|
Rep. Katie Stuart
Filed: 5/19/2023
| | 10300SB2123ham004 | | LRB103 26875 BMS 62242 a |
|
|
1 | | AMENDMENT TO SENATE BILL 2123
|
2 | | AMENDMENT NO. ______. Amend Senate Bill 2123, AS AMENDED, |
3 | | by replacing everything after the enacting clause with the |
4 | | following:
|
5 | | "Section 5. The Illinois Constitutional Amendment Act is |
6 | | amended by changing Sections 2 and 4 as follows:
|
7 | | (5 ILCS 20/2) (from Ch. 1, par. 103)
|
8 | | Sec. 2.
(a) The General Assembly in submitting an |
9 | | amendment to the
Constitution to the electors, or the |
10 | | proponents of an amendment to Article
IV of the Constitution |
11 | | submitted by petition, shall prepare a brief explanation of |
12 | | such
amendment, a brief argument in favor of the same, and the |
13 | | form in which
such amendment will appear on the separate |
14 | | ballot as provided by Section
16-6 of the Election Code, as
|
15 | | amended. The minority of the General Assembly, or if there is |
16 | | no minority,
anyone designated by the General Assembly shall |
|
| | 10300SB2123ham004 | - 2 - | LRB103 26875 BMS 62242 a |
|
|
1 | | prepare a brief argument
against such amendment. The |
2 | | explanation, the arguments for and against each constitutional |
3 | | amendment, and the form in which the amendment will appear on |
4 | | the separate ballot shall be approved by a joint resolution of |
5 | | the General Assembly and filed in the office of the Secretary |
6 | | of State with the proposed amendment. |
7 | | (b) In the case of an
amendment to Article IV of the |
8 | | Constitution initiated pursuant to Section
3 of Article XIV of |
9 | | the Constitution, the proponents shall be those persons
so |
10 | | designated at the time of the filing of the petition as |
11 | | provided in Section
10-8 of the Election Code, and the |
12 | | opponents shall be those members of the
General Assembly |
13 | | opposing such amendment, or if there are none, anyone
|
14 | | designated by the General Assembly and such opponents shall |
15 | | prepare a brief
argument against such amendment. The |
16 | | proponent's explanation and
argument in favor of and the |
17 | | opponent's opponents argument against an amendment
to Article |
18 | | IV initiated by petition must
be submitted to the Attorney |
19 | | General, who may rewrite them for accuracy
and fairness. The |
20 | | explanation,
the arguments for and against each constitutional |
21 | | amendment, and the form in which the
amendment will appear on |
22 | | the separate ballot shall be filed in the
office of the |
23 | | Secretary of State with the proposed amendment. |
24 | | (c) At least 2 months before the next election of members |
25 | | of the General Assembly,
following the passage of the proposed |
26 | | amendment, the Secretary of State
shall publish the amendment, |
|
| | 10300SB2123ham004 | - 3 - | LRB103 26875 BMS 62242 a |
|
|
1 | | in full in 8 point type, or the equivalent
thereto, in at least |
2 | | one secular newspaper of general circulation in
every county |
3 | | in this State in which a newspaper is published and its digital |
4 | | equivalent . In
counties in which 2 or more newspapers are |
5 | | published, the Secretary of
State shall cause such amendment |
6 | | to be published in 2 newspapers and their digital equivalent . |
7 | | In
counties having a population of 500,000 or more, such |
8 | | amendment shall be
published in not less than 6 newspapers of |
9 | | general circulation and their digital equivalent . After
the |
10 | | first publication, the publication of such amendment shall be
|
11 | | repeated once each week for 2 consecutive weeks. In selecting |
12 | | newspapers
in which to publish such amendment the Secretary of |
13 | | State shall have
regard solely to the circulation of such |
14 | | newspapers, selecting secular
newspapers in every case having |
15 | | the largest circulation. The proposed
amendment shall have a |
16 | | notice prefixed thereto in said publications,
that at such |
17 | | election the proposed amendment will be submitted to the
|
18 | | electors for adoption or rejection, and at the end of the |
19 | | official
publication, he shall also publish the form in which |
20 | | the proposed
amendment will appear on the separate ballot. The |
21 | | Secretary of State
shall fix the publication fees to be paid to |
22 | | newspapers for making such
publication, but in no case shall |
23 | | such publication fee exceed the amount
charged by such |
24 | | newspapers to private individuals for a like
publication. |
25 | | (d) In addition to the notice hereby required to be |
26 | | published,
the Secretary of State shall also cause the |
|
| | 10300SB2123ham004 | - 4 - | LRB103 26875 BMS 62242 a |
|
|
1 | | existing form of the
constitutional provision proposed to be |
2 | | amended, the proposed amendment,
the explanation of the same, |
3 | | the arguments for and against the same, and
the form in which |
4 | | such amendment will appear on the separate ballot, to
be |
5 | | published in pamphlet form in 8 point type or the equivalent |
6 | | thereto in English, in additional languages as required by |
7 | | Section 203 of Title III of the federal Voting Rights Act of |
8 | | 1965, and in braille. The Secretary of State shall publish the |
9 | | pamphlet on the Secretary's website in a downloadable, |
10 | | printable format and maintain a reasonable supply of printed |
11 | | pamphlets to be available upon request. The Secretary of State |
12 | | shall publish an audio version of the pamphlet, which shall be |
13 | | available for playback on the Secretary's website and made |
14 | | available to any individual or entity upon request. |
15 | | (e) Except as provided in subsection (f), the Secretary of |
16 | | State shall mail such pamphlet to every mailing
address in the |
17 | | State, addressed to the attention of the Postal Patron. He
|
18 | | shall also maintain a reasonable supply of such pamphlets so |
19 | | as to make
them available to any person requesting one.
|
20 | | (f) For any proposed constitutional amendment appearing on |
21 | | the ballot for the general election on November 8, 2022, the |
22 | | Secretary of State, in lieu of the requirement in subsection |
23 | | (e) of this Act, shall mail a postcard to every mailing address |
24 | | in the State advising that a proposed constitutional amendment |
25 | | will be considered at the general election. The postcard shall |
26 | | include a URL to the Secretary of State's website that |
|
| | 10300SB2123ham004 | - 5 - | LRB103 26875 BMS 62242 a |
|
|
1 | | contains the information required in subsection (d). |
2 | | (Source: P.A. 102-699, eff. 4-19-22.)
|
3 | | (5 ILCS 20/4) (from Ch. 1, par. 106)
|
4 | | Sec. 4.
At the election, the proposed amendment and |
5 | | explanation shall
be printed on the top of the "Official |
6 | | Ballot" preceding all nominations of any political party upon |
7 | | a single the separate ballot in accordance with the provisions |
8 | | of
Section 16-6 of the Election Code "An Act concerning |
9 | | elections," approved May 11, 1943, as
amended .
|
10 | | (Source: Laws 1949, p. 18.)
|
11 | | Section 10. The Election Code is amended by changing |
12 | | Sections 1-21, 1A-25, 3-6, 4-6.2, 5-16.2, 6-50.2, 7-8, 7-9, |
13 | | 9-3, 10-9, 10-10, 11-4, 11-8, 12A-10, 12-4, 16-3, 16-6, |
14 | | 19-2.5, 19-3, 19-5, 19-8, 22-9.1, and 23-23 and by adding |
15 | | Sections 1-23 and 1A-16.11 as follows: |
16 | | (10 ILCS 5/1-21) |
17 | | (Section scheduled to be repealed on July 1, 2024) |
18 | | Sec. 1-21. Public Financing of Judicial Elections Task |
19 | | Force. |
20 | | (a) The Public Financing of Judicial Elections Task Force |
21 | | is hereby created for the purposes described in subsection |
22 | | (b). Members of the Task Force shall be appointed as follows: |
23 | | (1) one member appointed by the Governor; |
|
| | 10300SB2123ham004 | - 6 - | LRB103 26875 BMS 62242 a |
|
|
1 | | (2) one member appointed by the Attorney General; |
2 | | (3) 2 members appointed by the President of the |
3 | | Senate; |
4 | | (4) 2 members appointed by the Speaker of the House of |
5 | | Representatives; |
6 | | (5) 2 members appointed by the Minority Leader of the |
7 | | Senate; and |
8 | | (6) 2 members appointed by the Minority Leader of the |
9 | | House of Representatives. |
10 | | (b) The Task Force shall study the feasibility of |
11 | | implementing a system of campaign finance that would allow |
12 | | public funds to be used to subsidize campaigns for candidates |
13 | | for judicial office in exchange for voluntary adherence by |
14 | | those campaigns to specified expenditure limitations. In |
15 | | conducting its study, the Task Force shall consider whether |
16 | | implementing such a system of public financing is in the best |
17 | | interest of the State. The Task Force may propose one or more |
18 | | funding sources for the public financing of judicial |
19 | | elections, including, but not limited to, fines, voluntary |
20 | | contributions, surcharges on lobbying activities, and a |
21 | | whistleblower fund. The Task Force shall consider the |
22 | | following factors: |
23 | | (1) the amount of funds raised by past candidates for |
24 | | judicial office; |
25 | | (2) the amount of funds expended by past candidates |
26 | | for judicial office; |
|
| | 10300SB2123ham004 | - 7 - | LRB103 26875 BMS 62242 a |
|
|
1 | | (3) the disparity in the amount of funds raised by |
2 | | candidates for judicial office of different political |
3 | | parties; |
4 | | (4) the amount of funds expended with respect to |
5 | | campaigns for judicial office by entities not affiliated |
6 | | with a candidate; |
7 | | (5) the amount of money contributed to or expended by |
8 | | a committee of a political party to promote a candidate |
9 | | for judicial office; |
10 | | (6) jurisprudence concerning campaign finance and |
11 | | public financing of political campaigns, both for judicial |
12 | | office and generally; and |
13 | | (7) any other factors that the Task Force determines |
14 | | are related to the public financing of elections in this |
15 | | State. |
16 | | The Task Force shall also suggest changes to current law |
17 | | that would be necessary to facilitate public financing of |
18 | | candidates for judicial office. |
19 | | (c) The Task Force shall complete its study no later than |
20 | | June 30, 2024 2023 and shall report its findings to the |
21 | | Governor and the General Assembly as soon as possible after |
22 | | the study is complete. |
23 | | (d) The members shall serve without compensation. If a |
24 | | vacancy occurs on the Task Force, it shall be filled according |
25 | | to the guidelines of the initial appointment. |
26 | | (e) The State Board of Elections shall provide staff and |
|
| | 10300SB2123ham004 | - 8 - | LRB103 26875 BMS 62242 a |
|
|
1 | | administrative support to the Task Force. |
2 | | (f) As used in this Section, "judicial office" means |
3 | | nomination, election, or retention to the Supreme Court, the |
4 | | Appellate Court, or the Circuit Court. |
5 | | (g) This Section is repealed on July 1, 2025 2024 .
|
6 | | (Source: P.A. 102-909, eff. 5-27-22.) |
7 | | (10 ILCS 5/1-23 new) |
8 | | Sec. 1-23. Ranked-Choice and Voting Systems Task Force. |
9 | | (a) The Ranked-Choice and Voting Systems Task Force is |
10 | | created. The purpose of the Task Force is to review voting |
11 | | systems and the methods of voting, including ranked-choice |
12 | | voting, that could be authorized by law. The Task Force shall |
13 | | have the following duties: |
14 | | (1) Engage election officials, interested groups, and |
15 | | members of the public for the purpose of assessing the |
16 | | adoption and implementation of ranked-choice voting in |
17 | | presidential primary elections beginning in 2028. |
18 | | (2) Review standards used to certify or approve the |
19 | | use of a voting system, including the standards adopted by |
20 | | the U.S. Election Assistance Commission and the State |
21 | | Board of Elections. |
22 | | (3) Advise whether the voting system used by Illinois |
23 | | election authorities would be able to accommodate |
24 | | alternative methods of voting, including, but not limited |
25 | | to, ranked-choice voting. |
|
| | 10300SB2123ham004 | - 9 - | LRB103 26875 BMS 62242 a |
|
|
1 | | (4) Make recommendations or suggestions for changes to |
2 | | the Election Code or administrative rules for |
3 | | certification of voting systems in Illinois to accommodate |
4 | | alternative methods of voting, including ranked-choice |
5 | | voting. |
6 | | (b) On or before March 1, 2024, the Task Force shall |
7 | | publish a final report of its findings and recommendations. |
8 | | The report shall, at a minimum, detail findings and |
9 | | recommendations related to the duties of the Task Force and |
10 | | the following: |
11 | | (1) the process used in Illinois to certify voting |
12 | | systems, including which systems can conduct ranked-choice |
13 | | voting; and |
14 | | (2) information about the voting system used by |
15 | | election authorities, including which election authorities |
16 | | rely on legacy hardware and software for voting and which |
17 | | counties and election authorities rely on equipment for |
18 | | voting that has not exceeded its usable life span but |
19 | | require a software upgrade to accommodate ranked-choice |
20 | | voting. In this paragraph, "legacy hardware and software" |
21 | | means equipment that has exceeded its usable life span. |
22 | | (c) The Task Force shall consist of the following members: |
23 | | (1) 4 members, appointed by the Senate President, |
24 | | including 2 members of the Senate and 2 members of the |
25 | | public; |
26 | | (2) 4 members, appointed by the Speaker of the House |
|
| | 10300SB2123ham004 | - 10 - | LRB103 26875 BMS 62242 a |
|
|
1 | | of Representatives, including 2 members of the House of |
2 | | Representatives and 2 members of the public; |
3 | | (3) 2 members, appointed by the Senate Minority |
4 | | Leader, including one member of the Senate and one member |
5 | | of the public; |
6 | | (4) 2 members, appointed by the House Minority Leader, |
7 | | including one member of the House of Representatives and |
8 | | one member of the public; |
9 | | (5) 4 members, appointed by the Governor, including at |
10 | | least 2 members with knowledge and experience |
11 | | administering elections; and |
12 | | (6) one member appointed by the Secretary of State. |
13 | | (d) Appointments to the Task Force shall be made within 30 |
14 | | days after the effective date of this amendatory Act of the |
15 | | 103rd General Assembly. Members shall serve without |
16 | | compensation. |
17 | | (e) The Task Force shall meet at the call of a co-chair at |
18 | | least quarterly to fulfill its duties. At the first meeting of |
19 | | the Task Force, the Task Force shall elect one co-chair from |
20 | | the members appointed by the Senate President and one co-chair |
21 | | from the members appointed by the Speaker of the House of |
22 | | Representatives. |
23 | | (f) The State Board of Elections shall provide |
24 | | administrative support for the Task Force. |
25 | | (g) This Section is repealed, and the Task Force is |
26 | | dissolved, on June 1, 2024. |
|
| | 10300SB2123ham004 | - 11 - | LRB103 26875 BMS 62242 a |
|
|
1 | | (10 ILCS 5/1A-16.11 new) |
2 | | Sec. 1A-16.11. Naturalization ceremony registration. |
3 | | (a) The State Board of Elections shall coordinate with |
4 | | each United States District Court in Illinois for a |
5 | | representative or representatives of the State Board of |
6 | | Elections to offer voter registration information, provide |
7 | | voter registration applications, and collect completed voter |
8 | | registration applications, including electronic voter |
9 | | registration applications, from all eligible citizens after |
10 | | the naturalization ceremony, as allowed by the United States |
11 | | District Court presiding over the naturalization. |
12 | | (b) The State Board of Elections may adopt rules to |
13 | | implement this Section. |
14 | | (10 ILCS 5/1A-25) |
15 | | Sec. 1A-25. Centralized statewide voter registration list. |
16 | | The centralized statewide voter registration list required by |
17 | | Title III, Subtitle A, Section 303 of the Help America Vote Act |
18 | | of 2002 shall be created and maintained by the State Board of |
19 | | Elections as provided in this Section. |
20 | | (1) The centralized statewide voter registration list |
21 | | shall be compiled from the voter registration data bases |
22 | | of each election authority in this State.
|
23 | | (2) With the exception of voter registration forms |
24 | | submitted electronically through an online voter |
|
| | 10300SB2123ham004 | - 12 - | LRB103 26875 BMS 62242 a |
|
|
1 | | registration system, all new voter registration forms and |
2 | | applications to register to vote, including those reviewed |
3 | | by the Secretary of State at a driver services facility, |
4 | | shall be transmitted only to the appropriate election |
5 | | authority as required by Articles 4, 5, and 6 of this Code |
6 | | and not to the State Board of Elections. All voter |
7 | | registration forms submitted electronically to the State |
8 | | Board of Elections through an online voter registration |
9 | | system shall be transmitted to the appropriate election |
10 | | authority as required by Section 1A-16.5. The election |
11 | | authority shall process and verify each voter registration |
12 | | form and electronically enter verified registrations on an |
13 | | expedited basis onto the statewide voter registration |
14 | | list. All original registration cards shall remain |
15 | | permanently in the office of the election authority as |
16 | | required by this Code.
|
17 | | (3) The centralized statewide voter registration list |
18 | | shall:
|
19 | | (i) Be designed to allow election authorities to |
20 | | utilize the registration data on the statewide voter |
21 | | registration list pertinent to voters registered in |
22 | | their election jurisdiction on locally maintained |
23 | | software programs that are unique to each |
24 | | jurisdiction.
|
25 | | (ii) Allow each election authority to perform |
26 | | essential election management functions, including but |
|
| | 10300SB2123ham004 | - 13 - | LRB103 26875 BMS 62242 a |
|
|
1 | | not limited to production of voter lists, processing |
2 | | of vote by mail voters, production of individual, |
3 | | pre-printed applications to vote, administration of |
4 | | election judges, and polling place administration, but |
5 | | shall not prevent any election authority from using |
6 | | information from that election authority's own |
7 | | systems.
|
8 | | (4) The registration information maintained by each |
9 | | election authority shall be synchronized with that |
10 | | authority's information on the statewide list at least |
11 | | once every 24 hours.
|
12 | | (5) The vote by mail, early vote, and rejected ballot |
13 | | information maintained by each election authority shall be |
14 | | synchronized with the election authority's information on |
15 | | the statewide list at least once every 24 hours. The State |
16 | | Board of Elections shall maintain the information required |
17 | | by this paragraph in an electronic format on its website, |
18 | | arranged by county and accessible to State and local |
19 | | political committees. |
20 | | (i) Within one day after receipt of a vote by mail |
21 | | voter's ballot, the election authority shall transmit |
22 | | by electronic means the voter's name, street address, |
23 | | email address and precinct, ward, township, and |
24 | | district numbers, as the case may be, to the State |
25 | | Board of Elections. |
26 | | (ii) Within one day after receipt of an early |
|
| | 10300SB2123ham004 | - 14 - | LRB103 26875 BMS 62242 a |
|
|
1 | | voter's ballot, the election authority shall transmit |
2 | | by electronic means the voter's name, street address, |
3 | | email address and precinct, ward, township, and |
4 | | district numbers, as the case may be, to the State |
5 | | Board of Elections. |
6 | | (iii) If a vote by mail ballot is rejected for any |
7 | | reason, within one day after the rejection the |
8 | | election authority shall transmit by electronic means |
9 | | the voter's name, street address, email address and |
10 | | precinct, ward, township, and district numbers, as the |
11 | | case may be, to the State Board of Elections. If a |
12 | | rejected vote by mail ballot is determined to be |
13 | | valid, the election authority shall, within one day |
14 | | after the determination, remove the name of the voter |
15 | | from the list transmitted to the State Board of |
16 | | Election. |
17 | | (6) The statewide voter registration list shall be |
18 | | updated at least every 30 days, however, the information |
19 | | required in paragraph (5) shall be updated at least every |
20 | | 24 hours and made available upon request to permitted |
21 | | entities as described in this Section. |
22 | | To protect the privacy and confidentiality of voter |
23 | | registration information, the disclosure of any portion of the |
24 | | centralized statewide voter registration list to any person or |
25 | | entity other than to a State or local political committee and |
26 | | other than to a governmental entity for a governmental purpose |
|
| | 10300SB2123ham004 | - 15 - | LRB103 26875 BMS 62242 a |
|
|
1 | | is specifically prohibited except as follows: (1) subject to |
2 | | security measures adopted by the State Board of Elections |
3 | | which, at a minimum, shall include the keeping of a catalog or |
4 | | database, available for public view, including the name, |
5 | | address, and telephone number of the person viewing the list |
6 | | as well as the time of that viewing, any person may view the |
7 | | list on a computer screen at the Springfield office of the |
8 | | State Board of Elections, during normal business hours other |
9 | | than during the 27 days before an election, but the person |
10 | | viewing the list under this exception may not print, |
11 | | duplicate, transmit, or alter the list; or (2) as may be |
12 | | required by an agreement the State Board of Elections has |
13 | | entered into with a multi-state voter registration list |
14 | | maintenance system.
|
15 | | (Source: P.A. 98-115, eff. 7-29-13; 98-1171, eff. 6-1-15 .) |
16 | | (10 ILCS 5/3-6) |
17 | | Sec. 3-6. Voting and registration age. |
18 | | (a) Notwithstanding any other provision of law, a person |
19 | | who is 17 years old on the date of a caucus, general primary |
20 | | election, or consolidated primary election and who is |
21 | | otherwise qualified to vote is qualified to vote at that |
22 | | caucus, general primary, or consolidated primary, including |
23 | | voting a vote by mail, grace period, or early voting ballot |
24 | | with respect to that general primary or consolidated primary, |
25 | | if that person will be 18 years old on the date of the |
|
| | 10300SB2123ham004 | - 16 - | LRB103 26875 BMS 62242 a |
|
|
1 | | immediately following general election or consolidated |
2 | | election for which candidates are nominated at that primary. |
3 | | (b) Notwithstanding any other provision of law, a person |
4 | | who is otherwise qualified to vote may preregister to vote on |
5 | | or after that person's 16th birthday, with the registration |
6 | | held in abeyance by the State Board of Elections until that |
7 | | individual attains the required age to vote, at which time the |
8 | | State Board of Elections shall transmit the registration to |
9 | | the applicable election authority. Preregistration under this |
10 | | subsection (b) shall be completed using the online voter |
11 | | registration system, as provided in Section 1A-16.5, or an |
12 | | electronic voter registration portal with an automatic voter |
13 | | registration agency, as provided in Section 1A-16.7. |
14 | | (c) Notwithstanding any other provision of law, an |
15 | | individual who is 17 years of age, will be 18 years of age on |
16 | | the date of the immediately following general or consolidated |
17 | | election, and is otherwise qualified to vote shall be deemed |
18 | | eligible to circulate a nominating petition or a petition |
19 | | proposing a public question. |
20 | | (d) For the purposes of this Code, a person who is 16 years |
21 | | of age or older shall be deemed competent to execute and attest |
22 | | to any voter registration forms. |
23 | | (e) References in this Code and elsewhere to the |
24 | | requirement that a person must be 18 years old to vote shall be |
25 | | interpreted in accordance with this Section. |
26 | | For the purposes of this Code, an individual who is 17 |
|
| | 10300SB2123ham004 | - 17 - | LRB103 26875 BMS 62242 a |
|
|
1 | | years of age and who will be 18 years of age on the date of the |
2 | | general or consolidated election shall be deemed competent to |
3 | | execute and attest to any voter registration forms. An |
4 | | individual who is 17 years of age, will be 18 years of age on |
5 | | the date of the immediately following general or consolidated |
6 | | election, and is otherwise qualified to vote shall be deemed |
7 | | eligible to circulate a nominating petition or a petition |
8 | | proposing a public question.
|
9 | | (Source: P.A. 99-722, eff. 8-5-16; 100-201, eff. 8-18-17.)
|
10 | | (10 ILCS 5/4-6.2) (from Ch. 46, par. 4-6.2)
|
11 | | Sec. 4-6.2. (a) The county clerk shall appoint all |
12 | | municipal and township
or road district clerks or their duly |
13 | | authorized deputies as deputy registrars
who may accept the |
14 | | registration of all qualified residents of the State.
|
15 | | The county clerk shall appoint all precinct |
16 | | committeepersons in the county
as deputy registrars who may |
17 | | accept the registration of any qualified resident
of the |
18 | | State, except during the 27 days preceding an election.
|
19 | | The county clerk shall appoint each of the following named |
20 | | persons as deputy
registrars upon the written request of such |
21 | | persons:
|
22 | | 1. The chief librarian, or a qualified person |
23 | | designated by the chief
librarian, of any public library |
24 | | situated within the election jurisdiction,
who may accept |
25 | | the registrations of any qualified resident of the State,
|
|
| | 10300SB2123ham004 | - 18 - | LRB103 26875 BMS 62242 a |
|
|
1 | | at such library.
|
2 | | 2. The principal, or a qualified person designated by |
3 | | the principal, of
any high school, elementary school, or |
4 | | vocational school situated
within the election |
5 | | jurisdiction, who may accept the registrations of any
|
6 | | qualified resident of the State, at such school. The |
7 | | county clerk shall notify
every principal and |
8 | | vice-principal of each high school, elementary school, and
|
9 | | vocational school situated within the election |
10 | | jurisdiction of their
eligibility to serve as deputy |
11 | | registrars and offer training courses for
service as |
12 | | deputy registrars at conveniently located facilities at |
13 | | least 4
months prior to every election.
|
14 | | 3. The president, or a qualified person designated by |
15 | | the president, of
any university, college, community |
16 | | college, academy or other institution of
learning situated |
17 | | within the election jurisdiction, who may accept the
|
18 | | registrations of any resident of the State, at such |
19 | | university, college,
community college, academy or |
20 | | institution.
|
21 | | 4. A duly elected or appointed official of a bona fide |
22 | | labor organization,
or a reasonable number of qualified |
23 | | members designated by such official,
who may accept the |
24 | | registrations of any qualified resident of the State.
|
25 | | 5. A duly elected or appointed official of a bonafide |
26 | | State civic
organization, as defined and determined by |
|
| | 10300SB2123ham004 | - 19 - | LRB103 26875 BMS 62242 a |
|
|
1 | | rule of the State Board of
Elections, or qualified members |
2 | | designated by such official, who may accept
the |
3 | | registration of any qualified resident of the State.
In |
4 | | determining the number of deputy registrars that shall be |
5 | | appointed,
the county clerk shall consider the population |
6 | | of the jurisdiction, the
size of the organization, the |
7 | | geographic size of the jurisdiction,
convenience for the |
8 | | public, the existing number of deputy registrars in the
|
9 | | jurisdiction and their location, the registration |
10 | | activities of the
organization and the need to appoint |
11 | | deputy registrars to assist and
facilitate the |
12 | | registration of non-English speaking individuals. In no
|
13 | | event shall a county clerk fix an arbitrary number |
14 | | applicable to every
civic organization requesting |
15 | | appointment of its members as deputy
registrars. The State |
16 | | Board of Elections shall by rule provide for
certification |
17 | | of bonafide State civic organizations. Such appointments
|
18 | | shall be made for a period not to exceed 2 years, |
19 | | terminating on the first
business day of the month |
20 | | following the month of the general election, and
shall be |
21 | | valid for all periods of voter registration as provided by |
22 | | this
Code during the terms of such appointments.
|
23 | | 6.
The Director of Healthcare and Family Services, or |
24 | | a
reasonable number of employees designated by the |
25 | | Director and located at
public aid offices, who may accept |
26 | | the registration of any qualified
resident of the county |
|
| | 10300SB2123ham004 | - 20 - | LRB103 26875 BMS 62242 a |
|
|
1 | | at any such public aid office.
|
2 | | 7.
The Director of the Illinois Department of |
3 | | Employment Security, or a
reasonable number of employees |
4 | | designated by the Director and located at
unemployment |
5 | | offices, who may accept the registration of any qualified
|
6 | | resident of the county at any such unemployment office.
|
7 | | 8. The president of any corporation as defined by the |
8 | | Business
Corporation Act of 1983, or a reasonable number |
9 | | of employees designated by
such president, who may accept |
10 | | the registrations of any qualified resident
of the State.
|
11 | | If the request to be appointed as deputy registrar is |
12 | | denied, the
county clerk shall, within 10 days after the date |
13 | | the request is submitted,
provide the affected individual or |
14 | | organization with written notice setting
forth the specific |
15 | | reasons or criteria relied upon to deny the request to
be |
16 | | appointed as deputy registrar.
|
17 | | The county clerk may appoint as many additional deputy |
18 | | registrars as he
considers necessary. The county clerk shall |
19 | | appoint such additional deputy
registrars in such manner that |
20 | | the convenience of the public is served,
giving due |
21 | | consideration to both population concentration and area. Some
|
22 | | of the additional deputy registrars shall be selected so that |
23 | | there are an
equal number from each of the 2 major political |
24 | | parties in the election
jurisdiction. The county clerk, in |
25 | | appointing an additional deputy
registrar, shall make the |
26 | | appointment from a list of applicants submitted
by the Chair |
|
| | 10300SB2123ham004 | - 21 - | LRB103 26875 BMS 62242 a |
|
|
1 | | of the County Central Committee of the applicant's
political |
2 | | party. A Chair of a County Central Committee shall submit a
|
3 | | list of applicants to the county clerk by November 30 of each |
4 | | year. The
county clerk may require a Chair of a County Central |
5 | | Committee to
furnish a supplemental list of applicants.
|
6 | | Deputy registrars may accept registrations at any time |
7 | | other than the 27-day 27
day period preceding an election. All |
8 | | persons appointed as deputy
registrars shall be registered |
9 | | voters within the county and shall take and
subscribe to the |
10 | | following oath or affirmation:
|
11 | | "I do solemnly swear (or affirm, as the case may be) that I |
12 | | will support
the Constitution of the United States, and the |
13 | | Constitution of the State
of Illinois, and that I will |
14 | | faithfully discharge the duties of the office
of deputy |
15 | | registrar to the best of my ability and that I will register no
|
16 | | person nor cause the registration of any person except upon |
17 | | his personal
application before me.
|
18 | | ............................
|
19 | | (Signature Deputy Registrar)"
|
20 | | This oath shall be administered by the county clerk, or by |
21 | | one of his
deputies, or by any person qualified to take |
22 | | acknowledgement of deeds and
shall immediately thereafter be |
23 | | filed with the county clerk.
|
24 | | Appointments of deputy registrars under this Section, |
25 | | except precinct committeepersons, shall be for 2-year terms, |
26 | | commencing on December 1 following
the general election of |
|
| | 10300SB2123ham004 | - 22 - | LRB103 26875 BMS 62242 a |
|
|
1 | | each even-numbered year; except that the terms of
the initial |
2 | | appointments shall be until December 1st following the next
|
3 | | general election. Appointments of precinct committeepersons |
4 | | shall be for 2-year
terms commencing on the date of the county |
5 | | convention following the general
primary at which they were |
6 | | elected and ending on the date immediately preceding the date |
7 | | of the next county convention, which may be held by audio or |
8 | | video conference . The county clerk shall issue a
certificate |
9 | | of appointment to each deputy registrar, and shall maintain in
|
10 | | his office for public inspection a list of the names of all |
11 | | appointees.
|
12 | | (b) The county clerk shall be responsible for training all |
13 | | deputy registrars
appointed pursuant to subsection (a), at |
14 | | times and locations reasonably
convenient for both the county |
15 | | clerk and such appointees. The county clerk
shall be |
16 | | responsible for certifying and supervising all deputy |
17 | | registrars
appointed pursuant to subsection (a). Deputy |
18 | | registrars appointed under
subsection (a) shall be subject to |
19 | | removal for cause.
|
20 | | (c)
Completed registration materials under the control of |
21 | | deputy registrars,
appointed pursuant to subsection (a), shall |
22 | | be returned to the appointing election
authority by |
23 | | first-class mail within 2 business days or personal delivery |
24 | | within 7 days, except that completed registration materials
|
25 | | received by the deputy registrars during the period between |
26 | | the 35th and
28th day preceding an election shall be returned |
|
| | 10300SB2123ham004 | - 23 - | LRB103 26875 BMS 62242 a |
|
|
1 | | by the deputy
registrars to
the appointing election authority |
2 | | within 48 hours after receipt thereof. The
completed |
3 | | registration materials received by the deputy registrars on |
4 | | the
28th day preceding an election shall be returned by the |
5 | | deputy
registrars
within 24 hours after receipt thereof. |
6 | | Unused materials shall be returned
by deputy registrars |
7 | | appointed pursuant to paragraph 4 of subsection (a),
not later |
8 | | than the next working day following the close of registration.
|
9 | | (d) The county clerk or board of election commissioners, |
10 | | as the case may
be, must provide any additional forms |
11 | | requested by any deputy registrar
regardless of the number of |
12 | | unaccounted registration forms the deputy registrar
may have |
13 | | in his or her possession.
|
14 | | (e) No deputy registrar shall engage in any electioneering |
15 | | or the promotion
of any cause during the performance of his or |
16 | | her duties.
|
17 | | (f) The county clerk shall not be criminally or civilly |
18 | | liable for the
acts or omissions of any deputy registrar. Such |
19 | | deputy registrars shall
not be deemed to be employees of the |
20 | | county clerk.
|
21 | | (g) Completed registration materials returned by deputy |
22 | | registrars for persons residing outside the county shall be |
23 | | transmitted by the county clerk within 2 days after receipt to |
24 | | the election authority of the person's election jurisdiction |
25 | | of residence. |
26 | | (Source: P.A. 100-1027, eff. 1-1-19 .)
|
|
| | 10300SB2123ham004 | - 24 - | LRB103 26875 BMS 62242 a |
|
|
1 | | (10 ILCS 5/5-16.2) (from Ch. 46, par. 5-16.2)
|
2 | | Sec. 5-16.2. (a) The county clerk shall appoint all |
3 | | municipal and
township clerks or their duly authorized |
4 | | deputies as deputy registrars who
may accept the registration |
5 | | of all qualified residents of the State.
|
6 | | The county clerk shall appoint all precinct |
7 | | committeepersons in the county
as deputy registrars who may |
8 | | accept the registration of any qualified resident
of the |
9 | | State, except during the 27 days preceding an election.
|
10 | | The county clerk shall appoint each of the following named |
11 | | persons as deputy
registrars upon the written request of such |
12 | | persons:
|
13 | | 1. The chief librarian, or a qualified person |
14 | | designated by the chief
librarian, of any public library |
15 | | situated within the election jurisdiction,
who may accept |
16 | | the registrations of any qualified resident of the State,
|
17 | | at such library.
|
18 | | 2. The principal, or a qualified person designated by |
19 | | the principal, of
any high school, elementary school, or |
20 | | vocational school situated
within the election |
21 | | jurisdiction, who may accept the registrations of any
|
22 | | resident of the State, at such school. The county clerk |
23 | | shall notify every
principal and vice-principal of each |
24 | | high school, elementary school, and
vocational school |
25 | | situated within the election jurisdiction of their
|
|
| | 10300SB2123ham004 | - 25 - | LRB103 26875 BMS 62242 a |
|
|
1 | | eligibility to serve as deputy registrars and offer |
2 | | training courses for
service as deputy registrars at |
3 | | conveniently located facilities at least 4
months prior to |
4 | | every election.
|
5 | | 3. The president, or a qualified person designated by |
6 | | the president, of
any university, college, community |
7 | | college, academy or other institution
of learning situated |
8 | | within the election jurisdiction, who may accept the
|
9 | | registrations of any resident of the State, at such |
10 | | university, college,
community college, academy or |
11 | | institution.
|
12 | | 4. A duly elected or appointed official of a bona fide |
13 | | labor organization,
or a reasonable number of qualified |
14 | | members designated by such official,
who may accept the |
15 | | registrations of any qualified resident of the State.
|
16 | | 5. A duly elected or appointed official of a bona fide |
17 | | State civic
organization, as defined and determined by |
18 | | rule of the State Board of
Elections, or qualified members |
19 | | designated by such official, who may accept
the |
20 | | registration of any qualified resident of the State.
In |
21 | | determining the number of deputy registrars that shall be |
22 | | appointed,
the county clerk shall consider the population |
23 | | of the jurisdiction, the
size of the organization, the |
24 | | geographic size of the jurisdiction,
convenience for the |
25 | | public, the existing number of deputy registrars in the
|
26 | | jurisdiction and their location, the registration |
|
| | 10300SB2123ham004 | - 26 - | LRB103 26875 BMS 62242 a |
|
|
1 | | activities of the
organization and the need to appoint |
2 | | deputy registrars to assist and
facilitate the |
3 | | registration of non-English speaking individuals. In no
|
4 | | event shall a county clerk fix an arbitrary number |
5 | | applicable to every
civic organization requesting |
6 | | appointment of its members as deputy registrars.
The State |
7 | | Board of Elections shall by rule provide for
certification |
8 | | of bona fide State civic organizations.
Such appointments |
9 | | shall be made for a period not to exceed 2 years,
|
10 | | terminating on the first business day of the month |
11 | | following the month of
the general election, and shall be |
12 | | valid for all periods of voter
registration as provided by |
13 | | this Code during the terms of such appointments.
|
14 | | 6.
The Director of Healthcare and Family Services, or |
15 | | a
reasonable number of employees designated by the |
16 | | Director and located at
public aid offices, who may accept |
17 | | the registration of any qualified
resident of the county |
18 | | at any such public aid office.
|
19 | | 7.
The Director of the Illinois Department of |
20 | | Employment Security, or a
reasonable number of employees |
21 | | designated by the Director and located at
unemployment |
22 | | offices, who may accept the registration of any qualified
|
23 | | resident of the county at any such unemployment office.
|
24 | | 8. The president of any corporation as defined by the |
25 | | Business
Corporation Act of 1983, or a reasonable number |
26 | | of employees designated by
such president, who may accept |
|
| | 10300SB2123ham004 | - 27 - | LRB103 26875 BMS 62242 a |
|
|
1 | | the registrations of any qualified resident
of the State.
|
2 | | If the request to be appointed as deputy registrar is |
3 | | denied, the
county clerk shall, within 10 days after the date |
4 | | the request is submitted,
provide the affected individual or |
5 | | organization with written notice setting
forth the specific |
6 | | reasons or criteria relied upon to deny the request to
be |
7 | | appointed as deputy registrar.
|
8 | | The county clerk may appoint as many additional deputy |
9 | | registrars as he
considers necessary. The county clerk shall |
10 | | appoint such additional deputy
registrars in such manner that |
11 | | the convenience of the public is served,
giving due |
12 | | consideration to both population concentration and area. Some
|
13 | | of the additional deputy registrars shall be selected so that |
14 | | there are an
equal number from each of the 2 major political |
15 | | parties in the election
jurisdiction. The county clerk, in |
16 | | appointing an additional deputy
registrar, shall make the |
17 | | appointment from a list of applicants submitted
by the Chair |
18 | | of the County Central Committee of the applicant's
political |
19 | | party. A Chair of a County Central Committee shall submit a
|
20 | | list of applicants to the county clerk by November 30 of each |
21 | | year. The
county clerk may require a Chair of a County Central |
22 | | Committee to
furnish a supplemental list of applicants.
|
23 | | Deputy registrars may accept registrations at any time |
24 | | other than the 27-day 27
day period preceding an election. All |
25 | | persons appointed as deputy
registrars shall be registered |
26 | | voters within the county and shall take and
subscribe to the |
|
| | 10300SB2123ham004 | - 28 - | LRB103 26875 BMS 62242 a |
|
|
1 | | following oath or affirmation:
|
2 | | "I do solemnly swear (or affirm, as the case may be) that I |
3 | | will support
the Constitution of the United States, and the |
4 | | Constitution of the State
of Illinois, and that I will |
5 | | faithfully discharge the duties of the office
of deputy |
6 | | registrar to the best of my ability and that I will register
no |
7 | | person nor cause the registration of any person except upon |
8 | | his personal
application before me.
|
9 | | ...............................
|
10 | | (Signature of Deputy Registrar)"
|
11 | | This oath shall be administered by the county clerk, or by |
12 | | one of his
deputies, or by any person qualified to take |
13 | | acknowledgement of deeds and
shall immediately thereafter be |
14 | | filed with the county clerk.
|
15 | | Appointments of deputy registrars under this Section, |
16 | | except precinct committeepersons, shall be for 2-year terms, |
17 | | commencing on December 1 following
the general election of |
18 | | each even-numbered year, except that the terms of
the initial |
19 | | appointments shall be until December 1st following the next
|
20 | | general election. Appointments of precinct committeepersons |
21 | | shall be for
2-year terms commencing on the date of the county |
22 | | convention following the
general primary at which they were |
23 | | elected and ending on the date immediately preceding the date |
24 | | of the next county convention, which may be held by audio or |
25 | | video conference . The county clerk shall issue a
certificate |
26 | | of appointment to each deputy registrar, and shall maintain in
|
|
| | 10300SB2123ham004 | - 29 - | LRB103 26875 BMS 62242 a |
|
|
1 | | his office for public inspection a list of the names of all |
2 | | appointees.
|
3 | | (b) The county clerk shall be responsible for training all |
4 | | deputy registrars
appointed pursuant to subsection (a), at |
5 | | times and locations reasonably
convenient for both the county |
6 | | clerk and such appointees. The county clerk
shall be |
7 | | responsible for certifying and supervising all deputy |
8 | | registrars
appointed pursuant to subsection (a). Deputy |
9 | | registrars appointed under
subsection (a) shall be subject to |
10 | | removal for cause.
|
11 | | (c)
Completed registration materials under the control of |
12 | | deputy registrars,
appointed pursuant to subsection (a), shall |
13 | | be returned to the appointing election
authority by |
14 | | first-class mail within 2 business days or personal delivery |
15 | | within 7 days, except that completed registration materials
|
16 | | received by the deputy registrars during the period between |
17 | | the 35th and
28th day preceding an election shall be returned |
18 | | by the deputy
registrars to
the appointing election authority |
19 | | within 48 hours after receipt thereof. The
completed |
20 | | registration materials received by the deputy registrars on |
21 | | the
28th day preceding an election shall be returned by the |
22 | | deputy
registrars within 24 hours after receipt thereof.
|
23 | | Unused materials shall be returned by deputy
registrars |
24 | | appointed pursuant to paragraph 4 of subsection (a), not later
|
25 | | than the next working day following the close of registration.
|
26 | | (d) The county clerk or board of election commissioners, |
|
| | 10300SB2123ham004 | - 30 - | LRB103 26875 BMS 62242 a |
|
|
1 | | as the case may
be, must provide any additional forms |
2 | | requested by any deputy registrar
regardless of the number of |
3 | | unaccounted registration forms the deputy registrar
may have |
4 | | in his or her possession.
|
5 | | (e) No deputy registrar shall engage in any electioneering |
6 | | or the promotion
of any cause during the performance of his or |
7 | | her duties.
|
8 | | (f) The county clerk shall not be criminally or civilly |
9 | | liable for the
acts or omissions of any deputy registrar. Such |
10 | | deputy registers shall not
be deemed to be employees of the |
11 | | county clerk.
|
12 | | (g) Completed registration materials returned by deputy |
13 | | registrars for persons residing outside the county shall be |
14 | | transmitted by the county clerk within 2 days after receipt to |
15 | | the election authority of the person's election jurisdiction |
16 | | of residence.
|
17 | | (Source: P.A. 100-1027, eff. 1-1-19 .)
|
18 | | (10 ILCS 5/6-50.2) (from Ch. 46, par. 6-50.2)
|
19 | | Sec. 6-50.2. (a) The board of election commissioners shall |
20 | | appoint all
precinct committeepersons in the election |
21 | | jurisdiction as deputy registrars
who may accept the |
22 | | registration of any qualified resident of the State, except |
23 | | during the 27 days preceding an election.
|
24 | | The board of election commissioners shall appoint each of |
25 | | the following
named persons as deputy registrars upon the |
|
| | 10300SB2123ham004 | - 31 - | LRB103 26875 BMS 62242 a |
|
|
1 | | written request of such persons:
|
2 | | 1. The chief librarian, or a qualified person |
3 | | designated by the chief
librarian, of any public library |
4 | | situated within the election jurisdiction,
who may accept |
5 | | the registrations of any qualified resident of the State, |
6 | | at such library.
|
7 | | 2. The principal, or a qualified person designated by |
8 | | the principal, of
any high school, elementary school, or |
9 | | vocational school situated
within the election |
10 | | jurisdiction, who may accept the registrations of any
|
11 | | resident of the State, at such school. The board of |
12 | | election
commissioners shall notify every principal and |
13 | | vice-principal of each high
school, elementary school, and |
14 | | vocational school situated in the election
jurisdiction of |
15 | | their eligibility to serve as deputy registrars and offer
|
16 | | training courses for service as deputy registrars at |
17 | | conveniently located
facilities at least 4 months prior to |
18 | | every election.
|
19 | | 3. The president, or a qualified person designated by |
20 | | the president, of
any university, college, community |
21 | | college, academy, or other institution
of learning |
22 | | situated within the State, who may accept the
|
23 | | registrations of any resident of the election |
24 | | jurisdiction, at such university,
college, community |
25 | | college, academy, or institution.
|
26 | | 4. A duly elected or appointed official of a bona fide |
|
| | 10300SB2123ham004 | - 32 - | LRB103 26875 BMS 62242 a |
|
|
1 | | labor
organization, or a reasonable number of qualified |
2 | | members designated
by such official, who may accept the |
3 | | registrations of any qualified
resident of the State.
|
4 | | 5. A duly elected or appointed official of a bona fide |
5 | | State civic
organization, as defined and determined by |
6 | | rule of the State Board of
Elections, or qualified members |
7 | | designated by such official, who may accept
the |
8 | | registration of any qualified resident of the State.
In |
9 | | determining the number of deputy registrars that shall be |
10 | | appointed,
the board of election commissioners shall |
11 | | consider the population of the
jurisdiction, the size of |
12 | | the organization, the geographic size of the
jurisdiction, |
13 | | convenience for the public, the existing number of deputy
|
14 | | registrars in the jurisdiction and their location, the |
15 | | registration
activities of the organization and the need |
16 | | to appoint deputy registrars to
assist and facilitate the |
17 | | registration of non-English speaking individuals.
In no |
18 | | event shall a board of election commissioners fix an |
19 | | arbitrary
number applicable to every civic organization |
20 | | requesting appointment of its
members as deputy |
21 | | registrars. The State Board of Elections shall by rule
|
22 | | provide for certification of bona fide State civic |
23 | | organizations. Such
appointments shall be made for a |
24 | | period not to exceed 2 years, terminating
on the first |
25 | | business day of the month following the month of the |
26 | | general
election, and shall be valid for all periods of |
|
| | 10300SB2123ham004 | - 33 - | LRB103 26875 BMS 62242 a |
|
|
1 | | voter registration as
provided by this Code during the |
2 | | terms of such appointments.
|
3 | | 6.
The Director of Healthcare and Family Services, or |
4 | | a
reasonable number of employees designated by the |
5 | | Director and located at
public aid offices, who may accept |
6 | | the registration of any qualified
resident of the election |
7 | | jurisdiction at any such public aid office.
|
8 | | 7.
The Director of the Illinois Department of |
9 | | Employment Security, or a
reasonable number of employees |
10 | | designated by the Director and located at
unemployment |
11 | | offices, who may accept the registration of any qualified
|
12 | | resident of the election jurisdiction at any such |
13 | | unemployment office.
If the request to be appointed as |
14 | | deputy registrar is denied, the board
of election |
15 | | commissioners shall, within 10 days after the date the |
16 | | request
is submitted, provide the affected individual or |
17 | | organization with written
notice setting forth the |
18 | | specific reasons or criteria relied upon to deny
the |
19 | | request to be appointed as deputy registrar.
|
20 | | 8. The president of any corporation, as defined by the |
21 | | Business
Corporation Act of 1983, or a reasonable number |
22 | | of employees designated by
such president, who may accept |
23 | | the registrations of any qualified resident
of the State.
|
24 | | The board of election commissioners may appoint as many |
25 | | additional deputy
registrars as it considers necessary. The |
26 | | board of election commissioners
shall appoint such additional |
|
| | 10300SB2123ham004 | - 34 - | LRB103 26875 BMS 62242 a |
|
|
1 | | deputy registrars in such manner that the
convenience of the |
2 | | public is served, giving due consideration to both
population |
3 | | concentration and area. Some of the additional deputy
|
4 | | registrars shall be selected so that there are an equal number |
5 | | from
each of the 2 major political parties in the election |
6 | | jurisdiction. The
board of election commissioners, in |
7 | | appointing an additional deputy registrar,
shall make the |
8 | | appointment from a list of applicants submitted by the Chair
|
9 | | of the County Central Committee of the applicant's political |
10 | | party. A Chair
of a County Central Committee shall submit a |
11 | | list of applicants to the board
by November 30 of each year. |
12 | | The board may require a Chair of a County
Central Committee to |
13 | | furnish a supplemental list of applicants.
|
14 | | Deputy registrars may accept registrations at any time |
15 | | other than the 27-day period preceding an election. All |
16 | | persons appointed as deputy
registrars shall be registered |
17 | | voters within the election jurisdiction and
shall take and |
18 | | subscribe to the following oath or affirmation:
|
19 | | "I do solemnly swear (or affirm, as the case may be) that I |
20 | | will support
the Constitution of the United States, and the |
21 | | Constitution of the State
of Illinois, and that I will |
22 | | faithfully discharge the duties of the office
of registration |
23 | | officer to the best of my ability and that I will register
no |
24 | | person nor cause the registration of any person except upon |
25 | | his personal
application before me.
|
26 | | ....................................
|
|
| | 10300SB2123ham004 | - 35 - | LRB103 26875 BMS 62242 a |
|
|
1 | | (Signature of Registration Officer)"
|
2 | | This oath shall be administered and certified to by one of |
3 | | the commissioners
or by the executive director or by some |
4 | | person designated by the board of
election commissioners, and |
5 | | shall immediately thereafter be filed with the
board of |
6 | | election commissioners. The members of the board of election
|
7 | | commissioners and all persons authorized by them under the |
8 | | provisions of
this Article to take registrations, after |
9 | | themselves taking and subscribing
to the above oath, are |
10 | | authorized to take or administer such oaths and
execute such |
11 | | affidavits as are required by this Article.
|
12 | | Appointments of deputy registrars under this Section, |
13 | | except precinct committeepersons, shall be for 2-year terms, |
14 | | commencing on December 1 following
the general election of |
15 | | each even-numbered year, except that the terms of
the initial |
16 | | appointments shall be until December 1st following the next
|
17 | | general election. Appointments of precinct committeepersons |
18 | | shall be for 2-year
terms commencing on the date of the county |
19 | | convention following the general
primary at which they were |
20 | | elected and ending on the date immediately preceding the date |
21 | | of the next county convention, which may be held by audio or |
22 | | video conference . The county clerk shall issue a
certificate |
23 | | of appointment to each deputy registrar, and shall maintain in
|
24 | | his office for public inspection a list of the names of all |
25 | | appointees.
|
26 | | (b) The board of election commissioners shall be |
|
| | 10300SB2123ham004 | - 36 - | LRB103 26875 BMS 62242 a |
|
|
1 | | responsible for training
all deputy registrars appointed |
2 | | pursuant to subsection (a), at times and
locations reasonably |
3 | | convenient for both the board of election commissioners
and |
4 | | such appointees. The board of election commissioners shall be |
5 | | responsible
for certifying and supervising all deputy |
6 | | registrars appointed pursuant
to subsection (a). Deputy |
7 | | registrars appointed under subsection (a) shall
be subject to |
8 | | removal for cause.
|
9 | | (c)
Completed registration materials under the control of |
10 | | deputy
registrars appointed pursuant to subsection (a) shall |
11 | | be returned to the
appointing election authority by |
12 | | first-class mail within 2 business days or personal delivery |
13 | | within 7 days, except that completed registration
materials |
14 | | received by the deputy registrars during the period between |
15 | | the
35th and 28th day preceding an election shall be returned |
16 | | by the
deputy
registrars to the appointing election authority |
17 | | within 48 hours after receipt
thereof. The completed |
18 | | registration materials received by the deputy
registrars on |
19 | | the 28th day preceding an election shall be returned
by the
|
20 | | deputy registrars within 24 hours after receipt thereof. |
21 | | Unused materials
shall be returned by deputy registrars |
22 | | appointed pursuant to paragraph 4 of
subsection (a), not later |
23 | | than the next working day following the close of
registration.
|
24 | | (d) The county clerk or board of election commissioners, |
25 | | as the case may
be, must provide any additional forms |
26 | | requested by any deputy registrar
regardless of the number of |
|
| | 10300SB2123ham004 | - 37 - | LRB103 26875 BMS 62242 a |
|
|
1 | | unaccounted registration forms the deputy registrar
may have |
2 | | in his or her possession.
|
3 | | (e) No deputy registrar shall engage in any electioneering |
4 | | or the promotion
of any cause during the performance of his or |
5 | | her duties.
|
6 | | (f) The board of election commissioners shall not be |
7 | | criminally or
civilly liable for the acts or omissions of any |
8 | | deputy registrar. Such
deputy registrars shall not be deemed |
9 | | to be employees of the board of
election commissioners.
|
10 | | (g) Completed registration materials returned by deputy |
11 | | registrars for persons residing outside the election |
12 | | jurisdiction shall be transmitted by the board of election |
13 | | commissioners within 2 days after receipt to the election |
14 | | authority of the person's election jurisdiction of residence.
|
15 | | (Source: P.A. 102-558, eff. 8-20-21.)
|
16 | | (10 ILCS 5/7-8) (from Ch. 46, par. 7-8)
|
17 | | (Text of Section before amendment by P.A. 102-15 )
|
18 | | Sec. 7-8. The State central committee shall be composed of |
19 | | one or two
members from each congressional district in the |
20 | | State and shall be elected as
follows:
|
21 | | State Central Committee
|
22 | | (a) Within 30 days after January 1, 1984 (the effective |
23 | | date of Public Act 83-33), the State central committee of each |
24 | | political party shall certify to
the State Board of Elections |
25 | | which of the following alternatives it wishes
to apply to the |
|
| | 10300SB2123ham004 | - 38 - | LRB103 26875 BMS 62242 a |
|
|
1 | | State central committee of that party.
|
2 | | Alternative A. At the primary in
1970 and at the general |
3 | | primary election held every 4 years thereafter, each primary
|
4 | | elector may vote for one candidate of his party for member of |
5 | | the State
central committee for the congressional district in |
6 | | which he resides.
The candidate receiving the highest number |
7 | | of votes shall be declared
elected State central |
8 | | committeeperson from the district. A political party
may, in |
9 | | lieu of the foregoing, by a majority vote of delegates at any |
10 | | State
convention of such party, determine to thereafter elect |
11 | | the State central committeepersons
in the manner following:
|
12 | | At the county convention held by such political party, |
13 | | State central committeepersons
shall be elected in the same |
14 | | manner as provided in this
Article for the election of |
15 | | officers of the county central committee, and
such election |
16 | | shall follow the election of officers of the county central
|
17 | | committee. Each elected ward, township or precinct |
18 | | committeeperson shall cast
as his vote one vote for each |
19 | | ballot voted in his ward, township, part of a
township or |
20 | | precinct in the last preceding primary election of his
|
21 | | political party. In the case of a county lying partially |
22 | | within one
congressional district and partially within another |
23 | | congressional district,
each ward, township or precinct |
24 | | committeeperson shall vote only with respect
to the |
25 | | congressional district in which his ward, township, part of a
|
26 | | township or precinct is located. In the case of a |
|
| | 10300SB2123ham004 | - 39 - | LRB103 26875 BMS 62242 a |
|
|
1 | | congressional district
which encompasses more than one county, |
2 | | each ward, township or precinct committeeperson
residing |
3 | | within the congressional district shall cast as his
vote one |
4 | | vote for each ballot voted in his ward, township, part of a
|
5 | | township or precinct in the last preceding primary election of |
6 | | his
political party for one candidate of his party for member |
7 | | of the State
central committee for the congressional district |
8 | | in which he resides and
the Chair of the county central |
9 | | committee shall report the results of
the election to the |
10 | | State Board of Elections. The State Board of Elections
shall |
11 | | certify the candidate receiving the highest number of votes |
12 | | elected
State central committeeperson for that congressional |
13 | | district.
|
14 | | The State central committee shall adopt rules to provide |
15 | | for and govern
the procedures to be followed in the election of |
16 | | members of the State central
committee.
|
17 | | After August 6, 1999 (the
effective date of Public Act |
18 | | 91-426), whenever a vacancy occurs in the office of Chair of a |
19 | | State
central committee, or at the end of the term of office of |
20 | | Chair, the State
central committee of each political party |
21 | | that has selected Alternative A shall
elect a Chair who shall |
22 | | not be required to be a member of the State Central
Committee. |
23 | | The Chair shall be a
registered voter in this State and of the |
24 | | same political party as the State
central committee.
|
25 | | Alternative B. Each congressional committee shall, within |
26 | | 30 days after
the adoption of this alternative, appoint a |
|
| | 10300SB2123ham004 | - 40 - | LRB103 26875 BMS 62242 a |
|
|
1 | | person of the sex opposite that
of the incumbent member for |
2 | | that congressional district to serve as an
additional member |
3 | | of the State central committee until his or her successor
is |
4 | | elected at the general primary election in 1986. Each |
5 | | congressional
committee shall make this appointment by voting |
6 | | on the basis set forth in
paragraph (e) of this Section. In |
7 | | each congressional district at the
general primary election |
8 | | held in 1986 and every 4 years thereafter, the
male candidate |
9 | | receiving the highest number of votes of the party's male
|
10 | | candidates for State central committeeman, and the female |
11 | | candidate
receiving the highest number of votes of the party's |
12 | | female candidates for
State central committeewoman, shall be |
13 | | declared elected State central
committeeman and State central |
14 | | committeewoman from the district. At the
general primary |
15 | | election held in 1986 and every 4 years thereafter, if all a
|
16 | | party's candidates for State central committeemen or State |
17 | | central
committeewomen from a congressional district are of |
18 | | the same sex, the candidate
receiving the highest number of |
19 | | votes shall be declared elected a State central
committeeman |
20 | | or State central committeewoman from the district, and, |
21 | | because of
a failure to elect one male and one female to the |
22 | | committee, a vacancy shall be
declared to exist in the office |
23 | | of the second member of the State central
committee from the |
24 | | district. This vacancy shall be filled by appointment by
the |
25 | | congressional committee of the political party, and the person |
26 | | appointed to
fill the vacancy shall be a resident of the |
|
| | 10300SB2123ham004 | - 41 - | LRB103 26875 BMS 62242 a |
|
|
1 | | congressional district and of the
sex opposite that of the |
2 | | committeeman or committeewoman elected at the general
primary |
3 | | election. Each congressional committee shall make this |
4 | | appointment by
voting on the basis set forth in paragraph (e) |
5 | | of this Section.
|
6 | | The Chair of a State central committee composed as |
7 | | provided in this
Alternative B must be selected from the |
8 | | committee's members. |
9 | | Beginning on the effective date of this amendatory Act of |
10 | | the 103rd General Assembly, a State central committee |
11 | | organized under Alternative B shall include as an ex officio |
12 | | member any person affiliated with the same political party |
13 | | serving as the President of the Senate or Speaker of the House |
14 | | of Representatives.
|
15 | | Except as provided for in Alternative A with respect to |
16 | | the selection of
the Chair of the State central committee and |
17 | | for in Alternative B with respect to the President of the |
18 | | Senate and the Speaker of the House of Representatives , under |
19 | | both of the foregoing
alternatives, the
State
central
|
20 | | committee of each political party shall be composed of members |
21 | | elected
or appointed from the several congressional districts |
22 | | of the State,
and of no other person or persons whomsoever. The |
23 | | members of the State
central committee shall, within 41 days |
24 | | after each quadrennial election of
the full committee, meet in |
25 | | the city of Springfield and organize
by electing a Chair, and |
26 | | may at such time
elect such officers from among their own |
|
| | 10300SB2123ham004 | - 42 - | LRB103 26875 BMS 62242 a |
|
|
1 | | number (or otherwise), as they
may deem necessary or |
2 | | expedient. The outgoing chair of the State
central committee |
3 | | of the party shall, 10 days before the meeting, notify
each |
4 | | member of the State central committee elected at the primary |
5 | | of the
time and place of such meeting. In the organization and |
6 | | proceedings of
the State central committee, each person |
7 | | elected or appointed State central committeeman and State
|
8 | | central committeewoman shall have one vote for each ballot |
9 | | voted in his or her
congressional district by the primary |
10 | | electors of his or her party at the
primary election |
11 | | immediately preceding the meeting of the State central
|
12 | | committee. Whenever a vacancy occurs in the State central |
13 | | committee of any
political party, the vacancy shall be filled |
14 | | by appointment of
the chairmen of the county central |
15 | | committees of the
political party
of the counties located |
16 | | within the congressional district in which the vacancy
occurs |
17 | | and,
if applicable, the ward and township committeepersons of |
18 | | the
political
party in counties of 2,000,000 or more |
19 | | inhabitants located within the
congressional
district. If the |
20 | | congressional district in which the vacancy occurs lies
wholly |
21 | | within a
county of 2,000,000 or more inhabitants, the ward and |
22 | | township committeepersons
of the political party in that |
23 | | congressional district shall vote to fill the
vacancy. In |
24 | | voting to fill the vacancy, each chair of a county central
|
25 | | committee and
each ward and township committeeperson in |
26 | | counties of 2,000,000
or
more inhabitants shall have one vote |
|
| | 10300SB2123ham004 | - 43 - | LRB103 26875 BMS 62242 a |
|
|
1 | | for each ballot voted in each precinct of
the congressional |
2 | | district in which the vacancy exists of
his or her
county, |
3 | | township, or ward cast by the primary electors of his or her |
4 | | party
at the
primary election immediately preceding the |
5 | | meeting to fill the vacancy in the
State
central committee. |
6 | | The person appointed to fill the vacancy shall be a
resident of |
7 | | the
congressional district in which the vacancy occurs, shall |
8 | | be a qualified voter,
and, in a committee composed as provided |
9 | | in Alternative B, shall be of the
same
sex as his or her
|
10 | | predecessor. A political party may, by a majority vote of the
|
11 | | delegates of any State convention of such party, determine to |
12 | | return
to the election of State central committeeman and State |
13 | | central
committeewoman by the vote of primary electors.
Any |
14 | | action taken by a political party at a State convention in |
15 | | accordance
with this Section shall be reported to the State |
16 | | Board of Elections by the chair
and secretary of such |
17 | | convention within 10 days after such action.
|
18 | | Ward, Township and Precinct Committeepersons
|
19 | | (b) At the primary in 1972 and
at the general primary |
20 | | election every 4 years thereafter, each primary elector in |
21 | | cities having a
population of 200,000 or over may vote for one |
22 | | candidate of his party in
his ward for ward committeeperson. |
23 | | Each candidate for ward committeeperson
must be a resident of |
24 | | and in the ward where he seeks to be elected ward |
25 | | committeeperson. The one having the highest number of votes |
26 | | shall be such
ward committeeperson of such party for such |
|
| | 10300SB2123ham004 | - 44 - | LRB103 26875 BMS 62242 a |
|
|
1 | | ward. At the primary election
in 1970 and at the general |
2 | | primary election every 4 years thereafter,
each primary |
3 | | elector in counties containing a population of 2,000,000 or
|
4 | | more, outside of cities containing a population of 200,000 or |
5 | | more, may
vote for one candidate of his party for township |
6 | | committeeperson. Each
candidate for township committeeperson |
7 | | must be a resident of and in the
township or part of a township |
8 | | (which lies outside of a city having a
population of 200,000 or |
9 | | more, in counties containing a population of
2,000,000 or |
10 | | more), and in which township or part of a township he seeks
to |
11 | | be elected township committeeperson. The one having the |
12 | | highest number
of votes shall be such township committeeperson |
13 | | of such party for such
township or part of a township. At the |
14 | | primary
in 1970 and at the general primary election every 2 |
15 | | years thereafter, each primary elector,
except in counties |
16 | | having a population of 2,000,000 or over, may vote
for one |
17 | | candidate of his party in his precinct for precinct |
18 | | committeeperson. Each candidate for precinct committeeperson |
19 | | must be a bona
fide resident of the precinct where he seeks to |
20 | | be elected precinct committeeperson. The one having the |
21 | | highest number of votes shall be such
precinct committeeperson |
22 | | of such party for such precinct. The official
returns of the |
23 | | primary shall show the name of the committeeperson of each
|
24 | | political party.
|
25 | | Terms of Committeepersons. All precinct committeepersons |
26 | | elected under the
provisions of this Article shall continue as |
|
| | 10300SB2123ham004 | - 45 - | LRB103 26875 BMS 62242 a |
|
|
1 | | such committeepersons until the
date of the primary to be held |
2 | | in the second year after their election.
Except as otherwise |
3 | | provided in this Section for certain State central |
4 | | committeepersons
who have 2 year terms, all State central |
5 | | committeepersons, township committeepersons
and ward |
6 | | committeepersons shall continue as such committeepersons
until |
7 | | the date of primary to be held in the fourth year after their
|
8 | | election. However, a vacancy exists in the office of precinct |
9 | | committeeperson
when a precinct committeeperson ceases to |
10 | | reside in the precinct in which he
was elected and such |
11 | | precinct committeeperson shall thereafter neither have
nor |
12 | | exercise any rights, powers or duties as committeeperson in |
13 | | that precinct,
even if a successor has not been elected or |
14 | | appointed.
|
15 | | (c) The Multi-Township Central Committee shall consist of |
16 | | the precinct committeepersons
of such party, in the |
17 | | multi-township assessing district formed
pursuant to Section |
18 | | 2-10 of the Property Tax Code and shall be organized for the |
19 | | purposes set forth in Section
45-25 of the Township Code. In |
20 | | the organization and proceedings of the
Multi-Township Central |
21 | | Committee each precinct committeeperson shall have one vote
|
22 | | for each ballot voted in his precinct by the primary electors |
23 | | of his party at
the primary at which he was elected.
|
24 | | County Central Committee
|
25 | | (d) The county central committee of each political party |
26 | | in each
county shall consist of the various township |
|
| | 10300SB2123ham004 | - 46 - | LRB103 26875 BMS 62242 a |
|
|
1 | | committeepersons, precinct committeepersons
and ward |
2 | | committeepersons, if any, of such party in the county.
In the |
3 | | organization and proceedings of the county central committee,
|
4 | | each precinct committeeperson shall have one vote for each |
5 | | ballot voted in
his precinct by the primary electors of his |
6 | | party at the primary at
which he was elected; each township |
7 | | committeeperson shall have one vote for
each ballot voted in |
8 | | his township or part of a township as the case may
be by the |
9 | | primary electors of his party at the primary election
for the |
10 | | nomination of candidates for election to the General Assembly
|
11 | | immediately preceding the meeting of the county central |
12 | | committee; and
in the organization and proceedings of the |
13 | | county central committee,
each ward committeeperson shall have |
14 | | one vote for each ballot voted in his
ward by the primary |
15 | | electors of his party at the primary election
for the |
16 | | nomination of candidates for election to the General Assembly
|
17 | | immediately preceding the meeting of the county central |
18 | | committee.
|
19 | | Cook County Board of Review Election District Committee
|
20 | | (d-1) Each board of review election district committee of |
21 | | each political
party in Cook County shall consist of the
|
22 | | various township committeepersons and ward committeepersons, |
23 | | if any, of that party in
the portions of the county composing |
24 | | the board of review election district. In
the organization and |
25 | | proceedings of each of the 3 election
district committees, |
26 | | each township committeeperson shall have one vote for each
|
|
| | 10300SB2123ham004 | - 47 - | LRB103 26875 BMS 62242 a |
|
|
1 | | ballot voted in his or her township or part of a township, as |
2 | | the case may be,
by
the primary electors of his or her party at |
3 | | the primary election immediately
preceding the meeting of the |
4 | | board of review election district committee; and
in the |
5 | | organization and proceedings of each of the 3 election |
6 | | district
committees, each ward committeeperson shall have one |
7 | | vote for each
ballot voted in
his or her ward or part of that |
8 | | ward, as the case may be, by the primary
electors of his or her |
9 | | party at the primary election immediately preceding the
|
10 | | meeting of the board of review election district committee.
|
11 | | Congressional Committee
|
12 | | (e) The congressional committee of each party in each |
13 | | congressional
district shall be composed of the chairmen of |
14 | | the county central
committees of the counties composing the |
15 | | congressional district, except
that in congressional districts |
16 | | wholly within the territorial limits of
one county, the |
17 | | precinct committeepersons, township committeepersons and ward |
18 | | committeepersons, if any, of
the party representing the |
19 | | precincts within the limits of the
congressional district, |
20 | | shall compose the congressional committee. A
State central |
21 | | committeeperson in each district shall be a member and the |
22 | | chair
or, when a district has 2 State central |
23 | | committeepersons, a co-chairperson
of the congressional |
24 | | committee, but shall not have the right to
vote except in case |
25 | | of a tie.
|
26 | | In the organization and proceedings of congressional |
|
| | 10300SB2123ham004 | - 48 - | LRB103 26875 BMS 62242 a |
|
|
1 | | committees
composed of precinct committeepersons or township |
2 | | committeepersons or ward committeepersons, or any combination |
3 | | thereof, each precinct committeeperson
shall have one vote for |
4 | | each ballot voted in his precinct by the primary
electors of |
5 | | his party at the primary at which he was elected, each
township |
6 | | committeeperson shall have one vote for each ballot voted in |
7 | | his
township or part of a township as the case may be by the |
8 | | primary
electors of his party at the primary election |
9 | | immediately preceding the
meeting of the congressional |
10 | | committee, and each ward committeeperson shall
have one vote |
11 | | for each ballot voted in each precinct of his ward located
in |
12 | | such congressional district by the primary electors of his |
13 | | party at
the primary election immediately preceding the |
14 | | meeting of the
congressional committee; and in the |
15 | | organization and proceedings of
congressional committees |
16 | | composed of the chairmen of the county central
committees of |
17 | | the counties within such district, each chair of such
county |
18 | | central committee shall have one vote for each ballot voted in
|
19 | | his county by the primary electors of his party at the primary |
20 | | election
immediately preceding the meeting of the |
21 | | congressional committee.
|
22 | | Judicial District Committee
|
23 | | (f) The judicial district committee of each political |
24 | | party in each
judicial district shall be composed of the chair |
25 | | of the county
central committees of the counties composing the |
26 | | judicial district.
|
|
| | 10300SB2123ham004 | - 49 - | LRB103 26875 BMS 62242 a |
|
|
1 | | In the organization and proceedings of judicial district |
2 | | committees
composed of the chairmen of the county central |
3 | | committees of the
counties within such district, each chair of |
4 | | such county central
committee shall have one vote for each |
5 | | ballot voted in his county by the
primary electors of his party |
6 | | at the primary election immediately
preceding the meeting of |
7 | | the judicial district committee.
|
8 | | Circuit Court Committee
|
9 | | (g) The circuit court committee of each political party in |
10 | | each
judicial circuit outside Cook County shall be composed of |
11 | | the chairmen
of the county central committees of the counties |
12 | | composing the judicial
circuit.
|
13 | | In the organization and proceedings of circuit court |
14 | | committees, each chair
of a county central committee shall |
15 | | have one vote for each
ballot voted in his county by the |
16 | | primary electors of his party at the
primary election |
17 | | immediately preceding the meeting of the circuit court
|
18 | | committee.
|
19 | | Judicial Subcircuit Committee
|
20 | | (g-1) The judicial subcircuit committee of each political |
21 | | party in
each judicial subcircuit in a judicial circuit |
22 | | divided into subcircuits
shall be composed of (i) the ward and |
23 | | township committeepersons
of the townships and wards composing |
24 | | the judicial subcircuit in Cook County and
(ii) the precinct |
25 | | committeepersons of the precincts
composing the judicial |
26 | | subcircuit in any county other than Cook County.
|
|
| | 10300SB2123ham004 | - 50 - | LRB103 26875 BMS 62242 a |
|
|
1 | | In the organization and proceedings of each judicial |
2 | | subcircuit committee,
each township committeeperson shall have |
3 | | one vote for each ballot voted in his
township or part of a |
4 | | township, as the case may be, in the judicial
subcircuit by the |
5 | | primary electors of his party at the primary election
|
6 | | immediately preceding the meeting of the judicial subcircuit |
7 | | committee;
each precinct committeeperson shall have one vote |
8 | | for each ballot voted in his
precinct or part of a precinct, as |
9 | | the case may be, in the judicial subcircuit
by the primary |
10 | | electors of his party at the primary election immediately
|
11 | | preceding the meeting of the judicial subcircuit committee;
|
12 | | and
each ward committeeperson shall have one vote for each |
13 | | ballot voted in his
ward or part of a ward, as the case may be, |
14 | | in the judicial subcircuit by
the primary electors of his |
15 | | party at the primary election immediately
preceding the |
16 | | meeting of the judicial subcircuit committee.
|
17 | | Municipal Central Committee
|
18 | | (h) The municipal central committee of each political |
19 | | party shall be
composed of the precinct, township or ward |
20 | | committeepersons, as the case may
be, of such party |
21 | | representing the precincts or wards, embraced in such
city, |
22 | | incorporated town or village. The voting strength of each
|
23 | | precinct, township or ward committeeperson on the municipal |
24 | | central
committee shall be the same as his voting strength on |
25 | | the county central
committee.
|
26 | | For political parties, other than a statewide political |
|
| | 10300SB2123ham004 | - 51 - | LRB103 26875 BMS 62242 a |
|
|
1 | | party,
established only within a municipality or
township, the |
2 | | municipal or township managing committee shall be composed
of |
3 | | the party officers of the local established party. The party |
4 | | officers
of a local established party shall be as follows: the |
5 | | chair and
secretary of the caucus for those municipalities and |
6 | | townships authorized
by statute to nominate candidates by |
7 | | caucus shall serve as party officers
for the purpose of |
8 | | filling vacancies in nomination under Section
7-61; for |
9 | | municipalities and townships authorized by statute or |
10 | | ordinance
to nominate candidates by petition and primary |
11 | | election, the party officers
shall be the party's candidates |
12 | | who are nominated at the primary. If no party
primary was held |
13 | | because of the provisions of Section 7-5, vacancies in
|
14 | | nomination shall be filled by the party's remaining candidates |
15 | | who shall
serve as the party's officers.
|
16 | | Powers
|
17 | | (i) Each committee and its officers shall have the powers |
18 | | usually
exercised by such committees and by the officers |
19 | | thereof, not
inconsistent with the provisions of this Article. |
20 | | The several committees
herein provided for shall not have |
21 | | power to delegate any of their
powers, or functions to any |
22 | | other person, officer or committee, but this
shall not be |
23 | | construed to prevent a committee from appointing from its
own |
24 | | membership proper and necessary subcommittees.
|
25 | | (j) The State central committee of a political party which |
26 | | elects its
members by Alternative B under paragraph (a) of |
|
| | 10300SB2123ham004 | - 52 - | LRB103 26875 BMS 62242 a |
|
|
1 | | this Section shall adopt a
plan to give effect to the delegate |
2 | | selection rules of the national political
party and file a |
3 | | copy of such plan with the State Board of Elections when
|
4 | | approved by a national political party.
|
5 | | (k) For the purpose of the designation of a proxy by a |
6 | | Congressional
Committee to vote in place of an
absent State |
7 | | central committeeman or committeewoman at meetings of the
|
8 | | State central committee of a political party which elects its |
9 | | members by
Alternative B under paragraph (a) of this Section, |
10 | | the proxy shall be
appointed by the vote of the ward and |
11 | | township committeepersons, if any, of the
wards and townships |
12 | | which lie entirely or partially within the
Congressional |
13 | | District from which the absent State central committeeman or
|
14 | | committeewoman was elected and the vote of the chairmen of the |
15 | | county
central committees of those counties which lie entirely |
16 | | or partially within
that Congressional District and in which |
17 | | there are no ward or township committeepersons. When voting |
18 | | for such proxy, the county chair, ward committeeperson
or |
19 | | township committeeperson, as the case may be, shall have one
|
20 | | vote for each ballot voted in his county, ward or township, or |
21 | | portion
thereof within the Congressional District, by the |
22 | | primary electors of his
party at the primary at which he was |
23 | | elected. However, the absent State
central committeeman or |
24 | | committeewoman may designate a proxy when permitted
by the |
25 | | rules of a political party which elects its members by |
26 | | Alternative B
under paragraph (a) of this Section.
|
|
| | 10300SB2123ham004 | - 53 - | LRB103 26875 BMS 62242 a |
|
|
1 | | Notwithstanding any law to the contrary, a person is |
2 | | ineligible to hold the position of committeeperson in any |
3 | | committee established pursuant to this Section if he or she is |
4 | | statutorily ineligible to vote in a general election because |
5 | | of conviction of a felony. When a committeeperson is convicted |
6 | | of a felony, the position occupied by that committeeperson |
7 | | shall automatically become vacant.
|
8 | | (Source: P.A. 100-201, eff. 8-18-17; 100-1027, eff. 1-1-19 .)
|
9 | | (Text of Section after amendment by P.A. 102-15 )
|
10 | | Sec. 7-8. The State central committee shall be composed of |
11 | | one or two
members from each congressional district in the |
12 | | State and shall be elected as
follows:
|
13 | | State Central Committee
|
14 | | (a) Within 30 days after January 1, 1984 (the effective |
15 | | date of Public Act 83-33), the State central committee of each |
16 | | political party shall certify to
the State Board of Elections |
17 | | which of the following alternatives it wishes
to apply to the |
18 | | State central committee of that party.
|
19 | | Alternative A. At the primary in
1970 and at the general |
20 | | primary election held every 4 years thereafter, each primary
|
21 | | elector may vote for one candidate of his party for member of |
22 | | the State
central committee for the congressional district in |
23 | | which he resides.
The candidate receiving the highest number |
24 | | of votes shall be declared
elected State central |
25 | | committeeperson from the district. A political party
may, in |
|
| | 10300SB2123ham004 | - 54 - | LRB103 26875 BMS 62242 a |
|
|
1 | | lieu of the foregoing, by a majority vote of delegates at any |
2 | | State
convention of such party, determine to thereafter elect |
3 | | the State central committeepersons
in the manner following:
|
4 | | At the county convention held by such political party, |
5 | | State central committeepersons
shall be elected in the same |
6 | | manner as provided in this
Article for the election of |
7 | | officers of the county central committee, and
such election |
8 | | shall follow the election of officers of the county central
|
9 | | committee. Each elected ward, township or precinct |
10 | | committeeperson shall cast
as his vote one vote for each |
11 | | ballot voted in his ward, township, part of a
township or |
12 | | precinct in the last preceding primary election of his
|
13 | | political party. In the case of a county lying partially |
14 | | within one
congressional district and partially within another |
15 | | congressional district,
each ward, township or precinct |
16 | | committeeperson shall vote only with respect
to the |
17 | | congressional district in which his ward, township, part of a
|
18 | | township or precinct is located. In the case of a |
19 | | congressional district
which encompasses more than one county, |
20 | | each ward, township or precinct committeeperson
residing |
21 | | within the congressional district shall cast as his
vote one |
22 | | vote for each ballot voted in his ward, township, part of a
|
23 | | township or precinct in the last preceding primary election of |
24 | | his
political party for one candidate of his party for member |
25 | | of the State
central committee for the congressional district |
26 | | in which he resides and
the Chair of the county central |
|
| | 10300SB2123ham004 | - 55 - | LRB103 26875 BMS 62242 a |
|
|
1 | | committee shall report the results of
the election to the |
2 | | State Board of Elections. The State Board of Elections
shall |
3 | | certify the candidate receiving the highest number of votes |
4 | | elected
State central committeeperson for that congressional |
5 | | district.
|
6 | | The State central committee shall adopt rules to provide |
7 | | for and govern
the procedures to be followed in the election of |
8 | | members of the State central
committee.
|
9 | | After August 6, 1999 (the
effective date of Public Act |
10 | | 91-426), whenever a vacancy occurs in the office of Chair of a |
11 | | State
central committee, or at the end of the term of office of |
12 | | Chair, the State
central committee of each political party |
13 | | that has selected Alternative A shall
elect a Chair who shall |
14 | | not be required to be a member of the State Central
Committee. |
15 | | The Chair shall be a
registered voter in this State and of the |
16 | | same political party as the State
central committee.
|
17 | | Alternative B. Each congressional committee shall, within |
18 | | 30 days after
the adoption of this alternative, appoint a |
19 | | person of a different gender than that
of the incumbent member |
20 | | for that congressional district to serve as an
additional |
21 | | member of the State central committee until the member's |
22 | | successor
is elected at the general primary election in 1986. |
23 | | Each congressional
committee shall make this appointment by |
24 | | voting on the basis set forth in
paragraph (e) of this Section. |
25 | | In each congressional district at the
general primary election |
26 | | held in 1986 and every 4 years thereafter, the person
|
|
| | 10300SB2123ham004 | - 56 - | LRB103 26875 BMS 62242 a |
|
|
1 | | receiving the highest number of votes for State central |
2 | | committeeperson, and the person of a different gender
|
3 | | receiving the highest number of votes, shall be declared |
4 | | elected State central
committeepersons from the district. At |
5 | | the
general primary election held in 1986 and every 4 years |
6 | | thereafter, if all a
party's candidates for State central |
7 | | committeeperson from a congressional district are of the same |
8 | | gender, the candidate
receiving the highest number of votes |
9 | | shall be declared elected a State central committeeperson
from |
10 | | the district, and, because of
a failure to elect 2 persons from |
11 | | different genders to the committee, a vacancy shall be
|
12 | | declared to exist in the office of the second member of the |
13 | | State central
committee from the district. This vacancy shall |
14 | | be filled by appointment by
the congressional committee of the |
15 | | political party, and the person appointed to
fill the vacancy |
16 | | shall be a resident of the congressional district and of a |
17 | | different gender than the committeeperson elected at the |
18 | | general
primary election. Each congressional committee shall |
19 | | make this appointment by
voting on the basis set forth in |
20 | | paragraph (e) of this Section.
|
21 | | The Chair of a State central committee composed as |
22 | | provided in this
Alternative B must be selected from the |
23 | | committee's members. |
24 | | Beginning on the effective date of this amendatory Act of |
25 | | the 103rd General Assembly, a State central committee |
26 | | organized under Alternative B shall include as an ex officio |
|
| | 10300SB2123ham004 | - 57 - | LRB103 26875 BMS 62242 a |
|
|
1 | | member any person affiliated with the same political party |
2 | | serving as the President of the Senate or Speaker of the House |
3 | | of Representatives.
|
4 | | Except as provided for in Alternative A with respect to |
5 | | the selection of
the Chair of the State central committee and |
6 | | for in Alternative B with respect to the President of the |
7 | | Senate and the Speaker of the House of Representatives , under |
8 | | both of the foregoing
alternatives, the
State
central
|
9 | | committee of each political party shall be composed of members |
10 | | elected
or appointed from the several congressional districts |
11 | | of the State,
and of no other person or persons whomsoever. The |
12 | | members of the State
central committee shall, within 41 days |
13 | | after each quadrennial election of
the full committee, meet in |
14 | | the city of Springfield and organize
by electing a Chair, and |
15 | | may at such time
elect such officers from among their own |
16 | | number (or otherwise), as they
may deem necessary or |
17 | | expedient. The outgoing chair of the State
central committee |
18 | | of the party shall, 10 days before the meeting, notify
each |
19 | | member of the State central committee elected at the primary |
20 | | of the
time and place of such meeting. In the organization and |
21 | | proceedings of
the State central committee, the 2 elected or |
22 | | appointed committeepersons shall each have one vote for each |
23 | | ballot voted in their
congressional district by the primary |
24 | | electors of the committeepersons' party at the
primary |
25 | | election immediately preceding the meeting of the State |
26 | | central
committee. Whenever a vacancy occurs in the State |
|
| | 10300SB2123ham004 | - 58 - | LRB103 26875 BMS 62242 a |
|
|
1 | | central committee of any
political party, the vacancy shall be |
2 | | filled by appointment of
the chairmen of the county central |
3 | | committees of the
political party
of the counties located |
4 | | within the congressional district in which the vacancy
occurs |
5 | | and,
if applicable, the ward and township committeepersons of |
6 | | the
political
party in counties of 2,000,000 or more |
7 | | inhabitants located within the
congressional
district. If the |
8 | | congressional district in which the vacancy occurs lies
wholly |
9 | | within a
county of 2,000,000 or more inhabitants, the ward and |
10 | | township committeepersons
of the political party in that |
11 | | congressional district shall vote to fill the
vacancy. In |
12 | | voting to fill the vacancy, each chair of a county central
|
13 | | committee and
each ward and township committeeperson in |
14 | | counties of 2,000,000
or
more inhabitants shall have one vote |
15 | | for each ballot voted in each precinct of
the congressional |
16 | | district in which the vacancy exists of the chair's or |
17 | | committeeperson's
county, township, or ward cast by the |
18 | | primary electors of the chair's or committeeperson's party
at |
19 | | the
primary election immediately preceding the meeting to fill |
20 | | the vacancy in the
State
central committee. The person |
21 | | appointed to fill the vacancy shall be a
resident of the
|
22 | | congressional district in which the vacancy occurs, shall be a |
23 | | qualified voter,
and, in a committee composed as provided in |
24 | | Alternative B, shall be of the same gender as the appointee's
|
25 | | predecessor. A political party may, by a majority vote of the
|
26 | | delegates of any State convention of such party, determine to |
|
| | 10300SB2123ham004 | - 59 - | LRB103 26875 BMS 62242 a |
|
|
1 | | return
to the election of State central committeepersons by |
2 | | the vote of primary electors.
Any action taken by a political |
3 | | party at a State convention in accordance
with this Section |
4 | | shall be reported to the State Board of Elections by the chair
|
5 | | and secretary of such convention within 10 days after such |
6 | | action.
|
7 | | Ward, Township and Precinct Committeepersons
|
8 | | (b) At the primary in 1972 and
at the general primary |
9 | | election every 4 years thereafter, each primary elector in |
10 | | cities having a
population of 200,000 or over may vote for one |
11 | | candidate of his party in
his ward for ward committeeperson. |
12 | | Each candidate for ward committeeperson
must be a resident of |
13 | | and in the ward where he seeks to be elected ward |
14 | | committeeperson. The one having the highest number of votes |
15 | | shall be such
ward committeeperson of such party for such |
16 | | ward. At the primary election
in 1970 and at the general |
17 | | primary election every 4 years thereafter,
each primary |
18 | | elector in counties containing a population of 2,000,000 or
|
19 | | more, outside of cities containing a population of 200,000 or |
20 | | more, may
vote for one candidate of his party for township |
21 | | committeeperson. Each
candidate for township committeeperson |
22 | | must be a resident of and in the
township or part of a township |
23 | | (which lies outside of a city having a
population of 200,000 or |
24 | | more, in counties containing a population of
2,000,000 or |
25 | | more), and in which township or part of a township he seeks
to |
26 | | be elected township committeeperson. The one having the |
|
| | 10300SB2123ham004 | - 60 - | LRB103 26875 BMS 62242 a |
|
|
1 | | highest number
of votes shall be such township committeeperson |
2 | | of such party for such
township or part of a township. At the |
3 | | primary
in 1970 and at the general primary election every 2 |
4 | | years thereafter, each primary elector,
except in counties |
5 | | having a population of 2,000,000 or over, may vote
for one |
6 | | candidate of his party in his precinct for precinct |
7 | | committeeperson. Each candidate for precinct committeeperson |
8 | | must be a bona
fide resident of the precinct where he seeks to |
9 | | be elected precinct committeeperson. The one having the |
10 | | highest number of votes shall be such
precinct committeeperson |
11 | | of such party for such precinct. The official
returns of the |
12 | | primary shall show the name of the committeeperson of each
|
13 | | political party.
|
14 | | Terms of Committeepersons. All precinct committeepersons |
15 | | elected under the
provisions of this Article shall continue as |
16 | | such committeepersons until the
date of the primary to be held |
17 | | in the second year after their election.
Except as otherwise |
18 | | provided in this Section for certain State central |
19 | | committeepersons
who have 2 year terms, all State central |
20 | | committeepersons, township committeepersons
and ward |
21 | | committeepersons shall continue as such committeepersons
until |
22 | | the date of primary to be held in the fourth year after their
|
23 | | election. However, a vacancy exists in the office of precinct |
24 | | committeeperson
when a precinct committeeperson ceases to |
25 | | reside in the precinct in which he
was elected and such |
26 | | precinct committeeperson shall thereafter neither have
nor |
|
| | 10300SB2123ham004 | - 61 - | LRB103 26875 BMS 62242 a |
|
|
1 | | exercise any rights, powers or duties as committeeperson in |
2 | | that precinct,
even if a successor has not been elected or |
3 | | appointed.
|
4 | | (c) The Multi-Township Central Committee shall consist of |
5 | | the precinct committeepersons
of such party, in the |
6 | | multi-township assessing district formed
pursuant to Section |
7 | | 2-10 of the Property Tax Code and shall be organized for the |
8 | | purposes set forth in Section
45-25 of the Township Code. In |
9 | | the organization and proceedings of the
Multi-Township Central |
10 | | Committee each precinct committeeperson shall have one vote
|
11 | | for each ballot voted in his precinct by the primary electors |
12 | | of his party at
the primary at which he was elected.
|
13 | | County Central Committee
|
14 | | (d) The county central committee of each political party |
15 | | in each
county shall consist of the various township |
16 | | committeepersons, precinct committeepersons
and ward |
17 | | committeepersons, if any, of such party in the county.
In the |
18 | | organization and proceedings of the county central committee,
|
19 | | each precinct committeeperson shall have one vote for each |
20 | | ballot voted in
his precinct by the primary electors of his |
21 | | party at the primary at
which he was elected; each township |
22 | | committeeperson shall have one vote for
each ballot voted in |
23 | | his township or part of a township as the case may
be by the |
24 | | primary electors of his party at the primary election
for the |
25 | | nomination of candidates for election to the General Assembly
|
26 | | immediately preceding the meeting of the county central |
|
| | 10300SB2123ham004 | - 62 - | LRB103 26875 BMS 62242 a |
|
|
1 | | committee; and
in the organization and proceedings of the |
2 | | county central committee,
each ward committeeperson shall have |
3 | | one vote for each ballot voted in his
ward by the primary |
4 | | electors of his party at the primary election
for the |
5 | | nomination of candidates for election to the General Assembly
|
6 | | immediately preceding the meeting of the county central |
7 | | committee.
|
8 | | Cook County Board of Review Election District Committee
|
9 | | (d-1) Each board of review election district committee of |
10 | | each political
party in Cook County shall consist of the
|
11 | | various township committeepersons and ward committeepersons, |
12 | | if any, of that party in
the portions of the county composing |
13 | | the board of review election district. In
the organization and |
14 | | proceedings of each of the 3 election
district committees, |
15 | | each township committeeperson shall have one vote for each
|
16 | | ballot voted in the committeeperson's township or part of a |
17 | | township, as the case may be,
by
the primary electors of the |
18 | | committeeperson's party at the primary election immediately
|
19 | | preceding the meeting of the board of review election district |
20 | | committee; and
in the organization and proceedings of each of |
21 | | the 3 election district
committees, each ward committeeperson |
22 | | shall have one vote for each
ballot voted in the |
23 | | committeeperson's
ward or part of that ward, as the case may |
24 | | be, by the primary
electors of the committeeperson's party at |
25 | | the primary election immediately preceding the
meeting of the |
26 | | board of review election district committee.
|
|
| | 10300SB2123ham004 | - 63 - | LRB103 26875 BMS 62242 a |
|
|
1 | | Congressional Committee
|
2 | | (e) The congressional committee of each party in each |
3 | | congressional
district shall be composed of the chairmen of |
4 | | the county central
committees of the counties composing the |
5 | | congressional district, except
that in congressional districts |
6 | | wholly within the territorial limits of
one county, the |
7 | | precinct committeepersons, township committeepersons and ward |
8 | | committeepersons, if any, of
the party representing the |
9 | | precincts within the limits of the
congressional district, |
10 | | shall compose the congressional committee. A
State central |
11 | | committeeperson in each district shall be a member and the |
12 | | chair
or, when a district has 2 State central |
13 | | committeepersons, a co-chairperson
of the congressional |
14 | | committee, but shall not have the right to
vote except in case |
15 | | of a tie.
|
16 | | In the organization and proceedings of congressional |
17 | | committees
composed of precinct committeepersons or township |
18 | | committeepersons or ward committeepersons, or any combination |
19 | | thereof, each precinct committeeperson
shall have one vote for |
20 | | each ballot voted in his precinct by the primary
electors of |
21 | | his party at the primary at which he was elected, each
township |
22 | | committeeperson shall have one vote for each ballot voted in |
23 | | his
township or part of a township as the case may be by the |
24 | | primary
electors of his party at the primary election |
25 | | immediately preceding the
meeting of the congressional |
26 | | committee, and each ward committeeperson shall
have one vote |
|
| | 10300SB2123ham004 | - 64 - | LRB103 26875 BMS 62242 a |
|
|
1 | | for each ballot voted in each precinct of his ward located
in |
2 | | such congressional district by the primary electors of his |
3 | | party at
the primary election immediately preceding the |
4 | | meeting of the
congressional committee; and in the |
5 | | organization and proceedings of
congressional committees |
6 | | composed of the chairmen of the county central
committees of |
7 | | the counties within such district, each chair of such
county |
8 | | central committee shall have one vote for each ballot voted in
|
9 | | his county by the primary electors of his party at the primary |
10 | | election
immediately preceding the meeting of the |
11 | | congressional committee.
|
12 | | Judicial District Committee
|
13 | | (f) The judicial district committee of each political |
14 | | party in each
judicial district shall be composed of the chair |
15 | | of the county
central committees of the counties composing the |
16 | | judicial district.
|
17 | | In the organization and proceedings of judicial district |
18 | | committees
composed of the chairmen of the county central |
19 | | committees of the
counties within such district, each chair of |
20 | | such county central
committee shall have one vote for each |
21 | | ballot voted in his county by the
primary electors of his party |
22 | | at the primary election immediately
preceding the meeting of |
23 | | the judicial district committee.
|
24 | | Circuit Court Committee
|
25 | | (g) The circuit court committee of each political party in |
26 | | each
judicial circuit outside Cook County shall be composed of |
|
| | 10300SB2123ham004 | - 65 - | LRB103 26875 BMS 62242 a |
|
|
1 | | the chairmen
of the county central committees of the counties |
2 | | composing the judicial
circuit.
|
3 | | In the organization and proceedings of circuit court |
4 | | committees, each chair
of a county central committee shall |
5 | | have one vote for each
ballot voted in his county by the |
6 | | primary electors of his party at the
primary election |
7 | | immediately preceding the meeting of the circuit court
|
8 | | committee.
|
9 | | Judicial Subcircuit Committee
|
10 | | (g-1) The judicial subcircuit committee of each political |
11 | | party in
each judicial subcircuit in a judicial circuit |
12 | | divided into subcircuits
shall be composed of (i) the ward and |
13 | | township committeepersons
of the townships and wards composing |
14 | | the judicial subcircuit in Cook County and
(ii) the precinct |
15 | | committeepersons of the precincts
composing the judicial |
16 | | subcircuit in any county other than Cook County.
|
17 | | In the organization and proceedings of each judicial |
18 | | subcircuit committee,
each township committeeperson shall have |
19 | | one vote for each ballot voted in his
township or part of a |
20 | | township, as the case may be, in the judicial
subcircuit by the |
21 | | primary electors of his party at the primary election
|
22 | | immediately preceding the meeting of the judicial subcircuit |
23 | | committee;
each precinct committeeperson shall have one vote |
24 | | for each ballot voted in his
precinct or part of a precinct, as |
25 | | the case may be, in the judicial subcircuit
by the primary |
26 | | electors of his party at the primary election immediately
|
|
| | 10300SB2123ham004 | - 66 - | LRB103 26875 BMS 62242 a |
|
|
1 | | preceding the meeting of the judicial subcircuit committee;
|
2 | | and
each ward committeeperson shall have one vote for each |
3 | | ballot voted in his
ward or part of a ward, as the case may be, |
4 | | in the judicial subcircuit by
the primary electors of his |
5 | | party at the primary election immediately
preceding the |
6 | | meeting of the judicial subcircuit committee.
|
7 | | Municipal Central Committee
|
8 | | (h) The municipal central committee of each political |
9 | | party shall be
composed of the precinct, township or ward |
10 | | committeepersons, as the case may
be, of such party |
11 | | representing the precincts or wards, embraced in such
city, |
12 | | incorporated town or village. The voting strength of each
|
13 | | precinct, township or ward committeeperson on the municipal |
14 | | central
committee shall be the same as his voting strength on |
15 | | the county central
committee.
|
16 | | For political parties, other than a statewide political |
17 | | party,
established only within a municipality or
township, the |
18 | | municipal or township managing committee shall be composed
of |
19 | | the party officers of the local established party. The party |
20 | | officers
of a local established party shall be as follows: the |
21 | | chair and
secretary of the caucus for those municipalities and |
22 | | townships authorized
by statute to nominate candidates by |
23 | | caucus shall serve as party officers
for the purpose of |
24 | | filling vacancies in nomination under Section
7-61; for |
25 | | municipalities and townships authorized by statute or |
26 | | ordinance
to nominate candidates by petition and primary |
|
| | 10300SB2123ham004 | - 67 - | LRB103 26875 BMS 62242 a |
|
|
1 | | election, the party officers
shall be the party's candidates |
2 | | who are nominated at the primary. If no party
primary was held |
3 | | because of the provisions of Section 7-5, vacancies in
|
4 | | nomination shall be filled by the party's remaining candidates |
5 | | who shall
serve as the party's officers.
|
6 | | Powers
|
7 | | (i) Each committee and its officers shall have the powers |
8 | | usually
exercised by such committees and by the officers |
9 | | thereof, not
inconsistent with the provisions of this Article. |
10 | | The several committees
herein provided for shall not have |
11 | | power to delegate any of their
powers, or functions to any |
12 | | other person, officer or committee, but this
shall not be |
13 | | construed to prevent a committee from appointing from its
own |
14 | | membership proper and necessary subcommittees.
|
15 | | (j) The State central committee of a political party which |
16 | | elects its
members by Alternative B under paragraph (a) of |
17 | | this Section shall adopt a
plan to give effect to the delegate |
18 | | selection rules of the national political
party and file a |
19 | | copy of such plan with the State Board of Elections when
|
20 | | approved by a national political party.
|
21 | | (k) For the purpose of the designation of a proxy by a |
22 | | Congressional
Committee to vote in place of an
absent State |
23 | | central committeeperson at meetings of the
State central |
24 | | committee of a political party which elects its members by
|
25 | | Alternative B under paragraph (a) of this Section, the proxy |
26 | | shall be
appointed by the vote of the ward and township |
|
| | 10300SB2123ham004 | - 68 - | LRB103 26875 BMS 62242 a |
|
|
1 | | committeepersons, if any, of the
wards and townships which lie |
2 | | entirely or partially within the
Congressional District from |
3 | | which the absent State central committeeperson was elected and |
4 | | the vote of the chairmen of the county
central committees of |
5 | | those counties which lie entirely or partially within
that |
6 | | Congressional District and in which there are no ward or |
7 | | township committeepersons. When voting for such proxy, the |
8 | | county chair, ward committeeperson
or township |
9 | | committeeperson, as the case may be, shall have one
vote for |
10 | | each ballot voted in his county, ward or township, or portion
|
11 | | thereof within the Congressional District, by the primary |
12 | | electors of his
party at the primary at which he was elected. |
13 | | However, the absent State
central committeeperson may |
14 | | designate a proxy when permitted
by the rules of a political |
15 | | party which elects its members by Alternative B
under |
16 | | paragraph (a) of this Section.
|
17 | | Notwithstanding any law to the contrary, a person is |
18 | | ineligible to hold the position of committeeperson in any |
19 | | committee established pursuant to this Section if he or she is |
20 | | statutorily ineligible to vote in a general election because |
21 | | of conviction of a felony. When a committeeperson is convicted |
22 | | of a felony, the position occupied by that committeeperson |
23 | | shall automatically become vacant.
|
24 | | (Source: P.A. 102-15, eff. 7-1-23.)
|
25 | | (10 ILCS 5/7-9) (from Ch. 46, par. 7-9)
|
|
| | 10300SB2123ham004 | - 69 - | LRB103 26875 BMS 62242 a |
|
|
1 | | Sec. 7-9. County central committee; county and State |
2 | | conventions.
|
3 | | (a) On a date that is not earlier than the 29th day after, |
4 | | nor later than the 50th day after, On the 29th day next |
5 | | succeeding the date of the primary at which committeepersons
|
6 | | are elected, the county central committee of each political
|
7 | | party shall meet within the county and proceed to
organize by |
8 | | electing from its own number a chair and either from its
own |
9 | | number, or otherwise, such other officers as such committee |
10 | | may deem
necessary or expedient. Such meeting of the county |
11 | | central committee
shall be known as the county convention.
|
12 | | The chair of each county committee shall , within 10 days |
13 | | after the
organization, forward to the State Board of |
14 | | Elections, the names and
post office addresses of the |
15 | | officers, precinct committeepersons and
representative |
16 | | committeepersons elected by his political party.
|
17 | | The county convention of each political party shall choose |
18 | | delegates
to the State convention of its party, if the party |
19 | | chooses to hold a State convention; but in any county having |
20 | | within
its limits any city having a population of 200,000, or |
21 | | over the
delegates from such city shall be chosen by wards, the |
22 | | ward committeepersons
from the respective wards choosing the |
23 | | number of delegates to which such
ward is entitled on the basis |
24 | | prescribed in paragraph (e) of this
Section such delegates to |
25 | | be members of the delegation to the State
convention from such |
26 | | county. In all counties containing a population of
2,000,000 |
|
| | 10300SB2123ham004 | - 70 - | LRB103 26875 BMS 62242 a |
|
|
1 | | or more outside of cities having a population of 200,000 or
|
2 | | more, the delegates from each of the townships or parts of |
3 | | townships as
the case may be shall be chosen by townships or |
4 | | parts of townships as
the case may be, the township |
5 | | committeepersons from the respective townships
or parts of |
6 | | townships as the case may be choosing the number of
delegates |
7 | | to which such townships or parts of townships as the case may
|
8 | | be are entitled, on the basis prescribed in paragraph (e) of |
9 | | this
Section such delegates to be members of the delegation to |
10 | | the State
convention from such county.
|
11 | | Each member of the State Central Committee of a political |
12 | | party which
elects its members by Alternative B under |
13 | | paragraph (a) of Section 7-8
shall be a delegate to the State |
14 | | Convention, if the party chooses to hold a State convention, |
15 | | ex officio.
|
16 | | Each member of the State Central Committee of a political |
17 | | party which
elects its members by Alternative B under |
18 | | paragraph (a) of Section 7-8 may
appoint 2 delegates to the |
19 | | State Convention, if the party chooses to hold a State |
20 | | convention, who must be residents of the
member's |
21 | | Congressional District.
|
22 | | (b) State conventions may be held within 180 days after |
23 | | the
general primary in the year 2000 and every 4 years |
24 | | thereafter. In the year 1998, and every 4 years thereafter,
|
25 | | the chair of a State central committee may issue a call for a |
26 | | State
convention within 180 days after the general primary.
|
|
| | 10300SB2123ham004 | - 71 - | LRB103 26875 BMS 62242 a |
|
|
1 | | The State
convention of each political party, if the party |
2 | | chooses to hold a State convention, has power to make
|
3 | | nominations of candidates of its political party for the |
4 | | electors of
President and Vice President of the United States, |
5 | | and to adopt any party
platform, and, to the
extent determined |
6 | | by the State central committee as provided in Section
7-14, to |
7 | | choose and select delegates and alternate delegates at large |
8 | | to
national nominating conventions. The State Central |
9 | | Committee may adopt
rules to provide for and govern the |
10 | | procedures of the State convention.
|
11 | | (c) The chair and secretary of each State convention, if |
12 | | the party chooses to hold a State convention, shall,
within 2 |
13 | | days thereafter, transmit to the State Board of Elections of
|
14 | | this State a certificate setting forth the names and addresses |
15 | | of all
persons nominated by such State convention for electors |
16 | | of President and
Vice President of the United States, and of |
17 | | any persons selected by the State
convention for
delegates and |
18 | | alternate delegates at large to national nominating
|
19 | | conventions; and the names of such candidates so chosen by |
20 | | such State
convention for electors of President and Vice |
21 | | President of the United
States, shall be caused by
the State |
22 | | Board of Elections to be printed upon the official ballot at
|
23 | | the general election, in the manner required by law, and shall |
24 | | be
certified to the various county clerks of the proper |
25 | | counties in the
manner as provided in Section 7-60 of this |
26 | | Article 7 for the certifying
of the names of persons nominated |
|
| | 10300SB2123ham004 | - 72 - | LRB103 26875 BMS 62242 a |
|
|
1 | | by any party for State offices. If and
as long as this Act |
2 | | prescribes that the names of such electors be not
printed on |
3 | | the ballot, then the names of such electors shall be
certified |
4 | | in such manner as may be prescribed by the parts of this Act
|
5 | | applicable thereto.
|
6 | | (d) Each convention, if the party chooses to hold a State |
7 | | convention, may perform all other functions inherent to such
|
8 | | political organization and not inconsistent with this Article.
|
9 | | (e) At least 33 days before the date of a State convention, |
10 | | if the party chooses to hold a State convention, the chair of |
11 | | the State central committee of each political
party shall file |
12 | | in the principal office of the State Board of
Elections a call |
13 | | for the State convention. Such call shall state, among
other |
14 | | things, the time and place (designating the building or hall) |
15 | | for
holding the State convention. Such call shall be signed by |
16 | | the chair
and attested by the secretary of the committee. In |
17 | | such convention each
county shall be entitled to one delegate |
18 | | for each 500 ballots voted by
the primary electors of the party |
19 | | in such county at the primary to be
held next after the |
20 | | issuance of such call; and if in such county, less
than 500 |
21 | | ballots are so voted or if the number of ballots so voted is
|
22 | | not exactly a multiple of 500, there shall be one delegate for |
23 | | such
group which is less than 500, or for such group |
24 | | representing the number
of votes over the multiple of 500, |
25 | | which delegate shall have 1/500 of
one vote for each primary |
26 | | vote so represented by him. The call for such
convention shall |
|
| | 10300SB2123ham004 | - 73 - | LRB103 26875 BMS 62242 a |
|
|
1 | | set forth this paragraph (e) of Section 7-9 in full and
shall |
2 | | direct that the number of delegates to be chosen be calculated |
3 | | in
compliance herewith and that such number of delegates be |
4 | | chosen.
|
5 | | (f) All precinct, township and ward committeepersons when |
6 | | elected as
provided in this Section shall serve as though |
7 | | elected at large
irrespective of any changes that may be made |
8 | | in precinct, township or
ward boundaries and the voting |
9 | | strength of each committeeperson shall
remain as provided in |
10 | | this Section for the entire time for which he is
elected.
|
11 | | (g) The officers elected at any convention provided for in |
12 | | this
Section shall serve until their successors are elected as |
13 | | provided in
this Act.
|
14 | | (h) A special meeting of any central committee may be |
15 | | called by the chair, or by not less than 25% of the members of |
16 | | such committee, by
giving 5 days notice to members of such |
17 | | committee in writing designating
the time and place at which |
18 | | such special meeting is to be held and the
business which it is |
19 | | proposed to present at such special meeting.
|
20 | | (i) Except as otherwise provided in this Act, whenever a |
21 | | vacancy
exists in the office of precinct committeeperson |
22 | | because no one was elected
to that office or because the |
23 | | precinct committeeperson ceases to reside in
the precinct or |
24 | | for any other reason, the chair of the county
central |
25 | | committee of the appropriate political party may fill the
|
26 | | vacancy in such office by appointment of a qualified resident |
|
| | 10300SB2123ham004 | - 74 - | LRB103 26875 BMS 62242 a |
|
|
1 | | of the
county and the appointed precinct committeeperson shall |
2 | | serve as though
elected; however, no such appointment may be |
3 | | made between the general
primary election and the county |
4 | | convention following 30th day after the general primary |
5 | | election.
|
6 | | (j) If the number of Congressional Districts in the State |
7 | | of Illinois
is reduced as a result of reapportionment of |
8 | | Congressional Districts
following a federal decennial census, |
9 | | the State Central Committeemen and
Committeewomen of a |
10 | | political
party which elects its State Central
Committee by |
11 | | either Alternative A or by Alternative B under paragraph (a)
|
12 | | of Section 7-8 who were
previously elected shall continue to |
13 | | serve as if no reapportionment had
occurred until the |
14 | | expiration of their terms.
|
15 | | (Source: P.A. 99-522, eff. 6-30-16; 100-1027, eff. 1-1-19 .)
|
16 | | (10 ILCS 5/9-3) (from Ch. 46, par. 9-3) |
17 | | Sec. 9-3. Political committee statement of organization. |
18 | | (a) Every political committee shall file with the State |
19 | | Board of Elections a
statement of organization within 10 |
20 | | business days of the creation of
such
committee, except any |
21 | | political committee created within the 30 days before
an
|
22 | | election shall file a statement of organization within 2 |
23 | | business days in person, by facsimile transmission, or by |
24 | | electronic mail. Any change in information previously |
25 | | submitted in a statement of organization shall be reported, as |
|
| | 10300SB2123ham004 | - 75 - | LRB103 26875 BMS 62242 a |
|
|
1 | | required for the original statement of organization by this |
2 | | Section, within 10 days following that change.
The Board shall |
3 | | impose a civil penalty of $50 per business day upon political
|
4 | | committees for failing to file or late filing of a statement of |
5 | | organization. Such penalties shall not
exceed $5,000, and |
6 | | shall not exceed $10,000 for statewide office political
|
7 | | committees.
There shall be no fine if the statement is mailed |
8 | | and postmarked at least 72
hours prior to the filing deadline.
|
9 | | In addition to the civil penalties authorized by this |
10 | | Section, the State
Board of Elections or any other political |
11 | | committee may apply to the
circuit court for a temporary |
12 | | restraining
order or a preliminary or permanent injunction |
13 | | against the political committee
to cease the expenditure of |
14 | | funds and to cease operations until the statement
of |
15 | | organization is filed.
|
16 | | For the purpose of this Section,
"statewide office" means |
17 | | the Governor, Lieutenant Governor, Secretary of State,
|
18 | | Attorney General, State Treasurer, and State Comptroller.
|
19 | | (b) The statement of organization shall include:
|
20 | | (1) the name
and address of the political committee |
21 | | and the designation required by Section 9-2;
|
22 | | (2) the scope, area of activity, party affiliation, |
23 | | and purposes of the political
committee;
|
24 | | (3) the name, address, and position of each custodian |
25 | | of the
committee's books and accounts;
|
26 | | (4) the name, address, and position of the committee's |
|
| | 10300SB2123ham004 | - 76 - | LRB103 26875 BMS 62242 a |
|
|
1 | | principal
officers, including the chairman, treasurer, and |
2 | | officers and members of
its finance committee, if any;
|
3 | | (5) (blank) the name and address of any sponsoring |
4 | | entity ;
|
5 | | (6) a statement of what specific disposition of |
6 | | residual fund will
be made in the event of the dissolution |
7 | | or
termination of the committee;
|
8 | | (7) a listing of all banks or other financial |
9 | | institutions, safety
deposit boxes, and any other |
10 | | repositories or custodians of funds used by
the committee; |
11 | | and
|
12 | | (8) the amount of funds available for campaign |
13 | | expenditures as of
the filing date of the committee's |
14 | | statement of organization.
|
15 | | For purposes of this Section, a "sponsoring entity" is (i) |
16 | | any person,
organization, corporation, or association that |
17 | | contributes
at least 33% of the total funding of the political |
18 | | committee or (ii) any person
or other entity that is |
19 | | registered or is required to register under the
Lobbyist |
20 | | Registration Act and contributes at least 33% of the total |
21 | | funding of
the political committee.
|
22 | | (c) Each statement of organization required to be
filed in |
23 | | accordance with this Section shall be verified, dated, and |
24 | | signed
by either the treasurer of the political committee |
25 | | making the statement or
the candidate on whose behalf the |
26 | | statement is made and shall contain
substantially the |
|
| | 10300SB2123ham004 | - 77 - | LRB103 26875 BMS 62242 a |
|
|
1 | | following verification: |
2 | | "VERIFICATION: |
3 | | I declare that this statement of organization (including |
4 | | any
accompanying schedules and statements) has been examined |
5 | | by me and, to the
best of my knowledge and belief, is a true, |
6 | | correct, and complete statement
of organization as required by |
7 | | Article 9 of the Election Code. I understand
that willfully |
8 | | filing a false or incomplete statement is
subject to a civil |
9 | | penalty of at least $1,001 and up to $5,000. |
10 | | ................ ..........................................
|
11 | | (date of filing) (signature of person making the statement)". |
12 | | (d) The statement of organization for a ballot initiative |
13 | | committee also shall include a verification signed by the |
14 | | chairperson of the committee that (i) the committee is formed |
15 | | for the purpose of supporting or opposing a question of public |
16 | | policy, (ii) all contributions and expenditures of the |
17 | | committee will be used for the purpose described in the |
18 | | statement of organization, (iii) the committee may accept |
19 | | unlimited contributions from any source, provided that the |
20 | | ballot initiative committee does not make contributions or |
21 | | expenditures in support of or opposition to a candidate or |
22 | | candidates for nomination for election, election, or |
23 | | retention, and (iv) failure to abide by these requirements |
24 | | shall deem the committee in violation of this Article. |
25 | | (d-5) The statement of organization for an independent |
26 | | expenditure committee also shall include a verification signed |
|
| | 10300SB2123ham004 | - 78 - | LRB103 26875 BMS 62242 a |
|
|
1 | | by the chairperson of the committee that (i) the committee is |
2 | | formed for the exclusive purpose of making independent |
3 | | expenditures, (ii) all contributions and expenditures of the |
4 | | committee will be used for the purpose described in the |
5 | | statement of organization, (iii) the committee may accept |
6 | | unlimited contributions from any source, provided that the |
7 | | independent expenditure committee does not make contributions |
8 | | to any candidate political committee, political party |
9 | | committee, or political action committee, and (iv) failure to |
10 | | abide by these requirements shall deem the committee in |
11 | | violation of this Article. |
12 | | (e) For purposes of implementing the changes made by this |
13 | | amendatory Act of the 96th General Assembly, every political |
14 | | committee in existence on the effective date of this |
15 | | amendatory Act of the 96th General Assembly shall file the |
16 | | statement required by this Section with the Board by December |
17 | | 31, 2010. |
18 | | (Source: P.A. 99-522, eff. 6-30-16.)
|
19 | | (10 ILCS 5/10-9) (from Ch. 46, par. 10-9)
|
20 | | Sec. 10-9. The following electoral boards are designated |
21 | | for the
purpose of hearing and passing upon the objector's |
22 | | petition described in
Section 10-8.
|
23 | | 1. The State Board of Elections will hear and pass |
24 | | upon objections
to the nominations of candidates for State |
25 | | offices,
nominations of candidates for congressional or |
|
| | 10300SB2123ham004 | - 79 - | LRB103 26875 BMS 62242 a |
|
|
1 | | legislative offices that are in more than one county or |
2 | | are wholly located within a single county with a |
3 | | population of less than 3,000,000 and judicial
offices of |
4 | | districts, subcircuits, or circuits situated in more than |
5 | | one county, nominations
of candidates for the offices of |
6 | | State's attorney or regional superintendent
of schools to |
7 | | be elected from more than one county, and petitions for
|
8 | | proposed amendments to the Constitution of the State of |
9 | | Illinois as
provided for in Section 3 of Article XIV of the |
10 | | Constitution.
|
11 | | 2. The county officers electoral board of a county |
12 | | with a population of less than 3,000,000 to hear and pass |
13 | | upon
objections to the nominations of candidates for |
14 | | county offices and judicial offices of a district, |
15 | | subcircuit, or
circuit coterminous with or less than a |
16 | | county, for any school district offices, for the office of |
17 | | multi-township assessor where candidates for
such office |
18 | | are nominated in accordance with this Code, and for all |
19 | | special
district offices, shall be composed of the county |
20 | | clerk, or an assistant
designated by the county clerk, the |
21 | | State's attorney of the county or
an Assistant State's |
22 | | Attorney designated by the State's Attorney, and the
clerk |
23 | | of the circuit court, or an assistant designated by the |
24 | | clerk of
the circuit court, of the county, of whom the |
25 | | county clerk or his designee
shall be the chair, except |
26 | | that in any county which has established a
county board of |
|
| | 10300SB2123ham004 | - 80 - | LRB103 26875 BMS 62242 a |
|
|
1 | | election commissioners that board
shall constitute the |
2 | | county officers electoral board ex-officio. If a school |
3 | | district is located in 2 or more counties, the county |
4 | | officers electoral board of the county in which the |
5 | | principal office of the school district is located shall |
6 | | hear and pass upon objections to nominations of candidates |
7 | | for school district office in that school district.
|
8 | | 2.5. The county officers electoral board of a county |
9 | | with a population of 3,000,000 or more to hear and
pass |
10 | | upon objections to the nominations of candidates for |
11 | | county offices, candidates for congressional and |
12 | | legislative offices and representatives in the General |
13 | | Assembly if the district is wholly within a county with a |
14 | | population of 3,000,000 or more, unless the district is |
15 | | wholly or partially within the jurisdiction of a municipal |
16 | | board of election commissioners, and judicial offices of a |
17 | | district, subcircuit, or circuit coterminous with or less |
18 | | than a county, for any school district offices, for the |
19 | | office of multi-township assessor where candidates for |
20 | | such office are nominated in accordance with this Code, |
21 | | and for all special district offices, and for candidates |
22 | | for the Senate, shall be composed of the county clerk, or |
23 | | an assistant designated by the county clerk, the State's |
24 | | Attorney of the county or an Assistant State's Attorney |
25 | | designated by the State's Attorney, and the clerk of the |
26 | | circuit court, or an assistant designated by the clerk of |
|
| | 10300SB2123ham004 | - 81 - | LRB103 26875 BMS 62242 a |
|
|
1 | | the circuit court, of the county, of whom the county clerk |
2 | | or his designee shall be the chair, except that, in any |
3 | | county which has established a county board of election |
4 | | commissioners, that board shall constitute the county |
5 | | officers electoral board ex-officio. If a school district |
6 | | is located in 2 or more counties, the county officers |
7 | | electoral board of the county in which the principal |
8 | | office of the school district is located shall hear and |
9 | | pass upon objections to nominations of candidates for |
10 | | school district office in that school district. |
11 | | 3. The municipal officers electoral board to hear and |
12 | | pass upon
objections to the nominations of candidates for |
13 | | officers of
municipalities shall be composed of the mayor |
14 | | or president of the board
of trustees of the city, village |
15 | | or incorporated town, and the city,
village or |
16 | | incorporated town clerk, and one member of the city |
17 | | council
or board of trustees, that member being designated |
18 | | who is eligible to
serve on the electoral board and has |
19 | | served the
greatest number of years as a member of the city |
20 | | council or board of
trustees, of whom the mayor or |
21 | | president of the board of trustees shall
be the chair.
|
22 | | 4. The township officers electoral board to pass upon |
23 | | objections to
the nominations of township officers shall |
24 | | be composed of the township
supervisor, the town clerk, |
25 | | and that eligible town trustee elected in the
township who |
26 | | has had the longest term of continuous service as town
|
|
| | 10300SB2123ham004 | - 82 - | LRB103 26875 BMS 62242 a |
|
|
1 | | trustee, of whom the township supervisor shall be the |
2 | | chair.
|
3 | | 5. The education officers electoral board to hear and |
4 | | pass upon
objections to the nominations of candidates for |
5 | | offices in
community college districts shall be composed |
6 | | of the presiding officer of
the community college district |
7 | | board, who shall be the chair,
the secretary of the |
8 | | community college district board and the
eligible elected |
9 | | community college board member who has the
longest term of |
10 | | continuous service as a board member.
|
11 | | 6. In all cases, however, where the Congressional, |
12 | | Legislative, or Representative
district is wholly or |
13 | | partially within the jurisdiction of a single municipal |
14 | | board of election
commissioners in Cook County and in all |
15 | | cases where the school district or special
district is |
16 | | wholly within the jurisdiction of a municipal board of
|
17 | | election commissioners and in all cases where the |
18 | | municipality or
township is wholly or partially within the |
19 | | jurisdiction of a municipal
board of election |
20 | | commissioners, the board of election commissioners
shall |
21 | | ex-officio constitute the electoral board.
|
22 | | For special districts situated in more than one county, |
23 | | the county officers
electoral board of the county in which the |
24 | | principal office of the district
is located has jurisdiction |
25 | | to hear and pass upon objections. For purposes
of this |
26 | | Section, "special districts" means all political subdivisions |
|
| | 10300SB2123ham004 | - 83 - | LRB103 26875 BMS 62242 a |
|
|
1 | | other
than counties, municipalities, townships and school and |
2 | | community college
districts.
|
3 | | In the event that any member of the appropriate board is a |
4 | | candidate
for the office with relation to which the objector's |
5 | | petition is filed,
he shall not be eligible to serve on that |
6 | | board and shall not act as
a member of the board and his place |
7 | | shall be filled as follows:
|
8 | | a. In the county officers electoral board by the |
9 | | county
treasurer, and if he or she is ineligible to serve, |
10 | | by the sheriff of the
county.
|
11 | | b. In the municipal officers electoral board by the |
12 | | eligible
elected city council or board of trustees member |
13 | | who has served the second
greatest number of years as a |
14 | | city council or board of trustees member.
|
15 | | c. In the township officers electoral board by the |
16 | | eligible
elected town trustee who has had the second |
17 | | longest term of continuous service
as a town trustee.
|
18 | | d. In the education officers electoral board by the |
19 | | eligible
elected community college district board member |
20 | | who has had the
second longest term of continuous service |
21 | | as a board member.
|
22 | | In the event that the chair of the electoral board is |
23 | | ineligible
to act because of the fact that he or she is a |
24 | | candidate for the office with
relation to which the objector's |
25 | | petition is filed, then the substitute
chosen under the |
26 | | provisions of this Section shall be the chair; In
this case, |
|
| | 10300SB2123ham004 | - 84 - | LRB103 26875 BMS 62242 a |
|
|
1 | | the officer or board with whom the objector's petition is
|
2 | | filed, shall transmit the certificate of nomination or |
3 | | nomination papers
as the case may be, and the objector's |
4 | | petition to the substitute chair
of the electoral board.
|
5 | | When 2 or more eligible individuals, by reason of their |
6 | | terms of service
on a city council or board of trustees, |
7 | | township board of
trustees, or community college district |
8 | | board, qualify to serve
on an electoral board, the one to serve |
9 | | shall be chosen by lot.
|
10 | | Any vacancies on an electoral board not otherwise filled |
11 | | pursuant to this
Section shall be filled by public members |
12 | | appointed by the Chief Judge of
the Circuit Court for the |
13 | | county wherein the electoral board hearing is
being held upon |
14 | | notification to the Chief Judge of such
vacancies. The Chief |
15 | | Judge shall be so notified by a member of the electoral
board |
16 | | or the officer or board with whom the objector's petition was |
17 | | filed.
In the event that none of the individuals designated by |
18 | | this Section to
serve on the electoral board are eligible, the |
19 | | chair of an electoral
board shall be designated by the Chief |
20 | | Judge.
|
21 | | (Source: P.A. 100-1027, eff. 1-1-19 .)
|
22 | | (10 ILCS 5/10-10) (from Ch. 46, par. 10-10)
|
23 | | Sec. 10-10. Within 24 hours after the receipt of the |
24 | | certificate of
nomination or nomination papers or proposed |
25 | | question of public
policy, as the case may be, and the |
|
| | 10300SB2123ham004 | - 85 - | LRB103 26875 BMS 62242 a |
|
|
1 | | objector's petition, the chair
of the electoral board other |
2 | | than the State Board of Elections shall
send a call by |
3 | | registered or certified mail : to each of the members of the
|
4 | | electoral board ; , and to the objector who filed the objector's |
5 | | petition ; , and
either to the candidate whose certificate of |
6 | | nomination or nomination
papers are objected to or to the |
7 | | principal proponent or attorney for
proponents of a question |
8 | | of public policy, as the case may be, whose
petitions are |
9 | | objected to ; to the election authority to whom the ballot is |
10 | | certified; and to the appropriate county clerk. The chair
of |
11 | | the electoral board other than the State Board of Elections , |
12 | | and shall also cause the sheriff of the county
or counties in |
13 | | which such officers and persons reside to serve a copy of
such |
14 | | call upon each of such officers and persons, which call shall |
15 | | set out
the fact that the electoral board is required to meet |
16 | | to hear and pass upon
the objections to nominations made for |
17 | | the office, designating it, and
shall state the day, hour and |
18 | | place at which the electoral board shall meet
for the purpose, |
19 | | which place shall be in the
county court house in the county in |
20 | | the case of the County Officers
Electoral Board, the Municipal |
21 | | Officers Electoral Board, the Township
Officers Electoral |
22 | | Board or the Education Officers Electoral Board, except that |
23 | | the Municipal Officers Electoral Board, the Township Officers |
24 | | Electoral Board, and the Education Officers Electoral Board |
25 | | may meet at the location where the governing body of the |
26 | | municipality, township, or community college district, |
|
| | 10300SB2123ham004 | - 86 - | LRB103 26875 BMS 62242 a |
|
|
1 | | respectively, holds its regularly scheduled meetings, if that |
2 | | location is available; provided that voter records may be |
3 | | removed from the offices of an election authority only at the |
4 | | discretion and under the supervision of the election |
5 | | authority.
In
those cases where the State Board of Elections |
6 | | is the electoral board
designated under Section 10-9, the |
7 | | chair of the State Board of Elections
shall, within 24 hours |
8 | | after the receipt of the certificate of nomination
or |
9 | | nomination papers or petitions for a proposed amendment to |
10 | | Article IV of
the Constitution or proposed statewide question |
11 | | of public policy, send a
call by registered or certified mail |
12 | | to the objector who files the
objector's petition, and either |
13 | | to the candidate whose certificate of
nomination or nomination |
14 | | papers are objected to or to the principal
proponent or |
15 | | attorney for proponents of the proposed Constitutional
|
16 | | amendment or statewide question of public policy and shall |
17 | | state the day,
hour, and place at which the electoral board |
18 | | shall meet for the purpose,
which place may be in the Capitol |
19 | | Building or in the principal or permanent
branch office of the |
20 | | State Board. The day of the meeting shall not be less
than 3 |
21 | | nor more than 5 days after the receipt of the certificate of
|
22 | | nomination or nomination papers and the objector's petition by |
23 | | the chair
of the electoral board.
|
24 | | The electoral board shall have the power to administer |
25 | | oaths and to
subpoena and examine witnesses and, at the |
26 | | request of either party and only upon a vote by a majority of |
|
| | 10300SB2123ham004 | - 87 - | LRB103 26875 BMS 62242 a |
|
|
1 | | its members, may authorize the chair
to issue subpoenas |
2 | | requiring the attendance of witnesses and
subpoenas duces |
3 | | tecum requiring the production of such books, papers,
records |
4 | | and documents as may be evidence of any matter under inquiry
|
5 | | before the electoral board, in the same manner as witnesses |
6 | | are
subpoenaed in the Circuit Court.
|
7 | | Service of such subpoenas shall be made by any sheriff or |
8 | | other
person in the same manner as in cases in such court and |
9 | | the fees of such
sheriff shall be the same as is provided by |
10 | | law, and shall be paid by
the objector or candidate who causes |
11 | | the issuance of the subpoena. In
case any person so served |
12 | | shall knowingly neglect or refuse to obey any
such subpoena, |
13 | | or to testify, the electoral board shall at once file a
|
14 | | petition in the circuit court of the county in which such |
15 | | hearing is to
be heard, or has been attempted to be heard, |
16 | | setting forth the facts, of
such knowing refusal or neglect, |
17 | | and accompanying the petition with a
copy of the citation and |
18 | | the answer, if one has been filed, together
with a copy of the |
19 | | subpoena and the return of service thereon, and shall
apply |
20 | | for an order of court requiring such person to attend and |
21 | | testify,
and forthwith produce books and papers, before the |
22 | | electoral board. Any
circuit court of the state, excluding the |
23 | | judge who is sitting on the electoral
board, upon such showing |
24 | | shall order such person to appear and testify,
and to |
25 | | forthwith produce such books and papers, before the electoral |
26 | | board
at a place to be fixed by the court. If such person shall |
|
| | 10300SB2123ham004 | - 88 - | LRB103 26875 BMS 62242 a |
|
|
1 | | knowingly fail
or refuse to obey such order of the court |
2 | | without lawful excuse, the court
shall punish him or her by |
3 | | fine and imprisonment, as the nature of the case
may require |
4 | | and may be lawful in cases of contempt of court.
|
5 | | The electoral board on the first day of its meeting shall |
6 | | adopt rules
of procedure for the introduction of evidence and |
7 | | the presentation of
arguments and may, in its discretion, |
8 | | provide for the filing of briefs
by the parties to the |
9 | | objection or by other interested persons.
|
10 | | In the event of a State Electoral Board hearing on |
11 | | objections to a
petition for an amendment to Article IV of the |
12 | | Constitution
pursuant to Section 3 of Article XIV of the |
13 | | Constitution, or to a
petition for a question of public policy |
14 | | to be submitted to the
voters of the entire State, the |
15 | | certificates of the county clerks and boards
of election |
16 | | commissioners showing the results of the random sample of
|
17 | | signatures on the petition shall be prima facie valid and |
18 | | accurate, and
shall be presumed to establish the number of |
19 | | valid and invalid
signatures on the petition sheets reviewed |
20 | | in the random sample, as prescribed
in Section 28-11 and 28-12 |
21 | | of this Code. Either party, however, may introduce
evidence at |
22 | | such hearing to dispute the findings as to particular |
23 | | signatures.
In addition to the foregoing, in the absence of |
24 | | competent evidence presented
at such hearing by a party |
25 | | substantially challenging the results of a random
sample, or |
26 | | showing a different result obtained by an additional sample,
|
|
| | 10300SB2123ham004 | - 89 - | LRB103 26875 BMS 62242 a |
|
|
1 | | this certificate of a county clerk or board of election |
2 | | commissioners shall
be presumed to establish the ratio of |
3 | | valid to invalid signatures within
the particular election |
4 | | jurisdiction.
|
5 | | The electoral board shall take up the question as to |
6 | | whether or not
the certificate of nomination or nomination |
7 | | papers or petitions are in
proper form, and whether or not they |
8 | | were filed within the time and
under the conditions required |
9 | | by law, and whether or not they are the
genuine certificate of |
10 | | nomination or nomination papers or petitions
which they |
11 | | purport to be, and whether or not in the case of the
|
12 | | certificate of nomination in question it represents accurately |
13 | | the
decision of the caucus or convention issuing it, and in |
14 | | general shall
decide whether or not the certificate of |
15 | | nomination or nominating papers
or petitions on file are valid |
16 | | or whether the objections thereto should
be sustained and the |
17 | | decision of a majority of the electoral board shall
be final |
18 | | subject to judicial review as provided in Section 10-10.1. The
|
19 | | electoral board must state its findings in writing and must |
20 | | state in
writing which objections, if any, it has sustained. A |
21 | | copy of the decision shall be served upon the parties to the |
22 | | proceedings in open proceedings before the electoral board. If |
23 | | a party does not appear for receipt of the decision, the |
24 | | decision shall be deemed to have been served on the absent |
25 | | party on the date when a copy of the decision is personally |
26 | | delivered or on the date when a copy of the decision is |
|
| | 10300SB2123ham004 | - 90 - | LRB103 26875 BMS 62242 a |
|
|
1 | | deposited in the United States mail, in a sealed envelope or |
2 | | package, with postage prepaid, addressed to each party |
3 | | affected by the decision or to such party's attorney of |
4 | | record, if any, at the address on record for such person in the |
5 | | files of the electoral board.
|
6 | | Upon the expiration of the period within which a |
7 | | proceeding for
judicial review must be commenced under Section |
8 | | 10-10.1, the electoral
board shall, unless a proceeding for |
9 | | judicial review has been commenced
within such period, |
10 | | transmit, by registered or certified mail, a
certified copy of |
11 | | its ruling, together with the original certificate of
|
12 | | nomination or nomination papers or petitions and the original |
13 | | objector's
petition, to the officer or board with whom the |
14 | | certificate of
nomination or nomination papers or petitions, |
15 | | as objected to, were on
file and to the election authority to |
16 | | whom the ballot is certified or the appropriate county clerk , |
17 | | and such officer or board shall abide by and comply with the
|
18 | | ruling so made to all intents and purposes.
|
19 | | (Source: P.A. 99-78, eff. 7-20-15; 99-642, eff. 7-28-16; |
20 | | 100-1027, eff. 1-1-19 .)
|
21 | | (10 ILCS 5/11-4) (from Ch. 46, par. 11-4)
|
22 | | Sec. 11-4.
It shall be the duty of the Board of Election |
23 | | Commissioners,
established under Article 6 of this Act, to |
24 | | appoint the place of registry
in each precinct for the first |
25 | | registration under Article 6 of this Act and
the places for |
|
| | 10300SB2123ham004 | - 91 - | LRB103 26875 BMS 62242 a |
|
|
1 | | registry in subsequent registrations in the manner provided
by |
2 | | such Article, and also the polling place in each precinct in |
3 | | such city,
village or incorporated town which has adopted or |
4 | | is operating under said
Article 6, and to give public notice |
5 | | thereof, and shall cause the same to
be fitted up, warmed, |
6 | | lighted and cleaned, but in each election precinct
and in each |
7 | | area for which a registration place is designated such place |
8 | | or
places shall be in the most public, orderly and convenient |
9 | | portions
thereof, and no building or part of a building shall |
10 | | be designated or used
as a place of registry, or revision of |
11 | | registration, or as a polling place,
in which spirituous or |
12 | | intoxicating liquor is sold. Provided, however,
where the |
13 | | Board of Election Commissioners is unable to secure a suitable
|
14 | | polling place within the boundaries of a precinct, it may |
15 | | select a polling
place on a street immediately adjacent to and |
16 | | adjoining the precinct. Said
Board of Election Commissioners |
17 | | may demand of the chief of police or the
sheriff, to furnish |
18 | | officers of the law to attend during the progress of
any |
19 | | registration, revision or election, at any place or places of
|
20 | | registration, or any polling place, or places, designated by |
21 | | said
commissioners, or to attend at any meeting of said |
22 | | commissioners. Said
officers of the law, shall be furnished by |
23 | | said chief of police or sheriff
and shall be stationed in the |
24 | | place or places of registration and polling
place or places in |
25 | | such manner as said commissioners shall direct, and
during |
26 | | said assignment shall be under the direction and control of |
|
| | 10300SB2123ham004 | - 92 - | LRB103 26875 BMS 62242 a |
|
|
1 | | the
election commissioners.
|
2 | | Notwithstanding the above, when there
are no more than 50 |
3 | | registered voters in a precinct
who are entitled to
vote in a |
4 | | local government or school district election,
the election |
5 | | authority
having jurisdiction over the precinct,
is authorized |
6 | | to reassign such voters
to one or more polling
places in |
7 | | adjacent precincts, within or without the
election authority's |
8 | | jurisdiction, for that election. For
the purposes of such |
9 | | local government or school district election only, the
votes |
10 | | of the reassigned voters
shall be tallied and canvassed as |
11 | | votes from the precinct of the polling place to which
such |
12 | | voters have been reassigned.
The election authority having |
13 | | jurisdiction over the precinct shall approve
all |
14 | | administrative and polling place procedures.
Such procedures |
15 | | shall take into account voter convenience, and ensure that the
|
16 | | integrity of the election process is maintained and that the |
17 | | secrecy of the
ballot is not violated.
|
18 | | Except in the event of a fire, flood or total loss of heat |
19 | | in a place
fixed or established by the Board of Election |
20 | | Commissioners pursuant to
this Section as a polling place for |
21 | | an election, no election authority
shall change the location |
22 | | of a polling place so established for any
precinct after |
23 | | notice of the place of holding the election for that
precinct |
24 | | has been given as required under Article 12 unless the |
25 | | election
authority notifies all registered voters in the |
26 | | precinct of the change in
location by first class mail in |
|
| | 10300SB2123ham004 | - 93 - | LRB103 26875 BMS 62242 a |
|
|
1 | | sufficient time for such notice to be
received by the |
2 | | registered voters in the precinct at least one day prior to
the |
3 | | date of the election. |
4 | | If, within the 10 days before any election, an election |
5 | | authority changes a polling location, the election authority |
6 | | shall send notice by electronic mail or phone call to the |
7 | | township committeeperson, ward committeeperson, or precinct |
8 | | committeepersons, as applicable, as soon as the location of |
9 | | the polling place is changed.
|
10 | | (Source: P.A. 86-867.)
|
11 | | (10 ILCS 5/11-8) |
12 | | (Section scheduled to be repealed on July 1, 2023) |
13 | | Sec. 11-8. Vote centers. |
14 | | (a) Notwithstanding any law to the contrary, election
|
15 | | authorities shall establish at least one location to be |
16 | | located at an
office of the election authority or in the |
17 | | largest municipality
within its jurisdiction where all voters |
18 | | in its jurisdiction
are allowed to vote on election day during |
19 | | polling place hours,
regardless of the precinct in which they |
20 | | are registered , and that location shall provide curbside |
21 | | voting . Election authorities may establish more than one vote |
22 | | center, but in jurisdictions with a population of more than |
23 | | 500,000 inhabitants, the election authority shall establish at |
24 | | least 2 vote centers. An
election authority establishing such |
25 | | a location under this Section shall identify the location and |
|
| | 10300SB2123ham004 | - 94 - | LRB103 26875 BMS 62242 a |
|
|
1 | | any health and safety requirements by the 40th day
preceding |
2 | | an the 2022 general primary election and the 2022 general |
3 | | election and certify such to the
State Board of Elections. |
4 | | (b) This Section is repealed on July 1, 2029 2023 .
|
5 | | (Source: P.A. 102-15, eff. 6-17-21; 102-668, eff. 11-15-21; |
6 | | 102-1109, eff. 12-21-22.)
|
7 | | (10 ILCS 5/12-4) (from Ch. 46, par. 12-4)
|
8 | | Sec. 12-4.
Not more than 30 nor less than 10 days prior to |
9 | | the date of
the consolidated and
nonpartisan elections, each |
10 | | election authority
shall publish notice
of the election of |
11 | | officers of each political subdivision to be conducted
in his |
12 | | or its jurisdiction on such election date. The notice of |
13 | | election
shall be published once in one or more newspapers
|
14 | | published in each political subdivision, and if there is no |
15 | | such newspaper,
then published once in a local, community |
16 | | newspaper having
general circulation in the subdivision, and |
17 | | also once in a newspaper published
in the county wherein the |
18 | | political subdivisions or portions thereof, having
such |
19 | | elections are situated.
|
20 | | The notice shall be substantially in the form prescribed |
21 | | in Section
12-1, and may include notice of the location of the
|
22 | | precincts and polling places within or including part of the |
23 | | political
subdivision in which the election is to be |
24 | | conducted.
|
25 | | Not less than 10 days before each such election, the |
|
| | 10300SB2123ham004 | - 95 - | LRB103 26875 BMS 62242 a |
|
|
1 | | election authority
shall publish notice of the precincts and |
2 | | the location of the polling
places where the election will be |
3 | | conducted for political subdivisions
wholly or partially |
4 | | within its jurisdiction. The election authority
shall cause |
5 | | publication in the manner heretofore prescribed for the notice |
6 | | of election. |
7 | | If, within the 10 days before any election, an election |
8 | | authority changes a polling location, the election authority |
9 | | shall send notice by electronic mail or phone call to the |
10 | | township committeeperson, ward committeeperson, or precinct |
11 | | committeepersons, as applicable, as soon as the location of |
12 | | the polling place is changed.
|
13 | | (Source: P.A. 81-963.)
|
14 | | (10 ILCS 5/12A-10)
|
15 | | Sec. 12A-10. Candidate statements and photographs in the |
16 | | Internet Guide.
|
17 | | (a) Any candidate whose name appears in the Internet Guide |
18 | | may submit a
written
statement and a photograph to appear in |
19 | | the Internet Guide, provided that:
|
20 | | (1) No personal statement may exceed a brief biography |
21 | | (name, age, education, and current employment) and an |
22 | | additional 400 words.
|
23 | | (2) Personal statements may include contact |
24 | | information for the candidate,
including the address and |
25 | | phone number of the campaign headquarters, an email |
|
| | 10300SB2123ham004 | - 96 - | LRB103 26875 BMS 62242 a |
|
|
1 | | address for the campaign, and the
candidate's website.
|
2 | | (3) Personal statements may not mention a candidate's |
3 | | opponents by name.
|
4 | | (4) No personal statement may include language that |
5 | | may not be legally
sent
through the mail.
|
6 | | (5) The photograph shall be a conventional photograph |
7 | | with a plain
background
and show only the face, or the |
8 | | head, neck, and shoulders, of the candidate.
|
9 | | (6) The photograph shall not (i) show the candidate's |
10 | | hands, anything in
the
candidate's hands, or the candidate |
11 | | wearing a
judicial robe, a
hat, or a military, police, or |
12 | | fraternal uniform or (ii)
include the
uniform or insignia |
13 | | of any organization.
|
14 | | (b) The Board must note in the text of the Internet Guide |
15 | | that personal
statements were
submitted by the candidate or |
16 | | his or her designee and were not edited by the
Board.
|
17 | | (c) Where a candidate declines to submit a statement, the |
18 | | Board may note
that
the
candidate declined to submit a |
19 | | statement.
|
20 | | (d) (Blank.)
|
21 | | (e) Anyone other than the candidate submitting a statement |
22 | | or photograph
from a
candidate must attest that he or she is |
23 | | doing so on behalf and at the direction
of
the
candidate. The |
24 | | Board may assess a civil fine of no more than $1,000 against a
|
25 | | person or entity who falsely
submits a statement or photograph |
26 | | not authorized by the
candidate.
|
|
| | 10300SB2123ham004 | - 97 - | LRB103 26875 BMS 62242 a |
|
|
1 | | (f) Nothing in this Article makes the author of any |
2 | | statement exempt from
any
civil
or
criminal action because of |
3 | | any defamatory statements offered for posting or
contained in
|
4 | | the Internet Guide. The persons writing, signing, or offering |
5 | | a statement for
inclusion in
the Internet Guide are deemed to |
6 | | be its authors and publishers, and the
Board shall not
be |
7 | | liable in any case or action relating to the content of any |
8 | | material
submitted by any
candidate.
|
9 | | (g) The Board may set reasonable deadlines for the |
10 | | submission of personal
statements and
photographs.
|
11 | | (h) The Board may set formats for the submission of |
12 | | statements and
photographs. The
Board may require that |
13 | | statements and photographs are submitted in an
electronic |
14 | | format.
|
15 | | (i) Fines
collected pursuant to subsection
(e) of this |
16 | | Section shall be deposited into the Voters' Guide Fund, a |
17 | | special fund created in the State treasury. Moneys in the |
18 | | Voters' Guide Fund shall be appropriated solely to the State |
19 | | Board of Elections for use in the implementation and |
20 | | administration of this Article 12A.
|
21 | | (Source: P.A. 94-645, eff. 8-22-05; 95-699, eff. 11-9-07.)
|
22 | | (10 ILCS 5/16-3) (from Ch. 46, par. 16-3)
|
23 | | Sec. 16-3. (a) The names of all candidates to be voted for |
24 | | in each
election district or precinct shall be printed on one |
25 | | ballot, except as
is provided in Sections 16-6, 16-6.1 , and |
|
| | 10300SB2123ham004 | - 98 - | LRB103 26875 BMS 62242 a |
|
|
1 | | 21-1.01 of this Code Act and except as otherwise
provided in |
2 | | this Code Act with respect to the odd year regular elections |
3 | | and
the emergency referenda . The lettering of candidate names |
4 | | on a ballot shall be in both capital and lowercase letters in |
5 | | conformance with standard English language guidelines, unless |
6 | | compliance is not feasible due to the election system utilized |
7 | | by the election authority. All ; all nominations
of any |
8 | | political party shall be being placed under the party |
9 | | appellation or title
of such party as designated in the |
10 | | certificates of nomination or
petitions. The names of all |
11 | | independent candidates shall be printed upon
the ballot in a |
12 | | column or columns under the heading "independent"
arranged |
13 | | under the names or titles of the respective offices for which
|
14 | | such independent candidates shall have been nominated and so |
15 | | far as
practicable, the name or names of any independent |
16 | | candidate or
candidates for any office shall be printed upon |
17 | | the ballot opposite the
name or names of any candidate or |
18 | | candidates for the same office
contained in any party column |
19 | | or columns upon said ballot. The ballot
shall contain no other |
20 | | names, except that in cases of electors for
President and |
21 | | Vice-President of the United States, the names of the
|
22 | | candidates for President and Vice-President may be added to |
23 | | the party
designation and words calculated to aid the voter in |
24 | | his choice of candidates
may be added, such as "Vote for one," |
25 | | "Vote for not more than three." If no candidate or candidates |
26 | | file for an office and if no person or persons file a |
|
| | 10300SB2123ham004 | - 99 - | LRB103 26875 BMS 62242 a |
|
|
1 | | declaration as a write-in candidate for that office, then |
2 | | below the title of that office the election authority instead |
3 | | shall print "No Candidate". When an electronic
voting system |
4 | | is used which utilizes a ballot label booklet, the candidates
|
5 | | and questions shall appear on the pages of such booklet in the |
6 | | order
provided by this Code; and, in any case where candidates |
7 | | for an office
appear on a page which does not contain the name |
8 | | of any candidate for
another office, and where less than 50% of |
9 | | the page is utilized, the name of
no candidate shall be printed |
10 | | on the lowest 25% of such page. On the back or
outside of the |
11 | | ballot, so as to appear when folded, shall be printed the words
|
12 | | "Official Ballot", followed by the designation of the polling |
13 | | place for
which the ballot is prepared, the date of the |
14 | | election and a facsimile
of the signature of the election |
15 | | authority who has caused the ballots to
be printed. The |
16 | | ballots shall be of plain white paper, through which the
|
17 | | printing or writing cannot be read. However, ballots for use |
18 | | at the
nonpartisan and consolidated elections may be printed |
19 | | on different color
paper, except blue paper, whenever |
20 | | necessary or desirable to facilitate
distinguishing between |
21 | | ballots for different political subdivisions. In
the case of |
22 | | nonpartisan elections for officers of a political
subdivision, |
23 | | unless the statute or an ordinance adopted pursuant to
Article |
24 | | VII of the Constitution providing the form of government
|
25 | | therefor requires otherwise, the column listing such |
26 | | nonpartisan
candidates shall be printed with no appellation or |
|
| | 10300SB2123ham004 | - 100 - | LRB103 26875 BMS 62242 a |
|
|
1 | | circle at its head.
The party appellation or title, or the word |
2 | | "independent" at the head of
any column provided for |
3 | | independent candidates, shall be printed in letters not less |
4 | | than one-fourth of an inch in height
and a
circle one-half inch |
5 | | in diameter shall be printed at the beginning of
the line in |
6 | | which such appellation or title is printed, provided,
however, |
7 | | that no such circle shall be printed at the head of any column
|
8 | | or columns provided for such independent candidates. The names |
9 | | of
candidates shall be printed in letters not less than |
10 | | one-eighth
nor more than one-fourth of an inch in height, and |
11 | | at the beginning of
each line in which a name of a candidate is |
12 | | printed a square shall be
printed, the sides of which shall be |
13 | | not less than one-fourth of an inch
in length. However, the |
14 | | names of the candidates for Governor and
Lieutenant Governor |
15 | | on the same ticket shall be printed within a bracket
and a |
16 | | single square shall be printed in front of the bracket. The |
17 | | list
of candidates of the several parties and any such list of |
18 | | independent
candidates shall be placed in separate columns on |
19 | | the ballot in such
order as the election authorities charged |
20 | | with the printing of the
ballots shall decide; provided, that |
21 | | the names of the candidates of the
several political parties, |
22 | | certified by the State Board of Elections to
the several |
23 | | county clerks shall be printed by the county clerk of the
|
24 | | proper county on the official ballot in the order certified by |
25 | | the State
Board of Elections. Any county clerk refusing, |
26 | | neglecting or failing to
print on the official ballot the |
|
| | 10300SB2123ham004 | - 101 - | LRB103 26875 BMS 62242 a |
|
|
1 | | names of candidates of the several
political parties in the |
2 | | order certified by the State Board of
Elections, and any |
3 | | county clerk who prints or causes to be printed upon
the |
4 | | official ballot the name of a candidate, for an office to be |
5 | | filled
by the Electors of the entire State, whose name has not |
6 | | been duly
certified to him upon a certificate signed by the |
7 | | State Board of
Elections shall be guilty of a Class C |
8 | | misdemeanor.
|
9 | | (b) When an electronic voting system is used which |
10 | | utilizes a ballot
card,
on the inside flap of each ballot card |
11 | | envelope there shall be printed
a form for write-in voting |
12 | | which shall be substantially as follows:
|
13 | | WRITE-IN VOTES
|
14 | | (See card of instructions for specific information. |
15 | | Duplicate form below
by hand for additional write-in votes.)
|
16 | | .............................
|
17 | | Title of Office
|
18 | | ( ) .............................
|
19 | | Name of Candidate
|
20 | | Write-in lines equal to the number of candidates for which |
21 | | a voter may vote shall be printed for an office only if one or |
22 | | more persons filed declarations of intent to be write-in |
23 | | candidates or qualify to file declarations to be write-in |
24 | | candidates under Sections 17-16.1 and 18-9.1 when the |
25 | | certification of ballot contains the words "OBJECTION |
26 | | PENDING".
|
|
| | 10300SB2123ham004 | - 102 - | LRB103 26875 BMS 62242 a |
|
|
1 | | (c) When an electronic voting system is used which uses a |
2 | | ballot sheet,
the
instructions to voters on the ballot sheet |
3 | | shall refer the voter to the
card of instructions for specific |
4 | | information on write-in voting. Below
each office appearing on |
5 | | such ballot sheet there shall be a provision for
the casting of |
6 | | a write-in vote. Write-in lines equal to the number of |
7 | | candidates for which a voter may vote shall be printed for an |
8 | | office only if one or more persons filed declarations of |
9 | | intent to be write-in candidates or qualify to file |
10 | | declarations to be write-in candidates under Sections 17-16.1 |
11 | | and 18-9.1 when the certification of ballot contains the words |
12 | | "OBJECTION PENDING".
|
13 | | (d) When such electronic system is used, there shall be |
14 | | printed on the
back of each ballot card, each ballot card |
15 | | envelope, and
the first page of the ballot label when a ballot |
16 | | label is used, the
words "Official Ballot," followed by the |
17 | | number of the
precinct or other precinct identification, which |
18 | | may be stamped, in lieu
thereof and, as applicable, the number |
19 | | and name of the township, ward
or other election district for |
20 | | which the ballot card, ballot card
envelope, and ballot label |
21 | | are prepared, the date of the election and a
facsimile of the |
22 | | signature of the election authority who has caused the
ballots |
23 | | to be printed. The back of the ballot card shall also include
a |
24 | | method of identifying the ballot configuration such as a |
25 | | listing of the
political subdivisions and districts for which |
26 | | votes may be cast on that
ballot, or a number code identifying |
|
| | 10300SB2123ham004 | - 103 - | LRB103 26875 BMS 62242 a |
|
|
1 | | the ballot configuration or color coded
ballots, except that |
2 | | where there is only one ballot configuration in a
precinct, |
3 | | the precinct identification, and any applicable ward
|
4 | | identification, shall be sufficient. Ballot card envelopes |
5 | | used in punch
card systems shall be of paper through which no |
6 | | writing or punches may be
discerned and shall be of sufficient |
7 | | length to enclose all voting
positions. However, the election |
8 | | authority may provide
ballot card envelopes on which no |
9 | | precinct number or township, ward or
other election district |
10 | | designation, or election date are preprinted, if
space and a |
11 | | preprinted form are provided below the space provided for
the |
12 | | names of write-in candidates where such information may be |
13 | | entered
by the judges of election. Whenever an election |
14 | | authority utilizes
ballot card envelopes on which the election |
15 | | date and precinct is not
preprinted, a judge of election shall |
16 | | mark such information for the
particular precinct and election |
17 | | on the envelope in ink before tallying
and counting any |
18 | | write-in vote written thereon.
If some method of insuring |
19 | | ballot secrecy other than an envelope is used,
such |
20 | | information must be provided on the ballot itself.
|
21 | | (e) In the designation of the name of a candidate on the |
22 | | ballot, the
candidate's given name or names, initial or |
23 | | initials, a nickname by
which the candidate is commonly known, |
24 | | or a combination thereof, may be
used in addition to the |
25 | | candidate's surname. If a candidate has changed his or her |
26 | | name, whether by a statutory or common law procedure in |
|
| | 10300SB2123ham004 | - 104 - | LRB103 26875 BMS 62242 a |
|
|
1 | | Illinois or any other jurisdiction, within 3 years before the |
2 | | last day for filing the petition for nomination, nomination |
3 | | papers, or certificate of nomination for that office, |
4 | | whichever is applicable, then (i) the candidate's name on the |
5 | | ballot must be followed by "formerly known as (list all prior |
6 | | names during the 3-year period) until name changed on (list |
7 | | date of each such name change)" and (ii) the petition, papers, |
8 | | or certificate must be accompanied by the candidate's |
9 | | affidavit stating the candidate's previous names during the |
10 | | period specified in (i) and the date or dates each of those |
11 | | names was changed; failure to meet these requirements shall be |
12 | | grounds for denying certification of the candidate's name for |
13 | | the ballot or removing the candidate's name from the ballot, |
14 | | as appropriate, but these requirements do not apply to name |
15 | | changes resulting from adoption to assume an adoptive parent's |
16 | | or parents' surname, marriage or civil union to assume a |
17 | | spouse's surname, or dissolution of marriage or civil union or |
18 | | declaration of invalidity of marriage or civil union to assume |
19 | | a former surname or a name change that conforms the |
20 | | candidate's name to his or her gender identity. No other |
21 | | designation such
as a political slogan, title, or degree or |
22 | | nickname suggesting or
implying possession of a
title, degree |
23 | | or professional status, or similar information may be used
in |
24 | | connection with the candidate's surname.
For purposes of this |
25 | | Section, a "political slogan" is defined as any
word or words |
26 | | expressing or connoting a position, opinion, or belief that |
|
| | 10300SB2123ham004 | - 105 - | LRB103 26875 BMS 62242 a |
|
|
1 | | the
candidate may espouse, including , but not limited to, any |
2 | | word or words
conveying any meaning other than that of the |
3 | | personal identity of the
candidate. A
candidate may not use a |
4 | | political slogan as part of his or her name on the
ballot, |
5 | | notwithstanding that the political slogan may be part of the
|
6 | | candidate's name.
|
7 | | (f) The State Board of Elections, a local election |
8 | | official, or an
election
authority shall remove any |
9 | | candidate's name designation from a ballot that is
|
10 | | inconsistent with subsection (e) of this Section. In addition, |
11 | | the State Board
of Elections, a local election official, or an |
12 | | election authority shall not
certify to any election authority |
13 | | any candidate name designation that is
inconsistent with |
14 | | subsection (e) of this Section.
|
15 | | (g) If the State Board of Elections, a local election |
16 | | official, or an
election
authority removes a candidate's name |
17 | | designation from a ballot under
subsection (f) of this |
18 | | Section, then the aggrieved candidate may seek
appropriate |
19 | | relief in circuit court.
|
20 | | Where voting machines or electronic voting systems are |
21 | | used, the
provisions of this Section may be modified as |
22 | | required or authorized by
Article 24 or Article 24A, whichever |
23 | | is applicable.
|
24 | | Nothing in this Section shall prohibit election |
25 | | authorities from using
or reusing ballot card envelopes which |
26 | | were printed before January 1, 1986 ( the effective
date of |
|
| | 10300SB2123ham004 | - 106 - | LRB103 26875 BMS 62242 a |
|
|
1 | | Public Act 84-820) this amendatory Act of 1985 .
|
2 | | (Source: P.A. 102-15, eff. 6-17-21; revised 2-28-22.)
|
3 | | (10 ILCS 5/16-6) (from Ch. 46, par. 16-6)
|
4 | | Sec. 16-6.
Whenever one or more proposals for amendment of |
5 | | the
constitution or the calling of a constitutional convention |
6 | | or any
combination thereof is or are to be voted upon by the |
7 | | people, the
proposition or propositions for the adoption or |
8 | | rejection of such
amendment or amendments or convention shall |
9 | | be submitted upon the same a ballot
separate from the |
10 | | "Official Ballot" containing the names of candidates
for State |
11 | | and other offices to be voted at such election. Such |
12 | | proposition or propositions shall be printed at the top of the |
13 | | "Official Ballot" preceding the names of candidates for State |
14 | | and other offices to be voted at such election. Such |
15 | | proposition or propositions shall be printed upon plain white |
16 | | paper with no shading, highlighting, or other distinct |
17 | | markings and shall include the official title of the section |
18 | | so named to be added or amended in the Constitution. Such |
19 | | separate
ballot shall be printed upon paper of a distinctly |
20 | | blue color and shall,
as near as may be practicable, be of |
21 | | uniform size and blue color, but
any variation in the size of |
22 | | such ballots or in the tincture of blue
employed shall not |
23 | | affect or impair the validity thereof. Preceding
each proposal |
24 | | to amend the constitution shall be printed the brief
|
25 | | explanation of the amendment, prepared by the General |
|
| | 10300SB2123ham004 | - 107 - | LRB103 26875 BMS 62242 a |
|
|
1 | | Assembly, or in the
case of a proposed amendment initiated by |
2 | | petition pursuant to Section
3 of Article XIV of the |
3 | | Constitution of the State of Illinois by the principal
|
4 | | proponents of the amendment as approved by the Attorney |
5 | | General, and
immediately below the explanation, the |
6 | | proposition shall be printed in
substantially the following |
7 | | form:
|
8 | | -------------------------------------------------------------
|
9 | | YES For the proposed amendment
- |
10 | | ---------- to Article ______ (or Section
|
11 | | NO _______ of Article ______) of
|
12 | | the Constitution.
|
13 | | -------------------------------------------------------------
|
14 | | In the case of a proposition for the calling of a |
15 | | constitutional
convention, such proposition shall be printed |
16 | | in substantially the
following form:
|
17 | | -------------------------------------------------------------
|
18 | | YES For the calling
- |
19 | | ---------- of a Constitutional
|
20 | | NO Convention.
|
21 | | -------------------------------------------------------------
|
22 | | Included with the ballot there On the back or outside of |
23 | | the ballot so as to appear when folded,
shall be a printed |
24 | | notice with the words "CONSTITUTION AMENDMENT BALLOT ", |
25 | | followed by the
designation of the polling place for which the |
26 | | ballot is prepared, the
date of the election and a facsimile of |
|
| | 10300SB2123ham004 | - 108 - | LRB103 26875 BMS 62242 a |
|
|
1 | | the signature of the clerk or
other officer who has caused the |
2 | | ballots to be printed. Immediately
above the words |
3 | | "CONSTITUTION AMENDMENT BALLOT " in the case of a proposition |
4 | | for
the calling of a constitutional convention or a |
5 | | proposition to amend the Constitution the following legend |
6 | | shall be
printed in bold face type:
|
7 | | "NOTICE
|
8 | | THE FAILURE TO VOTE THIS BALLOT MAY BE THE EQUIVALENT OF A |
9 | | NEGATIVE VOTE, BECAUSE A CONVENTION SHALL BE CALLED OR THE |
10 | | AMENDMENT SHALL BECOME EFFECTIVE IF APPROVED BY EITHER |
11 | | THREE-FIFTHS OF THOSE VOTING ON THE QUESTION OR A MAJORITY OF |
12 | | THOSE VOTING IN THE ELECTION.
(THIS IS NOT TO BE CONSTRUED AS A |
13 | | DIRECTION THAT YOUR VOTE IS REQUIRED
TO BE CAST EITHER IN FAVOR |
14 | | OF OR IN OPPOSITION TO THE PROPOSITION HEREIN
CONTAINED.)
|
15 | | WHETHER YOU VOTE THIS BALLOT OR NOT YOU MUST RETURN IT TO |
16 | | THE
ELECTION JUDGE WHEN YOU LEAVE THE VOTING BOOTH".
|
17 | | If a proposition for the calling of a constitutional |
18 | | convention is
submitted at the same election as one or more |
19 | | propositions to amend the
constitution, the proposition for |
20 | | the calling of a constitutional
convention shall be printed at |
21 | | the top of the ballot. In such case, the constitution |
22 | | amendment notice the
back or outside of the ballot shall be |
23 | | printed the same as if it were a
proposal solely to amend the |
24 | | constitution.
|
25 | | Where voting machines or electronic voting systems are |
26 | | used, the
provisions of this Section may be modified as |
|
| | 10300SB2123ham004 | - 109 - | LRB103 26875 BMS 62242 a |
|
|
1 | | required or authorized by
Article 24 or Article 24A, whichever |
2 | | is applicable.
|
3 | | (Source: P.A. 97-766, eff. 7-6-12.)
|
4 | | (10 ILCS 5/19-2.5) |
5 | | Sec. 19-2.5. Notice for vote by mail ballot. An election |
6 | | authority shall notify all qualified voters, except voters who |
7 | | have applied for permanent vote by mail status under |
8 | | subsection (b) of Section 19-3 or voters who submit a written |
9 | | request to be excluded from the permanent vote by mail status, |
10 | | not more than 90 days nor less than 45 days before a general or |
11 | | consolidated election , of the option for permanent vote by |
12 | | mail status using the following notice and including the |
13 | | application for permanent vote by mail status in subsection |
14 | | (b) of Section 19-3: |
15 | | "You may apply to permanently be placed on vote by mail |
16 | | status using the attached application.".
|
17 | | (Source: P.A. 102-15, eff. 6-17-21; 102-668, eff. 11-15-21.) |
18 | | (10 ILCS 5/19-3) (from Ch. 46, par. 19-3) |
19 | | Sec. 19-3. Application for a vote by mail ballot. |
20 | | (a) The
application for a vote by mail ballot for a single |
21 | | election shall be substantially in the
following form: |
22 | | APPLICATION FOR VOTE BY MAIL BALLOT |
23 | | To be voted at the .... election in the County of .... and |
24 | | State of
Illinois . , in the .... precinct of the (1) *township |
|
| | 10300SB2123ham004 | - 110 - | LRB103 26875 BMS 62242 a |
|
|
1 | | of .... (2) *City of
.... or (3) *.... ward in the City of .... |
2 | | I state that I am a resident of .... in the city or town 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. I state that I am a resident of the .... precinct of |
7 | | the (1)
*township of .... (2) *City of .... or (3) *.... ward |
8 | | in the city of
.... residing at .... in such city or town in |
9 | | the county of .... and
State of Illinois; that I have lived at |
10 | | such address for .... month(s)
last past; that I am lawfully |
11 | | entitled to vote in such precinct at the
.... election to be |
12 | | held therein on ....; and that I wish to vote by vote by mail |
13 | | ballot. |
14 | | I hereby make application for an official ballot or |
15 | | ballots to be
voted by me at such election, and I agree that I |
16 | | shall return such ballot or ballots to the
official issuing |
17 | | the same prior to the closing of the polls on the date
of the |
18 | | election or, if returned by mail, postmarked no later than |
19 | | election day, for counting no later than during the period for |
20 | | counting provisional ballots, the last day of which is the |
21 | | 14th day following election day. |
22 | | I understand that this application is made for an official |
23 | | vote by mail ballot or ballots to be voted by me at the |
24 | | election specified in this application and that I must submit |
25 | | a separate application for an official vote by mail ballot or |
26 | | ballots to be voted by me at any subsequent election. |
|
| | 10300SB2123ham004 | - 111 - | LRB103 26875 BMS 62242 a |
|
|
1 | | Under penalties as provided by law pursuant to Section |
2 | | 29-10 of the
Election Code, the undersigned certifies that the |
3 | | statements set forth
in this application are true and correct. |
4 | | .... |
5 | | *fill in either (1), (2) or (3). |
6 | | Post office address to which ballot is mailed: |
7 | | ............... |
8 | | (a-5) The application for a single vote by mail ballot |
9 | | transmitted electronically pursuant to Section 19-2.6 shall be |
10 | | substantively similar to the application for a vote by mail |
11 | | ballot for a single election and shall include: |
12 | | I swear or affirm that I am a voter with a print |
13 | | disability, and, as a result of this disability, I am |
14 | | making a request to receive a vote by mail ballot |
15 | | electronically so that I may privately and independently |
16 | | mark, verify, and print my vote by mail ballot. |
17 | | (b) The application for permanent vote by mail status |
18 | | shall be substantially in the following form: |
19 | | APPLICATION FOR PERMANENT VOTE BY MAIL STATUS |
20 | | I am currently a registered voter and wish to apply for |
21 | | permanent vote by mail status. |
22 | | I state that I am a resident of .... in the city or town of |
23 | | .... in the county of ....; that I have resided at such address |
24 | | for at least 30 days; that I am lawfully entitled to vote at |
25 | | the .... election to be held on ....; and that I wish to vote |
26 | | by mail in: I state that I am a resident of the City of .... |
|
| | 10300SB2123ham004 | - 112 - | LRB103 26875 BMS 62242 a |
|
|
1 | | residing at .... in such city in the county of .... and State |
2 | | of Illinois; that I have lived at such address for .... |
3 | | month(s) last past; that I am lawfully entitled to vote in such |
4 | | precinct at the .... election to be held therein on ....; and |
5 | | that I wish to vote by vote by mail ballot in: |
6 | | ..... all subsequent elections that do not require a party |
7 | | designation. |
8 | | ..... all subsequent elections, and I wish to receive a |
9 | | ................... Party vote by mail ballot in |
10 | | elections that require a party designation. |
11 | | I hereby make application for an official ballot or |
12 | | ballots to be voted by me at such election, and I agree that I |
13 | | shall return such ballot or ballots to the official issuing |
14 | | the same prior to the closing of the polls on the date of the |
15 | | election or, if returned by mail, postmarked no later than |
16 | | election day, for counting no later than during the period for |
17 | | counting provisional ballots, the last day of which is the |
18 | | 14th day following election day. |
19 | | Under penalties as provided by law under Section 29-10 of |
20 | | the Election Code, the undersigned certifies that the |
21 | | statements set forth in this application are true and correct. |
22 | | .... |
23 | | Post office address to which ballot is mailed: |
24 | | ............... |
25 | | (b-5) The application for permanent vote by mail ballots |
26 | | transmitted electronically pursuant to Section 19-2.6 shall be |
|
| | 10300SB2123ham004 | - 113 - | LRB103 26875 BMS 62242 a |
|
|
1 | | substantively similar to the application for permanent vote by |
2 | | mail status and shall include: |
3 | | I swear or affirm that I am a voter with a |
4 | | non-temporary print disability, and as a result of this |
5 | | disability, I am making a request to receive vote by mail |
6 | | ballots electronically so that I may privately and |
7 | | independently mark, verify, and print my vote by mail |
8 | | ballots. |
9 | | (c) However, if application is made for a primary election |
10 | | ballot, such
application shall require the applicant to |
11 | | designate the name of the political party with which
the |
12 | | applicant is affiliated. The election authority shall allow |
13 | | any voter on permanent vote by mail status to change his or her |
14 | | party affiliation for a primary election ballot by a method |
15 | | and deadline published and selected by the election authority. |
16 | | (d) If application is made electronically, the applicant |
17 | | shall mark the box associated with the above described |
18 | | statement included as part of the online application |
19 | | certifying that the statements set forth in the application |
20 | | under subsection (a) or (b) are true and correct, and a |
21 | | signature is not required. |
22 | | (e) Any person may produce, reproduce, distribute, or |
23 | | return to an election authority an application under this |
24 | | Section. If applications are sent to a post office box |
25 | | controlled by any individual or organization that is not an |
26 | | election authority, those applications shall (i) include a |
|
| | 10300SB2123ham004 | - 114 - | LRB103 26875 BMS 62242 a |
|
|
1 | | valid and current phone number for the individual or |
2 | | organization controlling the post office box and (ii) be |
3 | | turned over to the appropriate election authority within 7 |
4 | | days of receipt or, if received within 2 weeks of the election |
5 | | in which an applicant intends to vote, within 2 days of |
6 | | receipt. Failure to turn over the applications in compliance |
7 | | with this paragraph shall constitute a violation of this Code |
8 | | and shall be punishable as a petty offense with a fine of $100 |
9 | | per application. Removing, tampering with, or otherwise |
10 | | knowingly making the postmark on the application unreadable by |
11 | | the election authority shall establish a rebuttable |
12 | | presumption of a violation of this paragraph. Upon receipt, |
13 | | the appropriate election authority shall accept and promptly |
14 | | process any application under this Section submitted in a form |
15 | | substantially similar to that required by this Section, |
16 | | including any substantially similar production or reproduction |
17 | | generated by the applicant. |
18 | | (f) An election authority may combine the applications in |
19 | | subsections (a) and (b) onto one form, but the distinction |
20 | | between the applications must be clear and the form must |
21 | | provide check boxes for an applicant to indicate whether he or |
22 | | she is applying for a single election vote by mail ballot or |
23 | | for permanent vote by mail status. |
24 | | (Source: P.A. 102-15, eff. 6-17-21; 102-819, eff. 5-13-22.) |
25 | | (10 ILCS 5/19-5) (from Ch. 46, par. 19-5) |
|
| | 10300SB2123ham004 | - 115 - | LRB103 26875 BMS 62242 a |
|
|
1 | | Sec. 19-5. Folding and enclosure of ballots in unsealed |
2 | | envelope; address on envelope; certification; instructions for |
3 | | marking and returning ballots. It shall be the duty of the |
4 | | election authority to fold the
ballot or ballots in the manner |
5 | | specified by the statute for folding
ballots prior to their |
6 | | deposit in the ballot box, and to enclose such
ballot or |
7 | | ballots in an envelope unsealed to be furnished by the |
8 | | election authority him , which
envelope shall bear upon the |
9 | | face thereof the name, official title and
post office address |
10 | | of the election authority, and upon the other side
a printed |
11 | | certification in substantially the
following form:
|
12 | | I state that I am a resident of .... in the city or town of |
13 | | .... in the county of ....; that I have resided at such address |
14 | | for at least 30 days; and that I am lawfully entitled to cast a |
15 | | ballot. I state that I am a resident of the .... precinct of |
16 | | the (1)
*township of .... (2) *City of .... or (3) *.... ward |
17 | | in the city of
.... residing at .... in such city or town in |
18 | | the county of .... and
State of Illinois, that I have lived at |
19 | | such address for .... months
last past; and that I am lawfully |
20 | | entitled to vote in such precinct at the
.... election to be |
21 | | held on .....
|
22 | | *fill in either (1), (2) or (3).
|
23 | | I further state that I personally marked the enclosed |
24 | | ballot in secret.
|
25 | | Under penalties of perjury as provided by law pursuant to |
26 | | Section 29-10
of The Election Code, the undersigned certifies |
|
| | 10300SB2123ham004 | - 116 - | LRB103 26875 BMS 62242 a |
|
|
1 | | that the statements set
forth in this certification are true |
2 | | and correct.
|
3 | | .......................
|
4 | | If the ballot is to go to an elector who is physically |
5 | | incapacitated and needs assistance marking the ballot,
the |
6 | | envelope shall bear upon the back thereof a certification in
|
7 | | substantially the following form:
|
8 | | I state that I am a resident of .... in the city or town of |
9 | | .... in the county of ....; that I have resided at such address |
10 | | for at least 30 days; that I am lawfully entitled to cast a |
11 | | ballot; and that I am physically incapable of personally |
12 | | marking the ballot for this election. I state that I am a |
13 | | resident of the .... precinct of the (1)
*township of .... (2) |
14 | | *City of .... or (3) *.... ward in the city of
.... residing at |
15 | | .... in such city or town in the county of .... and
State of |
16 | | Illinois, that I have lived at such address for .... months
|
17 | | last past; that I am lawfully entitled to vote in such precinct |
18 | | at the
.... election to be held on ....; that I am physically |
19 | | incapable
of personally marking the ballot for
such election.
|
20 | | *fill in either (1), (2) or (3).
|
21 | | I further state that I marked the enclosed ballot in |
22 | | secret with the assistance of
|
23 | | .................................
|
24 | | (Individual rendering assistance)
|
25 | | .................................
|
26 | | (Residence Address)
|
|
| | 10300SB2123ham004 | - 117 - | LRB103 26875 BMS 62242 a |
|
|
1 | | Under penalties of perjury as provided by law pursuant to |
2 | | Section 29-10
of The Election Code, the undersigned certifies |
3 | | that the statements set forth
in this certification are true |
4 | | and correct.
|
5 | | .......................
|
6 | | In the case of a voter with a physical
incapacity, marking |
7 | | a ballot in secret includes marking a ballot with the
|
8 | | assistance of another individual, other than a candidate
whose |
9 | | name appears on the ballot (unless the voter is the spouse or a
|
10 | | parent, child, brother, or sister of the candidate),
the |
11 | | voter's employer, an
agent of that employer, or an officer or |
12 | | agent of the voter's union, when
the voter's physical |
13 | | incapacity necessitates such assistance.
|
14 | | In the case of a physically incapacitated voter, marking a |
15 | | ballot in secret includes marking a ballot with the
assistance |
16 | | of another individual, other than a candidate
whose name |
17 | | appears on the ballot (unless the voter is the spouse or a
|
18 | | parent, child, brother, or sister of the candidate), the |
19 | | voter's
employer, an
agent of that employer, or an officer or |
20 | | agent of the voter's union, when
the voter's physical |
21 | | incapacity necessitates such assistance.
|
22 | | Provided, that if the ballot enclosed is to be voted at a |
23 | | primary
election, the certification shall designate the name |
24 | | of the political
party with which the voter is affiliated.
|
25 | | In addition to the above, the election authority shall |
26 | | provide
printed slips, or an electronic version thereof for |
|
| | 10300SB2123ham004 | - 118 - | LRB103 26875 BMS 62242 a |
|
|
1 | | voters voting by mail pursuant to Section 19-2.6, giving full |
2 | | instructions regarding the manner of marking
and returning the |
3 | | ballot in order that the same may be counted, and
shall furnish |
4 | | one of such printed slips or the electronic version thereof |
5 | | for voters voting by mail pursuant to Section 19-2.6 to each of |
6 | | such applicants at
the same time the ballot is delivered to |
7 | | him.
Such instructions shall include the following statement: |
8 | | "In signing the
certification on the vote by mail ballot |
9 | | envelope, you are attesting that you
personally marked this |
10 | | vote by mail ballot in secret. If you are physically
unable to |
11 | | mark the ballot, a friend or relative may assist you after
|
12 | | completing the enclosed affidavit. Federal and State laws |
13 | | prohibit a
candidate whose name appears on the ballot (unless |
14 | | you
are the spouse or a parent, child, brother, or sister of |
15 | | the candidate), your
employer, your employer's agent or an |
16 | | officer or agent of your union
from assisting voters with |
17 | | physical disabilities."
|
18 | | In addition to the above, if a ballot to be provided to an |
19 | | elector
pursuant to this Section contains a public question |
20 | | described in subsection
(b) of Section 28-6 and the territory |
21 | | concerning which the question is
to be submitted is not |
22 | | described on the ballot due to the space limitations
of such |
23 | | ballot, the election authority shall provide a printed copy of
|
24 | | a notice of the public question, which shall include a |
25 | | description of the
territory in the manner required by Section |
26 | | 16-7. The notice shall be
furnished to the elector at the same |
|
| | 10300SB2123ham004 | - 119 - | LRB103 26875 BMS 62242 a |
|
|
1 | | time the ballot is delivered to the
elector.
|
2 | | Election authorities transmitting ballots by electronic |
3 | | transmission pursuant to Section 19-2.6 shall, to the greatest |
4 | | extent possible, provide those applicants with the same |
5 | | instructions, certifications, and other balloting materials |
6 | | required when sending ballots by mail. |
7 | | (Source: P.A. 102-819, eff. 5-13-22.)
|
8 | | (10 ILCS 5/19-8) (from Ch. 46, par. 19-8)
|
9 | | Sec. 19-8. Time and place of counting ballots. |
10 | | (a) (Blank.) |
11 | | (b) Each vote by mail voter's ballot returned to an |
12 | | election authority, by any means authorized by this Article, |
13 | | and received by that election authority before the closing of |
14 | | the polls on election day shall be endorsed by the receiving |
15 | | election authority with the day and hour of receipt and may be |
16 | | processed by the election authority beginning on the day it is |
17 | | received by the election authority in the central ballot |
18 | | counting location of the election authority, but the results |
19 | | of the processing may not be counted until the day of the |
20 | | election after 7:00 p.m., except as provided in subsections |
21 | | (g) and (g-5).
|
22 | | (c) Each vote by mail voter's ballot that is mailed to an |
23 | | election authority and postmarked no later than election day, |
24 | | but that is received by the election authority after the polls |
25 | | close on election day and before the close of the period for |
|
| | 10300SB2123ham004 | - 120 - | LRB103 26875 BMS 62242 a |
|
|
1 | | counting provisional ballots cast at that election, shall be |
2 | | endorsed by the receiving authority with the day and hour of |
3 | | receipt and shall be counted at the central ballot counting |
4 | | location of the election authority during the period for |
5 | | counting provisional ballots. |
6 | | Each vote by mail voter's ballot that is mailed to an |
7 | | election authority absent a postmark or a barcode usable with |
8 | | an intelligent mail barcode tracking system, but that is |
9 | | received by the election authority after the polls close on |
10 | | election day and before the close of the period for counting |
11 | | provisional ballots cast at that election, shall be endorsed |
12 | | by the receiving authority with the day and hour of receipt, |
13 | | opened to inspect the date inserted on the certification, and, |
14 | | if the certification date is election day or earlier and the |
15 | | ballot is otherwise found to be valid under the requirements |
16 | | of this Section, counted at the central ballot counting |
17 | | location of the election authority during the period for |
18 | | counting provisional ballots. Absent a date on the |
19 | | certification, the ballot shall not be counted.
|
20 | | If an election authority is using an intelligent mail |
21 | | barcode tracking system, a ballot that is mailed to an |
22 | | election authority absent a postmark may be counted if the |
23 | | intelligent mail barcode tracking system verifies the envelope |
24 | | was mailed no later than election day. |
25 | | (d) Special write-in vote by mail voter's blank ballots |
26 | | returned to an election authority, by any means authorized by |
|
| | 10300SB2123ham004 | - 121 - | LRB103 26875 BMS 62242 a |
|
|
1 | | this Article, and received by the election authority at any |
2 | | time before the closing of the polls on election day shall be |
3 | | endorsed by the receiving election authority with the day and |
4 | | hour of receipt and shall be counted at the central ballot |
5 | | counting location of the election authority during the same |
6 | | period provided for counting vote by mail voters' ballots |
7 | | under subsections (b), (g), and (g-5). Special write-in vote |
8 | | by mail voter's blank ballots that are mailed to an election |
9 | | authority and postmarked no later than election day, but that |
10 | | are received by the election authority after the polls close |
11 | | on election day and before the closing of the period for |
12 | | counting provisional ballots cast at that election, shall be |
13 | | endorsed by the receiving authority with the day and hour of |
14 | | receipt and shall be counted at the central ballot counting |
15 | | location of the election authority during the same periods |
16 | | provided for counting vote by mail voters' ballots under |
17 | | subsection (c). |
18 | | (e) Except as otherwise provided in this Section, vote by |
19 | | mail voters' ballots and special write-in vote by mail voter's |
20 | | blank ballots received by the election authority after the |
21 | | closing of the polls on an
election day shall be endorsed by |
22 | | the election authority receiving them
with the day and hour of |
23 | | receipt and shall be safely kept unopened by the
election |
24 | | authority for the period of time required for the preservation |
25 | | of
ballots used at the election, and shall then, without being |
26 | | opened, be
destroyed in like manner as the used ballots of that |
|
| | 10300SB2123ham004 | - 122 - | LRB103 26875 BMS 62242 a |
|
|
1 | | election.
|
2 | | (f) Counting required under this Section to begin on |
3 | | election day after the closing of the polls shall commence no |
4 | | later than 8:00 p.m. and shall be conducted
by a panel or |
5 | | panels of election judges appointed in the manner provided
by |
6 | | law. The counting shall continue until all vote by mail |
7 | | voters' ballots and special write-in vote by mail voter's |
8 | | blank ballots required to be counted on election day have been |
9 | | counted.
|
10 | | (g) The procedures set forth in Articles 17 and
18 of this |
11 | | Code shall apply to all ballots counted under
this Section. In |
12 | | addition, within 2 days after a vote by mail ballot is |
13 | | received, but in all cases before the close of the period for |
14 | | counting provisional ballots, the election judge or official |
15 | | shall compare the voter's signature on the certification |
16 | | envelope of that vote by mail ballot with the voter's |
17 | | signature on the application verified in accordance with |
18 | | Section 19-4 or the signature of the voter on file in the |
19 | | office of the election authority. If the election judge or |
20 | | official determines that the 2 signatures match, and that the |
21 | | vote by mail voter is otherwise qualified to cast a vote by |
22 | | mail ballot, the election authority shall cast and count the |
23 | | ballot on election day or the day the ballot is determined to |
24 | | be valid, whichever is later, adding the results to the |
25 | | precinct in which the voter is registered. If the election |
26 | | judge or official determines that the signatures do not match, |
|
| | 10300SB2123ham004 | - 123 - | LRB103 26875 BMS 62242 a |
|
|
1 | | or that the vote by mail voter is not qualified to cast a vote |
2 | | by mail ballot, then without opening the certification |
3 | | envelope, the judge or official shall mark across the face of |
4 | | the certification envelope the word "Rejected" and shall not |
5 | | cast or count the ballot. |
6 | | In addition to the voter's signatures not matching, a vote |
7 | | by mail ballot may be rejected by the election judge or |
8 | | official: |
9 | | (1) if the ballot envelope is open or has been opened |
10 | | and resealed; |
11 | | (2) if the voter has already cast an early or grace |
12 | | period ballot; |
13 | | (3) if the voter voted in person on election day or the |
14 | | voter is not a duly registered voter in the precinct; or |
15 | | (4) on any other basis set forth in this Code. |
16 | | If the election judge or official determines that any of |
17 | | these reasons apply, the judge or official shall mark across |
18 | | the face of the certification envelope the word "Rejected" and |
19 | | shall not cast or count the ballot.
|
20 | | (g-5) If a vote by mail ballot is rejected by the election |
21 | | judge or official for any reason, the election authority |
22 | | shall, within 2 days after the rejection but in all cases |
23 | | before the close of the period for counting provisional |
24 | | ballots, notify the vote by mail voter that his or her ballot |
25 | | was rejected. The notice shall inform the voter of the reason |
26 | | or reasons the ballot was rejected and shall state that the |
|
| | 10300SB2123ham004 | - 124 - | LRB103 26875 BMS 62242 a |
|
|
1 | | voter may appear before the election authority, on or before |
2 | | the 14th day after the election, to show cause as to why the |
3 | | ballot should not be rejected. The voter may present evidence |
4 | | to the election authority supporting his or her contention |
5 | | that the ballot should be counted. The election authority |
6 | | shall appoint a panel of 3 election judges to review the |
7 | | contested ballot, application, and certification envelope, as |
8 | | well as any evidence submitted by the vote by mail voter. No |
9 | | more than 2 election judges on the reviewing panel shall be of |
10 | | the same political party. The reviewing panel of election |
11 | | judges shall make a final determination as to the validity of |
12 | | the contested vote by mail ballot. The judges' determination |
13 | | shall not be reviewable either administratively or judicially. |
14 | | A vote by mail ballot subject to this subsection that is |
15 | | determined to be valid shall be counted before the close of the |
16 | | period for counting provisional ballots.
|
17 | | If a vote by mail ballot is rejected for any reason, the |
18 | | election authority shall, within one day after the rejection, |
19 | | transmit to the State Board of Elections by electronic means |
20 | | the voter's name, street address, email address and precinct, |
21 | | ward, township, and district numbers, as the case may be. If a |
22 | | rejected vote by mail ballot is determined to be valid, the |
23 | | election authority shall, within one day after the |
24 | | determination, remove the name of the voter from the list |
25 | | transmitted to the State Board of Elections. The State Board |
26 | | of Elections shall maintain the names and information in an |
|
| | 10300SB2123ham004 | - 125 - | LRB103 26875 BMS 62242 a |
|
|
1 | | electronic format on its website accessible to State and local |
2 | | political committees. |
3 | | Upon request by the State or local political committee, |
4 | | each election authority shall, within one day after the |
5 | | request, provide the following information about all rejected |
6 | | vote by mail ballots: voter's name, street address, email |
7 | | address and precinct, ward, township, and district numbers, as |
8 | | the case may be. |
9 | | (g-10) All vote by mail ballots determined to be valid |
10 | | shall be added to the vote totals for the precincts for which |
11 | | they were cast in the order in which the ballots were opened.
|
12 | | (h) Each political party, candidate, and qualified civic |
13 | | organization shall be entitled to have present one pollwatcher |
14 | | for each panel of election judges therein assigned.
|
15 | | (Source: P.A. 102-1126, eff. 2-10-23.)
|
16 | | (10 ILCS 5/22-9.1) (from Ch. 46, par. 22-9.1)
|
17 | | Sec. 22-9.1. Within 5 days after the last day for |
18 | | proclamation of the results of any
canvass declaring persons |
19 | | nominated, elected or declared eligible for a
runoff election |
20 | | for any office or declaring the
adoption or rejection of a |
21 | | question of public policy, the following
persons may file a |
22 | | petition for discovery:
|
23 | | (a) any candidate who, in the entire area in which |
24 | | votes may be cast
for the office for which he is a |
25 | | candidate, received votes equal in
number to at least 95% |
|
| | 10300SB2123ham004 | - 126 - | LRB103 26875 BMS 62242 a |
|
|
1 | | of the number of votes cast for any successful
candidate |
2 | | for the same office; and
|
3 | | (b) any 5 electors of the same area within which votes |
4 | | may be cast
on a question of public policy, if the results |
5 | | of the canvass are such
that the losing side on the |
6 | | question would have been the prevailing side
had it |
7 | | received an additional number of votes equal to 5% of the |
8 | | total
number of votes cast on the question.
|
9 | | A petition under this Section shall be filed with the |
10 | | election authority
for purposes of
discovery only. The |
11 | | petition shall ask that ballots, voting machines,
or ballot |
12 | | cards - as the case may be - shall be examined, that any
|
13 | | automatic tabulating equipment shall be tested, and that |
14 | | ballots,
recorded votes, or ballot cards - as the case may be - |
15 | | shall be counted
in specified precincts, not exceeding 25% of |
16 | | the
total number of precincts within the jurisdiction
of the |
17 | | election authority. Where there are fewer than 4 precincts |
18 | | under
the jurisdiction of the election authority and within |
19 | | the area in which
votes could be cast
in the election in |
20 | | connection with which the petition has been filed,
discovery |
21 | | shall be permitted in one of such precincts.
|
22 | | A petition filed under this Section shall be accompanied |
23 | | by the
payment of a fee of $50 $10.00 per precinct specified.
|
24 | | All such fees shall be paid by the election authority into the |
25 | | county or city
treasury, as the case may be.
|
26 | | After 3 days notice in writing to the successful candidate |
|
| | 10300SB2123ham004 | - 127 - | LRB103 26875 BMS 62242 a |
|
|
1 | | for the
same office or, in the case of a question of public |
2 | | policy, such
notice as will reasonably inform interested |
3 | | persons of the time and
place of the discovery proceedings, |
4 | | the election authority shall examine the
ballots, voting |
5 | | machines, ballot cards, voter affidavits and applications
for |
6 | | ballot, test the automatic
tabulating equipment, and count the |
7 | | ballots, recorded votes, and ballot
cards in the specified |
8 | | election districts or precincts. At the request
of any |
9 | | candidate entitled to participate in the discovery |
10 | | proceedings, the
election authority shall also make available |
11 | | for examination the ballot
applications and voter affidavits |
12 | | for the specified precincts. Each candidate
affected by such |
13 | | examination shall have the right to attend the same in
person |
14 | | or by his representative. In the case of a question of public
|
15 | | policy, the board shall permit an equal number of acknowledged
|
16 | | proponents and acknowledged opponents to attend the |
17 | | examination.
|
18 | | On completion of the count of any ballots in each district |
19 | | or
precinct, the ballots shall be secured and sealed in the |
20 | | same manner
required of judges of election by Sections 7-54 |
21 | | and 17-20 of the Election Code.
The handling of the ballots in |
22 | | accord with this Section shall not of
itself affect the |
23 | | admissibility in evidence of the ballots in any other
|
24 | | proceedings, either legislative or judicial.
|
25 | | The results of the examination and count shall not be |
26 | | certified, used
to amend or change the abstracts of the votes |
|
| | 10300SB2123ham004 | - 128 - | LRB103 26875 BMS 62242 a |
|
|
1 | | previously completed, used
to deny the successful candidate |
2 | | for the same office his certificate of
nomination or election, |
3 | | nor used to change the previously declared result of the vote
|
4 | | on a question of public policy. Such count shall not be binding |
5 | | in an
election contest brought about under the provisions of |
6 | | the Election
Code, shall not be a prerequisite to bringing |
7 | | such an election contest,
shall not prevent the bringing of |
8 | | such an election contest, nor shall it
affect the results of |
9 | | the canvass previously proclaimed.
|
10 | | (Source: P.A. 94-647, eff. 1-1-06.)
|
11 | | (10 ILCS 5/23-23) (from Ch. 46, par. 23-23)
|
12 | | Sec. 23-23. The case shall be tried in like manner as other |
13 | | civil cases,
and may be heard and determined by the court at |
14 | | any time not less than 10
days after service of process, or at |
15 | | any time after the defendant is
required by notification to |
16 | | appear, and shall have preference in the order
of hearing to |
17 | | all other cases. The court may make and enforce all necessary
|
18 | | orders for the preservation and production of the ballots, |
19 | | poll books,
tally papers, returns, registers and other papers |
20 | | or evidence that may bear
upon the contest.
|
21 | | Whenever a petition for a recount has been filed as |
22 | | provided in this
Article, any opposing candidate or any |
23 | | elector, under like provisions and
in like manner may file a |
24 | | petition within 10 days after the completion of
the canvass of |
25 | | the precincts specified in the petition for a further
recount |
|
| | 10300SB2123ham004 | - 129 - | LRB103 26875 BMS 62242 a |
|
|
1 | | of the votes cast in any or all of the balance of the precincts |
2 | | in
the county, municipality or other political subdivision, as |
3 | | the case may be.
|
4 | | In event the court, in any such case, is of the opinion |
5 | | that such action will
expedite hearing and determination of |
6 | | the contest, the court may
refer the case to the election |
7 | | authority to recount the ballots, to take testimony and other
|
8 | | evidence, to examine the election returns, to make a record of |
9 | | all objections
to be heard by the court that may be made to the |
10 | | election returns or to any of
them or to any ballots cast or |
11 | | counted, and to take all necessary steps and do
all necessary |
12 | | things to determine the true and correct result of the |
13 | | election
and to make report thereof to the court. The election |
14 | | authority shall have authority to count the
ballots or cause |
15 | | the same to be counted under its supervision and direction, to
|
16 | | conduct such hearing or hearings as may be necessary and |
17 | | proper, to apply to
the court in the manner provided by law for |
18 | | the issuance of subpoenas or for
any other appropriate order |
19 | | or orders to compel the attendance of witnesses,
and to take |
20 | | such steps and perform such duties and acts in connection with |
21 | | the
conduct of any such hearing or hearings as may be |
22 | | necessary. The election authority may, with the
approval of |
23 | | the court, employ such assistants as may be necessary and |
24 | | proper to
provide for counting the ballots, examining the |
25 | | election returns and for taking
all necessary steps and doing |
26 | | all necessary things to determine the true and
correct result |
|
| | 10300SB2123ham004 | - 130 - | LRB103 26875 BMS 62242 a |
|
|
1 | | of the election under the direction and supervision of the |
2 | | election authority. Upon the motion or application of the |
3 | | election authority or of any party to the case, the court shall |
4 | | require the party contesting the election to deposit moneys |
5 | | with the court as security for costs as reasonably needed to |
6 | | compensate the election authority for the costs incurred in |
7 | | relation to the election contest. The money deposited for |
8 | | security shall be taxed and allowed as costs to compensate the |
9 | | election authority for the services of its assistants and for |
10 | | reimbursement of expenses incurred by the election authority |
11 | | in relation to the election contest. The election authority |
12 | | shall not be required to undertake any work in furtherance of |
13 | | the election contest until the necessary funds are deposited |
14 | | with the court. Any money deposited as security for costs by a |
15 | | petitioner contesting an election must be returned to the |
16 | | petitioner if the judgment of the court is to annul the |
17 | | election or to declare as elected someone other than the |
18 | | person whose election is contested. The election authority
|
19 | | shall receive such compensation for its services and such |
20 | | allowances for the
services of its assistants and for |
21 | | reimbursement of expenses incurred by it as
shall be approved |
22 | | by the court, and all such compensation and allowances when
|
23 | | approved by the court shall be taxed and allowed as costs in |
24 | | such cause. The
court may from time to time, upon the court's |
25 | | own motion or upon the
application of the election authority |
26 | | or of any party to said cause, require the parties to the
cause |
|
| | 10300SB2123ham004 | - 131 - | LRB103 26875 BMS 62242 a |
|
|
1 | | or any of them to deposit such amounts of money with the court |
2 | | as
security for costs as the court may deem reasonable and |
3 | | proper.
|
4 | | Any petitioner may amend his petition at any time before |
5 | | the completion
of the recount by withdrawing his request for a |
6 | | recount of certain
precincts, or by requesting a recount of |
7 | | additional specified precincts.
The petitioner shall deposit |
8 | | or shall cause to be deposited, such amounts
of money as the |
9 | | court may require as security for costs for such additional
|
10 | | precincts as the court may deem reasonable and proper.
|
11 | | Any money deposited as security for costs by a petitioner |
12 | | contesting an
election must be returned to such petitioner if |
13 | | the judgment of the court
is to annul the election or to |
14 | | declare as elected someone other than the
person whose |
15 | | election is contested.
|
16 | | Any money deposited as security for costs by a petitioner |
17 | | in opposition
to a petition contesting an election must be |
18 | | returned to such petitioner if
the judgment of the court is to |
19 | | confirm the election or to declare as
elected the person whose |
20 | | election is contested.
|
21 | | (Source: P.A. 94-647, eff. 1-1-06.)
|
22 | | Section 15. The Metropolitan Pier and Exposition Authority |
23 | | Act is amended by changing Section 14 as follows: |
24 | | (70 ILCS 210/14) (from Ch. 85, par. 1234) |
|
| | 10300SB2123ham004 | - 132 - | LRB103 26875 BMS 62242 a |
|
|
1 | | Sec. 14. Board; compensation. The governing and |
2 | | administrative body of the Authority shall be a
board known as |
3 | | the Metropolitan Pier and Exposition Board. On the effective |
4 | | date of this amendatory Act of the 96th General Assembly, the |
5 | | Trustee shall assume the duties and powers of the Board for a |
6 | | period of 18 months or until the Board is fully constituted, |
7 | | whichever is later. Any action requiring Board approval shall |
8 | | be deemed approved by the Board if the Trustee approves the |
9 | | action in accordance with Section 14.5. Beginning the first |
10 | | Monday of the month occurring 18 months after the effective |
11 | | date of this amendatory Act of the 96th General Assembly and |
12 | | until the effective date of this amendatory Act of the 102nd |
13 | | General Assembly, the Board shall consist of 9 members. On and |
14 | | after the effective date of this amendatory Act of the 102nd |
15 | | General Assembly, the Board shall consist of 11 members. The |
16 | | Governor shall appoint 5 members to the Board, subject to the |
17 | | advice and consent of the Senate. The Mayor shall appoint 5 |
18 | | members to the Board. At least one member of the Board shall |
19 | | represent the interests of labor, and at least one member of |
20 | | the Board shall represent the interests of the convention |
21 | | industry. A majority of the members appointed by the Governor |
22 | | and Mayor shall appoint a ninth member to serve as the |
23 | | chairperson until the chairperson's term expires on or after |
24 | | the effective date of this amendatory Act of the 102nd General |
25 | | Assembly, at which time, a majority of the members appointed |
26 | | by the Governor and Mayor shall appoint an eleventh member to |
|
| | 10300SB2123ham004 | - 133 - | LRB103 26875 BMS 62242 a |
|
|
1 | | serve as the chairperson. The Board shall be fully constituted |
2 | | when a quorum has been appointed. The members of
the board |
3 | | shall be individuals of generally recognized ability and
|
4 | | integrity. No member of the Board may be (i) an
officer or |
5 | | employee of, or a member of a board, commission or authority |
6 | | of,
the State, any unit of local government or any school |
7 | | district or (ii) a person who served on the Board prior to the |
8 | | effective date of this amendatory Act of the 96th General |
9 | | Assembly. |
10 | | Of the initial members appointed by the Governor, one |
11 | | shall serve for a term expiring June 1, 2013, one shall serve |
12 | | for a term expiring June 1, 2014, one shall serve for a term |
13 | | expiring June 1, 2015, and one shall serve for a term expiring |
14 | | June 1, 2016, as determined by the Governor. Of the initial |
15 | | members appointed by the Mayor, one shall serve for a term |
16 | | expiring June 1, 2013, one shall serve for a term expiring June |
17 | | 1, 2014, one shall serve for a term expiring June 1, 2015, and |
18 | | one shall serve for a term expiring June 1, 2016, as determined |
19 | | by the Mayor. The initial chairperson appointed by the Board |
20 | | shall serve a term for a term expiring June 1, 2015. Additional |
21 | | members of the Board appointed pursuant to this amendatory Act |
22 | | of the 102nd General Assembly shall serve for a term expiring |
23 | | on June 1, 2026. Successors shall be appointed to 4-year |
24 | | terms. |
25 | | Members of the Board shall serve without compensation, but |
26 | | shall be reimbursed for actual
expenses incurred by them in |
|
| | 10300SB2123ham004 | - 134 - | LRB103 26875 BMS 62242 a |
|
|
1 | | the performance of their duties. All members of
the Board and |
2 | | employees of the Authority are subject to the Illinois
|
3 | | Governmental Ethics Act, in accordance with its terms. |
4 | | A mayor of a municipality with a population of over |
5 | | 500,000 shall not have the authority to make an appointment to |
6 | | the Board within the last 45 days of his or her term, |
7 | | retroactive to April 1, 2023, except if that mayor's |
8 | | re-election is certified by the relevant election authority. |
9 | | (Source: P.A. 102-699, eff. 4-19-22; 102-1129, eff. 2-10-23.) |
10 | | Section 20. The Park District Code is amended by changing |
11 | | Sections 2-10a and 2-12a as follows:
|
12 | | (70 ILCS 1205/2-10a) (from Ch. 105, par. 2-10a)
|
13 | | Sec. 2-10a.
Any district may provide by referendum, or by |
14 | | resolution of
the board, that the board shall be comprised of 7 |
15 | | commissioners. Any such
referendum shall be initiated and held |
16 | | in the same manner as is provided
by the general election law.
|
17 | | If a majority of the votes cast on the proposition is in |
18 | | favor of the 7-member
board, or if the board adopts a |
19 | | resolution stating that it is acting pursuant
to this Section |
20 | | in order to create a 7-member board, then whichever of the
|
21 | | following transition schedules are appropriate shall be |
22 | | applied: At the
election of commissioners next following by at |
23 | | least 197 60 days after the date on
which the proposition to |
24 | | create a 7-member board was approved at referendum
or by |
|
| | 10300SB2123ham004 | - 135 - | LRB103 26875 BMS 62242 a |
|
|
1 | | resolution, the number of commissioners to be elected shall be |
2 | | 2 more
than the number that would otherwise have been elected. |
3 | | If this results
in the election, pursuant to Section 2-12 of |
4 | | this Act, of 4 commissioners
at that election, one of the 4, to |
5 | | be determined by lot within 30 days after
the election, shall |
6 | | serve for a term of 4 years or 2 years as the case
may be, |
7 | | instead of 6 years, so that his term will expire in the same |
8 | | year
in which the term of only one of the incumbent |
9 | | commissioners expires.
Thereafter ,
all commissioners shall be |
10 | | elected for 6-year terms as provided in Section
2-12. If the |
11 | | creation of a 7-member board results in the election of either
|
12 | | 3 or 4 commissioners, pursuant to Section 2-12a of this Act, at |
13 | | that election,
2 of them, to
be determined by lot within 30 |
14 | | days after the election, shall serve for
terms of 2 years |
15 | | instead of 4 years. Thereafter , all commissioners shall
be |
16 | | elected for 4-year terms as provided in Section 2-12a of this |
17 | | Act.
|
18 | | In any district where a 7-member board has been created |
19 | | pursuant to this
Section whether by referendum or by |
20 | | resolution, the number of commissioners
may later be reduced |
21 | | to 5, but only by a referendum initiated and held in
the same |
22 | | manner as prescribed in this Section for creating a 7-member |
23 | | board.
No proposition to reduce the number of commissioners |
24 | | shall affect the terms
of any commissioners holding office at |
25 | | the time of the referendum or to
be elected within 197 60 days |
26 | | after of the referendum. If a majority of the votes cast on the |
|
| | 10300SB2123ham004 | - 136 - | LRB103 26875 BMS 62242 a |
|
|
1 | | proposition is in favor of reducing a 7-member board to a |
2 | | 5-member board, then, at the election of commissioners next |
3 | | following by at least 197 60 days after the date on which the |
4 | | proposition was approved at referendum, the number of |
5 | | commissioners to be elected shall be 2 less than the number |
6 | | that would otherwise have been elected and whichever of the |
7 | | following transition schedules are appropriate shall be |
8 | | applied: (i) if this results in the election of no |
9 | | commissioners for a 6-year term pursuant to Section 2-12 of |
10 | | this Act, then at the next election in which 3 commissioners |
11 | | are scheduled to be elected to 6-year terms as provided in |
12 | | Section 2-12, one of the 3, to be determined by lot within 30 |
13 | | days after the election, shall serve for a term of 4 years or 2 |
14 | | years, as the case may be, instead of 6 years, so that his or |
15 | | her term will expire in the same year in which the term of no |
16 | | incumbent commissioner is scheduled to expire; thereafter, all |
17 | | commissioners shall be elected for 6-year terms as provided in |
18 | | Section 2-12; or (ii) if the reduction to a 5-member board |
19 | | results in the election of one commissioner to a 4-year term, |
20 | | pursuant to Section 2-12a of this Act, then at the next |
21 | | election in which 4 commissioners are scheduled to be elected |
22 | | to 4-year terms as provided in Section 2-12a, one of the 4, to |
23 | | be determined by lot within 30 days after the election, shall |
24 | | serve for a term of 2 years, instead of 4 years, so that his or |
25 | | her term will expire in the same year in which the term of only |
26 | | one incumbent commissioner is scheduled to expire; thereafter, |
|
| | 10300SB2123ham004 | - 137 - | LRB103 26875 BMS 62242 a |
|
|
1 | | all commissioners shall be elected for 4-year terms as |
2 | | provided in Section 2-12a.
|
3 | | (Source: P.A. 100-351, eff. 8-25-17.)
|
4 | | (70 ILCS 1205/2-12a) (from Ch. 105, par. 2-12a)
|
5 | | Sec. 2-12a.
Any district may provide, either by resolution |
6 | | of the board
or by referendum, that the term of commissioners |
7 | | shall be 4 years rather
than 6 years. Any such referendum shall |
8 | | be initiated and held in the same
manner as is provided by the |
9 | | general election law for public questions
authorized by |
10 | | Article VII of the Illinois Constitution.
|
11 | | If a majority of the votes cast on the proposition is in |
12 | | favor of a 4-year
term for commissioners, or if the Board |
13 | | adopts a resolution stating that
it is acting pursuant to this |
14 | | Section to change the term of office from
6 years to 4 years, |
15 | | commissioners thereafter elected, commencing with the
first |
16 | | regular park district election at least 197 60 days after the |
17 | | date on
which the proposition for 4-year terms was approved at |
18 | | referendum or by
resolution, shall be elected for a term of 4 |
19 | | years. In order to provide
for the transition from 6-year |
20 | | terms to 4-year terms: |
21 | | (1) If 2 commissioners on a 5-member board
are to be |
22 | | elected at the first such election and if the term of only |
23 | | one
commissioner is scheduled to expire in the year of the |
24 | | next election at
which commissioners are elected, of the 2 |
25 | | commissioners elected, one shall
serve a 2-year
term and |
|
| | 10300SB2123ham004 | - 138 - | LRB103 26875 BMS 62242 a |
|
|
1 | | one a 4-year term, to be determined by lot between the 2 |
2 | | persons
elected within 30 days after the election. |
3 | | (2) On a 7-member board under Section 2-10a, if the |
4 | | terms of only 2 commissioners are scheduled to expire in |
5 | | the year of the second election at which commissioners are |
6 | | elected after the first regular park district election at |
7 | | least 197 60 days after the date on which the proposition |
8 | | for 4-year terms was approved at referendum or by |
9 | | resolution, then: |
10 | | (A) if 3 commissioners are elected at the first |
11 | | regular election, 2 of the commissioners elected shall |
12 | | serve a 2-year term and one shall serve a 4-year term |
13 | | to be determined by lot between persons elected within |
14 | | 30 days after the first election; or |
15 | | (B) if 2 commissioners are elected at the first |
16 | | regular election, those 2 commissioners elected shall |
17 | | serve a 2-year term.
|
18 | | In any district where the board has created 4-year terms |
19 | | pursuant to
this Section, whether by referendum or by |
20 | | resolution, the length of terms
may later be increased to 6 |
21 | | years, but only by a referendum initiated and
held in the same |
22 | | manner as prescribed in this Section for creating 4-year
|
23 | | terms. No proposition to increase the terms of commissioners |
24 | | shall affect
any commissioner holding office at the time of |
25 | | the referendum or to be
elected within 197 60 days after of the |
26 | | referendum.
|
|
| | 10300SB2123ham004 | - 139 - | LRB103 26875 BMS 62242 a |
|
|
1 | | (Source: P.A. 101-58, eff. 7-12-19.)
|
2 | | Section 25. The School Code is amended by changing Section |
3 | | 24-2 as follows:
|
4 | | (105 ILCS 5/24-2) (from Ch. 122, par. 24-2)
|
5 | | Sec. 24-2. Holidays. |
6 | | (a) Teachers shall not be required
to teach on Saturdays, |
7 | | nor, except as provided in subsection (b) of this Section, |
8 | | shall teachers or other school
employees, other than |
9 | | noncertificated school employees whose presence is
necessary |
10 | | because of an emergency or for the continued operation and
|
11 | | maintenance of school facilities or property, be
required to |
12 | | work on legal school
holidays, which are January 1, New Year's |
13 | | Day; the third Monday in
January, the Birthday of Dr. Martin |
14 | | Luther King, Jr.; February 12, the
Birthday of President |
15 | | Abraham Lincoln; the
first Monday in March (to be known as |
16 | | Casimir Pulaski's birthday); Good
Friday; the day designated |
17 | | as Memorial Day by federal law; June 19, Juneteenth National |
18 | | Freedom Day; July 4,
Independence Day; the first Monday in |
19 | | September, Labor Day; the second Monday
in October, Columbus |
20 | | Day; November 11, Veterans' Day; the Thursday in
November |
21 | | commonly called Thanksgiving Day; and December 25, Christmas |
22 | | Day.
School boards may grant special holidays whenever in |
23 | | their judgment such
action is advisable. No deduction shall
be |
24 | | made from the time or
compensation of a school employee on |
|
| | 10300SB2123ham004 | - 140 - | LRB103 26875 BMS 62242 a |
|
|
1 | | account of any legal
or special holiday.
|
2 | | (b) A school board or other entity eligible to apply for |
3 | | waivers and modifications under Section 2-3.25g of this Code |
4 | | is authorized to hold school or schedule teachers' institutes, |
5 | | parent-teacher conferences, or staff development on the third |
6 | | Monday in January (the Birthday of Dr. Martin Luther King, |
7 | | Jr.); February 12 (the Birthday of President Abraham Lincoln); |
8 | | the first Monday in March (known as Casimir Pulaski's |
9 | | birthday); the second Monday in October (Columbus Day); and |
10 | | November 11 (Veterans' Day), provided that: |
11 | | (1) the person or persons honored by the holiday are |
12 | | recognized through instructional activities conducted on |
13 | | that day or, if the day is not used for student attendance, |
14 | | on the first school day preceding or following that day; |
15 | | and |
16 | | (2) the entity that chooses to exercise this authority |
17 | | first holds a public hearing about the proposal. The |
18 | | entity shall provide notice preceding the public hearing |
19 | | to both educators and parents. The notice shall set forth |
20 | | the time, date, and place of the hearing, describe the |
21 | | proposal, and indicate that the entity will take testimony |
22 | | from educators and parents about the proposal.
|
23 | | (c) Commemorative holidays, which recognize specified |
24 | | patriotic, civic,
cultural or historical persons, activities, |
25 | | or events, are regular school
days. Commemorative
holidays |
26 | | are: January 17 (the birthday of Muhammad Ali), January 28 (to |
|
| | 10300SB2123ham004 | - 141 - | LRB103 26875 BMS 62242 a |
|
|
1 | | be known as Christa McAuliffe Day and
observed as a |
2 | | commemoration of space exploration), February 15 (the
birthday |
3 | | of Susan B. Anthony), March 29 (Viet Nam War Veterans' Day),
|
4 | | September 11 (September 11th Day of Remembrance), the school |
5 | | day
immediately preceding Veterans' Day (Korean War Veterans'
|
6 | | Day), October 1 (Recycling Day), October 7 (Iraq and |
7 | | Afghanistan Veterans Remembrance Day), December 7 (Pearl |
8 | | Harbor Veterans' Day), and
any day so appointed by the |
9 | | President or
Governor. School boards may establish |
10 | | commemorative holidays whenever in
their judgment such action |
11 | | is advisable.
School boards shall include instruction relative |
12 | | to commemorated persons,
activities, or
events on the |
13 | | commemorative holiday or at any other time during the school
|
14 | | year and at any point in the curriculum when such instruction |
15 | | may be deemed
appropriate. The State Board of Education shall |
16 | | prepare and make available
to school boards instructional |
17 | | materials relative to commemorated persons,
activities,
or |
18 | | events which may be used by school boards in conjunction with |
19 | | any
instruction provided pursuant to this paragraph.
|
20 | | (d) City of Chicago School District 299 shall observe |
21 | | March 4 of each year as
a commemorative holiday. This holiday |
22 | | shall be known as Mayors' Day which
shall be a day to |
23 | | commemorate and be reminded of the past Chief Executive
|
24 | | Officers of the City of Chicago, and in particular the late |
25 | | Mayor Richard
J. Daley and the late Mayor Harold Washington. |
26 | | If March 4 falls on a
Saturday or Sunday, Mayors' Day shall be |
|
| | 10300SB2123ham004 | - 142 - | LRB103 26875 BMS 62242 a |
|
|
1 | | observed on the following Monday. |
2 | | (e) Notwithstanding any other provision of State law to |
3 | | the contrary, November 3, 2020 shall be a State holiday known |
4 | | as 2020 General Election Day and shall be observed throughout |
5 | | the State pursuant to this amendatory Act of the 101st General |
6 | | Assembly. All government offices, with the exception of |
7 | | election authorities, shall be closed unless authorized to be |
8 | | used as a location for election day services or as a polling |
9 | | place. |
10 | | Notwithstanding any other provision of State law to the |
11 | | contrary, November 8, 2022 shall be a State holiday known as |
12 | | 2022 General Election Day and shall be observed throughout the |
13 | | State under Public Act 102-15. |
14 | | Notwithstanding any other provision of State law to the |
15 | | contrary, November 5, 2024 shall be a State holiday known as
|
16 | | 2024 General Election Day and shall be observed throughout |
17 | | this
State pursuant to this amendatory Act of the 103rd |
18 | | General Assembly.
|
19 | | (Source: P.A. 101-642, eff. 6-16-20; 102-14, eff. 1-1-22; |
20 | | 102-15, eff. 6-17-21; 102-334, eff. 8-9-21; 102-411, eff. |
21 | | 1-1-22; 102-813, eff. 5-13-22.)
|
22 | | Section 95. No acceleration or delay. Where this Act makes |
23 | | changes in a statute that is represented in this Act by text |
24 | | that is not yet or no longer in effect (for example, a Section |
25 | | represented by multiple versions), the use of that text does |