Bill Text: IL SB2158 | 2025-2026 | 104th General Assembly | Introduced
Bill Title: Amends the Election Code. Provides that the 2 candidates in any primary election who receive the most votes in the primary election, regardless of the party affiliation of the candidates, shall be the only 2 candidates certified to participate in the general election. Makes conforming changes. Repeals an Article concerning the making of nominations in certain other cases.
Sponsorship: Partisan Bill (Democrat 2)
Status: (Introduced - Dead) 2026-05-22 - Rule 3-9(a) / Re-referred to Assignments [SB2158 Detail]
Download: Illinois-2025-SB2158-Introduced.html
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 1 | AN ACT concerning elections.
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 2 | Be it enacted by the People of the State of Illinois, | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 3 | represented in the General Assembly:
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 4 | Section 5 The Election Code is amended by changing | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 5 | Sections 4-22, 5-29, 5-30, 6-66, 6-67, 7-2, 7-3, 7-5, 7-10, | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 6 | 7-43, 7-44, 7-60, 19-3, 19-5, 19-8, 19-12.1, 20-3, 20-4, 20-5, | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 7 | 20-8, 24A-5, 24A-6, 24B-6, 24C-6, 24C-11, and 25-10 and by | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 8 | adding Sections 19-4.5 and 20-4.5 as follows:
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 9 | (10 ILCS 5/4-22) (from Ch. 46, par. 4-22) | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 10 | Sec. 4-22. Except as otherwise provided in this Section | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 11 | upon application to vote each registered elector shall sign | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 12 | his name or make his mark as the case may be, on a certificate | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 13 | substantially as follows: | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 14 | CERTIFICATE OF REGISTERED VOTER | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 15 | City of ....... Ward ....... Precinct ....... | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 16 | Election ....... (Date) ....... (Month) ....... (Year) | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 17 | Registration Record ....... | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 18 | Checked by ....... | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 19 | Voter's number .... | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 20 | INSTRUCTION TO VOTERS | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 21 | Sign this certificate and hand it to the election officer | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 22 | in charge. After the registration record has been checked, the | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 23 | officer will hand it back to you. Whereupon you shall present | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| |||||||
| |||||||
| 1 | it to the officer in charge of the ballots. | ||||||
| 2 | I hereby certify that I am registered from the address | ||||||
| 3 | below and am qualified to vote. | ||||||
| 4 | Signature of voter ....... | ||||||
| 5 | residence address ....... | ||||||
| 6 | An individual shall not be required to provide his social | ||||||
| 7 | security number when applying for a ballot. He shall not be | ||||||
| 8 | denied a ballot, nor shall his ballot be challenged, solely | ||||||
| 9 | because of his refusal to provide his social security number. | ||||||
| 10 | Nothing in this Act prevents an individual from being | ||||||
| 11 | requested to provide his social security number when the | ||||||
| 12 | individual applies for a ballot. If, however, the certificate | ||||||
| 13 | contains a space for the individual's social security number, | ||||||
| 14 | the following notice shall appear on the certificate, | ||||||
| 15 | immediately above such space, in bold-face capital letters, in | ||||||
| 16 | type the size of which equals the largest type on the | ||||||
| 17 | certificate: | ||||||
| 18 | "THE INDIVIDUAL APPLYING FOR A BALLOT WITH THIS DOCUMENT | ||||||
| 19 | IS NOT REQUIRED TO DISCLOSE HIS OR HER SOCIAL SECURITY NUMBER. | ||||||
| 20 | HE OR SHE MAY NOT BE DENIED A BALLOT, NOR SHALL HIS OR HER | ||||||
| 21 | BALLOT BE CHALLENGED, SOLELY BECAUSE OF HIS OR HER REFUSAL TO | ||||||
| 22 | PROVIDE HIS OR HER SOCIAL SECURITY NUMBER." | ||||||
| 23 | The certificates of each State-wide political party at a | ||||||
| 24 | general primary election shall be separately printed upon | ||||||
| 25 | paper of uniform quality, texture and size, but the | ||||||
| 26 | certificates of no 2 State-wide political parties shall be of | ||||||
| |||||||
| |||||||
| 1 | the same color or tint. However, if the election authority | ||||||
| 2 | provides computer generated applications with the precinct, | ||||||
| 3 | ballot style and voter's name and address preprinted on the | ||||||
| 4 | application, a single application may be used for State-wide | ||||||
| 5 | political parties if it contains spaces or check-off boxes to | ||||||
| 6 | indicate the political party. Such application shall not | ||||||
| 7 | entitle the voter to vote in the primary of more than one | ||||||
| 8 | political party at the same election. | ||||||
| 9 | At the consolidated primary, such certificates may contain | ||||||
| 10 | spaces or checkoff boxes permitting the voter to request a | ||||||
| 11 | primary ballot of any other political party which is | ||||||
| 12 | established only within a political subdivision and for which | ||||||
| 13 | a primary is conducted on the same election day. Such | ||||||
| 14 | application shall not entitle the voter to vote in both the | ||||||
| 15 | primary of the State-wide political party and the primary of | ||||||
| 16 | the local political party with respect to the offices of the | ||||||
| 17 | same political subdivision. In no event may a voter vote in | ||||||
| 18 | more than one State-wide primary on the same day. | ||||||
| 19 | The judges in charge of the precinct registration files | ||||||
| 20 | shall compare the signature upon such certificate with the | ||||||
| 21 | signature on the registration record card as a means of | ||||||
| 22 | identifying the voter. Unless satisfied by such comparison | ||||||
| 23 | that the applicant to vote is the identical person who is | ||||||
| 24 | registered under the same name, the judges shall ask such | ||||||
| 25 | applicant the questions for identification which appear on the | ||||||
| 26 | registration card, and if the applicant does not prove to the | ||||||
| |||||||
| |||||||
| 1 | satisfaction of a majority of the judges of the election | ||||||
| 2 | precinct that he is the identical person registered under the | ||||||
| 3 | name in question then the vote of such applicant shall be | ||||||
| 4 | challenged by a judge of election, and the same procedure | ||||||
| 5 | followed as provided by law for challenged voters. | ||||||
| 6 | In case the elector is unable to sign his name, a judge of | ||||||
| 7 | election shall check the data on the registration card and | ||||||
| 8 | shall check the address given, with the registered address, in | ||||||
| 9 | order to determine whether he is entitled to vote. | ||||||
| 10 | One of the judges of election shall check the certificate | ||||||
| 11 | of each applicant for a ballot after the registration record | ||||||
| 12 | has been examined, and shall sign his initials on the | ||||||
| 13 | certificate in the space provided therefor, and shall enter | ||||||
| 14 | upon such certificate the number of the voter in the place | ||||||
| 15 | provided therefor, and make an entry in the voting record | ||||||
| 16 | space on the registration record, to indicate whether or not | ||||||
| 17 | the applicant voted. Such judge shall then hand such | ||||||
| 18 | certificate back to the applicant in case he is permitted to | ||||||
| 19 | vote, and such applicant shall hand it to the judge of election | ||||||
| 20 | in charge of the ballots. The certificates of the voters shall | ||||||
| 21 | be filed in the order in which they are received and shall | ||||||
| 22 | constitute an official poll record. The term "poll lists" and | ||||||
| 23 | "poll books", where used in this Article, shall be construed | ||||||
| 24 | to apply to such official poll record. | ||||||
| 25 | After each general primary election the county clerk shall | ||||||
| 26 | indicate by color code or other means next to the name of each | ||||||
| |||||||
| |||||||
| 1 | registrant on the list of registered voters in each precinct | ||||||
| 2 | the primary ballot of a political party that the registrant | ||||||
| 3 | requested at that general primary election. The county clerk, | ||||||
| 4 | within 60 days after the general primary election, shall | ||||||
| 5 | provide a copy of this coded list to the chair of the county | ||||||
| 6 | central committee of each established political party or to | ||||||
| 7 | the chair's duly authorized representative. | ||||||
| 8 | Within 60 days after the effective date of this amendatory | ||||||
| 9 | Act of 1983, the county clerk shall provide to the chair of the | ||||||
| 10 | county central committee of each established political party | ||||||
| 11 | or to the chair's duly authorized representative the list of | ||||||
| 12 | registered voters in each precinct at the time of the general | ||||||
| 13 | primary election of 1982 and shall indicate on such list by | ||||||
| 14 | color code or other means next to the name of a registrant the | ||||||
| 15 | primary ballot of a political party that the registrant | ||||||
| 16 | requested at the general primary election of 1982. | ||||||
| 17 | The county clerk may charge a fee to reimburse the actual | ||||||
| 18 | cost of duplicating each copy of a list provided under either | ||||||
| 19 | of the 2 preceding paragraphs. | ||||||
| 20 | Where an elector makes application to vote by signing and | ||||||
| 21 | presenting the certificate provided by this Section, and his | ||||||
| 22 | registration record card is not found in the precinct registry | ||||||
| 23 | of voters, but his name appears as that of a registered voter | ||||||
| 24 | in such precinct upon the printed precinct register as | ||||||
| 25 | corrected or revised by the supplemental list, or upon the | ||||||
| 26 | consolidated list, if any, and whose name has not been erased | ||||||
| |||||||
| |||||||
| 1 | or withdrawn from such register, the printed precinct register | ||||||
| 2 | as corrected or revised by the supplemental list, or | ||||||
| 3 | consolidated list, if any, shall be prima facie evidence of | ||||||
| 4 | the elector's right to vote upon compliance with the | ||||||
| 5 | provisions hereinafter set forth in this Section. In such | ||||||
| 6 | event one of the judges of election shall require an affidavit | ||||||
| 7 | by such person and one voter residing in the precinct before | ||||||
| 8 | the judges of election, substantially in the form prescribed | ||||||
| 9 | in Section 17-10 of this Act, and upon the presentation of such | ||||||
| 10 | affidavits, a certificate shall be issued to such elector, and | ||||||
| 11 | upon the presentation of such certificate and affidavits, he | ||||||
| 12 | shall be entitled to vote. | ||||||
| 13 | Provided, however, that applications for ballots made by | ||||||
| 14 | registered voters under the provisions of Article 19 of this | ||||||
| 15 | Act shall be accepted by the Judges of Election in lieu of the | ||||||
| 16 | "Certificate of Registered Voter" provided for in this | ||||||
| 17 | Section. | ||||||
| 18 | When the county clerk delivers to the judges of election | ||||||
| 19 | for use at the polls a supplemental or consolidated list of the | ||||||
| 20 | printed precinct register, he shall give a copy of the | ||||||
| 21 | supplemental or consolidated list to the chair of a county | ||||||
| 22 | central committee of an established political party or to the | ||||||
| 23 | chair's duly authorized representative. | ||||||
| 24 | Whenever 2 or more elections occur simultaneously, the | ||||||
| 25 | election authority charged with the duty of providing | ||||||
| 26 | application certificates may prescribe the form thereof so | ||||||
| |||||||
| |||||||
| 1 | that a voter is required to execute only one, indicating in | ||||||
| 2 | which of the elections he desires to vote. | ||||||
| 3 | After the signature has been verified, the judges shall | ||||||
| 4 | determine in which political subdivisions the voter resides by | ||||||
| 5 | use of the information contained on the voter registration | ||||||
| 6 | cards or the separate registration lists or other means | ||||||
| 7 | approved by the State Board of Elections and prepared and | ||||||
| 8 | supplied by the election authority. The voter's certificate | ||||||
| 9 | shall be so marked by the judges as to show the respective | ||||||
| 10 | ballots which the voter is given. | ||||||
| 11 | (Source: P.A. 100-1027, eff. 1-1-19.)
| ||||||
| 12 | (10 ILCS 5/5-29) (from Ch. 46, par. 5-29) | ||||||
| 13 | Sec. 5-29. Upon application to vote, except as hereinafter | ||||||
| 14 | provided for absent electors, each registered elector shall | ||||||
| 15 | sign his name or make his mark as the case may be, on a | ||||||
| 16 | certificate substantially as follows: | ||||||
| 17 | "Certificate of Registered Voter | ||||||
| 18 | Town of................District or Precinct Number..........;
| ||||||
| 19 | City of................Ward...............Precinct..........;
| ||||||
| 20 | Village of................................Precinct..........;
| ||||||
| 21 | Election.....................................................
| ||||||
| 22 | (date) (month) (year)
| ||||||
| 23 | Registration record
| ||||||
| 24 | Checked by.....................
| ||||||
| 25 | Voter's number.................. | ||||||
| |||||||
| |||||||
| 1 | Instruction to voters | ||||||
| 2 | Sign this certificate and hand it to the election officer | ||||||
| 3 | in charge. After the registration record has been checked, the | ||||||
| 4 | officer will hand it back to you. Whereupon you shall present | ||||||
| 5 | it to the officer in charge of the ballots. | ||||||
| 6 | I hereby certify that I am registered from the address | ||||||
| 7 | below and am qualified to vote. | ||||||
| 8 | Signature of voter ............... | ||||||
| 9 | Residence address ..............." | ||||||
| 10 | An individual shall not be required to provide his social | ||||||
| 11 | security number when applying for a ballot. He shall not be | ||||||
| 12 | denied a ballot, nor shall his ballot be challenged, solely | ||||||
| 13 | because of his refusal to provide his social security number. | ||||||
| 14 | Nothing in this Act prevents an individual from being | ||||||
| 15 | requested to provide his social security number when the | ||||||
| 16 | individual applies for a ballot. If, however, the certificate | ||||||
| 17 | contains a space for the individual's social security number, | ||||||
| 18 | the following notice shall appear on the certificate, | ||||||
| 19 | immediately above such space, in bold-face capital letters, in | ||||||
| 20 | type the size of which equals the largest type on the | ||||||
| 21 | certificate: | ||||||
| 22 | "THE INDIVIDUAL APPLYING FOR A BALLOT WITH THIS DOCUMENT | ||||||
| 23 | IS NOT REQUIRED TO DISCLOSE HIS OR HER SOCIAL SECURITY NUMBER. | ||||||
| 24 | HE OR SHE MAY NOT BE DENIED A BALLOT, NOR SHALL HIS OR HER | ||||||
| 25 | BALLOT BE CHALLENGED, SOLELY BECAUSE OF HIS OR HER REFUSAL TO | ||||||
| 26 | PROVIDE HIS OR HER SOCIAL SECURITY NUMBER." | ||||||
| |||||||
| |||||||
| 1 | Certificates as above prescribed shall be furnished by the | ||||||
| 2 | county clerk for all elections. | ||||||
| 3 | The Judges in charge of the precinct registration files | ||||||
| 4 | shall compare the signature upon such certificate with the | ||||||
| 5 | signature on the registration record card as a means of | ||||||
| 6 | identifying the voter. Unless satisfied by such comparison | ||||||
| 7 | that the applicant to vote is the identical person who is | ||||||
| 8 | registered under the same name, the Judges shall ask such | ||||||
| 9 | applicant the questions for identification which appear on the | ||||||
| 10 | registration card and if the applicant does not prove to the | ||||||
| 11 | satisfaction of a majority of the judges of the election | ||||||
| 12 | precinct that he is the identical person registered under the | ||||||
| 13 | name in question then the vote for such applicant shall be | ||||||
| 14 | challenged by a Judge of Election, and the same procedure | ||||||
| 15 | followed as provided by law for challenged voters. | ||||||
| 16 | In case the elector is unable to sign his name, a Judge of | ||||||
| 17 | Election shall check the data on the registration card and | ||||||
| 18 | shall check the address given, with the registered address, in | ||||||
| 19 | order to determine whether he is entitled to vote. | ||||||
| 20 | One of the Judges of election shall check the certificate | ||||||
| 21 | of each applicant for a ballot after the registration record | ||||||
| 22 | has been examined and shall sign his initials on the | ||||||
| 23 | certificate in the space provided therefor, and shall enter | ||||||
| 24 | upon such certificate the number of the voter in the place | ||||||
| 25 | provided therefor, and make an entry in the voting record | ||||||
| 26 | space on the registration record, to indicate whether or not | ||||||
| |||||||
| |||||||
| 1 | the applicant voted. Such judge shall then hand such | ||||||
| 2 | certificate back to the applicant in case he is permitted to | ||||||
| 3 | vote, and such applicant shall hand it to the judge of election | ||||||
| 4 | in charge of the ballots. The certificates of the voters shall | ||||||
| 5 | be filed in the order in which they are received and shall | ||||||
| 6 | constitute an official poll record. The term "Poll Lists" and | ||||||
| 7 | "Poll Books" where used in this article 5 shall be construed to | ||||||
| 8 | apply to such official poll records. | ||||||
| 9 | After each general primary election the county clerk shall | ||||||
| 10 | indicate by color code or other means next to the name of each | ||||||
| 11 | registrant on the list of registered voters in each precinct | ||||||
| 12 | the primary ballot of a political party that the registrant | ||||||
| 13 | requested at that general primary election. The county clerk, | ||||||
| 14 | within 60 days after the general primary election, shall | ||||||
| 15 | provide a copy of this coded list to the chair of the county | ||||||
| 16 | central committee of each established political party or to | ||||||
| 17 | the chair's duly authorized representative. | ||||||
| 18 | Within 60 days after the effective date of this amendatory | ||||||
| 19 | Act of 1983, the county clerk shall provide to the chair of the | ||||||
| 20 | county central committee of each established political party | ||||||
| 21 | or to the chair's duly authorized representative the list of | ||||||
| 22 | registered voters in each precinct at the time of the general | ||||||
| 23 | primary election of 1982 and shall indicate on such list by | ||||||
| 24 | color code or other means next to the name of a registrant the | ||||||
| 25 | primary ballot of a political party that the registrant | ||||||
| 26 | requested at the general primary election of 1982. | ||||||
| |||||||
| |||||||
| 1 | The county clerk may charge a fee to reimburse the actual | ||||||
| 2 | cost of duplicating each copy of a list provided under either | ||||||
| 3 | of the 2 preceding paragraphs. | ||||||
| 4 | Where an elector makes application to vote by signing and | ||||||
| 5 | presenting the certificate provided by this Section, and his | ||||||
| 6 | registration record card is not found in the precinct registry | ||||||
| 7 | of voters, but his name appears as that of a registered voter | ||||||
| 8 | in such precinct upon the printed precinct list of voters and | ||||||
| 9 | whose name has not been erased or withdrawn from such | ||||||
| 10 | register, it shall be the duty of one of the Judges of Election | ||||||
| 11 | to require an affidavit by such person and two voters residing | ||||||
| 12 | in the precinct before the judges of election that he is the | ||||||
| 13 | same person whose name appears upon the precinct register and | ||||||
| 14 | that he resides in the precinct stating the street number of | ||||||
| 15 | his residence. Forms for such affidavit shall be supplied by | ||||||
| 16 | the county clerk for all elections. Upon the making of such | ||||||
| 17 | affidavit and the presentation of his certificate such elector | ||||||
| 18 | shall be entitled to vote. All affidavits made under this | ||||||
| 19 | paragraph shall be preserved and returned to the county clerk | ||||||
| 20 | in an envelope. It shall be the duty of the county clerk within | ||||||
| 21 | 30 days after such election to take steps provided by Section | ||||||
| 22 | 5-27 of this article 5 for the execution of new registration | ||||||
| 23 | affidavits by electors who have voted under the provisions of | ||||||
| 24 | this paragraph. | ||||||
| 25 | Provided, however, that the applications for ballots made | ||||||
| 26 | by registered voters and under the provisions of article 19 of | ||||||
| |||||||
| |||||||
| 1 | this act shall be accepted by the Judges of Election in lieu of | ||||||
| 2 | the "certificate of registered voter" provided for in this | ||||||
| 3 | section. | ||||||
| 4 | When the county clerk delivers to the judges of election | ||||||
| 5 | for use at the polls a supplemental or consolidated list of the | ||||||
| 6 | printed precinct register, he shall give a copy of the | ||||||
| 7 | supplemental or consolidated list to the chair of a county | ||||||
| 8 | central committee of an established political party or to the | ||||||
| 9 | chair's duly authorized representative. | ||||||
| 10 | Whenever two or more elections occur simultaneously, the | ||||||
| 11 | election authority charged with the duty of providing | ||||||
| 12 | application certificates may prescribe the form thereof so | ||||||
| 13 | that a voter is required to execute only one, indicating in | ||||||
| 14 | which of the elections he desires to vote. | ||||||
| 15 | After the signature has been verified, the judges shall | ||||||
| 16 | determine in which political subdivisions the voter resides by | ||||||
| 17 | use of the information contained on the voter registration | ||||||
| 18 | cards or the separate registration lists or other means | ||||||
| 19 | approved by the State Board of Elections and prepared and | ||||||
| 20 | supplied by the election authority. The voter's certificate | ||||||
| 21 | shall be so marked by the judges as to show the respective | ||||||
| 22 | ballots which the voter is given. | ||||||
| 23 | (Source: P.A. 100-1027, eff. 1-1-19.)
| ||||||
| 24 | (10 ILCS 5/5-30) (from Ch. 46, par. 5-30) | ||||||
| 25 | Sec. 5-30. Upon application to vote at a general primary | ||||||
| |||||||
| |||||||
| 1 | election each registered elector shall sign his name or mark | ||||||
| 2 | and write his address on a certificate substantially the same | ||||||
| 3 | as that used in the general election. The application shall | ||||||
| 4 | contain a space for a voter to indicate the voter's political | ||||||
| 5 | party except that it shall have a place for party affiliation | ||||||
| 6 | which is to be filled in by the elector, or by the officer in | ||||||
| 7 | charge if the elector is unable to write. The certificates of | ||||||
| 8 | each State-wide political party at a primary election shall be | ||||||
| 9 | separately printed upon paper of uniform quality, texture and | ||||||
| 10 | size, but the certificates of no 2 State-wide political | ||||||
| 11 | parties shall be of the same color or tint. However, if the | ||||||
| 12 | election authority provides computer generated applications | ||||||
| 13 | with the precinct, ballot style and voter's name and address | ||||||
| 14 | preprinted on the application, a single application may be | ||||||
| 15 | used for State-wide political parties if it contains spaces or | ||||||
| 16 | check-off boxes to indicate the political party. Such | ||||||
| 17 | application shall not entitle the voter to vote in the primary | ||||||
| 18 | of more than one political party at the same election. Such | ||||||
| 19 | applications may contain spaces or check-off boxes permitting | ||||||
| 20 | the voter to request a primary ballot of any other political | ||||||
| 21 | party which is established only within a political subdivision | ||||||
| 22 | and for which a primary is conducted on the same election day. | ||||||
| 23 | Such application shall not entitle the voter to vote in both | ||||||
| 24 | the primary of the State-wide political party and the primary | ||||||
| 25 | of the local political party with respect to the offices of the | ||||||
| 26 | same political subdivision. In no event may a voter vote in | ||||||
| |||||||
| |||||||
| 1 | more than one State-wide primary on the same day. Such | ||||||
| 2 | certificates when checked and initialed by the Judge in charge | ||||||
| 3 | shall constitute the primary poll record. Such certificates at | ||||||
| 4 | the close of the election shall be placed in an envelope, | ||||||
| 5 | sealed and returned with the ballots. Nothing herein shall be | ||||||
| 6 | construed to conflict with sections 7-44 and 7-45 of article 7 | ||||||
| 7 | of this act. Provided, however, that the applications for | ||||||
| 8 | ballots made by registered voters under the provisions of | ||||||
| 9 | article 19 of this act shall be accepted by the Judges of | ||||||
| 10 | election in lieu of the "certificate of registered voter" | ||||||
| 11 | provided for in this section. | ||||||
| 12 | (Source: P.A. 83-1362.)
| ||||||
| 13 | (10 ILCS 5/6-66) (from Ch. 46, par. 6-66) | ||||||
| 14 | Sec. 6-66. Upon application to vote each registered | ||||||
| 15 | elector shall sign his name or make his mark as the case may | ||||||
| 16 | be, on a certificate substantially as follows: | ||||||
| 17 | "CERTIFICATE OF REGISTERED VOTER | ||||||
| 18 | City of ................. Ward .... Precinct .... Election | ||||||
| 19 | ...............(Date).......(Month)...........(Year) | ||||||
| 20 | Registration Record ....... Checked by ............... Voter's | ||||||
| 21 | number .... | ||||||
| 22 | INSTRUCTION TO VOTERS | ||||||
| 23 | Sign this certificate and hand it to the election officers | ||||||
| 24 | in charge. After the registration record has been checked, the | ||||||
| 25 | officer will hand it back to you. Whereupon you shall present | ||||||
| |||||||
| |||||||
| 1 | it to the officer in charge of the ballots. | ||||||
| 2 | I hereby certify that I am registered from the address | ||||||
| 3 | below and am qualified to vote. | ||||||
| 4 | Signature of voter ................ | ||||||
| 5 | Residence address ................" | ||||||
| 6 | An individual shall not be required to provide his social | ||||||
| 7 | security number when applying for a ballot. He shall not be | ||||||
| 8 | denied a ballot, nor shall his ballot be challenged, solely | ||||||
| 9 | because of his refusal to provide his social security number. | ||||||
| 10 | Nothing in this Act prevents an individual from being | ||||||
| 11 | requested to provide his social security number when the | ||||||
| 12 | individual applies for a ballot. If, however, the certificate | ||||||
| 13 | contains a space for the individual's social security number, | ||||||
| 14 | the following notice shall appear on the certificate, | ||||||
| 15 | immediately above such space, in bold-face capital letters, in | ||||||
| 16 | type the size of which equals the largest type on the | ||||||
| 17 | certificate: | ||||||
| 18 | "THE INDIVIDUAL APPLYING FOR A BALLOT WITH THIS DOCUMENT | ||||||
| 19 | IS NOT REQUIRED TO DISCLOSE HIS OR HER SOCIAL SECURITY NUMBER. | ||||||
| 20 | HE OR SHE MAY NOT BE DENIED A BALLOT, NOR SHALL HIS OR HER | ||||||
| 21 | BALLOT BE CHALLENGED, SOLELY BECAUSE OF HIS OR HER REFUSAL TO | ||||||
| 22 | PROVIDE HIS OR HER SOCIAL SECURITY NUMBER." | ||||||
| 23 | The applications of each State-wide political party at a | ||||||
| 24 | primary election shall be separately printed upon paper of | ||||||
| 25 | uniform quality, texture and size, but the applications of no | ||||||
| 26 | 2 State-wide political parties shall be of the same color or | ||||||
| |||||||
| |||||||
| 1 | tint. If the election authority provides computer generated | ||||||
| 2 | applications with the precinct, ballot style, and voter's name | ||||||
| 3 | and address preprinted on the application, a single | ||||||
| 4 | application may be used for State-wide political parties if it | ||||||
| 5 | contains spaces or check-off boxes to indicate the political | ||||||
| 6 | party. Such applications may contain spaces or check-off boxes | ||||||
| 7 | permitting the voter to also request a primary ballot of any | ||||||
| 8 | political party which is established only within a political | ||||||
| 9 | subdivision and for which a primary is conducted on the same | ||||||
| 10 | election day. Such applications shall not entitle the voter to | ||||||
| 11 | vote in both the primary of a State-wide political party and | ||||||
| 12 | the primary of a local political party with respect to the | ||||||
| 13 | offices of the same political subdivision or to vote in the | ||||||
| 14 | primary of more than one State-wide political party on the | ||||||
| 15 | same day. | ||||||
| 16 | The judges in charge of the precinct registration files | ||||||
| 17 | shall compare the signature upon such certificate with the | ||||||
| 18 | signature on the registration record card as a means of | ||||||
| 19 | identifying the voter. Unless satisfied by such comparison | ||||||
| 20 | that the applicant to vote is the identical person who is | ||||||
| 21 | registered under the same name, the judges shall ask such | ||||||
| 22 | applicant the questions for identification which appear on the | ||||||
| 23 | registration card, and if the applicant does not prove to the | ||||||
| 24 | satisfaction of a majority of the judges of the election | ||||||
| 25 | precinct that he is the identical person registered under the | ||||||
| 26 | name in question then the vote of such applicant shall be | ||||||
| |||||||
| |||||||
| 1 | challenged by a judge of election, and the same procedure | ||||||
| 2 | followed as provided in this Article and Act for challenged | ||||||
| 3 | voters. | ||||||
| 4 | In case the elector is unable to sign his name, a judge of | ||||||
| 5 | election shall check the data on the registration card and | ||||||
| 6 | shall check the address given, with the registered address, in | ||||||
| 7 | order to determine whether he is entitled to vote. | ||||||
| 8 | One of the judges of election shall check the certificate | ||||||
| 9 | of such applicant for a ballot after the registration record | ||||||
| 10 | has been examined, and shall sign his initials on the | ||||||
| 11 | certificate in the space provided therefor, and shall enter | ||||||
| 12 | upon such certificate the number of the voter in the place | ||||||
| 13 | provided therefor, and make an entry in the voting record | ||||||
| 14 | space on the registration record, to indicate whether or not | ||||||
| 15 | the applicant voted. Such judge shall then hand such | ||||||
| 16 | certificate back to the applicant in case he is permitted to | ||||||
| 17 | vote, and such applicant shall hand it to the judge of election | ||||||
| 18 | in charge of the ballots. The certificates of the voters shall | ||||||
| 19 | be filed in the order in which they are received and shall | ||||||
| 20 | constitute an official poll record. The terms "poll lists" and | ||||||
| 21 | "poll books", where used in this Article and Act, shall be | ||||||
| 22 | construed to apply to such official poll record. | ||||||
| 23 | After each general primary election the board of election | ||||||
| 24 | commissioners shall indicate by color code or other means next | ||||||
| 25 | to the name of each registrant on the list of registered voters | ||||||
| 26 | in each precinct the primary ballot of a political party that | ||||||
| |||||||
| |||||||
| 1 | the registrant requested at the general primary election. The | ||||||
| 2 | board of election commissioners, within 60 days after that | ||||||
| 3 | general primary election, shall provide a copy of this coded | ||||||
| 4 | list to the chairman of the county central committee of each | ||||||
| 5 | established political party or to the chair's duly authorized | ||||||
| 6 | representative. | ||||||
| 7 | Within 60 days after the effective date of this amendatory | ||||||
| 8 | Act of 1983, the board of election commissioners shall provide | ||||||
| 9 | to the chairman of the county central committee of each | ||||||
| 10 | established political party or to the chair's duly authorized | ||||||
| 11 | representative the list of registered voters in each precinct | ||||||
| 12 | at the time of the general primary election of 1982 and shall | ||||||
| 13 | indicate on such list by color code or other means next to the | ||||||
| 14 | name of a registrant the primary ballot of a political party | ||||||
| 15 | that the registrant requested at the general primary election | ||||||
| 16 | of 1982. | ||||||
| 17 | The board of election commissioners may charge a fee to | ||||||
| 18 | reimburse the actual cost of duplicating each copy of a list | ||||||
| 19 | provided under either of the 2 preceding paragraphs. | ||||||
| 20 | Where an elector makes application to vote by signing and | ||||||
| 21 | presenting the certificate provided by this Section, and his | ||||||
| 22 | registration card is not found in the precinct registry of | ||||||
| 23 | voters, but his name appears as that of a registered voter in | ||||||
| 24 | such precinct upon the printed precinct register as corrected | ||||||
| 25 | or revised by the supplemental list, or upon the consolidated | ||||||
| 26 | list, if any provided by this Article and whose name has not | ||||||
| |||||||
| |||||||
| 1 | been erased or withdrawn from such register, the printed | ||||||
| 2 | precinct register as corrected or revised by the supplemental | ||||||
| 3 | list, or consolidated list, if any, shall be prima facie | ||||||
| 4 | evidence of the elector's right to vote upon compliance with | ||||||
| 5 | the provisions hereinafter set forth in this Section. In such | ||||||
| 6 | event it shall be the duty of one of the judges of election to | ||||||
| 7 | require an affidavit by such person and 2 voters residing in | ||||||
| 8 | the precinct before the judges of election that he is the same | ||||||
| 9 | person whose name appears upon the printed precinct register | ||||||
| 10 | as corrected or revised by the supplemental list, or | ||||||
| 11 | consolidated list, if any, and that he resides in the | ||||||
| 12 | precinct, stating the street and number of his residence, and | ||||||
| 13 | upon the presentation of such affidavits, a certificate shall | ||||||
| 14 | be issued to such elector, and upon the presentation of such | ||||||
| 15 | certificate and affidavits, he shall be entitled to vote. Any | ||||||
| 16 | elector whose name does not appear as a registered voter on the | ||||||
| 17 | printed precinct register or supplemental list but who has a | ||||||
| 18 | certificate issued by the board of election commissioners as | ||||||
| 19 | provided in Section 6-43 of this Article, shall be entitled to | ||||||
| 20 | vote upon the presentation of such certificate accompanied by | ||||||
| 21 | the affidavits of 2 voters residing in the precinct that the | ||||||
| 22 | elector is the same person described in such certificate and | ||||||
| 23 | that he resides in the precinct, stating the street and number | ||||||
| 24 | of his residence. Forms for all affidavits required hereunder | ||||||
| 25 | shall be supplied by the board of election commissioners. All | ||||||
| 26 | affidavits made under this paragraph shall be preserved and | ||||||
| |||||||
| |||||||
| 1 | returned to the board of election commissioners in the manner | ||||||
| 2 | provided by this Article and Article 18 of this Act. It shall | ||||||
| 3 | be the duty of the board of election commissioners, within 30 | ||||||
| 4 | days after such election, to take the steps provided by | ||||||
| 5 | Section 6-64 of this Article for the execution of new | ||||||
| 6 | registration affidavits by electors who have voted under the | ||||||
| 7 | provisions of this paragraph. | ||||||
| 8 | When the board of election commissioners delivers to the | ||||||
| 9 | judges of election for use at the polls a supplemental or | ||||||
| 10 | consolidated list of the printed precinct register, it shall | ||||||
| 11 | give a copy of the supplemental or consolidated list to the | ||||||
| 12 | chair of a county central committee of an established | ||||||
| 13 | political party or to the chair's duly authorized | ||||||
| 14 | representative. | ||||||
| 15 | Whenever 2 or more elections occur simultaneously, the | ||||||
| 16 | election official or officials charged with the duty of | ||||||
| 17 | providing application certificates may prescribe the form | ||||||
| 18 | thereof so that a voter is required to execute only one, | ||||||
| 19 | indicating in which of the elections he desires to vote. | ||||||
| 20 | After the signature has been verified, the judges shall | ||||||
| 21 | determine in which political subdivisions the voter resides by | ||||||
| 22 | use of the information contained on the voter registration | ||||||
| 23 | cards or the separate registration lists or other means | ||||||
| 24 | approved by the State Board of Elections and prepared and | ||||||
| 25 | supplied by the election authority. The voter's certificate | ||||||
| 26 | shall be so marked by the judges as to show the respective | ||||||
| |||||||
| |||||||
| 1 | ballots which the voter is given. | ||||||
| 2 | (Source: P.A. 100-1027, eff. 1-1-19.)
| ||||||
| 3 | (10 ILCS 5/6-67) (from Ch. 46, par. 6-67) | ||||||
| 4 | Sec. 6-67. Upon application to vote at a primary election | ||||||
| 5 | each registered elector shall sign his name or mark and write | ||||||
| 6 | his address on a certificate substantially the same as that | ||||||
| 7 | used in the general election except that it shall have a place | ||||||
| 8 | for party affiliation which is to be filled in by the elector, | ||||||
| 9 | or by the officer in charge if the elector is unable to write. | ||||||
| 10 | Such certificates when checked and initialed by the judge in | ||||||
| 11 | charge, shall constitute the primary poll record. Such | ||||||
| 12 | certificates at the close of the primary election shall be | ||||||
| 13 | placed in an envelope, sealed and returned with the ballots. | ||||||
| 14 | Nothing herein shall be construed to conflict with sections | ||||||
| 15 | 7-44 and 7-45 of Article 7 of this Act. | ||||||
| 16 | (Source: Laws 1957, p. 1450.)
| ||||||
| 17 | (10 ILCS 5/7-2) (from Ch. 46, par. 7-2) | ||||||
| 18 | Sec. 7-2. A political party, which at the general election | ||||||
| 19 | for State and county officers then next preceding a primary, | ||||||
| 20 | polled more than 5 per cent of the entire vote cast in the | ||||||
| 21 | State, is hereby declared to be a political party within the | ||||||
| 22 | State, and shall nominate all candidates provided for in this | ||||||
| 23 | Article 7 under the provisions hereof, and shall elect | ||||||
| 24 | precinct, township, ward, and State central committeepersons | ||||||
| |||||||
| |||||||
| 1 | as herein provided. | ||||||
| 2 | A political party, which at the general election for State | ||||||
| 3 | and county officers then next preceding a primary, cast more | ||||||
| 4 | than 5 per cent of the entire vote cast within any | ||||||
| 5 | congressional district, is hereby declared to be a political | ||||||
| 6 | party within the meaning of this Article, within such | ||||||
| 7 | congressional district, and shall nominate its candidate for | ||||||
| 8 | Representative in Congress, under the provisions hereof. A | ||||||
| 9 | political party, which at the general election for State and | ||||||
| 10 | county officers then next preceding a primary, cast more than | ||||||
| 11 | 5 per cent of the entire vote cast in any county, is hereby | ||||||
| 12 | declared to be a political party within the meaning of this | ||||||
| 13 | Article, within said county, and shall nominate all county | ||||||
| 14 | officers in said county under the provisions hereof, and shall | ||||||
| 15 | elect precinct, township, and ward committeepersons, as herein | ||||||
| 16 | provided. | ||||||
| 17 | A political party, which at the municipal election for | ||||||
| 18 | city, village, or incorporated town officers then next | ||||||
| 19 | preceding a primary, cast more than 5 per cent of the entire | ||||||
| 20 | vote cast in any city, village, or incorporated town is hereby | ||||||
| 21 | declared to be a political party within the meaning of this | ||||||
| 22 | Article, within said city, village, or incorporated town, and | ||||||
| 23 | shall nominate all city, village, or incorporated town | ||||||
| 24 | officers in said city, village, or incorporated town under the | ||||||
| 25 | provisions hereof to the extent and in the cases provided in | ||||||
| 26 | Section 7-1. | ||||||
| |||||||
| |||||||
| 1 | A political party, which at the municipal election for | ||||||
| 2 | town officers then next preceding a primary, cast more than 5 | ||||||
| 3 | per cent of the entire vote cast in said town, is hereby | ||||||
| 4 | declared to be a political party within the meaning of this | ||||||
| 5 | Article, within said town, and shall nominate all town | ||||||
| 6 | officers in said town under the provisions hereof to the | ||||||
| 7 | extent and in the cases provided in Section 7-1. | ||||||
| 8 | A political party, which at the municipal election in any | ||||||
| 9 | other municipality or political subdivision, (except townships | ||||||
| 10 | and school districts), for municipal or other officers therein | ||||||
| 11 | then next preceding a primary, cast more than 5 per cent of the | ||||||
| 12 | entire vote cast in such municipality or political | ||||||
| 13 | subdivision, is hereby declared to be a political party within | ||||||
| 14 | the meaning of this Article, within said municipality or | ||||||
| 15 | political subdivision, and shall nominate all municipal or | ||||||
| 16 | other officers therein under the provisions hereof to the | ||||||
| 17 | extent and in the cases provided in Section 7-1. | ||||||
| 18 | Provided, that no political organization or group shall be | ||||||
| 19 | qualified as a political party hereunder, or given a place on a | ||||||
| 20 | ballot, which organization or group is associated, directly or | ||||||
| 21 | indirectly, with Communist, Fascist, Nazi, or other | ||||||
| 22 | un-American principles and engages in activities or propaganda | ||||||
| 23 | designed to teach subservience to the political principles and | ||||||
| 24 | ideals of foreign nations or the overthrow by violence of the | ||||||
| 25 | established constitutional form of government of the United | ||||||
| 26 | States and the State of Illinois. | ||||||
| |||||||
| |||||||
| 1 | (Source: P.A. 100-1027, eff. 1-1-19; 101-81, eff. 7-12-19.)
| ||||||
| 2 | (10 ILCS 5/7-3) (from Ch. 46, par. 7-3) | ||||||
| 3 | Sec. 7-3. In determining the total vote of a political | ||||||
| 4 | party, whenever required by this Article 7, the test shall be | ||||||
| 5 | the total vote cast by electors such political party for a its | ||||||
| 6 | candidate that filed a nominating petition as a member of that | ||||||
| 7 | political party and is a registered voter of that party who | ||||||
| 8 | received the greatest number of votes; provided however, that | ||||||
| 9 | in applying this section to the vote cast for any candidate for | ||||||
| 10 | an office for which cumulative voting is permitted, the total | ||||||
| 11 | vote cast for such candidate shall be divided by that number | ||||||
| 12 | which equals the greatest number of votes that could lawfully | ||||||
| 13 | be cast for such candidate by one elector. | ||||||
| 14 | (Source: Laws 1943, vol. 2, p. 1.)
| ||||||
| 15 | (10 ILCS 5/7-5) (from Ch. 46, par. 7-5) | ||||||
| 16 | Sec. 7-5. (a) Primary elections shall be held on the dates | ||||||
| 17 | prescribed in Article 2A. | ||||||
| 18 | (b) Notwithstanding the provisions of any other statute, | ||||||
| 19 | no primary shall be held for an established political party in | ||||||
| 20 | any township, municipality, or ward thereof, where the | ||||||
| 21 | nomination of such party for every office to be voted upon by | ||||||
| 22 | the electors of such township, municipality, or ward thereof, | ||||||
| 23 | is uncontested. Whenever a political party's nomination of | ||||||
| 24 | candidates is uncontested as to one or more, but not all, of | ||||||
| |||||||
| |||||||
| 1 | the offices to be voted upon by the electors of a township, | ||||||
| 2 | municipality, or ward thereof, then a primary shall be held | ||||||
| 3 | for that party in such township, municipality, or ward | ||||||
| 4 | thereof; provided that the primary ballot shall not include | ||||||
| 5 | those offices within such township, municipality, or ward | ||||||
| 6 | thereof, for which the nomination is uncontested. For purposes | ||||||
| 7 | of this Article, the nomination of an established political | ||||||
| 8 | party of a candidate for election to an office shall be deemed | ||||||
| 9 | to be uncontested where not more than the number of persons to | ||||||
| 10 | be nominated have timely filed valid nomination papers seeking | ||||||
| 11 | the nomination of such party for election to such office. | ||||||
| 12 | (c) Notwithstanding the provisions of any other statute, | ||||||
| 13 | no primary election shall be held for an established political | ||||||
| 14 | party for any special primary election called for the purpose | ||||||
| 15 | of filling a vacancy in the office of representative in the | ||||||
| 16 | United States Congress where the nomination of such political | ||||||
| 17 | party for said office is uncontested. For the purposes of this | ||||||
| 18 | Article, the nomination of an established political party of a | ||||||
| 19 | candidate for election to said office shall be deemed to be | ||||||
| 20 | uncontested where not more than the number of persons to be | ||||||
| 21 | nominated have timely filed valid nomination papers seeking | ||||||
| 22 | the nomination of such established party for election to said | ||||||
| 23 | office. This subsection (c) shall not apply if such primary | ||||||
| 24 | election is conducted on a regularly scheduled election day. | ||||||
| 25 | (d) (Blank). Notwithstanding the provisions in subsection | ||||||
| 26 | (b) and (c) of this Section, whenever a person who has not | ||||||
| |||||||
| |||||||
| 1 | timely filed valid nomination papers and who intends to become | ||||||
| 2 | a write-in candidate for a political party's nomination for | ||||||
| 3 | any office for which the nomination is uncontested files a | ||||||
| 4 | written statement or notice of that intent with the local | ||||||
| 5 | election official where the candidate is seeking to appear on | ||||||
| 6 | the ballot, a primary ballot shall be prepared and a primary | ||||||
| 7 | shall be held for that office. Such statement or notice shall | ||||||
| 8 | be filed on or before the date established in this Article for | ||||||
| 9 | certifying candidates for the primary ballot. Such statement | ||||||
| 10 | or notice shall contain (i) the name and address of the person | ||||||
| 11 | intending to become a write-in candidate, (ii) a statement | ||||||
| 12 | that the person is a qualified primary elector of the | ||||||
| 13 | political party from whom the nomination is sought, (iii) a | ||||||
| 14 | statement that the person intends to become a write-in | ||||||
| 15 | candidate for the party's nomination, and (iv) the office the | ||||||
| 16 | person is seeking as a write-in candidate. An election | ||||||
| 17 | authority shall have no duty to conduct a primary and prepare a | ||||||
| 18 | primary ballot for any office for which the nomination is | ||||||
| 19 | uncontested, unless a statement or notice meeting the | ||||||
| 20 | requirements of this Section is filed in a timely manner. | ||||||
| 21 | (e) The polls shall be open from 6:00 a.m. to 7:00 p.m. | ||||||
| 22 | (Source: P.A. 103-600, eff. 7-1-24.)
| ||||||
| 23 | (10 ILCS 5/7-10) (from Ch. 46, par. 7-10) | ||||||
| 24 | Sec. 7-10. Form of petition for nomination. The name of no | ||||||
| 25 | candidate for nomination, or State central committeeperson, or | ||||||
| ||||||||||||||||||||||
| ||||||||||||||||||||||
| 1 | township committeeperson, or precinct committeeperson, or ward | |||||||||||||||||||||
| 2 | committeeperson or candidate for delegate or alternate | |||||||||||||||||||||
| 3 | delegate to national nominating conventions, shall be printed | |||||||||||||||||||||
| 4 | upon the primary ballot unless a petition for nomination has | |||||||||||||||||||||
| 5 | been filed in his behalf as provided in this Article in | |||||||||||||||||||||
| 6 | substantially the following form: | |||||||||||||||||||||
| 7 | We, the undersigned, members of and affiliated with the | |||||||||||||||||||||
| 8 | .... party and qualified primary electors of the .... party, | |||||||||||||||||||||
| 9 | in the .... of ...., in the county of .... and State of | |||||||||||||||||||||
| 10 | Illinois, do hereby petition that the following named person | |||||||||||||||||||||
| 11 | or persons shall be a candidate or candidates of the .... party | |||||||||||||||||||||
| 12 | for the nomination for (or in case of committeepersons for | |||||||||||||||||||||
| 13 | election to) the office or offices hereinafter specified, to | |||||||||||||||||||||
| 14 | be voted for at the primary election to be held on (insert | |||||||||||||||||||||
| 15 | date). | |||||||||||||||||||||
| ||||||||||||||||||||||
| 20 | Name.................. Address.......................
| |||||||||||||||||||||
| 21 | State of Illinois)
| |||||||||||||||||||||
| 22 | ) ss.
| |||||||||||||||||||||
| 23 | County of........) | |||||||||||||||||||||
| 24 | I, ...., do hereby certify that I reside at No. .... | |||||||||||||||||||||
| |||||||
| |||||||
| 1 | street, in the .... of ...., county of ...., and State of | ||||||
| 2 | ....., that I am 18 years of age or older, that I am a citizen | ||||||
| 3 | of the United States, and that the signatures on this sheet | ||||||
| 4 | were signed in my presence, and are genuine, and that to the | ||||||
| 5 | best of my knowledge and belief the persons so signing were at | ||||||
| 6 | the time of signing the petitions qualified voters of the .... | ||||||
| 7 | party, and that their respective residences are correctly | ||||||
| 8 | stated, as above set forth. | ||||||
| 9 | ......................... | ||||||
| 10 | Subscribed and sworn to before me on (insert date). | ||||||
| 11 | ......................... | ||||||
| 12 | Each sheet of the petition other than the statement of | ||||||
| 13 | candidacy and candidate's statement shall be of uniform size | ||||||
| 14 | and shall contain above the space for signatures an | ||||||
| 15 | appropriate heading giving the information as to name of | ||||||
| 16 | candidate or candidates, in whose behalf such petition is | ||||||
| 17 | signed; the office, the political party the candidate prefers | ||||||
| 18 | represented and place of residence; and the heading of each | ||||||
| 19 | sheet shall be the same. | ||||||
| 20 | Such petition shall be signed by qualified primary | ||||||
| 21 | electors residing in the political division for which the | ||||||
| 22 | nomination is sought in their own proper persons only and | ||||||
| 23 | opposite the signature of each signer, his residence address | ||||||
| 24 | shall be written or printed. The residence address required to | ||||||
| 25 | be written or printed opposite each qualified primary | ||||||
| |||||||
| |||||||
| 1 | elector's name shall include the street address or rural route | ||||||
| 2 | number of the signer, as the case may be, as well as the | ||||||
| 3 | signer's county, and city, village or town, and state. | ||||||
| 4 | However, the county or city, village or town, and state of | ||||||
| 5 | residence of the electors may be printed on the petition forms | ||||||
| 6 | where all of the electors signing the petition reside in the | ||||||
| 7 | same county or city, village or town, and state. Standard | ||||||
| 8 | abbreviations may be used in writing the residence address, | ||||||
| 9 | including street number, if any. At the bottom of each sheet of | ||||||
| 10 | such petition shall be added a circulator statement signed by | ||||||
| 11 | a person 18 years of age or older who is a citizen of the | ||||||
| 12 | United States, stating the street address or rural route | ||||||
| 13 | number, as the case may be, as well as the county, city, | ||||||
| 14 | village or town, and state; and certifying that the signatures | ||||||
| 15 | on that sheet of the petition were signed in his or her | ||||||
| 16 | presence and certifying that the signatures are genuine; and | ||||||
| 17 | either (1) indicating the dates on which that sheet was | ||||||
| 18 | circulated, or (2) indicating the first and last dates on | ||||||
| 19 | which the sheet was circulated, or (3) for elections where the | ||||||
| 20 | petition circulation period is 90 days, certifying that none | ||||||
| 21 | of the signatures on the sheet were signed more than 90 days | ||||||
| 22 | preceding the last day for the filing of the petition, or (4) | ||||||
| 23 | for the 2022 general primary election only, certify that the | ||||||
| 24 | signatures on the sheet were signed during the period of | ||||||
| 25 | January 13, 2022 through March 14, 2022 or certify that the | ||||||
| 26 | signatures on the sheet were signed during the period of | ||||||
| |||||||
| |||||||
| 1 | January 13, 2022 through the date on which this statement was | ||||||
| 2 | sworn or affirmed to and certifying that to the best of his or | ||||||
| 3 | her knowledge and belief the persons so signing were at the | ||||||
| 4 | time of signing the petitions qualified voters of the | ||||||
| 5 | political party for which a nomination is sought. Such | ||||||
| 6 | statement shall be sworn to before some officer authorized to | ||||||
| 7 | administer oaths in this State. | ||||||
| 8 | Except as otherwise provided in this Code, no petition | ||||||
| 9 | sheet shall be circulated more than 90 days preceding the last | ||||||
| 10 | day provided in Section 7-12 for the filing of such petition. | ||||||
| 11 | The person circulating the petition, or the candidate on | ||||||
| 12 | whose behalf the petition is circulated, may strike any | ||||||
| 13 | signature from the petition, provided that: | ||||||
| 14 | (1) the person striking the signature shall initial | ||||||
| 15 | the petition at the place where the signature is struck; | ||||||
| 16 | and | ||||||
| 17 | (2) the person striking the signature shall sign a | ||||||
| 18 | certification listing the page number and line number of | ||||||
| 19 | each signature struck from the petition. Such | ||||||
| 20 | certification shall be filed as a part of the petition. | ||||||
| 21 | Such sheets before being filed shall be neatly fastened | ||||||
| 22 | together in book form, by placing the sheets in a pile and | ||||||
| 23 | fastening them together at one edge in a secure and suitable | ||||||
| 24 | manner, and the sheets shall then be numbered consecutively. | ||||||
| 25 | The sheets shall not be fastened by pasting them together end | ||||||
| 26 | to end, so as to form a continuous strip or roll. All petition | ||||||
| |||||||||||||||||||||||
| |||||||||||||||||||||||
| 1 | sheets which are filed with the proper local election | ||||||||||||||||||||||
| 2 | officials, election authorities or the State Board of | ||||||||||||||||||||||
| 3 | Elections shall be the original sheets which have been signed | ||||||||||||||||||||||
| 4 | by the voters and by the circulator thereof, and not | ||||||||||||||||||||||
| 5 | photocopies or duplicates of such sheets. Each petition must | ||||||||||||||||||||||
| 6 | include as a part thereof, a statement of candidacy for each of | ||||||||||||||||||||||
| 7 | the candidates filing, or in whose behalf the petition is | ||||||||||||||||||||||
| 8 | filed. This statement shall set out the address of such | ||||||||||||||||||||||
| 9 | candidate, the office for which he is a candidate, shall state | ||||||||||||||||||||||
| 10 | that the candidate is a qualified primary voter of the party to | ||||||||||||||||||||||
| 11 | which the petition relates and is qualified for the office | ||||||||||||||||||||||
| 12 | specified (in the case of a candidate for State's Attorney it | ||||||||||||||||||||||
| 13 | shall state that the candidate is at the time of filing such | ||||||||||||||||||||||
| 14 | statement a licensed attorney-at-law of this State), may state | ||||||||||||||||||||||
| 15 | the political party the candidate prefers, shall state that he | ||||||||||||||||||||||
| 16 | has filed (or will file before the close of the petition filing | ||||||||||||||||||||||
| 17 | period) a statement of economic interests as required by the | ||||||||||||||||||||||
| 18 | Illinois Governmental Ethics Act, shall request that the | ||||||||||||||||||||||
| 19 | candidate's name be placed upon the official ballot, and shall | ||||||||||||||||||||||
| 20 | be subscribed and sworn to by such candidate before some | ||||||||||||||||||||||
| 21 | officer authorized to take acknowledgment of deeds in the | ||||||||||||||||||||||
| 22 | State and shall be in substantially the following form: | ||||||||||||||||||||||
| 23 | Statement of Candidacy | ||||||||||||||||||||||
| |||||||||||||||||||||||
| |||||||||
| |||||||||
| |||||||||
| 2 | State of Illinois)
| ||||||||
| 3 | ) ss.
| ||||||||
| 4 | County of .......) | ||||||||
| 5 | I, ...., being first duly sworn, say that I reside at .... | ||||||||
| 6 | Street in the city (or village) of ...., in the county of ...., | ||||||||
| 7 | State of Illinois; that I am a qualified voter therein and am a | ||||||||
| 8 | qualified primary voter of the .... party; that I am a | ||||||||
| 9 | candidate for nomination (for election in the case of | ||||||||
| 10 | committeeperson and delegates and alternate delegates) to the | ||||||||
| 11 | office of .... to be voted upon at the primary election to be | ||||||||
| 12 | held on (insert date); that I am legally qualified (including | ||||||||
| 13 | being the holder of any license that may be an eligibility | ||||||||
| 14 | requirement for the office I seek the nomination for) to hold | ||||||||
| 15 | such office and that I have filed (or I will file before the | ||||||||
| 16 | close of the petition filing period) a statement of economic | ||||||||
| 17 | interests as required by the Illinois Governmental Ethics Act | ||||||||
| 18 | and I hereby request that my name be printed upon the official | ||||||||
| 19 | primary ballot for nomination for (or election to in the case | ||||||||
| 20 | of committeepersons and delegates and alternate delegates) | ||||||||
| 21 | such office. | ||||||||
| 22 | Signed ...................... | ||||||||
| 23 | Subscribed and sworn to (or affirmed) before me by ...., | ||||||||
| 24 | who is to me personally known, on (insert date). | ||||||||
| 25 | Signed .................... | ||||||||
| |||||||
| |||||||
| 1 | (Official Character) | ||||||
| 2 | (Seal, if officer has one.)
| ||||||
| 3 | The petitions, when filed, shall not be withdrawn or added | ||||||
| 4 | to, and no signatures shall be revoked except by revocation | ||||||
| 5 | filed in writing with the State Board of Elections, election | ||||||
| 6 | authority or local election official with whom the petition is | ||||||
| 7 | required to be filed, and before the filing of such petition. | ||||||
| 8 | Whoever forges the name of a signer upon any petition required | ||||||
| 9 | by this Article is deemed guilty of a forgery and on conviction | ||||||
| 10 | thereof shall be punished accordingly. | ||||||
| 11 | A candidate for the offices listed in this Section must | ||||||
| 12 | obtain the number of signatures specified in this Section on | ||||||
| 13 | his or her petition for nomination. | ||||||
| 14 | (a) Statewide office or delegate to a national nominating | ||||||
| 15 | convention. Except as otherwise provided in this Code, if a | ||||||
| 16 | candidate seeks to run for statewide office or as a delegate or | ||||||
| 17 | alternate delegate to a national nominating convention elected | ||||||
| 18 | from the State at-large, then the candidate's petition for | ||||||
| 19 | nomination must contain at least 5,000 but not more than | ||||||
| 20 | 10,000 signatures. | ||||||
| 21 | (b) Congressional office or congressional delegate to a | ||||||
| 22 | national nominating convention. Except as otherwise provided | ||||||
| 23 | in this Code, if a candidate seeks to run for United States | ||||||
| 24 | Congress or as a congressional delegate or alternate | ||||||
| 25 | congressional delegate to a national nominating convention | ||||||
| |||||||
| |||||||
| 1 | elected from a congressional district, then the candidate's | ||||||
| 2 | petition for nomination must contain at least the number of | ||||||
| 3 | signatures equal to 0.5% of the qualified primary electors of | ||||||
| 4 | his or her party in his or her congressional district. In the | ||||||
| 5 | first primary election following a redistricting of | ||||||
| 6 | congressional districts, a candidate's petition for nomination | ||||||
| 7 | must contain at least 600 signatures of qualified primary | ||||||
| 8 | electors of the candidate's political party in his or her | ||||||
| 9 | congressional district. | ||||||
| 10 | (c) County office. Except as otherwise provided in this | ||||||
| 11 | Code, if a candidate seeks to run for any countywide office, | ||||||
| 12 | including, but not limited to, county board chairperson or | ||||||
| 13 | county board member, elected on an at-large basis, in a county | ||||||
| 14 | other than Cook County, then the candidate's petition for | ||||||
| 15 | nomination must contain at least the number of signatures | ||||||
| 16 | equal to 0.5% of the qualified electors of his or her party who | ||||||
| 17 | cast votes at the last preceding general election in his or her | ||||||
| 18 | county. If a candidate seeks to run for county board member | ||||||
| 19 | elected from a county board district, then the candidate's | ||||||
| 20 | petition for nomination must contain at least the number of | ||||||
| 21 | signatures equal to 0.5% of the qualified primary electors of | ||||||
| 22 | his or her party in the county board district. In the first | ||||||
| 23 | primary election following a redistricting of county board | ||||||
| 24 | districts or the initial establishment of county board | ||||||
| 25 | districts, a candidate's petition for nomination must contain | ||||||
| 26 | at least the number of signatures equal to 0.5% of the | ||||||
| |||||||
| |||||||
| 1 | qualified electors of his or her party in the entire county who | ||||||
| 2 | cast votes at the last preceding general election divided by | ||||||
| 3 | the total number of county board districts comprising the | ||||||
| 4 | county board; provided that in no event shall the number of | ||||||
| 5 | signatures be less than 25. | ||||||
| 6 | (d) County office; Cook County only. | ||||||
| 7 | (1) If a candidate seeks to run for countywide office | ||||||
| 8 | in Cook County, then the candidate's petition for | ||||||
| 9 | nomination must contain at least the number of signatures | ||||||
| 10 | equal to 0.5% of the qualified electors of his or her party | ||||||
| 11 | who cast votes at the last preceding general election in | ||||||
| 12 | Cook County. | ||||||
| 13 | (2) If a candidate seeks to run for Cook County Board | ||||||
| 14 | Commissioner, then the candidate's petition for nomination | ||||||
| 15 | must contain at least the number of signatures equal to | ||||||
| 16 | 0.5% of the qualified primary electors of his or her party | ||||||
| 17 | in his or her county board district. In the first primary | ||||||
| 18 | election following a redistricting of Cook County Board of | ||||||
| 19 | Commissioners districts, a candidate's petition for | ||||||
| 20 | nomination must contain at least the number of signatures | ||||||
| 21 | equal to 0.5% of the qualified electors of his or her party | ||||||
| 22 | in the entire county who cast votes at the last preceding | ||||||
| 23 | general election divided by the total number of county | ||||||
| 24 | board districts comprising the county board; provided that | ||||||
| 25 | in no event shall the number of signatures be less than 25. | ||||||
| 26 | (3) Except as otherwise provided in this Code, if a | ||||||
| |||||||
| |||||||
| 1 | candidate seeks to run for Cook County Board of Review | ||||||
| 2 | Commissioner, which is elected from a district pursuant to | ||||||
| 3 | subsection (c) of Section 5-5 of the Property Tax Code, | ||||||
| 4 | then the candidate's petition for nomination must contain | ||||||
| 5 | at least the number of signatures equal to 0.5% of the | ||||||
| 6 | total number of registered voters in his or her board of | ||||||
| 7 | review district in the last general election at which a | ||||||
| 8 | commissioner was regularly scheduled to be elected from | ||||||
| 9 | that board of review district. In no event shall the | ||||||
| 10 | number of signatures required be greater than the | ||||||
| 11 | requisite number for a candidate who seeks countywide | ||||||
| 12 | office in Cook County under subsection (d)(1) of this | ||||||
| 13 | Section. In the first primary election following a | ||||||
| 14 | redistricting of Cook County Board of Review districts, a | ||||||
| 15 | candidate's petition for nomination must contain at least | ||||||
| 16 | 4,000 signatures or at least the number of signatures | ||||||
| 17 | required for a countywide candidate in Cook County, | ||||||
| 18 | whichever is less, of the qualified electors of his or her | ||||||
| 19 | party in the district. | ||||||
| 20 | (e) Municipal or township office. If a candidate seeks to | ||||||
| 21 | run for municipal or township office, then the candidate's | ||||||
| 22 | petition for nomination must contain at least the number of | ||||||
| 23 | signatures equal to 0.5% of the qualified primary electors of | ||||||
| 24 | his or her party in the municipality or township. If a | ||||||
| 25 | candidate seeks to run for alderperson of a municipality, then | ||||||
| 26 | the candidate's petition for nomination must contain at least | ||||||
| |||||||
| |||||||
| 1 | the number of signatures equal to 0.5% of the qualified | ||||||
| 2 | primary electors of his or her party of the ward. In the first | ||||||
| 3 | primary election following redistricting of wards or trustee | ||||||
| 4 | districts of a municipality or the initial establishment of | ||||||
| 5 | wards or districts, a candidate's petition for nomination must | ||||||
| 6 | contain the number of signatures equal to at least 0.5% of the | ||||||
| 7 | total number of votes cast for the candidate of that political | ||||||
| 8 | party who received the highest number of votes in the entire | ||||||
| 9 | municipality at the last regular election at which an officer | ||||||
| 10 | was regularly scheduled to be elected from the entire | ||||||
| 11 | municipality, divided by the number of wards or districts. In | ||||||
| 12 | no event shall the number of signatures be less than 25. | ||||||
| 13 | (f) State central committeeperson. If a candidate seeks to | ||||||
| 14 | run for State central committeeperson, then the candidate's | ||||||
| 15 | petition for nomination must contain at least 100 signatures | ||||||
| 16 | of the primary electors of his or her party of his or her | ||||||
| 17 | congressional district. | ||||||
| 18 | (g) Sanitary district trustee. Except as otherwise | ||||||
| 19 | provided in this Code, if a candidate seeks to run for trustee | ||||||
| 20 | of a sanitary district in which trustees are not elected from | ||||||
| 21 | wards, then the candidate's petition for nomination must | ||||||
| 22 | contain at least the number of signatures equal to 0.5% of the | ||||||
| 23 | primary electors of his or her party from the sanitary | ||||||
| 24 | district. If a candidate seeks to run for trustee of a sanitary | ||||||
| 25 | district in which trustees are elected from wards, then the | ||||||
| 26 | candidate's petition for nomination must contain at least the | ||||||
| |||||||
| |||||||
| 1 | number of signatures equal to 0.5% of the primary electors of | ||||||
| 2 | his or her party in the ward of that sanitary district. In the | ||||||
| 3 | first primary election following redistricting of sanitary | ||||||
| 4 | districts elected from wards, a candidate's petition for | ||||||
| 5 | nomination must contain at least the signatures of 150 | ||||||
| 6 | qualified primary electors of his or her ward of that sanitary | ||||||
| 7 | district. | ||||||
| 8 | (h) Judicial office. Except as otherwise provided in this | ||||||
| 9 | Code, if a candidate seeks to run for judicial office in a | ||||||
| 10 | district, then the candidate's petition for nomination must | ||||||
| 11 | contain the number of signatures equal to 0.4% of the number of | ||||||
| 12 | votes cast in that district for the candidate for his or her | ||||||
| 13 | political party for the office of Governor at the last general | ||||||
| 14 | election at which a Governor was elected, but in no event less | ||||||
| 15 | than 500 signatures. If a candidate seeks to run for judicial | ||||||
| 16 | office in a circuit or subcircuit, then the candidate's | ||||||
| 17 | petition for nomination must contain the number of signatures | ||||||
| 18 | equal to 0.25% of the number of votes cast for the judicial | ||||||
| 19 | candidate of his or her political party who received the | ||||||
| 20 | highest number of votes at the last general election at which a | ||||||
| 21 | judicial officer from the same circuit or subcircuit was | ||||||
| 22 | regularly scheduled to be elected, but in no event less than | ||||||
| 23 | 1,000 signatures in circuits and subcircuits located in the | ||||||
| 24 | First Judicial District or 500 signatures in every other | ||||||
| 25 | Judicial District. | ||||||
| 26 | (i) Precinct, ward, and township committeeperson. Except | ||||||
| |||||||
| |||||||
| 1 | as otherwise provided in this Code, if a candidate seeks to run | ||||||
| 2 | for precinct committeeperson, then the candidate's petition | ||||||
| 3 | for nomination must contain at least 10 signatures of the | ||||||
| 4 | primary electors of his or her party for the precinct. If a | ||||||
| 5 | candidate seeks to run for ward committeeperson, then the | ||||||
| 6 | candidate's petition for nomination must contain no less than | ||||||
| 7 | the number of signatures equal to 10% of the primary electors | ||||||
| 8 | of his or her party of the ward, but no more than 16% of those | ||||||
| 9 | same electors; provided that the maximum number of signatures | ||||||
| 10 | may be 50 more than the minimum number, whichever is greater. | ||||||
| 11 | If a candidate seeks to run for township committeeperson, then | ||||||
| 12 | the candidate's petition for nomination must contain no less | ||||||
| 13 | than the number of signatures equal to 5% of the primary | ||||||
| 14 | electors of his or her party of the township, but no more than | ||||||
| 15 | 8% of those same electors; provided that the maximum number of | ||||||
| 16 | signatures may be 50 more than the minimum number, whichever | ||||||
| 17 | is greater. | ||||||
| 18 | (j) State's attorney or regional superintendent of schools | ||||||
| 19 | for multiple counties. If a candidate seeks to run for State's | ||||||
| 20 | attorney or regional Superintendent of Schools who serves more | ||||||
| 21 | than one county, then the candidate's petition for nomination | ||||||
| 22 | must contain at least the number of signatures equal to 0.5% of | ||||||
| 23 | the primary electors of his or her party in the territory | ||||||
| 24 | comprising the counties. | ||||||
| 25 | (k) Any other office. If a candidate seeks any other | ||||||
| 26 | office, then the candidate's petition for nomination must | ||||||
| |||||||
| |||||||
| 1 | contain at least the number of signatures equal to 0.5% of the | ||||||
| 2 | registered voters of the political subdivision, district, or | ||||||
| 3 | division for which the nomination is made or 25 signatures, | ||||||
| 4 | whichever is greater. | ||||||
| 5 | For purposes of this Section the number of primary | ||||||
| 6 | electors shall be determined by taking the total vote cast, in | ||||||
| 7 | the applicable district, for the candidate for that political | ||||||
| 8 | party who received the highest number of votes, statewide, at | ||||||
| 9 | the last general election in the State at which electors for | ||||||
| 10 | President of the United States were elected. For political | ||||||
| 11 | subdivisions, the number of primary electors shall be | ||||||
| 12 | determined by taking the total vote cast for the candidate for | ||||||
| 13 | that political party who received the highest number of votes | ||||||
| 14 | in the political subdivision at the last regular election at | ||||||
| 15 | which an officer was regularly scheduled to be elected from | ||||||
| 16 | that subdivision. For wards or districts of political | ||||||
| 17 | subdivisions, the number of primary electors shall be | ||||||
| 18 | determined by taking the total vote cast for the candidate for | ||||||
| 19 | that political party who received the highest number of votes | ||||||
| 20 | in the ward or district at the last regular election at which | ||||||
| 21 | an officer was regularly scheduled to be elected from that | ||||||
| 22 | ward or district. | ||||||
| 23 | A "qualified primary elector" of a party may not sign | ||||||
| 24 | petitions for or be a candidate in the primary of more than one | ||||||
| 25 | party. | ||||||
| 26 | The changes made to this Section by Public Act 93-574 are | ||||||
| |||||||
| |||||||
| 1 | declarative of existing law, except for item (3) of subsection | ||||||
| 2 | (d). | ||||||
| 3 | Petitions of candidates for nomination for offices herein | ||||||
| 4 | specified, to be filed with the same officer, may contain the | ||||||
| 5 | names of 2 or more candidates of the same political party for | ||||||
| 6 | the same or different offices. In the case of the offices of | ||||||
| 7 | Governor and Lieutenant Governor, a joint petition including | ||||||
| 8 | one candidate for each of those offices must be filed. | ||||||
| 9 | (Source: P.A. 102-15, eff. 6-17-21; 102-687, eff. 12-17-21; | ||||||
| 10 | 102-692, eff. 1-7-22.)
| ||||||
| 11 | (10 ILCS 5/7-43) (from Ch. 46, par. 7-43) | ||||||
| 12 | Sec. 7-43. (a) Every person having resided in this State 6 | ||||||
| 13 | months and in the precinct 30 days next preceding any primary | ||||||
| 14 | therein who shall be a citizen of the United States of the age | ||||||
| 15 | of 18 or more years shall be entitled to vote at such primary. | ||||||
| 16 | The following regulations shall be applicable to | ||||||
| 17 | primaries: | ||||||
| 18 | No person shall be entitled to vote at a primary: | ||||||
| 19 | (a) Unless he declares his party affiliations as | ||||||
| 20 | required by this Article. | ||||||
| 21 | (b) (Blank). | ||||||
| 22 | (c) (Blank). | ||||||
| 23 | (c.5) If that person has participated in the town | ||||||
| 24 | political party caucus, under Section 45-50 of the | ||||||
| 25 | Township Code, of another political party by signing | ||||||
| |||||||
| |||||||
| 1 | an affidavit of voters attending the caucus within 45 | ||||||
| 2 | days before the first day of the calendar month in | ||||||
| 3 | which the primary is held. | ||||||
| 4 | (d) (Blank). | ||||||
| 5 | (b) In cities, villages, and incorporated towns having a | ||||||
| 6 | board of election commissioners, only voters registered as | ||||||
| 7 | provided by Article 6 of this Code shall be entitled to vote at | ||||||
| 8 | such primary. | ||||||
| 9 | (c) No person shall be entitled to vote at a primary unless | ||||||
| 10 | he is registered under the provisions of Article 4, 5, or 6 of | ||||||
| 11 | this Code, when his registration is required by any of said | ||||||
| 12 | Articles to entitle him to vote at the election with reference | ||||||
| 13 | to which the primary is held. | ||||||
| 14 | A person (i) who filed a statement of candidacy for a | ||||||
| 15 | partisan office as a qualified primary voter of an established | ||||||
| 16 | political party or (ii) who voted the ballot of an established | ||||||
| 17 | political party at a general primary election may not file a | ||||||
| 18 | statement of candidacy as a candidate of a different | ||||||
| 19 | established political party, a new political party, or as an | ||||||
| 20 | independent candidate for a partisan office to be filled at | ||||||
| 21 | the general election immediately following the general primary | ||||||
| 22 | for which the person filed the statement or voted the ballot. A | ||||||
| 23 | person may file a statement of candidacy for a partisan office | ||||||
| 24 | as a qualified primary voter of an established political party | ||||||
| 25 | regardless of any prior filing of candidacy for a partisan | ||||||
| 26 | office or voting the ballot of an established political party | ||||||
| |||||||
| |||||||
| 1 | at any prior election. | ||||||
| 2 | (Source: P.A. 102-15, eff. 6-17-21; 103-154, eff. 6-30-23.)
| ||||||
| 3 | (10 ILCS 5/7-44) (from Ch. 46, par. 7-44) | ||||||
| 4 | Sec. 7-44. Voters; primary ballot. Any person desiring to | ||||||
| 5 | vote at a primary shall state the person's his name and , | ||||||
| 6 | residence and party affiliation to the primary judges, one of | ||||||
| 7 | whom shall thereupon announce the same in a distinct tone of | ||||||
| 8 | voice, sufficiently loud to be heard by all persons in the | ||||||
| 9 | polling place. When article 4, 5 or 6 is applicable the | ||||||
| 10 | Certificate of Registered Voter therein prescribed shall be | ||||||
| 11 | made and signed and the official poll record shall be made. If | ||||||
| 12 | the person desiring to vote is not challenged, one of the | ||||||
| 13 | primary judges shall give to the person him one, and only one, | ||||||
| 14 | primary ballot that lists each candidate for office | ||||||
| 15 | participating in the primary election, regardless of party | ||||||
| 16 | affiliation of the political party with which he declares | ||||||
| 17 | himself affiliated, on the back of which such primary judge | ||||||
| 18 | shall endorse the person's his initials in such manner that | ||||||
| 19 | they may be seen when the primary ballot is properly folded. If | ||||||
| 20 | the person desiring to vote is challenged the person he shall | ||||||
| 21 | not receive a primary ballot from the primary judges until the | ||||||
| 22 | person he shall have established the person's his right to | ||||||
| 23 | vote as hereinafter provided. No person who refuses to state | ||||||
| 24 | his party affiliation shall be allowed to vote at a primary. | ||||||
| 25 | A person who declares his party affiliation with a | ||||||
| |||||||
| |||||||
| 1 | statewide established political party and requests a primary | ||||||
| 2 | ballot of such party may nonetheless also declare his | ||||||
| 3 | affiliation with a political party established only within a | ||||||
| 4 | political subdivision, and may also vote in the primary of | ||||||
| 5 | such local party on the same election day, provided that such | ||||||
| 6 | voter may not vote in both such party primaries with respect to | ||||||
| 7 | offices of the same political subdivision. However, no person | ||||||
| 8 | declaring his affiliation with a statewide established | ||||||
| 9 | political party may vote in the primary of any other statewide | ||||||
| 10 | political party on the same election day. | ||||||
| 11 | (Source: P.A. 81-1535.)
| ||||||
| 12 | (10 ILCS 5/7-60) (from Ch. 46, par. 7-60) | ||||||
| 13 | Sec. 7-60. Not less than 74 days before the date of the | ||||||
| 14 | general election, the State Board of Elections shall certify | ||||||
| 15 | to the county clerks the names of each of the candidates who | ||||||
| 16 | have been nominated as shown by the proclamation of the State | ||||||
| 17 | Board of Elections as a canvassing board or who have been | ||||||
| 18 | nominated to fill a vacancy in nomination and direct the | ||||||
| 19 | election authority to place upon the official ballot for the | ||||||
| 20 | general election the names of such candidates in the same | ||||||
| 21 | manner and in the same order as shown upon the certification, | ||||||
| 22 | except as otherwise provided in this Code. | ||||||
| 23 | Notwithstanding any other provision of law, the 2 | ||||||
| 24 | candidates in any primary election who receive the most votes | ||||||
| 25 | in the primary election, regardless of the party affiliation | ||||||
| |||||||
| |||||||
| 1 | of the candidates, shall be the only 2 candidates certified to | ||||||
| 2 | participate in the general election. | ||||||
| 3 | Except as otherwise provided in this Code, not less than | ||||||
| 4 | 68 days before the date of the general election, each county | ||||||
| 5 | clerk shall certify the names of each of the candidates for | ||||||
| 6 | county offices who have been nominated as shown by the | ||||||
| 7 | proclamation of the county election authority or who have been | ||||||
| 8 | nominated to fill a vacancy in nomination and declare that the | ||||||
| 9 | names of such candidates for the respective offices shall be | ||||||
| 10 | placed upon the official ballot for the general election in | ||||||
| 11 | the same manner and in the same order as shown upon the | ||||||
| 12 | certification, except as otherwise provided by this Section. | ||||||
| 13 | Each county clerk shall place a copy of the certification on | ||||||
| 14 | file in his or her office and at the same time issue to the | ||||||
| 15 | State Board of Elections a copy of such certification. In | ||||||
| 16 | addition, each county clerk in whose county there is a board of | ||||||
| 17 | election commissioners shall, not less than 68 days before the | ||||||
| 18 | date of the general election, issue to such board a copy of the | ||||||
| 19 | certification that has been filed in the county clerk's | ||||||
| 20 | office, together with a copy of the certification that has | ||||||
| 21 | been issued to the clerk by the State Board of Elections, with | ||||||
| 22 | directions to the board of election commissioners to place | ||||||
| 23 | upon the official ballot for the general election in that | ||||||
| 24 | election jurisdiction the names of all candidates that are | ||||||
| 25 | listed on such certifications, in the same manner and in the | ||||||
| 26 | same order as shown upon such certifications, except as | ||||||
| |||||||
| |||||||
| 1 | otherwise provided in this Section. | ||||||
| 2 | Whenever there are two or more persons nominated by the | ||||||
| 3 | same political party for multiple offices for any board, the | ||||||
| 4 | name of the candidate of such party receiving the highest | ||||||
| 5 | number of votes in the primary election as a candidate for such | ||||||
| 6 | office, as shown by the official election returns of the | ||||||
| 7 | primary, shall be certified first under the name of such | ||||||
| 8 | offices, and the names of the remaining candidates of such | ||||||
| 9 | party for such offices shall follow in the order of the number | ||||||
| 10 | of votes received by them respectively at the primary election | ||||||
| 11 | as shown by the official election results. | ||||||
| 12 | No person who is shown by the final proclamation to have | ||||||
| 13 | been nominated or elected at the primary as a write-in | ||||||
| 14 | candidate shall have his or her name certified unless such | ||||||
| 15 | person shall have filed with the certifying office or board | ||||||
| 16 | within 10 days after the election authority's proclamation a | ||||||
| 17 | statement of candidacy pursuant to Section 7-10, a statement | ||||||
| 18 | pursuant to Section 7-10.1, and a receipt for the filing of a | ||||||
| 19 | statement of economic interests in relation to the unit of | ||||||
| 20 | government to which he or she has been elected or nominated. | ||||||
| 21 | Each county clerk and board of election commissioners | ||||||
| 22 | shall determine by a fair and impartial method of random | ||||||
| 23 | selection the order of placement of established political | ||||||
| 24 | party candidates for the general election ballot. Such | ||||||
| 25 | determination shall be made within 30 days following the | ||||||
| 26 | canvass and proclamation of the results of the general primary | ||||||
| |||||||
| |||||||
| 1 | in the office of the county clerk or board of election | ||||||
| 2 | commissioners and shall be open to the public. Seven days | ||||||
| 3 | written notice of the time and place of conducting such random | ||||||
| 4 | selection shall be given, by each such election authority, to | ||||||
| 5 | the County Chair of each established political party, and to | ||||||
| 6 | each organization of citizens within the election jurisdiction | ||||||
| 7 | which was entitled, under this Article, at the next preceding | ||||||
| 8 | election, to have pollwatchers present on the day of election. | ||||||
| 9 | Each election authority shall post in a conspicuous, open and | ||||||
| 10 | public place, at the entrance of the election authority | ||||||
| 11 | office, notice of the time and place of such lottery. However, | ||||||
| 12 | a board of election commissioners may elect to place | ||||||
| 13 | established political party candidates on the general election | ||||||
| 14 | ballot in the same order determined by the county clerk of the | ||||||
| 15 | county in which the city under the jurisdiction of such board | ||||||
| 16 | is located. | ||||||
| 17 | Each certification shall indicate, where applicable, the | ||||||
| 18 | following: | ||||||
| 19 | (1) The political party affiliation of the candidates | ||||||
| 20 | for the respective offices; | ||||||
| 21 | (2) If there is to be more than one candidate elected | ||||||
| 22 | to an office from the State, political subdivision or | ||||||
| 23 | district; | ||||||
| 24 | (3) If the voter has the right to vote for more than | ||||||
| 25 | one candidate for an office; | ||||||
| 26 | (4) The term of office, if a vacancy is to be filled | ||||||
| |||||||
| |||||||
| 1 | for less than a full term or if the offices to be filled in | ||||||
| 2 | a political subdivision are for different terms. | ||||||
| 3 | The State Board of Elections or the county clerk, as the | ||||||
| 4 | case may be, shall issue an amended certification whenever it | ||||||
| 5 | is discovered that the original certification is in error. | ||||||
| 6 | (Source: P.A. 102-15, eff. 6-17-21.)
| ||||||
| 7 | (10 ILCS 5/19-3) (from Ch. 46, par. 19-3) | ||||||
| 8 | Sec. 19-3. Application for a vote by mail ballot. | ||||||
| 9 | (a) The application for a vote by mail ballot for a single | ||||||
| 10 | election shall be substantially in the following form: | ||||||
| 11 | APPLICATION FOR VOTE BY MAIL BALLOT | ||||||
| 12 | To be voted at the .... election in the County of .... and | ||||||
| 13 | State of Illinois. | ||||||
| 14 | I state that I am a resident of .... in the municipality of | ||||||
| 15 | .... in the county of ....; that I have resided at such address | ||||||
| 16 | for at least 30 days; that I am lawfully entitled to vote at | ||||||
| 17 | the .... election to be held on ....; and that I wish to vote | ||||||
| 18 | by mail. | ||||||
| 19 | I hereby make application for an official ballot or | ||||||
| 20 | ballots to be voted by me at such election, and I agree that I | ||||||
| 21 | shall return such ballot or ballots to the official issuing | ||||||
| 22 | the same prior to the closing of the polls on the date of the | ||||||
| 23 | election or, if returned by mail, postmarked no later than | ||||||
| 24 | election day, for counting no later than during the period for | ||||||
| 25 | counting provisional ballots, the last day of which is the | ||||||
| |||||||
| |||||||
| 1 | 14th day following election day. | ||||||
| 2 | I understand that this application is made for an official | ||||||
| 3 | vote by mail ballot or ballots to be voted by me at the | ||||||
| 4 | election specified in this application and that I must submit | ||||||
| 5 | a separate application for an official vote by mail ballot or | ||||||
| 6 | ballots to be voted by me at any subsequent election. | ||||||
| 7 | Under penalties as provided by law pursuant to Section | ||||||
| 8 | 29-10 of the Election Code, the undersigned certifies that the | ||||||
| 9 | statements set forth in this application are true and correct. | ||||||
| 10 | .... | ||||||
| 11 | *fill in either (1), (2) or (3). | ||||||
| 12 | Post office address to which ballot is mailed: | ||||||
| 13 | ............... | ||||||
| 14 | (a-5) The application for a single vote by mail ballot | ||||||
| 15 | transmitted electronically pursuant to Section 19-2.6 shall be | ||||||
| 16 | substantively similar to the application for a vote by mail | ||||||
| 17 | ballot for a single election and shall include: | ||||||
| 18 | I swear or affirm that I am a voter with a print | ||||||
| 19 | disability, and, as a result of this disability, I am | ||||||
| 20 | making a request to receive a vote by mail ballot | ||||||
| 21 | electronically so that I may privately and independently | ||||||
| 22 | mark, verify, and print my vote by mail ballot. | ||||||
| 23 | (b) The application for permanent vote by mail status | ||||||
| 24 | shall be substantially in the following form: | ||||||
| 25 | APPLICATION FOR PERMANENT VOTE BY MAIL STATUS | ||||||
| 26 | I am currently a registered voter and wish to apply for | ||||||
| |||||||
| |||||||
| 1 | permanent vote by mail status. | ||||||
| 2 | I state that I am a resident of .... in the municipality of | ||||||
| 3 | .... in the county of ....; that I have resided at such address | ||||||
| 4 | for at least 30 days; that I am lawfully entitled to vote at | ||||||
| 5 | the .... election to be held on ....; and that I wish to vote | ||||||
| 6 | by mail in: | ||||||
| 7 | ..... all subsequent elections that do not require a party | ||||||
| 8 | designation. | ||||||
| 9 | ..... all subsequent elections, and I wish to receive a | ||||||
| 10 | ................... Party vote by mail ballot in | ||||||
| 11 | elections that require a party designation. | ||||||
| 12 | I hereby make application for an official ballot or | ||||||
| 13 | ballots to be voted by me at such election, and I agree that I | ||||||
| 14 | shall return such ballot or ballots to the official issuing | ||||||
| 15 | the same prior to the closing of the polls on the date of the | ||||||
| 16 | election or, if returned by mail, postmarked no later than | ||||||
| 17 | election day, for counting no later than during the period for | ||||||
| 18 | counting provisional ballots, the last day of which is the | ||||||
| 19 | 14th day following election day. | ||||||
| 20 | Under penalties as provided by law under Section 29-10 of | ||||||
| 21 | the Election Code, the undersigned certifies that the | ||||||
| 22 | statements set forth in this application are true and correct. | ||||||
| 23 | .... | ||||||
| 24 | Post office address to which ballot is mailed: | ||||||
| 25 | ............... | ||||||
| 26 | (b-5) The application for permanent vote by mail ballots | ||||||
| |||||||
| |||||||
| 1 | transmitted electronically pursuant to Section 19-2.6 shall be | ||||||
| 2 | substantively similar to the application for permanent vote by | ||||||
| 3 | mail status and shall include: | ||||||
| 4 | I swear or affirm that I am a voter with a | ||||||
| 5 | non-temporary print disability, and as a result of this | ||||||
| 6 | disability, I am making a request to receive vote by mail | ||||||
| 7 | ballots electronically so that I may privately and | ||||||
| 8 | independently mark, verify, and print my vote by mail | ||||||
| 9 | ballots. | ||||||
| 10 | (c) (Blank). However, if application is made for a primary | ||||||
| 11 | election ballot, such application shall require the applicant | ||||||
| 12 | to designate the name of the political party with which the | ||||||
| 13 | applicant is affiliated. The election authority shall allow | ||||||
| 14 | any voter on permanent vote by mail status to change his or her | ||||||
| 15 | party affiliation for a primary election ballot by a method | ||||||
| 16 | and deadline published and selected by the election authority. | ||||||
| 17 | (d) If application is made electronically, the applicant | ||||||
| 18 | shall mark the box associated with the above described | ||||||
| 19 | statement included as part of the online application | ||||||
| 20 | certifying that the statements set forth in the application | ||||||
| 21 | under subsection (a) or (b) are true and correct, and a | ||||||
| 22 | signature is not required. | ||||||
| 23 | (e) Any person may produce, reproduce, distribute, or | ||||||
| 24 | return to an election authority an application under this | ||||||
| 25 | Section. If applications are sent to a post office box | ||||||
| 26 | controlled by any individual or organization that is not an | ||||||
| |||||||
| |||||||
| 1 | election authority, those applications shall (i) include a | ||||||
| 2 | valid and current phone number for the individual or | ||||||
| 3 | organization controlling the post office box and (ii) be | ||||||
| 4 | turned over to the appropriate election authority within 7 | ||||||
| 5 | days of receipt or, if received within 2 weeks of the election | ||||||
| 6 | in which an applicant intends to vote, within 2 days of | ||||||
| 7 | receipt. Failure to turn over the applications in compliance | ||||||
| 8 | with this paragraph shall constitute a violation of this Code | ||||||
| 9 | and shall be punishable as a petty offense with a fine of $100 | ||||||
| 10 | per application. Removing, tampering with, or otherwise | ||||||
| 11 | knowingly making the postmark on the application unreadable by | ||||||
| 12 | the election authority shall establish a rebuttable | ||||||
| 13 | presumption of a violation of this paragraph. Upon receipt, | ||||||
| 14 | the appropriate election authority shall accept and promptly | ||||||
| 15 | process any application under this Section submitted in a form | ||||||
| 16 | substantially similar to that required by this Section, | ||||||
| 17 | including any substantially similar production or reproduction | ||||||
| 18 | generated by the applicant. | ||||||
| 19 | (f) An election authority may combine the applications in | ||||||
| 20 | subsections (a) and (b) onto one form, but the distinction | ||||||
| 21 | between the applications must be clear and the form must | ||||||
| 22 | provide check boxes for an applicant to indicate whether he or | ||||||
| 23 | she is applying for a single election vote by mail ballot or | ||||||
| 24 | for permanent vote by mail status. | ||||||
| 25 | (Source: P.A. 102-15, eff. 6-17-21; 102-819, eff. 5-13-22; | ||||||
| 26 | 103-467, eff. 8-4-23.)
| ||||||
| |||||||
| |||||||
| 1 | (10 ILCS 5/19-4.5 new) | ||||||
| 2 | Sec. 19-4.5. Absentee primary ballots. | ||||||
| 3 | (a) Notwithstanding any other provision of law, a person | ||||||
| 4 | entitled to vote by absentee ballot in a primary election | ||||||
| 5 | shall not be required to declare his or her political party | ||||||
| 6 | affiliation and shall be provided with the ballot listing all | ||||||
| 7 | candidates for offices for which the absentee voter is | ||||||
| 8 | entitled to vote in that primary election. The ballots | ||||||
| 9 | provided to absentee voters shall be the same open-primary | ||||||
| 10 | ballots as provided under Section 7-44. | ||||||
| 11 | (b) With respect to the marking, casting, and counting of | ||||||
| 12 | primary election ballots, absentee voting shall be conducted | ||||||
| 13 | in accordance with Sections 7-44 and other provisions of this | ||||||
| 14 | Article.
| ||||||
| 15 | (10 ILCS 5/19-5) (from Ch. 46, par. 19-5) | ||||||
| 16 | Sec. 19-5. Folding and enclosure of ballots in unsealed | ||||||
| 17 | envelope; address on envelope; certification; instructions for | ||||||
| 18 | marking and returning ballots. It shall be the duty of the | ||||||
| 19 | election authority to fold the ballot or ballots in the manner | ||||||
| 20 | specified by the statute for folding ballots prior to their | ||||||
| 21 | deposit in the ballot box, and to enclose such ballot or | ||||||
| 22 | ballots in an envelope unsealed to be furnished by the | ||||||
| 23 | election authority, which envelope shall bear upon the face | ||||||
| 24 | thereof the name, official title and post office address of | ||||||
| |||||||
| |||||||
| 1 | the election authority, and upon the other side a printed | ||||||
| 2 | certification in substantially the following form: | ||||||
| 3 | I state that I am a resident of .... in the municipality of | ||||||
| 4 | .... in the county of ....; that I have resided at such address | ||||||
| 5 | for at least 30 days; and that I am lawfully entitled to cast a | ||||||
| 6 | ballot. | ||||||
| 7 | I further state that I personally marked the enclosed | ||||||
| 8 | ballot in secret. | ||||||
| 9 | Under penalties of perjury as provided by law pursuant to | ||||||
| 10 | Section 29-10 of The Election Code, the undersigned certifies | ||||||
| 11 | that the statements set forth in this certification are true | ||||||
| 12 | and correct. | ||||||
| 13 | ....................... | ||||||
| 14 | If the ballot is to go to an elector who is physically | ||||||
| 15 | incapacitated and needs assistance marking the ballot, the | ||||||
| 16 | envelope shall bear upon the back thereof a certification in | ||||||
| 17 | substantially the following form: | ||||||
| 18 | I state that I am a resident of .... in the municipality of | ||||||
| 19 | .... in the county of ....; that I have resided at such address | ||||||
| 20 | for at least 30 days; that I am lawfully entitled to cast a | ||||||
| 21 | ballot; and that I am physically incapable of personally | ||||||
| 22 | marking the ballot for this election. | ||||||
| 23 | I further state that I marked the enclosed ballot in | ||||||
| 24 | secret with the assistance of | ||||||
| 25 | ................................. | ||||||
| 26 | (Individual rendering assistance) | ||||||
| |||||||
| |||||||
| 1 | ................................. | ||||||
| 2 | (Residence Address) | ||||||
| 3 | Under penalties of perjury as provided by law pursuant to | ||||||
| 4 | Section 29-10 of The Election Code, the undersigned certifies | ||||||
| 5 | that the statements set forth in this certification are true | ||||||
| 6 | and correct. | ||||||
| 7 | ....................... | ||||||
| 8 | In the case of a voter with a physical incapacity, marking | ||||||
| 9 | a ballot in secret includes marking a ballot with the | ||||||
| 10 | assistance of another individual, other than a candidate whose | ||||||
| 11 | name appears on the ballot (unless the voter is the spouse or a | ||||||
| 12 | parent, child, brother, or sister of the candidate), the | ||||||
| 13 | voter's employer, an agent of that employer, or an officer or | ||||||
| 14 | agent of the voter's union, when the voter's physical | ||||||
| 15 | incapacity necessitates such assistance. | ||||||
| 16 | In the case of a physically incapacitated voter, marking a | ||||||
| 17 | ballot in secret includes marking a ballot with the assistance | ||||||
| 18 | of another individual, other than a candidate whose name | ||||||
| 19 | appears on the ballot (unless the voter is the spouse or a | ||||||
| 20 | parent, child, brother, or sister of the candidate), the | ||||||
| 21 | voter's employer, an agent of that employer, or an officer or | ||||||
| 22 | agent of the voter's union, when the voter's physical | ||||||
| 23 | incapacity necessitates such assistance. | ||||||
| 24 | Provided, that if the ballot enclosed is to be voted at a | ||||||
| 25 | primary election, the certification shall designate the name | ||||||
| 26 | of the political party with which the voter is affiliated. | ||||||
| |||||||
| |||||||
| 1 | In addition to the above, the election authority shall | ||||||
| 2 | provide printed slips, or an electronic version thereof for | ||||||
| 3 | voters voting by mail pursuant to Section 19-2.6, giving full | ||||||
| 4 | instructions regarding the manner of marking and returning the | ||||||
| 5 | ballot in order that the same may be counted, and shall furnish | ||||||
| 6 | one of such printed slips or the electronic version thereof | ||||||
| 7 | for voters voting by mail pursuant to Section 19-2.6 to each of | ||||||
| 8 | such applicants at the same time the ballot is delivered to | ||||||
| 9 | him. Such instructions shall include the following statement: | ||||||
| 10 | "In signing the certification on the vote by mail ballot | ||||||
| 11 | envelope, you are attesting that you personally marked this | ||||||
| 12 | vote by mail ballot in secret. If you are physically unable to | ||||||
| 13 | mark the ballot, a friend or relative may assist you after | ||||||
| 14 | completing the enclosed affidavit. Federal and State laws | ||||||
| 15 | prohibit a candidate whose name appears on the ballot (unless | ||||||
| 16 | you are the spouse or a parent, child, brother, or sister of | ||||||
| 17 | the candidate), your employer, your employer's agent or an | ||||||
| 18 | officer or agent of your union from assisting voters with | ||||||
| 19 | physical disabilities." | ||||||
| 20 | In addition to the above, if a ballot to be provided to an | ||||||
| 21 | elector pursuant to this Section contains a public question | ||||||
| 22 | described in subsection (b) of Section 28-6 and the territory | ||||||
| 23 | concerning which the question is to be submitted is not | ||||||
| 24 | described on the ballot due to the space limitations of such | ||||||
| 25 | ballot, the election authority shall provide a printed copy of | ||||||
| 26 | a notice of the public question, which shall include a | ||||||
| |||||||
| |||||||
| 1 | description of the territory in the manner required by Section | ||||||
| 2 | 16-7. The notice shall be furnished to the elector at the same | ||||||
| 3 | time the ballot is delivered to the elector. | ||||||
| 4 | Election authorities transmitting ballots by electronic | ||||||
| 5 | transmission pursuant to Section 19-2.6 shall, to the greatest | ||||||
| 6 | extent possible, provide those applicants with the same | ||||||
| 7 | instructions, certifications, and other balloting materials | ||||||
| 8 | required when sending ballots by mail. | ||||||
| 9 | (Source: P.A. 102-819, eff. 5-13-22; 103-467, eff. 8-4-23.)
| ||||||
| 10 | (10 ILCS 5/19-8) (from Ch. 46, par. 19-8) | ||||||
| 11 | Sec. 19-8. Time and place of counting ballots. | ||||||
| 12 | (a) (Blank.) | ||||||
| 13 | (b) Each vote by mail voter's ballot returned to an | ||||||
| 14 | election authority, by any means authorized by this Article, | ||||||
| 15 | and received by that election authority before the closing of | ||||||
| 16 | the polls on election day shall be endorsed by the receiving | ||||||
| 17 | election authority with the day and hour of receipt and may be | ||||||
| 18 | processed by the election authority beginning on the day it is | ||||||
| 19 | received by the election authority in the central ballot | ||||||
| 20 | counting location of the election authority, but the results | ||||||
| 21 | of the processing may not be counted until the day of the | ||||||
| 22 | election after 7:00 p.m., except as provided in subsections | ||||||
| 23 | (g) and (g-5). | ||||||
| 24 | (c) Each vote by mail voter's ballot that is mailed to an | ||||||
| 25 | election authority and postmarked no later than election day, | ||||||
| |||||||
| |||||||
| 1 | but that is received by the election authority after the polls | ||||||
| 2 | close on election day and before the close of the period for | ||||||
| 3 | counting provisional ballots cast at that election, shall be | ||||||
| 4 | endorsed by the receiving authority with the day and hour of | ||||||
| 5 | receipt and shall be counted at the central ballot counting | ||||||
| 6 | location of the election authority during the period for | ||||||
| 7 | counting provisional ballots. | ||||||
| 8 | Each vote by mail voter's ballot that is mailed to an | ||||||
| 9 | election authority absent a postmark or a barcode usable with | ||||||
| 10 | an intelligent mail barcode tracking system, but that is | ||||||
| 11 | received by the election authority after the polls close on | ||||||
| 12 | election day and before the close of the period for counting | ||||||
| 13 | provisional ballots cast at that election, shall be endorsed | ||||||
| 14 | by the receiving authority with the day and hour of receipt, | ||||||
| 15 | opened to inspect the date inserted on the certification, and, | ||||||
| 16 | if the certification date is election day or earlier and the | ||||||
| 17 | ballot is otherwise found to be valid under the requirements | ||||||
| 18 | of this Section, counted at the central ballot counting | ||||||
| 19 | location of the election authority during the period for | ||||||
| 20 | counting provisional ballots. Absent a date on the | ||||||
| 21 | certification, the ballot shall not be counted. | ||||||
| 22 | If an election authority is using an intelligent mail | ||||||
| 23 | barcode tracking system, a ballot that is mailed to an | ||||||
| 24 | election authority absent a postmark may be counted if the | ||||||
| 25 | intelligent mail barcode tracking system verifies the envelope | ||||||
| 26 | was mailed no later than election day. | ||||||
| |||||||
| |||||||
| 1 | (d) Special write-in vote by mail voter's blank ballots | ||||||
| 2 | returned to an election authority, by any means authorized by | ||||||
| 3 | this Article, and received by the election authority at any | ||||||
| 4 | time before the closing of the polls on election day shall be | ||||||
| 5 | endorsed by the receiving election authority with the day and | ||||||
| 6 | hour of receipt and shall be counted at the central ballot | ||||||
| 7 | counting location of the election authority during the same | ||||||
| 8 | period provided for counting vote by mail voters' ballots | ||||||
| 9 | under subsections (b), (g), and (g-5). Special write-in vote | ||||||
| 10 | by mail voter's blank ballots that are mailed to an election | ||||||
| 11 | authority and postmarked no later than election day, but that | ||||||
| 12 | are received by the election authority after the polls close | ||||||
| 13 | on election day and before the closing of the period for | ||||||
| 14 | counting provisional ballots cast at that election, shall be | ||||||
| 15 | endorsed by the receiving authority with the day and hour of | ||||||
| 16 | receipt and shall be counted at the central ballot counting | ||||||
| 17 | location of the election authority during the same periods | ||||||
| 18 | provided for counting vote by mail voters' ballots under | ||||||
| 19 | subsection (c). | ||||||
| 20 | (e) Except as otherwise provided in this Section, vote by | ||||||
| 21 | mail voters' ballots and special write-in vote by mail voter's | ||||||
| 22 | blank ballots received by the election authority after the | ||||||
| 23 | closing of the polls on an election day shall be endorsed by | ||||||
| 24 | the election authority receiving them with the day and hour of | ||||||
| 25 | receipt and shall be safely kept unopened by the election | ||||||
| 26 | authority for the period of time required for the preservation | ||||||
| |||||||
| |||||||
| 1 | of ballots used at the election, and shall then, without being | ||||||
| 2 | opened, be destroyed in like manner as the used ballots of that | ||||||
| 3 | election. | ||||||
| 4 | (f) Counting required under this Section to begin on | ||||||
| 5 | election day after the closing of the polls shall commence no | ||||||
| 6 | later than 8:00 p.m. and shall be conducted by a panel or | ||||||
| 7 | panels of election judges appointed in the manner provided by | ||||||
| 8 | law. The counting shall continue until all vote by mail | ||||||
| 9 | voters' ballots and special write-in vote by mail voter's | ||||||
| 10 | blank ballots required to be counted on election day have been | ||||||
| 11 | counted. | ||||||
| 12 | (g) The procedures set forth in Articles 17 and 18 and, | ||||||
| 13 | with respect to primary elections, the procedures set forth in | ||||||
| 14 | Section 19-4.5, of this Code shall apply to all ballots | ||||||
| 15 | counted under this Section. In addition, within 2 days after a | ||||||
| 16 | vote by mail ballot is received, but in all cases before the | ||||||
| 17 | close of the period for counting provisional ballots, the | ||||||
| 18 | election judge or official shall compare the voter's signature | ||||||
| 19 | on the certification envelope of that vote by mail ballot with | ||||||
| 20 | the voter's signature on the application verified in | ||||||
| 21 | accordance with Section 19-4 or the signature of the voter on | ||||||
| 22 | file in the office of the election authority. If the election | ||||||
| 23 | judge or official determines that the 2 signatures match, and | ||||||
| 24 | that the vote by mail voter is otherwise qualified to cast a | ||||||
| 25 | vote by mail ballot, the election authority shall cast and | ||||||
| 26 | count the ballot on election day or the day the ballot is | ||||||
| |||||||
| |||||||
| 1 | determined to be valid, whichever is later, adding the results | ||||||
| 2 | to the precinct in which the voter is registered. If the | ||||||
| 3 | election judge or official determines that the signatures do | ||||||
| 4 | not match, or that the vote by mail voter is not qualified to | ||||||
| 5 | cast a vote by mail ballot, then without opening the | ||||||
| 6 | certification envelope, the judge or official shall mark | ||||||
| 7 | across the face of the certification envelope the word | ||||||
| 8 | "Rejected" and shall not cast or count the ballot. | ||||||
| 9 | In addition to the voter's signatures not matching, a vote | ||||||
| 10 | by mail ballot may be rejected by the election judge or | ||||||
| 11 | official: | ||||||
| 12 | (1) if the ballot envelope is open or has been opened | ||||||
| 13 | and resealed; | ||||||
| 14 | (2) if the voter has already cast an early or grace | ||||||
| 15 | period ballot; | ||||||
| 16 | (3) if the voter voted in person on election day or the | ||||||
| 17 | voter is not a duly registered voter in the precinct; or | ||||||
| 18 | (4) on any other basis set forth in this Code. | ||||||
| 19 | If the election judge or official determines that any of | ||||||
| 20 | these reasons apply, the judge or official shall mark across | ||||||
| 21 | the face of the certification envelope the word "Rejected" and | ||||||
| 22 | shall not cast or count the ballot. | ||||||
| 23 | (g-5) If a vote by mail ballot is rejected by the election | ||||||
| 24 | judge or official for any reason, the election authority | ||||||
| 25 | shall, within 2 days after the rejection but in all cases | ||||||
| 26 | before the close of the period for counting provisional | ||||||
| |||||||
| |||||||
| 1 | ballots, notify the vote by mail voter that his or her ballot | ||||||
| 2 | was rejected. The notice shall inform the voter of the reason | ||||||
| 3 | or reasons the ballot was rejected and shall state that the | ||||||
| 4 | voter may appear before the election authority, on or before | ||||||
| 5 | the 14th day after the election, to show cause as to why the | ||||||
| 6 | ballot should not be rejected. The voter may present evidence | ||||||
| 7 | to the election authority supporting his or her contention | ||||||
| 8 | that the ballot should be counted. The election authority | ||||||
| 9 | shall appoint a panel of 3 election judges to review the | ||||||
| 10 | contested ballot, application, and certification envelope, as | ||||||
| 11 | well as any evidence submitted by the vote by mail voter. No | ||||||
| 12 | more than 2 election judges on the reviewing panel shall be of | ||||||
| 13 | the same political party. The reviewing panel of election | ||||||
| 14 | judges shall make a final determination as to the validity of | ||||||
| 15 | the contested vote by mail ballot. The judges' determination | ||||||
| 16 | shall not be reviewable either administratively or judicially. | ||||||
| 17 | A vote by mail ballot subject to this subsection that is | ||||||
| 18 | determined to be valid shall be counted before the close of the | ||||||
| 19 | period for counting provisional ballots. | ||||||
| 20 | If a vote by mail ballot is rejected for any reason, the | ||||||
| 21 | election authority shall, within one day after the rejection, | ||||||
| 22 | transmit to the State Board of Elections by electronic means | ||||||
| 23 | the voter's name, street address, email address and precinct, | ||||||
| 24 | ward, township, and district numbers, as the case may be. If a | ||||||
| 25 | rejected vote by mail ballot is determined to be valid, the | ||||||
| 26 | election authority shall, within one day after the | ||||||
| |||||||
| |||||||
| 1 | determination, remove the name of the voter from the list | ||||||
| 2 | transmitted to the State Board of Elections. The State Board | ||||||
| 3 | of Elections shall maintain the names and information in an | ||||||
| 4 | electronic format on its website accessible to State and local | ||||||
| 5 | political committees. | ||||||
| 6 | Upon request by the State or local political committee, | ||||||
| 7 | each election authority shall, within one day after the | ||||||
| 8 | request, provide the following information about all rejected | ||||||
| 9 | vote by mail ballots: voter's name, street address, email | ||||||
| 10 | address and precinct, ward, township, and district numbers, as | ||||||
| 11 | the case may be. | ||||||
| 12 | (g-10) All vote by mail ballots determined to be valid | ||||||
| 13 | shall be added to the vote totals for the precincts for which | ||||||
| 14 | they were cast in the order in which the ballots were opened. | ||||||
| 15 | (h) Each political party, candidate, and qualified civic | ||||||
| 16 | organization shall be entitled to have present one pollwatcher | ||||||
| 17 | for each panel of election judges therein assigned. | ||||||
| 18 | (Source: P.A. 102-1126, eff. 2-10-23; 103-467, eff. 8-4-23.)
| ||||||
| 19 | (10 ILCS 5/19-12.1) (from Ch. 46, par. 19-12.1) | ||||||
| 20 | Sec. 19-12.1. Any qualified elector who has secured an | ||||||
| 21 | Illinois Person with a Disability Identification Card in | ||||||
| 22 | accordance with the Illinois Identification Card Act, | ||||||
| 23 | indicating that the person named thereon has a Class 1A or | ||||||
| 24 | Class 2 disability or any qualified voter who has a permanent | ||||||
| 25 | physical incapacity of such a nature as to make it improbable | ||||||
| |||||||
| |||||||
| 1 | that he will be able to be present at the polls at any future | ||||||
| 2 | election, or any voter who is a resident of (i) a federally | ||||||
| 3 | operated veterans' home, hospital, or facility located in | ||||||
| 4 | Illinois or (ii) a facility licensed or certified pursuant to | ||||||
| 5 | the Nursing Home Care Act, the Specialized Mental Health | ||||||
| 6 | Rehabilitation Act of 2013, the ID/DD Community Care Act, or | ||||||
| 7 | the MC/DD Act and has a condition or disability of such a | ||||||
| 8 | nature as to make it improbable that he will be able to be | ||||||
| 9 | present at the polls at any future election, may secure a | ||||||
| 10 | voter's identification card for persons with disabilities or a | ||||||
| 11 | nursing home resident's identification card, which will enable | ||||||
| 12 | him to vote under this Article as a physically incapacitated | ||||||
| 13 | or nursing home voter. For the purposes of this Section, | ||||||
| 14 | "federally operated veterans' home, hospital, or facility" | ||||||
| 15 | means the long-term care facilities at the Jesse Brown VA | ||||||
| 16 | Medical Center, Illiana Health Care System, Edward Hines, Jr. | ||||||
| 17 | VA Hospital, Marion VA Medical Center, and Captain James A. | ||||||
| 18 | Lovell Federal Health Care Center. | ||||||
| 19 | Application for a voter's identification card for persons | ||||||
| 20 | with disabilities or a nursing home resident's identification | ||||||
| 21 | card shall be made either: (a) in writing, with voter's sworn | ||||||
| 22 | affidavit, to the county clerk or board of election | ||||||
| 23 | commissioners, as the case may be, and shall be accompanied by | ||||||
| 24 | the affidavit of the attending physician, advanced practice | ||||||
| 25 | registered nurse, or a physician assistant specifically | ||||||
| 26 | describing the nature of the physical incapacity or the fact | ||||||
| |||||||
| |||||||
| 1 | that the voter is a nursing home resident and is physically | ||||||
| 2 | unable to be present at the polls on election days; or (b) by | ||||||
| 3 | presenting, in writing or otherwise, to the county clerk or | ||||||
| 4 | board of election commissioners, as the case may be, proof | ||||||
| 5 | that the applicant has secured an Illinois Person with a | ||||||
| 6 | Disability Identification Card indicating that the person | ||||||
| 7 | named thereon has a Class 1A or Class 2 disability. Upon the | ||||||
| 8 | receipt of either the sworn-to application and the | ||||||
| 9 | physician's, advanced practice registered nurse's, or a | ||||||
| 10 | physician assistant's affidavit or proof that the applicant | ||||||
| 11 | has secured an Illinois Person with a Disability | ||||||
| 12 | Identification Card indicating that the person named thereon | ||||||
| 13 | has a Class 1A or Class 2 disability, the county clerk or board | ||||||
| 14 | of election commissioners shall issue a voter's identification | ||||||
| 15 | card for persons with disabilities or a nursing home | ||||||
| 16 | resident's identification card. Such identification cards | ||||||
| 17 | shall be issued for a period of 5 years, upon the expiration of | ||||||
| 18 | which time the voter may secure a new card by making | ||||||
| 19 | application in the same manner as is prescribed for the | ||||||
| 20 | issuance of an original card, accompanied by a new affidavit | ||||||
| 21 | of the attending physician, advanced practice registered | ||||||
| 22 | nurse, or a physician assistant. The date of expiration of | ||||||
| 23 | such five-year period shall be made known to any interested | ||||||
| 24 | person by the election authority upon the request of such | ||||||
| 25 | person. Applications for the renewal of the identification | ||||||
| 26 | cards shall be mailed to the voters holding such cards not less | ||||||
| |||||||
| |||||||
| 1 | than 3 months prior to the date of expiration of the cards. | ||||||
| 2 | Each voter's identification card for persons with | ||||||
| 3 | disabilities or nursing home resident's identification card | ||||||
| 4 | shall bear an identification number, which shall be clearly | ||||||
| 5 | noted on the voter's original and duplicate registration | ||||||
| 6 | record cards. In the event the holder becomes physically | ||||||
| 7 | capable of resuming normal voting, he must surrender his | ||||||
| 8 | voter's identification card for persons with disabilities or | ||||||
| 9 | nursing home resident's identification card to the county | ||||||
| 10 | clerk or board of election commissioners before the next | ||||||
| 11 | election. | ||||||
| 12 | The holder of a voter's identification card for persons | ||||||
| 13 | with disabilities or a nursing home resident's identification | ||||||
| 14 | card may make application by mail for an official ballot | ||||||
| 15 | within the time prescribed by Section 19-2. Such application | ||||||
| 16 | shall contain the same information as is included in the form | ||||||
| 17 | of application for ballot by a physically incapacitated | ||||||
| 18 | elector prescribed in Section 19-3 except that it shall also | ||||||
| 19 | include the applicant's voter's identification card for | ||||||
| 20 | persons with disabilities card number and except that it need | ||||||
| 21 | not be sworn to. If an examination of the records discloses | ||||||
| 22 | that the applicant is lawfully entitled to vote, he shall be | ||||||
| 23 | mailed a ballot as provided in Section 19-4 and, if | ||||||
| 24 | applicable, as provided in Section 19-4.5. The ballot envelope | ||||||
| 25 | shall be the same as that prescribed in Section 19-5 for voters | ||||||
| 26 | with physical disabilities, and the manner of voting and | ||||||
| |||||||
| |||||||
| 1 | returning the ballot shall be the same as that provided in this | ||||||
| 2 | Article for other vote by mail ballots, except that a | ||||||
| 3 | statement to be subscribed to by the voter but which need not | ||||||
| 4 | be sworn to shall be placed on the ballot envelope in lieu of | ||||||
| 5 | the affidavit prescribed by Section 19-5. | ||||||
| 6 | Any person who knowingly subscribes to a false statement | ||||||
| 7 | in connection with voting under this Section shall be guilty | ||||||
| 8 | of a Class A misdemeanor. | ||||||
| 9 | For the purposes of this Section, "nursing home resident" | ||||||
| 10 | includes a resident of (i) a federally operated veterans' | ||||||
| 11 | home, hospital, or facility located in Illinois or (ii) a | ||||||
| 12 | facility licensed under the ID/DD Community Care Act, the | ||||||
| 13 | MC/DD Act, or the Specialized Mental Health Rehabilitation Act | ||||||
| 14 | of 2013. For the purposes of this Section, "federally operated | ||||||
| 15 | veterans' home, hospital, or facility" means the long-term | ||||||
| 16 | care facilities at the Jesse Brown VA Medical Center, Illiana | ||||||
| 17 | Health Care System, Edward Hines, Jr. VA Hospital, Marion VA | ||||||
| 18 | Medical Center, and Captain James A. Lovell Federal Health | ||||||
| 19 | Care Center. | ||||||
| 20 | (Source: P.A. 99-143, eff. 7-27-15; 99-180, eff. 7-29-15; | ||||||
| 21 | 99-581, eff. 1-1-17; 99-642, eff. 6-28-16; 100-513, eff. | ||||||
| 22 | 1-1-18.)
| ||||||
| 23 | (10 ILCS 5/20-3) (from Ch. 46, par. 20-3) | ||||||
| 24 | Sec. 20-3. The election authority shall furnish the | ||||||
| 25 | following applications for registration by mail or vote by | ||||||
| |||||||
| |||||||
| 1 | mail ballot which shall be considered a method of application | ||||||
| 2 | in lieu of the official postcard. | ||||||
| 3 | 1. Members of the United States Service and citizens of | ||||||
| 4 | the United States temporarily residing outside the territorial | ||||||
| 5 | limits of the United States may make application within the | ||||||
| 6 | periods prescribed in Sections 20-2 or 20-2.1, as the case may | ||||||
| 7 | be. Such application shall be substantially in the following | ||||||
| 8 | form: | ||||||
| 9 | "APPLICATION FOR BALLOT | ||||||
| 10 | To be voted at the ............ election in the precinct | ||||||
| 11 | in which is located my residence at ..............., in the | ||||||
| 12 | city/village/township of ............(insert home address) | ||||||
| 13 | County of ........... and State of Illinois. | ||||||
| 14 | I state that I am a citizen of the United States; that on | ||||||
| 15 | (insert date of election) I shall have resided in the State of | ||||||
| 16 | Illinois and in the election precinct for 30 days; that on the | ||||||
| 17 | above date I shall be the age of 18 years or above; that I am | ||||||
| 18 | lawfully entitled to vote in such precinct at that election; | ||||||
| 19 | that I am (check category 1, 2, or 3 below): | ||||||
| 20 | 1. ( ) a member of the United States Service, | ||||||
| 21 | 2. ( ) a citizen of the United States temporarily | ||||||
| 22 | residing outside the territorial limits of the United States | ||||||
| 23 | and that I expect to be absent from the said county of my | ||||||
| 24 | residence on the date of holding such election, and that I will | ||||||
| 25 | have no opportunity to vote in person on that day. | ||||||
| 26 | I hereby make application for an official ballot or | ||||||
| |||||||
| |||||||
| 1 | ballots to be voted by me at such election if I am absent from | ||||||
| 2 | the said county of my residence, and I agree that I shall | ||||||
| 3 | return said ballot or ballots to the election authority | ||||||
| 4 | postmarked no later than election day, for counting no later | ||||||
| 5 | than during the period for counting provisional ballots, the | ||||||
| 6 | last day of which is the 14th day following election day or | ||||||
| 7 | shall destroy said ballot or ballots. | ||||||
| 8 | (Check below only if category 2 and not previously | ||||||
| 9 | registered) | ||||||
| 10 | ( ) I hereby make application to become registered as a | ||||||
| 11 | voter and agree to return the forms and affidavits for | ||||||
| 12 | registration to the election authority not later than 30 days | ||||||
| 13 | before the election. | ||||||
| 14 | Under penalties as provided by law pursuant to Article 29 | ||||||
| 15 | of the Election Code, the undersigned certifies that the | ||||||
| 16 | statements set forth in this application are true and correct. | ||||||
| 17 | ......................... | ||||||
| 18 | Post office address or service address to which | ||||||
| 19 | registration materials or ballot should be mailed | ||||||
| 20 | ......................... | ||||||
| 21 | ......................... | ||||||
| 22 | ......................... | ||||||
| 23 | ........................" | ||||||
| 24 | If application is made for a primary election ballot, such | ||||||
| 25 | application shall designate the name of the political party | ||||||
| 26 | with which the applicant is affiliated. | ||||||
| |||||||
| |||||||
| 1 | Such applications may be obtained from the election | ||||||
| 2 | authority having jurisdiction over the person's precinct of | ||||||
| 3 | residence. | ||||||
| 4 | 2. A spouse or dependent of a member of the United States | ||||||
| 5 | Service, said spouse or dependent being a registered voter in | ||||||
| 6 | the county, may make application on behalf of said person in | ||||||
| 7 | the office of the election authority within the periods | ||||||
| 8 | prescribed in Section 20-2 which shall be substantially in the | ||||||
| 9 | following form: | ||||||
| 10 | "APPLICATION FOR BALLOT to be voted at the........... election | ||||||
| 11 | in the precinct in which is located the residence of the person | ||||||
| 12 | for whom this application is made at.............(insert | ||||||
| 13 | residence address) in the city/village/township of......... | ||||||
| 14 | County of.......... and State of Illinois. | ||||||
| 15 | I certify that the following named person................ | ||||||
| 16 | (insert name of person) is a member of the United States | ||||||
| 17 | Service. | ||||||
| 18 | I state that said person is a citizen of the United States; | ||||||
| 19 | that on (insert date of election) said person shall have | ||||||
| 20 | resided in the State of Illinois and in the election precinct | ||||||
| 21 | for which this application is made for 30 days; that on the | ||||||
| 22 | above date said person shall be the age of 18 years or above; | ||||||
| 23 | that said person is lawfully entitled to vote in such precinct | ||||||
| 24 | at that election; that said person is a member of the United | ||||||
| 25 | States Service, and that in the course of his duties said | ||||||
| 26 | person expects to be absent from his county of residence on the | ||||||
| |||||||
| |||||||
| 1 | date of holding such election, and that said person will have | ||||||
| 2 | no opportunity to vote in person on that day. | ||||||
| 3 | I hereby make application for an official ballot or | ||||||
| 4 | ballots to be voted by said person at such election and said | ||||||
| 5 | person agrees that he shall return said ballot or ballots to | ||||||
| 6 | the election authority postmarked no later than election day, | ||||||
| 7 | for counting no later than during the period for counting | ||||||
| 8 | provisional ballots, the last day of which is the 14th day | ||||||
| 9 | following election day, or shall destroy said ballot or | ||||||
| 10 | ballots. | ||||||
| 11 | I hereby certify that I am the (mother, father, sister, | ||||||
| 12 | brother, husband or wife) of the said elector, and that I am a | ||||||
| 13 | registered voter in the election precinct for which this | ||||||
| 14 | application is made. (Strike all but one that is applicable.) | ||||||
| 15 | Under penalties as provided by law pursuant to Article 29 | ||||||
| 16 | of The Election Code, the undersigned certifies that the | ||||||
| 17 | statements set forth in this application are true and correct. | ||||||
| 18 | Name of applicant ...................... | ||||||
| 19 | Residence address ........................ | ||||||
| 20 | City/village/township........................ | ||||||
| 21 | Service address to which ballot should be mailed: | ||||||
| 22 | ......................... | ||||||
| 23 | ......................... | ||||||
| 24 | ......................... | ||||||
| 25 | ........................" | ||||||
| 26 | If application is made for a primary election ballot, such | ||||||
| |||||||
| |||||||
| 1 | application shall designate the name of the political party | ||||||
| 2 | with which the person for whom application is made is | ||||||
| 3 | affiliated. | ||||||
| 4 | Such applications may be obtained from the election | ||||||
| 5 | authority having jurisdiction over the voting precinct in | ||||||
| 6 | which the person for whom application is made is entitled to | ||||||
| 7 | vote. | ||||||
| 8 | (Source: P.A. 101-270, eff. 1-1-21; 102-292, eff. 1-1-22.)
| ||||||
| 9 | (10 ILCS 5/20-4) (from Ch. 46, par. 20-4) | ||||||
| 10 | Sec. 20-4. Immediately upon the receipt of the official | ||||||
| 11 | postcard or an application as provided in Section 20-3 within | ||||||
| 12 | the times heretofore prescribed, the election authority shall | ||||||
| 13 | ascertain whether or not such applicant is legally entitled to | ||||||
| 14 | vote as requested, including verification of the applicant's | ||||||
| 15 | signature by comparison with the signature on the official | ||||||
| 16 | registration record card, if any. If the election authority | ||||||
| 17 | ascertains that the applicant is lawfully entitled to vote, it | ||||||
| 18 | shall enter the name, street address, ward and precinct number | ||||||
| 19 | of such applicant on a list to be posted in his or its office | ||||||
| 20 | in a place accessible to the public. Within one day after | ||||||
| 21 | posting the name and other information of an applicant for a | ||||||
| 22 | ballot, the election authority shall transmit that name and | ||||||
| 23 | posted information to the State Board of Elections, which | ||||||
| 24 | shall maintain the names and other information in an | ||||||
| 25 | electronic format on its website, arranged by county and | ||||||
| |||||||
| |||||||
| 1 | accessible to State and local political committees. As soon as | ||||||
| 2 | the official ballot is prepared the election authority shall | ||||||
| 3 | immediately deliver the same to the applicant in person, by | ||||||
| 4 | mail, by facsimile transmission, or by electronic transmission | ||||||
| 5 | as provided in Section 20-4.5, when applicable, and this | ||||||
| 6 | Article. | ||||||
| 7 | If any such election authority receives a second or | ||||||
| 8 | additional application which it believes is from the same | ||||||
| 9 | person, he or it shall submit it to the chief judge of the | ||||||
| 10 | circuit court or any judge of that court designated by the | ||||||
| 11 | chief judge. If the chief judge or his designate determines | ||||||
| 12 | that the application submitted to him is a second or | ||||||
| 13 | additional one, he shall so notify the election authority who | ||||||
| 14 | shall disregard the second or additional application. | ||||||
| 15 | The election authority shall maintain a list for each | ||||||
| 16 | election of the voters to whom it has issued vote by mail | ||||||
| 17 | ballots. The list shall be maintained for each precinct within | ||||||
| 18 | the jurisdiction of the election authority. Prior to the | ||||||
| 19 | opening of the polls on election day, the election authority | ||||||
| 20 | shall deliver to the judges of election in each precinct the | ||||||
| 21 | list of registered voters in that precinct to whom vote by mail | ||||||
| 22 | ballots have been issued. | ||||||
| 23 | Election authorities may transmit by facsimile or other | ||||||
| 24 | electronic means a ballot simultaneously with transmitting an | ||||||
| 25 | application for vote by mail ballot; however, no such ballot | ||||||
| 26 | shall be counted unless an application has been completed by | ||||||
| |||||||
| |||||||
| 1 | the voter and the election authority ascertains that the | ||||||
| 2 | applicant is lawfully entitled to vote as provided in this | ||||||
| 3 | Section. | ||||||
| 4 | (Source: P.A. 98-1171, eff. 6-1-15.)
| ||||||
| 5 | (10 ILCS 5/20-4.5 new) | ||||||
| 6 | Sec. 20-4.5. Primary ballots. | ||||||
| 7 | (a) Notwithstanding any other provision of law, a person | ||||||
| 8 | entitled to vote by absentee ballot in a primary election | ||||||
| 9 | shall not be required to declare his or her political party | ||||||
| 10 | affiliation and shall be provided with a ballot including all | ||||||
| 11 | candidates for offices, regardless of the party affiliation of | ||||||
| 12 | the candidates, for which the absentee voter is entitled to | ||||||
| 13 | vote in that primary election. | ||||||
| 14 | (b) With respect to the marking, casting, and counting of | ||||||
| 15 | primary ballots, absentee voting shall be conducted in | ||||||
| 16 | accordance with Sections 7-43 and 7-44 and any other | ||||||
| 17 | provisions of this Article. | ||||||
| 18 | (c) When voting absentee at a primary, the voter shall be | ||||||
| 19 | instructed to discard or otherwise destroy any ballot that the | ||||||
| 20 | voter does not intend to cast. A discarded or destroyed ballot | ||||||
| 21 | is not the ballot the voter agreed in the absentee ballot | ||||||
| 22 | application to return to the election authority.
| ||||||
| 23 | (10 ILCS 5/20-5) (from Ch. 46, par. 20-5) | ||||||
| 24 | Sec. 20-5. The election authority shall fold the ballot or | ||||||
| |||||||
| |||||||
| 1 | ballots in the manner specified by the statute for folding | ||||||
| 2 | ballots prior to their deposit in the ballot box and shall | ||||||
| 3 | enclose such ballot in an envelope unsealed to be furnished by | ||||||
| 4 | it, which envelope shall bear upon the face thereof the name, | ||||||
| 5 | official title and post office address of the election | ||||||
| 6 | authority, and upon the other side of such envelope there | ||||||
| 7 | shall be printed a certification in substantially the | ||||||
| 8 | following form: | ||||||
| 9 | "CERTIFICATION | ||||||
| 10 | I state that I am a resident/former resident of the | ||||||
| 11 | ....... precinct of the city/village/township of ............, | ||||||
| 12 | (Designation to be made by Election Authority) or of the .... | ||||||
| 13 | ward in the city of ........... (Designation to be made by | ||||||
| 14 | Election Authority) residing at ................ in said | ||||||
| 15 | city/village/township in the county of ........... and State | ||||||
| 16 | of Illinois; that I am a | ||||||
| 17 | 1. ( ) member of the United States Service | ||||||
| 18 | 2. ( ) citizen of the United States temporarily residing | ||||||
| 19 | outside the territorial limits of the United States | ||||||
| 20 | 3. ( ) nonresident civilian citizen | ||||||
| 21 | and desire to cast the enclosed ballot pursuant to Article 20 | ||||||
| 22 | of the Election Code; that I am lawfully entitled to vote in | ||||||
| 23 | such precinct at the ........... election to be held on | ||||||
| 24 | ............ | ||||||
| 25 | I further state that I marked the enclosed ballot in | ||||||
| 26 | secret. | ||||||
| |||||||
| |||||||
| 1 | Under penalties as provided by law pursuant to Article 29 | ||||||
| 2 | of the Election Code, the undersigned certifies that the | ||||||
| 3 | statements set forth in this certification are true and | ||||||
| 4 | correct. | ||||||
| 5 | ...............(Name) | ||||||
| 6 | ..................... | ||||||
| 7 | (Service Address) | ||||||
| 8 | ..................... | ||||||
| 9 | ..................... | ||||||
| 10 | ....................." | ||||||
| 11 | If the ballot enclosed is to be voted at a primary | ||||||
| 12 | election, the certification shall designate the name of the | ||||||
| 13 | political party with which the voter is affiliated. | ||||||
| 14 | In addition to the above, the election authority shall | ||||||
| 15 | provide printed slips giving full instructions regarding the | ||||||
| 16 | manner of completing the forms and affidavits for registration | ||||||
| 17 | by mail or the manner of marking and returning the ballot in | ||||||
| 18 | order that the same may be counted, and shall furnish one of | ||||||
| 19 | the printed slips to each of the applicants at the same time | ||||||
| 20 | the registration materials or ballot is delivered to him. | ||||||
| 21 | In addition to the above, if a ballot to be provided to an | ||||||
| 22 | elector pursuant to this Section contains a public question | ||||||
| 23 | described in subsection (b) of Section 28-6 and the territory | ||||||
| 24 | concerning which the question is to be submitted is not | ||||||
| 25 | described on the ballot due to the space limitations of such | ||||||
| 26 | ballot, the election authority shall provide a printed copy of | ||||||
| |||||||
| |||||||
| 1 | a notice of the public question, which shall include a | ||||||
| 2 | description of the territory in the manner required by Section | ||||||
| 3 | 16-7. The notice shall be furnished to the elector at the same | ||||||
| 4 | time the ballot is delivered to the elector. | ||||||
| 5 | The envelope in which such registration or such ballot is | ||||||
| 6 | mailed to the voter as well as the envelope in which the | ||||||
| 7 | registration materials or the ballot is returned by the voter | ||||||
| 8 | shall have printed across the face thereof two parallel | ||||||
| 9 | horizontal red bars, each one-quarter inch wide, extending | ||||||
| 10 | from one side of the envelope to the other side, with an | ||||||
| 11 | intervening space of one-quarter inch, the top bar to be one | ||||||
| 12 | and one-quarter inches from the top of the envelope, and with | ||||||
| 13 | the words "Official Election Balloting Material-VIA AIR MAIL" | ||||||
| 14 | between the bars. In the upper right corner of such envelope in | ||||||
| 15 | a box, there shall be printed the words: "U.S. Postage Paid 42 | ||||||
| 16 | USC 1973". All printing on the face of such envelopes shall be | ||||||
| 17 | in red, including an appropriate inscription or blank in the | ||||||
| 18 | upper left corner of return address of sender. | ||||||
| 19 | The envelope in which the ballot is returned to the | ||||||
| 20 | election authority may be delivered (i) by mail, postage paid, | ||||||
| 21 | (ii) in person, by the spouse, parent, child, brother, or | ||||||
| 22 | sister of the voter, or (iii) by a company engaged in the | ||||||
| 23 | business of making deliveries of property and licensed as a | ||||||
| 24 | motor carrier of property by the Illinois Commerce Commission | ||||||
| 25 | under the Illinois Commercial Transportation Law. | ||||||
| 26 | Election authorities transmitting ballots by facsimile or | ||||||
| |||||||
| |||||||
| 1 | electronic transmission shall, to the extent possible, provide | ||||||
| 2 | those applicants with the same instructions, certification, | ||||||
| 3 | and other materials required when sending by mail. | ||||||
| 4 | (Source: P.A. 100-201, eff. 8-18-17.)
| ||||||
| 5 | (10 ILCS 5/20-8) (from Ch. 46, par. 20-8) | ||||||
| 6 | Sec. 20-8. Time and place of counting ballots. | ||||||
| 7 | (a) (Blank.) | ||||||
| 8 | (b) Each vote by mail voter's ballot returned to an | ||||||
| 9 | election authority, by any means authorized by this Article, | ||||||
| 10 | and received by that election authority may be processed by | ||||||
| 11 | the election authority beginning on the day it is received by | ||||||
| 12 | the election authority in the central ballot counting location | ||||||
| 13 | of the election authority, but the results of the processing | ||||||
| 14 | may not be counted until the day of the election after 7:00 | ||||||
| 15 | p.m., except as provided in subsections (g) and (g-5). | ||||||
| 16 | (c) Each vote by mail voter's ballot that is mailed to an | ||||||
| 17 | election authority and postmarked no later than election day, | ||||||
| 18 | but that is received by the election authority after the polls | ||||||
| 19 | close on election day and before the close of the period for | ||||||
| 20 | counting provisional ballots cast at that election, shall be | ||||||
| 21 | endorsed by the receiving authority with the day and hour of | ||||||
| 22 | receipt and shall be counted at the central ballot counting | ||||||
| 23 | location of the election authority during the period for | ||||||
| 24 | counting provisional ballots. | ||||||
| 25 | Each vote by mail voter's ballot that is mailed to an | ||||||
| |||||||
| |||||||
| 1 | election authority absent a postmark or a barcode usable with | ||||||
| 2 | an intelligent mail barcode tracking system, but that is | ||||||
| 3 | received by the election authority after the polls close on | ||||||
| 4 | election day and before the close of the period for counting | ||||||
| 5 | provisional ballots cast at that election, shall be endorsed | ||||||
| 6 | by the receiving authority with the day and hour of receipt, | ||||||
| 7 | opened to inspect the date inserted on the certification, and, | ||||||
| 8 | if the certification date is election day or earlier and the | ||||||
| 9 | ballot is otherwise found to be valid under the requirements | ||||||
| 10 | of this Section, counted at the central ballot counting | ||||||
| 11 | location of the election authority during the period for | ||||||
| 12 | counting provisional ballots. Absent a date on the | ||||||
| 13 | certification, the ballot shall not be counted. | ||||||
| 14 | If an election authority is using an intelligent mail | ||||||
| 15 | barcode tracking system, a ballot that is mailed to an | ||||||
| 16 | election authority absent a postmark may be counted if the | ||||||
| 17 | intelligent mail barcode tracking system verifies the envelope | ||||||
| 18 | was mailed no later than election day. | ||||||
| 19 | (d) Special write-in vote by mail voter's blank ballots | ||||||
| 20 | returned to an election authority, by any means authorized by | ||||||
| 21 | this Article, and received by the election authority at any | ||||||
| 22 | time before the closing of the polls on election day shall be | ||||||
| 23 | endorsed by the receiving election authority with the day and | ||||||
| 24 | hour of receipt and shall be counted at the central ballot | ||||||
| 25 | counting location of the election authority during the same | ||||||
| 26 | period provided for counting vote by mail voters' ballots | ||||||
| |||||||
| |||||||
| 1 | under subsections (b), (g), and (g-5). Special write-in vote | ||||||
| 2 | by mail voter's blank ballot that are mailed to an election | ||||||
| 3 | authority and postmarked no later than election day, but that | ||||||
| 4 | are received by the election authority after the polls close | ||||||
| 5 | on election day and before the closing of the period for | ||||||
| 6 | counting provisional ballots cast at that election, shall be | ||||||
| 7 | endorsed by the receiving authority with the day and hour of | ||||||
| 8 | receipt and shall be counted at the central ballot counting | ||||||
| 9 | location of the election authority during the same periods | ||||||
| 10 | provided for counting vote by mail voters' ballots under | ||||||
| 11 | subsection (c). | ||||||
| 12 | (e) Except as otherwise provided in this Section, vote by | ||||||
| 13 | mail voters' ballots and special write-in vote by mail voter's | ||||||
| 14 | blank ballots received by the election authority after the | ||||||
| 15 | closing of the polls on the day of election shall be endorsed | ||||||
| 16 | by the person receiving the ballots with the day and hour of | ||||||
| 17 | receipt and shall be safely kept unopened by the election | ||||||
| 18 | authority for the period of time required for the preservation | ||||||
| 19 | of ballots used at the election, and shall then, without being | ||||||
| 20 | opened, be destroyed in like manner as the used ballots of that | ||||||
| 21 | election. | ||||||
| 22 | (f) Counting required under this Section to begin on | ||||||
| 23 | election day after the closing of the polls shall commence no | ||||||
| 24 | later than 8:00 p.m. and shall be conducted by a panel or | ||||||
| 25 | panels of election judges appointed in the manner provided by | ||||||
| 26 | law. The counting shall continue until all vote by mail | ||||||
| |||||||
| |||||||
| 1 | voters' ballots and special write-in vote by mail voter's | ||||||
| 2 | blank ballots required to be counted on election day have been | ||||||
| 3 | counted. | ||||||
| 4 | (g) The procedures set forth in Articles 17 and 18 and, | ||||||
| 5 | with respect to primary elections, the procedures set forth in | ||||||
| 6 | Section 20-4.5, of this Code shall apply to all ballots | ||||||
| 7 | counted under this Section. In addition, within 2 days after a | ||||||
| 8 | ballot subject to this Article is received, but in all cases | ||||||
| 9 | before the close of the period for counting provisional | ||||||
| 10 | ballots, the election judge or official shall compare the | ||||||
| 11 | voter's signature on the certification envelope of that ballot | ||||||
| 12 | with the signature of the voter on file in the office of the | ||||||
| 13 | election authority. If the election judge or official | ||||||
| 14 | determines that the 2 signatures match, and that the voter is | ||||||
| 15 | otherwise qualified to cast a ballot under this Article, the | ||||||
| 16 | election authority shall cast and count the ballot on election | ||||||
| 17 | day or the day the ballot is determined to be valid, whichever | ||||||
| 18 | is later, adding the results to the precinct in which the voter | ||||||
| 19 | is registered. If the election judge or official determines | ||||||
| 20 | that the signatures do not match, or that the voter is not | ||||||
| 21 | qualified to cast a ballot under this Article, then without | ||||||
| 22 | opening the certification envelope, the judge or official | ||||||
| 23 | shall mark across the face of the certification envelope the | ||||||
| 24 | word "Rejected" and shall not cast or count the ballot. | ||||||
| 25 | In addition to the voter's signatures not matching, a | ||||||
| 26 | ballot subject to this Article may be rejected by the election | ||||||
| |||||||
| |||||||
| 1 | judge or official: | ||||||
| 2 | (1) if the ballot envelope is open or has been opened | ||||||
| 3 | and resealed; | ||||||
| 4 | (2) if the voter has already cast an early or grace | ||||||
| 5 | period ballot; | ||||||
| 6 | (3) if the voter voted in person on election day or the | ||||||
| 7 | voter is not a duly registered voter in the precinct; or | ||||||
| 8 | (4) on any other basis set forth in this Code. | ||||||
| 9 | If the election judge or official determines that any of | ||||||
| 10 | these reasons apply, the judge or official shall mark across | ||||||
| 11 | the face of the certification envelope the word "Rejected" and | ||||||
| 12 | shall not cast or count the ballot. | ||||||
| 13 | (g-5) If a ballot subject to this Article is rejected by | ||||||
| 14 | the election judge or official for any reason, the election | ||||||
| 15 | authority shall, within 2 days after the rejection but in all | ||||||
| 16 | cases before the close of the period for counting provisional | ||||||
| 17 | ballots, notify the voter that his or her ballot was rejected. | ||||||
| 18 | The notice shall inform the voter of the reason or reasons the | ||||||
| 19 | ballot was rejected and shall state that the voter may appear | ||||||
| 20 | before the election authority, on or before the 14th day after | ||||||
| 21 | the election, to show cause as to why the ballot should not be | ||||||
| 22 | rejected. The voter may present evidence to the election | ||||||
| 23 | authority supporting his or her contention that the ballot | ||||||
| 24 | should be counted. The election authority shall appoint a | ||||||
| 25 | panel of 3 election judges to review the contested ballot, | ||||||
| 26 | application, and certification envelope, as well as any | ||||||
| |||||||
| |||||||
| 1 | evidence submitted by the vote by mail voter. No more than 2 | ||||||
| 2 | election judges on the reviewing panel shall be of the same | ||||||
| 3 | political party. The reviewing panel of election judges shall | ||||||
| 4 | make a final determination as to the validity of the contested | ||||||
| 5 | ballot. The judges' determination shall not be reviewable | ||||||
| 6 | either administratively or judicially. | ||||||
| 7 | A ballot subject to this subsection that is determined to | ||||||
| 8 | be valid shall be counted before the close of the period for | ||||||
| 9 | counting provisional ballots. | ||||||
| 10 | (g-10) All ballots determined to be valid shall be added | ||||||
| 11 | to the vote totals for the precincts for which they were cast | ||||||
| 12 | in the order in which the ballots were opened. | ||||||
| 13 | (h) Each political party, candidate, and qualified civic | ||||||
| 14 | organization shall be entitled to have present one pollwatcher | ||||||
| 15 | for each panel of election judges therein assigned. | ||||||
| 16 | (Source: P.A. 98-1171, eff. 6-1-15; 99-522, eff. 6-30-16.)
| ||||||
| 17 | (10 ILCS 5/24A-5) (from Ch. 46, par. 24A-5) | ||||||
| 18 | Sec. 24A-5. In precincts where an electronic voting system | ||||||
| 19 | is used, a sufficient number of voting booths shall be | ||||||
| 20 | provided for the use of such systems according to the | ||||||
| 21 | requirements determined by the State Board of Elections, and | ||||||
| 22 | the booths shall be arranged in the same manner as provided for | ||||||
| 23 | use with paper ballots. Each such booth shall be placed so that | ||||||
| 24 | the entrance to each booth faces a wall in such a manner that | ||||||
| 25 | no judge of election or pollwatcher is able to observe a voter | ||||||
| |||||||
| |||||||
| 1 | casting a ballot. | ||||||
| 2 | Whenever at a primary election at which an electronic | ||||||
| 3 | voting system is used there is also an election for officers or | ||||||
| 4 | on propositions in which qualified voters have the right to | ||||||
| 5 | vote without participating in the primary of any party, a | ||||||
| 6 | separate voting booth may be provided for those voters who do | ||||||
| 7 | not wish to participate in the primary of any party. Such | ||||||
| 8 | determination shall be made by resolution of the county board, | ||||||
| 9 | municipal board of election commissioners or county board of | ||||||
| 10 | election commissioners, whichever is applicable. Unless paper | ||||||
| 11 | ballots are used for such other election, such separate voting | ||||||
| 12 | booth shall contain a ballot label booklet containing only | ||||||
| 13 | those officers and propositions on which such voters are | ||||||
| 14 | entitled to vote. | ||||||
| 15 | (Source: P.A. 84-659.)
| ||||||
| 16 | (10 ILCS 5/24A-6) (from Ch. 46, par. 24A-6) | ||||||
| 17 | Sec. 24A-6. The ballot information, whether placed on the | ||||||
| 18 | ballot or on the marking device, shall, as far as practicable, | ||||||
| 19 | be in the order of arrangement provided for paper ballots, | ||||||
| 20 | except that such information may be in vertical or horizontal | ||||||
| 21 | rows, or in a number of separate pages. Ballots for all | ||||||
| 22 | questions or propositions to be voted on must be provided in | ||||||
| 23 | the same manner and must be arranged on or in the marking | ||||||
| 24 | device or on the ballot sheet in the places provided for such | ||||||
| 25 | purposes. | ||||||
| |||||||
| |||||||
| 1 | When an electronic voting system utilizes a ballot label | ||||||
| 2 | booklet and ballot card, ballots for candidates, ballots | ||||||
| 3 | calling for a constitutional convention, constitutional | ||||||
| 4 | amendment ballots, judicial retention ballots, public | ||||||
| 5 | measures, and all propositions to be voted upon may be placed | ||||||
| 6 | on the electronic voting device by providing in the ballot | ||||||
| 7 | booklet separate ballot label pages or series of pages | ||||||
| 8 | distinguished by differing colors as provided below. When an | ||||||
| 9 | electronic voting system utilizes a ballot sheet, ballots | ||||||
| 10 | calling for a constitutional convention, constitutional | ||||||
| 11 | amendment ballots and judicial retention ballots shall be | ||||||
| 12 | placed on the ballot sheet by providing a separate portion of | ||||||
| 13 | the ballot sheet for each such kind of ballot which shall be | ||||||
| 14 | printed in ink of a color distinct from the color of ink used | ||||||
| 15 | in printing any other portion of the ballot sheet. Ballots for | ||||||
| 16 | candidates, public measures and all other propositions to be | ||||||
| 17 | voted upon shall be placed on the ballot sheet by providing a | ||||||
| 18 | separate portion of the ballot sheet for each such kind of | ||||||
| 19 | ballot. Whenever a person has submitted a declaration of | ||||||
| 20 | intent to be a write-in candidate as required in Sections | ||||||
| 21 | 17-16.1 and 18-9.1, a line on which the name of a candidate may | ||||||
| 22 | be written by the voter shall be printed below the name of the | ||||||
| 23 | last candidate nominated for such office, and immediately to | ||||||
| 24 | the left of such line an area shall be provided for marking a | ||||||
| 25 | vote for such write-in candidate. The number of write-in lines | ||||||
| 26 | for an office shall equal the number of persons who have filed | ||||||
| |||||||
| |||||||
| 1 | declarations of intent to be write-in candidates plus an | ||||||
| 2 | additional line or lines for write-in candidates who qualify | ||||||
| 3 | to file declarations to be write-in candidates under Sections | ||||||
| 4 | 17-16.1 and 18-9.1 when the certification of ballot contains | ||||||
| 5 | the words "OBJECTION PENDING" next to the name of the | ||||||
| 6 | candidate, up to the number of candidates for which a voter may | ||||||
| 7 | vote. More than one amendment to the constitution may be | ||||||
| 8 | placed on the same ballot page or series of pages or on the | ||||||
| 9 | same portion of the ballot sheet, as the case may be. Ballot | ||||||
| 10 | label pages for constitutional conventions or constitutional | ||||||
| 11 | amendments shall be on paper of blue color and shall precede | ||||||
| 12 | all other ballot label pages in the ballot label booklet. More | ||||||
| 13 | than one public measure or proposition may be placed on the | ||||||
| 14 | same ballot label page or series of pages or on the same | ||||||
| 15 | portion of the ballot sheet, as the case may be. More than one | ||||||
| 16 | proposition for retention of judges in office may be placed on | ||||||
| 17 | the same ballot label page or series of pages or on the same | ||||||
| 18 | portion of the ballot sheet, as the case may be. Ballot label | ||||||
| 19 | pages for candidates shall be on paper of white color, except | ||||||
| 20 | that in primary elections the ballot label page or pages for | ||||||
| 21 | the candidates of each respective political party shall be of | ||||||
| 22 | the color designated by the election official in charge of the | ||||||
| 23 | election for that political party's candidates; provided that | ||||||
| 24 | the ballot label pages or pages for candidates for use at the | ||||||
| 25 | nonpartisan and consolidated elections may be on paper of | ||||||
| 26 | different colors, except blue, whenever necessary or desirable | ||||||
| |||||||
| |||||||
| 1 | to facilitate distinguishing between the pages for different | ||||||
| 2 | political subdivisions. On each page of the candidate booklet, | ||||||
| 3 | where the election is made to list ballot information | ||||||
| 4 | vertically, the party affiliation of each candidate or the | ||||||
| 5 | word "independent" shall appear immediately to the left of the | ||||||
| 6 | candidate's name, and the name of candidates for the same | ||||||
| 7 | office shall be listed vertically under the title of that | ||||||
| 8 | office. If no candidate or candidates file for an office and if | ||||||
| 9 | no person or persons file a declaration as a write-in | ||||||
| 10 | candidate for that office, then below the title of that office | ||||||
| 11 | the election authority instead shall print "No Candidate". In | ||||||
| 12 | the case of nonpartisan elections for officers of political | ||||||
| 13 | subdivisions, unless the statute or an ordinance adopted | ||||||
| 14 | pursuant to Article VII of the Constitution requires | ||||||
| 15 | otherwise, the listing of such nonpartisan candidates shall | ||||||
| 16 | not include any party or "independent" designation. Ballot | ||||||
| 17 | label pages for judicial retention ballots shall be on paper | ||||||
| 18 | of green color, and ballot label pages for all public measures | ||||||
| 19 | and other propositions shall be on paper of some other | ||||||
| 20 | distinct and different color. In primary elections, a separate | ||||||
| 21 | ballot label booklet, marking device and voting booth shall be | ||||||
| 22 | used for each political party holding a primary, with the | ||||||
| 23 | ballot label booklet arranged to include ballot label pages of | ||||||
| 24 | the candidates of the party and public measures and other | ||||||
| 25 | propositions to be voted upon on the day of the primary | ||||||
| 26 | election. One ballot card may be used for recording the | ||||||
| |||||||
| |||||||
| 1 | voter's vote or choice on all such ballots, proposals, public | ||||||
| 2 | measures or propositions, and such ballot card shall be | ||||||
| 3 | arranged so as to record the voter's vote or choice in a | ||||||
| 4 | separate column or columns for each such kind of ballot, | ||||||
| 5 | proposal, public measure or proposition. | ||||||
| 6 | If the ballot label booklet includes both candidates for | ||||||
| 7 | office and public measures or propositions to be voted on, the | ||||||
| 8 | election official in charge of the election shall divide the | ||||||
| 9 | pages by protruding tabs identifying the division of the | ||||||
| 10 | pages, and printing on such tabs "Candidates" and | ||||||
| 11 | "Propositions". | ||||||
| 12 | The ballot card and all of its columns and the ballot card | ||||||
| 13 | envelope shall be of the color prescribed for candidate's | ||||||
| 14 | ballots at the general or primary election, whichever is being | ||||||
| 15 | held. At an election where no candidates are being nominated | ||||||
| 16 | or elected, the ballot card, its columns, and the ballot card | ||||||
| 17 | envelope shall be of a color designated by the election | ||||||
| 18 | official in charge of the election. | ||||||
| 19 | The ballot cards, ballot card envelopes and ballot sheets | ||||||
| 20 | may, at the discretion of the election authority, be printed | ||||||
| 21 | on white paper and then striped with the appropriate colors. | ||||||
| 22 | When ballot sheets are used, the various portions thereof | ||||||
| 23 | shall be arranged to conform to the foregoing format. | ||||||
| 24 | Vote by mail ballots may consist of ballot cards, | ||||||
| 25 | envelopes, paper ballots, or ballot sheets. Where a ballot | ||||||
| 26 | card is used for voting by mail it must be accompanied by a | ||||||
| |||||||
| |||||||
| 1 | punching tool or other appropriate marking device, voter | ||||||
| 2 | instructions and a specimen ballot showing the proper | ||||||
| 3 | positions to vote on the ballot card or ballot sheet for each | ||||||
| 4 | party, candidate, proposal, public measure or proposition, and | ||||||
| 5 | in the case of a ballot card must be mounted on a suitable | ||||||
| 6 | material to receive the punched out chip. | ||||||
| 7 | Any voter who spoils his ballot or makes an error may | ||||||
| 8 | return the ballot to the judges of election and secure | ||||||
| 9 | another. However, the protruding identifying tab for proposals | ||||||
| 10 | for a constitutional convention or constitutional amendments | ||||||
| 11 | shall have printed thereon "Constitutional Ballot", and the | ||||||
| 12 | ballot label page or pages for such proposals shall precede | ||||||
| 13 | the ballot label pages for candidates in the ballot label | ||||||
| 14 | booklet. | ||||||
| 15 | (Source: P.A. 98-1171, eff. 6-1-15.)
| ||||||
| 16 | (10 ILCS 5/24B-6) | ||||||
| 17 | Sec. 24B-6. Ballot Information; Arrangement; Electronic | ||||||
| 18 | Precinct Tabulation Optical Scan Technology Voting System; | ||||||
| 19 | Vote by Mail Ballots; Spoiled Ballots. The ballot | ||||||
| 20 | information, shall, as far as practicable, be in the order of | ||||||
| 21 | arrangement provided for paper ballots, except that the | ||||||
| 22 | information may be in vertical or horizontal rows, or on a | ||||||
| 23 | number of separate pages or displays on the marking device. | ||||||
| 24 | Ballots for all questions or propositions to be voted on | ||||||
| 25 | should be provided in a similar manner and must be arranged on | ||||||
| |||||||
| |||||||
| 1 | the ballot sheet or marking device in the places provided for | ||||||
| 2 | such purposes. Ballots shall be of white paper unless provided | ||||||
| 3 | otherwise by administrative rule of the State Board of | ||||||
| 4 | Elections or otherwise specified. | ||||||
| 5 | All propositions, including but not limited to | ||||||
| 6 | propositions calling for a constitutional convention, | ||||||
| 7 | constitutional amendment, judicial retention, and public | ||||||
| 8 | measures to be voted upon shall be placed on separate portions | ||||||
| 9 | of the ballot sheet or marking device by utilizing borders or | ||||||
| 10 | grey screens. Candidates shall be listed on a separate portion | ||||||
| 11 | of the ballot sheet or marking device by utilizing borders or | ||||||
| 12 | grey screens. Whenever a person has submitted a declaration of | ||||||
| 13 | intent to be a write-in candidate as required in Sections | ||||||
| 14 | 17-16.1 and 18-9.1, a line or lines on which the voter may | ||||||
| 15 | select a write-in candidate shall be printed below the name of | ||||||
| 16 | the last candidate nominated for such office. Such line or | ||||||
| 17 | lines shall be proximate to an area provided for marking votes | ||||||
| 18 | for the write-in candidate or candidates. The number of | ||||||
| 19 | write-in lines for an office shall equal the number of persons | ||||||
| 20 | who have filed declarations of intent to be write-in | ||||||
| 21 | candidates plus an additional line or lines for write-in | ||||||
| 22 | candidates who qualify to file declarations to be write-in | ||||||
| 23 | candidates under Sections 17-16.1 and 18-9.1 when the | ||||||
| 24 | certification of ballot contains the words "OBJECTION PENDING" | ||||||
| 25 | next to the name of that candidate, up to the number of | ||||||
| 26 | candidates for which a voter may vote. In the case of write-in | ||||||
| |||||||
| |||||||
| 1 | lines for the offices of Governor and Lieutenant Governor, 2 | ||||||
| 2 | lines shall be printed within a bracket and a single square | ||||||
| 3 | shall be printed in front of the bracket. More than one | ||||||
| 4 | amendment to the constitution may be placed on the same | ||||||
| 5 | portion of the ballot sheet or marking device. Constitutional | ||||||
| 6 | convention or constitutional amendment propositions shall be | ||||||
| 7 | printed or displayed on a separate portion of the ballot sheet | ||||||
| 8 | or marking device and designated by borders or grey screens, | ||||||
| 9 | unless otherwise provided by administrative rule of the State | ||||||
| 10 | Board of Elections. More than one public measure or | ||||||
| 11 | proposition may be placed on the same portion of the ballot | ||||||
| 12 | sheet or marking device. More than one proposition for | ||||||
| 13 | retention of judges in office may be placed on the same portion | ||||||
| 14 | of the ballot sheet or marking device. Names of candidates | ||||||
| 15 | shall be printed in black. The party affiliation of each | ||||||
| 16 | candidate or the word "independent" shall appear near or under | ||||||
| 17 | the candidate's name, and the names of candidates for the same | ||||||
| 18 | office shall be listed vertically under the title of that | ||||||
| 19 | office, on separate pages of the marking device, or as | ||||||
| 20 | otherwise approved by the State Board of Elections. If no | ||||||
| 21 | candidate or candidates file for an office and if no person or | ||||||
| 22 | persons file a declaration as a write-in candidate for that | ||||||
| 23 | office, then below the title of that office the election | ||||||
| 24 | authority instead shall print "No Candidate". In the case of | ||||||
| 25 | nonpartisan elections for officers of political subdivisions, | ||||||
| 26 | unless the statute or an ordinance adopted pursuant to Article | ||||||
| |||||||
| |||||||
| 1 | VII of the Constitution requires otherwise, the listing of | ||||||
| 2 | nonpartisan candidates shall not include any party or | ||||||
| 3 | "independent" designation. Judicial retention questions and | ||||||
| 4 | ballot questions for all public measures and other | ||||||
| 5 | propositions shall be designated by borders or grey screens on | ||||||
| 6 | the ballot or marking device. In primary elections, a separate | ||||||
| 7 | ballot, or displays on the marking device, shall be used for | ||||||
| 8 | each political party holding a primary, with the ballot or | ||||||
| 9 | marking device arranged to include names of the candidates of | ||||||
| 10 | the party and public measures and other propositions to be | ||||||
| 11 | voted upon on the day of the primary election. | ||||||
| 12 | If the ballot includes both candidates for office and | ||||||
| 13 | public measures or propositions to be voted on, the election | ||||||
| 14 | official in charge of the election shall divide the ballot or | ||||||
| 15 | displays on the marking device in sections for "Candidates" | ||||||
| 16 | and "Propositions", or separate ballots may be used. | ||||||
| 17 | Vote by Mail ballots may consist of envelopes, paper | ||||||
| 18 | ballots, or ballot sheets. Where a Precinct Tabulation Optical | ||||||
| 19 | Scan Technology ballot is used for voting by mail it must be | ||||||
| 20 | accompanied by voter instructions. | ||||||
| 21 | Any voter who spoils his or her ballot, makes an error, or | ||||||
| 22 | has a ballot returned by the automatic tabulating equipment | ||||||
| 23 | may return the ballot to the judges of election and get another | ||||||
| 24 | ballot. | ||||||
| 25 | (Source: P.A. 98-1171, eff. 6-1-15.)
| ||||||
| |||||||
| |||||||
| 1 | (10 ILCS 5/24C-6) | ||||||
| 2 | Sec. 24C-6. Ballot Information; Arrangement; Direct | ||||||
| 3 | Recording Electronic Voting System; Vote by Mail Ballots; | ||||||
| 4 | Spoiled Ballots. The ballot information, shall, as far as | ||||||
| 5 | practicable, be in the order of arrangement provided for paper | ||||||
| 6 | ballots, except that the information may be in vertical or | ||||||
| 7 | horizontal rows, or on a number of separate pages or display | ||||||
| 8 | screens. | ||||||
| 9 | Ballots for all public questions to be voted on should be | ||||||
| 10 | provided in a similar manner and must be arranged on the ballot | ||||||
| 11 | in the places provided for such purposes. All public | ||||||
| 12 | questions, including but not limited to public questions | ||||||
| 13 | calling for a constitutional convention, constitutional | ||||||
| 14 | amendment, or judicial retention, shall be placed on the | ||||||
| 15 | ballot separate and apart from candidates. Ballots for all | ||||||
| 16 | public questions shall be clearly designated by borders or | ||||||
| 17 | different color screens. More than one amendment to the | ||||||
| 18 | constitution may be placed on the same portion of the ballot | ||||||
| 19 | sheet. Constitutional convention or constitutional amendment | ||||||
| 20 | propositions shall be placed on a separate portion of the | ||||||
| 21 | ballot and designated by borders or unique color screens, | ||||||
| 22 | unless otherwise provided by administrative rule of the State | ||||||
| 23 | Board of Elections. More than one public question may be | ||||||
| 24 | placed on the same portion of the ballot. More than one | ||||||
| 25 | proposition for retention of judges in office may be placed on | ||||||
| 26 | the same portion of the ballot. | ||||||
| |||||||
| |||||||
| 1 | The party affiliation, if any, of each candidate or the | ||||||
| 2 | word "independent", where applicable, shall appear near or | ||||||
| 3 | under the candidate's name, and the names of candidates for | ||||||
| 4 | the same office shall be listed vertically under the title of | ||||||
| 5 | that office. In the case of nonpartisan elections for officers | ||||||
| 6 | of political subdivisions, unless the statute or an ordinance | ||||||
| 7 | adopted pursuant to Article VII of the Constitution requires | ||||||
| 8 | otherwise, the listing of nonpartisan candidates shall not | ||||||
| 9 | include any party or "independent" designation. If no | ||||||
| 10 | candidate or candidates file for an office and if no person or | ||||||
| 11 | persons file a declaration as a write-in candidate for that | ||||||
| 12 | office, then below the title of that office the election | ||||||
| 13 | authority shall print "No Candidate". In primary elections, a | ||||||
| 14 | separate ballot shall be used for each political party holding | ||||||
| 15 | a primary, with the ballot arranged to include names of the | ||||||
| 16 | candidates of the party and public questions and other | ||||||
| 17 | propositions to be voted upon on the day of the primary | ||||||
| 18 | election. | ||||||
| 19 | If the ballot includes both candidates for office and | ||||||
| 20 | public questions or propositions to be voted on, the election | ||||||
| 21 | official in charge of the election shall divide the ballot in | ||||||
| 22 | sections for "Candidates" and "Public Questions", or separate | ||||||
| 23 | ballots may be used. | ||||||
| 24 | Any voter who spoils his or her ballot, makes an error, or | ||||||
| 25 | has a ballot rejected by the automatic tabulating equipment | ||||||
| 26 | shall be provided a means of correcting the ballot or | ||||||
| |||||||
| |||||||
| 1 | obtaining a new ballot prior to casting his or her ballot. | ||||||
| 2 | Any election authority using a Direct Recording Electronic | ||||||
| 3 | Voting System may use voting systems approved for use under | ||||||
| 4 | Articles 24A or 24B of this Code in conducting vote by mail or | ||||||
| 5 | early voting. | ||||||
| 6 | (Source: P.A. 98-1171, eff. 6-1-15.)
| ||||||
| 7 | (10 ILCS 5/24C-11) | ||||||
| 8 | Sec. 24C-11. Functional requirements. A Direct Recording | ||||||
| 9 | Electronic Voting System shall, in addition to satisfying the | ||||||
| 10 | other requirements of this Article, fulfill the following | ||||||
| 11 | functional requirements: | ||||||
| 12 | (a) Provide a voter in a primary election with the means of | ||||||
| 13 | casting a ballot containing votes for any and all candidates | ||||||
| 14 | of the party or parties of his or her choice, and for any and | ||||||
| 15 | all non-partisan candidates and public questions and preclude | ||||||
| 16 | the voter from voting for any candidate of any other political | ||||||
| 17 | party except when legally permitted. In a general election, | ||||||
| 18 | the system shall provide the voter with means of selecting the | ||||||
| 19 | appropriate number of candidates for any office, and of voting | ||||||
| 20 | on any public question on the ballot to which he or she is | ||||||
| 21 | entitled to vote. | ||||||
| 22 | (b) If a voter is not entitled to vote for particular | ||||||
| 23 | candidates or public questions appearing on the ballot, the | ||||||
| 24 | system shall prevent the selection of the prohibited votes. | ||||||
| 25 | (c) Once the proper ballot has been selected, the system | ||||||
| |||||||
| |||||||
| 1 | devices shall provide a means of enabling the recording of | ||||||
| 2 | votes and the casting of said ballot. | ||||||
| 3 | (d) System voting devices shall provide voting choices | ||||||
| 4 | that are clear to the voter and labels indicating the names of | ||||||
| 5 | every candidate and the text of every public question on the | ||||||
| 6 | voter's ballot. Each label shall identify the selection button | ||||||
| 7 | or switch, or the active area of the ballot associated with it. | ||||||
| 8 | The system shall be able to incorporate minimal, | ||||||
| 9 | easy-to-follow on-screen instruction for the voter on how to | ||||||
| 10 | cast a ballot. | ||||||
| 11 | (e) Voting devices shall (i) enable the voter to vote for | ||||||
| 12 | any and all candidates and public questions appearing on the | ||||||
| 13 | ballot for which the voter is lawfully entitled to vote, in any | ||||||
| 14 | legal number and combination; (ii) detect and reject all votes | ||||||
| 15 | for an office or upon a public question when the voter has cast | ||||||
| 16 | more votes for the office or upon the public question than the | ||||||
| 17 | voter is entitled to cast; (iii) notify the voter if the | ||||||
| 18 | voter's choices as recorded on the ballot for an office or | ||||||
| 19 | public question are fewer than or exceed the number that the | ||||||
| 20 | voter is entitled to vote for on that office or public question | ||||||
| 21 | and the effect of casting more or fewer votes than legally | ||||||
| 22 | permitted; (iv) notify the voter if the voter has failed to | ||||||
| 23 | completely cast a vote for an office or public question | ||||||
| 24 | appearing on the ballot; and (v) permit the voter, in a private | ||||||
| 25 | and independent manner, to verify the votes selected by the | ||||||
| 26 | voter, to change the ballot or to correct any error on the | ||||||
| |||||||
| |||||||
| 1 | ballot before the ballot is completely cast and counted. A | ||||||
| 2 | means shall be provided to indicate each selection after it | ||||||
| 3 | has been made or canceled. | ||||||
| 4 | (f) System voting devices shall provide a means for the | ||||||
| 5 | voter to signify that the selection of candidates and public | ||||||
| 6 | questions has been completed. Upon activation, the system | ||||||
| 7 | shall record an image of the completed ballot, increment the | ||||||
| 8 | proper ballot position registers, and shall signify to the | ||||||
| 9 | voter that the ballot has been cast. The system shall then | ||||||
| 10 | prevent any further attempt to vote until it has been reset or | ||||||
| 11 | re-enabled by a judge of election. | ||||||
| 12 | (g) Each system voting device shall be equipped with a | ||||||
| 13 | public counter that can be set to zero prior to the opening of | ||||||
| 14 | the polling place, and that records the number of ballots cast | ||||||
| 15 | at a particular election. The counter shall be incremented | ||||||
| 16 | only by the casting of a ballot. The counter shall be designed | ||||||
| 17 | to prevent disabling or resetting by other than authorized | ||||||
| 18 | persons after the polls close. The counter shall be visible to | ||||||
| 19 | all judges of election so long as the device is installed at | ||||||
| 20 | the polling place. | ||||||
| 21 | (h) Each system voting device shall be equipped with a | ||||||
| 22 | protective counter that records all of the testing and | ||||||
| 23 | election ballots cast since the unit was built. This counter | ||||||
| 24 | shall be designed so that its reading cannot be changed by any | ||||||
| 25 | cause other than the casting of a ballot. The protective | ||||||
| 26 | counter shall be incapable of ever being reset and it shall be | ||||||
| |||||||
| |||||||
| 1 | visible at all times when the device is configured for | ||||||
| 2 | testing, maintenance, or election use. | ||||||
| 3 | (i) All system devices shall provide a means of preventing | ||||||
| 4 | further voting once the polling place has closed and after all | ||||||
| 5 | eligible voters have voted. Such means of control shall | ||||||
| 6 | incorporate a visible indication of system status. Each device | ||||||
| 7 | shall prevent any unauthorized use, prevent tampering with | ||||||
| 8 | ballot labels and preclude its re-opening once the poll | ||||||
| 9 | closing has been completed for that election. | ||||||
| 10 | (j) The system shall produce a printed summary report of | ||||||
| 11 | the votes cast upon each voting device. Until the proper | ||||||
| 12 | sequence of events associated with closing the polling place | ||||||
| 13 | has been completed, the system shall not allow the printing of | ||||||
| 14 | a report or the extraction of data. The printed report shall | ||||||
| 15 | also contain all system audit information to be required by | ||||||
| 16 | the election authority. Data shall not be altered or otherwise | ||||||
| 17 | destroyed by report generation and the system shall ensure the | ||||||
| 18 | integrity and security of data for a period of at least 6 | ||||||
| 19 | months after the polls close. | ||||||
| 20 | (k) If more than one voting device is used in a polling | ||||||
| 21 | place, the system shall provide a means to manually or | ||||||
| 22 | electronically consolidate the data from all such units into a | ||||||
| 23 | single report even if different voting systems are used to | ||||||
| 24 | record ballots. The system shall also be capable of merging | ||||||
| 25 | the vote tabulation results produced by other vote tabulation | ||||||
| 26 | systems, if necessary. | ||||||
| |||||||
| |||||||
| 1 | (l) System functions shall be implemented such that | ||||||
| 2 | unauthorized access to them is prevented and the execution of | ||||||
| 3 | authorized functions in an improper sequence is precluded. | ||||||
| 4 | System functions shall be executable only in the intended | ||||||
| 5 | manner and order, and only under the intended conditions. If | ||||||
| 6 | the preconditions to a system function have not been met, the | ||||||
| 7 | function shall be precluded from executing by the system's | ||||||
| 8 | control logic. | ||||||
| 9 | (m) All system voting devices shall incorporate at least 3 | ||||||
| 10 | memories in the machine itself and in its programmable memory | ||||||
| 11 | devices. | ||||||
| 12 | (n) The system shall include capabilities of recording and | ||||||
| 13 | reporting the date and time of normal and abnormal events and | ||||||
| 14 | of maintaining a permanent record of audit information that | ||||||
| 15 | cannot be turned off. Provisions shall be made to detect and | ||||||
| 16 | record significant events (e.g., casting a ballot, error | ||||||
| 17 | conditions that cannot be disposed of by the system itself, | ||||||
| 18 | time-dependent or programmed events that occur without the | ||||||
| 19 | intervention of the voter or a judge of election). | ||||||
| 20 | (o) The system and each system voting device must be | ||||||
| 21 | capable of creating, printing and maintaining a permanent | ||||||
| 22 | paper record and an electronic image of each ballot that is | ||||||
| 23 | cast such that records of individual ballots are maintained by | ||||||
| 24 | a subsystem independent and distinct from the main vote | ||||||
| 25 | detection, interpretation, processing and reporting path. The | ||||||
| 26 | electronic images of each ballot must protect the integrity of | ||||||
| |||||||
| |||||||
| 1 | the data and the anonymity of each voter, for example, by means | ||||||
| 2 | of storage location scrambling. The ballot image records may | ||||||
| 3 | be either machine-readable or manually transcribed, or both, | ||||||
| 4 | at the discretion of the election authority. | ||||||
| 5 | (p) The system shall include built-in test, measurement | ||||||
| 6 | and diagnostic software and hardware for detecting and | ||||||
| 7 | reporting the system's status and degree of operability. | ||||||
| 8 | (q) The system shall contain provisions for maintaining | ||||||
| 9 | the integrity of memory voting and audit data during an | ||||||
| 10 | election and for a period of at least 6 months thereafter and | ||||||
| 11 | shall provide the means for creating an audit trail. | ||||||
| 12 | (r) The system shall be fully accessible so as to permit | ||||||
| 13 | blind or visually impaired voters as well as voters with | ||||||
| 14 | physical disabilities to exercise their right to vote in | ||||||
| 15 | private and without assistance. | ||||||
| 16 | (s) The system shall provide alternative language | ||||||
| 17 | accessibility if required pursuant to Section 203 of the | ||||||
| 18 | Voting Rights Act of 1965. | ||||||
| 19 | (t) Each voting device shall enable a voter to vote for a | ||||||
| 20 | person whose name does not appear on the ballot. | ||||||
| 21 | (u) The system shall record and count accurately each vote | ||||||
| 22 | properly cast for or against any candidate and for or against | ||||||
| 23 | any public question, including the names of all candidates | ||||||
| 24 | whose names are written in by the voters. | ||||||
| 25 | (v) The system shall allow for accepting provisional | ||||||
| 26 | ballots and for separating such provisional ballots from | ||||||
| |||||||
| |||||||
| 1 | precinct totals until authorized by the election authority. | ||||||
| 2 | (w) The system shall provide an effective audit trail as | ||||||
| 3 | defined in Section 24C-2 in this Code. | ||||||
| 4 | (x) The system shall be suitably designed for the purpose | ||||||
| 5 | used, be durably constructed, and be designed for safety, | ||||||
| 6 | accuracy and efficiency. | ||||||
| 7 | (y) The system shall comply with all provisions of | ||||||
| 8 | federal, State and local election laws and regulations and any | ||||||
| 9 | future modifications to those laws and regulations. | ||||||
| 10 | (Source: P.A. 98-1171, eff. 6-1-15; 99-143, eff. 7-27-15.)
| ||||||
| 11 | (10 ILCS 5/25-10) (from Ch. 46, par. 25-10) | ||||||
| 12 | Sec. 25-10. This Section applies only to counties of | ||||||
| 13 | 3,000,000 or more population. When a vacancy occurs in the | ||||||
| 14 | office of Clerk of the Circuit Court of any of the counties in | ||||||
| 15 | this State, it shall be the duty of the Circuit Judges of the | ||||||
| 16 | respective judicial circuit in which such vacancy may occur, | ||||||
| 17 | to make an appointment to fill the vacancy for the remainder of | ||||||
| 18 | the unexpired term. However, if more than 28 months remain in | ||||||
| 19 | the term, the appointment shall be until the next general | ||||||
| 20 | election, at which time a clerk of the circuit court shall be | ||||||
| 21 | elected for the balance of the unexpired term. The appointee | ||||||
| 22 | shall be a member of the same political party as the person he | ||||||
| 23 | succeeds was at the time of his election and shall be otherwise | ||||||
| 24 | eligible to serve as Clerk of the Circuit Court. The Circuit | ||||||
| 25 | Judges may appoint a Clerk Pro Tempore for whatever period is | ||||||
| |||||||
| |||||||
| 1 | necessary while reviewing the qualifications of candidates for | ||||||
| 2 | appointment to the office. | ||||||
| 3 | (Source: P.A. 90-672, eff. 7-31-98.)
| ||||||
| 4 | (10 ILCS 5/Art. 10 rep.) | ||||||
| 5 | Section 10. The Election Code is amended by repealing | ||||||
| 6 | Article 10. | ||||||
