote, then the
information found in the statewide voter registration database
shall control the matter and the provisional voter shall be
deemed to be registered to vote. If the records of the county
clerk or board of election commissioners indicates that the
provisional voter is registered to vote, but the statewide
voter registration database maintained by the State Board of
Elections indicates that the provisional voter is not
registered to vote, then the information found in the records
of the county clerk or board of election commissioners shall
control the matter and the provisional voter shall be deemed to
be registered to vote. If the provisional voter's signature on
his or her provisional ballot request varies from the signature
on an otherwise valid registration application solely because
of the substitution of initials for the first or middle name,
the election authority may not reject the provisional ballot.
(d) In validating the registration status of a person
casting a provisional ballot, the county clerk or board of
election commissioners shall not require a provisional voter to
complete any form other than the affidavit executed by the
provisional voter under subsection (b)(2) of Section 18A-5. In
addition, the county clerk or board of election commissioners
shall not require all provisional voters or any particular
class or group of provisional voters to appear personally
before the county clerk or board of election commissioners or
as a matter of policy require provisional voters to submit
additional information to verify or otherwise support the
information already submitted by the provisional voter. Within
2 calendar days after the election, the election authority
shall transmit by electronic means pursuant to a process
established by the State Board of Elections the name, street
address, e-mail address, and precinct, ward, township, and
district numbers, as the case may be, of each person casting a
provisional ballot to the State Board of Elections, which shall
maintain those names and that information in an electronic
format on its website, arranged by county and accessible to
State and local political committees. The provisional voter
may, within 7 2 calendar days after the election, submit
additional information to the county clerk or board of election
commissioners. This information must be received by the county
clerk or board of election commissioners within the
7-calendar-day 2-calendar-day period.
(e) If the county clerk or board of election commissioners
determines that subsection (b)(1), (b)(2), or (b)(3) does not
apply, then the provisional ballot is not valid and may not be
counted. The provisional ballot envelope containing the ballot
cast by the provisional voter may not be opened. The county
clerk or board of election commissioners shall write on the
provisional ballot envelope the following: "Provisional ballot
determined invalid.".
(f) If the county clerk or board of election commissioners
determines that a provisional ballot is valid under this
Section, then the provisional ballot envelope shall be opened.
The outside of each provisional ballot envelope shall also be
marked to identify the precinct and the date of the election.
(g) Provisional ballots determined to be valid shall be
counted at the election authority's central ballot counting
location and shall not be counted in precincts. The provisional
ballots determined to be valid shall be added to the vote
totals for the precincts from which they were cast in the order
in which the ballots were opened. The validation and counting
of provisional ballots shall be subject to the provisions of
this Code that apply to pollwatchers. If the provisional
ballots are a ballot of a punch card voting system, then the
provisional ballot shall be counted in a manner consistent with
Article 24A. If the provisional ballots are a ballot of optical
scan or other type of approved electronic voting system, then
the provisional ballots shall be counted in a manner consistent
with Article 24B.
(h) As soon as the ballots have been counted, the election
judges or election officials shall, in the presence of the
county clerk or board of election commissioners, place each of
the following items in a separate envelope or bag: (1) all
provisional ballots, voted or spoiled; (2) all provisional
ballot envelopes of provisional ballots voted or spoiled; and
(3) all executed affidavits of the provisional ballots voted or
spoiled. All provisional ballot envelopes for provisional
voters who have been determined not to be registered to vote
shall remain sealed. The county clerk or board of election
commissioners shall treat the provisional ballot envelope
containing the written affidavit as a voter registration
application for that person for the next election and process
that application. The election judges or election officials
shall then securely seal each envelope or bag, initial the
envelope or bag, and plainly mark on the outside of the
envelope or bag in ink the precinct in which the provisional
ballots were cast. The election judges or election officials
shall then place each sealed envelope or bag into a box, secure
and seal it in the same manner as described in item (6) of
subsection (b) of Section 18A-5. Each election judge or
election official shall take and subscribe an oath before the
county clerk or board of election commissioners that the
election judge or election official securely kept the ballots
and papers in the box, did not permit any person to open the
box or otherwise touch or tamper with the ballots and papers in
the box, and has no knowledge of any other person opening the
box. For purposes of this Section, the term "election official"
means the county clerk, a member of the board of election
commissioners, as the case may be, and their respective
employees.
(Source: P.A. 97-766, eff. 7-6-12.)
(10 ILCS 5/19-2) (from Ch. 46, par. 19-2)
Sec. 19-2. Any elector as defined in Section 19-1 may by
mail or electronically on the website of the appropriate
election authority, not more than 40 nor less than 5 days prior
to the date of such election, or by personal delivery not more
than 40 nor less than one day prior to the date of such
election, make application to the county clerk or to the Board
of Election Commissioners for an official ballot for the
voter's precinct to be voted at such election. Such a ballot
shall be delivered to the elector only upon separate
application by the elector for each election.
(Source: P.A. 96-553, eff. 8-17-09; 97-81, eff. 7-5-11.)
(10 ILCS 5/19-2.1) (from Ch. 46, par. 19-2.1)
Sec. 19-2.1. In-person absentee voting in the office of the
municipal, township, or road district clerks. At the
consolidated primary, general primary, consolidated, and
general elections, electors entitled to vote by absentee ballot
under the provisions of Section 19-1 may vote in person at the
office of the municipal clerk, if the elector is a resident of
a municipality not having a board of election commissioners, or
at the office of the township clerk or, in counties not under
township organization, at the office of the road district clerk
if the elector is not a resident of a municipality; provided,
in each case that the municipal, township or road district
clerk, as the case may be, is authorized to conduct in-person
absentee voting pursuant to this Section. Absentee voting in
such municipal and township clerk's offices under this Section
shall be conducted from the 22nd day through the day before the
election.
Municipal and township clerks (or road district clerks) who
have regularly scheduled working hours at regularly designated
offices other than a place of residence and whose offices are
open for business during the same hours as the office of the
election authority shall conduct in-person absentee voting for
said elections. Municipal and township clerks (or road district
clerks) who have no regularly scheduled working hours but who
have regularly designated offices other than a place of
residence shall conduct in-person absentee voting for said
elections during the hours of 8:30 a.m. to 4:30 p.m. or 9:00
a.m. to 5:00 p.m., weekdays, and 9:00 a.m. to 12:00 noon on
Saturdays, but not during such hours as the office of the
election authority is closed, unless the clerk files a written
waiver with the election authority not later than July 1 of
each year stating that he or she is unable to conduct such
voting and the reasons therefor. Such clerks who conduct
in-person absentee voting may extend their hours for that
purpose to include any hours in which the election authority's
office is open. Municipal and township clerks (or road district
clerks) who have no regularly scheduled office hours and no
regularly designated offices other than a place of residence
may not conduct in-person absentee voting for said elections.
The election authority may devise alternative methods for
in-person absentee voting before said elections for those
precincts located within the territorial area of a municipality
or township (or road district) wherein the clerk of such
municipality or township (or road district) has waived or is
not entitled to conduct such voting. In addition, electors may
vote by absentee ballot under the provisions of Section 19-1 at
the office of the election authority having jurisdiction over
their residence. Unless specifically authorized by the
election authority, municipal, township, and road district
clerks shall not conduct in-person absentee voting. No less
than 45 days before the date of an election, the election
authority shall notify the municipal, township, and road
district clerks within its jurisdiction if they are to conduct
in-person absentee voting. Election authorities, however, may
conduct in-person absentee voting in one or more designated
appropriate public buildings from the fourth day before the
election through the day before the election.
In conducting in-person absentee voting under this
Section, the respective clerks shall be required to verify the
signature of the absentee voter by comparison with the
signature on the official registration record card. The clerk
also shall reasonably ascertain the identity of such applicant,
shall verify that each such applicant is a registered voter,
and shall verify the precinct in which he or she is registered
and the proper ballots of the political subdivisions in which
the applicant resides and is entitled to vote, prior to
providing any absentee ballot to such applicant. The clerk
shall verify the applicant's registration and from the most
recent poll list provided by the county clerk, and if the
applicant is not listed on that poll list then by telephoning
the office of the county clerk.
Within one day after a voter casts an in-person absentee
ballot, the appropriate election authority shall transmit by
electronic means pursuant to a process established by the State
Board of Elections the voter's name, street address, e-mail
address, and precinct, ward, township, and district numbers, as
the case may be, to the State Board of Elections, which shall
maintain those names and that information in an electronic
format on its website, arranged by county and accessible to
State and local political committees.
Absentee voting procedures in the office of the municipal,
township and road district clerks shall be subject to all of
the applicable provisions of this Article 19. Pollwatchers may
be appointed to observe in-person absentee voting procedures
and view all reasonably requested records relating to the
conduct of the election, provided the secrecy of the ballot is
not impinged, at the office of the municipal, township or road
district clerks' offices where such absentee voting is
conducted. Such pollwatchers shall qualify and be appointed in
the same manner as provided in Sections 7-34 and 17-23, except
each candidate, political party or organization of citizens may
appoint only one pollwatcher for each location where in-person
absentee voting is conducted. Pollwatchers must be registered
to vote in Illinois and possess valid pollwatcher credentials.
All requirements in this Article applicable to election
authorities shall apply to the respective local clerks, except
where inconsistent with this Section.
The sealed absentee ballots in their carrier envelope shall
be delivered by the respective clerks, or by the election
authority on behalf of a clerk if the clerk and the election
authority agree, to the election authority's central ballot
counting location before the close of the polls on the day of
the general primary, consolidated primary, consolidated, or
general election.
Not more than 23 days before the general and consolidated
elections, the county clerk shall make available to those
municipal, township and road district clerks conducting
in-person absentee voting within such county, a sufficient
number of applications, absentee ballots, envelopes, and
printed voting instruction slips for use by absentee voters in
the offices of such clerks. The respective clerks shall receipt
for all ballots received, shall return all unused or spoiled
ballots to the county clerk on the day of the election and
shall strictly account for all ballots received.
The ballots delivered to the respective clerks shall
include absentee ballots for each precinct in the municipality,
township or road district, or shall include such separate
ballots for each political subdivision conducting an election
of officers or a referendum on that election day as will permit
any resident of the municipality, township or road district to
vote absentee in the office of the proper clerk.
The clerks of all municipalities, townships and road
districts may distribute applications for absentee ballot for
the use of voters who wish to mail such applications to the
appropriate election authority. Any person may produce,
reproduce, distribute, or return to an election authority the
application for absentee ballot. Upon receipt, the appropriate
election authority shall accept and promptly process any
application for absentee ballot.
(Source: P.A. 96-1008, eff. 7-6-10; 97-766, eff. 7-6-12.)
(10 ILCS 5/19-3) (from Ch. 46, par. 19-3)
Sec. 19-3. The application for absentee ballot shall be
substantially in the following form:
APPLICATION FOR ABSENTEE BALLOT
To be voted at the .... election in the County of .... and
State of Illinois, in the .... precinct of the (1) *township of
.... (2) *City of .... or (3) *.... ward in the City of ....
I state that I am a resident of the .... precinct of the
(1) *township of .... (2) *City of .... or (3) *.... ward in
the city of .... residing at .... in such city or town in the
county of .... and State of Illinois; that I have lived at such
address for .... month(s) last past; that I am lawfully
entitled to vote in such precinct at the .... election to be
held therein on ....; and that I wish to vote by absentee
ballot.
I hereby make application for an official ballot or ballots
to be voted by me at such election, and I agree that I shall
return such ballot or ballots to the official issuing the same
prior to the closing of the polls on the date of the election
or, if returned by mail, postmarked no later than midnight
preceding election day, for counting no later than during the
period for counting provisional ballots, the last day of which
is the 14th day following election day.
I understand that this application is made for an official
absentee ballot or ballots to be voted by me at the election
specified in this application and that I must submit a separate
application for an official absentee ballot or ballots to be
voted by me at any subsequent election.
Under penalties as provided by law pursuant to Section
29-10 of The Election Code, the undersigned certifies that the
statements set forth in this application are true and correct.
....
*fill in either (1), (2) or (3).
Post office address to which ballot is mailed:
...............
However, if application is made for a primary election
ballot, such application shall require the applicant to
designate the name of the political party with which the
applicant is affiliated.
If application is made electronically, the applicant shall
mark the box associated with the above described statement
included as part of the online application certifying that the
statements set forth in this application are true and correct,
and a signature is not required.
Any person may produce, reproduce, distribute, or return to
an election authority the application for absentee ballot. Upon
receipt, the appropriate election authority shall accept and
promptly process any application for absentee ballot submitted
in a form substantially similar to that required by this
Section, including any substantially similar production or
reproduction generated by the applicant.
(Source: P.A. 96-312, eff. 1-1-10; 96-553, eff. 8-17-09;
96-1000, eff. 7-2-10; 96-1008, eff. 7-6-10; 97-766, eff.
7-6-12.)
(10 ILCS 5/19-4) (from Ch. 46, par. 19-4)
Sec. 19-4. Mailing or delivery of ballots - Time.)
Immediately upon the receipt of such application either by mail
or electronic means, not more than 40 days nor less than 5 days
prior to such election, or by personal delivery not more than
40 days nor less than one day prior to such election, at the
office of such election authority, it shall be the duty of such
election authority to examine the records to ascertain whether
or not such applicant is lawfully entitled to vote as
requested, including a verification of the applicant's
signature by comparison with the signature on the official
registration record card, and if found so to be entitled to
vote, to post within one business day thereafter the name,
street address, ward and precinct number or township and
district number, as the case may be, of such applicant given on
a list, the pages of which are to be numbered consecutively to
be kept by such election authority for such purpose in a
conspicuous, open and public place accessible to the public at
the entrance of the office of such election authority, and in
such a manner that such list may be viewed without necessity of
requesting permission therefor. Within one day after posting
the name and other information of an applicant for an absentee
ballot, the election authority shall transmit by electronic
means pursuant to a process established by the State Board of
Elections that name and other posted information to the State
Board of Elections, which shall maintain those names and other
information in an electronic format on its website, arranged by
county and accessible to State and local political committees.
Within 2 business days after posting a name and other
information on the list within its office, the election
authority shall mail, postage prepaid, or deliver in person in
such office an official ballot or ballots if more than one are
to be voted at said election. Mail delivery of Temporarily
Absent Student ballot applications pursuant to Section 19-12.3
shall be by nonforwardable mail. However, for the consolidated
election, absentee ballots for certain precincts may be
delivered to applicants not less than 25 days before the
election if so much time is required to have prepared and
printed the ballots containing the names of persons nominated
for offices at the consolidated primary. The election authority
shall enclose with each absentee ballot or application written
instructions on how voting assistance shall be provided
pursuant to Section 17-14 and a document, written and approved
by the State Board of Elections, enumerating the circumstances
under which a person is authorized to vote by absentee ballot
pursuant to this Article; such document shall also include a
statement informing the applicant that if he or she falsifies
or is solicited by another to falsify his or her eligibility to
cast an absentee ballot, such applicant or other is subject to
penalties pursuant to Section 29-10 and Section 29-20 of the
Election Code. Each election authority shall maintain a list of
the name, street address, ward and precinct, or township and
district number, as the case may be, of all applicants who have
returned absentee ballots to such authority, and the name of
such absent voter shall be added to such list within one
business day from receipt of such ballot. If the absentee
ballot envelope indicates that the voter was assisted in
casting the ballot, the name of the person so assisting shall
be included on the list. The list, the pages of which are to be
numbered consecutively, shall be kept by each election
authority in a conspicuous, open, and public place accessible
to the public at the entrance of the office of the election
authority and in a manner that the list may be viewed without
necessity of requesting permission for viewing.
Each election authority shall maintain a list for each
election of the voters to whom it has issued absentee ballots.
The list shall be maintained for each precinct within the
jurisdiction of the election authority. Prior to the opening of
the polls on election day, the election authority shall deliver
to the judges of election in each precinct the list of
registered voters in that precinct to whom absentee ballots
have been issued by mail.
Each election authority shall maintain a list for each
election of voters to whom it has issued temporarily absent
student ballots. The list shall be maintained for each election
jurisdiction within which such voters temporarily abide.
Immediately after the close of the period during which
application may be made by mail or electronic means for
absentee ballots, each election authority shall mail to each
other election authority within the State a certified list of
all such voters temporarily abiding within the jurisdiction of
the other election authority.
In the event that the return address of an application for
ballot by a physically incapacitated elector is that of a
facility licensed or certified under the Nursing Home Care Act,
the Specialized Mental Health Rehabilitation Act, or the ID/DD
Community Care Act, within the jurisdiction of the election
authority, and the applicant is a registered voter in the
precinct in which such facility is located, the ballots shall
be prepared and transmitted to a responsible judge of election
no later than 9 a.m. on the Saturday, Sunday or Monday
immediately preceding the election as designated by the
election authority under Section 19-12.2. Such judge shall
deliver in person on the designated day the ballot to the
applicant on the premises of the facility from which
application was made. The election authority shall by mail
notify the applicant in such facility that the ballot will be
delivered by a judge of election on the designated day.
All applications for absentee ballots shall be available at
the office of the election authority for public inspection upon
request from the time of receipt thereof by the election
authority until 30 days after the election, except during the
time such applications are kept in the office of the election
authority pursuant to Section 19-7, and except during the time
such applications are in the possession of the judges of
election.
(Source: P.A. 96-339, eff. 7-1-10; 97-38, eff. 6-28-11; 97-227,
eff. 1-1-12; 97-813, eff. 7-13-12.)
(10 ILCS 5/19-7) (from Ch. 46, par. 19-7)
Sec. 19-7.
(a) Upon receipt of such absent voter's ballot, the
election authority shall forthwith enclose the same unopened,
together with the application made by said absent voter in a
large or carrier envelope which shall be securely sealed and
endorsed with the name and official title of such officer and
the words, "This envelope contains an absent voter's ballot and
must be opened on election day," together with the number and
description of the precinct in which said ballot is to be
voted, and such officer shall thereafter safely keep the same
in his office until counted by him as provided in the next
section.
(b) Within one day after receipt of such absent voter's
ballot, the election authority shall transmit, by electronic
means pursuant to a process established by the State Board of
Elections, the voter's name, street address, e-mail address,
and precinct, ward, township, and district numbers, as the case
may be, to the State Board of Elections, which shall maintain
those names and that information in an electronic format on its
website, arranged by county and accessible to State and local
political committees.
(Source: P.A. 81-155.)
(10 ILCS 5/19A-15)
Sec. 19A-15. Period for early voting; hours.
(a) The period for early voting by personal appearance
begins the 15th day preceding a general primary, consolidated
primary, consolidated, or general election and extends through
the 3rd day before election day.
(b) A permanent polling place for early voting must remain
open during the hours of 8:30 a.m. to 4:30 p.m., or 9:00 a.m.
to 5:00 p.m., on weekdays and 9:00 a.m. to 12:00 p.m. on
Saturdays, Sundays, and holidays, and 12:00 p.m. to 3:00 p.m.
on Sundays; except that, in addition to the hours required by
this subsection, a permanent early voting polling place
designated by an election authority under subsection (c) of
Section 19A-10 must remain open for a total of at least 8 hours
on any holiday during the early voting period and a total of at
least 14 hours on the final weekend during the early voting
period.
(c) Notwithstanding subsections (a) and (b), an election
authority may close an early voting polling place if the
building in which the polling place is located has been closed
by the State or unit of local government in response to a
severe weather emergency. In the event of a closure, the
election authority shall conduct early voting on the 2nd day
before election day from 8:30 a.m. to 4:30 p.m. or 9:00 a.m. to
5:00 p.m. The election authority shall notify the State Board
of Elections of any closure and shall make reasonable efforts
to provide notice to the public of the extended early voting
period.
(d) Notwithstanding subsections (a) and (b), in 2013 only,
an election authority may close an early voting place on Good
Friday, Holy Saturday, and Easter Sunday, provided that the
early voting place remains open 2 hours later on April 3, 4,
and 5 of 2013. The election authority shall notify the State
Board of Elections of any closure and shall provide notice to
the public of the closure and the extended hours during the
final week.
(Source: P.A. 97-81, eff. 7-5-11; 97-766, eff. 7-6-12; 98-4,
eff. 3-12-13.)
(10 ILCS 5/19A-70)
Sec. 19A-70. Advertising or campaigning in proximity of
polling place; penalty. During the period prescribed in Section
19A-15 for early voting by personal appearance, no advertising
pertaining to any candidate or proposition to be voted on may
be displayed in or within 100 feet of any polling place used by
voters under this Article. No person may engage in
electioneering in or within 100 feet of any polling place used
by voters under this Article. The provisions of Section 17-29
with respect to establishment of a campaign free zone,
including, but not limited to, the provisions for placement of
signage on public property beyond the campaign free zone, apply
to polling places under this Article.
Any person who violates this Section may be punished for
contempt of court.
(Source: P.A. 94-645, eff. 8-22-05.)
(10 ILCS 5/22-6) (from Ch. 46, par. 22-6)
Sec. 22-6. E-Canvass.
(a) Within 22 days after each election, each Election
Authority shall provide unit-by-unit vote totals to the State
Board of Elections in an electronic format to be prescribed by
the State Board of Elections. The State Board of Elections
shall promulgate rules necessary for the implementation of this
Section.
(b) Beginning with the November 2014 general election and
every primary, consolidated, general, and special election
thereafter, within 52 days after each election, the State Board
of Elections shall publish the precinct-by-precinct vote
totals on its website and make them available in a downloadable
form.
(Source: P.A. 95-699, eff. 11-9-07.)
(10 ILCS 5/24A-6.2 new)
Sec. 24A-6.2. Programming of automatic tabulating
equipment. Beginning with the 2014 general election and all
primary, consolidated, general, and special elections
thereafter, automatic tabulating equipment authorized by this
Section and programmed for a primary, consolidated, general, or
special election conducted pursuant to general election law
shall be programmed using the unique race and candidate ID
numbers assigned by the State Board of Elections. The unique
race and candidate ID numbers will be provided to the county
clerk or election authority, as the case may be, with the
candidate certification prepared by the State Board of
Elections. In addition, any new voting system approved by the
state after the 2014 general election shall have the capability
to export the election results by ballot style and group them
by precinct in an electronic format prescribed by the State
Board of Elections.
(10 ILCS 5/24A-16) (from Ch. 46, par. 24A-16)
Sec. 24A-16. The State Board of Elections shall approve all
voting systems provided by this Article.
No voting system shall be approved unless it fulfills the
following requirements:
(1) It enables a voter to vote in absolute secrecy;
(2) (Blank);
(3) It enables a voter to vote a ticket selected in
part from the nominees of one party, and in part from the
nominees of any or all parties, and in part from
independent candidates and in part of candidates whose
names are written in by the voter;
(4) It enables a voter to vote a written or printed
ticket of his own selection for any person for any office
for whom he may desire to vote;
(5) It will reject all votes for an office or upon a
proposition when the voter has cast more votes for such
office or upon such proposition than he is entitled to
cast;
(5.5) It will identify when a voter has not voted for
all statewide constitutional offices;
(6) It will accommodate all propositions to be
submitted to the voters in the form provided by law or,
where no such form is provided, then in brief form, not to
exceed 75 words.
(7) It will accommodate the tabulation programming
requirements of Sections 24A-6.2, 24B-6.2, and 24C-6.2.
The State Board of Elections shall not approve any voting
equipment or system that includes an external Infrared Data
Association (IrDA) communications port.
The State Board of Elections is authorized to withdraw its
approval of a voting system if the system fails to fulfill the
above requirements.
The vendor, person, or other private entity shall be solely
responsible for the production and cost of: all application
fees; all ballots; additional temporary workers; and other
equipment or facilities needed and used in the testing of the
vendor's, person's, or other private entity's respective
equipment and software.
Any voting system vendor, person, or other private entity
seeking the State Board of Elections' approval of a voting
system shall, as part of the approval application, submit to
the State Board a non-refundable fee. The State Board of
Elections by rule shall establish an appropriate fee structure,
taking into account the type of voting system approval that is
requested (such as approval of a new system, a modification of
an existing system, the size of the modification, etc.). No
voting system or modification of a voting system shall be
approved unless the fee is paid.
No vendor, person, or other entity may sell, lease, or
loan, or have a written contract, including a contract
contingent upon State Board approval of the voting system or
voting system component, to sell, lease, or loan, a voting
system or voting system component to any election jurisdiction
unless the voting system or voting system component is first
approved by the State Board of Elections pursuant to this
Section.
(Source: P.A. 94-1000, eff. 7-3-06; 95-699, eff. 11-9-07.)
(10 ILCS 5/24B-6.2 new)
Sec. 24B-6.2. Programming of automatic tabulating
equipment. Beginning with the 2014 general election and all
primary, consolidated, general, and special elections
thereafter, automatic tabulating equipment authorized by this
Section and programmed for a primary, consolidated, general, or
special election conducted pursuant to general election law
shall be programmed using the unique race and candidate ID
numbers assigned by the State Board of Elections. The unique
race and candidate ID numbers will be provided to the county
clerk or election authority, as the case may be, with the
candidate certification prepared by the State Board of
Elections. In addition, any new voting system approved by the
State after the 2014 general election shall have the capability
to export the election results by ballot style and group them
by precinct in an electronic format prescribed by the State
Board of Elections.
(10 ILCS 5/24C-6.2 new)
Sec. 24C-6.2. Programming of automatic tabulating
equipment. Beginning with the 2014 general election and all
primary, consolidated, general, and special elections
thereafter, automatic tabulating equipment authorized by this
Section and programmed for a primary, consolidated, general, or
special election conducted pursuant to general election law
shall be programmed using the unique race and candidate ID
numbers assigned by the State Board of Elections. The unique
race and candidate ID numbers will be provided to the county
clerk or election authority, as the case may be, with the
candidate certification prepared by the State Board of
Elections. In addition, any new voting system approved by the
State after the 2014 general election shall have the capability
to export the election results by ballot style and group them
by precinct in an electronic format prescribed by the State
Board of Elections.
(10 ILCS 5/28-8) (from Ch. 46, par. 28-8)
Sec. 28-8. If a referendum held in accordance with Section
28-7 of this Act involved the question of whether a unit of
local government shall become a home rule unit or shall cease
to be a home rule unit and if that referendum passed, then the
clerk of that unit of local government shall, within 45 days
after the referendum, file with the Secretary of State a
certified statement showing the results of the referendum and
the resulting status of the unit of local government as a home
rule unit or a non-home rule unit. The Secretary of State shall
maintain such certified statements in his office as a public
record.
The question of whether a unit of local government shall
become a home rule unit shall be submitted in substantially the
following form:
Shall (name of the unit of local government) become a home
rule unit?
Votes must be recorded as "yes" or "no".
The question of whether a unit of local government shall
cease to be a home rule unit shall be submitted in
substantially the following form:
Shall (name of the unit of local government) cease to be a
home rule unit?
Votes must be recorded as "yes" or "no".
(Source: P.A. 95-699, eff. 11-9-07.)
Section 7. The Illinois Identification Card Act is amended
by changing Section 11 as follows:
(15 ILCS 335/11) (from Ch. 124, par. 31)
Sec. 11. The Secretary may make a search of his records and
furnish information as to whether a person has a current
Standard Illinois Identification Card or an Illinois Person
with a Disability Identification Card then on file, upon
receipt of a written application therefor accompanied with the
prescribed fee. However, the Secretary may not disclose medical
information concerning an individual to any person, public
agency, private agency, corporation or governmental body
unless the individual has submitted a written request for the
information or unless the individual has given prior written
consent for the release of the information to a specific person
or entity. This exception shall not apply to: (1) offices and
employees of the Secretary who have a need to know the medical
information in performance of their official duties, or (2)
orders of a court of competent jurisdiction. When medical
information is disclosed by the Secretary in accordance with
the provisions of this Section, no liability shall rest with
the Office of the Secretary of State as the information is
released for informational purposes only.
The Secretary may release personally identifying
information or highly restricted personal information only to:
(1) officers and employees of the Secretary who have a
need to know that information;
(2) other governmental agencies for use in their
official governmental functions;
(3) law enforcement agencies that need the information
for a criminal or civil investigation; or
(3-5) the State Board of Elections for the sole purpose
of providing the signatures required by a local election
authority to register a voter through an online voter
registration system; or
(4) any entity that the Secretary has authorized, by
rule, to receive this information.
The Secretary may not disclose an individual's social
security number or any associated information obtained from the
Social Security Administration without the written request or
consent of the individual except: (i) to officers and employees
of the Secretary who have a need to know the social security
number in the performance of their official duties; (ii) to law
enforcement officials for a lawful civil or criminal law
enforcement investigation if the head of the law enforcement
agency has made a written request to the Secretary specifying
the law enforcement investigation for which the social security
number is being sought; (iii) under a lawful court order signed
by a judge; or (iv) to the Illinois Department of Veterans'
Affairs for the purpose of confirming veteran status.
(Source: P.A. 97-739, eff. 1-1-13; 97-1064, eff. 1-1-13;
revised 9-5-12.)
Section 10. The Counties Code is amended by changing
Section 3-6001.5 as follows:
(55 ILCS 5/3-6001.5)
Sec. 3-6001.5. Sheriff qualifications. On or after the
effective date of this amendatory Act of the 98th General
Assembly December 1, 1997, except as otherwise provided in this
Section, a person is not eligible to be a candidate for the
office of sheriff, and a person shall not be elected or
appointed to the office of sheriff, unless that person meets
all of the following requirements:
(1) Is a United States citizen.
(2) Has been a resident of the county for at least one
year.
(3) Is not a convicted felon.
(Source: P.A. 90-447, eff. 8-16-97.)
Section 15. The Illinois Municipal Code is amended by
changing Section 3.1-10-5 as follows:
(65 ILCS 5/3.1-10-5) (from Ch. 24, par. 3.1-10-5)
Sec. 3.1-10-5. Qualifications; elective office.
(a) A person is not eligible for an elective municipal
office unless that person is a qualified elector of the
municipality and has resided in the municipality at least one
year next preceding the election or appointment, except as
provided in Section 3.1-20-25, subsection (b) of Section
3.1-25-75, Section 5-2-2, or Section 5-2-11.
(b) A person is not eligible to take the oath of office for
a municipal office if that person is, at the time required for
taking the oath of office, in arrears in the payment of a tax
or other indebtedness due to the municipality or A person is
not eligible for an elective municipal office if that person is
in arrears in the payment of a tax or other indebtedness due to
the municipality or has been convicted in any court located in
the United States of any infamous crime, bribery, perjury, or
other felony.
(b-5) A person is not eligible to hold a municipal office,
if that person is, at any time during the term of office, in
arrears in the payment of a tax or other indebtedness due to
the municipality or has been convicted in any court located in
the United States of any infamous crime, bribery, perjury, or
other felony.
(c) A person is not eligible for the office of alderman of
a ward unless that person has resided in the ward that the
person seeks to represent, and a person is not eligible for the
office of trustee of a district unless that person has resided
in the municipality, at least one year next preceding the
election or appointment, except as provided in Section
3.1-20-25, subsection (b) of Section 3.1-25-75, Section 5-2-2,
or Section 5-2-11.
(d) If a person (i) is a resident of a municipality
immediately prior to the active duty military service of that
person or that person's spouse, (ii) resides anywhere outside
of the municipality during that active duty military service,
and (iii) immediately upon completion of that active duty
military service is again a resident of the municipality, then
the time during which the person resides outside the
municipality during the active duty military service is deemed
to be time during which the person is a resident of the
municipality for purposes of determining the residency
requirement under subsection (a).
(Source: P.A. 97-1091, eff. 8-24-12.)
Section 20. The Revised Cities and Villages Act of 1941 is
amended by changing Sections 21-12, 21-28, 21-30 and 21-32 as
follows:
(65 ILCS 20/21-12) (from Ch. 24, par. 21-12)
Sec. 21-12. City clerk and city treasurer; Election;
Tenure. At the time of election of the mayor there shall be
elected also in a nonpartisan election a city clerk and a city
treasurer. The candidates receiving a majority of the votes
cast for clerk and treasurer at the consolidated primary
election shall be declared the clerk and treasurer. If no
candidate receives a majority of the votes for one of the
offices, a runoff election shall be held at the consolidated
election, when only the names of the candidates receiving the
highest and second highest number of votes for that office at
the consolidated primary election shall appear on the ballot.
If more than one candidate received the highest or second
highest number of votes for one of the offices at the
consolidated primary election, the names of all candidates
receiving the highest and second highest number of votes for
that office shall appear on the ballot at the consolidated
election. The candidate receiving the highest number of votes
at the consolidated election shall be declared elected.
The clerk and treasurer each shall hold office for a term
of 4 years beginning at noon on the third Monday in May
following the election and until a successor is elected and
qualified. No person, however, shall be elected to the office
of city treasurer for 2 terms in succession.
(Source: P.A. 93-847, eff. 7-30-04.)
(65 ILCS 20/21-28) (from Ch. 24, par. 21-28)
Sec. 21-28. Nomination by petition.
(a) All nominations for alderman of any ward in the city
shall be by petition. All petitions for nominations of
candidates shall be signed by such a number of legal voters of
the ward as will aggregate not less than 4% two per cent of all
the votes cast for alderman in such ward at the last preceding
general election. For the election following the redistricting
of wards petitions for nominations of candidates shall be
signed by the number of legal voters of the ward as will
aggregate not less than 4% 2% of the total number of votes cast
for mayor at the last preceding municipal election divided by
the number of wards.
(b) All nominations for mayor, city clerk, and city
treasurer in the city shall be by petition. Each petition for
nomination of a candidate must be signed by at least 12,500
legal voters of the city.
(c) All such petitions, and procedure with respect thereto,
shall conform in other respects to the provisions of the
election and ballot laws then in force in the city of Chicago
concerning the nomination of independent candidates for public
office by petition. The method of nomination herein provided is
exclusive of and replaces all other methods heretofore provided
by law.
(Source: P.A. 94-645, eff. 8-22-05.)
(65 ILCS 20/21-30) (from Ch. 24, par. 21-30)
Sec. 21-30. Form of ballot. Ballots to be used at any
general, supplementary or special election for aldermen held
under the provisions of this article, in addition to other
requirements of law, shall conform to the following
requirements:
(1) At the top of the ballots shall be printed in capital
letters the words designating the ballot. If a general
aldermanic election the words shall be "Official aldermanic
election ballot"; if a supplementary election the designating
words shall be "Official supplementary aldermanic election
ballot"; if a special aldermanic election, the words shall be
"Special aldermanic election ballot."
(2) Beginning not less than one inch below such designating
words and extending across the face of the ballot, the title of
each office to be filled shall be printed in capital letters.
(3) The names of candidates for different terms of service
therein (if any there be), shall be arranged and printed in
groups according to the length of such terms.
(4) Immediately below the title of each office or group
heading indicating the term of office, shall be printed in
small letters the directions to voters, "Vote for one."
(5) Following thereupon shall be printed the names of the
candidates for such office according to the title and the term
thereof and below the name of each candidate shall be printed
his place of residence, stating the street and number (if any).
The names of candidates shall be printed in capital letters not
less than one-eighth nor more than one-quarter of an inch in
height, and immediately at the left of the name of each
candidate shall be printed a square, the sides of which shall
not be less than one-quarter of an inch in length. The names of
all the candidates for each office shall be printed in a column
and arranged in the order hereinafter designated; all names of
candidates shall be printed in uniform type; the places of
residence of such candidates shall be printed in uniform type;
and squares upon said ballots shall be of uniform size; and
spaces between the names of the candidates for the same office
shall be of uniform size.
(6) The names of the candidates for alderman shall appear
upon the ballot in the order in which petitions for nomination
have been filed in the office of the board of election
commissioners. 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 board of election commissioners 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 board of election commissioners. 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 board of election
commissioners, to the Chairman of each political party and to
each organization of citizens within the city which was
entitled, under The Election Code, at the next preceding
election, to have pollwatchers present on the day of election.
The board of election commissioners 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 board
of election commissioners shall adopt rules and regulations
governing the procedures for the conduct of such lottery.
(Source: P.A. 86-867.)
(65 ILCS 20/21-32) (from Ch. 24, par. 21-32)
Sec. 21-32. Party designations prohibited - Ballot to be
separate from other ballots.
No party name, party initial, party circle platform,
principle, appellation or distinguishing mark of any kind shall
be printed upon any election ballot used at any aldermanic
election for mayor, city clerk, city treasurer, or alderman
held under the provisions of this article.
If any party primary election or any election for any
office other than aldermanic shall be held at the same time
with any aldermanic election, the ballots for aldermen shall be
separate from all other ballots, except that any question of
public policy not required by law to be submitted on a separate
ballot from that containing names of persons to be voted for
may be submitted in the manner provided by law upon the same
ballot as that used for an aldermanic election: Provided, that
the polls shall be opened and closed for any aldermanic
election at the same time as is provided for the opening and
closing of any party primary election for any office other than
alderman held at the same time.
(Source: Laws 1941, vol. 2, p. 19.)
Section 25. The School Code is amended by changing Sections
6-2, 6-19, 9-10, 10-10, 32-1, and 32-2.5 as follows:
(105 ILCS 5/6-2) (from Ch. 122, par. 6-2)
Sec. 6-2. Regional board; creation; membership; abolition
and transfer of duties.
(a) There is created a regional board of school trustees
for that territory in each educational service region exclusive
of any school district organized under Article 34 and exclusive
of any school district whose school board has been given the
powers of school trustees; provided that on the effective date
of this amendatory Act of 1992 the regional board of school
trustees theretofore created and existing for any territory in
an educational service region containing 2,000,000 or more
inhabitants is abolished, the terms of office of all members of
the regional board of school trustees so abolished are
terminated on that effective date, and from and after that
effective date all rights, powers, duties, and
responsibilities that were vested in or required by law to be
exercised and performed by the former regional board of school
trustees shall be vested in and exercised and performed by the
successors to the former regional board of school trustees as
provided in subsection (b) of this Section 6-2. Any school
district whose board of education acts as a board of school
trustees shall have within its district the powers and duties
of a regional board of school trustees.
Unless abolished as provided in this Section, the regional
board of school trustees, in both single county and
multi-county educational service regions, shall consist of 7
members. In single county regions not more than one trustee may
be a resident of any one congressional township; however, in
case there are fewer than 7 congressional townships in the
region then not more than two of such trustees may be residents
of the same congressional township. Notwithstanding the
foregoing residency provision, in a single county region with a
population of greater than 750,000 inhabitants, but less than
1,200,000 inhabitants, 2 trustees may be residents of the same
congressional township if and only if such trustees were
elected at the April 9, 2013 consolidated election. In 2 county
regions at least 2 trustees shall be residents of each county.
In 3 or more county regions at least one trustee shall be a
resident of each county. If more than 7 counties constitute the
educational service region, the regional board of school
trustees shall consist of one resident of each county.
The regional board of school trustees shall be a body
politic and corporate by the name of "Regional Board of School
Trustees of.... County (or Counties), Illinois." Such
corporation shall have perpetual existence with power to sue
and be sued and to plead and be impleaded in all courts and
places where judicial proceedings are had.
(b) Upon the abolition of the regional board of school
trustees and the termination of the terms of office of the
members of that former regional board of school trustees in an
educational service region containing 2,000,000 or more
inhabitants as provided in subsection (a), the trustees of
schools of each township included within the territory of that
educational service region that was served by the former
regional board of school trustees, or if any such township is a
township referred to in subsection (b) of Section 5-1 and there
are no trustees of schools acting in that township then the
school board of each school district located in that township,
shall be the successors to the former regional board of school
trustees. As successors to the former regional board of school
trustees, the trustees of schools of each such township and the
school board of each such school district, with respect to all
territory included within the school township or school
district served by the trustees of schools of the township or
school board, shall be vested with and shall exercise and
perform all rights, powers, duties, and responsibilities
formerly held, exercised, and performed with respect to that
territory by the regional board of school trustees abolished
under subsection (a) of this Section.
Upon abolition of the regional board of school trustees in
an educational service region having 2,000,000 or more
inhabitants as provided in subsection (a) of this Section, all
books, records, maps, papers, documents, equipment, supplies,
accounts, deposits, and other personal property belonging to or
subject to the control or disposition of the former regional
board of school trustees (excepting only such items as may have
been provided by the county board) shall be transferred and
delivered to the trustees of schools of the townships and the
school boards that are the successors to the former regional
board of school trustees for the territory included within
their respective school townships or school districts.
From and after the effective date of this amendatory Act of
1992, any reference in the School Code or any other law of this
State to the regional board of school trustees or county board
of school trustees shall mean, with respect to all territory
within an educational service region containing 2,000,000 or
more inhabitants that formerly was served by a regional board
of school trustees abolished under subsection (a) of this
Section, the trustees of schools of the township or the school
board of the school district that is the successor to the
former regional board of school trustees with respect to the
territory included within that school township or school
district.
(Source: P.A. 87-969.)
(105 ILCS 5/6-19) (from Ch. 122, par. 6-19)
Sec. 6-19. Vacancy on regional board. Subject to the
residency provisions in Section 6-2 of this Code, any Any
vacancy on the regional board of school trustees shall be
filled from the same territory by the remaining members until
the next regular election for members of the regional board of
school trustees, when the vacancy shall be filled for the
unexpired time. Removal of a member from the township from
which such member was elected into a township which has its
quota of members on the board shall constitute a vacancy.
(Source: P.A. 80-1469.)
(105 ILCS 5/9-10) (from Ch. 122, par. 9-10)
Sec. 9-10. Candidates for office - Nominating petitions.
Candidates for the office of school director shall be nominated
by petition signed by at least 25 voters or 5% of the voters,
whichever is less, residing within the district and filed with
the county clerk or the county board of election commissioners,
as the case may be, of the county in which the principal office
of the school district is located secretary of the board of
school directors or with a person designated by the board to
receive nominating petitions.
Nominations for members of boards of education, including
non-high school boards of education shall be made by a petition
signed by at least 50 voters or 10% of the voters, whichever is
less, residing within the district and shall be filed with the
county clerk or the county board of election commissioners, as
the case may be, of the county in which the principal office of
the school district is located secretary of the board of
education or with a person designated by the board to receive
nominating petitions. In addition to the requirements of the
general election law, the form of such petitions shall be
substantially as follows:
NOMINATING PETITIONS
(LEAVE OUT THE INAPPLICABLE PART.)
To the (County Clerk or County Board of Election
Commissioners) secretary of the board of education (or board of
directors) of district number .... of in .... County:
We the undersigned, being (.... or more) (or 10% or more)
(or 5% or more) of the voters residing within said district,
hereby petition that .... who resides at .... in the (city or
village) of .... in Township .... (or who resides outside any
city, village or incorporated town and in Township ....) in
said district shall be a candidate for the office of .... of
the board of education (or board of directors) (full term)
(vacancy) to be voted for at the election to be held on (insert
date).
Name: .................. Address: ...................
In the designation of the name of a candidate on a petition
for nomination, 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, then (i) the candidate's name
on the petition 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
must be accompanied by the candidate's affidavit stating the
candidate's previous names during the period specified in
clause (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, 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, as defined by Section 7-17 of the
Election Code, 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.
Nomination papers filed under this Section are not valid
unless the candidate named therein files with the county clerk
or the county board of election commissioners, as the case may
be, of the county in which the principal office of the school
district is located secretary of the board of education or a
person designated by the board to receive nominating petitions
a receipt from the county clerk showing that the candidate has
filed a statement of economic interests as required by the
Illinois Governmental Ethics Act. Such receipt shall be so
filed either previously during the calendar year in which his
nomination papers were filed or within the period for the
filing of nomination papers in accordance with the general
election law.
All petitions for the nomination of members of a board of
education shall be filed with the county clerk or the county
board of election commissioners, as the case may be, of the
county in which the principal office of the school district is
located secretary of the board or a person designated by the
board to receive nominating petitions within the time provided
for by the general election law. The county clerk or the county
board of election commissioners secretary shall receive and
file only those petitions which include a statement of
candidacy, the required number of voter signatures, the
notarized signature of the petition circulator and a receipt
from the County Clerk showing that the candidate has filed a
statement of economic interest on or before the last day to
file as required by the Illinois Governmental Ethics Act. The
county clerk or the county board of election commissioners
secretary may have petition forms available for issuance to
potential candidates, and may give notice of the petition
filing period by publication in a newspaper of general
circulation within the school district not less than 10 days
prior to the first day of filing. The county clerk or the
county board of election commissioners Said secretary shall
make certification to the proper election authorities in
accordance with the general election law. If the secretary is
an incumbent school board member seeking re-election, a
disinterested person must be a witness to the filing of his
petition.
The county clerk or the county board of election
commissioners, as the case may be, of the county in which the
principal office of the school district is located secretary of
the board of education shall notify the candidates for whom a
petition for nomination is filed or the appropriate committee
of the obligations under the Campaign Financing Act as provided
in the general election law. Such notice shall be given on a
form prescribed by the State Board of Elections and in
accordance with the requirements of the general election law.
The county clerk or county board of election commissioners
secretary shall within 7 days of filing or on the last day for
filing, whichever is earlier, acknowledge to the petitioner in
writing the office's his acceptance of the petition.
A candidate for membership on the board of education or for
office as a school director, who has petitioned for nomination
to fill a full term and to fill a vacant term to be voted upon
at the same election, must withdraw his or her petition for
nomination from either the full term or the vacant term by
written declaration.
In all newly organized districts the petition for the
nomination of candidates for members of the board of education
at the first election shall be addressed to and filed with the
regional superintendent of schools in the manner herein
specified for the petitions for members of a board of
education. For such election the regional superintendent shall
fulfill all duties otherwise assigned to the secretary of the
board of education.
(Source: P.A. 95-141, eff. 8-13-07.)
(105 ILCS 5/10-10) (from Ch. 122, par. 10-10)
Sec. 10-10. Board of education; Term; Vacancy. All school
districts having a population of not fewer than 1,000 and not
more than 500,000 inhabitants, as ascertained by any special or
general census, and not governed by special Acts, shall be
governed by a board of education consisting of 7 members,
serving without compensation except as herein provided. Each
member shall be elected for a term of 4 years for the initial
members of the board of education of a combined school district
to which that subsection applies. If 5 members are elected in
1983 pursuant to the extension of terms provided by law for
transition to the consolidated election schedule under the
general election law, 2 of those members shall be elected to
serve terms of 2 years and 3 shall be elected to serve terms of
4 years; their successors shall serve for a 4 year term. When
the voters of a district have voted to elect members of the
board of education for 6 year terms, as provided in Section
9-5, the terms of office of members of the board of education
of that district expire when their successors assume office but
not later than 7 days after such election. If at the regular
school election held in the first odd-numbered year after the
determination to elect members for 6 year terms 2 members are
elected, they shall serve for a 6 year term; and of the members
elected at the next regular school election 3 shall serve for a
term of 6 years and 2 shall serve a term of 2 years. Thereafter
members elected in such districts shall be elected to a 6 year
term. If at the regular school election held in the first
odd-numbered year after the determination to elect members for
6 year terms 3 members are elected, they shall serve for a 6
year term; and of the members elected at the next regular
school election 2 shall serve for a term of 2 years and 2 shall
serve for a term of 6 years. Thereafter members elected in such
districts shall be elected to a 6 year term. If at the regular
school election held in the first odd-numbered year after the
determination to elect members for 6 year terms 4 members are
elected, 3 shall serve for a term of 6 years and one shall
serve for a term of 2 years; and of the members elected at the
next regular school election 2 shall serve for terms of 6 years
and 2 shall serve for terms of 2 years. Thereafter members
elected in such districts shall be elected to a 6 year term. If
at the regular school election held in the first odd-numbered
year after the determination to elect members for a 6 year term
5 members are elected, 3 shall serve for a term of 6 years and 2
shall serve for a term of 2 years; and of the members elected
at the next regular school election 2 shall serve for terms of
6 years and 2 shall serve for terms of 2 years. Thereafter
members elected in such districts shall be elected to a 6 year
term. An election for board members shall not be held in school
districts which by consolidation, annexation or otherwise
shall cease to exist as a school district within 6 months after
the election date, and the term of all board members which
would otherwise terminate shall be continued until such
district shall cease to exist. Each member, on the date of his
or her election, shall be a citizen of the United States of the
age of 18 years or over, shall be a resident of the State and
the territory of the district for at least one year immediately
preceding his or her election, shall be a registered voter as
provided in the general election law, shall not be a school
trustee, and shall not be a child sex offender as defined in
Section 11-9.3 of the Criminal Code of 2012. When the board of
education is the successor of the school directors, all rights
of property, and all rights regarding causes of action existing
or vested in such directors, shall vest in it as fully as they
were vested in the school directors. Terms of members are
subject to Section 2A-54 of the Election Code.
Nomination papers filed under this Section are not valid
unless the candidate named therein files with the county clerk
or the county board of election commissioners, as the case may
be, of the county in which the principal office of the school
district is located secretary of the board of education or with
a person designated by the board to receive nominating
petitions a receipt from the county clerk showing that the
candidate has filed a statement of economic interests as
required by the Illinois Governmental Ethics Act. Such receipt
shall be so filed either previously during the calendar year in
which his nomination papers were filed or within the period for
the filing of nomination papers in accordance with the general
election law.
Whenever a vacancy occurs, the remaining members shall
notify the regional superintendent of that vacancy within 5
days after its occurrence and shall proceed to fill the vacancy
until the next regular school election, at which election a
successor shall be elected to serve the remainder of the
unexpired term. However, if the vacancy occurs with less than
868 days remaining in the term, or if the vacancy occurs less
than 88 days before the next regularly scheduled election for
this office then the person so appointed shall serve the
remainder of the unexpired term, and no election to fill the
vacancy shall be held. Should they fail so to act, within 45
days after the vacancy occurs, the regional superintendent of
schools under whose supervision and control the district is
operating, as defined in Section 3-14.2 of this Act, shall
within 30 days after the remaining members have failed to fill
the vacancy, fill the vacancy as provided for herein. Upon the
regional superintendent's failure to fill the vacancy, the
vacancy shall be filled at the next regularly scheduled
election. Whether elected or appointed by the remaining members
or regional superintendent, the successor shall be an
inhabitant of the particular area from which his or her
predecessor was elected if the residential requirements
contained in Section 10-10.5 or 12-2 of this Code apply.
A board of education may appoint a student to the board to
serve in an advisory capacity. The student member shall serve
for a term as determined by the board. The board may not grant
the student member any voting privileges, but shall consider
the student member as an advisor. The student member may not
participate in or attend any executive session of the board.
(Source: P.A. 96-538, eff. 8-14-09; 97-1150, eff. 1-25-13.)
(105 ILCS 5/32-1) (from Ch. 122, par. 32-1)
Sec. 32-1. May vote to organize under general law.
(a) Any special charter district may, by vote of its
electors, cease to control its school under the Act under which
it was organized, and become part of the school township or
townships in which it is situated. Upon petition of 50 voters
of the district, presented to the board having the control and
management of the schools, the board shall order submitted to
the voters at an election to be held in the district, in
accordance with the general election law, the question of
"organizing under the general school law". The secretary of the
board shall make certification to the proper election authority
in accordance with the general election law. If, however, a
majority of the votes cast at any such election in any school
district subject to Sections 32-3 through 32-4.11 is against
organizing the district under the general school law, the
question may not again be submitted in the district for 22
months thereafter, and then only upon petition signed by at
least 2% of the voters of the school district. Notice shall be
given in accordance with the general election law, which notice
shall be in the following form:
NOTICE OF REFERENDUM
Notice is hereby given that on (insert date), a referendum
will be held at.... for the purpose of deciding the question of
organizing under the general school law. The polls will be
opened at .... o'clock ..m and closed at .... o'clock ..m.
Signed .....
If a majority of the votes cast on the proposition is in
favor of organizing under the general school law, then the
board having the control and management of schools in the
district, shall declare the proposition carried.
When such a proposition is declared to have so carried, the
board of education shall continue to exercise its powers and
duties under the general school law. Each member of the board
of education selected under the provisions of the special
charter shall continue in office until his term has expired.
Before the term of each of these members expires, the board
shall give notice of an election to be held on the date of the
next regular school election, in accordance with the general
election law to fill the vacancy which is created. Nomination
papers filed under this Section are not valid unless the
candidate named therein files with the county clerk or the
county board of election commissioners, as the case may be, of
the county in which the principal office of the school district
is located secretary of the board of education a receipt from
the county clerk showing that the candidate has filed a
statement of economic interests as required by the Illinois
Governmental Ethics Act. Such receipt shall be so filed either
previously during the calendar year in which his nomination
papers were filed or within the period for the filing of
nomination papers in accordance with the general election law.
(b) Notwithstanding the foregoing, any special charter
district whose board is appointed by the mayor or other
corporate authority of that municipality may, by resolution
adopted by the corporate authorities of that municipality cease
to control its school under the Act under which it was
organized, become a part of the school township or townships in
which it is situated and become organized under the general
school law. If such a resolution is adopted, the board of
education shall continue to exercise its powers and duties
under the general school law. Each member of the board of
education selected under the provisions of the special charter
shall continue in office until his term has expired. Before the
term of each of these members expires, the board shall give
notice of an election to be held on the date of the next
regular school election, in accordance with the general
election law to fill the vacancy which is created.
(Source: P.A. 91-357, eff. 7-29-99.)
(105 ILCS 5/32-2.5) (from Ch. 122, par. 32-2.5)
Sec. 32-2.5. Election of board of education in lieu of
appointive board. In all special charter districts having a
population of over 35,000 by the last federal census, where the
board of directors or board of education is elected or
appointed by the city council of the city, of which school
district such city may form the whole or a part, and where
there are no provisions in the special charter creating such
school district for the election of a board of directors or
board of education, there shall be elected in lieu of the
present governing body a board of education to consist of 7
members. Nomination of a candidate for member of the board of
education shall be made by petitions signed in the aggregate by
not less than 200 qualified voters residing in the school
district, and also by filing with the petitions a statement of
candidacy as provided in the general election law, which
petitions and statements of candidacy shall be filed in the
office of the board of education in accordance with the general
election law.
Nomination papers filed under this Section are not valid
unless the candidate named therein files with the county clerk
or the county board of election commissioners, as the case may
be, of the county in which the principal office of the school
district is located secretary of the board of education a
receipt from the county clerk showing that the candidate has
filed a statement of economic interests as required by the
Illinois Governmental Ethics Act. Such receipt shall be so
filed either previously during the calendar year in which his
nomination papers were filed or within the period for the
filing of nomination papers in accordance with the general
election law.
The county clerk or the county board of election
commissioners secretary of the board shall make certification
to the proper election authority in accordance with the general
election law.
(Source: P.A. 81-1490.)
Section 30. The Fox Waterway Agency Act is amended by
changing Section 5 as follows:
(615 ILCS 90/5) (from Ch. 19, par. 1205)
Sec. 5. The Agency shall be governed by a Board of
Directors, which shall consist of 6 directors and one chairman
elected pursuant to this Section.
Three directors shall be elected from within the territory
of each member county. Any resident of a member county and the
territory of the Agency, at least 18 years of age, may become a
candidate for election as a director by filing a nominating
petition with the State Board of Elections containing the
verified signatures of at least 200 of the registered voters of
such county who reside within the territory of the Agency. Such
petition shall be filed not more than 113 78 nor less than 106
71 days prior to the date of election.
The chairman shall be elected at large from the territory
of the Agency. Any person eligible to become a candidate for
election as director may become a candidate for election as
chairman by filing a nominating petition with the State Board
of Elections containing the verified signatures of at least 200
of the registered voters of each member county who reside
within the territory of the Agency. Such petition shall be
filed not more than 113 78 nor less than 106 71 days prior to
the date of the election.
Within 7 days after each consolidated election at which the
chairman is elected, the county clerk of each member county
shall transmit the returns for the election to the office of
chairman to the State Board of Elections. The State Board of
Elections shall immediately canvass the returns and proclaim
the results thereof and shall issue a certificate of election
to the person so elected.
Beginning in 1985, the directors and chairman shall be
elected at the consolidated election and shall serve from the
third Monday in May following their respective elections until
their respective successors are elected and qualified. The term
of office of a director shall be for 4 years, except that of
the directors elected at the consolidated election of 1985, 3
shall serve until the first Monday in May 1987 and 3 shall
serve until the first Monday in May 1989. The term of office of
a chairman shall be 4 years.
At least 90 days before the consolidated election of 1985
the State Board of Elections shall meet to determine by lot
which 3 director positions shall be elected for terms to expire
on the first Monday in May 1987 and which 3 director positions
shall be elected for terms to expire on the first Monday in May
1989. At least one director position from each member county
shall be elected for a term to expire on the first Monday in
May 1987.
The county clerks of the member counties shall provide
notice of each election for chairman and director in the manner
prescribed in Article 12 of The Election Code, with the notice
of the elections to be held at the consolidated election of
1985 to include a statement as to whether the director is to be
elected for a term of 2 years or for a term of 4 years.
A chairman shall be elected at the consolidated election of
1985 and at each consolidated election every 4 years
thereafter. Six directors shall be elected at the consolidated
election of 1985. At the consolidated election of 1987, and at
each consolidated election every 4 years thereafter, directors
shall be elected from the constituencies of the directors who
were elected at the consolidated election of 1985 and whose
terms expired on the first Monday in May 1987. At the
consolidated election of 1989, and at each consolidated
election every 4 years thereafter, directors shall be elected
from the constituencies of the directors who were elected at
the consolidated election of 1985 and whose terms expired on
the first Monday in May 1989.
Vacancies in the office of director or chairman shall be
filled by the remaining members of the Board, who shall appoint
to fill the vacated office for the remainder of the term of
such office an individual who would be eligible for election to
such office. If, however, a vacancy occurs in the office of
chairman or director with at least 28 months remaining in the
term of such office, the office shall be filled for the
remainder of the term at the next consolidated election. Until
the office is filled by election, the remaining members of the
Board shall appoint a qualified person to the office in the
manner provided in this Section.
(Source: P.A. 93-847, eff. 7-30-04.)
Section 35. The Illinois Vehicle Code is amended by
changing Section 6-110.1 as follows:
(625 ILCS 5/6-110.1)
Sec. 6-110.1. Confidentiality of captured photographs or
images. The Secretary of State shall maintain a file on or
contract to file all photographs and signatures obtained in the
process of issuing a driver's license, permit, or
identification card. The photographs and signatures shall be
confidential and shall not be disclosed except to the following
persons:
(1) the individual upon written request;
(2) officers and employees of the Secretary of State
who have a need to have access to the stored images for
purposes of issuing and controlling driver's licenses,
permits, or identification cards;
(3) law enforcement officials for a lawful civil or
criminal law enforcement investigation; or
(3-5) the State Board of Elections for the sole purpose
of providing the signatures required by a local election
authority to register a voter through an online voter
registration system; or
(4) other entities that the Secretary may exempt by
rule.
(Source: P.A. 92-16, eff. 6-28-01.)
Section 97. Severability. The provisions of this Act are
severable under Section 1.31 of the Statute on Statutes.
feedback