Bill Text: IL SB2123 | 2023-2024 | 103rd General Assembly | Chaptered


Bill Title: Amends the Illinois Constitutional Amendment Act. Provides that at least 2 months before the next election of members of the General Assembly, following the passage of a proposed amendment, the Secretary of State shall publish the amendment in a specified number of newspapers of general circulation in every county in the State in which a newspaper is published and its digital equivalent (instead of only newspapers of general circulation in every county in the State in which a newspaper is published). Provides that at the election, a proposed amendment and explanation shall be printed on the top of the ballot preceding all nominations of any political party (instead of upon a separate ballot). Amends the Election Code. In provisions concerning the Public Financing of Judicial Elections Task Force, provides that the Task Force shall complete its study no later than June 30, 2024 (rather than 2023), and the provisions are repealed July 1, 2025 (rather than 2024). Creates the Ranked-Choice and Voting Systems Task Force to review voting systems and the methods of voting, including ranked-choice voting, that could be authorized by law. Provides that on or before March 1, 2024, the Task Force shall publish a final report of its findings and recommendations. Sets forth provisions concerning the Task Force duties, membership, and report of findings and recommendations. Sets forth provisions concerning representatives of the Secretary of State attending citizen naturalization ceremonies at the District Courts to provide registration information and to register any person at the ceremony who wishes to register to vote, as allowed by the District Courts. Provides that a person who is otherwise qualified to vote may preregister to vote on or after that person's 16th birthday, with the registration held in abeyance by the appropriate election authority until that individual attains the required age to vote. Makes changes concerning when a county convention shall occur and when certain appointments to fill a vacancy in the office of precinct committeeperson shall be made. In provisions relating to the receipt of the certificate of nomination, nomination papers, or proposed question of public policy and an objector's petition by the electoral board, provides that the chair of the electoral board shall also send a call (as well as a certified copy of its ruling with other specified documents) by registered or certified mail to the election authority to whom the ballot is certified and to the appropriate county clerk. Provides that if, within the 10 days before any election, an election authority changes a polling location, the election authority shall send notice by electronic mail or phone call to the township committeeperson, ward committeeperson, or precinct committeepersons, as applicable, as soon as the location of the polling place is changed. In provisions concerning vote centers, provides that the provisions are repealed on July 1, 2029 (rather than July 1, 2023) and provides that election authorities may establish more than one vote center, but in jurisdictions with a population of more than 500,000 inhabitants, the election authority shall establish at least 2 vote centers, one of which must provide curbside voting. Makes changes concerning notification by an election authority of the option for permanent vote by mail status. Makes changes concerning application for a vote by mail ballot language. Provides that a petition filed for discovery recount shall be accompanied by the payment of a fee of $50 (rather than $10) per precinct specified. Removes provisions concerning sponsoring entities. Makes conforming and other changes. Amends the Metropolitan Pier and Exposition Authority Act. Provides that a mayor of a municipality with a population of over 500,000 shall not have the authority to make an appointment to the Metropolitan Pier and Exposition Board for the last 45 days of his or her term, retroactive to April 1, 2023, except if that mayor's re-election is certified by the relevant election authority. Amends the Park District Code. Provides that, if a district board's membership has been expanded or reduced by referendum or resolution, the additional members will be elected not earlier than 197 days (rather than 60 days) after the referendum or resolution and a reduction of board members will not affect the terms of any commissioners holding office at the time of the referendum or to be elected within 197 (rather than 60) days after the referendum. Provides that, if the terms of a district's board members have increased or decreased after referendum or resolution, the terms will commence with the first regular park district election at least 197 days (rather than 60 days) after the date on which the terms were increased or reduced by referendum or resolution. Amends the School Code to provide that November 5, 2024 shall be a State holiday known as 2024 General Election Day. Makes other changes. Effective immediately, except that certain provisions are effective January 1, 2024.

Spectrum: Partisan Bill (Democrat 36-0)

Status: (Passed) 2023-08-04 - Public Act . . . . . . . . . 103-0467 [SB2123 Detail]

Download: Illinois-2023-SB2123-Chaptered.html



Public Act 103-0467
SB2123 EnrolledLRB103 26875 AWJ 53239 b
AN ACT concerning government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Constitutional Amendment Act is
amended by changing Sections 2 and 4 as follows:
(5 ILCS 20/2) (from Ch. 1, par. 103)
Sec. 2. (a) The General Assembly in submitting an
amendment to the Constitution to the electors, or the
proponents of an amendment to Article IV of the Constitution
submitted by petition, shall prepare a brief explanation of
such amendment, a brief argument in favor of the same, and the
form in which such amendment will appear on the separate
ballot as provided by Section 16-6 of the Election Code, as
amended. The minority of the General Assembly, or if there is
no minority, anyone designated by the General Assembly shall
prepare a brief argument against such amendment. The
explanation, the arguments for and against each constitutional
amendment, and the form in which the amendment will appear on
the separate ballot shall be approved by a joint resolution of
the General Assembly and filed in the office of the Secretary
of State with the proposed amendment.
(b) In the case of an amendment to Article IV of the
Constitution initiated pursuant to Section 3 of Article XIV of
the Constitution, the proponents shall be those persons so
designated at the time of the filing of the petition as
provided in Section 10-8 of the Election Code, and the
opponents shall be those members of the General Assembly
opposing such amendment, or if there are none, anyone
designated by the General Assembly and such opponents shall
prepare a brief argument against such amendment. The
proponent's explanation and argument in favor of and the
opponent's opponents argument against an amendment to Article
IV initiated by petition must be submitted to the Attorney
General, who may rewrite them for accuracy and fairness. The
explanation, the arguments for and against each constitutional
amendment, and the form in which the amendment will appear on
the separate ballot shall be filed in the office of the
Secretary of State with the proposed amendment.
(c) At least 2 months before the next election of members
of the General Assembly, following the passage of the proposed
amendment, the Secretary of State shall publish the amendment,
in full in 8 point type, or the equivalent thereto, in at least
one secular newspaper of general circulation in every county
in this State in which a newspaper is published and its digital
equivalent. In counties in which 2 or more newspapers are
published, the Secretary of State shall cause such amendment
to be published in 2 newspapers and their digital equivalent.
In counties having a population of 500,000 or more, such
amendment shall be published in not less than 6 newspapers of
general circulation and their digital equivalent. After the
first publication, the publication of such amendment shall be
repeated once each week for 2 consecutive weeks. In selecting
newspapers in which to publish such amendment the Secretary of
State shall have regard solely to the circulation of such
newspapers, selecting secular newspapers in every case having
the largest circulation. The proposed amendment shall have a
notice prefixed thereto in said publications, that at such
election the proposed amendment will be submitted to the
electors for adoption or rejection, and at the end of the
official publication, he shall also publish the form in which
the proposed amendment will appear on the separate ballot. The
Secretary of State shall fix the publication fees to be paid to
newspapers for making such publication, but in no case shall
such publication fee exceed the amount charged by such
newspapers to private individuals for a like publication.
(d) In addition to the notice hereby required to be
published, the Secretary of State shall also cause the
existing form of the constitutional provision proposed to be
amended, the proposed amendment, the explanation of the same,
the arguments for and against the same, and the form in which
such amendment will appear on the separate ballot, to be
published in pamphlet form in 8 point type or the equivalent
thereto in English, in additional languages as required by
Section 203 of Title III of the federal Voting Rights Act of
1965, and in braille. The Secretary of State shall publish the
pamphlet on the Secretary's website in a downloadable,
printable format and maintain a reasonable supply of printed
pamphlets to be available upon request. The Secretary of State
shall publish an audio version of the pamphlet, which shall be
available for playback on the Secretary's website and made
available to any individual or entity upon request.
(e) Except as provided in subsection (f), the Secretary of
State shall mail such pamphlet to every mailing address in the
State, addressed to the attention of the Postal Patron. He
shall also maintain a reasonable supply of such pamphlets so
as to make them available to any person requesting one.
(f) For any proposed constitutional amendment appearing on
the ballot for the general election on November 8, 2022, the
Secretary of State, in lieu of the requirement in subsection
(e) of this Act, shall mail a postcard to every mailing address
in the State advising that a proposed constitutional amendment
will be considered at the general election. The postcard shall
include a URL to the Secretary of State's website that
contains the information required in subsection (d).
(Source: P.A. 102-699, eff. 4-19-22.)
(5 ILCS 20/4) (from Ch. 1, par. 106)
Sec. 4. At the election, the proposed amendment and
explanation shall be printed on the top of the "Official
Ballot" preceding all nominations of any political party upon
a single the separate ballot in accordance with the provisions
of Section 16-6 of the Election Code "An Act concerning
elections," approved May 11, 1943, as amended.
(Source: Laws 1949, p. 18.)
Section 10. The Election Code is amended by changing
Sections 1-19, 1-21, 1A-25, 3-6, 4-6.2, 5-16.2, 6-50.2, 7-8,
7-9, 9-3, 10-9, 10-10, 11-4, 11-8, 12-4, 16-3, 16-6, 19-2.5,
19-3, 19-5, 19-8, 22-9.1, and 23-23 and by adding Sections
1-23, 1-24, 1-25 as follows:
(10 ILCS 5/1-19)
(Section scheduled to be repealed on January 1, 2024)
Sec. 1-19. Access to Voting for Persons with Disabilities
Advisory Task Force.
(a) The Access to Voting for Persons with Disabilities
Advisory Task Force is hereby created to review current laws
and make recommendations to improve access to voting for
persons with disabilities. Members of the Task Force shall be
appointed as follows:
(1) Three members appointed by the Governor, one of
whom shall serve as chair, and at least one with
experience representing or working with persons with
physical disabilities and one with experience representing
or working with person with neurological or mental
disabilities;
(2) Three members appointed by the President of the
Senate, including at least one attorney with election law
experience;
(3) Three members appointed by the Senate Minority
Leader, including at least one attorney with election law
experience;
(4) Three members appointed by the Speaker of the
House of Representatives, including at least one attorney
with election law experience;
(5) Three members appointed by the Minority Leader of
the House of Representatives, including at least one
attorney with election law experience.
(b) The Task Force shall hold a minimum of 4 meetings. No
later than August 1, 2022, the Task Force shall produce and the
State Board of Elections shall publish on its website a report
with a summary of the laws and resources available for persons
with disabilities seeking to exercise their right to vote. The
Task Force shall produce a report with recommendations for
changes to current law or recommendations for election
authorities submit the report to the Governor and General
Assembly no later than December 15, 2022.
(c) The Members shall serve without compensation. If a
vacancy occurs on the Task Force, it shall be filled according
to the guidelines of the initial appointment. At the
discretion of the chair, additional individuals may
participate as non-voting members in the meetings of the Task
Force.
(d) The State Board of Elections shall provide staff and
administrative support to the Task Force.
(e) This Section is repealed on July 1, 2025 January 1,
2024.
(Source: P.A. 102-668, eff. 11-15-21.)
(10 ILCS 5/1-21)
(Section scheduled to be repealed on July 1, 2024)
Sec. 1-21. Public Financing of Judicial Elections Task
Force.
(a) The Public Financing of Judicial Elections Task Force
is hereby created for the purposes described in subsection
(b). Members of the Task Force shall be appointed as follows:
(1) one member appointed by the Governor;
(2) one member appointed by the Attorney General;
(3) 2 members appointed by the President of the
Senate;
(4) 2 members appointed by the Speaker of the House of
Representatives;
(5) 2 members appointed by the Minority Leader of the
Senate; and
(6) 2 members appointed by the Minority Leader of the
House of Representatives.
(b) The Task Force shall study the feasibility of
implementing a system of campaign finance that would allow
public funds to be used to subsidize campaigns for candidates
for judicial office in exchange for voluntary adherence by
those campaigns to specified expenditure limitations. In
conducting its study, the Task Force shall consider whether
implementing such a system of public financing is in the best
interest of the State. The Task Force may propose one or more
funding sources for the public financing of judicial
elections, including, but not limited to, fines, voluntary
contributions, surcharges on lobbying activities, and a
whistleblower fund. The Task Force shall consider the
following factors:
(1) the amount of funds raised by past candidates for
judicial office;
(2) the amount of funds expended by past candidates
for judicial office;
(3) the disparity in the amount of funds raised by
candidates for judicial office of different political
parties;
(4) the amount of funds expended with respect to
campaigns for judicial office by entities not affiliated
with a candidate;
(5) the amount of money contributed to or expended by
a committee of a political party to promote a candidate
for judicial office;
(6) jurisprudence concerning campaign finance and
public financing of political campaigns, both for judicial
office and generally; and
(7) any other factors that the Task Force determines
are related to the public financing of elections in this
State.
The Task Force shall also suggest changes to current law
that would be necessary to facilitate public financing of
candidates for judicial office.
(c) The Task Force shall complete its study no later than
June 30, 2024 2023 and shall report its findings to the
Governor and the General Assembly as soon as possible after
the study is complete.
(d) The members shall serve without compensation but may
be reimbursed for their expenses incurred in performing their
duties. If a vacancy occurs on the Task Force, it shall be
filled according to the guidelines of the initial appointment.
(e) The State Board of Elections shall provide staff and
administrative support to the Task Force.
(f) As used in this Section, "judicial office" means
nomination, election, or retention to the Supreme Court, the
Appellate Court, or the Circuit Court.
(g) This Section is repealed on July 1, 2025 2024.
(Source: P.A. 102-909, eff. 5-27-22.)
(10 ILCS 5/1-23 new)
Sec. 1-23. Ranked-Choice and Voting Systems Task Force.
(a) The Ranked-Choice and Voting Systems Task Force is
created. The purpose of the Task Force is to review voting
systems and the methods of voting, including ranked-choice
voting, that could be authorized by law. The Task Force shall
have the following duties:
(1) Engage election officials, interested groups, and
members of the public for the purpose of assessing the
adoption and implementation of ranked-choice voting in
presidential primary elections beginning in 2028.
(2) Review standards used to certify or approve the
use of a voting system, including the standards adopted by
the U.S. Election Assistance Commission and the State
Board of Elections.
(3) Advise whether the voting system used by Illinois
election authorities would be able to accommodate
alternative methods of voting, including, but not limited
to, ranked-choice voting.
(4) Make recommendations or suggestions for changes to
the Election Code or administrative rules for
certification of voting systems in Illinois to accommodate
alternative methods of voting, including ranked-choice
voting.
(b) On or before March 1, 2024, the Task Force shall
publish a final report of its findings and recommendations.
The report shall, at a minimum, detail findings and
recommendations related to the duties of the Task Force and
the following:
(1) the process used in Illinois to certify voting
systems, including which systems can conduct ranked-choice
voting; and
(2) information about the voting system used by
election authorities, including which election authorities
rely on legacy hardware and software for voting and which
counties and election authorities rely on equipment for
voting that has not exceeded its usable life span but
require a software upgrade to accommodate ranked-choice
voting. In this paragraph, "legacy hardware and software"
means equipment that has exceeded its usable life span.
(c) The Task Force shall consist of the following members:
(1) 4 members, appointed by the Senate President,
including 2 members of the Senate and 2 members of the
public;
(2) 4 members, appointed by the Speaker of the House
of Representatives, including 2 members of the House of
Representatives and 2 members of the public;
(3) 4 members, appointed by the Minority Leader of the
Senate, including 2 members of the Senate and 2 members of
the public;
(4) 4 members, appointed by the Minority Leader of the
House of Representatives, including 2 members of the House
of Representatives and 2 members of the public;
(5) 4 members, appointed by the Governor, including at
least 2 members with knowledge and experience
administering elections.
(d) Appointments to the Task Force shall be made within 30
days after the effective date of this amendatory Act of the
103rd General Assembly. Members shall serve without
compensation.
(e) The Task Force shall meet at the call of a co-chair at
least quarterly to fulfill its duties. At the first meeting of
the Task Force, the Task Force shall elect one co-chair from
the members appointed by the Senate President and one co-chair
from the members appointed by the Speaker of the House of
Representatives.
(f) The State Board of Elections shall provide
administrative support for the Task Force.
(g) This Section is repealed, and the Task Force is
dissolved, on June 1, 2024.
(10 ILCS 5/1-24 new)
Sec. 1-24. 2024 Election Day State holiday.
Notwithstanding any other provision of State law to the
contrary, the 2024 general election shall be a State holiday
known as 2024 General Election Day and shall be observed
throughout this State. The 2024 general election shall be
deemed a legal school holiday for purposes of the School Code.
Any school closed under this amendatory Act of the 103rd
General Assembly and Section 24-2 of the School Code shall be
made available to an election authority as a polling place for
2024 General Election Day. This Section is repealed on January
1, 2025.
(10 ILCS 5/1-25 new)
Sec. 1-25. The Security of Remote Vote by Mail Task Force.
(a) The Security of Remote Vote by Mail Task Force is
hereby created for the purposes described in subsection (b).
Members of the Task Force shall be appointed as follows:
(1) 2 members who identify as a voter with a print
disability appointed by the Governor;
(2) 2 members who have experience with absent military
and naval service voting appointed by the Governor;
(3) one member with expertise in cybersecurity
appointed by the Governor;
(4) one member with expertise in election security
appointed by the Governor;
(5) one member with expertise in administering
elections appointed by the Governor;
(6) 2 members appointed by the President of the
Senate;
(7) 2 members appointed by the Speaker of the House of
Representatives;
(8) 2 members appointed by the Minority Leader of the
Senate; and
(9) 2 members appointed by the Minority Leader of the
House of Representatives.
(b) The Task Force shall study the feasibility of
implementing a remote vote by mail system that would allow an
election authority to transmit a vote by mail ballot
electronically to a voter, and allow the voter to mark,
verify, and return the ballot to the election authority
electronically. In conducting its study, the Task Force shall
consider whether implementing such a system of remote vote by
mail is a safe and secure way to vote; what methods of remote
voting exist within the United States; and what factors, if
any, mitigate security related concerns in relation to
implementing a remote vote by mail system. The Task Force
shall also suggest changes to current law that would be
necessary to implement a remote vote by mail system that would
allow an election authority to transmit a vote by mail ballot
electronically to a voter, and allow the voter to mark,
verify, and return the ballot to the election authority
electronically.
(c) The Task Force shall complete its study no later than
June 30, 2025 and shall report its findings to the Governor and
the General Assembly as soon as possible after the study is
complete.
(d) The members shall serve without compensation. If a
vacancy occurs on the Task Force, it shall be filled according
to the guidelines of the initial appointment.
(e) The State Board of Elections shall provide staff and
administrative support to the Task Force.
(f) This Section is repealed on July 1, 2026.
(10 ILCS 5/1A-25)
Sec. 1A-25. Centralized statewide voter registration list.
The centralized statewide voter registration list required by
Title III, Subtitle A, Section 303 of the Help America Vote Act
of 2002 shall be created and maintained by the State Board of
Elections as provided in this Section.
(1) The centralized statewide voter registration list
shall be compiled from the voter registration data bases
of each election authority in this State.
(2) With the exception of voter registration forms
submitted electronically through an online voter
registration system, all new voter registration forms and
applications to register to vote, including those reviewed
by the Secretary of State at a driver services facility,
shall be transmitted only to the appropriate election
authority as required by Articles 4, 5, and 6 of this Code
and not to the State Board of Elections. All voter
registration forms submitted electronically to the State
Board of Elections through an online voter registration
system shall be transmitted to the appropriate election
authority as required by Section 1A-16.5. The election
authority shall process and verify each voter registration
form and electronically enter verified registrations on an
expedited basis onto the statewide voter registration
list. All original registration cards shall remain
permanently in the office of the election authority as
required by this Code.
(3) The centralized statewide voter registration list
shall:
(i) Be designed to allow election authorities to
utilize the registration data on the statewide voter
registration list pertinent to voters registered in
their election jurisdiction on locally maintained
software programs that are unique to each
jurisdiction.
(ii) Allow each election authority to perform
essential election management functions, including but
not limited to production of voter lists, processing
of vote by mail voters, production of individual,
pre-printed applications to vote, administration of
election judges, and polling place administration, but
shall not prevent any election authority from using
information from that election authority's own
systems.
(4) The registration information maintained by each
election authority shall be synchronized with that
authority's information on the statewide list at least
once every 24 hours.
(5) The vote by mail, early vote, and rejected ballot
information maintained by each election authority shall be
synchronized with the election authority's information on
the statewide list at least once every 24 hours. The State
Board of Elections shall maintain the information required
by this paragraph in an electronic format on its website,
arranged by county and accessible to State and local
political committees.
(i) Within one day after receipt of a vote by mail
voter's ballot, the election authority shall transmit
by electronic means the voter's name, street address,
email address and precinct, ward, township, and
district numbers, as the case may be, to the State
Board of Elections.
(ii) Within one day after receipt of an early
voter's ballot, the election authority shall transmit
by electronic means the voter's name, street address,
email address and precinct, ward, township, and
district numbers, as the case may be, to the State
Board of Elections.
(iii) If a vote by mail ballot is rejected for any
reason, within one day after the rejection the
election authority shall transmit by electronic means
the voter's name, street address, email address and
precinct, ward, township, and district numbers, as the
case may be, to the State Board of Elections. If a
rejected vote by mail ballot is determined to be
valid, the election authority shall, within one day
after the determination, remove the name of the voter
from the list transmitted to the State Board of
Election.
(6) Beginning no later than January 1, 2024, the
statewide voter registration list shall be updated on a
monthly basis by no sooner than the first of every month;
however, the information required in paragraph (5) shall
be updated at least every 24 hours and made available upon
request to permitted entities as described in this
Section.
To protect the privacy and confidentiality of voter
registration information, the disclosure of any portion of the
centralized statewide voter registration list to any person or
entity other than to a State or local political committee and
other than to a governmental entity for a governmental purpose
is specifically prohibited except as follows: (1) 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; or (2) as may be
required by an agreement the State Board of Elections has
entered into with a multi-state voter registration list
maintenance system.
(Source: P.A. 98-115, eff. 7-29-13; 98-1171, eff. 6-1-15.)
(10 ILCS 5/3-6)
Sec. 3-6. Voting and registration age.
(a) Notwithstanding any other provision of law, a person
who is 17 years old on the date of a caucus, general primary
election, or consolidated primary election and who is
otherwise qualified to vote is qualified to vote at that
caucus, general primary, or consolidated primary, including
voting a vote by mail, grace period, or early voting ballot
with respect to that general primary or consolidated primary,
if that person will be 18 years old on the date of the
immediately following general election or consolidated
election for which candidates are nominated at that primary.
(b) Notwithstanding any other provision of law, a person
who is otherwise qualified to vote may preregister to vote on
or after that person's 16th birthday, with the registration
application held in abeyance by the State Board of Elections
until that individual attains the required age to vote, at
which time the State Board of Elections shall transmit the
registration application to the applicable election authority.
Preregistration under this subsection (b) shall be completed
using the online voter registration system, as provided in
Section 1A-16.5, or an electronic voter registration portal
with an automatic voter registration agency, as provided in
Section 1A-16.7.
(c) Notwithstanding any other provision of law, an
individual who is 17 years of age, will be 18 years of age on
the date of the immediately following general or consolidated
election, and is otherwise qualified to vote shall be deemed
eligible to circulate a nominating petition or a petition
proposing a public question.
(d) For the purposes of this Code, a person who is 16 years
of age or older shall be deemed competent to execute and attest
to any voter registration forms.
(e) References in this Code and elsewhere to the
requirement that a person must be 18 years old to vote shall be
interpreted in accordance with this Section.
For the purposes of this Code, an individual who is 17
years of age and who will be 18 years of age on the date of the
general or consolidated election shall be deemed competent to
execute and attest to any voter registration forms. An
individual who is 17 years of age, will be 18 years of age on
the date of the immediately following general or consolidated
election, and is otherwise qualified to vote shall be deemed
eligible to circulate a nominating petition or a petition
proposing a public question.
(Source: P.A. 99-722, eff. 8-5-16; 100-201, eff. 8-18-17.)
(10 ILCS 5/4-6.2) (from Ch. 46, par. 4-6.2)
Sec. 4-6.2. (a) The county clerk shall appoint all
municipal and township or road district clerks or their duly
authorized deputies as deputy registrars who may accept the
registration of all qualified residents of the State.
The county clerk shall appoint all precinct
committeepersons in the county as deputy registrars who may
accept the registration of any qualified resident of the
State, except during the 27 days preceding an election.
The county clerk shall appoint each of the following named
persons as deputy registrars upon the written request of such
persons:
1. The chief librarian, or a qualified person
designated by the chief librarian, of any public library
situated within the election jurisdiction, who may accept
the registrations of any qualified resident of the State,
at such library.
2. The principal, or a qualified person designated by
the principal, of any high school, elementary school, or
vocational school situated within the election
jurisdiction, who may accept the registrations of any
qualified resident of the State, at such school. The
county clerk shall notify every principal and
vice-principal of each high school, elementary school, and
vocational school situated within the election
jurisdiction of their eligibility to serve as deputy
registrars and offer training courses for service as
deputy registrars at conveniently located facilities at
least 4 months prior to every election.
3. The president, or a qualified person designated by
the president, of any university, college, community
college, academy or other institution of learning situated
within the election jurisdiction, who may accept the
registrations of any resident of the State, at such
university, college, community college, academy or
institution.
4. A duly elected or appointed official of a bona fide
labor organization, or a reasonable number of qualified
members designated by such official, who may accept the
registrations of any qualified resident of the State.
5. A duly elected or appointed official of a bonafide
State civic organization, as defined and determined by
rule of the State Board of Elections, or qualified members
designated by such official, who may accept the
registration of any qualified resident of the State. In
determining the number of deputy registrars that shall be
appointed, the county clerk shall consider the population
of the jurisdiction, the size of the organization, the
geographic size of the jurisdiction, convenience for the
public, the existing number of deputy registrars in the
jurisdiction and their location, the registration
activities of the organization and the need to appoint
deputy registrars to assist and facilitate the
registration of non-English speaking individuals. In no
event shall a county clerk fix an arbitrary number
applicable to every civic organization requesting
appointment of its members as deputy registrars. The State
Board of Elections shall by rule provide for certification
of bonafide State civic organizations. Such appointments
shall be made for a period not to exceed 2 years,
terminating on the first business day of the month
following the month of the general election, and shall be
valid for all periods of voter registration as provided by
this Code during the terms of such appointments.
6. The Director of Healthcare and Family Services, or
a reasonable number of employees designated by the
Director and located at public aid offices, who may accept
the registration of any qualified resident of the county
at any such public aid office.
7. The Director of the Illinois Department of
Employment Security, or a reasonable number of employees
designated by the Director and located at unemployment
offices, who may accept the registration of any qualified
resident of the county at any such unemployment office.
8. The president of any corporation as defined by the
Business Corporation Act of 1983, or a reasonable number
of employees designated by such president, who may accept
the registrations of any qualified resident of the State.
If the request to be appointed as deputy registrar is
denied, the county clerk shall, within 10 days after the date
the request is submitted, provide the affected individual or
organization with written notice setting forth the specific
reasons or criteria relied upon to deny the request to be
appointed as deputy registrar.
The county clerk may appoint as many additional deputy
registrars as he considers necessary. The county clerk shall
appoint such additional deputy registrars in such manner that
the convenience of the public is served, giving due
consideration to both population concentration and area. Some
of the additional deputy registrars shall be selected so that
there are an equal number from each of the 2 major political
parties in the election jurisdiction. The county clerk, in
appointing an additional deputy registrar, shall make the
appointment from a list of applicants submitted by the Chair
of the County Central Committee of the applicant's political
party. A Chair of a County Central Committee shall submit a
list of applicants to the county clerk by November 30 of each
year. The county clerk may require a Chair of a County Central
Committee to furnish a supplemental list of applicants.
Deputy registrars may accept registrations at any time
other than the 27-day 27 day period preceding an election. All
persons appointed as deputy registrars shall be registered
voters within the county and shall take and subscribe to the
following oath or affirmation:
"I do solemnly swear (or affirm, as the case may be) that I
will support the Constitution of the United States, and the
Constitution of the State of Illinois, and that I will
faithfully discharge the duties of the office of deputy
registrar to the best of my ability and that I will register no
person nor cause the registration of any person except upon
his personal application before me.
............................
(Signature Deputy Registrar)"
This oath shall be administered by the county clerk, or by
one of his deputies, or by any person qualified to take
acknowledgement of deeds and shall immediately thereafter be
filed with the county clerk.
Appointments of deputy registrars under this Section,
except precinct committeepersons, shall be for 2-year terms,
commencing on December 1 following the general election of
each even-numbered year; except that the terms of the initial
appointments shall be until December 1st following the next
general election. Appointments of precinct committeepersons
shall be for 2-year terms commencing on the date of the county
convention following the general primary at which they were
elected and ending on the date immediately preceding the date
of the next county convention, which may be held by audio or
video conference. The county clerk shall issue a certificate
of appointment to each deputy registrar, and shall maintain in
his office for public inspection a list of the names of all
appointees.
(b) The county clerk shall be responsible for training all
deputy registrars appointed pursuant to subsection (a), at
times and locations reasonably convenient for both the county
clerk and such appointees. The county clerk shall be
responsible for certifying and supervising all deputy
registrars appointed pursuant to subsection (a). Deputy
registrars appointed under subsection (a) shall be subject to
removal for cause.
(c) Completed registration materials under the control of
deputy registrars, appointed pursuant to subsection (a), shall
be returned to the appointing election authority by
first-class mail within 2 business days or personal delivery
within 7 days, except that completed registration materials
received by the deputy registrars during the period between
the 35th and 28th day preceding an election shall be returned
by the deputy registrars to the appointing election authority
within 48 hours after receipt thereof. The completed
registration materials received by the deputy registrars on
the 28th day preceding an election shall be returned by the
deputy registrars within 24 hours after receipt thereof.
Unused materials shall be returned by deputy registrars
appointed pursuant to paragraph 4 of subsection (a), not later
than the next working day following the close of registration.
(d) The county clerk or board of election commissioners,
as the case may be, must provide any additional forms
requested by any deputy registrar regardless of the number of
unaccounted registration forms the deputy registrar may have
in his or her possession.
(e) No deputy registrar shall engage in any electioneering
or the promotion of any cause during the performance of his or
her duties.
(f) The county clerk shall not be criminally or civilly
liable for the acts or omissions of any deputy registrar. Such
deputy registrars shall not be deemed to be employees of the
county clerk.
(g) Completed registration materials returned by deputy
registrars for persons residing outside the county shall be
transmitted by the county clerk within 2 days after receipt to
the election authority of the person's election jurisdiction
of residence.
(Source: P.A. 100-1027, eff. 1-1-19.)
(10 ILCS 5/5-16.2) (from Ch. 46, par. 5-16.2)
Sec. 5-16.2. (a) The county clerk shall appoint all
municipal and township clerks or their duly authorized
deputies as deputy registrars who may accept the registration
of all qualified residents of the State.
The county clerk shall appoint all precinct
committeepersons in the county as deputy registrars who may
accept the registration of any qualified resident of the
State, except during the 27 days preceding an election.
The county clerk shall appoint each of the following named
persons as deputy registrars upon the written request of such
persons:
1. The chief librarian, or a qualified person
designated by the chief librarian, of any public library
situated within the election jurisdiction, who may accept
the registrations of any qualified resident of the State,
at such library.
2. The principal, or a qualified person designated by
the principal, of any high school, elementary school, or
vocational school situated within the election
jurisdiction, who may accept the registrations of any
resident of the State, at such school. The county clerk
shall notify every principal and vice-principal of each
high school, elementary school, and vocational school
situated within the election jurisdiction of their
eligibility to serve as deputy registrars and offer
training courses for service as deputy registrars at
conveniently located facilities at least 4 months prior to
every election.
3. The president, or a qualified person designated by
the president, of any university, college, community
college, academy or other institution of learning situated
within the election jurisdiction, who may accept the
registrations of any resident of the State, at such
university, college, community college, academy or
institution.
4. A duly elected or appointed official of a bona fide
labor organization, or a reasonable number of qualified
members designated by such official, who may accept the
registrations of any qualified resident of the State.
5. A duly elected or appointed official of a bona fide
State civic organization, as defined and determined by
rule of the State Board of Elections, or qualified members
designated by such official, who may accept the
registration of any qualified resident of the State. In
determining the number of deputy registrars that shall be
appointed, the county clerk shall consider the population
of the jurisdiction, the size of the organization, the
geographic size of the jurisdiction, convenience for the
public, the existing number of deputy registrars in the
jurisdiction and their location, the registration
activities of the organization and the need to appoint
deputy registrars to assist and facilitate the
registration of non-English speaking individuals. In no
event shall a county clerk fix an arbitrary number
applicable to every civic organization requesting
appointment of its members as deputy registrars. The State
Board of Elections shall by rule provide for certification
of bona fide State civic organizations. Such appointments
shall be made for a period not to exceed 2 years,
terminating on the first business day of the month
following the month of the general election, and shall be
valid for all periods of voter registration as provided by
this Code during the terms of such appointments.
6. The Director of Healthcare and Family Services, or
a reasonable number of employees designated by the
Director and located at public aid offices, who may accept
the registration of any qualified resident of the county
at any such public aid office.
7. The Director of the Illinois Department of
Employment Security, or a reasonable number of employees
designated by the Director and located at unemployment
offices, who may accept the registration of any qualified
resident of the county at any such unemployment office.
8. The president of any corporation as defined by the
Business Corporation Act of 1983, or a reasonable number
of employees designated by such president, who may accept
the registrations of any qualified resident of the State.
If the request to be appointed as deputy registrar is
denied, the county clerk shall, within 10 days after the date
the request is submitted, provide the affected individual or
organization with written notice setting forth the specific
reasons or criteria relied upon to deny the request to be
appointed as deputy registrar.
The county clerk may appoint as many additional deputy
registrars as he considers necessary. The county clerk shall
appoint such additional deputy registrars in such manner that
the convenience of the public is served, giving due
consideration to both population concentration and area. Some
of the additional deputy registrars shall be selected so that
there are an equal number from each of the 2 major political
parties in the election jurisdiction. The county clerk, in
appointing an additional deputy registrar, shall make the
appointment from a list of applicants submitted by the Chair
of the County Central Committee of the applicant's political
party. A Chair of a County Central Committee shall submit a
list of applicants to the county clerk by November 30 of each
year. The county clerk may require a Chair of a County Central
Committee to furnish a supplemental list of applicants.
Deputy registrars may accept registrations at any time
other than the 27-day 27 day period preceding an election. All
persons appointed as deputy registrars shall be registered
voters within the county and shall take and subscribe to the
following oath or affirmation:
"I do solemnly swear (or affirm, as the case may be) that I
will support the Constitution of the United States, and the
Constitution of the State of Illinois, and that I will
faithfully discharge the duties of the office of deputy
registrar to the best of my ability and that I will register no
person nor cause the registration of any person except upon
his personal application before me.
...............................
(Signature of Deputy Registrar)"
This oath shall be administered by the county clerk, or by
one of his deputies, or by any person qualified to take
acknowledgement of deeds and shall immediately thereafter be
filed with the county clerk.
Appointments of deputy registrars under this Section,
except precinct committeepersons, shall be for 2-year terms,
commencing on December 1 following the general election of
each even-numbered year, except that the terms of the initial
appointments shall be until December 1st following the next
general election. Appointments of precinct committeepersons
shall be for 2-year terms commencing on the date of the county
convention following the general primary at which they were
elected and ending on the date immediately preceding the date
of the next county convention, which may be held by audio or
video conference. The county clerk shall issue a certificate
of appointment to each deputy registrar, and shall maintain in
his office for public inspection a list of the names of all
appointees.
(b) The county clerk shall be responsible for training all
deputy registrars appointed pursuant to subsection (a), at
times and locations reasonably convenient for both the county
clerk and such appointees. The county clerk shall be
responsible for certifying and supervising all deputy
registrars appointed pursuant to subsection (a). Deputy
registrars appointed under subsection (a) shall be subject to
removal for cause.
(c) Completed registration materials under the control of
deputy registrars, appointed pursuant to subsection (a), shall
be returned to the appointing election authority by
first-class mail within 2 business days or personal delivery
within 7 days, except that completed registration materials
received by the deputy registrars during the period between
the 35th and 28th day preceding an election shall be returned
by the deputy registrars to the appointing election authority
within 48 hours after receipt thereof. The completed
registration materials received by the deputy registrars on
the 28th day preceding an election shall be returned by the
deputy registrars within 24 hours after receipt thereof.
Unused materials shall be returned by deputy registrars
appointed pursuant to paragraph 4 of subsection (a), not later
than the next working day following the close of registration.
(d) The county clerk or board of election commissioners,
as the case may be, must provide any additional forms
requested by any deputy registrar regardless of the number of
unaccounted registration forms the deputy registrar may have
in his or her possession.
(e) No deputy registrar shall engage in any electioneering
or the promotion of any cause during the performance of his or
her duties.
(f) The county clerk shall not be criminally or civilly
liable for the acts or omissions of any deputy registrar. Such
deputy registers shall not be deemed to be employees of the
county clerk.
(g) Completed registration materials returned by deputy
registrars for persons residing outside the county shall be
transmitted by the county clerk within 2 days after receipt to
the election authority of the person's election jurisdiction
of residence.
(Source: P.A. 100-1027, eff. 1-1-19.)
(10 ILCS 5/6-50.2) (from Ch. 46, par. 6-50.2)
Sec. 6-50.2. (a) The board of election commissioners shall
appoint all precinct committeepersons in the election
jurisdiction as deputy registrars who may accept the
registration of any qualified resident of the State, except
during the 27 days preceding an election.
The board of election commissioners shall appoint each of
the following named persons as deputy registrars upon the
written request of such persons:
1. The chief librarian, or a qualified person
designated by the chief librarian, of any public library
situated within the election jurisdiction, who may accept
the registrations of any qualified resident of the State,
at such library.
2. The principal, or a qualified person designated by
the principal, of any high school, elementary school, or
vocational school situated within the election
jurisdiction, who may accept the registrations of any
resident of the State, at such school. The board of
election commissioners shall notify every principal and
vice-principal of each high school, elementary school, and
vocational school situated in the election jurisdiction of
their eligibility to serve as deputy registrars and offer
training courses for service as deputy registrars at
conveniently located facilities at least 4 months prior to
every election.
3. The president, or a qualified person designated by
the president, of any university, college, community
college, academy, or other institution of learning
situated within the State, who may accept the
registrations of any resident of the election
jurisdiction, at such university, college, community
college, academy, or institution.
4. A duly elected or appointed official of a bona fide
labor organization, or a reasonable number of qualified
members designated by such official, who may accept the
registrations of any qualified resident of the State.
5. A duly elected or appointed official of a bona fide
State civic organization, as defined and determined by
rule of the State Board of Elections, or qualified members
designated by such official, who may accept the
registration of any qualified resident of the State. In
determining the number of deputy registrars that shall be
appointed, the board of election commissioners shall
consider the population of the jurisdiction, the size of
the organization, the geographic size of the jurisdiction,
convenience for the public, the existing number of deputy
registrars in the jurisdiction and their location, the
registration activities of the organization and the need
to appoint deputy registrars to assist and facilitate the
registration of non-English speaking individuals. In no
event shall a board of election commissioners fix an
arbitrary number applicable to every civic organization
requesting appointment of its members as deputy
registrars. The State Board of Elections shall by rule
provide for certification of bona fide State civic
organizations. Such appointments shall be made for a
period not to exceed 2 years, terminating on the first
business day of the month following the month of the
general election, and shall be valid for all periods of
voter registration as provided by this Code during the
terms of such appointments.
6. The Director of Healthcare and Family Services, or
a reasonable number of employees designated by the
Director and located at public aid offices, who may accept
the registration of any qualified resident of the election
jurisdiction at any such public aid office.
7. The Director of the Illinois Department of
Employment Security, or a reasonable number of employees
designated by the Director and located at unemployment
offices, who may accept the registration of any qualified
resident of the election jurisdiction at any such
unemployment office. If the request to be appointed as
deputy registrar is denied, the board of election
commissioners shall, within 10 days after the date the
request is submitted, provide the affected individual or
organization with written notice setting forth the
specific reasons or criteria relied upon to deny the
request to be appointed as deputy registrar.
8. The president of any corporation, as defined by the
Business Corporation Act of 1983, or a reasonable number
of employees designated by such president, who may accept
the registrations of any qualified resident of the State.
The board of election commissioners may appoint as many
additional deputy registrars as it considers necessary. The
board of election commissioners shall appoint such additional
deputy registrars in such manner that the convenience of the
public is served, giving due consideration to both population
concentration and area. Some of the additional deputy
registrars shall be selected so that there are an equal number
from each of the 2 major political parties in the election
jurisdiction. The board of election commissioners, in
appointing an additional deputy registrar, shall make the
appointment from a list of applicants submitted by the Chair
of the County Central Committee of the applicant's political
party. A Chair of a County Central Committee shall submit a
list of applicants to the board by November 30 of each year.
The board may require a Chair of a County Central Committee to
furnish a supplemental list of applicants.
Deputy registrars may accept registrations at any time
other than the 27-day period preceding an election. All
persons appointed as deputy registrars shall be registered
voters within the election jurisdiction and shall take and
subscribe to the following oath or affirmation:
"I do solemnly swear (or affirm, as the case may be) that I
will support the Constitution of the United States, and the
Constitution of the State of Illinois, and that I will
faithfully discharge the duties of the office of registration
officer to the best of my ability and that I will register no
person nor cause the registration of any person except upon
his personal application before me.
....................................
(Signature of Registration Officer)"
This oath shall be administered and certified to by one of
the commissioners or by the executive director or by some
person designated by the board of election commissioners, and
shall immediately thereafter be filed with the board of
election commissioners. The members of the board of election
commissioners and all persons authorized by them under the
provisions of this Article to take registrations, after
themselves taking and subscribing to the above oath, are
authorized to take or administer such oaths and execute such
affidavits as are required by this Article.
Appointments of deputy registrars under this Section,
except precinct committeepersons, shall be for 2-year terms,
commencing on December 1 following the general election of
each even-numbered year, except that the terms of the initial
appointments shall be until December 1st following the next
general election. Appointments of precinct committeepersons
shall be for 2-year terms commencing on the date of the county
convention following the general primary at which they were
elected and ending on the date immediately preceding the date
of the next county convention, which may be held by audio or
video conference. The county clerk shall issue a certificate
of appointment to each deputy registrar, and shall maintain in
his office for public inspection a list of the names of all
appointees.
(b) The board of election commissioners shall be
responsible for training all deputy registrars appointed
pursuant to subsection (a), at times and locations reasonably
convenient for both the board of election commissioners and
such appointees. The board of election commissioners shall be
responsible for certifying and supervising all deputy
registrars appointed pursuant to subsection (a). Deputy
registrars appointed under subsection (a) shall be subject to
removal for cause.
(c) Completed registration materials under the control of
deputy registrars appointed pursuant to subsection (a) shall
be returned to the appointing election authority by
first-class mail within 2 business days or personal delivery
within 7 days, except that completed registration materials
received by the deputy registrars during the period between
the 35th and 28th day preceding an election shall be returned
by the deputy registrars to the appointing election authority
within 48 hours after receipt thereof. The completed
registration materials received by the deputy registrars on
the 28th day preceding an election shall be returned by the
deputy registrars within 24 hours after receipt thereof.
Unused materials shall be returned by deputy registrars
appointed pursuant to paragraph 4 of subsection (a), not later
than the next working day following the close of registration.
(d) The county clerk or board of election commissioners,
as the case may be, must provide any additional forms
requested by any deputy registrar regardless of the number of
unaccounted registration forms the deputy registrar may have
in his or her possession.
(e) No deputy registrar shall engage in any electioneering
or the promotion of any cause during the performance of his or
her duties.
(f) The board of election commissioners shall not be
criminally or civilly liable for the acts or omissions of any
deputy registrar. Such deputy registrars shall not be deemed
to be employees of the board of election commissioners.
(g) Completed registration materials returned by deputy
registrars for persons residing outside the election
jurisdiction shall be transmitted by the board of election
commissioners within 2 days after receipt to the election
authority of the person's election jurisdiction of residence.
(Source: P.A. 102-558, eff. 8-20-21.)
(10 ILCS 5/7-8) (from Ch. 46, par. 7-8)
(Text of Section before amendment by P.A. 102-15)
Sec. 7-8. The State central committee shall be composed of
one or two members from each congressional district in the
State and shall be elected as follows:
State Central Committee
(a) Within 30 days after January 1, 1984 (the effective
date of Public Act 83-33), the State central committee of each
political party shall certify to the State Board of Elections
which of the following alternatives it wishes to apply to the
State central committee of that party.
Alternative A. At the primary in 1970 and at the general
primary election held every 4 years thereafter, each primary
elector may vote for one candidate of his party for member of
the State central committee for the congressional district in
which he resides. The candidate receiving the highest number
of votes shall be declared elected State central
committeeperson from the district. A political party may, in
lieu of the foregoing, by a majority vote of delegates at any
State convention of such party, determine to thereafter elect
the State central committeepersons in the manner following:
At the county convention held by such political party,
State central committeepersons shall be elected in the same
manner as provided in this Article for the election of
officers of the county central committee, and such election
shall follow the election of officers of the county central
committee. Each elected ward, township or precinct
committeeperson shall cast as his vote one vote for each
ballot voted in his ward, township, part of a township or
precinct in the last preceding primary election of his
political party. In the case of a county lying partially
within one congressional district and partially within another
congressional district, each ward, township or precinct
committeeperson shall vote only with respect to the
congressional district in which his ward, township, part of a
township or precinct is located. In the case of a
congressional district which encompasses more than one county,
each ward, township or precinct committeeperson residing
within the congressional district shall cast as his vote one
vote for each ballot voted in his ward, township, part of a
township or precinct in the last preceding primary election of
his political party for one candidate of his party for member
of the State central committee for the congressional district
in which he resides and the Chair of the county central
committee shall report the results of the election to the
State Board of Elections. The State Board of Elections shall
certify the candidate receiving the highest number of votes
elected State central committeeperson for that congressional
district.
The State central committee shall adopt rules to provide
for and govern the procedures to be followed in the election of
members of the State central committee.
After August 6, 1999 (the effective date of Public Act
91-426), whenever a vacancy occurs in the office of Chair of a
State central committee, or at the end of the term of office of
Chair, the State central committee of each political party
that has selected Alternative A shall elect a Chair who shall
not be required to be a member of the State Central Committee.
The Chair shall be a registered voter in this State and of the
same political party as the State central committee.
Alternative B. Each congressional committee shall, within
30 days after the adoption of this alternative, appoint a
person of the sex opposite that of the incumbent member for
that congressional district to serve as an additional member
of the State central committee until his or her successor is
elected at the general primary election in 1986. Each
congressional committee shall make this appointment by voting
on the basis set forth in paragraph (e) of this Section. In
each congressional district at the general primary election
held in 1986 and every 4 years thereafter, the male candidate
receiving the highest number of votes of the party's male
candidates for State central committeeman, and the female
candidate receiving the highest number of votes of the party's
female candidates for State central committeewoman, shall be
declared elected State central committeeman and State central
committeewoman from the district. At the general primary
election held in 1986 and every 4 years thereafter, if all a
party's candidates for State central committeemen or State
central committeewomen from a congressional district are of
the same sex, the candidate receiving the highest number of
votes shall be declared elected a State central committeeman
or State central committeewoman from the district, and,
because of a failure to elect one male and one female to the
committee, a vacancy shall be declared to exist in the office
of the second member of the State central committee from the
district. This vacancy shall be filled by appointment by the
congressional committee of the political party, and the person
appointed to fill the vacancy shall be a resident of the
congressional district and of the sex opposite that of the
committeeman or committeewoman elected at the general primary
election. Each congressional committee shall make this
appointment by voting on the basis set forth in paragraph (e)
of this Section.
The Chair of a State central committee composed as
provided in this Alternative B must be selected from the
committee's members.
Beginning on the effective date of this amendatory Act of
the 103rd General Assembly, a State central committee
organized under Alternative B shall include as an honorary
member any person affiliated with the same political party and
serving as the Governor, President of the Senate, or Speaker
of the House of Representatives.
Except as provided for in Alternative A with respect to
the selection of the Chair of the State central committee and
for in Alternative B with respect to the Governor, President
of the Senate, and the Speaker of the House of
Representatives, under both of the foregoing alternatives, the
State central committee of each political party shall be
composed of members elected or appointed from the several
congressional districts of the State, and of no other person
or persons whomsoever. The members of the State central
committee shall, within 41 days after each quadrennial
election of the full committee, meet in the city of
Springfield and organize by electing a Chair, and may at such
time elect such officers from among their own number (or
otherwise), as they may deem necessary or expedient. The
outgoing chair of the State central committee of the party
shall, 10 days before the meeting, notify each member of the
State central committee elected at the primary of the time and
place of such meeting. In the organization and proceedings of
the State central committee, each person elected or appointed
State central committeeman and State central committeewoman,
except for honorary members, shall have one vote for each
ballot voted in his or her congressional district by the
primary electors of his or her party at the primary election
immediately preceding the meeting of the State central
committee. Whenever a vacancy occurs in the State central
committee of any political party, the vacancy shall be filled
by appointment of the chairmen of the county central
committees of the political party of the counties located
within the congressional district in which the vacancy occurs
and, if applicable, the ward and township committeepersons of
the political party in counties of 2,000,000 or more
inhabitants located within the congressional district. If the
congressional district in which the vacancy occurs lies wholly
within a county of 2,000,000 or more inhabitants, the ward and
township committeepersons of the political party in that
congressional district shall vote to fill the vacancy. In
voting to fill the vacancy, each chair of a county central
committee and each ward and township committeeperson in
counties of 2,000,000 or more inhabitants shall have one vote
for each ballot voted in each precinct of the congressional
district in which the vacancy exists of his or her county,
township, or ward cast by the primary electors of his or her
party at the primary election immediately preceding the
meeting to fill the vacancy in the State central committee.
The person appointed to fill the vacancy shall be a resident of
the congressional district in which the vacancy occurs, shall
be a qualified voter, and, in a committee composed as provided
in Alternative B, shall be of the same sex as his or her
predecessor. A political party may, by a majority vote of the
delegates of any State convention of such party, determine to
return to the election of State central committeeman and State
central committeewoman by the vote of primary electors. Any
action taken by a political party at a State convention in
accordance with this Section shall be reported to the State
Board of Elections by the chair and secretary of such
convention within 10 days after such action.
Ward, Township and Precinct Committeepersons
(b) At the primary in 1972 and at the general primary
election every 4 years thereafter, each primary elector in
cities having a population of 200,000 or over may vote for one
candidate of his party in his ward for ward committeeperson.
Each candidate for ward committeeperson must be a resident of
and in the ward where he seeks to be elected ward
committeeperson. The one having the highest number of votes
shall be such ward committeeperson of such party for such
ward. At the primary election in 1970 and at the general
primary election every 4 years thereafter, each primary
elector in counties containing a population of 2,000,000 or
more, outside of cities containing a population of 200,000 or
more, may vote for one candidate of his party for township
committeeperson. Each candidate for township committeeperson
must be a resident of and in the township or part of a township
(which lies outside of a city having a population of 200,000 or
more, in counties containing a population of 2,000,000 or
more), and in which township or part of a township he seeks to
be elected township committeeperson. The one having the
highest number of votes shall be such township committeeperson
of such party for such township or part of a township. At the
primary in 1970 and at the general primary election every 2
years thereafter, each primary elector, except in counties
having a population of 2,000,000 or over, may vote for one
candidate of his party in his precinct for precinct
committeeperson. Each candidate for precinct committeeperson
must be a bona fide resident of the precinct where he seeks to
be elected precinct committeeperson. The one having the
highest number of votes shall be such precinct committeeperson
of such party for such precinct. The official returns of the
primary shall show the name of the committeeperson of each
political party.
Terms of Committeepersons. All precinct committeepersons
elected under the provisions of this Article shall continue as
such committeepersons until the date of the primary to be held
in the second year after their election. Except as otherwise
provided in this Section for certain State central
committeepersons who have 2 year terms, all State central
committeepersons, township committeepersons and ward
committeepersons shall continue as such committeepersons until
the date of primary to be held in the fourth year after their
election. However, a vacancy exists in the office of precinct
committeeperson when a precinct committeeperson ceases to
reside in the precinct in which he was elected and such
precinct committeeperson shall thereafter neither have nor
exercise any rights, powers or duties as committeeperson in
that precinct, even if a successor has not been elected or
appointed.
(c) The Multi-Township Central Committee shall consist of
the precinct committeepersons of such party, in the
multi-township assessing district formed pursuant to Section
2-10 of the Property Tax Code and shall be organized for the
purposes set forth in Section 45-25 of the Township Code. In
the organization and proceedings of the Multi-Township Central
Committee each precinct committeeperson shall have one vote
for each ballot voted in his precinct by the primary electors
of his party at the primary at which he was elected.
County Central Committee
(d) The county central committee of each political party
in each county shall consist of the various township
committeepersons, precinct committeepersons and ward
committeepersons, if any, of such party in the county. In the
organization and proceedings of the county central committee,
each precinct committeeperson shall have one vote for each
ballot voted in his precinct by the primary electors of his
party at the primary at which he was elected; each township
committeeperson shall have one vote for each ballot voted in
his township or part of a township as the case may be by the
primary electors of his party at the primary election for the
nomination of candidates for election to the General Assembly
immediately preceding the meeting of the county central
committee; and in the organization and proceedings of the
county central committee, each ward committeeperson shall have
one vote for each ballot voted in his ward by the primary
electors of his party at the primary election for the
nomination of candidates for election to the General Assembly
immediately preceding the meeting of the county central
committee.
Cook County Board of Review Election District Committee
(d-1) Each board of review election district committee of
each political party in Cook County shall consist of the
various township committeepersons and ward committeepersons,
if any, of that party in the portions of the county composing
the board of review election district. In the organization and
proceedings of each of the 3 election district committees,
each township committeeperson shall have one vote for each
ballot voted in his or her township or part of a township, as
the case may be, by the primary electors of his or her party at
the primary election immediately preceding the meeting of the
board of review election district committee; and in the
organization and proceedings of each of the 3 election
district committees, each ward committeeperson shall have one
vote for each ballot voted in his or her ward or part of that
ward, as the case may be, by the primary electors of his or her
party at the primary election immediately preceding the
meeting of the board of review election district committee.
Congressional Committee
(e) The congressional committee of each party in each
congressional district shall be composed of the chairmen of
the county central committees of the counties composing the
congressional district, except that in congressional districts
wholly within the territorial limits of one county, the
precinct committeepersons, township committeepersons and ward
committeepersons, if any, of the party representing the
precincts within the limits of the congressional district,
shall compose the congressional committee. A State central
committeeperson in each district shall be a member and the
chair or, when a district has 2 State central
committeepersons, a co-chairperson of the congressional
committee, but shall not have the right to vote except in case
of a tie.
In the organization and proceedings of congressional
committees composed of precinct committeepersons or township
committeepersons or ward committeepersons, or any combination
thereof, each precinct committeeperson shall have one vote for
each ballot voted in his precinct by the primary electors of
his party at the primary at which he was elected, each township
committeeperson shall have one vote for each ballot voted in
his township or part of a township as the case may be by the
primary electors of his party at the primary election
immediately preceding the meeting of the congressional
committee, and each ward committeeperson shall have one vote
for each ballot voted in each precinct of his ward located in
such congressional district by the primary electors of his
party at the primary election immediately preceding the
meeting of the congressional committee; and in the
organization and proceedings of congressional committees
composed of the chairmen of the county central committees of
the counties within such district, each chair of such county
central committee shall have one vote for each ballot voted in
his county by the primary electors of his party at the primary
election immediately preceding the meeting of the
congressional committee.
Judicial District Committee
(f) The judicial district committee of each political
party in each judicial district shall be composed of the chair
of the county central committees of the counties composing the
judicial district.
In the organization and proceedings of judicial district
committees composed of the chairmen of the county central
committees of the counties within such district, each chair of
such county central committee shall have one vote for each
ballot voted in his county by the primary electors of his party
at the primary election immediately preceding the meeting of
the judicial district committee.
Circuit Court Committee
(g) The circuit court committee of each political party in
each judicial circuit outside Cook County shall be composed of
the chairmen of the county central committees of the counties
composing the judicial circuit.
In the organization and proceedings of circuit court
committees, each chair of a county central committee shall
have one vote for each ballot voted in his county by the
primary electors of his party at the primary election
immediately preceding the meeting of the circuit court
committee.
Judicial Subcircuit Committee
(g-1) The judicial subcircuit committee of each political
party in each judicial subcircuit in a judicial circuit
divided into subcircuits shall be composed of (i) the ward and
township committeepersons of the townships and wards composing
the judicial subcircuit in Cook County and (ii) the precinct
committeepersons of the precincts composing the judicial
subcircuit in any county other than Cook County.
In the organization and proceedings of each judicial
subcircuit committee, each township committeeperson shall have
one vote for each ballot voted in his township or part of a
township, as the case may be, in the judicial subcircuit by the
primary electors of his party at the primary election
immediately preceding the meeting of the judicial subcircuit
committee; each precinct committeeperson shall have one vote
for each ballot voted in his precinct or part of a precinct, as
the case may be, in the judicial subcircuit by the primary
electors of his party at the primary election immediately
preceding the meeting of the judicial subcircuit committee;
and each ward committeeperson shall have one vote for each
ballot voted in his ward or part of a ward, as the case may be,
in the judicial subcircuit by the primary electors of his
party at the primary election immediately preceding the
meeting of the judicial subcircuit committee.
Municipal Central Committee
(h) The municipal central committee of each political
party shall be composed of the precinct, township or ward
committeepersons, as the case may be, of such party
representing the precincts or wards, embraced in such city,
incorporated town or village. The voting strength of each
precinct, township or ward committeeperson on the municipal
central committee shall be the same as his voting strength on
the county central committee.
For political parties, other than a statewide political
party, established only within a municipality or township, the
municipal or township managing committee shall be composed of
the party officers of the local established party. The party
officers of a local established party shall be as follows: the
chair and secretary of the caucus for those municipalities and
townships authorized by statute to nominate candidates by
caucus shall serve as party officers for the purpose of
filling vacancies in nomination under Section 7-61; for
municipalities and townships authorized by statute or
ordinance to nominate candidates by petition and primary
election, the party officers shall be the party's candidates
who are nominated at the primary. If no party primary was held
because of the provisions of Section 7-5, vacancies in
nomination shall be filled by the party's remaining candidates
who shall serve as the party's officers.
Powers
(i) Each committee and its officers shall have the powers
usually exercised by such committees and by the officers
thereof, not inconsistent with the provisions of this Article.
The several committees herein provided for shall not have
power to delegate any of their powers, or functions to any
other person, officer or committee, but this shall not be
construed to prevent a committee from appointing from its own
membership proper and necessary subcommittees.
(j) The State central committee of a political party which
elects its members by Alternative B under paragraph (a) of
this Section shall adopt a plan to give effect to the delegate
selection rules of the national political party and file a
copy of such plan with the State Board of Elections when
approved by a national political party.
(k) For the purpose of the designation of a proxy by a
Congressional Committee to vote in place of an absent State
central committeeman or committeewoman at meetings of the
State central committee of a political party which elects its
members by Alternative B under paragraph (a) of this Section,
the proxy shall be appointed by the vote of the ward and
township committeepersons, if any, of the wards and townships
which lie entirely or partially within the Congressional
District from which the absent State central committeeman or
committeewoman was elected and the vote of the chairmen of the
county central committees of those counties which lie entirely
or partially within that Congressional District and in which
there are no ward or township committeepersons. When voting
for such proxy, the county chair, ward committeeperson or
township committeeperson, as the case may be, shall have one
vote for each ballot voted in his county, ward or township, or
portion thereof within the Congressional District, by the
primary electors of his party at the primary at which he was
elected. However, the absent State central committeeman or
committeewoman may designate a proxy when permitted by the
rules of a political party which elects its members by
Alternative B under paragraph (a) of this Section.
Notwithstanding any law to the contrary, a person is
ineligible to hold the position of committeeperson in any
committee established pursuant to this Section if he or she is
statutorily ineligible to vote in a general election because
of conviction of a felony. When a committeeperson is convicted
of a felony, the position occupied by that committeeperson
shall automatically become vacant.
(Source: P.A. 100-201, eff. 8-18-17; 100-1027, eff. 1-1-19.)
(Text of Section after amendment by P.A. 102-15)
Sec. 7-8. The State central committee shall be composed of
one or two members from each congressional district in the
State and shall be elected as follows:
State Central Committee
(a) Within 30 days after January 1, 1984 (the effective
date of Public Act 83-33), the State central committee of each
political party shall certify to the State Board of Elections
which of the following alternatives it wishes to apply to the
State central committee of that party.
Alternative A. At the primary in 1970 and at the general
primary election held every 4 years thereafter, each primary
elector may vote for one candidate of his party for member of
the State central committee for the congressional district in
which he resides. The candidate receiving the highest number
of votes shall be declared elected State central
committeeperson from the district. A political party may, in
lieu of the foregoing, by a majority vote of delegates at any
State convention of such party, determine to thereafter elect
the State central committeepersons in the manner following:
At the county convention held by such political party,
State central committeepersons shall be elected in the same
manner as provided in this Article for the election of
officers of the county central committee, and such election
shall follow the election of officers of the county central
committee. Each elected ward, township or precinct
committeeperson shall cast as his vote one vote for each
ballot voted in his ward, township, part of a township or
precinct in the last preceding primary election of his
political party. In the case of a county lying partially
within one congressional district and partially within another
congressional district, each ward, township or precinct
committeeperson shall vote only with respect to the
congressional district in which his ward, township, part of a
township or precinct is located. In the case of a
congressional district which encompasses more than one county,
each ward, township or precinct committeeperson residing
within the congressional district shall cast as his vote one
vote for each ballot voted in his ward, township, part of a
township or precinct in the last preceding primary election of
his political party for one candidate of his party for member
of the State central committee for the congressional district
in which he resides and the Chair of the county central
committee shall report the results of the election to the
State Board of Elections. The State Board of Elections shall
certify the candidate receiving the highest number of votes
elected State central committeeperson for that congressional
district.
The State central committee shall adopt rules to provide
for and govern the procedures to be followed in the election of
members of the State central committee.
After August 6, 1999 (the effective date of Public Act
91-426), whenever a vacancy occurs in the office of Chair of a
State central committee, or at the end of the term of office of
Chair, the State central committee of each political party
that has selected Alternative A shall elect a Chair who shall
not be required to be a member of the State Central Committee.
The Chair shall be a registered voter in this State and of the
same political party as the State central committee.
Alternative B. Each congressional committee shall, within
30 days after the adoption of this alternative, appoint a
person of a different gender than that of the incumbent member
for that congressional district to serve as an additional
member of the State central committee until the member's
successor is elected at the general primary election in 1986.
Each congressional committee shall make this appointment by
voting on the basis set forth in paragraph (e) of this Section.
In each congressional district at the general primary election
held in 1986 and every 4 years thereafter, the person
receiving the highest number of votes for State central
committeeperson, and the person of a different gender
receiving the highest number of votes, shall be declared
elected State central committeepersons from the district. At
the general primary election held in 1986 and every 4 years
thereafter, if all a party's candidates for State central
committeeperson from a congressional district are of the same
gender, the candidate receiving the highest number of votes
shall be declared elected a State central committeeperson from
the district, and, because of a failure to elect 2 persons from
different genders to the committee, a vacancy shall be
declared to exist in the office of the second member of the
State central committee from the district. This vacancy shall
be filled by appointment by the congressional committee of the
political party, and the person appointed to fill the vacancy
shall be a resident of the congressional district and of a
different gender than the committeeperson elected at the
general primary election. Each congressional committee shall
make this appointment by voting on the basis set forth in
paragraph (e) of this Section.
The Chair of a State central committee composed as
provided in this Alternative B must be selected from the
committee's members.
Beginning on the effective date of this amendatory Act of
the 103rd General Assembly, a State central committee
organized under Alternative B shall include as an honorary
member any person affiliated with the same political party and
serving as the Governor, President of the Senate, and the
Speaker of the House of Representatives.
Except as provided for in Alternative A with respect to
the selection of the Chair of the State central committee and
for in Alternative B with respect to the President of the
Senate and the Speaker of the House of Representatives, under
both of the foregoing alternatives, the State central
committee of each political party shall be composed of members
elected or appointed from the several congressional districts
of the State, and of no other person or persons whomsoever. The
members of the State central committee shall, within 41 days
after each quadrennial election of the full committee, meet in
the city of Springfield and organize by electing a Chair, and
may at such time elect such officers from among their own
number (or otherwise), as they may deem necessary or
expedient. The outgoing chair of the State central committee
of the party shall, 10 days before the meeting, notify each
member of the State central committee elected at the primary
of the time and place of such meeting. In the organization and
proceedings of the State central committee, the 2 elected or
appointed committeepersons shall each have one vote for each
ballot voted in their congressional district by the primary
electors of the committeepersons' party at the primary
election immediately preceding the meeting of the State
central committee. Whenever a vacancy occurs in the State
central committee of any political party, the vacancy shall be
filled by appointment of the chairmen of the county central
committees of the political party of the counties located
within the congressional district in which the vacancy occurs
and, if applicable, the ward and township committeepersons of
the political party in counties of 2,000,000 or more
inhabitants located within the congressional district. If the
congressional district in which the vacancy occurs lies wholly
within a county of 2,000,000 or more inhabitants, the ward and
township committeepersons of the political party in that
congressional district shall vote to fill the vacancy. In
voting to fill the vacancy, each chair of a county central
committee and each ward and township committeeperson in
counties of 2,000,000 or more inhabitants shall have one vote
for each ballot voted in each precinct of the congressional
district in which the vacancy exists of the chair's or
committeeperson's county, township, or ward cast by the
primary electors of the chair's or committeeperson's party at
the primary election immediately preceding the meeting to fill
the vacancy in the State central committee. The person
appointed to fill the vacancy shall be a resident of the
congressional district in which the vacancy occurs, shall be a
qualified voter, and, in a committee composed as provided in
Alternative B, shall be of the same gender as the appointee's
predecessor. A political party may, by a majority vote of the
delegates of any State convention of such party, determine to
return to the election of State central committeepersons by
the vote of primary electors. Any action taken by a political
party at a State convention in accordance with this Section
shall be reported to the State Board of Elections by the chair
and secretary of such convention within 10 days after such
action.
Ward, Township and Precinct Committeepersons
(b) At the primary in 1972 and at the general primary
election every 4 years thereafter, each primary elector in
cities having a population of 200,000 or over may vote for one
candidate of his party in his ward for ward committeeperson.
Each candidate for ward committeeperson must be a resident of
and in the ward where he seeks to be elected ward
committeeperson. The one having the highest number of votes
shall be such ward committeeperson of such party for such
ward. At the primary election in 1970 and at the general
primary election every 4 years thereafter, each primary
elector in counties containing a population of 2,000,000 or
more, outside of cities containing a population of 200,000 or
more, may vote for one candidate of his party for township
committeeperson. Each candidate for township committeeperson
must be a resident of and in the township or part of a township
(which lies outside of a city having a population of 200,000 or
more, in counties containing a population of 2,000,000 or
more), and in which township or part of a township he seeks to
be elected township committeeperson. The one having the
highest number of votes shall be such township committeeperson
of such party for such township or part of a township. At the
primary in 1970 and at the general primary election every 2
years thereafter, each primary elector, except in counties
having a population of 2,000,000 or over, may vote for one
candidate of his party in his precinct for precinct
committeeperson. Each candidate for precinct committeeperson
must be a bona fide resident of the precinct where he seeks to
be elected precinct committeeperson. The one having the
highest number of votes shall be such precinct committeeperson
of such party for such precinct. The official returns of the
primary shall show the name of the committeeperson of each
political party.
Terms of Committeepersons. All precinct committeepersons
elected under the provisions of this Article shall continue as
such committeepersons until the date of the primary to be held
in the second year after their election. Except as otherwise
provided in this Section for certain State central
committeepersons who have 2 year terms, all State central
committeepersons, township committeepersons and ward
committeepersons shall continue as such committeepersons until
the date of primary to be held in the fourth year after their
election. However, a vacancy exists in the office of precinct
committeeperson when a precinct committeeperson ceases to
reside in the precinct in which he was elected and such
precinct committeeperson shall thereafter neither have nor
exercise any rights, powers or duties as committeeperson in
that precinct, even if a successor has not been elected or
appointed.
(c) The Multi-Township Central Committee shall consist of
the precinct committeepersons of such party, in the
multi-township assessing district formed pursuant to Section
2-10 of the Property Tax Code and shall be organized for the
purposes set forth in Section 45-25 of the Township Code. In
the organization and proceedings of the Multi-Township Central
Committee each precinct committeeperson shall have one vote
for each ballot voted in his precinct by the primary electors
of his party at the primary at which he was elected.
County Central Committee
(d) The county central committee of each political party
in each county shall consist of the various township
committeepersons, precinct committeepersons and ward
committeepersons, if any, of such party in the county. In the
organization and proceedings of the county central committee,
each precinct committeeperson shall have one vote for each
ballot voted in his precinct by the primary electors of his
party at the primary at which he was elected; each township
committeeperson shall have one vote for each ballot voted in
his township or part of a township as the case may be by the
primary electors of his party at the primary election for the
nomination of candidates for election to the General Assembly
immediately preceding the meeting of the county central
committee; and in the organization and proceedings of the
county central committee, each ward committeeperson shall have
one vote for each ballot voted in his ward by the primary
electors of his party at the primary election for the
nomination of candidates for election to the General Assembly
immediately preceding the meeting of the county central
committee.
Cook County Board of Review Election District Committee
(d-1) Each board of review election district committee of
each political party in Cook County shall consist of the
various township committeepersons and ward committeepersons,
if any, of that party in the portions of the county composing
the board of review election district. In the organization and
proceedings of each of the 3 election district committees,
each township committeeperson shall have one vote for each
ballot voted in the committeeperson's township or part of a
township, as the case may be, by the primary electors of the
committeeperson's party at the primary election immediately
preceding the meeting of the board of review election district
committee; and in the organization and proceedings of each of
the 3 election district committees, each ward committeeperson
shall have one vote for each ballot voted in the
committeeperson's ward or part of that ward, as the case may
be, by the primary electors of the committeeperson's party at
the primary election immediately preceding the meeting of the
board of review election district committee.
Congressional Committee
(e) The congressional committee of each party in each
congressional district shall be composed of the chairmen of
the county central committees of the counties composing the
congressional district, except that in congressional districts
wholly within the territorial limits of one county, the
precinct committeepersons, township committeepersons and ward
committeepersons, if any, of the party representing the
precincts within the limits of the congressional district,
shall compose the congressional committee. A State central
committeeperson in each district shall be a member and the
chair or, when a district has 2 State central
committeepersons, a co-chairperson of the congressional
committee, but shall not have the right to vote except in case
of a tie.
In the organization and proceedings of congressional
committees composed of precinct committeepersons or township
committeepersons or ward committeepersons, or any combination
thereof, each precinct committeeperson shall have one vote for
each ballot voted in his precinct by the primary electors of
his party at the primary at which he was elected, each township
committeeperson shall have one vote for each ballot voted in
his township or part of a township as the case may be by the
primary electors of his party at the primary election
immediately preceding the meeting of the congressional
committee, and each ward committeeperson shall have one vote
for each ballot voted in each precinct of his ward located in
such congressional district by the primary electors of his
party at the primary election immediately preceding the
meeting of the congressional committee; and in the
organization and proceedings of congressional committees
composed of the chairmen of the county central committees of
the counties within such district, each chair of such county
central committee shall have one vote for each ballot voted in
his county by the primary electors of his party at the primary
election immediately preceding the meeting of the
congressional committee.
Judicial District Committee
(f) The judicial district committee of each political
party in each judicial district shall be composed of the chair
of the county central committees of the counties composing the
judicial district.
In the organization and proceedings of judicial district
committees composed of the chairmen of the county central
committees of the counties within such district, each chair of
such county central committee shall have one vote for each
ballot voted in his county by the primary electors of his party
at the primary election immediately preceding the meeting of
the judicial district committee.
Circuit Court Committee
(g) The circuit court committee of each political party in
each judicial circuit outside Cook County shall be composed of
the chairmen of the county central committees of the counties
composing the judicial circuit.
In the organization and proceedings of circuit court
committees, each chair of a county central committee shall
have one vote for each ballot voted in his county by the
primary electors of his party at the primary election
immediately preceding the meeting of the circuit court
committee.
Judicial Subcircuit Committee
(g-1) The judicial subcircuit committee of each political
party in each judicial subcircuit in a judicial circuit
divided into subcircuits shall be composed of (i) the ward and
township committeepersons of the townships and wards composing
the judicial subcircuit in Cook County and (ii) the precinct
committeepersons of the precincts composing the judicial
subcircuit in any county other than Cook County.
In the organization and proceedings of each judicial
subcircuit committee, each township committeeperson shall have
one vote for each ballot voted in his township or part of a
township, as the case may be, in the judicial subcircuit by the
primary electors of his party at the primary election
immediately preceding the meeting of the judicial subcircuit
committee; each precinct committeeperson shall have one vote
for each ballot voted in his precinct or part of a precinct, as
the case may be, in the judicial subcircuit by the primary
electors of his party at the primary election immediately
preceding the meeting of the judicial subcircuit committee;
and each ward committeeperson shall have one vote for each
ballot voted in his ward or part of a ward, as the case may be,
in the judicial subcircuit by the primary electors of his
party at the primary election immediately preceding the
meeting of the judicial subcircuit committee.
Municipal Central Committee
(h) The municipal central committee of each political
party shall be composed of the precinct, township or ward
committeepersons, as the case may be, of such party
representing the precincts or wards, embraced in such city,
incorporated town or village. The voting strength of each
precinct, township or ward committeeperson on the municipal
central committee shall be the same as his voting strength on
the county central committee.
For political parties, other than a statewide political
party, established only within a municipality or township, the
municipal or township managing committee shall be composed of
the party officers of the local established party. The party
officers of a local established party shall be as follows: the
chair and secretary of the caucus for those municipalities and
townships authorized by statute to nominate candidates by
caucus shall serve as party officers for the purpose of
filling vacancies in nomination under Section 7-61; for
municipalities and townships authorized by statute or
ordinance to nominate candidates by petition and primary
election, the party officers shall be the party's candidates
who are nominated at the primary. If no party primary was held
because of the provisions of Section 7-5, vacancies in
nomination shall be filled by the party's remaining candidates
who shall serve as the party's officers.
Powers
(i) Each committee and its officers shall have the powers
usually exercised by such committees and by the officers
thereof, not inconsistent with the provisions of this Article.
The several committees herein provided for shall not have
power to delegate any of their powers, or functions to any
other person, officer or committee, but this shall not be
construed to prevent a committee from appointing from its own
membership proper and necessary subcommittees.
(j) The State central committee of a political party which
elects its members by Alternative B under paragraph (a) of
this Section shall adopt a plan to give effect to the delegate
selection rules of the national political party and file a
copy of such plan with the State Board of Elections when
approved by a national political party.
(k) For the purpose of the designation of a proxy by a
Congressional Committee to vote in place of an absent State
central committeeperson at meetings of the State central
committee of a political party which elects its members by
Alternative B under paragraph (a) of this Section, the proxy
shall be appointed by the vote of the ward and township
committeepersons, if any, of the wards and townships which lie
entirely or partially within the Congressional District from
which the absent State central committeeperson was elected and
the vote of the chairmen of the county central committees of
those counties which lie entirely or partially within that
Congressional District and in which there are no ward or
township committeepersons. When voting for such proxy, the
county chair, ward committeeperson or township
committeeperson, as the case may be, shall have one vote for
each ballot voted in his county, ward or township, or portion
thereof within the Congressional District, by the primary
electors of his party at the primary at which he was elected.
However, the absent State central committeeperson may
designate a proxy when permitted by the rules of a political
party which elects its members by Alternative B under
paragraph (a) of this Section.
Notwithstanding any law to the contrary, a person is
ineligible to hold the position of committeeperson in any
committee established pursuant to this Section if he or she is
statutorily ineligible to vote in a general election because
of conviction of a felony. When a committeeperson is convicted
of a felony, the position occupied by that committeeperson
shall automatically become vacant.
(Source: P.A. 102-15, eff. 7-1-23.)
(10 ILCS 5/7-9) (from Ch. 46, par. 7-9)
Sec. 7-9. County central committee; county and State
conventions.
(a) For a State central committee organized under
Alternative A, on On the 29th day next succeeding the primary
at which committeepersons are elected, the county central
committee of each political party shall meet within the county
and proceed to organize by electing from its own number a chair
and either from its own number, or otherwise, such other
officers as such committee may deem necessary or expedient.
For a State central committee organized under Alternative B,
on a date that is not earlier than the 29th day after, nor
later than the 50th day after, the date of the primary at which
committeepersons are elected, the county central committee of
each political party shall meet within the county and proceed
to organize by electing from its own number a chair and either
from its own number, or otherwise, such other officers as such
committee may deem necessary or expedient. Such meeting of the
county central committee shall be known as the county
convention.
The chair of each county committee shall, within 10 days
after the organization, forward to the State Board of
Elections, the names and post office addresses of the
officers, precinct committeepersons and representative
committeepersons elected by his political party.
The county convention of each political party shall choose
delegates to the State convention of its party, if the party
chooses to hold a State convention; but in any county having
within its limits any city having a population of 200,000, or
over the delegates from such city shall be chosen by wards, the
ward committeepersons from the respective wards choosing the
number of delegates to which such ward is entitled on the basis
prescribed in paragraph (e) of this Section such delegates to
be members of the delegation to the State convention from such
county. In all counties containing a population of 2,000,000
or more outside of cities having a population of 200,000 or
more, the delegates from each of the townships or parts of
townships as the case may be shall be chosen by townships or
parts of townships as the case may be, the township
committeepersons from the respective townships or parts of
townships as the case may be choosing the number of delegates
to which such townships or parts of townships as the case may
be are entitled, on the basis prescribed in paragraph (e) of
this Section such delegates to be members of the delegation to
the State convention from such county.
Each member of the State Central Committee of a political
party which elects its members by Alternative B under
paragraph (a) of Section 7-8 shall be a delegate to the State
Convention, if the party chooses to hold a State convention,
ex officio.
Each member of the State Central Committee of a political
party which elects its members by Alternative B under
paragraph (a) of Section 7-8 may appoint 2 delegates to the
State Convention, if the party chooses to hold a State
convention, who must be residents of the member's
Congressional District.
(b) State conventions may be held within 180 days after
the general primary in the year 2000 and every 4 years
thereafter. In the year 1998, and every 4 years thereafter,
the chair of a State central committee may issue a call for a
State convention within 180 days after the general primary.
The State convention of each political party, if the party
chooses to hold a State convention, has power to make
nominations of candidates of its political party for the
electors of President and Vice President of the United States,
and to adopt any party platform, and, to the extent determined
by the State central committee as provided in Section 7-14, to
choose and select delegates and alternate delegates at large
to national nominating conventions. The State Central
Committee may adopt rules to provide for and govern the
procedures of the State convention.
(c) The chair and secretary of each State convention, if
the party chooses to hold a State convention, shall, within 2
days thereafter, transmit to the State Board of Elections of
this State a certificate setting forth the names and addresses
of all persons nominated by such State convention for electors
of President and Vice President of the United States, and of
any persons selected by the State convention for delegates and
alternate delegates at large to national nominating
conventions; and the names of such candidates so chosen by
such State convention for electors of President and Vice
President of the United States, shall be caused by the State
Board of Elections to be printed upon the official ballot at
the general election, in the manner required by law, and shall
be certified to the various county clerks of the proper
counties in the manner as provided in Section 7-60 of this
Article 7 for the certifying of the names of persons nominated
by any party for State offices. If and as long as this Act
prescribes that the names of such electors be not printed on
the ballot, then the names of such electors shall be certified
in such manner as may be prescribed by the parts of this Act
applicable thereto.
(d) Each convention, if the party chooses to hold a State
convention, may perform all other functions inherent to such
political organization and not inconsistent with this Article.
(e) At least 33 days before the date of a State convention,
if the party chooses to hold a State convention, the chair of
the State central committee of each political party shall file
in the principal office of the State Board of Elections a call
for the State convention. Such call shall state, among other
things, the time and place (designating the building or hall)
for holding the State convention. Such call shall be signed by
the chair and attested by the secretary of the committee. In
such convention each county shall be entitled to one delegate
for each 500 ballots voted by the primary electors of the party
in such county at the primary to be held next after the
issuance of such call; and if in such county, less than 500
ballots are so voted or if the number of ballots so voted is
not exactly a multiple of 500, there shall be one delegate for
such group which is less than 500, or for such group
representing the number of votes over the multiple of 500,
which delegate shall have 1/500 of one vote for each primary
vote so represented by him. The call for such convention shall
set forth this paragraph (e) of Section 7-9 in full and shall
direct that the number of delegates to be chosen be calculated
in compliance herewith and that such number of delegates be
chosen.
(f) All precinct, township and ward committeepersons when
elected as provided in this Section shall serve as though
elected at large irrespective of any changes that may be made
in precinct, township or ward boundaries and the voting
strength of each committeeperson shall remain as provided in
this Section for the entire time for which he is elected.
(g) The officers elected at any convention provided for in
this Section shall serve until their successors are elected as
provided in this Act.
(h) A special meeting of any central committee may be
called by the chair, or by not less than 25% of the members of
such committee, by giving 5 days notice to members of such
committee in writing designating the time and place at which
such special meeting is to be held and the business which it is
proposed to present at such special meeting.
(i) Except as otherwise provided in this Act, whenever a
vacancy exists in the office of precinct committeeperson
because no one was elected to that office or because the
precinct committeeperson ceases to reside in the precinct or
for any other reason, the chair of the county central
committee of the appropriate political party may fill the
vacancy in such office by appointment of a qualified resident
of the county and the appointed precinct committeeperson shall
serve as though elected; however, for a State central
committee organized under Alternative A, no such appointment
may be made between the general primary election and the 30th
day after the general primary election and for a State central
committee organized under Alternative B, no such appointment
may be made between the general primary election and the
county convention following the general primary election.
(j) If the number of Congressional Districts in the State
of Illinois is reduced as a result of reapportionment of
Congressional Districts following a federal decennial census,
the State Central Committeemen and Committeewomen of a
political party which elects its State Central Committee by
either Alternative A or by Alternative B under paragraph (a)
of Section 7-8 who were previously elected shall continue to
serve as if no reapportionment had occurred until the
expiration of their terms.
(Source: P.A. 99-522, eff. 6-30-16; 100-1027, eff. 1-1-19.)
(10 ILCS 5/9-3) (from Ch. 46, par. 9-3)
Sec. 9-3. Political committee statement of organization.
(a) Every political committee shall file with the State
Board of Elections a statement of organization within 10
business days of the creation of such committee, except any
political committee created within the 30 days before an
election shall file a statement of organization within 2
business days in person, by facsimile transmission, or by
electronic mail. Any change in information previously
submitted in a statement of organization shall be reported, as
required for the original statement of organization by this
Section, within 10 days following that change. The Board shall
impose a civil penalty of $50 per business day upon political
committees for failing to file or late filing of a statement of
organization. Such penalties shall not exceed $5,000, and
shall not exceed $10,000 for statewide office political
committees. There shall be no fine if the statement is mailed
and postmarked at least 72 hours prior to the filing deadline.
In addition to the civil penalties authorized by this
Section, the State Board of Elections or any other political
committee may apply to the circuit court for a temporary
restraining order or a preliminary or permanent injunction
against the political committee to cease the expenditure of
funds and to cease operations until the statement of
organization is filed.
For the purpose of this Section, "statewide office" means
the Governor, Lieutenant Governor, Secretary of State,
Attorney General, State Treasurer, and State Comptroller.
(b) The statement of organization shall include:
(1) the name and address of the political committee
and the designation required by Section 9-2;
(2) the scope, area of activity, party affiliation,
and purposes of the political committee;
(3) the name, address, and position of each custodian
of the committee's books and accounts;
(4) the name, address, and position of the committee's
principal officers, including the chairman, treasurer, and
officers and members of its finance committee, if any;
(5) (blank) the name and address of any sponsoring
entity;
(6) a statement of what specific disposition of
residual fund will be made in the event of the dissolution
or termination of the committee;
(7) a listing of all banks or other financial
institutions, safety deposit boxes, and any other
repositories or custodians of funds used by the committee;
and
(8) the amount of funds available for campaign
expenditures as of the filing date of the committee's
statement of organization.
For purposes of this Section, a "sponsoring entity" is (i)
any person, organization, corporation, or association that
contributes at least 33% of the total funding of the political
committee or (ii) any person or other entity that is
registered or is required to register under the Lobbyist
Registration Act and contributes at least 33% of the total
funding of the political committee.
(c) Each statement of organization required to be filed in
accordance with this Section shall be verified, dated, and
signed by either the treasurer of the political committee
making the statement or the candidate on whose behalf the
statement is made and shall contain substantially the
following verification:
"VERIFICATION:
I declare that this statement of organization (including
any accompanying schedules and statements) has been examined
by me and, to the best of my knowledge and belief, is a true,
correct, and complete statement of organization as required by
Article 9 of the Election Code. I understand that willfully
filing a false or incomplete statement is subject to a civil
penalty of at least $1,001 and up to $5,000.
................ ..........................................
(date of filing) (signature of person making the statement)".
(d) The statement of organization for a ballot initiative
committee also shall include a verification signed by the
chairperson of the committee that (i) the committee is formed
for the purpose of supporting or opposing a question of public
policy, (ii) all contributions and expenditures of the
committee will be used for the purpose described in the
statement of organization, (iii) the committee may accept
unlimited contributions from any source, provided that the
ballot initiative committee does not make contributions or
expenditures in support of or opposition to a candidate or
candidates for nomination for election, election, or
retention, and (iv) failure to abide by these requirements
shall deem the committee in violation of this Article.
(d-5) The statement of organization for an independent
expenditure committee also shall include a verification signed
by the chairperson of the committee that (i) the committee is
formed for the exclusive purpose of making independent
expenditures, (ii) all contributions and expenditures of the
committee will be used for the purpose described in the
statement of organization, (iii) the committee may accept
unlimited contributions from any source, provided that the
independent expenditure committee does not make contributions
to any candidate political committee, political party
committee, or political action committee, and (iv) failure to
abide by these requirements shall deem the committee in
violation of this Article.
(e) For purposes of implementing the changes made by this
amendatory Act of the 96th General Assembly, every political
committee in existence on the effective date of this
amendatory Act of the 96th General Assembly shall file the
statement required by this Section with the Board by December
31, 2010.
(Source: P.A. 99-522, eff. 6-30-16.)
(10 ILCS 5/10-9) (from Ch. 46, par. 10-9)
Sec. 10-9. The following electoral boards are designated
for the purpose of hearing and passing upon the objector's
petition described in Section 10-8.
1. The State Board of Elections will hear and pass
upon objections to the nominations of candidates for State
offices, nominations of candidates for congressional or
legislative offices that are in more than one county or
are wholly located within a single county with a
population of less than 3,000,000 and judicial offices of
districts, subcircuits, or circuits situated in more than
one county, nominations of candidates for the offices of
State's attorney or regional superintendent of schools to
be elected from more than one county, and petitions for
proposed amendments to the Constitution of the State of
Illinois as provided for in Section 3 of Article XIV of the
Constitution.
2. The county officers electoral board of a county
with a population of less than 3,000,000 to hear and pass
upon objections to the nominations of candidates for
county offices and judicial offices of a district,
subcircuit, or circuit coterminous with or less than a
county, for any school district offices, for the office of
multi-township assessor where candidates for such office
are nominated in accordance with this Code, and for all
special district offices, shall be composed of the county
clerk, or an assistant designated by the county clerk, the
State's attorney of the county or an Assistant State's
Attorney designated by the State's Attorney, and the clerk
of the circuit court, or an assistant designated by the
clerk of the circuit court, of the county, of whom the
county clerk or his designee shall be the chair, except
that in any county which has established a county board of
election commissioners that board shall constitute the
county officers electoral board ex-officio. If a school
district is located in 2 or more counties, the county
officers electoral board of the county in which the
principal office of the school district is located shall
hear and pass upon objections to nominations of candidates
for school district office in that school district.
2.5. The county officers electoral board of a county
with a population of 3,000,000 or more to hear and pass
upon objections to the nominations of candidates for
county offices, candidates for congressional and
legislative offices and representatives in the General
Assembly if the district is wholly within a county with a
population of 3,000,000 or more, unless the district is
wholly or partially within the jurisdiction of a municipal
board of election commissioners, and judicial offices of a
district, subcircuit, or circuit coterminous with or less
than a county, for any school district offices, for the
office of multi-township assessor where candidates for
such office are nominated in accordance with this Code,
and for all special district offices, and for candidates
for the Senate, shall be composed of the county clerk, or
an assistant designated by the county clerk, the State's
Attorney of the county or an Assistant State's Attorney
designated by the State's Attorney, and the clerk of the
circuit court, or an assistant designated by the clerk of
the circuit court, of the county, of whom the county clerk
or his designee shall be the chair, except that, in any
county which has established a county board of election
commissioners, that board shall constitute the county
officers electoral board ex-officio. If a school district
is located in 2 or more counties, the county officers
electoral board of the county in which the principal
office of the school district is located shall hear and
pass upon objections to nominations of candidates for
school district office in that school district.
3. The municipal officers electoral board to hear and
pass upon objections to the nominations of candidates for
officers of municipalities shall be composed of the mayor
or president of the board of trustees of the city, village
or incorporated town, and the city, village or
incorporated town clerk, and one member of the city
council or board of trustees, that member being designated
who is eligible to serve on the electoral board and has
served the greatest number of years as a member of the city
council or board of trustees, of whom the mayor or
president of the board of trustees shall be the chair.
4. The township officers electoral board to pass upon
objections to the nominations of township officers shall
be composed of the township supervisor, the town clerk,
and that eligible town trustee elected in the township who
has had the longest term of continuous service as town
trustee, of whom the township supervisor shall be the
chair.
5. The education officers electoral board to hear and
pass upon objections to the nominations of candidates for
offices in community college districts shall be composed
of the presiding officer of the community college district
board, who shall be the chair, the secretary of the
community college district board and the eligible elected
community college board member who has the longest term of
continuous service as a board member.
6. In all cases, however, where the Congressional,
Legislative, or Representative district is wholly or
partially within the jurisdiction of a single municipal
board of election commissioners in Cook County and in all
cases where the school district or special district is
wholly within the jurisdiction of a municipal board of
election commissioners and in all cases where the
municipality or township is wholly or partially within the
jurisdiction of a municipal board of election
commissioners, the board of election commissioners shall
ex-officio constitute the electoral board.
For special districts situated in more than one county,
the county officers electoral board of the county in which the
principal office of the district is located has jurisdiction
to hear and pass upon objections. For purposes of this
Section, "special districts" means all political subdivisions
other than counties, municipalities, townships and school and
community college districts.
In the event that any member of the appropriate board is a
candidate for the office with relation to which the objector's
petition is filed, he shall not be eligible to serve on that
board and shall not act as a member of the board and his place
shall be filled as follows:
a. In the county officers electoral board by the
county treasurer, and if he or she is ineligible to serve,
by the sheriff of the county.
b. In the municipal officers electoral board by the
eligible elected city council or board of trustees member
who has served the second greatest number of years as a
city council or board of trustees member.
c. In the township officers electoral board by the
eligible elected town trustee who has had the second
longest term of continuous service as a town trustee.
d. In the education officers electoral board by the
eligible elected community college district board member
who has had the second longest term of continuous service
as a board member.
In the event that the chair of the electoral board is
ineligible to act because of the fact that he or she is a
candidate for the office with relation to which the objector's
petition is filed, then the substitute chosen under the
provisions of this Section shall be the chair; In this case,
the officer or board with whom the objector's petition is
filed, shall transmit the certificate of nomination or
nomination papers as the case may be, and the objector's
petition to the substitute chair of the electoral board.
When 2 or more eligible individuals, by reason of their
terms of service on a city council or board of trustees,
township board of trustees, or community college district
board, qualify to serve on an electoral board, the one to serve
shall be chosen by lot.
Any vacancies on an electoral board not otherwise filled
pursuant to this Section shall be filled by public members
appointed by the Chief Judge of the Circuit Court for the
county wherein the electoral board hearing is being held upon
notification to the Chief Judge of such vacancies. The Chief
Judge shall be so notified by a member of the electoral board
or the officer or board with whom the objector's petition was
filed. In the event that none of the individuals designated by
this Section to serve on the electoral board are eligible, the
chair of an electoral board shall be designated by the Chief
Judge.
(Source: P.A. 100-1027, eff. 1-1-19.)
(10 ILCS 5/10-10) (from Ch. 46, par. 10-10)
Sec. 10-10. Within 24 hours after the receipt of the
certificate of nomination or nomination papers or proposed
question of public policy, as the case may be, and the
objector's petition, the chair 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; to the election authority to whom the ballot is
certified; and to the appropriate county clerk. The chair of
the electoral board other than the State Board of Elections ,
and shall also cause the sheriff of the county or counties in
which such officers and persons reside to serve a copy of such
call upon each of such officers and persons, which call shall
set out the fact that the electoral board is required to meet
to hear and pass upon the objections to nominations made for
the office, designating it, and shall state the day, hour and
place at which the electoral board shall meet for the purpose,
which place shall be in the county court house in the county in
the case of the County Officers Electoral Board, the Municipal
Officers Electoral Board, the Township Officers Electoral
Board or the Education Officers Electoral Board, except that
the Municipal Officers Electoral Board, the Township Officers
Electoral Board, and the Education Officers Electoral Board
may meet at the location where the governing body of the
municipality, township, or community college district,
respectively, holds its regularly scheduled meetings, if that
location is available; provided that voter records may be
removed from the offices of an election authority only at the
discretion and under the supervision of the election
authority. In those cases where the State Board of Elections
is the electoral board designated under Section 10-9, the
chair of the State Board of Elections shall, within 24 hours
after the receipt of the certificate of nomination or
nomination papers or petitions for a proposed amendment to
Article IV of the Constitution or proposed statewide question
of public policy, send a call by registered or certified mail
to the objector who files the objector's petition, and either
to the candidate whose certificate of nomination or nomination
papers are objected to or to the principal proponent or
attorney for proponents of the proposed Constitutional
amendment or statewide question of public policy and shall
state the day, hour, and place at which the electoral board
shall meet for the purpose, which place may be in the Capitol
Building or in the principal or permanent branch office of the
State Board. The day of the meeting shall not be less than 3
nor more than 5 days after the receipt of the certificate of
nomination or nomination papers and the objector's petition by
the chair of the electoral board.
The electoral board shall have the power to administer
oaths and to subpoena and examine witnesses and, at the
request of either party and only upon a vote by a majority of
its members, may authorize the chair to issue subpoenas
requiring the attendance of witnesses and subpoenas duces
tecum requiring the production of such books, papers, records
and documents as may be evidence of any matter under inquiry
before the electoral board, in the same manner as witnesses
are subpoenaed in the Circuit Court.
Service of such subpoenas shall be made by any sheriff or
other person in the same manner as in cases in such court and
the fees of such sheriff shall be the same as is provided by
law, and shall be paid by the objector or candidate who causes
the issuance of the subpoena. In case any person so served
shall knowingly neglect or refuse to obey any such subpoena,
or to testify, the electoral board shall at once file a
petition in the circuit court of the county in which such
hearing is to be heard, or has been attempted to be heard,
setting forth the facts, of such knowing refusal or neglect,
and accompanying the petition with a copy of the citation and
the answer, if one has been filed, together with a copy of the
subpoena and the return of service thereon, and shall apply
for an order of court requiring such person to attend and
testify, and forthwith produce books and papers, before the
electoral board. Any circuit court of the state, excluding the
judge who is sitting on the electoral board, upon such showing
shall order such person to appear and testify, and to
forthwith produce such books and papers, before the electoral
board at a place to be fixed by the court. If such person shall
knowingly fail or refuse to obey such order of the court
without lawful excuse, the court shall punish him or her by
fine and imprisonment, as the nature of the case may require
and may be lawful in cases of contempt of court.
The electoral board on the first day of its meeting shall
adopt rules of procedure for the introduction of evidence and
the presentation of arguments and may, in its discretion,
provide for the filing of briefs by the parties to the
objection or by other interested persons.
In the event of a State Electoral Board hearing on
objections to a petition for an amendment to Article IV of the
Constitution pursuant to Section 3 of Article XIV of the
Constitution, or to a petition for a question of public policy
to be submitted to the voters of the entire State, the
certificates of the county clerks and boards of election
commissioners showing the results of the random sample of
signatures on the petition shall be prima facie valid and
accurate, and shall be presumed to establish the number of
valid and invalid signatures on the petition sheets reviewed
in the random sample, as prescribed in Section 28-11 and 28-12
of this Code. Either party, however, may introduce evidence at
such hearing to dispute the findings as to particular
signatures. In addition to the foregoing, in the absence of
competent evidence presented at such hearing by a party
substantially challenging the results of a random sample, or
showing a different result obtained by an additional sample,
this certificate of a county clerk or board of election
commissioners shall be presumed to establish the ratio of
valid to invalid signatures within the particular election
jurisdiction.
The electoral board shall take up the question as to
whether or not the certificate of nomination or nomination
papers or petitions are in proper form, and whether or not they
were filed within the time and under the conditions required
by law, and whether or not they are the genuine certificate of
nomination or nomination papers or petitions which they
purport to be, and whether or not in the case of the
certificate of nomination in question it represents accurately
the decision of the caucus or convention issuing it, and in
general shall decide whether or not the certificate of
nomination or nominating papers or petitions on file are valid
or whether the objections thereto should be sustained and the
decision of a majority of the electoral board shall be final
subject to judicial review as provided in Section 10-10.1. The
electoral board must state its findings in writing and must
state in writing which objections, if any, it has sustained. A
copy of the decision shall be served upon the parties to the
proceedings in open proceedings before the electoral board. If
a party does not appear for receipt of the decision, the
decision shall be deemed to have been served on the absent
party on the date when a copy of the decision is personally
delivered or on the date when a copy of the decision is
deposited in the United States mail, in a sealed envelope or
package, with postage prepaid, addressed to each party
affected by the decision or to such party's attorney of
record, if any, at the address on record for such person in the
files of the electoral board.
Upon the expiration of the period within which a
proceeding for judicial review must be commenced under Section
10-10.1, the electoral board shall, unless a proceeding for
judicial review has been commenced within such period,
transmit, by registered or certified mail, a certified copy of
its ruling, together with the original certificate of
nomination or nomination papers or petitions and the original
objector's petition, to the officer or board with whom the
certificate of nomination or nomination papers or petitions,
as objected to, were on file and to the election authority to
whom the ballot is certified and the appropriate county clerk,
and such officer or board shall abide by and comply with the
ruling so made to all intents and purposes.
(Source: P.A. 99-78, eff. 7-20-15; 99-642, eff. 7-28-16;
100-1027, eff. 1-1-19.)
(10 ILCS 5/11-4) (from Ch. 46, par. 11-4)
Sec. 11-4. It shall be the duty of the Board of Election
Commissioners, established under Article 6 of this Act, to
appoint the place of registry in each precinct for the first
registration under Article 6 of this Act and the places for
registry in subsequent registrations in the manner provided by
such Article, and also the polling place in each precinct in
such city, village or incorporated town which has adopted or
is operating under said Article 6, and to give public notice
thereof, and shall cause the same to be fitted up, warmed,
lighted and cleaned, but in each election precinct and in each
area for which a registration place is designated such place
or places shall be in the most public, orderly and convenient
portions thereof, and no building or part of a building shall
be designated or used as a place of registry, or revision of
registration, or as a polling place, in which spirituous or
intoxicating liquor is sold. Provided, however, where the
Board of Election Commissioners is unable to secure a suitable
polling place within the boundaries of a precinct, it may
select a polling place on a street immediately adjacent to and
adjoining the precinct. Said Board of Election Commissioners
may demand of the chief of police or the sheriff, to furnish
officers of the law to attend during the progress of any
registration, revision or election, at any place or places of
registration, or any polling place, or places, designated by
said commissioners, or to attend at any meeting of said
commissioners. Said officers of the law, shall be furnished by
said chief of police or sheriff and shall be stationed in the
place or places of registration and polling place or places in
such manner as said commissioners shall direct, and during
said assignment shall be under the direction and control of
the election commissioners.
Notwithstanding the above, when there are no more than 50
registered voters in a precinct who are entitled to vote in a
local government or school district election, the election
authority having jurisdiction over the precinct, is authorized
to reassign such voters to one or more polling places in
adjacent precincts, within or without the election authority's
jurisdiction, for that election. For the purposes of such
local government or school district election only, the votes
of the reassigned voters shall be tallied and canvassed as
votes from the precinct of the polling place to which such
voters have been reassigned. The election authority having
jurisdiction over the precinct shall approve all
administrative and polling place procedures. Such procedures
shall take into account voter convenience, and ensure that the
integrity of the election process is maintained and that the
secrecy of the ballot is not violated.
Except in the event of a fire, flood or total loss of heat
in a place fixed or established by the Board of Election
Commissioners pursuant to this Section as a polling place for
an election, no election authority shall change the location
of a polling place so established for any precinct after
notice of the place of holding the election for that precinct
has been given as required under Article 12 unless the
election authority notifies all registered voters in the
precinct of the change in location by first class mail in
sufficient time for such notice to be received by the
registered voters in the precinct at least one day prior to the
date of the election.
If, within the 10 days before any election, an election
authority changes a polling location, the election authority
shall send notice by electronic mail or phone call to the
township committeeperson, ward committeeperson, or precinct
committeepersons, as applicable, as soon as the location of
the polling place is changed.
(Source: P.A. 86-867.)
(10 ILCS 5/11-8)
(Section scheduled to be repealed on July 1, 2023)
Sec. 11-8. Vote centers.
(a) Notwithstanding any law to the contrary, election
authorities shall establish at least one location to be
located at an office of the election authority or in the
largest municipality within its jurisdiction where all voters
in its jurisdiction are allowed to vote on election day during
polling place hours, regardless of the precinct in which they
are registered, and that location shall provide curbside
voting. Election authorities may establish more than one vote
center, but in jurisdictions with a population of more than
500,000 inhabitants, the election authority shall establish at
least 2 vote centers. An election authority establishing such
a location under this Section shall identify the location and
any health and safety requirements by the 40th day preceding
an the 2022 general primary election and the 2022 general
election and certify such to the State Board of Elections.
(b) This Section is repealed on July 1, 2029 2023.
(Source: P.A. 102-15, eff. 6-17-21; 102-668, eff. 11-15-21;
102-1109, eff. 12-21-22.)
(10 ILCS 5/12-4) (from Ch. 46, par. 12-4)
Sec. 12-4. Not more than 30 nor less than 10 days prior to
the date of the consolidated and nonpartisan elections, each
election authority shall publish notice of the election of
officers of each political subdivision to be conducted in his
or its jurisdiction on such election date. The notice of
election shall be published once in one or more newspapers
published in each political subdivision, and if there is no
such newspaper, then published once in a local, community
newspaper having general circulation in the subdivision, and
also once in a newspaper published in the county wherein the
political subdivisions or portions thereof, having such
elections are situated.
The notice shall be substantially in the form prescribed
in Section 12-1, and may include notice of the location of the
precincts and polling places within or including part of the
political subdivision in which the election is to be
conducted.
Not less than 10 days before each such election, the
election authority shall publish notice of the precincts and
the location of the polling places where the election will be
conducted for political subdivisions wholly or partially
within its jurisdiction. The election authority shall cause
publication in the manner heretofore prescribed for the notice
of election.
If, within the 10 days before any election, an election
authority changes a polling location, the election authority
shall send notice by electronic mail or phone call to the
township committeeperson, ward committeeperson, or precinct
committeepersons, as applicable, as soon as the location of
the polling place is changed.
(Source: P.A. 81-963.)
(10 ILCS 5/16-3) (from Ch. 46, par. 16-3)
Sec. 16-3. (a) The names of all candidates to be voted for
in each election district or precinct shall be printed on one
ballot, except as is provided in Sections 16-6, 16-6.1, and
21-1.01 of this Code Act and except as otherwise provided in
this Code Act with respect to the odd year regular elections
and the emergency referenda. The lettering of candidate names
on a ballot shall be in both capital and lowercase letters in
conformance with standard English language guidelines, unless
compliance is not feasible due to the election system utilized
by the election authority. All ; all nominations of any
political party shall be being placed under the party
appellation or title of such party as designated in the
certificates of nomination or petitions. The names of all
independent candidates shall be printed upon the ballot in a
column or columns under the heading "independent" arranged
under the names or titles of the respective offices for which
such independent candidates shall have been nominated and so
far as practicable, the name or names of any independent
candidate or candidates for any office shall be printed upon
the ballot opposite the name or names of any candidate or
candidates for the same office contained in any party column
or columns upon said ballot. The ballot shall contain no other
names, except that in cases of electors for President and
Vice-President of the United States, the names of the
candidates for President and Vice-President may be added to
the party designation and words calculated to aid the voter in
his choice of candidates may be added, such as "Vote for one,"
"Vote for not more than three." If no candidate or candidates
file for an office and if no person or persons file a
declaration as a write-in candidate for that office, then
below the title of that office the election authority instead
shall print "No Candidate". When an electronic voting system
is used which utilizes a ballot label booklet, the candidates
and questions shall appear on the pages of such booklet in the
order provided by this Code; and, in any case where candidates
for an office appear on a page which does not contain the name
of any candidate for another office, and where less than 50% of
the page is utilized, the name of no candidate shall be printed
on the lowest 25% of such page. On the back or outside of the
ballot, so as to appear when folded, shall be printed the words
"Official Ballot", followed by the designation of the polling
place for which the ballot is prepared, the date of the
election and a facsimile of the signature of the election
authority who has caused the ballots to be printed. The
ballots shall be of plain white paper, through which the
printing or writing cannot be read. However, ballots for use
at the nonpartisan and consolidated elections may be printed
on different color paper, except blue paper, whenever
necessary or desirable to facilitate distinguishing between
ballots for different political subdivisions. In the case of
nonpartisan elections for officers of a political subdivision,
unless the statute or an ordinance adopted pursuant to Article
VII of the Constitution providing the form of government
therefor requires otherwise, the column listing such
nonpartisan candidates shall be printed with no appellation or
circle at its head. The party appellation or title, or the word
"independent" at the head of any column provided for
independent candidates, shall be printed in letters not less
than one-fourth of an inch in height and a circle one-half inch
in diameter shall be printed at the beginning of the line in
which such appellation or title is printed, provided, however,
that no such circle shall be printed at the head of any column
or columns provided for such independent candidates. The names
of candidates shall be printed in letters not less than
one-eighth nor more than one-fourth of an inch in height, and
at the beginning of each line in which a name of a candidate is
printed a square shall be printed, the sides of which shall be
not less than one-fourth of an inch in length. However, the
names of the candidates for Governor and Lieutenant Governor
on the same ticket shall be printed within a bracket and a
single square shall be printed in front of the bracket. The
list of candidates of the several parties and any such list of
independent candidates shall be placed in separate columns on
the ballot in such order as the election authorities charged
with the printing of the ballots shall decide; provided, that
the names of the candidates of the several political parties,
certified by the State Board of Elections to the several
county clerks shall be printed by the county clerk of the
proper county on the official ballot in the order certified by
the State Board of Elections. Any county clerk refusing,
neglecting or failing to print on the official ballot the
names of candidates of the several political parties in the
order certified by the State Board of Elections, and any
county clerk who prints or causes to be printed upon the
official ballot the name of a candidate, for an office to be
filled by the Electors of the entire State, whose name has not
been duly certified to him upon a certificate signed by the
State Board of Elections shall be guilty of a Class C
misdemeanor.
(b) When an electronic voting system is used which
utilizes a ballot card, on the inside flap of each ballot card
envelope there shall be printed a form for write-in voting
which shall be substantially as follows:
WRITE-IN VOTES
(See card of instructions for specific information.
Duplicate form below by hand for additional write-in votes.)
.............................
Title of Office
( ) .............................
Name of Candidate
Write-in lines equal to the number of candidates for which
a voter may vote shall be printed for an office only if one or
more persons filed declarations of intent to be write-in
candidates or qualify to file declarations to be write-in
candidates under Sections 17-16.1 and 18-9.1 when the
certification of ballot contains the words "OBJECTION
PENDING".
(c) When an electronic voting system is used which uses a
ballot sheet, the instructions to voters on the ballot sheet
shall refer the voter to the card of instructions for specific
information on write-in voting. Below each office appearing on
such ballot sheet there shall be a provision for the casting of
a write-in vote. Write-in lines equal to the number of
candidates for which a voter may vote shall be printed for an
office only if one or more persons filed declarations of
intent to be write-in candidates or qualify to file
declarations to be write-in candidates under Sections 17-16.1
and 18-9.1 when the certification of ballot contains the words
"OBJECTION PENDING".
(d) When such electronic system is used, there shall be
printed on the back of each ballot card, each ballot card
envelope, and the first page of the ballot label when a ballot
label is used, the words "Official Ballot," followed by the
number of the precinct or other precinct identification, which
may be stamped, in lieu thereof and, as applicable, the number
and name of the township, ward or other election district for
which the ballot card, ballot card envelope, and ballot label
are prepared, the date of the election and a facsimile of the
signature of the election authority who has caused the ballots
to be printed. The back of the ballot card shall also include a
method of identifying the ballot configuration such as a
listing of the political subdivisions and districts for which
votes may be cast on that ballot, or a number code identifying
the ballot configuration or color coded ballots, except that
where there is only one ballot configuration in a precinct,
the precinct identification, and any applicable ward
identification, shall be sufficient. Ballot card envelopes
used in punch card systems shall be of paper through which no
writing or punches may be discerned and shall be of sufficient
length to enclose all voting positions. However, the election
authority may provide ballot card envelopes on which no
precinct number or township, ward or other election district
designation, or election date are preprinted, if space and a
preprinted form are provided below the space provided for the
names of write-in candidates where such information may be
entered by the judges of election. Whenever an election
authority utilizes ballot card envelopes on which the election
date and precinct is not preprinted, a judge of election shall
mark such information for the particular precinct and election
on the envelope in ink before tallying and counting any
write-in vote written thereon. If some method of insuring
ballot secrecy other than an envelope is used, such
information must be provided on the ballot itself.
(e) In the designation of the name of a candidate on the
ballot, the candidate's given name or names, initial or
initials, a nickname by which the candidate is commonly known,
or a combination thereof, may be used in addition to the
candidate's surname. If a candidate has changed his or her
name, whether by a statutory or common law procedure in
Illinois or any other jurisdiction, within 3 years before the
last day for filing the petition for nomination, nomination
papers, or certificate of nomination for that office,
whichever is applicable, then (i) the candidate's name on the
ballot must be followed by "formerly known as (list all prior
names during the 3-year period) until name changed on (list
date of each such name change)" and (ii) the petition, papers,
or certificate must be accompanied by the candidate's
affidavit stating the candidate's previous names during the
period specified in (i) and the date or dates each of those
names was changed; failure to meet these requirements shall be
grounds for denying certification of the candidate's name for
the ballot or removing the candidate's name from the ballot,
as appropriate, but these requirements do not apply to name
changes resulting from adoption to assume an adoptive parent's
or parents' surname, marriage or civil union to assume a
spouse's surname, or dissolution of marriage or civil union or
declaration of invalidity of marriage or civil union to assume
a former surname or a name change that conforms the
candidate's name to his or her gender identity. No other
designation such as a political slogan, title, or degree or
nickname suggesting or implying possession of a title, degree
or professional status, or similar information may be used in
connection with the candidate's surname. For purposes of this
Section, a "political slogan" is defined as any word or words
expressing or connoting a position, opinion, or belief that
the candidate may espouse, including, but not limited to, any
word or words conveying any meaning other than that of the
personal identity of the candidate. A candidate may not use a
political slogan as part of his or her name on the ballot,
notwithstanding that the political slogan may be part of the
candidate's name.
(f) The State Board of Elections, a local election
official, or an election authority shall remove any
candidate's name designation from a ballot that is
inconsistent with subsection (e) of this Section. In addition,
the State Board of Elections, a local election official, or an
election authority shall not certify to any election authority
any candidate name designation that is inconsistent with
subsection (e) of this Section.
(g) If the State Board of Elections, a local election
official, or an election authority removes a candidate's name
designation from a ballot under subsection (f) of this
Section, then the aggrieved candidate may seek appropriate
relief in circuit court.
Where voting machines or electronic voting systems are
used, the provisions of this Section may be modified as
required or authorized by Article 24 or Article 24A, whichever
is applicable.
Nothing in this Section shall prohibit election
authorities from using or reusing ballot card envelopes which
were printed before January 1, 1986 (the effective date of
Public Act 84-820) this amendatory Act of 1985.
(Source: P.A. 102-15, eff. 6-17-21; revised 2-28-22.)
(10 ILCS 5/16-6) (from Ch. 46, par. 16-6)
Sec. 16-6. Whenever one or more proposals for amendment of
the constitution or the calling of a constitutional convention
or any combination thereof is or are to be voted upon by the
people, the proposition or propositions for the adoption or
rejection of such amendment or amendments or convention shall
be submitted upon the same a ballot separate from the
"Official Ballot" containing the names of candidates for State
and other offices to be voted at such election. Such
proposition or propositions shall be printed at the top of the
"Official Ballot" preceding the names of candidates for State
and other offices to be voted at such election. Such
proposition or propositions shall be printed upon plain white
paper with no shading, highlighting, or other distinct
markings and shall include the official title of the section
so named to be added or amended in the Constitution. Such
separate ballot shall be printed upon paper of a distinctly
blue color and shall, as near as may be practicable, be of
uniform size and blue color, but any variation in the size of
such ballots or in the tincture of blue employed shall not
affect or impair the validity thereof. Preceding each proposal
to amend the constitution shall be printed the brief
explanation of the amendment, prepared by the General
Assembly, or in the case of a proposed amendment initiated by
petition pursuant to Section 3 of Article XIV of the
Constitution of the State of Illinois by the principal
proponents of the amendment as approved by the Attorney
General, and immediately below the explanation, the
proposition shall be printed in substantially the following
form:
-------------------------------------------------------------
YES For the proposed amendment -
---------- to Article ______ (or Section
NO _______ of Article ______) of
the Constitution.
-------------------------------------------------------------
In the case of a proposition for the calling of a
constitutional convention, such proposition shall be printed
in substantially the following form:
-------------------------------------------------------------
YES For the calling -
---------- of a Constitutional
NO Convention.
-------------------------------------------------------------
Included with the ballot there On the back or outside of
the ballot so as to appear when folded, shall be a printed
notice with the words "CONSTITUTION AMENDMENT BALLOT",
followed by the designation of the polling place for which the
ballot is prepared, the date of the election and a facsimile of
the signature of the clerk or other officer who has caused the
ballots to be printed. Immediately above the words
"CONSTITUTION AMENDMENT BALLOT" in the case of a proposition
for the calling of a constitutional convention or a
proposition to amend the Constitution the following legend
shall be printed in bold face type:
"NOTICE
THE FAILURE TO VOTE THIS BALLOT MAY BE THE EQUIVALENT OF A
NEGATIVE VOTE, BECAUSE A CONVENTION SHALL BE CALLED OR THE
AMENDMENT SHALL BECOME EFFECTIVE IF APPROVED BY EITHER
THREE-FIFTHS OF THOSE VOTING ON THE QUESTION OR A MAJORITY OF
THOSE VOTING IN THE ELECTION. (THIS IS NOT TO BE CONSTRUED AS A
DIRECTION THAT YOUR VOTE IS REQUIRED TO BE CAST EITHER IN FAVOR
OF OR IN OPPOSITION TO THE PROPOSITION HEREIN CONTAINED.)
WHETHER YOU VOTE THIS BALLOT OR NOT YOU MUST RETURN IT TO
THE ELECTION JUDGE WHEN YOU LEAVE THE VOTING BOOTH".
If a proposition for the calling of a constitutional
convention is submitted at the same election as one or more
propositions to amend the constitution, the proposition for
the calling of a constitutional convention shall be printed at
the top of the ballot. In such case, the constitution
amendment notice the back or outside of the ballot shall be
printed the same as if it were a proposal solely to amend the
constitution.
Where voting machines or electronic voting systems are
used, the provisions of this Section may be modified as
required or authorized by Article 24 or Article 24A, whichever
is applicable.
(Source: P.A. 97-766, eff. 7-6-12.)
(10 ILCS 5/19-2.5)
Sec. 19-2.5. Notice for vote by mail ballot. An election
authority shall notify all qualified voters, except voters who
have applied for permanent vote by mail status under
subsection (b) of Section 19-3 or voters who submit a written
request to be excluded from the permanent vote by mail status,
not more than 90 days nor less than 45 days before a general or
consolidated election, of the option for permanent vote by
mail status using the following notice and including the
application for permanent vote by mail status in subsection
(b) of Section 19-3:
"You may apply to permanently be placed on vote by mail
status using the attached application.".
(Source: P.A. 102-15, eff. 6-17-21; 102-668, eff. 11-15-21.)
(10 ILCS 5/19-3) (from Ch. 46, par. 19-3)
Sec. 19-3. Application for a vote by mail ballot.
(a) The application for a vote by mail ballot for a single
election shall be substantially in the following form:
APPLICATION FOR VOTE BY MAIL 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 .... in the municipality of
.... in the county of ....; that I have resided at such address
for at least 30 days; that I am lawfully entitled to vote at
the .... election to be held on ....; and that I wish to vote
by mail. 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 vote by mail
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
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
vote by mail 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 vote by mail 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:
...............
(a-5) The application for a single vote by mail ballot
transmitted electronically pursuant to Section 19-2.6 shall be
substantively similar to the application for a vote by mail
ballot for a single election and shall include:
I swear or affirm that I am a voter with a print
disability, and, as a result of this disability, I am
making a request to receive a vote by mail ballot
electronically so that I may privately and independently
mark, verify, and print my vote by mail ballot.
(b) The application for permanent vote by mail status
shall be substantially in the following form:
APPLICATION FOR PERMANENT VOTE BY MAIL STATUS
I am currently a registered voter and wish to apply for
permanent vote by mail status.
I state that I am a resident of .... in the municipality of
.... in the county of ....; that I have resided at such address
for at least 30 days; that I am lawfully entitled to vote at
the .... election to be held on ....; and that I wish to vote
by mail in: I state that I am a resident of the City of ....
residing at .... in such city 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 vote by mail ballot in:
..... all subsequent elections that do not require a party
designation.
..... all subsequent elections, and I wish to receive a
................... Party vote by mail ballot in
elections that require a party designation.
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
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.
Under penalties as provided by law under Section 29-10 of
the Election Code, the undersigned certifies that the
statements set forth in this application are true and correct.
....
Post office address to which ballot is mailed:
...............
(b-5) The application for permanent vote by mail ballots
transmitted electronically pursuant to Section 19-2.6 shall be
substantively similar to the application for permanent vote by
mail status and shall include:
I swear or affirm that I am a voter with a
non-temporary print disability, and as a result of this
disability, I am making a request to receive vote by mail
ballots electronically so that I may privately and
independently mark, verify, and print my vote by mail
ballots.
(c) 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. The election authority shall allow
any voter on permanent vote by mail status to change his or her
party affiliation for a primary election ballot by a method
and deadline published and selected by the election authority.
(d) 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 the application
under subsection (a) or (b) are true and correct, and a
signature is not required.
(e) Any person may produce, reproduce, distribute, or
return to an election authority an application under this
Section. If applications are sent to a post office box
controlled by any individual or organization that is not an
election authority, those applications shall (i) include a
valid and current phone number for the individual or
organization controlling the post office box and (ii) be
turned over to the appropriate election authority within 7
days of receipt or, if received within 2 weeks of the election
in which an applicant intends to vote, within 2 days of
receipt. Failure to turn over the applications in compliance
with this paragraph shall constitute a violation of this Code
and shall be punishable as a petty offense with a fine of $100
per application. Removing, tampering with, or otherwise
knowingly making the postmark on the application unreadable by
the election authority shall establish a rebuttable
presumption of a violation of this paragraph. Upon receipt,
the appropriate election authority shall accept and promptly
process any application under this Section submitted in a form
substantially similar to that required by this Section,
including any substantially similar production or reproduction
generated by the applicant.
(f) An election authority may combine the applications in
subsections (a) and (b) onto one form, but the distinction
between the applications must be clear and the form must
provide check boxes for an applicant to indicate whether he or
she is applying for a single election vote by mail ballot or
for permanent vote by mail status.
(Source: P.A. 102-15, eff. 6-17-21; 102-819, eff. 5-13-22.)
(10 ILCS 5/19-5) (from Ch. 46, par. 19-5)
Sec. 19-5. Folding and enclosure of ballots in unsealed
envelope; address on envelope; certification; instructions for
marking and returning ballots. It shall be the duty of the
election authority to fold the ballot or ballots in the manner
specified by the statute for folding ballots prior to their
deposit in the ballot box, and to enclose such ballot or
ballots in an envelope unsealed to be furnished by the
election authority him, which envelope shall bear upon the
face thereof the name, official title and post office address
of the election authority, and upon the other side a printed
certification in substantially the following form:
I state that I am a resident of .... in the municipality of
.... in the county of ....; that I have resided at such address
for at least 30 days; and that I am lawfully entitled to cast a
ballot. 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 .... months last past; and that I am lawfully
entitled to vote in such precinct at the .... election to be
held on .....
*fill in either (1), (2) or (3).
I further state that I personally marked the enclosed
ballot in secret.
Under penalties of perjury as provided by law pursuant to
Section 29-10 of The Election Code, the undersigned certifies
that the statements set forth in this certification are true
and correct.
.......................
If the ballot is to go to an elector who is physically
incapacitated and needs assistance marking the ballot, the
envelope shall bear upon the back thereof a certification in
substantially the following form:
I state that I am a resident of .... in the municipality of
.... in the county of ....; that I have resided at such address
for at least 30 days; that I am lawfully entitled to cast a
ballot; and that I am physically incapable of personally
marking the ballot for this election. 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 .... months
last past; that I am lawfully entitled to vote in such precinct
at the .... election to be held on ....; that I am physically
incapable of personally marking the ballot for such election.
*fill in either (1), (2) or (3).
I further state that I marked the enclosed ballot in
secret with the assistance of
.................................
(Individual rendering assistance)
.................................
(Residence Address)
Under penalties of perjury as provided by law pursuant to
Section 29-10 of The Election Code, the undersigned certifies
that the statements set forth in this certification are true
and correct.
.......................
In the case of a voter with a physical incapacity, marking
a ballot in secret includes marking a ballot with the
assistance of another individual, other than a candidate whose
name appears on the ballot (unless the voter is the spouse or a
parent, child, brother, or sister of the candidate), the
voter's employer, an agent of that employer, or an officer or
agent of the voter's union, when the voter's physical
incapacity necessitates such assistance.
In the case of a physically incapacitated voter, marking a
ballot in secret includes marking a ballot with the assistance
of another individual, other than a candidate whose name
appears on the ballot (unless the voter is the spouse or a
parent, child, brother, or sister of the candidate), the
voter's employer, an agent of that employer, or an officer or
agent of the voter's union, when the voter's physical
incapacity necessitates such assistance.
Provided, that if the ballot enclosed is to be voted at a
primary election, the certification shall designate the name
of the political party with which the voter is affiliated.
In addition to the above, the election authority shall
provide printed slips, or an electronic version thereof for
voters voting by mail pursuant to Section 19-2.6, giving full
instructions regarding the manner of marking and returning the
ballot in order that the same may be counted, and shall furnish
one of such printed slips or the electronic version thereof
for voters voting by mail pursuant to Section 19-2.6 to each of
such applicants at the same time the ballot is delivered to
him. Such instructions shall include the following statement:
"In signing the certification on the vote by mail ballot
envelope, you are attesting that you personally marked this
vote by mail ballot in secret. If you are physically unable to
mark the ballot, a friend or relative may assist you after
completing the enclosed affidavit. Federal and State laws
prohibit a candidate whose name appears on the ballot (unless
you are the spouse or a parent, child, brother, or sister of
the candidate), your employer, your employer's agent or an
officer or agent of your union from assisting voters with
physical disabilities."
In addition to the above, if a ballot to be provided to an
elector pursuant to this Section contains a public question
described in subsection (b) of Section 28-6 and the territory
concerning which the question is to be submitted is not
described on the ballot due to the space limitations of such
ballot, the election authority shall provide a printed copy of
a notice of the public question, which shall include a
description of the territory in the manner required by Section
16-7. The notice shall be furnished to the elector at the same
time the ballot is delivered to the elector.
Election authorities transmitting ballots by electronic
transmission pursuant to Section 19-2.6 shall, to the greatest
extent possible, provide those applicants with the same
instructions, certifications, and other balloting materials
required when sending ballots by mail.
(Source: P.A. 102-819, eff. 5-13-22.)
(10 ILCS 5/19-8) (from Ch. 46, par. 19-8)
Sec. 19-8. Time and place of counting ballots.
(a) (Blank.)
(b) Each vote by mail voter's ballot returned to an
election authority, by any means authorized by this Article,
and received by that election authority before the closing of
the polls on election day shall be endorsed by the receiving
election authority with the day and hour of receipt and may be
processed by the election authority beginning on the day it is
received by the election authority in the central ballot
counting location of the election authority, but the results
of the processing may not be counted until the day of the
election after 7:00 p.m., except as provided in subsections
(g) and (g-5).
(c) Each vote by mail voter's ballot that is mailed to an
election authority and postmarked no later than election day,
but that is received by the election authority after the polls
close on election day and before the close of the period for
counting provisional ballots cast at that election, shall be
endorsed by the receiving authority with the day and hour of
receipt and shall be counted at the central ballot counting
location of the election authority during the period for
counting provisional ballots.
Each vote by mail voter's ballot that is mailed to an
election authority absent a postmark or a barcode usable with
an intelligent mail barcode tracking system, but that is
received by the election authority after the polls close on
election day and before the close of the period for counting
provisional ballots cast at that election, shall be endorsed
by the receiving authority with the day and hour of receipt,
opened to inspect the date inserted on the certification, and,
if the certification date is election day or earlier and the
ballot is otherwise found to be valid under the requirements
of this Section, counted at the central ballot counting
location of the election authority during the period for
counting provisional ballots. Absent a date on the
certification, the ballot shall not be counted.
If an election authority is using an intelligent mail
barcode tracking system, a ballot that is mailed to an
election authority absent a postmark may be counted if the
intelligent mail barcode tracking system verifies the envelope
was mailed no later than election day.
(d) Special write-in vote by mail voter's blank ballots
returned to an election authority, by any means authorized by
this Article, and received by the election authority at any
time before the closing of the polls on election day shall be
endorsed by the receiving election authority with the day and
hour of receipt and shall be counted at the central ballot
counting location of the election authority during the same
period provided for counting vote by mail voters' ballots
under subsections (b), (g), and (g-5). Special write-in vote
by mail voter's blank ballots that are mailed to an election
authority and postmarked no later than election day, but that
are received by the election authority after the polls close
on election day and before the closing of the period for
counting provisional ballots cast at that election, shall be
endorsed by the receiving authority with the day and hour of
receipt and shall be counted at the central ballot counting
location of the election authority during the same periods
provided for counting vote by mail voters' ballots under
subsection (c).
(e) Except as otherwise provided in this Section, vote by
mail voters' ballots and special write-in vote by mail voter's
blank ballots received by the election authority after the
closing of the polls on an election day shall be endorsed by
the election authority receiving them with the day and hour of
receipt and shall be safely kept unopened by the election
authority for the period of time required for the preservation
of ballots used at the election, and shall then, without being
opened, be destroyed in like manner as the used ballots of that
election.
(f) Counting required under this Section to begin on
election day after the closing of the polls shall commence no
later than 8:00 p.m. and shall be conducted by a panel or
panels of election judges appointed in the manner provided by
law. The counting shall continue until all vote by mail
voters' ballots and special write-in vote by mail voter's
blank ballots required to be counted on election day have been
counted.
(g) The procedures set forth in Articles 17 and 18 of this
Code shall apply to all ballots counted under this Section. In
addition, within 2 days after a vote by mail ballot is
received, but in all cases before the close of the period for
counting provisional ballots, the election judge or official
shall compare the voter's signature on the certification
envelope of that vote by mail ballot with the voter's
signature on the application verified in accordance with
Section 19-4 or the signature of the voter on file in the
office of the election authority. If the election judge or
official determines that the 2 signatures match, and that the
vote by mail voter is otherwise qualified to cast a vote by
mail ballot, the election authority shall cast and count the
ballot on election day or the day the ballot is determined to
be valid, whichever is later, adding the results to the
precinct in which the voter is registered. If the election
judge or official determines that the signatures do not match,
or that the vote by mail voter is not qualified to cast a vote
by mail ballot, then without opening the certification
envelope, the judge or official shall mark across the face of
the certification envelope the word "Rejected" and shall not
cast or count the ballot.
In addition to the voter's signatures not matching, a vote
by mail ballot may be rejected by the election judge or
official:
(1) if the ballot envelope is open or has been opened
and resealed;
(2) if the voter has already cast an early or grace
period ballot;
(3) if the voter voted in person on election day or the
voter is not a duly registered voter in the precinct; or
(4) on any other basis set forth in this Code.
If the election judge or official determines that any of
these reasons apply, the judge or official shall mark across
the face of the certification envelope the word "Rejected" and
shall not cast or count the ballot.
(g-5) If a vote by mail ballot is rejected by the election
judge or official for any reason, the election authority
shall, within 2 days after the rejection but in all cases
before the close of the period for counting provisional
ballots, notify the vote by mail voter that his or her ballot
was rejected. The notice shall inform the voter of the reason
or reasons the ballot was rejected and shall state that the
voter may appear before the election authority, on or before
the 14th day after the election, to show cause as to why the
ballot should not be rejected. The voter may present evidence
to the election authority supporting his or her contention
that the ballot should be counted. The election authority
shall appoint a panel of 3 election judges to review the
contested ballot, application, and certification envelope, as
well as any evidence submitted by the vote by mail voter. No
more than 2 election judges on the reviewing panel shall be of
the same political party. The reviewing panel of election
judges shall make a final determination as to the validity of
the contested vote by mail ballot. The judges' determination
shall not be reviewable either administratively or judicially.
A vote by mail ballot subject to this subsection that is
determined to be valid shall be counted before the close of the
period for counting provisional ballots.
If a vote by mail ballot is rejected for any reason, the
election authority shall, within one day after the rejection,
transmit to the State Board of Elections by electronic means
the voter's name, street address, email address and precinct,
ward, township, and district numbers, as the case may be. If a
rejected vote by mail ballot is determined to be valid, the
election authority shall, within one day after the
determination, remove the name of the voter from the list
transmitted to the State Board of Elections. The State Board
of Elections shall maintain the names and information in an
electronic format on its website accessible to State and local
political committees.
Upon request by the State or local political committee,
each election authority shall, within one day after the
request, provide the following information about all rejected
vote by mail ballots: voter's name, street address, email
address and precinct, ward, township, and district numbers, as
the case may be.
(g-10) All vote by mail 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.
(h) Each political party, candidate, and qualified civic
organization shall be entitled to have present one pollwatcher
for each panel of election judges therein assigned.
(Source: P.A. 102-1126, eff. 2-10-23.)
(10 ILCS 5/22-9.1) (from Ch. 46, par. 22-9.1)
Sec. 22-9.1. Within 5 days after the last day for
proclamation of the results of any canvass declaring persons
nominated, elected or declared eligible for a runoff election
for any office or declaring the adoption or rejection of a
question of public policy, the following persons may file a
petition for discovery:
(a) any candidate who, in the entire area in which
votes may be cast for the office for which he is a
candidate, received votes equal in number to at least 95%
of the number of votes cast for any successful candidate
for the same office; and
(b) any 5 electors of the same area within which votes
may be cast on a question of public policy, if the results
of the canvass are such that the losing side on the
question would have been the prevailing side had it
received an additional number of votes equal to 5% of the
total number of votes cast on the question.
A petition under this Section shall be filed with the
election authority for purposes of discovery only. The
petition shall ask that ballots, voting machines, or ballot
cards - as the case may be - shall be examined, that any
automatic tabulating equipment shall be tested, and that
ballots, recorded votes, or ballot cards - as the case may be -
shall be counted in specified precincts, not exceeding 25% of
the total number of precincts within the jurisdiction of the
election authority. Where there are fewer than 4 precincts
under the jurisdiction of the election authority and within
the area in which votes could be cast in the election in
connection with which the petition has been filed, discovery
shall be permitted in one of such precincts.
A petition filed under this Section shall be accompanied
by the payment of a fee of $50 $10.00 per precinct specified.
All such fees shall be paid by the election authority into the
county or city treasury, as the case may be.
After 3 days notice in writing to the successful candidate
for the same office or, in the case of a question of public
policy, such notice as will reasonably inform interested
persons of the time and place of the discovery proceedings,
the election authority shall examine the ballots, voting
machines, ballot cards, voter affidavits and applications for
ballot, test the automatic tabulating equipment, and count the
ballots, recorded votes, and ballot cards in the specified
election districts or precincts. At the request of any
candidate entitled to participate in the discovery
proceedings, the election authority shall also make available
for examination the ballot applications and voter affidavits
for the specified precincts. Each candidate affected by such
examination shall have the right to attend the same in person
or by his representative. In the case of a question of public
policy, the board shall permit an equal number of acknowledged
proponents and acknowledged opponents to attend the
examination.
On completion of the count of any ballots in each district
or precinct, the ballots shall be secured and sealed in the
same manner required of judges of election by Sections 7-54
and 17-20 of the Election Code. The handling of the ballots in
accord with this Section shall not of itself affect the
admissibility in evidence of the ballots in any other
proceedings, either legislative or judicial.
The results of the examination and count shall not be
certified, used to amend or change the abstracts of the votes
previously completed, used to deny the successful candidate
for the same office his certificate of nomination or election,
nor used to change the previously declared result of the vote
on a question of public policy. Such count shall not be binding
in an election contest brought about under the provisions of
the Election Code, shall not be a prerequisite to bringing
such an election contest, shall not prevent the bringing of
such an election contest, nor shall it affect the results of
the canvass previously proclaimed.
(Source: P.A. 94-647, eff. 1-1-06.)
(10 ILCS 5/23-23) (from Ch. 46, par. 23-23)
Sec. 23-23. The case shall be tried in like manner as other
civil cases, and may be heard and determined by the court at
any time not less than 10 days after service of process, or at
any time after the defendant is required by notification to
appear, and shall have preference in the order of hearing to
all other cases. The court may make and enforce all necessary
orders for the preservation and production of the ballots,
poll books, tally papers, returns, registers and other papers
or evidence that may bear upon the contest.
Whenever a petition for a recount has been filed as
provided in this Article, any opposing candidate or any
elector, under like provisions and in like manner may file a
petition within 10 days after the completion of the canvass of
the precincts specified in the petition for a further recount
of the votes cast in any or all of the balance of the precincts
in the county, municipality or other political subdivision, as
the case may be.
In event the court, in any such case, is of the opinion
that such action will expedite hearing and determination of
the contest, the court may refer the case to the election
authority to recount the ballots, to take testimony and other
evidence, to examine the election returns, to make a record of
all objections to be heard by the court that may be made to the
election returns or to any of them or to any ballots cast or
counted, and to take all necessary steps and do all necessary
things to determine the true and correct result of the
election and to make report thereof to the court. The election
authority shall have authority to count the ballots or cause
the same to be counted under its supervision and direction, to
conduct such hearing or hearings as may be necessary and
proper, to apply to the court in the manner provided by law for
the issuance of subpoenas or for any other appropriate order
or orders to compel the attendance of witnesses, and to take
such steps and perform such duties and acts in connection with
the conduct of any such hearing or hearings as may be
necessary. The election authority may, with the approval of
the court, employ such assistants as may be necessary and
proper to provide for counting the ballots, examining the
election returns and for taking all necessary steps and doing
all necessary things to determine the true and correct result
of the election under the direction and supervision of the
election authority. Upon the motion or application of the
election authority or of any party to the case, the court shall
require the party contesting the election to deposit moneys
with the court as security for costs as reasonably needed to
compensate the election authority for the costs incurred in
relation to the election contest. The money deposited for
security shall be taxed and allowed as costs to compensate the
election authority for the services of its assistants and for
reimbursement of expenses incurred by the election authority
in relation to the election contest. The election authority
shall not be required to undertake any work in furtherance of
the election contest until the necessary funds are deposited
with the court. Any money deposited as security for costs by a
petitioner contesting an election must be returned to the
petitioner if the judgment of the court is to annul the
election or to declare as elected someone other than the
person whose election is contested. The election authority
shall receive such compensation for its services and such
allowances for the services of its assistants and for
reimbursement of expenses incurred by it as shall be approved
by the court, and all such compensation and allowances when
approved by the court shall be taxed and allowed as costs in
such cause. The court may from time to time, upon the court's
own motion or upon the application of the election authority
or of any party to said cause, require the parties to the cause
or any of them to deposit such amounts of money with the court
as security for costs as the court may deem reasonable and
proper.
Any petitioner may amend his petition at any time before
the completion of the recount by withdrawing his request for a
recount of certain precincts, or by requesting a recount of
additional specified precincts. The petitioner shall deposit
or shall cause to be deposited, such amounts of money as the
court may require as security for costs for such additional
precincts as the court may deem reasonable and proper.
Any money deposited as security for costs by a petitioner
contesting an election must be returned to such petitioner if
the judgment of the court is to annul the election or to
declare as elected someone other than the person whose
election is contested.
Any money deposited as security for costs by a petitioner
in opposition to a petition contesting an election must be
returned to such petitioner if the judgment of the court is to
confirm the election or to declare as elected the person whose
election is contested.
(Source: P.A. 94-647, eff. 1-1-06.)
Section 15. The Metropolitan Pier and Exposition Authority
Act is amended by changing Section 14 as follows:
(70 ILCS 210/14) (from Ch. 85, par. 1234)
Sec. 14. Board; compensation. The governing and
administrative body of the Authority shall be a board known as
the Metropolitan Pier and Exposition Board. On the effective
date of this amendatory Act of the 96th General Assembly, the
Trustee shall assume the duties and powers of the Board for a
period of 18 months or until the Board is fully constituted,
whichever is later. Any action requiring Board approval shall
be deemed approved by the Board if the Trustee approves the
action in accordance with Section 14.5. Beginning the first
Monday of the month occurring 18 months after the effective
date of this amendatory Act of the 96th General Assembly and
until the effective date of this amendatory Act of the 102nd
General Assembly, the Board shall consist of 9 members. On and
after the effective date of this amendatory Act of the 102nd
General Assembly, the Board shall consist of 11 members. The
Governor shall appoint 5 members to the Board, subject to the
advice and consent of the Senate. The Mayor shall appoint 5
members to the Board. At least one member of the Board shall
represent the interests of labor, and at least one member of
the Board shall represent the interests of the convention
industry. A majority of the members appointed by the Governor
and Mayor shall appoint a ninth member to serve as the
chairperson until the chairperson's term expires on or after
the effective date of this amendatory Act of the 102nd General
Assembly, at which time, a majority of the members appointed
by the Governor and Mayor shall appoint an eleventh member to
serve as the chairperson. The Board shall be fully constituted
when a quorum has been appointed. The members of the board
shall be individuals of generally recognized ability and
integrity. No member of the Board may be (i) an officer or
employee of, or a member of a board, commission or authority
of, the State, any unit of local government or any school
district or (ii) a person who served on the Board prior to the
effective date of this amendatory Act of the 96th General
Assembly.
Of the initial members appointed by the Governor, one
shall serve for a term expiring June 1, 2013, one shall serve
for a term expiring June 1, 2014, one shall serve for a term
expiring June 1, 2015, and one shall serve for a term expiring
June 1, 2016, as determined by the Governor. Of the initial
members appointed by the Mayor, one shall serve for a term
expiring June 1, 2013, one shall serve for a term expiring June
1, 2014, one shall serve for a term expiring June 1, 2015, and
one shall serve for a term expiring June 1, 2016, as determined
by the Mayor. The initial chairperson appointed by the Board
shall serve a term for a term expiring June 1, 2015. Additional
members of the Board appointed pursuant to this amendatory Act
of the 102nd General Assembly shall serve for a term expiring
on June 1, 2026. Successors shall be appointed to 4-year
terms.
Members of the Board shall serve without compensation, but
shall be reimbursed for actual expenses incurred by them in
the performance of their duties. All members of the Board and
employees of the Authority are subject to the Illinois
Governmental Ethics Act, in accordance with its terms.
For any member of the Board appointed after April 1, 2023
and before May 15, 2023, that Board membership position is
terminated 6 months after the effective date of this
amendatory Act of the 103rd General Assembly. Beginning
December 15, 2023, a new membership position to the Board is
created, which appointment shall be made by the Mayor. The
Mayor and Governor shall not have the authority to make an
appointment to the Board within the last 45 days of his or her
term, except when the Mayor or Governor is re-elected and that
re-election is certified by the relevant election authority.
(Source: P.A. 102-699, eff. 4-19-22; 102-1129, eff. 2-10-23.)
Section 20. The Park District Code is amended by changing
Sections 2-10a and 2-12a as follows:
(70 ILCS 1205/2-10a) (from Ch. 105, par. 2-10a)
Sec. 2-10a. Any district may provide by referendum, or by
resolution of the board, that the board shall be comprised of 7
commissioners. Any such referendum shall be initiated and held
in the same manner as is provided by the general election law.
If a majority of the votes cast on the proposition is in
favor of the 7-member board, or if the board adopts a
resolution stating that it is acting pursuant to this Section
in order to create a 7-member board, then whichever of the
following transition schedules are appropriate shall be
applied: At the election of commissioners next following by at
least 197 60 days after the date on which the proposition to
create a 7-member board was approved at referendum or by
resolution, the number of commissioners to be elected shall be
2 more than the number that would otherwise have been elected.
If this results in the election, pursuant to Section 2-12 of
this Act, of 4 commissioners at that election, one of the 4, to
be determined by lot within 30 days after the election, shall
serve for a term of 4 years or 2 years as the case may be,
instead of 6 years, so that his term will expire in the same
year in which the term of only one of the incumbent
commissioners expires. Thereafter, all commissioners shall be
elected for 6-year terms as provided in Section 2-12. If the
creation of a 7-member board results in the election of either
3 or 4 commissioners, pursuant to Section 2-12a of this Act, at
that election, 2 of them, to be determined by lot within 30
days after the election, shall serve for terms of 2 years
instead of 4 years. Thereafter, all commissioners shall be
elected for 4-year terms as provided in Section 2-12a of this
Act.
In any district where a 7-member board has been created
pursuant to this Section whether by referendum or by
resolution, the number of commissioners may later be reduced
to 5, but only by a referendum initiated and held in the same
manner as prescribed in this Section for creating a 7-member
board. No proposition to reduce the number of commissioners
shall affect the terms of any commissioners holding office at
the time of the referendum or to be elected within 197 60 days
after of the referendum. If a majority of the votes cast on the
proposition is in favor of reducing a 7-member board to a
5-member board, then, at the election of commissioners next
following by at least 197 60 days after the date on which the
proposition was approved at referendum, the number of
commissioners to be elected shall be 2 less than the number
that would otherwise have been elected and whichever of the
following transition schedules are appropriate shall be
applied: (i) if this results in the election of no
commissioners for a 6-year term pursuant to Section 2-12 of
this Act, then at the next election in which 3 commissioners
are scheduled to be elected to 6-year terms as provided in
Section 2-12, one of the 3, to be determined by lot within 30
days after the election, shall serve for a term of 4 years or 2
years, as the case may be, instead of 6 years, so that his or
her term will expire in the same year in which the term of no
incumbent commissioner is scheduled to expire; thereafter, all
commissioners shall be elected for 6-year terms as provided in
Section 2-12; or (ii) if the reduction to a 5-member board
results in the election of one commissioner to a 4-year term,
pursuant to Section 2-12a of this Act, then at the next
election in which 4 commissioners are scheduled to be elected
to 4-year terms as provided in Section 2-12a, one of the 4, to
be determined by lot within 30 days after the election, shall
serve for a term of 2 years, instead of 4 years, so that his or
her term will expire in the same year in which the term of only
one incumbent commissioner is scheduled to expire; thereafter,
all commissioners shall be elected for 4-year terms as
provided in Section 2-12a.
(Source: P.A. 100-351, eff. 8-25-17.)
(70 ILCS 1205/2-12a) (from Ch. 105, par. 2-12a)
Sec. 2-12a. Any district may provide, either by resolution
of the board or by referendum, that the term of commissioners
shall be 4 years rather than 6 years. Any such referendum shall
be initiated and held in the same manner as is provided by the
general election law for public questions authorized by
Article VII of the Illinois Constitution.
If a majority of the votes cast on the proposition is in
favor of a 4-year term for commissioners, or if the Board
adopts a resolution stating that it is acting pursuant to this
Section to change the term of office from 6 years to 4 years,
commissioners thereafter elected, commencing with the first
regular park district election at least 197 60 days after the
date on which the proposition for 4-year terms was approved at
referendum or by resolution, shall be elected for a term of 4
years. In order to provide for the transition from 6-year
terms to 4-year terms:
(1) If 2 commissioners on a 5-member board are to be
elected at the first such election and if the term of only
one commissioner is scheduled to expire in the year of the
next election at which commissioners are elected, of the 2
commissioners elected, one shall serve a 2-year term and
one a 4-year term, to be determined by lot between the 2
persons elected within 30 days after the election.
(2) On a 7-member board under Section 2-10a, if the
terms of only 2 commissioners are scheduled to expire in
the year of the second election at which commissioners are
elected after the first regular park district election at
least 197 60 days after the date on which the proposition
for 4-year terms was approved at referendum or by
resolution, then:
(A) if 3 commissioners are elected at the first
regular election, 2 of the commissioners elected shall
serve a 2-year term and one shall serve a 4-year term
to be determined by lot between persons elected within
30 days after the first election; or
(B) if 2 commissioners are elected at the first
regular election, those 2 commissioners elected shall
serve a 2-year term.
In any district where the board has created 4-year terms
pursuant to this Section, whether by referendum or by
resolution, the length of terms may later be increased to 6
years, but only by a referendum initiated and held in the same
manner as prescribed in this Section for creating 4-year
terms. No proposition to increase the terms of commissioners
shall affect any commissioner holding office at the time of
the referendum or to be elected within 197 60 days after of the
referendum.
(Source: P.A. 101-58, eff. 7-12-19.)
Section 25. The School Code is amended by changing
Sections 24-2, 34-4.1, and 34-21.10 as follows:
(105 ILCS 5/24-2) (from Ch. 122, par. 24-2)
Sec. 24-2. Holidays.
(a) Teachers shall not be required to teach on Saturdays,
nor, except as provided in subsection (b) of this Section,
shall teachers or other school employees, other than
noncertificated school employees whose presence is necessary
because of an emergency or for the continued operation and
maintenance of school facilities or property, be required to
work on legal school holidays, which are January 1, New Year's
Day; the third Monday in January, the Birthday of Dr. Martin
Luther King, Jr.; February 12, the Birthday of President
Abraham Lincoln; the first Monday in March (to be known as
Casimir Pulaski's birthday); Good Friday; the day designated
as Memorial Day by federal law; June 19, Juneteenth National
Freedom Day; July 4, Independence Day; the first Monday in
September, Labor Day; the second Monday in October, Columbus
Day; November 11, Veterans' Day; the Thursday in November
commonly called Thanksgiving Day; and December 25, Christmas
Day. School boards may grant special holidays whenever in
their judgment such action is advisable. No deduction shall be
made from the time or compensation of a school employee on
account of any legal or special holiday.
(b) A school board or other entity eligible to apply for
waivers and modifications under Section 2-3.25g of this Code
is authorized to hold school or schedule teachers' institutes,
parent-teacher conferences, or staff development on the third
Monday in January (the Birthday of Dr. Martin Luther King,
Jr.); February 12 (the Birthday of President Abraham Lincoln);
the first Monday in March (known as Casimir Pulaski's
birthday); the second Monday in October (Columbus Day); and
November 11 (Veterans' Day), provided that:
(1) the person or persons honored by the holiday are
recognized through instructional activities conducted on
that day or, if the day is not used for student attendance,
on the first school day preceding or following that day;
and
(2) the entity that chooses to exercise this authority
first holds a public hearing about the proposal. The
entity shall provide notice preceding the public hearing
to both educators and parents. The notice shall set forth
the time, date, and place of the hearing, describe the
proposal, and indicate that the entity will take testimony
from educators and parents about the proposal.
(c) Commemorative holidays, which recognize specified
patriotic, civic, cultural or historical persons, activities,
or events, are regular school days. Commemorative holidays
are: January 17 (the birthday of Muhammad Ali), January 28 (to
be known as Christa McAuliffe Day and observed as a
commemoration of space exploration), February 15 (the birthday
of Susan B. Anthony), March 29 (Viet Nam War Veterans' Day),
September 11 (September 11th Day of Remembrance), the school
day immediately preceding Veterans' Day (Korean War Veterans'
Day), October 1 (Recycling Day), October 7 (Iraq and
Afghanistan Veterans Remembrance Day), December 7 (Pearl
Harbor Veterans' Day), and any day so appointed by the
President or Governor. School boards may establish
commemorative holidays whenever in their judgment such action
is advisable. School boards shall include instruction relative
to commemorated persons, activities, or events on the
commemorative holiday or at any other time during the school
year and at any point in the curriculum when such instruction
may be deemed appropriate. The State Board of Education shall
prepare and make available to school boards instructional
materials relative to commemorated persons, activities, or
events which may be used by school boards in conjunction with
any instruction provided pursuant to this paragraph.
(d) City of Chicago School District 299 shall observe
March 4 of each year as a commemorative holiday. This holiday
shall be known as Mayors' Day which shall be a day to
commemorate and be reminded of the past Chief Executive
Officers of the City of Chicago, and in particular the late
Mayor Richard J. Daley and the late Mayor Harold Washington.
If March 4 falls on a Saturday or Sunday, Mayors' Day shall be
observed on the following Monday.
(e) Notwithstanding any other provision of State law to
the contrary, November 3, 2020 shall be a State holiday known
as 2020 General Election Day and shall be observed throughout
the State pursuant to this amendatory Act of the 101st General
Assembly. All government offices, with the exception of
election authorities, shall be closed unless authorized to be
used as a location for election day services or as a polling
place.
Notwithstanding any other provision of State law to the
contrary, November 8, 2022 shall be a State holiday known as
2022 General Election Day and shall be observed throughout the
State under Public Act 102-15.
Notwithstanding any other provision of State law to the
contrary, November 5, 2024 shall be a State holiday known as
2024 General Election Day and shall be observed throughout
this State pursuant to this amendatory Act of the 103rd
General Assembly.
(Source: P.A. 101-642, eff. 6-16-20; 102-14, eff. 1-1-22;
102-15, eff. 6-17-21; 102-334, eff. 8-9-21; 102-411, eff.
1-1-22; 102-813, eff. 5-13-22.)
(105 ILCS 5/34-4.1)
Sec. 34-4.1. Nomination petitions. In addition to the
requirements of the general election law, the form of
petitions under Section 34-4 of this Code shall be
substantially as follows:
NOMINATING PETITIONS
(LEAVE OUT THE INAPPLICABLE PART.)
To the Board of Election Commissioners for the City of
Chicago:
We the undersigned, being (.... or more) of the voters
residing within said district, hereby petition that .... who
resides at .... in the City of Chicago shall be a candidate for
the office of .... of the board of education (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.
All petitions for the nomination of members of a board of
education shall be filed with the board of election
commissioners of the jurisdiction in which the principal
office of the school district is located within the time
provided for by the general election law, except that
petitions for the nomination of members of the board of
education for the 2024 general primary election shall be
prepared and certified on the same schedule as the petition
schedule for the candidates for the General Assembly. The
board of election commissioners shall receive and file only
those petitions that 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 board of election
commissioners 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 board of election
commissioners shall make certification to the proper election
authorities in accordance with the general election law.
The board of election commissioners of the jurisdiction in
which the principal office of the school district is located
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 board of
election commissioners 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 acceptance of the petition.
A candidate for membership on the board of education 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.
Nomination petitions are not valid unless the candidate
named therein files with the board of election commissioners 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
or her nomination papers were filed or within the period for
the filing of nomination papers in accordance with the general
election law.
(Source: P.A. 102-177, eff. 6-1-22; 102-691, eff. 12-17-21.)
(105 ILCS 5/34-21.10)
Sec. 34-21.10. Creation of electoral districts;
reapportionment of districts.
(a) For purposes of elections conducted pursuant to
subsection (b-5) of Section 34-3, the City of Chicago shall be
subdivided into 10 electoral districts for the 2024 elections
and into 20 electoral districts for the 2026 elections after
the effective date of this amendatory Act of the 102nd General
Assembly by the General Assembly for seats on the Chicago
Board of Education. The electoral districts must be drawn on
or before April 1, 2024 July 1, 2023. Each district must be
compact, contiguous, and substantially equal in population and
consistent with the Illinois Voting Rights Act.
(b) In the year following each decennial census, the
General Assembly shall redistrict the electoral districts to
reflect the results of the decennial census consistent with
the requirements in subsection (a). The reapportionment plan
shall be completed and formally approved by the General
Assembly not less than 90 days before the last date
established by law for the filing of nominating petitions for
the second school board election after the decennial census
year. If by reapportionment a board member no longer resides
within the electoral district from which the member was
elected, the member shall continue to serve in office until
the expiration of the member's regular term. All new members
shall be elected from the electoral districts as
reapportioned.
(Source: P.A. 102-177, eff. 6-1-22; 102-691, eff. 12-17-21.)
Section 95. No acceleration or delay. Where this Act makes
changes in a statute that is represented in this Act by text
that is not yet or no longer in effect (for example, a Section
represented by multiple versions), the use of that text does
not accelerate or delay the taking effect of (i) the changes
made by this Act or (ii) provisions derived from any other
Public Act.
Section 99. Effective date. This Act takes effect upon
becoming law, except that the changes made to Section 3-6 of
the Election Code are effective January 1, 2024.
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