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Public Act 098-0115
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HB2418 Enrolled | LRB098 07643 HLH 37715 b |
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AN ACT concerning elections.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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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:
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(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 |
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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.
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(10 ILCS 5/1A-16)
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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
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this Code.
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(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 |
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State Board of Elections shall post on its World Wide Web
site |
the following information:
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(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.
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(2) A schedule of upcoming elections and the deadline |
for voter
registration.
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(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.
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Any forms described under paragraph (3) must state the |
following:
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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
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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
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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.
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(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:
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(1) postmarked on or before the day that voter |
registration is closed
under
the Election Code;
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(2) not postmarked, but arrives no later than 5 days |
after the close
of registration;
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(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
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(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.
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Upon the receipt of a registration form, the State Board of |
Elections shall
mark
the date on which the form was received
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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.
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(c) Processing of registration forms by county clerks and |
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boards of election
commissioners. The county clerk or board of |
election commissioners shall
promulgate procedures for |
processing the voter registration form.
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(d) Contents of the voter registration form. The State |
Board shall create
a voter registration form, which must |
contain the following content:
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(1) Instructions for completing the form.
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(2) A summary of the qualifications to register to vote |
in Illinois.
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(3) Instructions for mailing in or submitting the form |
in person.
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(4) The phone number for the State Board of Elections |
should a person
submitting the form have questions.
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(5) A box for the person to check that explains one of |
3 reasons for
submitting the form:
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(a) new registration;
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(b) change of address; or
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(c) change of name.
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(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.".
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(7) A space for the person to fill in his or her home |
telephone
number.
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(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.
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(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.
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(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.
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(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.
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(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.
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(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.
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(14) A space where the person swears or affirms the |
following under
penalty of perjury with his or her |
signature:
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(a) "I am a citizen of the United States.";
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(b) "I will be at least 18 years old on or before |
the next election.";
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(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
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"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."
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(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,
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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
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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.
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(e) Forms available in paper form. The State Board of |
Elections shall make
the voter registration form available in |
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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
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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
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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
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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.
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(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
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the opportunity for all Illinois citizens to register to vote. |
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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
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registration in Illinois.
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(Source: P.A. 94-492, eff. 1-1-06; 94-645, eff. 8-22-05; |
95-331, eff. 8-21-07.)
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(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' |
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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 |
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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 |
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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 |
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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 |
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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 |
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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.
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(10 ILCS 5/1A-25) |
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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.
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(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.
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(3) The centralized statewide voter registration list |
shall:
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(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.
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(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.
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(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.
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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 |
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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.
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(Source: P.A. 94-136, eff. 7-7-05; 94-645, eff. 8-22-05; |
95-331, eff. 8-21-07.)
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(10 ILCS 5/4-8) (from Ch. 46, par. 4-8)
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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.
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The registration record card shall contain the following |
and such
other information as the county clerk may think it |
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proper to require for
the identification of the applicant for |
registration:
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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.
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Sex.
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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
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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.
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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.
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Nativity. The state or country in which the applicant was |
born.
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Citizenship. Whether the applicant is native born or |
naturalized. If
naturalized, the court, place, and date of |
naturalization.
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Date of application for registration, i.e., the day, month |
and year
when applicant presented himself for registration.
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Age. Date of birth, by month, day and year.
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Physical disability of the applicant, if any, at the time |
of
registration, which would require assistance in voting.
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The county and state in which the applicant was last |
registered.
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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.
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Signature of deputy registrar or officer of registration.
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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:
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Father's first name.
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Mother's first name.
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From what address did the applicant last register?
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Reason for inability to sign name.
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Each applicant for registration shall make an affidavit in
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substantially the following form:
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AFFIDAVIT OF REGISTRATION
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STATE OF ILLINOIS
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COUNTY OF .......
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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.
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..............................
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(His or her signature or mark)
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Subscribed and sworn to before me on (insert date).
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..................................
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Signature of registration officer.
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(To be signed in presence of registrant.)
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Space shall be provided upon the face of each registration |
record
card for the notation of the voting record of the person |
registered
thereon.
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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.
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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
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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 |