093_HB0113
LRB093 02620 JAM 02630 b
1 AN ACT concerning the use of mail-in ballots in certain
2 elections.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Election Code is amended by changing
6 Sections 4-11, 7-5, 7-15, 7-16, 13-1, 13-2, 14-1, 14-3.1,
7 24A-6, and 24B-6 and adding Article 19A as follows:
8 (10 ILCS 5/4-11) (from Ch. 46, par. 4-11)
9 Sec. 4-11. At least 2 weeks prior to the general
10 November election in each even numbered year and the
11 consolidated election in each odd-numbered year the county
12 clerk shall cause a list to be made for each precinct of all
13 names upon the registration record cards not marked or
14 erased, in alphabetical order, with the address, provided,
15 that such list may be arranged geographically, by street and
16 number, in numerical order, with respect to all precincts in
17 which all, or substantially all residences of voters therein
18 shall be located upon and numbered along streets, avenues,
19 courts, or other highways which are either named or numbered,
20 upon direction either of the county board or of the circuit
21 court. On the list, the county clerk shall indicate, by
22 italics, asterisk, or other means, the names of all persons
23 who have registered since the last regularly scheduled
24 election in the consolidated schedule of elections
25 established in Section 2A-1.1 of this Act. The county clerk
26 shall cause such precinct lists to be printed or typed in
27 sufficient numbers to meet all reasonable demands, and upon
28 application a copy of the same shall be given to any person
29 applying therefor. By such time, the county clerk shall give
30 the precinct lists to the chairman of a county central
31 committee of an established political party, as such party is
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1 defined in Section 10-2 of this Act, or to the chairman's
2 duly authorized representative. Within 30 days of the
3 effective date of this Amendatory Act of 1983, the county
4 clerk shall give the precinct lists compiled prior to the
5 general November election of 1982 to the chairman of county
6 central committee of an established political party or to the
7 chairman's duly authorized representative.
8 Subject to the provisions of Article 19A, prior to the
9 opening of the polls for other elections, the county clerk
10 shall transmit or deliver to the judges of election of each
11 polling place a corrected list of registered voters in the
12 precinct, or the names of persons added to and erased or
13 withdrawn from the list for such precinct. At other times
14 such list, currently corrected, shall be kept available for
15 public inspection in the office of the county clerk.
16 Within 60 days after each general election the county
17 clerk shall indicate by italics, asterisk, or other means, on
18 the list of registered voters in each precinct, each
19 registrant who voted at that general election, and shall
20 provide a copy of such list to the chairman of the county
21 central committee of each established political party or to
22 the chairman's duly authorized representative.
23 Within 60 days after the effective date of this
24 amendatory Act of 1983, the county clerk shall indicate by
25 italics, asterisk, or other means, on the list of registered
26 voters in each precinct, each registrant who voted at the
27 general election of 1982, and shall provide a copy of such
28 coded list to the chairman of the county central committee of
29 each established political party or to the chairman's duly
30 authorized representative.
31 The county clerk may charge a fee to reimburse the actual
32 cost of duplicating each copy of a list provided under
33 either of the 2 preceding paragraphs.
34 (Source: P.A. 90-358, eff. 1-1-98.)
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1 (10 ILCS 5/7-5) (from Ch. 46, par. 7-5)
2 Sec. 7-5. (a) Primary elections shall be held on the
3 dates prescribed in Article 2A.
4 (b) Notwithstanding the provisions of any other statute,
5 no primary shall be held for an established political party
6 in any township, municipality, or ward thereof, where the
7 nomination of such party for every office to be voted upon by
8 the electors of such township, municipality, or ward thereof,
9 is uncontested. Whenever a political party's nomination of
10 candidates is uncontested as to one or more, but not all, of
11 the offices to be voted upon by the electors of a township,
12 municipality, or ward thereof, then a primary shall be held
13 for that party in such township, municipality, or ward
14 thereof; provided that the primary ballot shall not include
15 those offices within such township, municipality, or ward
16 thereof, for which the nomination is uncontested. For
17 purposes of this Article, the nomination of an established
18 political party of a candidate for election to an office
19 shall be deemed to be uncontested where not more than the
20 number of persons to be nominated have timely filed valid
21 nomination papers seeking the nomination of such party for
22 election to such office.
23 (c) Notwithstanding the provisions of any other statute,
24 no primary election shall be held for an established
25 political party for any special primary election called for
26 the purpose of filling a vacancy in the office of
27 representative in the United States Congress where the
28 nomination of such political party for said office is
29 uncontested. For the purposes of this Article, the
30 nomination of an established political party of a candidate
31 for election to said office shall be deemed to be uncontested
32 where not more than the number of persons to be nominated
33 have timely filed valid nomination papers seeking the
34 nomination of such established party for election to said
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1 office. This subsection (c) shall not apply if such primary
2 election is conducted on a regularly scheduled election day.
3 (d) Notwithstanding the provisions in subsection (b) and
4 (c) of this Section whenever a person who has not timely
5 filed valid nomination papers and who intends to become a
6 write-in candidate for a political party's nomination for any
7 office for which the nomination is uncontested files a
8 written statement or notice of that intent with the State
9 Board of Elections or the local election official with whom
10 nomination papers for such office are filed, a primary ballot
11 shall be prepared and a primary shall be held for that
12 office. Such statement or notice shall be filed on or before
13 the date established in this Article for certifying
14 candidates for the primary ballot. Such statement or notice
15 shall contain (i) the name and address of the person
16 intending to become a write-in candidate, (ii) a statement
17 that the person is a qualified primary elector of the
18 political party from whom the nomination is sought, (iii) a
19 statement that the person intends to become a write-in
20 candidate for the party's nomination, and (iv) the office the
21 person is seeking as a write-in candidate. An election
22 authority shall have no duty to conduct a primary and prepare
23 a primary ballot for any office for which the nomination is
24 uncontested, unless a statement or notice meeting the
25 requirements of this Section is filed in a timely manner.
26 (e) Except for the general primary election conducted
27 under Article 19A, the polls shall be open from 6:00 a.m. to
28 7:00 p.m. The State Board of Elections shall adopt rules for
29 the conduct of the election under Article 19A.
30 (Source: P.A. 86-873.)
31 (10 ILCS 5/7-15) (from Ch. 46, par. 7-15)
32 Sec. 7-15. At least 60 days prior to each general and
33 consolidated primary, the election authority shall provide
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1 public notice, calculated to reach elderly and handicapped
2 voters, of the availability of registration and voting aids
3 under the Federal Voting Accessibility for the Elderly and
4 Handicapped Act, of the availability of assistance in marking
5 the ballot, and procedures for voting by absentee ballot. At
6 least 20 days before the general primary the county clerk of
7 each county, and not more than 30 nor less than 10 days
8 before the consolidated primary the election authority, shall
9 prepare in the manner provided in this Act, a notice of such
10 primary which notice shall state the time and place of
11 holding the primary, the procedures for using mail-in ballots
12 in the election subject to Article 19A, the hours during
13 which the polls will be open, the offices for which
14 candidates will be nominated at such primary and the
15 political parties entitled to participate therein,
16 notwithstanding that no candidate of any such political party
17 may be entitled to have his name printed on the primary
18 ballot. Such notice shall also include the list of addresses
19 of precinct polling places for the consolidated primary
20 unless such list is separately published by the election
21 authority not less than 10 days before the consolidated
22 primary.
23 In counties, municipalities, or towns having fewer than
24 500,000 inhabitants notice of the general primary shall be
25 published once in two or more newspapers published in the
26 county, municipality or town, as the case may be, or if there
27 is no such newspaper, then in any two or more newspapers
28 published in the county and having a general circulation
29 throughout the community.
30 In counties, municipalities, or towns having 500,000 or
31 more inhabitants notice of the general primary shall be
32 published at least 15 days prior to the primary by the same
33 authorities and in the same manner as notice of election for
34 general elections are required to be published in counties,
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1 municipalities or towns of 500,000 or more inhabitants under
2 this Act.
3 Notice of the consolidated primary shall be published
4 once in one or more newspapers published in each political
5 subdivision having such primary, and if there is no such
6 newspaper, then published once in a local, community
7 newspaper having general circulation in the subdivision, and
8 also once in a newspaper published in the county wherein the
9 political subdivisions, or portions thereof, having such
10 primary are situated.
11 (Source: P.A. 84-808.)
12 (10 ILCS 5/7-16) (from Ch. 46, par. 7-16)
13 Sec. 7-16. Each election authority in each county shall
14 prepare and cause to be printed the primary ballot of each
15 political party for each precinct in his respective
16 jurisdiction.
17 The election authority shall, at least 45 days prior to
18 the date of the primary election, have a sufficient number of
19 ballots printed so that such ballots will be available for
20 mailing 45 days prior to the primary election to persons who
21 have filed application for a ballot under the provisions of
22 Article 20 of this Act.
23 If a general primary election is subject to the
24 provisions of Article 19A, the election authority shall, not
25 more than 40 nor less than 5 days before the date of the
26 election, mail a ballot to each registered voter.
27 (Source: P.A. 80-1469.)
28 (10 ILCS 5/13-1) (from Ch. 46, par. 13-1)
29 Sec. 13-1. In counties not under township organization,
30 the county board of commissioners shall at its meeting in May
31 in each even-numbered year appoint in each election precinct
32 5 capable and discreet persons meeting the qualifications of
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1 Section 13-4 to be judges of election. Where neither voting
2 machines nor electronic, mechanical or electric voting
3 systems are used, the county board may, for any precinct with
4 respect to which the board considers such action necessary or
5 desirable in view of the number of voters, and shall for
6 general elections for any precinct containing more than 600
7 registered voters, appoint in addition to the 5 judges of
8 election a team of 5 tally judges. In such precincts the
9 judges of election shall preside over the election during the
10 hours the polls are open, and the tally judges, with the
11 assistance of the holdover judges designated pursuant to
12 Section 13-6.2, shall count the vote after the closing of the
13 polls. However, the County Board of Commissioners may appoint
14 3 judges of election to serve in lieu of the 5 judges of
15 election otherwise required by this Section to serve in any
16 emergency referendum, or in any odd-year regular election or
17 in any special primary or special election called for the
18 purpose of filling a vacancy in the office of representative
19 in the United States Congress or to nominate candidates for
20 such purpose. If a general primary election is conducted
21 under Article 19A, the County Board of Commissioners shall
22 appoint a team of 5 tally judges to serve in lieu of the 5
23 judges of election otherwise required by this Section. The
24 tally judges shall possess the same qualifications and shall
25 be appointed in the same manner and with the same division
26 between political parties as is provided for judges of
27 election.
28 In addition to such precinct judges, the county board of
29 commissioners shall appoint special panels of 3 judges each,
30 who shall possess the same qualifications and shall be
31 appointed in the same manner and with the same division
32 between political parties as is provided for other judges of
33 election. The number of such panels of judges required shall
34 be determined by regulations of the State Board of Elections
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1 which shall base the required numbers of special panels on
2 the number of registered voters in the jurisdiction or the
3 number of absentee ballots voted at recent elections, or any
4 combination of such factors.
5 Such appointment shall be confirmed by the court as
6 provided in Section 13-3 of this Article. No more than 3
7 persons of the same political party shall be appointed judges
8 of the same election precinct or election judge panel. The
9 appointment shall be made in the following manner: The county
10 board of commissioners shall select and approve 3 persons as
11 judges of election in each election precinct from a certified
12 list, furnished by the chairman of the County Central
13 Committee of the first leading political party in such
14 precinct; and the county board of commissioners shall also
15 select and approve 2 persons as judges of election in each
16 election precinct from a certified list, furnished by the
17 chairman of the County Central Committee of the second
18 leading political party. However, if only 3 judges of
19 election serve in each election precinct, no more than 2
20 persons of the same political party shall be judges of
21 election in the same election precinct; and which political
22 party is entitled to 2 judges of election and which political
23 party is entitled to one judge of election shall be
24 determined in the same manner as set forth in the next two
25 preceding sentences with regard to 5 election judges in each
26 precinct. Such certified list shall be filed with the county
27 clerk not less than 10 days before the annual meeting of the
28 county board of commissioners. Such list shall be arranged
29 according to precincts. The chairman of each county central
30 committee shall, insofar as possible, list persons who reside
31 within the precinct in which they are to serve as judges.
32 However, he may, in his sole discretion, submit the names of
33 persons who reside outside the precinct but within the county
34 embracing the precinct in which they are to serve. He must,
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1 however, submit the names of at least 2 residents of the
2 precinct for each precinct in which his party is to have 3
3 judges and must submit the name of at least one resident of
4 the precinct for each precinct in which his party is to have
5 2 judges. The county board of commissioners shall acknowledge
6 in writing to each county chairman the names of all persons
7 submitted on such certified list and the total number of
8 persons listed thereon. If no such list is filed or such list
9 is incomplete (that is, no names or an insufficient number of
10 names are furnished for certain election precincts), the
11 county board of commissioners shall make or complete such
12 list from the names contained in the supplemental list
13 provided for in Section 13-1.1. The election judges shall
14 hold their office for 2 years from their appointment, and
15 until their successors are duly appointed in the manner
16 provided in this Act. The county board of commissioners shall
17 fill all vacancies in the office of judge of election at any
18 time in the manner provided in this Act.
19 (Source: P.A. 91-352, eff. 1-1-00.)
20 (10 ILCS 5/13-2) (from Ch. 46, par. 13-2)
21 Sec. 13-2. In counties under the township organization
22 the county board shall at its meeting in May in each
23 even-numbered year except in counties containing a population
24 of 3,000,000 inhabitants or over and except when such judges
25 are appointed by election commissioners, select in each
26 election precinct in the county, 5 capable and discreet
27 persons to be judges of election who shall possess the
28 qualifications required by this Act for such judges. Where
29 neither voting machines nor electronic, mechanical or
30 electric voting systems are used, the county board may, for
31 any precinct with respect to which the board considers such
32 action necessary or desirable in view of the number of
33 voters, and shall for general elections for any precinct
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1 containing more than 600 registered voters, appoint in
2 addition to the 5 judges of election a team of 5 tally
3 judges. In such precincts the judges of election shall
4 preside over the election during the hours the polls are
5 open, and the tally judges, with the assistance of the
6 holdover judges designated pursuant to Section 13-6.2, shall
7 count the vote after the closing of the polls. The tally
8 judges shall possess the same qualifications and shall be
9 appointed in the same manner and with the same division
10 between political parties as is provided for judges of
11 election.
12 However, the county board may appoint 3 judges of
13 election to serve in lieu of the 5 judges of election
14 otherwise required by this Section to serve in any emergency
15 referendum, or in any odd-year regular election or in any
16 special primary or special election called for the purpose of
17 filling a vacancy in the office of representative in the
18 United States Congress or to nominate candidates for such
19 purpose.
20 If a general primary election is conducted under Article
21 19A, the county board shall appoint a team of 5 tally judges
22 to serve in lieu of the 5 judges of election otherwise
23 required by this Section.
24 In addition to such precinct judges, the county board
25 shall appoint special panels of 3 judges each, who shall
26 possess the same qualifications and shall be appointed in the
27 same manner and with the same division between political
28 parties as is provided for other judges of election. The
29 number of such panels of judges required shall be determined
30 by regulations of the State Board of Elections, which shall
31 base the required number of special panels on the number of
32 registered voters in the jurisdiction or the number of
33 absentee ballots voted at recent elections or any combination
34 of such factors.
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1 No more than 3 persons of the same political party shall
2 be appointed judges in the same election district or
3 undivided precinct. The election of the judges of election in
4 the various election precincts shall be made in the following
5 manner: The county board shall select and approve 3 of the
6 election judges in each precinct from a certified list
7 furnished by the chairman of the County Central Committee of
8 the first leading political party in such election precinct
9 and shall also select and approve 2 judges of election in
10 each election precinct from a certified list furnished by the
11 chairman of the County Central Committee of the second
12 leading political party in such election precinct. However,
13 if only 3 judges of election serve in each election precinct,
14 no more than 2 persons of the same political party shall be
15 judges of election in the same election precinct; and which
16 political party is entitled to 2 judges of election and which
17 political party is entitled to one judge of election shall be
18 determined in the same manner as set forth in the next two
19 preceding sentences with regard to 5 election judges in each
20 precinct. The respective County Central Committee chairman
21 shall notify the county board by June 1 of each odd-numbered
22 year immediately preceding the annual meeting of the county
23 board whether or not such certified list will be filed by
24 such chairman. Such list shall be arranged according to
25 precincts. The chairman of each county central committee
26 shall, insofar as possible, list persons who reside within
27 the precinct in which they are to serve as judges. However,
28 he may, in his sole discretion, submit the names of persons
29 who reside outside the precinct but within the county
30 embracing the precinct in which they are to serve. He must,
31 however, submit the names of at least 2 residents of the
32 precinct for each precinct in which his party is to have 3
33 judges and must submit the name of at least one resident of
34 the precinct for each precinct in which his party is to have
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1 2 judges. Such certified list, if filed, shall be filed with
2 the county clerk not less than 20 days before the annual
3 meeting of the county board. The county board shall
4 acknowledge in writing to each county chairman the names of
5 all persons submitted on such certified list and the total
6 number of persons listed thereon. If no such list is filed or
7 the list is incomplete (that is, no names or an insufficient
8 number of names are furnished for certain election
9 precincts), the county board shall make or complete such list
10 from the names contained in the supplemental list provided
11 for in Section 13-1.1. Provided, further, that in any case
12 where a township has been or shall be redistricted, in whole
13 or in part, subsequent to one general election for Governor,
14 and prior to the next, the judges of election to be selected
15 for all new or altered precincts shall be selected in that
16 one of the methods above detailed, which shall be applicable
17 according to the facts and circumstances of the particular
18 case, but the majority of such judges for each such precinct
19 shall be selected from the first leading political party, and
20 the minority judges from the second leading political party.
21 Provided, further, that in counties having a population of
22 1,000,000 inhabitants or over the selection of judges of
23 election shall be made in the same manner in all respects as
24 in other counties, except that the provisions relating to
25 tally judges are inapplicable to such counties and except
26 that the county board shall meet during the month of January
27 for the purpose of making such selection and the chairman of
28 each county central committee shall notify the county board
29 by the preceding October 1 whether or not the certified list
30 will be filed. Such judges of election shall hold their
31 office for 2 years from their appointment and until their
32 successors are duly appointed in the manner provided in this
33 Act. The county board shall fill all vacancies in the office
34 of judges of elections at any time in the manner herein
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1 provided.
2 Such selections under this Section shall be confirmed by
3 the circuit court as provided in Section 13-3 of this
4 Article.
5 (Source: P.A. 91-352, eff. 1-1-00.)
6 (10 ILCS 5/14-1) (from Ch. 46, par. 14-1)
7 Sec. 14-1. (a) The board of election commissioners
8 established or existing under Article 6 shall, at the time
9 and in the manner provided in Section 14-3.1, select and
10 choose 5 persons, men or women, as judges of election for
11 each precinct in such city, village or incorporated town.
12 Where neither voting machines nor electronic, mechanical
13 or electric voting systems are used, the board of election
14 commissioners may, for any precinct with respect to which the
15 board considers such action necessary or desirable in view of
16 the number of voters, and shall for general elections for any
17 precinct containing more than 600 registered voters, appoint
18 in addition to the 5 judges of election a team of 5 tally
19 judges. In such precincts the judges of election shall
20 preside over the election during the hours the polls are
21 open, and the tally judges, with the assistance of the
22 holdover judges designated pursuant to Section 14-5.2, shall
23 count the vote after the closing of the polls. The tally
24 judges shall possess the same qualifications and shall be
25 appointed in the same manner and with the same division
26 between political parties as is provided for judges of
27 election. The foregoing provisions relating to the
28 appointment of tally judges are inapplicable in counties with
29 a population of 1,000,000 or more.
30 If a general primary election is conducted under Article
31 19A, the board of election commissioners shall appoint a team
32 of 5 tally judges to serve in lieu of the 5 judges of
33 election otherwise required by this Section.
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1 (b) To qualify as judges the persons must:
2 (1) be citizens of the United States;
3 (2) be of good repute and character;
4 (3) be able to speak, read and write the English
5 language;
6 (4) be skilled in the 4 fundamental rules of
7 arithmetic;
8 (5) be of good understanding and capable;
9 (6) not be candidates for any office at the
10 election and not be elected committeemen;
11 (7) reside and be entitled to vote in the precinct
12 in which they are selected to serve, except that in each
13 precinct not more than one judge of each party may be
14 appointed from outside such precinct. Any judge so
15 appointed to serve in any precinct in which he is not
16 entitled to vote must be entitled to vote elsewhere
17 within the county which encompasses the precinct in which
18 such judge is appointed and such judge must otherwise
19 meet the qualifications of this Section.
20 (c) An election authority may establish a program to
21 permit a person who is not entitled to vote to be appointed
22 as an election judge if, as of the date of the election at
23 which the person serves as a judge, he or she:
24 (1) is a U.S. citizen;
25 (2) is a senior in good standing enrolled in a
26 public or private secondary school;
27 (3) has a cumulative grade point average equivalent
28 to at least 3.0 on a 4.0 scale;
29 (4) has the written approval of the principal of
30 the secondary school he or she attends at the time of
31 appointment;
32 (5) has the written approval of his or her parent
33 or legal guardian;
34 (6) has satisfactorily completed the training
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1 course for judges of election described in Sections
2 13-2.1, 13-2.2, and 14-4.1; and
3 (7) meets all other qualifications for appointment
4 and service as an election judge.
5 No more than one election judge qualifying under this
6 subsection may serve per political party per precinct. Prior
7 to appointment, a judge qualifying under this subsection must
8 certify in writing to the election authority the political
9 party the judge chooses to affiliate with.
10 Students appointed as election judges under this
11 subsection shall not be counted as absent from school on the
12 day they serve as judges.
13 (d) The board of election commissioners may select 2
14 additional judges of election, one from each of the major
15 political parties, for each 200 voters in excess of 600 in
16 any precinct having more than 600 voters as authorized by
17 Section 11--3. These additional judges must meet the
18 qualifications prescribed in this Section.
19 (Source: P.A. 91-352, eff. 1-1-00.)
20 (10 ILCS 5/14-3.1) (from Ch. 46, par. 14-3.1)
21 Sec. 14-3.1. The board of election commissioners shall,
22 during the month of May of each even-numbered year, select
23 for each election precinct within the jurisdiction of the
24 board 5 persons to be judges of election who shall possess
25 the qualifications required by this Act for such judges. The
26 selection shall be made by a county board of election
27 commissioners in the following manner: the county board of
28 election commissioners shall select and approve 3 persons as
29 judges of election in each election precinct from a certified
30 list furnished by the chairman of the county central
31 committee of the first leading political party in that
32 precinct; the county board of election commissioners also
33 shall select and approve 2 persons as judges of election in
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1 each election precinct from a certified list furnished by the
2 chairman of the county central committee of the second
3 leading political party in that precinct. The selection by a
4 municipal board of election commissioners shall be made in
5 the following manner: for each precinct, 3 judges shall be
6 selected from one of the 2 leading political parties and the
7 other 2 judges shall be selected from the other leading
8 political party; the parties entitled to 3 and 2 judges,
9 respectively, in the several precincts shall be determined as
10 provided in Section 14-4. However, a Board of Election
11 Commissioners may appoint three judges of election to serve
12 in lieu of the 5 judges of election otherwise required by
13 this Section to serve in any emergency referendum, or in any
14 odd-year regular election or in any special primary or
15 special election called for the purpose of filling a vacancy
16 in the office of representative in the United States Congress
17 or to nominate candidates for such purpose.
18 If a general primary election is conducted under Article
19 19A, a Board of Election Commissioners shall appoint a team
20 of 5 tally judges to serve in lieu of the 5 judges of
21 election otherwise required by this Section.
22 If only 3 judges of election serve in each election
23 precinct, no more than 2 persons of the same political party
24 shall be judges of election in the same election precinct,
25 and which political party is entitled to 2 judges of election
26 and which political party is entitled to one judge of
27 election shall be determined as set forth in this Section for
28 a county board of election commissioners' selection of 5
29 election judges in each precinct or in Section 14-4 for a
30 municipal board of election commissioners' selection of
31 election judges in each precinct, whichever is appropriate.
32 In addition to such precinct judges, the board of election
33 commissioners shall appoint special panels of 3 judges each,
34 who shall possess the same qualifications and shall be
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1 appointed in the same manner and with the same division
2 between political parties as is provided for other judges of
3 election. The number of such panels of judges required shall
4 be determined by regulation of the State Board of Elections,
5 which shall base the required number of special panels on the
6 number of registered voters in the jurisdiction or the number
7 of absentee ballots voted at recent elections or any
8 combination of such factors. A municipal board of election
9 commissioners shall make the selections of persons qualified
10 under Section 14-1 from certified lists furnished by the
11 chairman of the respective county central committees of the 2
12 leading political parties. Lists furnished by chairmen of
13 county central committees under this Section shall be
14 arranged according to precincts. The chairman of each county
15 central committee shall, insofar as possible, list persons
16 who reside within the precinct in which they are to serve as
17 judges. However, he may, in his sole discretion, submit the
18 names of persons who reside outside the precinct but within
19 the county embracing the precinct in which they are to serve.
20 He must, however, submit the names of at least 2 residents of
21 the precinct for each precinct in which his party is to have
22 3 judges and must submit the name of at least one resident of
23 the precinct for each precinct in which his party is to have
24 2 judges. The board of election commissioners shall no later
25 than March 1 of each even-numbered year notify the chairmen
26 of the respective county central committees of their
27 responsibility to furnish such lists, and each such chairman
28 shall furnish the board of election commissioners with the
29 list for his party on or before May 1 of each even-numbered
30 year. The board of election commissioners shall acknowledge
31 in writing to each county chairman the names of all persons
32 submitted on such certified list and the total number of
33 persons listed thereon. If no such list is furnished or if no
34 names or an insufficient number of names are furnished for
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1 certain precincts, the board of election commissioners shall
2 make or complete such list from the names contained in the
3 supplemental list provided for in Section 14-3.2. Judges of
4 election shall hold their office for 2 years from their
5 appointment and until their successors are duly appointed in
6 the manner herein provided. The board of election
7 commissioners shall, subject to the provisions of Section
8 14-3.2, fill all vacancies in the office of judges of
9 election at any time in the manner herein provided.
10 Such selections under this Section shall be confirmed by
11 the court as provided in Section 14-5.
12 (Source: P.A. 89-471, eff. 6-13-96.)
13 (10 ILCS 5/Art.19A heading new)
14 Article 19A. MAIL-IN BALLOTS FOR THE GENERAL PRIMARY
15 ELECTION
16 (10 ILCS 5/19A-5 new)
17 Sec. 19A-5. Pilot program; voting in the general primary
18 election. In the year 2006, the State Board of Elections
19 shall select one county with a population of less than
20 3,000,000 for a pilot program using mail-in ballots. Any
21 qualified elector of that county may vote at the general
22 primary election for offices listed in subsection (b) of
23 Section 2A-1.2 through ballots mailed to the voter and
24 returned to the proper election authority by mail.
25 Each election authority in the county participating in
26 the program shall compile and keep current a list of voters
27 who are eligible to vote under this Article. The list shall
28 include the last mailing address of each voter.
29 (10 ILCS 5/19A-10 new)
30 Sec. 19A-10. Time for mailing ballots. The election
31 authority, not more than 40 nor less than 5 days before the
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1 general primary election held in March of 2006, shall mail,
2 postage prepaid, an official ballot, or ballots if more than
3 one are to be voted at the election, to each registered voter
4 eligible to vote under this Article. The ballot or ballots
5 shall be mailed to each voter's last mailing address and
6 shall be marked "DO NOT FORWARD - ADDRESS CORRECTION
7 REQUESTED" or any other similar statement that is in
8 accordance with United States postal service regulations.
9 The election authority shall maintain a list for each
10 election of the voters to whom ballots have been issued. The
11 list shall be maintained for each precinct within the
12 jurisdiction of the election authority.
13 (10 ILCS 5/19A-15 new)
14 Sec. 19A-15. Enclosure of ballots in unsealed envelope;
15 certification; instructions for marking and returning
16 ballots. The election authority shall fold the ballot or
17 ballots in the manner specified by the statute for folding
18 ballots prior to their deposit in the ballot box, and shall
19 enclose the ballot or ballots in an unsealed envelope to be
20 furnished by the election authority. The envelope shall bear
21 on its face the name, official title, and post office address
22 of the election authority.
23 The printed certificate on the envelope shall be in
24 substantially the following form:
25 "I state that I am a resident of the .......... precinct
26 of the (1)* township of .......... (2)* city of ..........
27 (3)* .......... ward in the city of .......... residing at
28 .......... in the city or town in the county of ..........
29 and State of Illinois, that I have lived at the address for
30 ... months last past; and that I am lawfully entitled to vote
31 in the precinct at the election to be held on .......
32 * fill in either (1), (2), or (3).
33 I further state that I personally marked the enclosed
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1 ballot in secret. If I received assistance in casting my
2 ballot, I further attest that, due to physical incapacity, I
3 marked the enclosed ballot in secret with the assistance of
4 .................................
5 (Individual rendering assistance)
6 .................................
7 (Residence address)
8 Under penalties of perjury provided by law under Section
9 29-10 of the Election Code, the undersigned certifies that
10 the statements set forth in this certification are true and
11 correct.
12 ........................."
13 In addition, the election authority shall provide printed
14 slips giving full instructions regarding the manner of
15 marking and returning the ballot in order that the same may
16 be counted, and shall furnish one of the printed slips to
17 each voter at the same time the ballot is mailed to the
18 voter. The instructions shall include the following
19 statement: "In signing the certification on the ballot
20 envelope, you are attesting that you personally marked this
21 ballot in secret. If you are physically unable to mark the
22 ballot, a friend or relative may assist you after completing
23 the enclosed affidavit. Federal and State laws prohibit your
24 employer, your employer's agent, or an officer or agent of
25 your union from assisting physically disabled voters."
26 In addition, if a ballot to be provided to a voter under
27 this Section contains a public question described in
28 subsection (b) of Section 28-6 and the territory concerning
29 the question to be submitted is not described on the ballot
30 due to that space limitations of the ballot, the election
31 authority shall provide a printed copy of the notice of the
32 public question, which shall included a description of the
33 territory in the manner required by Section 16-7. The notice
34 shall be furnished to the voter at the time the ballot is
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1 mailed to the voter.
2 (10 ILCS 5/19A-20 new)
3 Sec. 19A-20. Certification of voters; return of ballots.
4 The voter shall make and subscribe to the certification
5 provided for on the return envelope for the ballot, and the
6 ballot or ballots shall be folded by the voter in the manner
7 required to be folded before depositing the ballot in the
8 ballot box, and shall be deposited in the envelope and the
9 envelope securely sealed. The voter shall then endorse his or
10 her certificate on the back of the envelope, and the envelope
11 shall be mailed by the voter, postage prepaid, to the
12 election authority issuing the ballot, or if more convenient,
13 it may be delivered in person, by either the voter or by a
14 spouse, parent, child, brother, or sister of the voter, or by
15 a company licensed by the Illinois Commerce Commission under
16 the Illinois Commercial Transportation Law that is engaged in
17 the business of making deliveries. If a voter gives his or
18 her ballot and ballot envelope to a spouse, parent, child,
19 brother, or sister of the voter, or to a company that is
20 engaged in the business of making deliveries for delivery to
21 the election authority, the voter shall give an authorization
22 form to the person making the delivery. The person making the
23 delivery shall present the authorization to the election
24 authority. The authorization shall be in substantially the
25 following form:
26 "I .............. (voter) authorize
27 ...................... to take my ballot to the office of the
28 election authority.
29 ........................ ...........................
30 Date Signature of voter
31 ........................ ...........................
32 Town Address
33 ........................ ...........................
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1 Date Signature of authorized
2 Individual
3 ........................ ...........................
4 Town Relationship (if any)"
5 (10 ILCS 5/19A-25 new)
6 Sec. 19A-25. Receipt of ballots. Upon receipt of the
7 voter's ballot, the election authority shall enclose the
8 unopened ballot in a large or carrier envelope that shall be
9 securely sealed and endorsed with the name and official title
10 of the officer and the words, "This envelope contains a
11 ballot and must be opened on election day", together with the
12 number and description of the precinct in which the ballot is
13 to be voted, and the officer shall safely keep the envelope
14 in his or her office until counted as provided in Section
15 19A-30.
16 (10 ILCS 5/19A-30 new)
17 Sec. 19A-30. Counting of ballots. The ballots received
18 by the election authority before 7:00 p.m. of the day of the
19 general primary election shall be counted at the office of
20 the election authority by the tally judges, appointed under
21 this Code for that purpose. The counting shall commence no
22 later than 8:00 p.m. The counting shall continue until all
23 ballots received have been counted.
24 The procedures set forth in Section 19A-35 of this Act
25 and Articles 17 and 18 of this Code shall apply to all
26 ballots counted under this provision, including comparing the
27 signature on the ballot envelope with the signature of the
28 voter on the permanent voter registration record card taken
29 from the master file; except the votes shall be recorded
30 without regard to precinct designation, except for precinct
31 offices.
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1 (10 ILCS 5/19A-35 new)
2 Sec. 19A-35. Casting ballots; comparison of signatures;
3 rejection of ballots. The tally judges shall cast the
4 voter's ballots separately, and as each ballot is taken shall
5 open the outer or carrier envelope, announce the voter's
6 name, and compare the signature on the permanent voter
7 registration record card taken from the master file with the
8 signature upon the certification on the ballot envelope. In
9 case the judges find the certification properly executed,
10 that the signatures correspond, and that the applicant is a
11 duly qualified elector, they shall open the envelope
12 containing the ballot in such a manner as not to deface or
13 destroy the certification, or mark or tear the ballots
14 therein contained without unfolding or permitting the ballot
15 to be unfolded or examined, and having endorsed the ballot in
16 like manner as other ballots are required to be endorsed,
17 shall deposit the same in the proper ballot box or boxes and
18 enter the voter's name in the poll book the same as if the
19 voter had been present and voted in person. The judges shall
20 place the ballot certification envelopes in a separate
21 envelope as per the direction of the election authority. The
22 envelope containing the ballot certification envelopes shall
23 be retained by the election authority and preserved in like
24 manner as the official poll record.
25 In case the signatures do not correspond, or that the
26 voter is not a duly qualified elector, or that the ballot
27 envelope is open or has been opened and resealed, without
28 opening the envelope the judge of election shall mark across
29 the face thereof, "Rejected", giving the reason therefor.
30 In case the ballot envelope contains more than one ballot
31 of any kind, the ballots shall not be counted, but shall be
32 marked "Rejected", giving the reason therefor.
33 The voter's envelope, and the voter's envelope with its
34 contents unopened when the vote is rejected, shall be
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1 retained and preserved in the manner now provided for the
2 retention and preservation of official ballots rejected at
3 the election.
4 (10 ILCS 5/19A-40 new)
5 Sec. 19A-40. Pollwatchers. On election day,
6 pollwatchers shall be permitted to be present during the
7 casting of the mail ballots, and the vote of any voter may be
8 challenged for cause the same as if he or she were present
9 and voted in person, and the tally judges or a majority of
10 them shall have power and authority to hear and determine the
11 legality of the ballot; provided, however, that if a
12 challenge to any voter's right to vote is sustained, notice
13 of the same must be given by the tally judges by mail
14 addressed to the voter's place of residence.
15 Where ballots are counted on the day of the election in
16 the office of the election authority as provided in Section
17 19A-30 of this Article, each political party, candidate, and
18 qualified civic organization shall be entitled to have
19 present one pollwatcher for each panel of election judges
20 therein assigned. The pollwatchers shall be subject to the
21 same provisions as are proscribed for pollwatchers in Section
22 7-34 and 17-23 of this Code, and shall be permitted to
23 observe the signature comparison between that which is on the
24 ballot envelope and that which is on the permanent voter
25 registration record card taken from the master file.
26 (10 ILCS 5/19A-45 new)
27 Sec. 19A-45. Death of an elector before election day.
28 Whenever it shall be made to appear by due proof to the tally
29 judges that any elector who has marked and forwarded his or
30 her ballot as provided in this Article has died before the
31 date of the election, then the ballot of the deceased voter
32 shall be retained by the tally judges in the same manner as
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1 provided for rejected ballots; but the casting of the ballot
2 of a deceased voter shall not invalidate the election.
3 (10 ILCS 5/19A-50 new)
4 Sec. 19A-50. Application to jurisdiction using voting
5 machines. In all jurisdictions in which voting machines are
6 used, all the provisions of the Article relating to the
7 furnishing of ballot boxes, printing, and furnishing official
8 ballots and supplies in the number provided by law, the
9 canvassing of the ballots and making the proper return of the
10 result of the election shall, to the extent necessary to make
11 this Article effective, apply with full force and effect.
12 (10 ILCS 5/19A-55 new)
13 Sec. 19A-55. Adoption of rules for mail-in ballots. The
14 State Board of Elections shall conduct public hearings and
15 adopt rules and procedures for the implementation of the use
16 of mail-in ballots within 270 days after the effective date
17 of this amendatory Act of the 93rd General Assembly.
18 (b) In addition to any other duties prescribed by law,
19 the State Board of Elections shall:
20 (1) prescribe the form of materials to be used in
21 the conduct of mail-in ballot elections;
22 (2) establish procedures consistent with this
23 Article for the conduct of mail-in ballot elections; and
24 (3) supervise the conduct of mail-in ballot
25 elections.
26 (10 ILCS 5/19A-60 new)
27 Sec. 19A-60. Report. After the general primary election
28 in 2006, the State Board of Elections must report to the
29 General Assembly on the problems and successes of conducting
30 the election with mail-in ballots.
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1 (10 ILCS 5/24A-6) (from Ch. 46, par. 24A-6)
2 Sec. 24A-6. The ballot information, whether placed on the
3 ballot or on the marking device, shall, as far as
4 practicable, be in the order of arrangement provided for
5 paper ballots, except that such information may be in
6 vertical or horizontal rows, or in a number of separate
7 pages. Ballots for all questions or propositions to be voted
8 on must be provided in the same manner and must be arranged
9 on or in the marking device or on the ballot sheet in the
10 places provided for such purposes.
11 When an electronic voting system utilizes a ballot label
12 booklet and ballot card, ballots for candidates, ballots
13 calling for a constitutional convention, constitutional
14 amendment ballots, judicial retention ballots, public
15 measures, and all propositions to be voted upon may be placed
16 on the electronic voting device by providing in the ballot
17 booklet separate ballot label pages or series of pages
18 distinguished by differing colors as provided below. When an
19 electronic voting system utilizes a ballot sheet, ballots
20 calling for a constitutional convention, constitutional
21 amendment ballots and judicial retention ballots shall be
22 placed on the ballot sheet by providing a separate portion of
23 the ballot sheet for each such kind of ballot which shall be
24 printed in ink of a color distinct from the color of ink used
25 in printing any other portion of the ballot sheet. Ballots
26 for candidates, public measures and all other propositions to
27 be voted upon shall be placed on the ballot sheet by
28 providing a separate portion of the ballot sheet for each
29 such kind of ballot. Below the name of the last candidate
30 listed for an office shall be printed a line on which the
31 name of a candidate may be written by the voter, and
32 immediately to the left of such line an area shall be
33 provided for marking a vote for such write-in candidate.
34 More than one amendment to the constitution may be placed on
-27- LRB093 02620 JAM 02630 b
1 the same ballot page or series of pages or on the same
2 portion of the ballot sheet, as the case may be. Ballot
3 label pages for constitutional conventions or constitutional
4 amendments shall be on paper of blue color and shall precede
5 all other ballot label pages in the ballot label booklet.
6 More than one public measure or proposition may be placed on
7 the same ballot label page or series of pages or on the same
8 portion of the ballot sheet, as the case may be. More than
9 one proposition for retention of judges in office may be
10 placed on the same ballot label page or series of pages or on
11 the same portion of the ballot sheet, as the case may be.
12 Ballot label pages for candidates shall be on paper of white
13 color, except that in primary elections the ballot label page
14 or pages for the candidates of each respective political
15 party shall be of the color designated by the election
16 official in charge of the election for that political party's
17 candidates; provided that the ballot label pages or pages for
18 candidates for use at the nonpartisan and consolidated
19 elections may be on paper of different colors, except blue,
20 whenever necessary or desirable to facilitate distinguishing
21 between the pages for different political subdivisions. On
22 each page of the candidate booklet, where the election is
23 made to list ballot information vertically, the party
24 affiliation of each candidate or the word "independent" shall
25 appear immediately to the left of the candidate's name, and
26 the name of candidates for the same office shall be listed
27 vertically under the title of that office. In the case of
28 nonpartisan elections for officers of political subdivisions,
29 unless the statute or an ordinance adopted pursuant to
30 Article VII of the Constitution requires otherwise, the
31 listing of such nonpartisan candidates shall not include any
32 party or "independent" designation. Ballot label pages for
33 judicial retention ballots shall be on paper of green color,
34 and ballot label pages for all public measures and other
-28- LRB093 02620 JAM 02630 b
1 propositions shall be on paper of some other distinct and
2 different color. In primary elections, a separate ballot
3 label booklet, marking device and voting booth shall be used
4 for each political party holding a primary, with the ballot
5 label booklet arranged to include ballot label pages of the
6 candidates of the party and public measures and other
7 propositions to be voted upon on the day of the primary
8 election. One ballot card may be used for recording the
9 voter's vote or choice on all such ballots, proposals, public
10 measures or propositions, and such ballot card shall be
11 arranged so as to record the voter's vote or choice in a
12 separate column or columns for each such kind of ballot,
13 proposal, public measure or proposition.
14 If the ballot label booklet includes both candidates for
15 office and public measures or propositions to be voted on,
16 the election official in charge of the election shall divide
17 the pages by protruding tabs identifying the division of the
18 pages, and printing on such tabs "Candidates" and
19 "Propositions".
20 The ballot card and all of its columns and the ballot
21 card envelope shall be of the color prescribed for
22 candidate's ballots at the general or primary election,
23 whichever is being held. At an election where no candidates
24 are being nominated or elected, the ballot card, its columns,
25 and the ballot card envelope shall be of a color designated
26 by the election official in charge of the election.
27 The ballot cards, ballot card envelopes and ballot sheets
28 may, at the discretion of the election authority, be printed
29 on white paper and then striped with the appropriate colors.
30 When ballot sheets are used, the various portions thereof
31 shall be arranged to conform to the foregoing format.
32 Absentee ballots may consist of ballot cards, envelopes,
33 paper ballots or ballot sheets voted in person in the office
34 of the election official in charge of the election or voted
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1 by mail. Where a ballot card is used for voting by mail it
2 must be accompanied by a punching tool or other appropriate
3 marking device, voter instructions and a specimen ballot
4 showing the proper positions to vote on the ballot card or
5 ballot sheet for each party, candidate, proposal, public
6 measure or proposition, and in the case of a ballot card must
7 be mounted on a suitable material to receive the punched out
8 chip.
9 Ballots for use in the general primary election conducted
10 under Article 19A may consist of ballot cards, envelopes,
11 paper ballots, or ballot sheets. Where a ballot card is used
12 for voting by mail it must be accompanied by a punching tool
13 or other appropriate marking device, voter instructions, and
14 a specimen ballot showing the proper positions to vote on the
15 ballot card or ballot sheet for each candidate, proposal,
16 public measure, or proposition, and in the case of a ballot
17 card must be mounted on a suitable material to receive the
18 punched out chip.
19 Any voter who spoils his ballot or makes an error may
20 return the ballot to the judges of election and secure
21 another. However, the protruding identifying tab for
22 proposals for a constitutional convention or constitutional
23 amendments shall have printed thereon "Constitutional
24 Ballot", and the ballot label page or pages for such
25 proposals shall precede the ballot label pages for candidates
26 in the ballot label booklet.
27 (Source: P.A. 89-700, eff. 1-17-97.)
28 (10 ILCS 5/24B-6)
29 Sec. 24B-6. Ballot Information; Arrangement; Electronic
30 Precinct Tabulation Optical Scan Technology Voting System;
31 Absentee Ballots; Spoiled Ballots. The ballot information,
32 shall, as far as practicable, be in the order of arrangement
33 provided for paper ballots, except that the information may
-30- LRB093 02620 JAM 02630 b
1 be in vertical or horizontal rows, or on a number of separate
2 pages. Ballots for all questions or propositions to be voted
3 on should be provided in a similar manner and must be
4 arranged on the ballot sheet in the places provided for such
5 purposes. Ballots shall be of white paper unless provided
6 otherwise by administrative rule of the State Board of
7 Elections or otherwise specified.
8 All propositions, including but not limited to
9 propositions calling for a constitutional convention,
10 constitutional amendment, judicial retention, and public
11 measures to be voted upon shall be placed on separate
12 portions of the ballot sheet by utilizing borders or grey
13 screens. Candidates shall be listed on a separate portion of
14 the ballot sheet by utilizing borders or grey screens. Below
15 the name of the last candidate listed for an office shall be
16 printed a line or lines on which the name of a candidate or
17 candidates may be written by the voter, and proximate to such
18 lines an area shall be provided for marking votes for the
19 write-in candidate or candidates. The number of write-in
20 lines for an office shall equal the number of candidates for
21 which a voter may vote. More than one amendment to the
22 constitution may be placed on the same portion of the ballot
23 sheet. Constitutional convention or constitutional amendment
24 propositions shall be printed on a separate portion of the
25 ballot sheet and designated by borders or grey screens,
26 unless otherwise provided by administrative rule of the State
27 Board of Elections. More than one public measure or
28 proposition may be placed on the same portion of the ballot
29 sheet. More than one proposition for retention of judges in
30 office may be placed on the same portion of the ballot sheet.
31 Names of candidates shall be printed in black. The party
32 affiliation of each candidate or the word "independent" shall
33 appear near or under the candidate's name, and the names of
34 candidates for the same office shall be listed vertically
-31- LRB093 02620 JAM 02630 b
1 under the title of that office. In the case of nonpartisan
2 elections for officers of political subdivisions, unless the
3 statute or an ordinance adopted pursuant to Article VII of
4 the Constitution requires otherwise, the listing of
5 nonpartisan candidates shall not include any party or
6 "independent" designation. Judicial retention ballots shall
7 be designated by borders or grey screens. Ballots for all
8 public measures and other propositions shall be designated by
9 borders or grey screens. In primary elections, a separate
10 ballot, shall be used for each political party holding a
11 primary, with the ballot arranged to include names of the
12 candidates of the party and public measures and other
13 propositions to be voted upon on the day of the primary
14 election.
15 If the ballot includes both candidates for office and
16 public measures or propositions to be voted on, the election
17 official in charge of the election shall divide the ballot in
18 sections for "Candidates" and "Propositions", or separate
19 ballots may be used.
20 Absentee ballots may consist of envelopes, paper ballots
21 or ballot sheets voted in person in the office of the
22 election official in charge of the election or voted by mail.
23 Where a Precinct Tabulation Optical Scan Technology ballot is
24 used for voting by mail it must be accompanied by voter
25 instructions.
26 Ballots for use in the general primary election conducted
27 under Article 19A may consist of envelopes, paper ballots, or
28 ballot sheets. Where a Precinct Tabulation Optical Scan
29 Technology ballot is used for voting by mail it must be
30 accompanied by voter instructions.
31 Any voter who spoils his or her ballot, makes an error,
32 or has a ballot returned by the automatic tabulating
33 equipment may return the ballot to the judges of election and
34 get another ballot.
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1 (Source: P.A. 89-394, eff. 1-1-97; 89-700, eff. 1-17-97.)
2 Section 10. The State Mandates Act is amended by adding
3 Section 8.27 as follows:
4 (30 ILCS 805/8.27 new)
5 Sec. 8.27. Exempt mandate. Notwithstanding Sections 6
6 and 8 of this Act, no reimbursement by the State is required
7 for the implementation of any mandate created by this
8 amendatory Act of the 93rd General Assembly.
9 Section 99. Effective date. This Act takes effect upon
10 becoming law.
-33- LRB093 02620 JAM 02630 b
1 INDEX
2 Statutes amended in order of appearance
3 10 ILCS 5/4-11 from Ch. 46, par. 4-11
4 10 ILCS 5/7-5 from Ch. 46, par. 7-5
5 10 ILCS 5/7-15 from Ch. 46, par. 7-15
6 10 ILCS 5/7-16 from Ch. 46, par. 7-16
7 10 ILCS 5/13-1 from Ch. 46, par. 13-1
8 10 ILCS 5/13-2 from Ch. 46, par. 13-2
9 10 ILCS 5/14-1 from Ch. 46, par. 14-1
10 10 ILCS 5/14-3.1 from Ch. 46, par. 14-3.1
11 10 ILCS 5/Art.19A heading new
12 10 ILCS 5/19A-5 new
13 10 ILCS 5/19A-10 new
14 10 ILCS 5/19A-15 new
15 10 ILCS 5/19A-20 new
16 10 ILCS 5/19A-25 new
17 10 ILCS 5/19A-30 new
18 10 ILCS 5/19A-35 new
19 10 ILCS 5/19A-40 new
20 10 ILCS 5/19A-45 new
21 10 ILCS 5/19A-50 new
22 10 ILCS 5/19A-55 new
23 10 ILCS 5/19A-60 new
24 10 ILCS 5/24A-6 from Ch. 46, par. 24A-6
25 10 ILCS 5/24B-6
26 30 ILCS 805/8.27 new