093_SB0428ham004
LRB093 07599 BDD 16742 a
1 AMENDMENT TO SENATE BILL 428
2 AMENDMENT NO. . Amend Senate Bill 428, AS AMENDED,
3 by replacing everything after the enacting clause with the
4 following:
5 "Section 5. The Election Code is amended by changing
6 Sections 2A-12, 4-6.2, 4-8, 4-33, 5-7, 5-16.2, 5-43, 6-35,
7 6-50.2, 6-79, 7-7, 7-8, 7-10, 7-10.2, 7-17, 7-34, 7-41,
8 8-8.1, 9-1.5, 9-10, 9-21, 10-5.1, 13-1.1, 14-3.2, 16-3,
9 17-23, 17-29, 19-2.1, 19-2.2, 19-4, 19-10, 22-5, 22-9, 22-15,
10 24B-2, 24B-6, 24B-8, 24B-9, 24B-9.1, 24B-10, 24B-10.1,
11 24B-15, and 24B-18 and by adding Articles 18A and 24C and
12 Sections 1-10, 1A-16, 1A-20, 9-1.14, 23-15.1, and 24A-22 as
13 follows:
14 (10 ILCS 5/1-10 new)
15 Sec. 1-10. Public comment. Notwithstanding any law to
16 the contrary, the State Board of Elections in evaluating the
17 feasibility of any new voting system shall seek and accept
18 public comment from persons of the disabled community,
19 including but not limited to the community for the blind.
20 (10 ILCS 5/1A-16 new)
21 Sec. 1A-16. Voter registration information; internet
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1 posting; processing of voter registration forms; content of
2 such forms. Notwithstanding any law to the contrary, the
3 following provisions shall apply to voter registration under
4 this Code.
5 (a) Voter registration information; Internet posting of
6 voter registration form. Within 90 days after the effective
7 date of this amendatory Act of the 93rd General Assembly, the
8 State Board of Elections shall post on its World Wide Web
9 site the following information:
10 (1) A comprehensive list of the names, addresses,
11 phone numbers, and websites, if applicable, of all county
12 clerks and boards of election commissioners in Illinois.
13 (2) A schedule of upcoming elections and the
14 deadline for voter registration.
15 (3) A downloadable, printable voter registration
16 form, in at least English and in Spanish versions, that a
17 person may complete and mail or submit to the State Board
18 of Elections or the appropriate county clerk or board of
19 election commissioners.
20 Any forms described under paragraph (3) must state the
21 following:
22 If you do not have a driver's license or social
23 security number, and this form is submitted by mail, and
24 you have never registered to vote in the jurisdiction you
25 are now registering in, then you must send, with this
26 application, either (i) a copy of a current and valid
27 photo identification, or (ii) a copy of a current utility
28 bill, bank statement, government check, paycheck, or
29 other government document that shows the name and address
30 of the voter. If you do not provide the information
31 required above, then you will be required to provide
32 election officials with either (i) or (ii) described
33 above the first time you vote at a voting place or by
34 absentee ballot.
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1 (b) Acceptance of registration forms by the State Board
2 of Elections and county clerks and board of election
3 commissioners. The State Board of Elections, county clerks,
4 and board of election commissioners shall accept all
5 completed voter registration forms described in subsection
6 (a)(3) that are:
7 (1) postmarked on or before the day that voter
8 registration is closed under the Election Code;
9 (2) not postmarked, but arrives no later than 5
10 days after the close of registration;
11 (3) submitted in-person by a person using the form
12 on or before the day that voter registration is closed
13 under the Election Code; or
14 (4) submitted in-person by a person who submits one
15 or more forms on behalf of one or more persons who used
16 the form on or before the day that voter registration is
17 closed under the Election Code.
18 Upon the receipt of a registration form, the State Board
19 of Elections shall mark the date on which the form was
20 received and send the form via first class mail to the
21 appropriate county clerk or board of election commissioners,
22 as the case may be, within 2 business days based upon the
23 home address of the person submitting the registration form.
24 The county clerk and board of election commissioners shall
25 accept and process any form received from the State Board of
26 Elections.
27 (c) Processing of registration forms by county clerks
28 and boards of election commissioners. The county clerk or
29 board of election commissioners shall promulgate procedures
30 for processing the voter registration form.
31 (d) Contents of the voter registration form. The State
32 Board shall create a voter registration form, which must
33 contain the following content:
34 (1) Instructions for completing the form.
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1 (2) A summary of the qualifications to register to
2 vote in Illinois.
3 (3) Instructions for mailing in or submitting the
4 form in person.
5 (4) The phone number for the State Board of
6 Elections should a person submitting the form have
7 questions.
8 (5) A box for the person to check that explains one
9 of 3 reasons for submitting the form:
10 (a) new registration;
11 (b) change of address; or
12 (c) change of name.
13 (6) a box for the person to check yes or no that
14 asks, "Are you a citizen of the United States'", a box
15 for the person to check yes or no that asks, "Will you be
16 18 years of age on or before election day'", and a
17 statement of "If you checked 'no' in response to either
18 of these questions, then do not complete this form.".
19 (7) A space for the person to fill in his or her
20 home telephone number.
21 (8) Spaces for the person to fill in his or her
22 first, middle, and last names, street address (principal
23 place of residence), county, city, state, and zip code.
24 (9) Spaces for the person to fill in his or her
25 mailing address, city, state, and zip code if different
26 from his or her principal place of residence.
27 (10) A space for the person to fill in his or her
28 Illinois driver's license number if the person has a
29 driver's license.
30 (11) A space for a person without a driver's
31 license to fill in the last four digits of his or her
32 social security number if the person has a social
33 security number.
34 (12) A space for a person without an Illinois
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1 driver's license to fill in his or her identification
2 number from his or her State Identification card issued
3 by the Secretary of State.
4 (13) A space for the person to fill the name
5 appearing on his or her last voter registration, the
6 street address of his or her last registration, including
7 the city, county, state, and zip code.
8 (14) A space where the person swears or affirms the
9 following under penalty of perjury with his or her
10 signature:
11 (a) "I am a citizen of the United States.";
12 (b) "I will be at least 18 years old on or
13 before the next election.";
14 (c) "I will have lived in the State of
15 Illinois and in my election precinct at least 30
16 days as of the date of the next election."; and
17 "The information I have provided is true to the
18 best of may knowledge under penalty of perjury. If
19 I have provided false information, than I may be
20 fined, imprisoned, or if I am not a U.S. citizen,
21 deported from or refused entry into the United
22 States."
23 (d) Compliance with federal law; rulemaking authority.
24 The voter registration form described in this Section shall
25 be consistent with the form prescribed by the Federal
26 Election Commission under the National Voter Registration Act
27 of 1993, P.L. 103-31, as amended from time to time, and the
28 Help America Vote Act of 2002, P.L. 107-252, in all relevant
29 respects. The State Board of Elections shall periodically
30 up-date the form based on changes to federal or State law.
31 The State Board of Elections shall promulgate any rules
32 necessary for the implementation of this Section; provided
33 that the rules comport with the letter and spirit of the
34 National Voter Registration Act of 1993 and Help America Vote
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1 Act of 2002 and maximize the opportunity for a person to
2 register to vote.
3 (e) Forms available in paper form. The State Board of
4 Elections shall make the voter registration form available in
5 regular paper stock and form in sufficient quantities for the
6 general public. The State Board of Elections may provide the
7 voter registration form to the Secretary of State, county
8 clerks, boards of election commissioners, designated agencies
9 of the State of Illinois, and any other person or entity
10 designated to have these forms by the Election Code in
11 regular paper stock and form in or some other format deemed
12 suitable by the Board. Each county clerk or board of election
13 commissioners has the authority to design and print its own
14 voter registration form so long as the form complies with the
15 requirements of this Section. The State Board of Elections,
16 county clerks, boards of election commissioners, or other
17 designated agencies of the State of Illinois required to have
18 these forms under the Election Code shall provide a member of
19 the public with any reasonable number of forms that he or she
20 may request. Nothing in this Section shall permit the State
21 Board of Elections, county clerk, board of election
22 commissioners, or other appropriate election official who may
23 accept a voter registration form to refuse to accept a voter
24 registration form because the form is printed on photocopier
25 or regular paper stock and form.
26 (f) Internet voter registration study. The State Board
27 of Elections shall investigate the feasibility of offering
28 voter registration on its website and consider voter
29 registration methods of other states in an effort to maximize
30 the opportunity for all Illinois citizens to register to
31 vote. The State Board of Elections shall assemble its
32 findings in a report and submit it to the General Assembly no
33 later than January 1, 2006. The report shall contain
34 legislative recommendations to the General Assembly on
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1 improving voter registration in Illinois.
2 (10 ILCS 5/1A-20 new)
3 Sec. 1A-20. Help Illinois Vote Fund. The Help Illinois
4 Vote Fund is created as a special fund in the State treasury.
5 All federal funds received by the State for the
6 implementation of the federal Help America Vote Act of 2002
7 shall be deposited into the Help Illinois Vote Fund. Moneys
8 from any other source may be deposited into the Help Illinois
9 Vote Fund. The Help Illinois Vote Fund shall be appropriated
10 solely to the State Board of Elections for use only in the
11 performance of activities and programs authorized or mandated
12 by or in accordance with the federal Help America Vote Act of
13 2002.
14 (10 ILCS 5/2A-12) (from Ch. 46, par. 2A-12)
15 Sec. 2A-12. Board of Review - Time of Election. A
16 member of the Board of Review in any county which elects
17 members of a Board of Review shall be elected, at each
18 general election which immediately precedes the expiration of
19 the term of any incumbent member, to succeed each member
20 whose term ends before the following general election, except
21 that members of the Cook County Board of Review shall be
22 elected as provided in subsection (c) of Section 5-5 of the
23 Property Tax Code.
24 (Source: P.A. 80-936.)
25 (10 ILCS 5/4-6.2) (from Ch. 46, par. 4-6.2)
26 Sec. 4-6.2. (a) The county clerk shall appoint all
27 municipal and township or road district clerks or their duly
28 authorized deputies as deputy registrars who may accept the
29 registration of all qualified residents of their respective
30 municipalities, townships and road districts. A deputy
31 registrar serving as such by virtue of his status as a
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1 municipal clerk, or a duly authorized deputy of a municipal
2 clerk, of a municipality the territory of which lies in more
3 than one county may accept the registration of any qualified
4 resident of the municipality, regardless of which county the
5 resident, municipal clerk or the duly authorized deputy of
6 the municipal clerk lives in.
7 The county clerk shall appoint all precinct
8 committeepersons in the county as deputy registrars who may
9 accept the registration of any qualified resident of the
10 county, except during the 27 days preceding an election.
11 The election authority shall appoint as deputy registrars
12 a reasonable number of employees of the Secretary of State
13 located at driver's license examination stations and
14 designated to the election authority by the Secretary of
15 State who may accept the registration of any qualified
16 residents of the county at any such driver's license
17 examination stations. The appointment of employees of the
18 Secretary of State as deputy registrars shall be made in the
19 manner provided in Section 2-105 of the Illinois Vehicle
20 Code.
21 The county clerk shall appoint each of the following
22 named persons as deputy registrars upon the written request
23 of such persons:
24 1. The chief librarian, or a qualified person
25 designated by the chief librarian, of any public library
26 situated within the election jurisdiction, who may accept
27 the registrations of any qualified resident of the
28 county, at such library.
29 2. The principal, or a qualified person designated
30 by the principal, of any high school, elementary school,
31 or vocational school situated within the election
32 jurisdiction, who may accept the registrations of any
33 qualified resident of the county, at such school. The
34 county clerk shall notify every principal and
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1 vice-principal of each high school, elementary school,
2 and vocational school situated within the election
3 jurisdiction of their eligibility to serve as deputy
4 registrars and offer training courses for service as
5 deputy registrars at conveniently located facilities at
6 least 4 months prior to every election.
7 3. The president, or a qualified person designated
8 by the president, of any university, college, community
9 college, academy or other institution of learning
10 situated within the election jurisdiction, who may accept
11 the registrations of any resident of the county, at such
12 university, college, community college, academy or
13 institution.
14 4. A duly elected or appointed official of a bona
15 fide labor organization, or a reasonable number of
16 qualified members designated by such official, who may
17 accept the registrations of any qualified resident of the
18 county.
19 5. A duly elected or appointed official of a
20 bonafide State civic organization, as defined and
21 determined by rule of the State Board of Elections, or
22 qualified members designated by such official, who may
23 accept the registration of any qualified resident of the
24 county. In determining the number of deputy registrars
25 that shall be appointed, the county clerk shall consider
26 the population of the jurisdiction, the size of the
27 organization, the geographic size of the jurisdiction,
28 convenience for the public, the existing number of deputy
29 registrars in the jurisdiction and their location, the
30 registration activities of the organization and the need
31 to appoint deputy registrars to assist and facilitate the
32 registration of non-English speaking individuals. In no
33 event shall a county clerk fix an arbitrary number
34 applicable to every civic organization requesting
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1 appointment of its members as deputy registrars. The
2 State Board of Elections shall by rule provide for
3 certification of bonafide State civic organizations. Such
4 appointments shall be made for a period not to exceed 2
5 years, terminating on the first business day of the month
6 following the month of the general election, and shall be
7 valid for all periods of voter registration as provided
8 by this Code during the terms of such appointments.
9 6. The Director of the Illinois Department of
10 Public Aid, or a reasonable number of employees
11 designated by the Director and located at public aid
12 offices, who may accept the registration of any qualified
13 resident of the county at any such public aid office.
14 7. The Director of the Illinois Department of
15 Employment Security, or a reasonable number of employees
16 designated by the Director and located at unemployment
17 offices, who may accept the registration of any qualified
18 resident of the county at any such unemployment office.
19 8. The president of any corporation as defined by
20 the Business Corporation Act of 1983, or a reasonable
21 number of employees designated by such president, who may
22 accept the registrations of any qualified resident of the
23 county.
24 If the request to be appointed as deputy registrar is
25 denied, the county clerk shall, within 10 days after the date
26 the request is submitted, provide the affected individual or
27 organization with written notice setting forth the specific
28 reasons or criteria relied upon to deny the request to be
29 appointed as deputy registrar.
30 The county clerk may appoint as many additional deputy
31 registrars as he considers necessary. The county clerk shall
32 appoint such additional deputy registrars in such manner that
33 the convenience of the public is served, giving due
34 consideration to both population concentration and area.
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1 Some of the additional deputy registrars shall be selected so
2 that there are an equal number from each of the 2 major
3 political parties in the election jurisdiction. The county
4 clerk, in appointing an additional deputy registrar, shall
5 make the appointment from a list of applicants submitted by
6 the Chairman of the County Central Committee of the
7 applicant's political party. A Chairman of a County Central
8 Committee shall submit a list of applicants to the county
9 clerk by November 30 of each year. The county clerk may
10 require a Chairman of a County Central Committee to furnish a
11 supplemental list of applicants.
12 Deputy registrars may accept registrations at any time
13 other than the 27 day period preceding an election. All
14 persons appointed as deputy registrars shall be registered
15 voters within the county and shall take and subscribe to the
16 following oath or affirmation:
17 "I do solemnly swear (or affirm, as the case may be) that
18 I will support the Constitution of the United States, and the
19 Constitution of the State of Illinois, and that I will
20 faithfully discharge the duties of the office of deputy
21 registrar to the best of my ability and that I will register
22 no person nor cause the registration of any person except
23 upon his personal application before me.
24 ............................
25 (Signature Deputy Registrar)"
26 This oath shall be administered by the county clerk, or
27 by one of his deputies, or by any person qualified to take
28 acknowledgement of deeds and shall immediately thereafter be
29 filed with the county clerk.
30 Appointments of deputy registrars under this Section,
31 except precinct committeemen, shall be for 2-year terms,
32 commencing on December 1 following the general election of
33 each even-numbered year; except that the terms of the initial
34 appointments shall be until December 1st following the next
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1 general election. Appointments of precinct committeemen shall
2 be for 2-year terms commencing on the date of the county
3 convention following the general primary at which they were
4 elected. The county clerk shall issue a certificate of
5 appointment to each deputy registrar, and shall maintain in
6 his office for public inspection a list of the names of all
7 appointees.
8 (b) The county clerk shall be responsible for training
9 all deputy registrars appointed pursuant to subsection (a),
10 at times and locations reasonably convenient for both the
11 county clerk and such appointees. The county clerk shall be
12 responsible for certifying and supervising all deputy
13 registrars appointed pursuant to subsection (a). Deputy
14 registrars appointed under subsection (a) shall be subject to
15 removal for cause.
16 (c) Completed registration materials under the control
17 of deputy registrars, appointed pursuant to subsection (a),
18 shall be returned to the proper election authority within 7
19 days, except that completed registration materials received
20 by the deputy registrars during the period between the 35th
21 and 28th day preceding an election shall be returned by the
22 deputy registrars to the proper election authority within 48
23 hours after receipt thereof. The completed registration
24 materials received by the deputy registrars on the 28th day
25 preceding an election shall be returned by the deputy
26 registrars within 24 hours after receipt thereof. Unused
27 materials shall be returned by deputy registrars appointed
28 pursuant to paragraph 4 of subsection (a), not later than the
29 next working day following the close of registration.
30 (d) The county clerk or board of election commissioners,
31 as the case may be, must provide any additional forms
32 requested by any deputy registrar regardless of the number of
33 unaccounted registration forms the deputy registrar may have
34 in his or her possession. The county clerk shall not be
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1 required to provide additional forms to any deputy registrar
2 having more than 200 registration forms unaccounted for
3 during the preceding 12 month period.
4 (e) No deputy registrar shall engage in any
5 electioneering or the promotion of any cause during the
6 performance of his or her duties.
7 (f) The county clerk shall not be criminally or civilly
8 liable for the acts or omissions of any deputy registrar.
9 Such deputy registrars shall not be deemed to be employees of
10 the county clerk.
11 (Source: P.A. 92-816, eff. 8-21-02.)
12 (10 ILCS 5/4-8) (from Ch. 46, par. 4-8)
13 Sec. 4-8. The county clerk shall provide a sufficient
14 number of blank forms for the registration of electors, which
15 shall be known as registration record cards and which shall
16 consist of loose leaf sheets or cards, of suitable size to
17 contain in plain writing and figures the data hereinafter
18 required thereon or shall consist of computer cards of
19 suitable nature to contain the data required thereon. The
20 registration record cards, which shall include an affidavit
21 of registration as hereinafter provided, shall be executed in
22 duplicate.
23 The registration record card shall contain the following
24 and such other information as the county clerk may think it
25 proper to require for the identification of the applicant for
26 registration:
27 Name. The name of the applicant, giving surname and
28 first or Christian name in full, and the middle name or the
29 initial for such middle name, if any.
30 Sex.
31 Residence. The name and number of the street, avenue, or
32 other location of the dwelling, including the apartment, unit
33 or room number, if any, and in the case of a mobile home the
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1 lot number, and such additional clear and definite
2 description as may be necessary to determine the exact
3 location of the dwelling of the applicant. Where the location
4 cannot be determined by street and number, then the section,
5 congressional township and range number may be used, or such
6 other description as may be necessary, including post-office
7 mailing address. In the case of a homeless individual, the
8 individual's voting residence that is his or her mailing
9 address shall be included on his or her registration record
10 card.
11 Term of residence in the State of Illinois and precinct.
12 This information shall be furnished by the applicant stating
13 the place or places where he resided and the dates during
14 which he resided in such place or places during the year next
15 preceding the date of the next ensuing election.
16 Nativity. The state or country in which the applicant
17 was born.
18 Citizenship. Whether the applicant is native born or
19 naturalized. If naturalized, the court, place, and date of
20 naturalization.
21 Date of application for registration, i.e., the day,
22 month and year when applicant presented himself for
23 registration.
24 Age. Date of birth, by month, day and year.
25 Physical disability of the applicant, if any, at the time
26 of registration, which would require assistance in voting.
27 The county and state in which the applicant was last
28 registered.
29 Signature of voter. The applicant, after the
30 registration and in the presence of a deputy registrar or
31 other officer of registration shall be required to sign his
32 or her name in ink to the affidavit on both the original and
33 duplicate registration record cards.
34 Signature of deputy registrar or officer of registration.
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1 In case applicant is unable to sign his name, he may
2 affix his mark to the affidavit. In such case the officer
3 empowered to give the registration oath shall write a
4 detailed description of the applicant in the space provided
5 on the back or at the bottom of the card or sheet; and shall
6 ask the following questions and record the answers thereto:
7 Father's first name.
8 Mother's first name.
9 From what address did the applicant last register?
10 Reason for inability to sign name.
11 Each applicant for registration shall make an affidavit
12 in substantially the following form:
13 AFFIDAVIT OF REGISTRATION
14 STATE OF ILLINOIS
15 COUNTY OF .......
16 I hereby swear (or affirm) that I am a citizen of the
17 United States; that on the date of the next election I shall
18 have resided in the State of Illinois and in the election
19 precinct in which I reside 30 days and that I intend that
20 this location shall be my residence; that I am fully
21 qualified to vote, and that the above statements are true.
22 ..............................
23 (His or her signature or mark)
24 Subscribed and sworn to before me on (insert date).
25 ..................................
26 Signature of registration officer.
27 (To be signed in presence of registrant.)
28 Space shall be provided upon the face of each
29 registration record card for the notation of the voting
30 record of the person registered thereon.
31 Each registration record card shall be numbered according
32 to precincts, and may be serially or otherwise marked for
33 identification in such manner as the county clerk may
34 determine.
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1 The registration cards shall be deemed public records and
2 shall be open to inspection during regular business hours,
3 except during the 27 days immediately preceding any election.
4 On written request of any candidate or objector or any person
5 intending to object to a petition, the election authority
6 shall extend its hours for inspection of registration cards
7 and other records of the election authority during the period
8 beginning with the filing of petitions under Sections 7-10,
9 8-8, 10-6 or 28-3 and continuing through the termination of
10 electoral board hearings on any objections to petitions
11 containing signatures of registered voters in the
12 jurisdiction of the election authority. The extension shall
13 be for a period of hours sufficient to allow adequate
14 opportunity for examination of the records but the election
15 authority is not required to extend its hours beyond the
16 period beginning at its normal opening for business and
17 ending at midnight. If the business hours are so extended,
18 the election authority shall post a public notice of such
19 extended hours. Registration record cards may also be
20 inspected, upon approval of the officer in charge of the
21 cards, during the 27 days immediately preceding any election.
22 Registration record cards shall also be open to inspection by
23 certified judges and poll watchers and challengers at the
24 polling place on election day, but only to the extent
25 necessary to determine the question of the right of a person
26 to vote or to serve as a judge of election. At no time shall
27 poll watchers or challengers be allowed to physically handle
28 the registration record cards.
29 Updated copies of computer tapes or computer discs or
30 other electronic data processing information containing voter
31 registration information shall be furnished by the county
32 clerk within 10 days after December 15 and May 15 each year
33 and within 10 days after each registration period is closed
34 to the State Board of Elections in a form prescribed by the
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1 Board. For the purposes of this Section, a registration
2 period is closed 27 days before the date of any regular or
3 special election. Registration information shall include, but
4 not be limited to, the following information: name, sex,
5 residence, telephone number, if any, age, party affiliation,
6 if applicable, precinct, ward, township, county, and
7 representative, legislative and congressional districts. In
8 the event of noncompliance, the State Board of Elections is
9 directed to obtain compliance forthwith with this
10 nondiscretionary duty of the election authority by
11 instituting legal proceedings in the circuit court of the
12 county in which the election authority maintains the
13 registration information. The costs of furnishing updated
14 copies of tapes or discs shall be paid at a rate of $.00034
15 per name of registered voters in the election jurisdiction,
16 but not less than $50 per tape or disc and shall be paid from
17 appropriations made to the State Board of Elections for
18 reimbursement to the election authority for such purpose. The
19 Board shall furnish copies of such tapes, discs, other
20 electronic data or compilations thereof to state political
21 committees registered pursuant to the Illinois Campaign
22 Finance Act or the Federal Election Campaign Act at their
23 request and at a reasonable cost. Copies of the tapes, discs
24 or other electronic data shall be furnished by the county
25 clerk to local political committees at their request and at a
26 reasonable cost. To protect the privacy and confidentiality
27 of voter registration information, the disclosure of
28 electronic voter registration records to any person or entity
29 other than a State political committee is specifically
30 prohibited. Reasonable cost of the tapes, discs, et cetera
31 for this purpose would be the cost of duplication plus 15%
32 for administration. The individual representing a political
33 committee requesting copies of such tapes shall make a sworn
34 affidavit that the information shall be used only for bona
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1 fide political purposes, including by or for candidates for
2 office or incumbent office holders. Such tapes, discs or
3 other electronic data shall not be used under any
4 circumstances by any political committee or individuals for
5 purposes of commercial solicitation or other business
6 purposes. If such tapes contain information on county
7 residents related to the operations of county government in
8 addition to registration information, that information shall
9 not be used under any circumstances for commercial
10 solicitation or other business purposes. The prohibition in
11 this Section against using the computer tapes or computer
12 discs or other electronic data processing information
13 containing voter registration information for purposes of
14 commercial solicitation or other business purposes shall be
15 prospective only from the effective date of this amended Act
16 of 1979. Any person who violates this provision shall be
17 guilty of a Class 4 felony.
18 The State Board of Elections shall promulgate, by October
19 1, 1987, such regulations as may be necessary to ensure
20 uniformity throughout the State in electronic data processing
21 of voter registration information. The regulations shall
22 include, but need not be limited to, specifications for
23 uniform medium, communications protocol and file structure to
24 be employed by the election authorities of this State in the
25 electronic data processing of voter registration information.
26 Each election authority utilizing electronic data processing
27 of voter registration information shall comply with such
28 regulations on and after May 15, 1988.
29 If the applicant for registration was last registered in
30 another county within this State, he shall also sign a
31 certificate authorizing cancellation of the former
32 registration. The certificate shall be in substantially the
33 following form:
34 To the County Clerk of.... County, Illinois. (or)
-19- LRB093 07599 BDD 16742 a
1 To the Election Commission of the City of ...., Illinois.
2 This is to certify that I am registered in your (county)
3 (city) and that my residence was ............................
4 Having moved out of your (county) (city), I hereby authorize
5 you to cancel said registration in your office.
6 Dated at ...., Illinois, on (insert date).
7 .................................
8 (Signature of Voter)
9 Attest: ................, County Clerk, .............
10 County, Illinois.
11 The cancellation certificate shall be mailed immediately
12 by the County Clerk to the County Clerk (or election
13 commission as the case may be) where the applicant was
14 formerly registered. Receipt of such certificate shall be
15 full authority for cancellation of any previous registration.
16 (Source: P.A. 91-357, eff. 7-29-99; 92-465, eff. 1-1-02;
17 92-816, eff. 8-21-02.)
18 (10 ILCS 5/4-33)
19 Sec. 4-33. Computerization of voter records.
20 (a) The State Board of Elections shall design a
21 registration record card that, except as otherwise provided
22 in this Section, shall be used in duplicate by all election
23 authorities in the State adopting a computer-based voter
24 registration file as provided in this Section. The Board
25 shall prescribe the form and specifications, including but
26 not limited to the weight of paper, color, and print of the
27 cards. The cards shall contain boxes or spaces for the
28 information required under Sections 4-8 and 4-21; provided
29 that the cards shall also contain: (i) A space for a person
30 to fill in his or her Illinois driver's license number if the
31 person has a driver's license; (ii) A space for a person
32 without a driver's license to fill in the last four digits of
33 his or her social security number if the person has a social
-20- LRB093 07599 BDD 16742 a
1 security number a box or space for the applicant's social
2 security number, which shall be required to the extent
3 allowed by law but in no case shall the applicant provide
4 fewer than the last 4 digits of the social security number,
5 and a box for the applicant's telephone number, if available.
6 (b) The election authority may develop and implement a
7 system to prepare, use, and maintain a computer-based voter
8 registration file that includes a computer-stored image of
9 the signature of each voter. The computer-based voter
10 registration file may be used for all purposes for which the
11 original registration cards are to be used, provided that a
12 system for the storage of at least one copy of the original
13 registration cards remains in effect. The electronic file
14 shall be the master file.
15 (c) Any system created, used, and maintained under
16 subsection (b) of this Section shall meet the following
17 standards:
18 (1) Access to any computer-based voter registration
19 file shall be limited to those persons authorized by the
20 election authority, and each access to the computer-based
21 voter registration file, other than an access solely for
22 inquiry, shall be recorded.
23 (2) No copy, summary, list, abstract, or index of
24 any computer-based voter registration file that includes
25 any computer-stored image of the signature of any
26 registered voter shall be made available to the public
27 outside of the offices of the election authority.
28 (3) Any copy, summary, list, abstract, or index of
29 any computer-based voter registration file that includes
30 a computer-stored image of the signature of a registered
31 voter shall be produced in such a manner that it cannot
32 be reproduced.
33 (4) Each person desiring to vote shall sign an
34 application for a ballot, and the signature comparison
-21- LRB093 07599 BDD 16742 a
1 authorized in Articles 17 and 18 of this Code may be made
2 to a copy of the computer-stored image of the signature
3 of the registered voter.
4 (5) Any voter list produced from a computer-based
5 voter registration file that includes computer-stored
6 images of the signatures of registered voters and is used
7 in a polling place during an election shall be preserved
8 by the election authority in secure storage until the end
9 of the second calendar year following the election in
10 which it was used.
11 (d) Before the first election in which the election
12 authority elects to use a voter list produced from the
13 computer-stored images of the signatures of registered voters
14 in a computer-based voter registration file for signature
15 comparison in a polling place, the State Board of Elections
16 shall certify that the system used by the election authority
17 complies with the standards set forth in this Section. The
18 State Board of Elections may request a sample poll list
19 intended to be used in a polling place to test the accuracy
20 of the list and the adequacy of the computer-stored images of
21 the signatures of the registered voters.
22 (e) With respect to a jurisdiction that has copied all
23 of its voter signatures into a computer-based registration
24 file, all references in this Act or any other Act to the use,
25 other than storage, of paper-based voter registration records
26 shall be deemed to refer to their computer-based equivalents.
27 (f) Nothing in this Section prevents an election
28 authority from submitting to the State Board of Elections a
29 duplicate copy of some, as the State Board of Elections shall
30 determine, or all of the data contained in each voter
31 registration record that is part of the electronic master
32 file. The duplicate copy of the registration record shall be
33 maintained by the State Board of Elections under the same
34 terms and limitations applicable to the election authority
-22- LRB093 07599 BDD 16742 a
1 and shall be of equal legal dignity with the original
2 registration record maintained by the election authority as
3 proof of any fact contained in the voter registration record.
4 (Source: P.A. 91-73, eff. 7-9-99.)
5 (10 ILCS 5/5-7) (from Ch. 46, par. 5-7)
6 Sec. 5-7. The county clerk shall provide a sufficient
7 number of blank forms for the registration of electors which
8 shall be known as registration record cards and which shall
9 consist of loose leaf sheets or cards, of suitable size to
10 contain in plain writing and figures the data hereinafter
11 required thereon or shall consist of computer cards of
12 suitable nature to contain the data required thereon. The
13 registration record cards, which shall include an affidavit
14 of registration as hereinafter provided, shall be executed in
15 duplicate.
16 The registration record card shall contain the following
17 and such other information as the county clerk may think it
18 proper to require for the identification of the applicant for
19 registration:
20 Name. The name of the applicant, giving surname and
21 first or Christian name in full, and the middle name or the
22 initial for such middle name, if any.
23 Sex.
24 Residence. The name and number of the street, avenue, or
25 other location of the dwelling, including the apartment, unit
26 or room number, if any, and in the case of a mobile home the
27 lot number, and such additional clear and definite
28 description as may be necessary to determine the exact
29 location of the dwelling of the applicant, including
30 post-office mailing address. In the case of a homeless
31 individual, the individual's voting residence that is his or
32 her mailing address shall be included on his or her
33 registration record card.
-23- LRB093 07599 BDD 16742 a
1 Term of residence in the State of Illinois and the
2 precinct. Which questions may be answered by the applicant
3 stating, in excess of 30 days in the State and in excess of
4 30 days in the precinct.
5 Nativity. The State or country in which the applicant
6 was born.
7 Citizenship. Whether the applicant is native born or
8 naturalized. If naturalized, the court, place and date of
9 naturalization.
10 Date of application for registration, i.e., the day,
11 month and year when applicant presented himself for
12 registration.
13 Age. Date of birth, by month, day and year.
14 Physical disability of the applicant, if any, at the time
15 of registration, which would require assistance in voting.
16 The county and state in which the applicant was last
17 registered.
18 Signature of voter. The applicant, after the
19 registration and in the presence of a deputy registrar or
20 other officer of registration shall be required to sign his
21 or her name in ink to the affidavit on the original and
22 duplicate registration record card.
23 Signature of Deputy Registrar.
24 In case applicant is unable to sign his name, he may
25 affix his mark to the affidavit. In such case the officer
26 empowered to give the registration oath shall write a
27 detailed description of the applicant in the space provided
28 at the bottom of the card or sheet; and shall ask the
29 following questions and record the answers thereto:
30 Father's first name .......................
31 Mother's first name .......................
32 From what address did you last register?
33 Reason for inability to sign name.
34 Each applicant for registration shall make an affidavit
-24- LRB093 07599 BDD 16742 a
1 in substantially the following form:
2 AFFIDAVIT OF REGISTRATION
3 State of Illinois)
4 )ss
5 County of )
6 I hereby swear (or affirm) that I am a citizen of the
7 United States; that on the date of the next election I shall
8 have resided in the State of Illinois and in the election
9 precinct in which I reside 30 days; that I am fully qualified
10 to vote. That I intend that this location shall be my
11 residence and that the above statements are true.
12 ..............................
13 (His or her signature or mark)
14 Subscribed and sworn to before me on (insert date).
15 .........................................
16 Signature of Registration Officer.
17 (To be signed in presence of Registrant.)
18 Space shall be provided upon the face of each
19 registration record card for the notation of the voting
20 record of the person registered thereon.
21 Each registration record card shall be numbered according
22 to towns and precincts, wards, cities and villages, as the
23 case may be, and may be serially or otherwise marked for
24 identification in such manner as the county clerk may
25 determine.
26 The registration cards shall be deemed public records and
27 shall be open to inspection during regular business hours,
28 except during the 27 days immediately preceding any election.
29 On written request of any candidate or objector or any person
30 intending to object to a petition, the election authority
31 shall extend its hours for inspection of registration cards
32 and other records of the election authority during the period
33 beginning with the filing of petitions under Sections 7-10,
34 8-8, 10-6 or 28-3 and continuing through the termination of
-25- LRB093 07599 BDD 16742 a
1 electoral board hearings on any objections to petitions
2 containing signatures of registered voters in the
3 jurisdiction of the election authority. The extension shall
4 be for a period of hours sufficient to allow adequate
5 opportunity for examination of the records but the election
6 authority is not required to extend its hours beyond the
7 period beginning at its normal opening for business and
8 ending at midnight. If the business hours are so extended,
9 the election authority shall post a public notice of such
10 extended hours. Registration record cards may also be
11 inspected, upon approval of the officer in charge of the
12 cards, during the 27 days immediately preceding any election.
13 Registration record cards shall also be open to inspection by
14 certified judges and poll watchers and challengers at the
15 polling place on election day, but only to the extent
16 necessary to determine the question of the right of a person
17 to vote or to serve as a judge of election. At no time shall
18 poll watchers or challengers be allowed to physically handle
19 the registration record cards.
20 Updated copies of computer tapes or computer discs or
21 other electronic data processing information containing voter
22 registration information shall be furnished by the county
23 clerk within 10 days after December 15 and May 15 each year
24 and within 10 days after each registration period is closed
25 to the State Board of Elections in a form prescribed by the
26 Board. For the purposes of this Section, a registration
27 period is closed 27 days before the date of any regular or
28 special election. Registration information shall include, but
29 not be limited to, the following information: name, sex,
30 residence, telephone number, if any, age, party affiliation,
31 if applicable, precinct, ward, township, county, and
32 representative, legislative and congressional districts. In
33 the event of noncompliance, the State Board of Elections is
34 directed to obtain compliance forthwith with this
-26- LRB093 07599 BDD 16742 a
1 nondiscretionary duty of the election authority by
2 instituting legal proceedings in the circuit court of the
3 county in which the election authority maintains the
4 registration information. The costs of furnishing updated
5 copies of tapes or discs shall be paid at a rate of $.00034
6 per name of registered voters in the election jurisdiction,
7 but not less than $50 per tape or disc and shall be paid from
8 appropriations made to the State Board of Elections for
9 reimbursement to the election authority for such purpose. The
10 Board shall furnish copies of such tapes, discs, other
11 electronic data or compilations thereof to state political
12 committees registered pursuant to the Illinois Campaign
13 Finance Act or the Federal Election Campaign Act at their
14 request and at a reasonable cost. To protect the privacy and
15 confidentiality of voter registration information, the
16 disclosure of electronic voter registration records to any
17 person or entity other than a State political committee is
18 specifically prohibited. Copies of the tapes, discs or other
19 electronic data shall be furnished by the county clerk to
20 local political committees at their request and at a
21 reasonable cost. Reasonable cost of the tapes, discs, et
22 cetera for this purpose would be the cost of duplication plus
23 15% for administration. The individual representing a
24 political committee requesting copies of such tapes shall
25 make a sworn affidavit that the information shall be used
26 only for bona fide political purposes, including by or for
27 candidates for office or incumbent office holders. Such
28 tapes, discs or other electronic data shall not be used under
29 any circumstances by any political committee or individuals
30 for purposes of commercial solicitation or other business
31 purposes. If such tapes contain information on county
32 residents related to the operations of county government in
33 addition to registration information, that information shall
34 not be used under any circumstances for commercial
-27- LRB093 07599 BDD 16742 a
1 solicitation or other business purposes. The prohibition in
2 this Section against using the computer tapes or computer
3 discs or other electronic data processing information
4 containing voter registration information for purposes of
5 commercial solicitation or other business purposes shall be
6 prospective only from the effective date of this amended Act
7 of 1979. Any person who violates this provision shall be
8 guilty of a Class 4 felony.
9 The State Board of Elections shall promulgate, by October
10 1, 1987, such regulations as may be necessary to ensure
11 uniformity throughout the State in electronic data processing
12 of voter registration information. The regulations shall
13 include, but need not be limited to, specifications for
14 uniform medium, communications protocol and file structure to
15 be employed by the election authorities of this State in the
16 electronic data processing of voter registration information.
17 Each election authority utilizing electronic data processing
18 of voter registration information shall comply with such
19 regulations on and after May 15, 1988.
20 If the applicant for registration was last registered in
21 another county within this State, he shall also sign a
22 certificate authorizing cancellation of the former
23 registration. The certificate shall be in substantially the
24 following form:
25 To the County Clerk of .... County, Illinois. To the Election
26 Commission of the City of ...., Illinois.
27 This is to certify that I am registered in your (county)
28 (city) and that my residence was .....
29 Having moved out of your (county) (city), I hereby
30 authorize you to cancel said registration in your office.
31 Dated at .... Illinois, on (insert date).
32 ....................
33 (Signature of Voter)
34 Attest ......, County Clerk, ........ County, Illinois.
-28- LRB093 07599 BDD 16742 a
1 The cancellation certificate shall be mailed immediately
2 by the county clerk to the county clerk (or election
3 commission as the case may be) where the applicant was
4 formerly registered. Receipt of such certificate shall be
5 full authority for cancellation of any previous registration.
6 (Source: P.A. 91-357, eff. 7-29-99; 92-465, eff. 1-1-02;
7 92-816, eff. 8-21-02.)
8 (10 ILCS 5/5-16.2) (from Ch. 46, par. 5-16.2)
9 Sec. 5-16.2. (a) The county clerk shall appoint all
10 municipal and township clerks or their duly authorized
11 deputies as deputy registrars who may accept the registration
12 of all qualified residents of their respective counties. A
13 deputy registrar serving as such by virtue of his status as a
14 municipal clerk, or a duly authorized deputy of a municipal
15 clerk, of a municipality the territory of which lies in more
16 than one county may accept the registration of any qualified
17 resident of any county in which the municipality is located,
18 regardless of which county the resident, municipal clerk or
19 the duly authorized deputy of the municipal clerk lives in.
20 The county clerk shall appoint all precinct
21 committeepersons in the county as deputy registrars who may
22 accept the registration of any qualified resident of the
23 county, except during the 27 days preceding an election.
24 The election authority shall appoint as deputy registrars
25 a reasonable number of employees of the Secretary of State
26 located at driver's license examination stations and
27 designated to the election authority by the Secretary of
28 State who may accept the registration of any qualified
29 residents of the county at any such driver's license
30 examination stations. The appointment of employees of the
31 Secretary of State as deputy registrars shall be made in the
32 manner provided in Section 2-105 of the Illinois Vehicle
33 Code.
-29- LRB093 07599 BDD 16742 a
1 The county clerk shall appoint each of the following
2 named persons as deputy registrars upon the written request
3 of such persons:
4 1. The chief librarian, or a qualified person
5 designated by the chief librarian, of any public library
6 situated within the election jurisdiction, who may accept
7 the registrations of any qualified resident of the
8 county, at such library.
9 2. The principal, or a qualified person designated
10 by the principal, of any high school, elementary school,
11 or vocational school situated within the election
12 jurisdiction, who may accept the registrations of any
13 resident of the county, at such school. The county clerk
14 shall notify every principal and vice-principal of each
15 high school, elementary school, and vocational school
16 situated within the election jurisdiction of their
17 eligibility to serve as deputy registrars and offer
18 training courses for service as deputy registrars at
19 conveniently located facilities at least 4 months prior
20 to every election.
21 3. The president, or a qualified person designated
22 by the president, of any university, college, community
23 college, academy or other institution of learning
24 situated within the election jurisdiction, who may accept
25 the registrations of any resident of the county, at such
26 university, college, community college, academy or
27 institution.
28 4. A duly elected or appointed official of a bona
29 fide labor organization, or a reasonable number of
30 qualified members designated by such official, who may
31 accept the registrations of any qualified resident of the
32 county.
33 5. A duly elected or appointed official of a bona
34 fide State civic organization, as defined and determined
-30- LRB093 07599 BDD 16742 a
1 by rule of the State Board of Elections, or qualified
2 members designated by such official, who may accept the
3 registration of any qualified resident of the county. 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
16 State Board of Elections shall by rule provide for
17 certification of bona fide State civic organizations.
18 Such appointments shall be made for a period not to
19 exceed 2 years, terminating on the first business day of
20 the month following the month of the general election,
21 and shall be valid for all periods of voter registration
22 as provided by this Code during the terms of such
23 appointments.
24 6. The Director of the Illinois Department of
25 Public Aid, or a reasonable number of employees
26 designated by the Director and located at public aid
27 offices, who may accept the registration of any qualified
28 resident of the county at any such public aid office.
29 7. The Director of the Illinois Department of
30 Employment Security, or a reasonable number of employees
31 designated by the Director and located at unemployment
32 offices, who may accept the registration of any qualified
33 resident of the county at any such unemployment office.
34 8. The president of any corporation as defined by
-31- LRB093 07599 BDD 16742 a
1 the Business Corporation Act of 1983, or a reasonable
2 number of employees designated by such president, who may
3 accept the registrations of any qualified resident of the
4 county.
5 If the request to be appointed as deputy registrar is
6 denied, the county clerk shall, within 10 days after the date
7 the request is submitted, provide the affected individual or
8 organization with written notice setting forth the specific
9 reasons or criteria relied upon to deny the request to be
10 appointed as deputy registrar.
11 The county clerk may appoint as many additional deputy
12 registrars as he considers necessary. The county clerk shall
13 appoint such additional deputy registrars in such manner that
14 the convenience of the public is served, giving due
15 consideration to both population concentration and area.
16 Some of the additional deputy registrars shall be selected so
17 that there are an equal number from each of the 2 major
18 political parties in the election jurisdiction. The county
19 clerk, in appointing an additional deputy registrar, shall
20 make the appointment from a list of applicants submitted by
21 the Chairman of the County Central Committee of the
22 applicant's political party. A Chairman of a County Central
23 Committee shall submit a list of applicants to the county
24 clerk by November 30 of each year. The county clerk may
25 require a Chairman of a County Central Committee to furnish a
26 supplemental list of applicants.
27 Deputy registrars may accept registrations at any time
28 other than the 27 day period preceding an election. All
29 persons appointed as deputy registrars shall be registered
30 voters within the county and shall take and subscribe to the
31 following oath or affirmation:
32 "I do solemnly swear (or affirm, as the case may be) that
33 I will support the Constitution of the United States, and the
34 Constitution of the State of Illinois, and that I will
-32- LRB093 07599 BDD 16742 a
1 faithfully discharge the duties of the office of deputy
2 registrar to the best of my ability and that I will register
3 no person nor cause the registration of any person except
4 upon his personal application before me.
5 ...............................
6 (Signature of Deputy Registrar)"
7 This oath shall be administered by the county clerk, or
8 by one of his deputies, or by any person qualified to take
9 acknowledgement of deeds and shall immediately thereafter be
10 filed with the county clerk.
11 Appointments of deputy registrars under this Section,
12 except precinct committeemen, shall be for 2-year terms,
13 commencing on December 1 following the general election of
14 each even-numbered year, except that the terms of the initial
15 appointments shall be until December 1st following the next
16 general election. Appointments of precinct committeemen
17 shall be for 2-year terms commencing on the date of the
18 county convention following the general primary at which they
19 were elected. The county clerk shall issue a certificate of
20 appointment to each deputy registrar, and shall maintain in
21 his office for public inspection a list of the names of all
22 appointees.
23 (b) The county clerk shall be responsible for training
24 all deputy registrars appointed pursuant to subsection (a),
25 at times and locations reasonably convenient for both the
26 county clerk and such appointees. The county clerk shall be
27 responsible for certifying and supervising all deputy
28 registrars appointed pursuant to subsection (a). Deputy
29 registrars appointed under subsection (a) shall be subject to
30 removal for cause.
31 (c) Completed registration materials under the control
32 of deputy registrars, appointed pursuant to subsection (a),
33 shall be returned to the proper election authority within 7
34 days, except that completed registration materials received
-33- LRB093 07599 BDD 16742 a
1 by the deputy registrars during the period between the 35th
2 and 28th day preceding an election shall be returned by the
3 deputy registrars to the proper election authority within 48
4 hours after receipt thereof. The completed registration
5 materials received by the deputy registrars on the 28th day
6 preceding an election shall be returned by the deputy
7 registrars within 24 hours after receipt thereof. Unused
8 materials shall be returned by deputy registrars appointed
9 pursuant to paragraph 4 of subsection (a), not later than the
10 next working day following the close of registration.
11 (d) The county clerk or board of election commissioners,
12 as the case may be, must provide any additional forms
13 requested by any deputy registrar regardless of the number of
14 unaccounted registration forms the deputy registrar may have
15 in his or her possession. The county clerk shall not be
16 required to provide additional forms to any deputy registrar
17 having more than 200 registration forms unaccounted for
18 during the preceding 12 month period.
19 (e) No deputy registrar shall engage in any
20 electioneering or the promotion of any cause during the
21 performance of his or her duties.
22 (f) The county clerk shall not be criminally or civilly
23 liable for the acts or omissions of any deputy registrar.
24 Such deputy registers shall not be deemed to be employees of
25 the county clerk.
26 (Source: P.A. 92-816, eff. 8-21-02.)
27 (10 ILCS 5/5-43)
28 Sec. 5-43. Computerization of voter records.
29 (a) The State Board of Elections shall design a
30 registration record card that, except as otherwise provided
31 in this Section, shall be used in duplicate by all election
32 authorities in the State adopting a computer-based voter
33 registration file as provided in this Section. The Board
-34- LRB093 07599 BDD 16742 a
1 shall prescribe the form and specifications, including but
2 not limited to the weight of paper, color, and print of the
3 cards. The cards shall contain boxes or spaces for the
4 information required under Sections 5-7 and 5-28.1; provided
5 that the cards shall also contain: (i) A space for the person
6 to fill in his or her Illinois driver's license number if the
7 person has a driver's license; (ii) A space for a person
8 without a driver's license to fill in the last four digits of
9 his or her social security number if the person has a social
10 security number card a box or space for the applicant's
11 social security number, which shall be required to the extent
12 allowed by law but in no case shall the applicant provide
13 fewer than the last 4 digits of the social security number,
14 and a box for the applicant's telephone number, if available.
15 (b) The election authority may develop and implement a
16 system to prepare, use, and maintain a computer-based voter
17 registration file that includes a computer-stored image of
18 the signature of each voter. The computer-based voter
19 registration file may be used for all purposes for which the
20 original registration cards are to be used, provided that a
21 system for the storage of at least one copy of the original
22 registration cards remains in effect. The electronic file
23 shall be the master file.
24 (c) Any system created, used, and maintained under
25 subsection (b) of this Section shall meet the following
26 standards:
27 (1) Access to any computer-based voter registration
28 file shall be limited to those persons authorized by the
29 election authority, and each access to the computer-based
30 voter registration file, other than an access solely for
31 inquiry, shall be recorded.
32 (2) No copy, summary, list, abstract, or index of
33 any computer-based voter registration file that includes
34 any computer-stored image of the signature of any
-35- LRB093 07599 BDD 16742 a
1 registered voter shall be made available to the public
2 outside of the offices of the election authority.
3 (3) Any copy, summary, list, abstract, or index of
4 any computer-based voter registration file that includes
5 a computer-stored image of the signature of a registered
6 voter shall be produced in such a manner that it cannot
7 be reproduced.
8 (4) Each person desiring to vote shall sign an
9 application for a ballot, and the signature comparison
10 authorized in Articles 17 and 18 of this Code may be made
11 to a copy of the computer-stored image of the signature
12 of the registered voter.
13 (5) Any voter list produced from a computer-based
14 voter registration file that includes computer-stored
15 images of the signatures of registered voters and is used
16 in a polling place during an election shall be preserved
17 by the election authority in secure storage until the end
18 of the second calendar year following the election in
19 which it was used.
20 (d) Before the first election in which the election
21 authority elects to use a voter list produced from the
22 computer-stored images of the signatures of registered voters
23 in a computer-based voter registration file for signature
24 comparison in a polling place, the State Board of Elections
25 shall certify that the system used by the election authority
26 complies with the standards set forth in this Section. The
27 State Board of Elections may request a sample poll list
28 intended to be used in a polling place to test the accuracy
29 of the list and the adequacy of the computer-stored images of
30 the signatures of the registered voters.
31 (e) With respect to a jurisdiction that has copied all
32 of its voter signatures into a computer-based registration
33 file, all references in this Act or any other Act to the use,
34 other than storage, of paper-based voter registration records
-36- LRB093 07599 BDD 16742 a
1 shall be deemed to refer to their computer-based equivalents.
2 (f) Nothing in this Section prevents an election
3 authority from submitting to the State Board of Elections a
4 duplicate copy of some, as the State Board of Elections shall
5 determine, or all of the data contained in each voter
6 registration record that is part of the electronic master
7 file. The duplicate copy of the registration record shall be
8 maintained by the State Board of Elections under the same
9 terms and limitations applicable to the election authority
10 and shall be of equal legal dignity with the original
11 registration record maintained by the election authority as
12 proof of any fact contained in the voter registration record.
13 (Source: P.A. 91-73, eff. 7-9-99.)
14 (10 ILCS 5/6-35) (from Ch. 46, par. 6-35)
15 Sec. 6-35. The Boards of Election Commissioners shall
16 provide a sufficient number of blank forms for the
17 registration of electors which shall be known as registration
18 record cards and which shall consist of loose leaf sheets or
19 cards, of suitable size to contain in plain writing and
20 figures the data hereinafter required thereon or shall
21 consist of computer cards of suitable nature to contain the
22 data required thereon. The registration record cards, which
23 shall include an affidavit of registration as hereinafter
24 provided, shall be executed in duplicate. The duplicate of
25 which may be a carbon copy of the original or a copy of the
26 original made by the use of other method or material used for
27 making simultaneous true copies or duplications.
28 The registration record card shall contain the following
29 and such other information as the Board of Election
30 Commissioners may think it proper to require for the
31 identification of the applicant for registration:
32 Name. The name of the applicant, giving surname and
33 first or Christian name in full, and the middle name or the
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1 initial for such middle name, if any.
2 Sex.
3 Residence. The name and number of the street, avenue, or
4 other location of the dwelling, including the apartment, unit
5 or room number, if any, and in the case of a mobile home the
6 lot number, and such additional clear and definite
7 description as may be necessary to determine the exact
8 location of the dwelling of the applicant, including
9 post-office mailing address. In the case of a homeless
10 individual, the individual's voting residence that is his or
11 her mailing address shall be included on his or her
12 registration record card.
13 Term of residence in the State of Illinois and the
14 precinct.
15 Nativity. The state or country in which the applicant
16 was born.
17 Citizenship. Whether the applicant is native born or
18 naturalized. If naturalized, the court, place, and date of
19 naturalization.
20 Date of application for registration, i.e., the day,
21 month and year when the applicant presented himself for
22 registration.
23 Age. Date of birth, by month, day and year.
24 Physical disability of the applicant, if any, at the time
25 of registration, which would require assistance in voting.
26 The county and state in which the applicant was last
27 registered.
28 Signature of voter. The applicant, after registration
29 and in the presence of a deputy registrar or other officer of
30 registration shall be required to sign his or her name in ink
31 to the affidavit on both the original and the duplicate
32 registration record card.
33 Signature of deputy registrar.
34 In case applicant is unable to sign his name, he may
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1 affix his mark to the affidavit. In such case the
2 registration officer shall write a detailed description of
3 the applicant in the space provided at the bottom of the card
4 or sheet; and shall ask the following questions and record
5 the answers thereto:
6 Father's first name .........................
7 Mother's first name .........................
8 From what address did you last register? ....
9 Reason for inability to sign name ...........
10 Each applicant for registration shall make an affidavit
11 in substantially the following form:
12 AFFIDAVIT OF REGISTRATION
13 State of Illinois )
14 )ss
15 County of ....... )
16 I hereby swear (or affirm) that I am a citizen of the
17 United States, that on the day of the next election I shall
18 have resided in the State of Illinois and in the election
19 precinct 30 days and that I intend that this location is my
20 residence; that I am fully qualified to vote, and that the
21 above statements are true.
22 ..............................
23 (His or her signature or mark)
24 Subscribed and sworn to before me on (insert date).
25 ......................................
26 Signature of registration officer
27 (to be signed in presence of registrant).
28 Space shall be provided upon the face of each
29 registration record card for the notation of the voting
30 record of the person registered thereon.
31 Each registration record card shall be numbered according
32 to wards or precincts, as the case may be, and may be
33 serially or otherwise marked for identification in such
34 manner as the Board of Election Commissioners may determine.
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1 The registration cards shall be deemed public records and
2 shall be open to inspection during regular business hours,
3 except during the 27 days immediately preceding any election.
4 On written request of any candidate or objector or any person
5 intending to object to a petition, the election authority
6 shall extend its hours for inspection of registration cards
7 and other records of the election authority during the period
8 beginning with the filing of petitions under Sections 7-10,
9 8-8, 10-6 or 28-3 and continuing through the termination of
10 electoral board hearings on any objections to petitions
11 containing signatures of registered voters in the
12 jurisdiction of the election authority. The extension shall
13 be for a period of hours sufficient to allow adequate
14 opportunity for examination of the records but the election
15 authority is not required to extend its hours beyond the
16 period beginning at its normal opening for business and
17 ending at midnight. If the business hours are so extended,
18 the election authority shall post a public notice of such
19 extended hours. Registration record cards may also be
20 inspected, upon approval of the officer in charge of the
21 cards, during the 27 days immediately preceding any election.
22 Registration record cards shall also be open to inspection by
23 certified judges and poll watchers and challengers at the
24 polling place on election day, but only to the extent
25 necessary to determine the question of the right of a person
26 to vote or to serve as a judge of election. At no time shall
27 poll watchers or challengers be allowed to physically handle
28 the registration record cards.
29 Updated copies of computer tapes or computer discs or
30 other electronic data processing information containing voter
31 registration information shall be furnished by the Board of
32 Election Commissioners within 10 days after December 15 and
33 May 15 each year and within 10 days after each registration
34 period is closed to the State Board of Elections in a form
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1 prescribed by the State Board. For the purposes of this
2 Section, a registration period is closed 27 days before the
3 date of any regular or special election. Registration
4 information shall include, but not be limited to, the
5 following information: name, sex, residence, telephone
6 number, if any, age, party affiliation, if applicable,
7 precinct, ward, township, county, and representative,
8 legislative and congressional districts. In the event of
9 noncompliance, the State Board of Elections is directed to
10 obtain compliance forthwith with this nondiscretionary duty
11 of the election authority by instituting legal proceedings in
12 the circuit court of the county in which the election
13 authority maintains the registration information. The costs
14 of furnishing updated copies of tapes or discs shall be paid
15 at a rate of $.00034 per name of registered voters in the
16 election jurisdiction, but not less than $50 per tape or disc
17 and shall be paid from appropriations made to the State Board
18 of Elections for reimbursement to the election authority for
19 such purpose. The State Board shall furnish copies of such
20 tapes, discs, other electronic data or compilations thereof
21 to state political committees registered pursuant to the
22 Illinois Campaign Finance Act or the Federal Election
23 Campaign Act at their request and at a reasonable cost. To
24 protect the privacy and confidentiality of voter registration
25 information, the disclosure of electronic voter registration
26 records to any person or entity other than a State political
27 committee is specifically prohibited. Copies of the tapes,
28 discs or other electronic data shall be furnished by the
29 Board of Election Commissioners to local political committees
30 at their request and at a reasonable cost. Reasonable cost
31 of the tapes, discs, et cetera for this purpose would be the
32 cost of duplication plus 15% for administration. The
33 individual representing a political committee requesting
34 copies of such tapes shall make a sworn affidavit that the
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1 information shall be used only for bona fide political
2 purposes, including by or for candidates for office or
3 incumbent office holders. Such tapes, discs or other
4 electronic data shall not be used under any circumstances by
5 any political committee or individuals for purposes of
6 commercial solicitation or other business purposes. If such
7 tapes contain information on county residents related to the
8 operations of county government in addition to registration
9 information, that information shall not be used under any
10 circumstances for commercial solicitation or other business
11 purposes. The prohibition in this Section against using the
12 computer tapes or computer discs or other electronic data
13 processing information containing voter registration
14 information for purposes of commercial solicitation or other
15 business purposes shall be prospective only from the
16 effective date of this amended Act of 1979. Any person who
17 violates this provision shall be guilty of a Class 4 felony.
18 The State Board of Elections shall promulgate, by October
19 1, 1987, such regulations as may be necessary to ensure
20 uniformity throughout the State in electronic data processing
21 of voter registration information. The regulations shall
22 include, but need not be limited to, specifications for
23 uniform medium, communications protocol and file structure to
24 be employed by the election authorities of this State in the
25 electronic data processing of voter registration information.
26 Each election authority utilizing electronic data processing
27 of voter registration information shall comply with such
28 regulations on and after May 15, 1988.
29 If the applicant for registration was last registered in
30 another county within this State, he shall also sign a
31 certificate authorizing cancellation of the former
32 registration. The certificate shall be in substantially the
33 following form:
34 To the County Clerk of .... County, Illinois.
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1 To the Election Commission of the City of ...., Illinois.
2 This is to certify that I am registered in your (county)
3 (city) and that my residence was ..... Having moved out of
4 your (county), (city), I hereby authorize you to cancel that
5 registration in your office.
6 Dated at ...., Illinois, on (insert date).
7 ....................
8 (Signature of Voter)
9 Attest ...., Clerk, Election Commission of the City
10 of...., Illinois.
11 The cancellation certificate shall be mailed immediately
12 by the clerk of the Election Commission to the county clerk,
13 (or Election Commission as the case may be) where the
14 applicant was formerly registered. Receipt of such
15 certificate shall be full authority for cancellation of any
16 previous registration.
17 (Source: P.A. 91-357, eff. 7-29-99; 92-465, eff. 1-1-02;
18 92-816, eff. 8-21-02.)
19 (10 ILCS 5/6-50.2) (from Ch. 46, par. 6-50.2)
20 Sec. 6-50.2. (a) The board of election commissioners
21 shall appoint all precinct committeepersons in the election
22 jurisdiction as deputy registrars who may accept the
23 registration of any qualified resident of the election
24 jurisdiction, except during the 27 days preceding an
25 election.
26 The election authority shall appoint as deputy registrars
27 a reasonable number of employees of the Secretary of State
28 located at driver's license examination stations and
29 designated to the election authority by the Secretary of
30 State who may accept the registration of any qualified
31 residents of the county at any such driver's license
32 examination stations. The appointment of employees of the
33 Secretary of State as deputy registrars shall be made in the
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1 manner provided in Section 2-105 of the Illinois Vehicle
2 Code.
3 The board of election commissioners shall appoint each of
4 the following named persons as deputy registrars upon the
5 written request of such persons:
6 1. The chief librarian, or a qualified person
7 designated by the chief librarian, of any public library
8 situated within the election jurisdiction, who may accept
9 the registrations of any qualified resident of the
10 election jurisdiction, at such library.
11 2. The principal, or a qualified person designated
12 by the principal, of any high school, elementary school,
13 or vocational school situated within the election
14 jurisdiction, who may accept the registrations of any
15 resident of the election jurisdiction, at such school.
16 The board of election commissioners shall notify every
17 principal and vice-principal of each high school,
18 elementary school, and vocational school situated in the
19 election jurisdiction of their eligibility to serve as
20 deputy registrars and offer training courses for service
21 as deputy registrars at conveniently located facilities
22 at least 4 months prior to every election.
23 3. The president, or a qualified person designated
24 by the president, of any university, college, community
25 college, academy or other institution of learning
26 situated within the election jurisdiction, who may accept
27 the registrations of any resident of the election
28 jurisdiction, at such university, college, community
29 college, academy or institution.
30 4. A duly elected or appointed official of a bona
31 fide labor organization, or a reasonable number of
32 qualified members designated by such official, who may
33 accept the registrations of any qualified resident of the
34 election jurisdiction.
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1 5. A duly elected or appointed official of a bona
2 fide State civic organization, as defined and determined
3 by rule of the State Board of Elections, or qualified
4 members designated by such official, who may accept the
5 registration of any qualified resident of the election
6 jurisdiction. In determining the number of deputy
7 registrars that shall be appointed, the board of election
8 commissioners shall consider the population of the
9 jurisdiction, the size of the organization, the
10 geographic size of the jurisdiction, convenience for the
11 public, the existing number of deputy registrars in the
12 jurisdiction and their location, the registration
13 activities of the organization and the need to appoint
14 deputy registrars to assist and facilitate the
15 registration of non-English speaking individuals. In no
16 event shall a board of election commissioners fix an
17 arbitrary number applicable to every civic organization
18 requesting appointment of its members as deputy
19 registrars. The State Board of Elections shall by rule
20 provide for certification of bona fide State civic
21 organizations. Such appointments shall be made for a
22 period not to exceed 2 years, terminating on the first
23 business day of the month following the month of the
24 general election, and shall be valid for all periods of
25 voter registration as provided by this Code during the
26 terms of such appointments.
27 6. The Director of the Illinois Department of
28 Public Aid, or a reasonable number of employees
29 designated by the Director and located at public aid
30 offices, who may accept the registration of any qualified
31 resident of the election jurisdiction at any such public
32 aid office.
33 7. The Director of the Illinois Department of
34 Employment Security, or a reasonable number of employees
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1 designated by the Director and located at unemployment
2 offices, who may accept the registration of any qualified
3 resident of the election jurisdiction at any such
4 unemployment office. If the request to be appointed as
5 deputy registrar is denied, the board of election
6 commissioners shall, within 10 days after the date the
7 request is submitted, provide the affected individual or
8 organization with written notice setting forth the
9 specific reasons or criteria relied upon to deny the
10 request to be appointed as deputy registrar.
11 8. The president of any corporation, as defined by
12 the Business Corporation Act of 1983, or a reasonable
13 number of employees designated by such president, who may
14 accept the registrations of any qualified resident of the
15 election jurisdiction.
16 The board of election commissioners may appoint as many
17 additional deputy registrars as it considers necessary. The
18 board of election commissioners shall appoint such additional
19 deputy registrars in such manner that the convenience of the
20 public is served, giving due consideration to both population
21 concentration and area. Some of the additional deputy
22 registrars shall be selected so that there are an equal
23 number from each of the 2 major political parties in the
24 election jurisdiction. The board of election commissioners,
25 in appointing an additional deputy registrar, shall make the
26 appointment from a list of applicants submitted by the
27 Chairman of the County Central Committee of the applicant's
28 political party. A Chairman of a County Central Committee
29 shall submit a list of applicants to the board by November 30
30 of each year. The board may require a Chairman of a County
31 Central Committee to furnish a supplemental list of
32 applicants.
33 Deputy registrars may accept registrations at any time
34 other than the 27 day period preceding an election. All
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1 persons appointed as deputy registrars shall be registered
2 voters within the election jurisdiction and shall take and
3 subscribe to the following oath or affirmation:
4 "I do solemnly swear (or affirm, as the case may be) that
5 I will support the Constitution of the United States, and the
6 Constitution of the State of Illinois, and that I will
7 faithfully discharge the duties of the office of registration
8 officer to the best of my ability and that I will register no
9 person nor cause the registration of any person except upon
10 his personal application before me.
11 ....................................
12 (Signature of Registration Officer)"
13 This oath shall be administered and certified to by one
14 of the commissioners or by the executive director or by some
15 person designated by the board of election commissioners, and
16 shall immediately thereafter be filed with the board of
17 election commissioners. The members of the board of election
18 commissioners and all persons authorized by them under the
19 provisions of this Article to take registrations, after
20 themselves taking and subscribing to the above oath, are
21 authorized to take or administer such oaths and execute such
22 affidavits as are required by this Article.
23 Appointments of deputy registrars under this Section,
24 except precinct committeemen, shall be for 2-year terms,
25 commencing on December 1 following the general election of
26 each even-numbered year, except that the terms of the initial
27 appointments shall be until December 1st following the next
28 general election. Appointments of precinct committeemen shall
29 be for 2-year terms commencing on the date of the county
30 convention following the general primary at which they were
31 elected. The county clerk shall issue a certificate of
32 appointment to each deputy registrar, and shall maintain in
33 his office for public inspection a list of the names of all
34 appointees.
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1 (b) The board of election commissioners shall be
2 responsible for training all deputy registrars appointed
3 pursuant to subsection (a), at times and locations reasonably
4 convenient for both the board of election commissioners and
5 such appointees. The board of election commissioners shall
6 be responsible for certifying and supervising all deputy
7 registrars appointed pursuant to subsection (a). Deputy
8 registrars appointed under subsection (a) shall be subject to
9 removal for cause.
10 (c) Completed registration materials under the control
11 of deputy registrars appointed pursuant to subsection (a)
12 shall be returned to the proper election authority within 7
13 days, except that completed registration materials received
14 by the deputy registrars during the period between the 35th
15 and 28th day preceding an election shall be returned by the
16 deputy registrars to the proper election authority within 48
17 hours after receipt thereof. The completed registration
18 materials received by the deputy registrars on the 28th day
19 preceding an election shall be returned by the deputy
20 registrars within 24 hours after receipt thereof. Unused
21 materials shall be returned by deputy registrars appointed
22 pursuant to paragraph 4 of subsection (a), not later than the
23 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
27 unaccounted registration forms the deputy registrar may have
28 in his or her possession. The board of election commissioners
29 shall not be required to provide additional forms to any
30 deputy registrar having more than 200 registration forms
31 unaccounted for during the preceding 12 month period.
32 (e) No deputy registrar shall engage in any
33 electioneering or the promotion of any cause during the
34 performance of his or her duties.
-48- LRB093 07599 BDD 16742 a
1 (f) The board of election commissioners shall not be
2 criminally or civilly liable for the acts or omissions of any
3 deputy registrar. Such deputy registrars shall not be deemed
4 to be employees of the board of election commissioners.
5 (Source: P.A. 92-816, eff. 8-21-02.)
6 (10 ILCS 5/6-79)
7 Sec. 6-79. Computerization of voter records.
8 (a) The State Board of Elections shall design a
9 registration record card that, except as otherwise provided
10 in this Section, shall be used in duplicate by all election
11 authorities in the State adopting a computer-based voter
12 registration file as provided in this Section. The Board
13 shall prescribe the form and specifications, including but
14 not limited to the weight of paper, color, and print of the
15 cards. The cards shall contain boxes or spaces for the
16 information required under Sections 6-31.1 and 6-35; provided
17 that the cards shall also contain: (i) A space for the
18 person to fill in his or her Illinois driver's license number
19 if the person has a driver's license; (ii) A space for a
20 person without a driver's license to fill in the last four
21 digits of his or her social security number if the person has
22 a social security number card a box or space for the
23 applicant's social security number, which shall be required
24 to the extent allowed by law but in no case shall the
25 applicant provide fewer than the last 4 digits of the social
26 security number, and a box for the applicant's telephone
27 number, if available.
28 (b) The election authority may develop and implement a
29 system to prepare, use, and maintain a computer-based voter
30 registration file that includes a computer-stored image of
31 the signature of each voter. The computer-based voter
32 registration file may be used for all purposes for which the
33 original registration cards are to be used, provided that a
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1 system for the storage of at least one copy of the original
2 registration cards remains in effect. The electronic file
3 shall be the master file.
4 (c) Any system created, used, and maintained under
5 subsection (b) of this Section shall meet the following
6 standards:
7 (1) Access to any computer-based voter registration
8 file shall be limited to those persons authorized by the
9 election authority, and each access to the computer-based
10 voter registration file, other than an access solely for
11 inquiry, shall be recorded.
12 (2) No copy, summary, list, abstract, or index of
13 any computer-based voter registration file that includes
14 any computer-stored image of the signature of any
15 registered voter shall be made available to the public
16 outside of the offices of the election authority.
17 (3) Any copy, summary, list, abstract, or index of
18 any computer-based voter registration file that includes
19 a computer-stored image of the signature of a registered
20 voter shall be produced in such a manner that it cannot
21 be reproduced.
22 (4) Each person desiring to vote shall sign an
23 application for a ballot, and the signature comparison
24 authorized in Articles 17 and 18 of this Code may be made
25 to a copy of the computer-stored image of the signature
26 of the registered voter.
27 (5) Any voter list produced from a computer-based
28 voter registration file that includes computer-stored
29 images of the signatures of registered voters and is used
30 in a polling place during an election shall be preserved
31 by the election authority in secure storage until the end
32 of the second calendar year following the election in
33 which it was used.
34 (d) Before the first election in which the election
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1 authority elects to use a voter list produced from the
2 computer-stored images of the signatures of registered voters
3 in a computer-based voter registration file for signature
4 comparison in a polling place, the State Board of Elections
5 shall certify that the system used by the election authority
6 complies with the standards set forth in this Section. The
7 State Board of Elections may request a sample poll list
8 intended to be used in a polling place to test the accuracy
9 of the list and the adequacy of the computer-stored images of
10 the signatures of the registered voters.
11 (e) With respect to a jurisdiction that has copied all
12 of its voter signatures into a computer-based registration
13 file, all references in this Act or any other Act to the use,
14 other than storage, of paper-based voter registration records
15 shall be deemed to refer to their computer-based equivalents.
16 (f) Nothing in this Section prevents an election
17 authority from submitting to the State Board of Elections a
18 duplicate copy of some, as the State Board of Elections shall
19 determine, or all of the data contained in each voter
20 registration record that is part of the electronic master
21 file. The duplicate copy of the registration record shall be
22 maintained by the State Board of Elections under the same
23 terms and limitations applicable to the election authority
24 and shall be of equal legal dignity with the original
25 registration record maintained by the election authority as
26 proof of any fact contained in the voter registration record.
27 (Source: P.A. 91-73, eff. 7-9-99.)
28 (10 ILCS 5/7-7) (from Ch. 46, par. 7-7)
29 Sec. 7-7. For the purpose of making nominations in
30 certain instances as provided in this Article and this Act,
31 the following committees are authorized and shall constitute
32 the central or managing committees of each political party,
33 viz: A State central committee, a congressional committee for
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1 each congressional district, a county central committee for
2 each county, a municipal central committee for each city,
3 incorporated town or village, a ward committeeman for each
4 ward in cities containing a population of 500,000 or more; a
5 township committeeman for each township or part of a township
6 that lies outside of cities having a population of 200,000 or
7 more, in counties having a population of 2,000,000 or more; a
8 precinct committeeman for each precinct in counties having a
9 population of less than 2,000,000; a county board district
10 committee for each county board district created under
11 Division 2-3 of the Counties Code; a State's Attorney
12 committee for each group of 2 or more counties which jointly
13 elect a State's Attorney; a Superintendent of Multi-County
14 Educational Service Region committee for each group of 2 or
15 more counties which jointly elect a Superintendent of a
16 Multi-County Educational Service Region; and a judicial
17 subcircuit committee in Cook County for each judicial
18 subcircuit in Cook County; and a board of review election
19 district committee for each Cook County Board of Review
20 election district.
21 (Source: P.A. 87-1052.)
22 (10 ILCS 5/7-8) (from Ch. 46, par. 7-8)
23 Sec. 7-8. The State central committee shall be composed
24 of one or two members from each congressional district in the
25 State and shall be elected as follows:
26 State Central Committee
27 (a) Within 30 days after the effective date of this
28 amendatory Act of 1983 the State central committee of each
29 political party shall certify to the State Board of Elections
30 which of the following alternatives it wishes to apply to the
31 State central committee of that party.
32 Alternative A. At the primary held on the third Tuesday
33 in March 1970, and at the primary held every 4 years
-52- LRB093 07599 BDD 16742 a
1 thereafter, each primary elector may vote for one candidate
2 of his party for member of the State central committee for
3 the congressional district in which he resides. The
4 candidate receiving the highest number of votes shall be
5 declared elected State central committeeman from the
6 district. A political party may, in lieu of the foregoing, by
7 a majority vote of delegates at any State convention of such
8 party, determine to thereafter elect the State central
9 committeemen in the manner following:
10 At the county convention held by such political party
11 State central committeemen shall be elected in the same
12 manner as provided in this Article for the election of
13 officers of the county central committee, and such election
14 shall follow the election of officers of the county central
15 committee. Each elected ward, township or precinct
16 committeeman shall cast as his vote one vote for each ballot
17 voted in his ward, township, part of a township or precinct
18 in the last preceding primary election of his political
19 party. In the case of a county lying partially within one
20 congressional district and partially within another
21 congressional district, each ward, township or precinct
22 committeeman shall vote only with respect to the
23 congressional district in which his ward, township, part of a
24 township or precinct is located. In the case of a
25 congressional district which encompasses more than one
26 county, each ward, township or precinct committeeman residing
27 within the congressional district shall cast as his vote one
28 vote for each ballot voted in his ward, township, part of a
29 township or precinct in the last preceding primary election
30 of his political party for one candidate of his party for
31 member of the State central committee for the congressional
32 district in which he resides and the Chairman of the county
33 central committee shall report the results of the election to
34 the State Board of Elections. The State Board of Elections
-53- LRB093 07599 BDD 16742 a
1 shall certify the candidate receiving the highest number of
2 votes elected State central committeeman for that
3 congressional district.
4 The State central committee shall adopt rules to provide
5 for and govern the procedures to be followed in the election
6 of members of the State central committee.
7 After the effective date of this amendatory Act of the
8 91st General Assembly, whenever a vacancy occurs in the
9 office of Chairman of a State central committee, or at the
10 end of the term of office of Chairman, the State central
11 committee of each political party that has selected
12 Alternative A shall elect a Chairman who shall not be
13 required to be a member of the State Central Committee. The
14 Chairman shall be a registered voter in this State and of the
15 same political party as the State central committee.
16 Alternative B. Each congressional committee shall,
17 within 30 days after the adoption of this alternative,
18 appoint a person of the sex opposite that of the incumbent
19 member for that congressional district to serve as an
20 additional member of the State central committee until his or
21 her successor is elected at the general primary election in
22 1986. Each congressional committee shall make this
23 appointment by voting on the basis set forth in paragraph (e)
24 of this Section. In each congressional district at the
25 general primary election held in 1986 and every 4 years
26 thereafter, the male candidate receiving the highest number
27 of votes of the party's male candidates for State central
28 committeeman, and the female candidate receiving the highest
29 number of votes of the party's female candidates for State
30 central committeewoman, shall be declared elected State
31 central committeeman and State central committeewoman from
32 the district. At the general primary election held in 1986
33 and every 4 years thereafter, if all a party's candidates for
34 State central committeemen or State central committeewomen
-54- LRB093 07599 BDD 16742 a
1 from a congressional district are of the same sex, the
2 candidate receiving the highest number of votes shall be
3 declared elected a State central committeeman or State
4 central committeewoman from the district, and, because of a
5 failure to elect one male and one female to the committee, a
6 vacancy shall be declared to exist in the office of the
7 second member of the State central committee from the
8 district. This vacancy shall be filled by appointment by the
9 congressional committee of the political party, and the
10 person appointed to fill the vacancy shall be a resident of
11 the congressional district and of the sex opposite that of
12 the committeeman or committeewoman elected at the general
13 primary election. Each congressional committee shall make
14 this appointment by voting on the basis set forth in
15 paragraph (e) of this Section.
16 The Chairman of a State central committee composed as
17 provided in this Alternative B must be selected from the
18 committee's members.
19 Except as provided for in Alternative A with respect to
20 the selection of the Chairman of the State central committee,
21 under both of the foregoing alternatives, the State central
22 committee of each political party shall be composed of
23 members elected or appointed from the several congressional
24 districts of the State, and of no other person or persons
25 whomsoever. The members of the State central committee
26 shall, within 30 days after each quadrennial election of the
27 full committee, meet in the city of Springfield and organize
28 by electing a chairman, and may at such time elect such
29 officers from among their own number (or otherwise), as they
30 may deem necessary or expedient. The outgoing chairman of the
31 State central committee of the party shall, 10 days before
32 the meeting, notify each member of the State central
33 committee elected at the primary of the time and place of
34 such meeting. In the organization and proceedings of the
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1 State central committee, each State central committeeman and
2 State central committeewoman shall have one vote for each
3 ballot voted in his or her congressional district by the
4 primary electors of his or her party at the primary election
5 immediately preceding the meeting of the State central
6 committee. Whenever a vacancy occurs in the State central
7 committee of any political party, the vacancy shall be filled
8 by appointment of the chairmen of the county central
9 committees of the political party of the counties located
10 within the congressional district in which the vacancy occurs
11 and, if applicable, the ward and township committeemen of the
12 political party in counties of 2,000,000 or more inhabitants
13 located within the congressional district. If the
14 congressional district in which the vacancy occurs lies
15 wholly within a county of 2,000,000 or more inhabitants, the
16 ward and township committeemen of the political party in that
17 congressional district shall vote to fill the vacancy. In
18 voting to fill the vacancy, each chairman of a county central
19 committee and each ward and township committeeman in counties
20 of 2,000,000 or more inhabitants shall have one vote for each
21 ballot voted in each precinct of the congressional district
22 in which the vacancy exists of his or her county, township,
23 or ward cast by the primary electors of his or her party at
24 the primary election immediately preceding the meeting to
25 fill the vacancy in the State central committee. The person
26 appointed to fill the vacancy shall be a resident of the
27 congressional district in which the vacancy occurs, shall be
28 a qualified voter, and, in a committee composed as provided
29 in Alternative B, shall be of the same sex as his or her
30 predecessor. A political party may, by a majority vote of the
31 delegates of any State convention of such party, determine to
32 return to the election of State central committeeman and
33 State central committeewoman by the vote of primary electors.
34 Any action taken by a political party at a State convention
-56- LRB093 07599 BDD 16742 a
1 in accordance with this Section shall be reported to the
2 State Board of Elections by the chairman and secretary of
3 such convention within 10 days after such action.
4 Ward, Township and Precinct Committeemen
5 (b) At the primary held on the third Tuesday in March,
6 1972, and every 4 years thereafter, each primary elector in
7 cities having a population of 200,000 or over may vote for
8 one candidate of his party in his ward for ward committeeman.
9 Each candidate for ward committeeman must be a resident of
10 and in the ward where he seeks to be elected ward
11 committeeman. The one having the highest number of votes
12 shall be such ward committeeman of such party for such ward.
13 At the primary election held on the third Tuesday in March,
14 1970, and every 4 years thereafter, each primary elector in
15 counties containing a population of 2,000,000 or more,
16 outside of cities containing a population of 200,000 or more,
17 may vote for one candidate of his party for township
18 committeeman. Each candidate for township committeeman must
19 be a resident of and in the township or part of a township
20 (which lies outside of a city having a population of 200,000
21 or more, in counties containing a population of 2,000,000 or
22 more), and in which township or part of a township he seeks
23 to be elected township committeeman. The one having the
24 highest number of votes shall be such township committeeman
25 of such party for such township or part of a township. At the
26 primary held on the third Tuesday in March, 1970 and every 2
27 years thereafter, each primary elector, except in counties
28 having a population of 2,000,000 or over, may vote for one
29 candidate of his party in his precinct for precinct
30 committeeman. Each candidate for precinct committeeman must
31 be a bona fide resident of the precinct where he seeks to be
32 elected precinct committeeman. The one having the highest
33 number of votes shall be such precinct committeeman of such
34 party for such precinct. The official returns of the primary
-57- LRB093 07599 BDD 16742 a
1 shall show the name of the committeeman of each political
2 party.
3 Terms of Committeemen. All precinct committeemen elected
4 under the provisions of this Article shall continue as such
5 committeemen until the date of the primary to be held in the
6 second year after their election. Except as otherwise
7 provided in this Section for certain State central
8 committeemen who have 2 year terms, all State central
9 committeemen, township committeemen and ward committeemen
10 shall continue as such committeemen until the date of primary
11 to be held in the fourth year after their election. However,
12 a vacancy exists in the office of precinct committeeman when
13 a precinct committeeman ceases to reside in the precinct in
14 which he was elected and such precinct committeeman shall
15 thereafter neither have nor exercise any rights, powers or
16 duties as committeeman in that precinct, even if a successor
17 has not been elected or appointed.
18 (c) The Multi-Township Central Committee shall consist
19 of the precinct committeemen of such party, in the
20 multi-township assessing district formed pursuant to Section
21 2-10 of the Property Tax Code and shall be organized for the
22 purposes set forth in Section 45-25 of the Township Code. In
23 the organization and proceedings of the Multi-Township
24 Central Committee each precinct committeeman shall have one
25 vote for each ballot voted in his precinct by the primary
26 electors of his party at the primary at which he was elected.
27 County Central Committee
28 (d) The county central committee of each political party
29 in each county shall consist of the various township
30 committeemen, precinct committeemen and ward committeemen, if
31 any, of such party in the county. In the organization and
32 proceedings of the county central committee, each precinct
33 committeeman shall have one vote for each ballot voted in his
34 precinct by the primary electors of his party at the primary
-58- LRB093 07599 BDD 16742 a
1 at which he was elected; each township committeeman shall
2 have one vote for each ballot voted in his township or part
3 of a township as the case may be by the primary electors of
4 his party at the primary election for the nomination of
5 candidates for election to the General Assembly immediately
6 preceding the meeting of the county central committee; and in
7 the organization and proceedings of the county central
8 committee, each ward committeeman shall have one vote for
9 each ballot voted in his ward by the primary electors of his
10 party at the primary election for the nomination of
11 candidates for election to the General Assembly immediately
12 preceding the meeting of the county central committee.
13 Cook County Board of Review Election District Committee
14 (d-1) Each board of review election district committee
15 of each political party in Cook County shall consist of the
16 various township committeemen and ward committeemen, if any,
17 of that party in the portions of the county composing the
18 board of review election district. In the organization and
19 proceedings of each of the 3 election district committees,
20 each township committeeman shall have one vote for each
21 ballot voted in his or her township or part of a township, as
22 the case may be, by the primary electors of his or her party
23 at the primary election immediately preceding the meeting of
24 the board of review election district committee; and in the
25 organization and proceedings of each of the 3 election
26 district committees, each ward committeeman shall have one
27 vote for each ballot voted in his or her ward or part of that
28 ward, as the case may be, by the primary electors of his or
29 her party at the primary election immediately preceding the
30 meeting of the board of review election district committee.
31 Congressional Committee
32 (e) The congressional committee of each party in each
33 congressional district shall be composed of the chairmen of
34 the county central committees of the counties composing the
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1 congressional district, except that in congressional
2 districts wholly within the territorial limits of one county,
3 or partly within 2 or more counties, but not coterminous with
4 the county lines of all of such counties, the precinct
5 committeemen, township committeemen and ward committeemen, if
6 any, of the party representing the precincts within the
7 limits of the congressional district, shall compose the
8 congressional committee. A State central committeeman in each
9 district shall be a member and the chairman or, when a
10 district has 2 State central committeemen, a co-chairman of
11 the congressional committee, but shall not have the right to
12 vote except in case of a tie.
13 In the organization and proceedings of congressional
14 committees composed of precinct committeemen or township
15 committeemen or ward committeemen, or any combination
16 thereof, each precinct committeeman shall have one vote for
17 each ballot voted in his precinct by the primary electors of
18 his party at the primary at which he was elected, each
19 township committeeman shall have one vote for each ballot
20 voted in his township or part of a township as the case may
21 be by the primary electors of his party at the primary
22 election immediately preceding the meeting of the
23 congressional committee, and each ward committeeman shall
24 have one vote for each ballot voted in each precinct of his
25 ward located in such congressional district by the primary
26 electors of his party at the primary election immediately
27 preceding the meeting of the congressional committee; and in
28 the organization and proceedings of congressional committees
29 composed of the chairmen of the county central committees of
30 the counties within such district, each chairman of such
31 county central committee shall have one vote for each ballot
32 voted in his county by the primary electors of his party at
33 the primary election immediately preceding the meeting of the
34 congressional committee.
-60- LRB093 07599 BDD 16742 a
1 Judicial District Committee
2 (f) The judicial district committee of each political
3 party in each judicial district shall be composed of the
4 chairman of the county central committees of the counties
5 composing the judicial district.
6 In the organization and proceedings of judicial district
7 committees composed of the chairmen of the county central
8 committees of the counties within such district, each
9 chairman of such county central committee shall have one vote
10 for each ballot voted in his county by the primary electors
11 of his party at the primary election immediately preceding
12 the meeting of the judicial district committee.
13 Circuit Court Committee
14 (g) The circuit court committee of each political party
15 in each judicial circuit outside Cook County shall be
16 composed of the chairmen of the county central committees of
17 the counties composing the judicial circuit.
18 In the organization and proceedings of circuit court
19 committees, each chairman of a county central committee shall
20 have one vote for each ballot voted in his county by the
21 primary electors of his party at the primary election
22 immediately preceding the meeting of the circuit court
23 committee.
24 Judicial Subcircuit Committee
25 (g-1) The judicial subcircuit committee of each
26 political party in each judicial subcircuit in Cook County
27 shall be composed of the ward and township committeemen of
28 the townships and wards composing the judicial subcircuit.
29 In the organization and proceedings of each judicial
30 subcircuit committee, each township committeeman shall have
31 one vote for each ballot voted in his township or part of a
32 township, as the case may be, in the judicial subcircuit by
33 the primary electors of his party at the primary election
34 immediately preceding the meeting of the judicial subcircuit
-61- LRB093 07599 BDD 16742 a
1 committee; and each ward committeeman shall have one vote for
2 each ballot voted in his ward or part of a ward, as the case
3 may be, in the judicial subcircuit by the primary electors of
4 his party at the primary election immediately preceding the
5 meeting of the judicial subcircuit committee.
6 Municipal Central Committee
7 (h) The municipal central committee of each political
8 party shall be composed of the precinct, township or ward
9 committeemen, as the case may be, of such party representing
10 the precincts or wards, embraced in such city, incorporated
11 town or village. The voting strength of each precinct,
12 township or ward committeeman on the municipal central
13 committee shall be the same as his voting strength on the
14 county central committee.
15 For political parties, other than a statewide political
16 party, established only within a municipality or township,
17 the municipal or township managing committee shall be
18 composed of the party officers of the local established
19 party. The party officers of a local established party shall
20 be as follows: the chairman and secretary of the caucus for
21 those municipalities and townships authorized by statute to
22 nominate candidates by caucus shall serve as party officers
23 for the purpose of filling vacancies in nomination under
24 Section 7-61; for municipalities and townships authorized by
25 statute or ordinance to nominate candidates by petition and
26 primary election, the party officers shall be the party's
27 candidates who are nominated at the primary. If no party
28 primary was held because of the provisions of Section 7-5,
29 vacancies in nomination shall be filled by the party's
30 remaining candidates who shall serve as the party's officers.
31 Powers
32 (i) Each committee and its officers shall have the
33 powers usually exercised by such committees and by the
34 officers thereof, not inconsistent with the provisions of
-62- LRB093 07599 BDD 16742 a
1 this Article. The several committees herein provided for
2 shall not have power to delegate any of their powers, or
3 functions to any other person, officer or committee, but this
4 shall not be construed to prevent a committee from appointing
5 from its own membership proper and necessary subcommittees.
6 (j) The State central committee of a political party
7 which elects it members by Alternative B under paragraph (a)
8 of this Section shall adopt a plan to give effect to the
9 delegate selection rules of the national political party and
10 file a copy of such plan with the State Board of Elections
11 when approved by a national political party.
12 (k) For the purpose of the designation of a proxy by a
13 Congressional Committee to vote in place of an absent State
14 central committeeman or committeewoman at meetings of the
15 State central committee of a political party which elects its
16 members by Alternative B under paragraph (a) of this Section,
17 the proxy shall be appointed by the vote of the ward and
18 township committeemen, if any, of the wards and townships
19 which lie entirely or partially within the Congressional
20 District from which the absent State central committeeman or
21 committeewoman was elected and the vote of the chairmen of
22 the county central committees of those counties which lie
23 entirely or partially within that Congressional District and
24 in which there are no ward or township committeemen. When
25 voting for such proxy the county chairman, ward committeeman
26 or township committeeman, as the case may be shall have one
27 vote for each ballot voted in his county, ward or township,
28 or portion thereof within the Congressional District, by the
29 primary electors of his party at the primary at which he was
30 elected. However, the absent State central committeeman or
31 committeewoman may designate a proxy when permitted by the
32 rules of a political party which elects its members by
33 Alternative B under paragraph (a) of this Section.
34 (Source: P.A. 90-627, eff. 7-10-98; 91-426, eff. 8-6-99.)
-63- LRB093 07599 BDD 16742 a
1 (10 ILCS 5/7-10) (from Ch. 46, par. 7-10)
2 Sec. 7-10. Form of petition for nomination. The name of
3 no candidate for nomination, or State central committeeman,
4 or township committeeman, or precinct committeeman, or ward
5 committeeman or candidate for delegate or alternate delegate
6 to national nominating conventions, shall be printed upon the
7 primary ballot unless a petition for nomination has been
8 filed in his behalf as provided in this Article in
9 substantially the following form:
10 We, the undersigned, members of and affiliated with the
11 .... party and qualified primary electors of the .... party,
12 in the .... of ...., in the county of .... and State of
13 Illinois, do hereby petition that the following named person
14 or persons shall be a candidate or candidates of the ....
15 party for the nomination for (or in case of committeemen for
16 election to) the office or offices hereinafter specified, to
17 be voted for at the primary election to be held on (insert
18 date).
19 Name Office Address
20 John Jones Governor Belvidere, Ill.
21 Thomas Smith Attorney General Oakland, Ill.
22 Name.................. Address.......................
23 State of Illinois)
24 ) ss.
25 County of........)
26 I, ...., do hereby certify that I reside at No. ....
27 street, in the .... of ...., county of ...., and State of
28 ....., that I am 18 years of age or older, that I am a
29 citizen of the United States, and that the signatures on this
30 sheet were signed in my presence, and are genuine, and that
31 to the best of my knowledge and belief the persons so signing
32 were at the time of signing the petitions qualified voters of
33 the .... party, and that their respective residences are
-64- LRB093 07599 BDD 16742 a
1 correctly stated, as above set forth.
2 .........................
3 Subscribed and sworn to before me on (insert date).
4 .........................
5 Each sheet of the petition other than the statement of
6 candidacy and candidate's statement shall be of uniform size
7 and shall contain above the space for signatures an
8 appropriate heading giving the information as to name of
9 candidate or candidates, in whose behalf such petition is
10 signed; the office, the political party represented and place
11 of residence; and the heading of each sheet shall be the
12 same.
13 Such petition shall be signed by qualified primary
14 electors residing in the political division for which the
15 nomination is sought in their own proper persons only and
16 opposite the signature of each signer, his residence address
17 shall be written or printed. The residence address required
18 to be written or printed opposite each qualified primary
19 elector's name shall include the street address or rural
20 route number of the signer, as the case may be, as well as
21 the signer's county, and city, village or town, and state.
22 However the county or city, village or town, and state of
23 residence of the electors may be printed on the petition
24 forms where all of the electors signing the petition reside
25 in the same county or city, village or town, and state.
26 Standard abbreviations may be used in writing the residence
27 address, including street number, if any. At the bottom of
28 each sheet of such petition shall be added a circulator
29 statement signed by a person 18 years of age or older who is
30 a citizen of the United States, stating the street address or
31 rural route number, as the case may be, as well as the
32 county, city, village or town, and state; and certifying that
33 the signatures on that sheet of the petition were signed in
34 his or her presence and certifying that the signatures are
-65- LRB093 07599 BDD 16742 a
1 genuine; and either (1) indicating the dates on which that
2 sheet was circulated, or (2) indicating the first and last
3 dates on which the sheet was circulated, or (3) certifying
4 that none of the signatures on the sheet were signed more
5 than 90 days preceding the last day for the filing of the
6 petition and certifying that to the best of his or her
7 knowledge and belief the persons so signing were at the time
8 of signing the petitions qualified voters of the political
9 party for which a nomination is sought. Such statement shall
10 be sworn to before some officer authorized to administer
11 oaths in this State.
12 No petition sheet shall be circulated more than 90 days
13 preceding the last day provided in Section 7-12 for the
14 filing of such petition.
15 The person circulating the petition, or the candidate on
16 whose behalf the petition is circulated, may strike any
17 signature from the petition, provided that:
18 (1) the person striking the signature shall initial
19 the petition at the place where the signature is struck;
20 and
21 (2) the person striking the signature shall sign a
22 certification listing the page number and line number of
23 each signature struck from the petition. Such
24 certification shall be filed as a part of the petition.
25 Such sheets before being filed shall be neatly fastened
26 together in book form, by placing the sheets in a pile and
27 fastening them together at one edge in a secure and suitable
28 manner, and the sheets shall then be numbered consecutively.
29 The sheets shall not be fastened by pasting them together end
30 to end, so as to form a continuous strip or roll. All
31 petition sheets which are filed with the proper local
32 election officials, election authorities or the State Board
33 of Elections shall be the original sheets which have been
34 signed by the voters and by the circulator thereof, and not
-66- LRB093 07599 BDD 16742 a
1 photocopies or duplicates of such sheets. Each petition must
2 include as a part thereof, a statement of candidacy for each
3 of the candidates filing, or in whose behalf the petition is
4 filed. This statement shall set out the address of such
5 candidate, the office for which he is a candidate, shall
6 state that the candidate is a qualified primary voter of the
7 party to which the petition relates and is qualified for the
8 office specified (in the case of a candidate for State's
9 Attorney it shall state that the candidate is at the time of
10 filing such statement a licensed attorney-at-law of this
11 State), shall state that he has filed (or will file before
12 the close of the petition filing period) a statement of
13 economic interests as required by the Illinois Governmental
14 Ethics Act, shall request that the candidate's name be placed
15 upon the official ballot, and shall be subscribed and sworn
16 to by such candidate before some officer authorized to take
17 acknowledgment of deeds in the State and shall be in
18 substantially the following form:
19 Statement of Candidacy
20 Name Address Office District Party
21 John Jones 102 Main St. Governor Statewide Republican
22 Belvidere,
23 Illinois
24 State of Illinois)
25 ) ss.
26 County of .......)
27 I, ...., being first duly sworn, say that I reside at
28 .... Street in the city (or village) of ...., in the county
29 of ...., State of Illinois; that I am a qualified voter
30 therein and am a qualified primary voter of the .... party;
31 that I am a candidate for nomination (for election in the
32 case of committeeman and delegates and alternate delegates)
33 to the office of .... to be voted upon at the primary
34 election to be held on (insert date); that I am legally
-67- LRB093 07599 BDD 16742 a
1 qualified (including being the holder of any license that may
2 be an eligibility requirement for the office I seek the
3 nomination for) to hold such office and that I have filed (or
4 I will file before the close of the petition filing period) a
5 statement of economic interests as required by the Illinois
6 Governmental Ethics Act and I hereby request that my name be
7 printed upon the official primary ballot for nomination for
8 (or election to in the case of committeemen and delegates and
9 alternate delegates) such office.
10 Signed ......................
11 Subscribed and sworn to (or affirmed) before me by ....,
12 who is to me personally known, on (insert date).
13 Signed ....................
14 (Official Character)
15 (Seal, if officer has one.)
16 The petitions, when filed, shall not be withdrawn or
17 added to, and no signatures shall be revoked except by
18 revocation filed in writing with the State Board of
19 Elections, election authority or local election official with
20 whom the petition is required to be filed, and before the
21 filing of such petition. Whoever forges the name of a signer
22 upon any petition required by this Article is deemed guilty
23 of a forgery and on conviction thereof shall be punished
24 accordingly.
25 A candidate for the offices listed in this Section must
26 obtain the number of signatures specified in this Section on
27 his or her petition for nomination.
28 (a) Statewide office or delegate to a national
29 nominating convention. If a candidate seeks to run for
30 statewide office or as a delegate or alternate delegate to a
31 national nominating convention elected from the State
32 at-large, then the candidate's petition for nomination must
33 contain at least 5,000 but not more than 10,000 signatures.
34 (b) Congressional office or congressional delegate to a
-68- LRB093 07599 BDD 16742 a
1 national nominating convention. If a candidate seeks to run
2 for United States Congress or as a congressional delegate or
3 alternate congressional delegate to a national nominating
4 convention elected from a congressional district, then the
5 candidate's petition for nomination must contain at least the
6 number of signatures equal to 0.5% of the qualified primary
7 electors of his or her party in his or her congressional
8 district. In the first primary election following a
9 redistricting of congressional districts, a candidate's
10 petition for nomination must contain at least 600 signatures
11 of qualified primary electors of the candidate's political
12 party in his or her congressional district.
13 (c) County office. If a candidate seeks to run for any
14 countywide office, including but not limited to county board
15 chairperson or county board member, elected on an at-large
16 basis, in a county other than Cook County, then the
17 candidate's petition for nomination must contain at least the
18 number of signatures equal to 0.5% of the qualified electors
19 of his or her party who cast votes at the last preceding
20 general election in his or her county. If a candidate seeks
21 to run for county board member elected from a county board
22 district, then the candidate's petition for nomination must
23 contain at least the number of signatures equal to 0.5% of
24 the qualified primary electors of his or her party in the
25 county board district. In the first primary election
26 following a redistricting of county board districts or the
27 initial establishment of county board districts, a
28 candidate's petition for nomination must contain at least the
29 number of signatures equal to 0.5% of the qualified electors
30 of his or her party in the entire county who cast votes at
31 the last preceding general election divided by the total
32 number of county board districts comprising the county board;
33 provided that in no event shall the number of signatures be
34 less than 25.
-69- LRB093 07599 BDD 16742 a
1 (d) County office; Cook County only.
2 (1) If a candidate seeks to run for countywide
3 office in Cook County, then the candidate's petition for
4 nomination must contain at least the number of signatures
5 equal to 0.5% of the qualified electors of his or her
6 party who cast votes at the last preceding general
7 election in Cook County.
8 (2) If a candidate seeks to run for Cook County
9 Board Commissioner, then the candidate's petition for
10 nomination must contain at least the number of signatures
11 equal to 0.5% of the qualified primary electors of his or
12 her party in his or her county board district. In the
13 first primary election following a redistricting of Cook
14 County Board of Commissioners districts, a candidate's
15 petition for nomination must contain at least the number
16 of signatures equal to 0.5% of the qualified electors of
17 his or her party in the entire county who cast votes at
18 the last preceding general election divided by the total
19 number of county board districts comprising the county
20 board; provided that in no event shall the number of
21 signatures be less than 25.
22 (3) If a candidate seeks to run for Cook County
23 Board of Review Commissioner, which is elected from a
24 district pursuant to subsection (c) of Section 5-5 of the
25 Property Tax Code, then the candidate's petition for
26 nomination must contain at least the number of signatures
27 equal to 0.5% of the total number of registered voters in
28 his or her board of review district in the last general
29 election at which a commissioner was regularly scheduled
30 to be elected from that board of review district. In no
31 event shall the number of signatures required be greater
32 than the requisite number for a candidate who seeks
33 countywide office in Cook County under subsection (d)(1)
34 of this Section. In the first primary election following
-70- LRB093 07599 BDD 16742 a
1 a redistricting of Cook County Board of Review districts,
2 a candidate's petition for nomination must contain at
3 least 4,000 signatures or at least the number of
4 signatures required for a county-wide candidate in Cook
5 County, whichever is less, of the qualified electors of
6 his or her party in the district.
7 (e) Municipal or township office. If a candidate seeks
8 to run for municipal or township office, then the candidate's
9 petition for nomination must contain at least the number of
10 signatures equal to 0.5% of the qualified primary electors of
11 his or her party in the municipality or township. If a
12 candidate seeks to run for alderman of a municipality, then
13 the candidate's petition for nomination must contain at least
14 the number of signatures equal to 0.5% of the qualified
15 primary electors of his or her party of the ward. In the
16 first primary election following redistricting of aldermanic
17 wards or trustee districts of a municipality or the initial
18 establishment of wards or districts, a candidate's petition
19 for nomination must contain the number of signatures equal to
20 at least 0.5% of the total number of votes cast for the
21 candidate of that political party who received the highest
22 number of votes in the entire municipality at the last
23 regular election at which an officer was regularly scheduled
24 to be elected from the entire municipality, divided by the
25 number of wards or districts. In no event shall the number of
26 signatures be less than 25.
27 (f) State central committeeperson. If a candidate seeks
28 to run for State central committeeperson, then the
29 candidate's petition for nomination must contain at least 100
30 signatures of the primary electors of his or her party of his
31 or her congressional district.
32 (g) Sanitary district trustee. If a candidate seeks to
33 run for trustee of a sanitary district in which trustees are
34 not elected from wards, then the candidate's petition for
-71- LRB093 07599 BDD 16742 a
1 nomination must contain at least the number of signatures
2 equal to 0.5% of the primary electors of his or her party
3 from the sanitary district. If a candidate seeks to run for
4 trustee of a sanitary district in which trustees are elected
5 from wards, then the candidate's petition for nomination must
6 contain at least the number of signatures equal to 0.5% of
7 the primary electors of his or her party in the ward of that
8 sanitary district. In the first primary election following
9 redistricting of sanitary districts elected from wards, a
10 candidate's petition for nomination must contain at least the
11 signatures of 150 qualified primary electors of his or her
12 ward of that sanitary district.
13 (h) Judicial office. If a candidate seeks to run for
14 judicial office in a district, circuit, or subcircuit, then
15 the candidate's petition for nomination must contain the
16 number of signatures equal to 0.25% of the number of votes
17 cast for the judicial candidate of his or her political party
18 who received the highest number of votes at the last general
19 election at which a judicial officer from the same district,
20 circuit, or subcircuit was regularly scheduled to be elected,
21 but in no event less than 500 signatures.
22 (i) Precinct, ward, and township committeeperson. If a
23 candidate seeks to run for precinct committeeperson, then the
24 candidate's petition for nomination must contain at least 10
25 signatures of the primary electors of his or her party for
26 the precinct. If a candidate seeks to run for ward
27 committeeperson, then the candidate's petition for nomination
28 must contain no less than the number of signatures equal to
29 10% of the primary electors of his or her party of the ward,
30 but no more than 16% of those same electors; provided that
31 the maximum number of signatures may be 50 more than the
32 minimum number, whichever is greater. If a candidate seeks to
33 run for township committeeperson, then the candidate's
34 petition for nomination must contain no less than the number
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1 of signatures equal to 5% of the primary electors of his or
2 her party of the township, but no more than 8% of those same
3 electors; provided that the maximum number of signatures may
4 be 50 more than the minimum number, whichever is greater.
5 (j) State's attorney or regional superintendent of
6 schools for multiple counties. If a candidate seeks to run
7 for State's attorney or regional Superintendent of Schools
8 who serves more than one county, then the candidate's
9 petition for nomination must contain at least the number of
10 signatures equal to 0.5% of the primary electors of his or
11 her party in the territory comprising the counties.
12 (k) Any other office. If a candidate seeks any other
13 office, then the candidate's petition for nomination must
14 contain at least the number of signatures equal to 0.5% of
15 the registered voters of the political subdivision, district,
16 or division for which the nomination is made or 25
17 signatures, whichever is greater.
18 For purposes of this Section the number of primary
19 electors shall be determined by taking the total vote cast,
20 in the applicable district, for the candidate for that
21 political party who received the highest number of votes,
22 statewide, at the last general election in the State at which
23 electors for President of the United States were elected. For
24 political subdivisions, the number of primary electors shall
25 be determined by taking the total vote cast for the candidate
26 for that political party who received the highest number of
27 votes in the political subdivision at the last regular
28 election at which an officer was regularly scheduled to be
29 elected from that subdivision. For wards or districts of
30 political subdivisions, the number of primary electors shall
31 be determined by taking the total vote cast for the candidate
32 for that political party who received the highest number of
33 votes in the ward or district at the last regular election at
34 which an officer was regularly scheduled to be elected from
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1 that ward or district.
2 A "qualified primary elector" of a party may not sign
3 petitions for or be a candidate in the primary of more than
4 one party.
5 The changes made to this Section of this amendatory Act
6 of the 93rd General Assembly are declarative of existing law,
7 except for the item (3) of subsection (d).
8 Petitions of candidates for nomination for offices herein
9 specified, to be filed with the same officer, may contain the
10 names of 2 or more candidates of the same political party for
11 the same or different offices.
12 Such petitions for nominations shall be signed:
13 (a) If for a State office, or for delegate or
14 alternate delegate to be elected from the State at large
15 to a National nominating convention by not less than
16 5,000 nor more than 10,000 primary electors of his party.
17 (b) If for a congressional officer or for delegate
18 or alternate delegate to be elected from a congressional
19 district to a national nominating convention by at least
20 .5% of the qualified primary electors of his party in his
21 congressional district, except that for the first primary
22 following a redistricting of congressional districts such
23 petitions shall be signed by at least 600 qualified
24 primary electors of the candidate's party in his
25 congressional district.
26 (c) If for a county office (including county board
27 member and chairman of the county board where elected
28 from the county at large), by at least .5% of the
29 qualified electors of his party cast at the last
30 preceding general election in his county. However, if
31 for the nomination for county commissioner of Cook
32 County, then by at least .5% of the qualified primary
33 electors of his or her party in his or her county in the
34 district or division in which such person is a candidate
-74- LRB093 07599 BDD 16742 a
1 for nomination; and if for county board member from a
2 county board district, then by at least .5% of the
3 qualified primary electors of his party in the county
4 board district. In the case of an election for county
5 board member to be elected from a district, for the first
6 primary following a redistricting of county board
7 districts or the initial establishment of county board
8 districts, then by at least .5% of the qualified electors
9 of his party in the entire county at the last preceding
10 general election, divided by the number of county board
11 districts, but in any event not less than 25 qualified
12 primary electors of his party in the district.
13 (d) If for a municipal or township office by at
14 least .5% of the qualified primary electors of his party
15 in the municipality or township; if for alderman, by at
16 least .5% of the voters of his party of his ward. In the
17 case of an election for alderman or trustee of a
18 municipality to be elected from a ward or district, for
19 the first primary following a redistricting or the
20 initial establishment of wards or districts, then by .5%
21 of the total number of votes cast for the candidate of
22 such political party who received the highest number of
23 votes in the entire municipality at the last regular
24 election at which an officer was regularly scheduled to
25 be elected from the entire municipality, divided by the
26 number of wards or districts, but in any event not less
27 than 25 qualified primary electors of his party in the
28 ward or district.
29 (e) If for State central committeeman, by at least
30 100 of the primary electors of his or her party of his or
31 her congressional district.
32 (f) If for a candidate for trustee of a sanitary
33 district in which trustees are not elected from wards, by
34 at least .5% of the primary electors of his party, from
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1 such sanitary district.
2 (g) If for a candidate for trustee of a sanitary
3 district in which the trustees are elected from wards, by
4 at least .5% of the primary electors of his party in his
5 ward of such sanitary district, except that for the first
6 primary following a reapportionment of the district such
7 petitions shall be signed by at least 150 qualified
8 primary electors of the candidate's ward of such sanitary
9 district.
10 (h) If for a candidate for judicial office in a
11 district, circuit, or subcircuit, by a number of primary
12 electors at least equal to 0.25% of the number of votes
13 cast for the judicial candidate of his or her political
14 party who received the highest number of votes at the
15 last regular general election at which a judicial officer
16 from the same district, circuit, or subcircuit was
17 regularly scheduled to be elected, but in no event fewer
18 than 500.
19 (i) If for a candidate for precinct committeeman,
20 by at least 10 primary electors of his or her party of
21 his or her precinct; if for a candidate for ward
22 committeeman, by not less than 10% nor more than 16% (or
23 50 more than the minimum, whichever is greater) of the
24 primary electors of his party of his ward; if for a
25 candidate for township committeeman, by not less than 5%
26 nor more than 8% (or 50 more than the minimum, whichever
27 is greater) of the primary electors of his party in his
28 township or part of a township as the case may be.
29 (j) If for a candidate for State's Attorney or
30 Regional Superintendent of Schools to serve 2 or more
31 counties, by at least .5% of the primary electors of his
32 party in the territory comprising such counties.
33 (k) If for any other office by at least .5% of the
34 total number of registered voters of the political
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1 subdivision, district or division for which the
2 nomination is made or a minimum of 25, whichever is
3 greater.
4 For the purposes of this Section the number of primary
5 electors shall be determined by taking the total vote cast,
6 in the applicable district, for the candidate for such
7 political party who received the highest number of votes,
8 state-wide, at the last general election in the State at
9 which electors for President of the United States were
10 elected. For political subdivisions, the number of primary
11 electors shall be determined by taking the total vote cast
12 for the candidate for such political party who received the
13 highest number of votes in such political subdivision at the
14 last regular election at which an officer was regularly
15 scheduled to be elected from that subdivision. For wards or
16 districts of political subdivisions, the number of primary
17 electors shall be determined by taking the total vote cast
18 for the candidate for such political party who received the
19 highest number of votes in such ward or district at the last
20 regular election at which an officer was regularly scheduled
21 to be elected from that ward or district.
22 A "qualified primary elector" of a party may not sign
23 petitions for or be a candidate in the primary of more than
24 one party.
25 (Source: P.A. 91-57, eff. 6-30-99; 91-357, eff. 7-29-99;
26 91-358, eff. 7-29-99; 92-16, eff. 6-28-01; 92-129, eff.
27 7-20-01.)
28 (10 ILCS 5/7-10.2) (from Ch. 46, par. 7-10.2)
29 Sec. 7-10.2. In the designation of the name of a
30 candidate on a petition for nomination or certificate of
31 nomination the candidate's given name or names, initial or
32 initials, a nickname by which the candidate is commonly
33 known, or a combination thereof, may be used in addition to
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1 the candidate's surname. No other designation such as a
2 political slogan, as defined by Section 7-17, title, or
3 degree, or nickname suggesting or implying possession of a
4 title, degree or professional status, or similar information
5 may be used in connection with the candidate's surname,
6 except that the title "Mrs." may be used in the case of a
7 married woman.
8 (Source: P.A. 81-135.)
9 (10 ILCS 5/7-17) (from Ch. 46, par. 7-17)
10 Sec. 7-17. Candidate ballot name procedures.
11 (a) Each election authority in each county shall cause
12 to be printed upon the general primary ballot of each party
13 for each precinct in his jurisdiction the name of each
14 candidate whose petition for nomination or for committeeman
15 has been filed in the office of the county clerk, as herein
16 provided; and also the name of each candidate whose name has
17 been certified to his office by the State Board of Elections,
18 and in the order so certified, except as hereinafter
19 provided.
20 It shall be the duty of the election authority to cause
21 to be printed upon the consolidated primary ballot of each
22 political party for each precinct in his jurisdiction the
23 name of each candidate whose name has been certified to him,
24 as herein provided and which is to be voted for in such
25 precinct.
26 (b) In the designation of the name of a candidate on the
27 primary ballot the candidate's given name or names, initial
28 or initials, a nickname by which the candidate is commonly
29 known, or a combination thereof, may be used in addition to
30 the candidate's surname. No other designation such as a
31 political slogan, title, or degree, or nickname suggesting or
32 implying possession of a title, degree or professional
33 status, or similar information may be used in connection with
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1 the candidate's surname, except that the title "Mrs." may be
2 used in the case of a married woman. For purposes of this
3 Section, a "political slogan" is defined as any word or words
4 expressing or connoting a position, opinion, or belief that
5 the candidate may espouse, including but not limited to, any
6 word or words conveying any meaning other than that of the
7 personal identity of the candidate. A candidate may not use a
8 political slogan as part of his or her name on the ballot,
9 notwithstanding that the political slogan may be part of the
10 candidate's name.
11 (c) The State Board of Elections, a local election
12 official, or an election authority shall remove any
13 candidate's name designation from a ballot that is
14 inconsistent with subsection (b) of this Section. In
15 addition, the State Board of Elections, a local election
16 official, or an election authority shall not certify to any
17 election authority any candidate name designation that is
18 inconsistent with subsection (b) of this Section.
19 (d) If the State Board of Elections, a local election
20 official, or an election authority removes a candidate's name
21 designation from a ballot under subsection (c) of this
22 Section, then the aggrieved candidate may seek appropriate
23 relief in circuit court.
24 (Source: P.A. 81-135.)
25 (10 ILCS 5/7-34) (from Ch. 46, par. 7-34)
26 Sec. 7-34. Pollwatchers in a primary election shall be
27 authorized in the following manner:
28 (1) Each established political party shall be entitled
29 to appoint one pollwatcher per precinct. Such pollwatchers
30 must be affiliated with the political party for which they
31 are pollwatching and must be a registered voter in Illinois.
32 For all primary elections, except as provided in subsection
33 (5), such pollwatchers must be registered to vote from a
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1 residence in the county in which they are pollwatching.
2 (2) Each candidate shall be entitled to appoint two
3 pollwatchers per precinct. For Federal, State, and county
4 primary elections, the poll watchers one pollwatcher must be
5 registered to vote in Illinois from a residence in the county
6 in which he is pollwatching. The second pollwatcher must be
7 registered to vote from a residence in the precinct or ward
8 in which he is pollwatching. For township and municipal
9 primary elections, one pollwatcher must be registered to vote
10 from a residence in the county in which he is pollwatching.
11 The second pollwatcher must be registered to vote from a
12 residence in the precinct or ward in which he is
13 pollwatching.
14 (3) Each organization of citizens within the county or
15 political subdivision, which has among its purposes or
16 interests the investigation or prosecution of election
17 frauds, and which shall have registered its name and address
18 and the names and addresses of its principal officers with
19 the proper election authority at least 40 days before the
20 primary election, shall be entitled to appoint one
21 pollwatcher per precinct. For all primary elections, the
22 except as provided in subsection (5), such pollwatcher must
23 be registered to vote in Illinois from a residence in the
24 county in which he is pollwatching.
25 (4) Each organized group of proponents or opponents of a
26 ballot proposition, which shall have registered the name and
27 address of its organization or committee and the name and
28 address of its chairman with the proper election authority at
29 least 40 days before the primary election, shall be entitled
30 to appoint one pollwatcher per precinct. The Except as
31 provided in subsection (5), such pollwatcher must be
32 registered to vote in Illinois from a residence in the county
33 in which the ballot proposition is being voted upon.
34 (5) In any primary election held to nominate candidates
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1 for the offices of a municipality of less than 3,000,000
2 population that is situated in 2 or more counties, a
3 pollwatcher who is a resident of a county in which any part
4 of the municipality is situated shall be eligible to serve as
5 a pollwatcher in any polling place located within such
6 municipality, provided that such pollwatcher otherwise
7 complies with the respective requirements of subsections (1)
8 through (4) of this Section and is a registered voter whose
9 residence is within Illinois the municipality.
10 All pollwatchers shall be required to have proper
11 credentials. Such credentials shall be printed in sufficient
12 quantities, shall be issued by and under the facsimile
13 signature(s) of the election authority and shall be available
14 for distribution at least 2 weeks prior to the election.
15 Such credentials shall be authorized by the real or facsimile
16 signature of the State or local party official or the
17 candidate or the presiding officer of the civic organization
18 or the chairman of the proponent or opponent group, as the
19 case may be.
20 Pollwatcher credentials shall be in substantially the
21 following form:
22 POLLWATCHER CREDENTIALS
23 TO THE JUDGES OF ELECTION:
24 In accordance with the provisions of the Election Code,
25 the undersigned hereby appoints ........... (name of
26 pollwatcher) at .......... (address) in the county of
27 ..........., .......... (township or municipality) of
28 ........... (name), State of Illinois and who is duly
29 registered to vote from this address, to act as a pollwatcher
30 in the ........... precinct of the .......... ward (if
31 applicable) of the ........... (township or municipality) of
32 ........... at the ........... election to be held on (insert
33 date).
34 ........................ (Signature of Appointing Authority)
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1 ........................ TITLE (party official, candidate,
2 civic organization president,
3 proponent or opponent group chairman)
4 Under penalties provided by law pursuant to Section 29-10
5 of the Election Code, the undersigned pollwatcher certifies
6 that he or she resides at .............. (address) in the
7 county of ........., ......... (township or municipality) of
8 .......... (name), State of Illinois, and is duly registered
9 to vote in Illinois from that address.
10 ........................... ..........................
11 (Precinct and/or Ward in (Signature of Pollwatcher)
12 Which Pollwatcher Resides)
13 Pollwatchers must present their credentials to the Judges
14 of Election upon entering the polling place. Pollwatcher
15 credentials properly executed and signed shall be proof of
16 the qualifications of the pollwatcher authorized thereby.
17 Such credentials are retained by the Judges and returned to
18 the Election Authority at the end of the day of election with
19 the other election materials. Once a pollwatcher has
20 surrendered a valid credential, he may leave and reenter the
21 polling place provided that such continuing action does not
22 disrupt the conduct of the election. Pollwatchers may be
23 substituted during the course of the day, but established
24 political parties, candidates, qualified civic organizations
25 and proponents and opponents of a ballot proposition can have
26 only as many pollwatchers at any given time as are authorized
27 in this Article. A substitute must present his signed
28 credential to the judges of election upon entering the
29 polling place. Election authorities must provide a
30 sufficient number of credentials to allow for substitution of
31 pollwatchers. After the polls have closed, pollwatchers shall
32 be allowed to remain until the canvass of votes is completed;
33 but may leave and reenter only in cases of necessity,
34 provided that such action is not so continuous as to disrupt
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1 the canvass of votes.
2 Candidates seeking office in a district or municipality
3 encompassing 2 or more counties shall be admitted to any and
4 all polling places throughout such district or municipality
5 without regard to the counties in which such candidates are
6 registered to vote. Actions of such candidates shall be
7 governed in each polling place by the same privileges and
8 limitations that apply to pollwatchers as provided in this
9 Section. Any such candidate who engages in an activity in a
10 polling place which could reasonably be construed by a
11 majority of the judges of election as campaign activity shall
12 be removed forthwith from such polling place.
13 Candidates seeking office in a district or municipality
14 encompassing 2 or more counties who desire to be admitted to
15 polling places on election day in such district or
16 municipality shall be required to have proper credentials.
17 Such credentials shall be printed in sufficient quantities,
18 shall be issued by and under the facsimile signature of the
19 election authority of the election jurisdiction where the
20 polling place in which the candidate seeks admittance is
21 located, and shall be available for distribution at least 2
22 weeks prior to the election. Such credentials shall be
23 signed by the candidate.
24 Candidate credentials shall be in substantially the
25 following form:
26 CANDIDATE CREDENTIALS
27 TO THE JUDGES OF ELECTION:
28 In accordance with the provisions of the Election Code, I
29 ...... (name of candidate) hereby certify that I am a
30 candidate for ....... (name of office) and seek admittance to
31 ....... precinct of the ....... ward (if applicable) of the
32 ....... (township or municipality) of ....... at the .......
33 election to be held on (insert date).
34 ......................... .......................
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1 (Signature of Candidate) OFFICE FOR WHICH
2 CANDIDATE SEEKS
3 NOMINATION OR
4 ELECTION
5 Pollwatchers shall be permitted to observe all
6 proceedings relating to the conduct of the election and to
7 station themselves in a position in the voting room as will
8 enable them to observe the judges making the signature
9 comparison between the voter application and the voter
10 registration record card; provided, however, that such
11 pollwatchers shall not be permitted to station themselves in
12 such close proximity to the judges of election so as to
13 interfere with the orderly conduct of the election and shall
14 not, in any event, be permitted to handle election materials.
15 Pollwatchers may challenge for cause the voting
16 qualifications of a person offering to vote and may call to
17 the attention of the judges of election any incorrect
18 procedure or apparent violations of this Code.
19 If a majority of the judges of election determine that
20 the polling place has become too overcrowded with
21 pollwatchers so as to interfere with the orderly conduct of
22 the election, the judges shall, by lot, limit such
23 pollwatchers to a reasonable number, except that each
24 candidate and each established or new political party shall
25 be permitted to have at least one pollwatcher present.
26 Representatives of an election authority, with regard to
27 an election under its jurisdiction, the State Board of
28 Elections, and law enforcement agencies, including but not
29 limited to a United States Attorney, a State's attorney, the
30 Attorney General, and a State, county, or local police
31 department, in the performance of their official election
32 duties, shall be permitted at all times to enter and remain
33 in the polling place. Upon entering the polling place, such
34 representatives shall display their official credentials or
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1 other identification to the judges of election.
2 Uniformed police officers assigned to polling place duty
3 shall follow all lawful instructions of the judges of
4 election.
5 The provisions of this Section shall also apply to
6 supervised casting of absentee ballots as provided in Section
7 19-12.2 of this Act.
8 (Source: P.A. 90-655, eff. 7-30-98; 91-357, eff. 7-29-99.)
9 (10 ILCS 5/7-41) (from Ch. 46, par. 7-41)
10 Sec. 7-41. (a) All officers upon whom is imposed by law
11 the duty of designating and providing polling places for
12 general elections, shall provide in each such polling place
13 so designated and provided, a sufficient number of booths for
14 such primary election, which booths shall be provided with
15 shelves, such supplies and pencils as will enable the voter
16 to prepare his ballot for voting and in which voters may
17 prepare their ballots screened from all observation as to the
18 manner in which they do so. Such booths shall be within plain
19 view of the election officers and both they and the ballot
20 boxes shall be within plain view of those within the
21 proximity of the voting booths. No person other than election
22 officers and the challengers allowed by law and those
23 admitted for the purpose of voting, as hereinafter provided,
24 shall be permitted within the proximity of the voting booths,
25 except by authority of the primary officers to keep order and
26 enforce the law.
27 (b) The number of such voting booths shall not be less
28 than one to every seventy-five voters or fraction thereof,
29 who voted at the last preceding election in the precinct or
30 election district.
31 (c) No person shall do any electioneering or soliciting
32 of votes on primary day within any polling place or within
33 one hundred feet of any polling place. Election officers
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1 shall place 2 or more cones, small United States national
2 flags, or some other marker a distance of 100 horizontal feet
3 from each entrance to the room used by voters to engage in
4 voting, which shall be known as the polling room. If the
5 polling room is located within a building that is a public or
6 private school or a church or other organization founded for
7 the purpose of religious worship and the distance of 100
8 horizontal feet ends within the interior of the building,
9 then the markers shall be placed outside of the building at
10 each entrance used by voters to enter that building on the
11 grounds adjacent to the thoroughfare or walkway. If the
12 polling room is located within a public or private building
13 with 2 or more floors and the polling room is located on the
14 ground floor, then the markers shall be placed 100 horizontal
15 feet from each entrance to the polling room used by voters to
16 engage in voting. If the polling room is located in a public
17 or private building with 2 or more floors and the polling
18 room is located on a floor above or below the ground floor,
19 then the markers shall be placed a distance of 100 feet from
20 the nearest elevator or staircase used by voters on the
21 ground floor to access the floor where the polling room is
22 located. The area within where the markers are placed shall
23 be known as a campaign free zone, and electioneering is
24 prohibited pursuant to this subsection.
25 The area on polling place property beyond the campaign
26 free zone, whether publicly or privately owned, is a public
27 forum for the time that the polls are open on an election
28 day. At the request of election officers any publicly owned
29 building must be made available for use as a polling place. A
30 person shall have the right to congregate and engage in
31 electioneering on any polling place property while the polls
32 are open beyond the campaign free zone, including but not
33 limited to, the placement of temporary signs. This subsection
34 shall be construed liberally in favor of persons engaging in
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1 electioneering on all polling place property beyond the
2 campaign free zone for the time that the polls are open on an
3 election day.
4 (d) The regulation of electioneering on polling place
5 property on an election day, including but not limited to the
6 placement of temporary signs, is an exclusive power and
7 function of the State. A home rule unit may not regulate
8 electioneering and any ordinance or local law contrary to
9 subsection (c) is declared void. This is a denial and
10 limitation of home rule powers and functions under subsection
11 (h) of Section 6 of Article VII of the Illinois Constitution.
12 (Source: P.A. 89-653, eff. 8-14-96.)
13 (10 ILCS 5/8-8.1) (from Ch. 46, par. 8-8.1)
14 Sec. 8-8.1. In the designation of the name of a
15 candidate on a petition for nomination, the candidate's given
16 name or names, initial or initials, a nickname by which the
17 candidate is commonly known, or a combination thereof, may be
18 used in addition to the candidate's surname. No other
19 designation such as a political slogan, title, or degree, or
20 nickname suggesting or implying possession of a title, degree
21 or professional status, or similar information may be used in
22 connection with the candidate's surname, except that the
23 title "Mrs." may be used in the case of a married woman.
24 (Source: P.A. 81-135.)
25 (10 ILCS 5/9-1.5) (from Ch. 46, par. 9-1.5)
26 Sec. 9-1.5. Expenditure defined.
27 "Expenditure" means-
28 (1) a payment, distribution, purchase, loan,
29 advance, deposit, or gift of money or anything of value,
30 in connection with the nomination for election, or
31 election, of any person to public office, in connection
32 with the election of any person as ward or township
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1 committeeman in counties of 3,000,000 or more population,
2 or in connection with any question of public policy.
3 "Expenditure" also includes a payment, distribution,
4 purchase, loan, advance, deposit, or gift of money or
5 anything of value that constitutes an electioneering
6 communication regardless of whether the communication is
7 made in concert or cooperation with or at the request,
8 suggestion, or knowledge of the candidate, the
9 candidate's authorized local political committee, a State
10 political committee, or any of their agents. However,
11 expenditure does not include -
12 (a) the use of real or personal property and the
13 cost of invitations, food, and beverages, voluntarily
14 provided by an individual in rendering voluntary personal
15 services on the individual's residential premises for
16 candidate-related activities; provided the value of the
17 service provided does not exceed an aggregate of $150 in
18 a reporting period;
19 (b) the sale of any food or beverage by a vendor
20 for use in a candidate's campaign at a charge less than
21 the normal comparable charge, if such charge for use in a
22 candidate's campaign is at least equal to the cost of
23 such food or beverage to the vendor.
24 (2) a transfer of funds between political committees.
25 (Source: P.A. 89-405, eff. 11-8-95.)
26 (10 ILCS 5/9-1.14 new)
27 Sec. 9-1.14. Electioneering communication defined.
28 (a) "Electioneering communication" means, for the
29 purposes of this Article, any form of communication, in
30 whatever medium, including but not limited to, newspaper,
31 radio, television, or Internet communications, that refers to
32 a clearly identified candidate, candidates, or political
33 party and is made within (i) 60 days before a general
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1 election for the office sought by the candidate or (ii) 30
2 days before a general primary election for the office sought
3 by the candidate.
4 (b) "Electioneering communication" does not include:
5 (1) A communication appearing in a news story,
6 commentary, or editorial distributed through the
7 facilities of any newspaper or radio or television
8 broadcasting station, unless the facilities are owned or
9 controlled by any political party, political committee,
10 or candidate.
11 (2) A communication made solely to promote a
12 candidate debate or forum that is made by or on behalf of
13 the person sponsoring the debate or forum.
14 (3) A communication made as part of a non-partisan
15 activity designed to encourage individuals to vote or to
16 register to vote.
17 (4) A communication by an organization operating
18 and remaining in good standing under Section 501(c)(3) of
19 the Internal Revenue Code of 1986.
20 (10 ILCS 5/9-10) (from Ch. 46, par. 9-10)
21 Sec. 9-10. Financial reports.
22 (a) The treasurer of every state political committee and
23 the treasurer of every local political committee shall file
24 with the Board, and the treasurer of every local political
25 committee shall file with the county clerk, reports of
26 campaign contributions, and semi-annual reports of campaign
27 contributions and expenditures on forms to be prescribed or
28 approved by the Board. The treasurer of every political
29 committee that acts as both a state political committee and a
30 local political committee shall file a copy of each report
31 with the State Board of Elections and the county clerk.
32 Entities subject to Section 9-7.5 shall file reports required
33 by that Section at times provided in this Section and are
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1 subject to the penalties provided in this Section.
2 (b) Reports of campaign contributions shall be filed no
3 later than the 15th day next preceding each election
4 including a primary election in connection with which the
5 political committee has accepted or is accepting
6 contributions or has made or is making expenditures. Such
7 reports shall be complete as of the 30th day next preceding
8 each election including a primary election. The Board shall
9 assess a civil penalty not to exceed $5,000 for a violation
10 of this subsection, except that for State officers and
11 candidates and political committees formed for statewide
12 office, the civil penalty may not exceed $10,000. The fine,
13 however, shall not exceed $500 for a first filing violation
14 for filing less than 10 days after the deadline. There shall
15 be no fine if the report is mailed and postmarked at least 72
16 hours prior to the filing deadline. For the purpose of this
17 subsection, "statewide office" and "State officer" means the
18 Governor, Lieutenant Governor, Attorney General, Secretary of
19 State, Comptroller, and Treasurer. However, a continuing
20 political committee that neither accepts contributions nor
21 makes expenditures on behalf of or in opposition to any
22 candidate or public question on the ballot at an election
23 shall not be required to file the reports heretofore
24 prescribed but may file in lieu thereof a Statement of
25 Nonparticipation in the Election with the Board or the Board
26 and the county clerk.
27 (b-5) Notwithstanding the provisions of subsection (b),
28 any contribution of $500 or more received in the interim
29 between the last date of the period covered by the last
30 report filed under subsection (b) prior to the election and
31 the date of the election shall be reported within 2 business
32 days after its receipt. The State Board shall allow filings
33 under this subsection (b-5) to be made by facsimile
34 transmission. For the purpose of this subsection, a
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1 contribution is considered received on the date the public
2 official, candidate, or political committee (or equivalent
3 person in the case of a reporting entity other than a
4 political committee) actually receives it or, in the case of
5 goods or services, 2 days after the date the public official,
6 candidate, committee, or other reporting entity receives the
7 certification required under subsection (b) of Section 9-6.
8 Failure to report each contribution is a separate violation
9 of this subsection. The Board shall impose fines for
10 violations of this subsection as follows:
11 (1) if the political committee's or other reporting
12 entity's total receipts, total expenditures, and balance
13 remaining at the end of the last reporting period were
14 each $5,000 or less, then $100 per business day for the
15 first violation, $200 per business day for the second
16 violation, and $300 per business day for the third and
17 subsequent violations.
18 (2) if the political committee's or other reporting
19 entity's total receipts, total expenditures, and balance
20 remaining at the end of the last reporting period were
21 each more than $5,000, then $200 per business day for the
22 first violation, $400 per business day for the second
23 violation, and $600 per business day for the third and
24 subsequent violations.
25 (c) In addition to such reports the treasurer of every
26 political committee shall file semi-annual reports of
27 campaign contributions and expenditures no later than July
28 31st, covering the period from January 1st through June 30th
29 immediately preceding, and no later than January 31st,
30 covering the period from July 1st through December 31st of
31 the preceding calendar year. Reports of contributions and
32 expenditures must be filed to cover the prescribed time
33 periods even though no contributions or expenditures may have
34 been received or made during the period. The Board shall
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1 assess a civil penalty not to exceed $5,000 for a violation
2 of this subsection, except that for State officers and
3 candidates and political committees formed for statewide
4 office, the civil penalty may not exceed $10,000. The fine,
5 however, shall not exceed $500 for a first filing violation
6 for filing less than 10 days after the deadline. There shall
7 be no fine if the report is mailed and postmarked at least 72
8 hours prior to the filing deadline. For the purpose of this
9 subsection, "statewide office" and "State officer" means the
10 Governor, Lieutenant Governor, Attorney General, Secretary of
11 State, Comptroller, and Treasurer.
12 (c-5) A political committee that acts as either (i) a
13 State and local political committee or (ii) a local political
14 committee and that files reports electronically under Section
15 9-28 is not required to file copies of the reports with the
16 appropriate county clerk if the county clerk has a system
17 that permits access to, and duplication of, reports that are
18 filed with the State Board of Elections. A State and local
19 political committee or a local political committee shall file
20 with the county clerk a copy of its statement of organization
21 pursuant to Section 9-3.
22 (d) A copy of each report or statement filed under this
23 Article shall be preserved by the person filing it for a
24 period of two years from the date of filing.
25 (Source: P.A. 90-737, eff. 1-1-99.)
26 (10 ILCS 5/9-21) (from Ch. 46, par. 9-21)
27 Sec. 9-21. Upon receipt of such complaint, the Board
28 shall hold a closed preliminary hearing to determine whether
29 or not the complaint appears to have been filed on
30 justifiable grounds. Such closed preliminary hearing shall be
31 conducted as soon as practicable after affording reasonable
32 notice, a copy of the complaint, and an opportunity to
33 testify at such hearing to both the person making the
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1 complaint and the person against whom the complaint is
2 directed. If the Board fails to determine determines that the
3 complaint has not been filed on justifiable grounds, it shall
4 dismiss the complaint without further hearing.
5 Whenever in the judgment of the Board, after affording
6 due notice and an opportunity for a public hearing, any
7 person has engaged or is about to engage in an act or
8 practice which constitutes or will constitute a violation of
9 any provision of this Article or any regulation or order
10 issued thereunder, the Board shall issue an order directing
11 such person to take such action as the Board determines may
12 be necessary in the public interest to correct the violation.
13 In addition, if the act or practice engaged in consists of
14 the failure to file any required report within the time
15 prescribed by this Article, the Board, as part of its order,
16 shall further provide that if, within the 12-month period
17 following the issuance of the order, such person fails to
18 file within the time prescribed by this Article any
19 subsequent report as may be required, such person may be
20 subject to a civil penalty pursuant to Section 9-23. The
21 Board shall render its final judgment within 60 days of the
22 date the complaint is filed; except that during the 60 days
23 preceding the date of the election in reference to which the
24 complaint is filed, the Board shall render its final judgment
25 within 7 days of the date the complaint is filed, and during
26 the 7 days preceding such election, the Board shall render
27 such judgment before the date of such election, if possible.
28 At any time prior to the issuance of the Board's final
29 judgment, the parties may dispose of the complaint by a
30 written stipulation, agreed settlement or consent order. Any
31 such stipulation, settlement or order shall, however, be
32 submitted in writing to the Board and shall become effective
33 only if approved by the Board. If the act or practice
34 complained of consists of the failure to file any required
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1 report within the time prescribed by this Article, such
2 stipulation, settlement or order may provide that if, within
3 the 12-month period following the approval of such
4 stipulation, agreement or order, the person complained of
5 fails to file within the time prescribed by this Article any
6 subsequent reports as may be required, such person may be
7 subject to a civil penalty pursuant to Section 9-23.
8 Any person filing a complaint pursuant to Section 9-20
9 may, upon written notice to the other parties and to the
10 Board, voluntarily withdraw the complaint at any time prior
11 to the issuance of the Board's final determination.
12 (Source: P.A. 90-495, eff. 1-1-98.)
13 (10 ILCS 5/10-5.1) (from Ch. 46, par. 10-5.1)
14 Sec. 10-5.1. In the designation of the name of a
15 candidate on a certificate of nomination or nomination papers
16 the candidate's given name or names, initial or initials, a
17 nickname by which the candidate is commonly known, or a
18 combination thereof, may be used in addition to the
19 candidate's surname. No other designation such as a political
20 slogan, title, or degree, or nickname suggesting or implying
21 possession of a title, degree or professional status, or
22 similar information may be used in connection with the
23 candidate's surname, except that the title "Mrs." may be used
24 in the case of a married woman.
25 (Source: P.A. 81-135.)
26 (10 ILCS 5/13-1.1) (from Ch. 46, par. 13-1.1)
27 Sec. 13-1.1. In addition to the list provided for in
28 Section 13-1 or 13-2, the chairman of the county central
29 committee of each of the two leading political parties shall
30 submit to the county board a supplemental list, arranged
31 according to precincts in which they are to serve, of persons
32 available as judges of election, the names and number of all
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1 persons listed thereon to be acknowledged in writing to the
2 county chairman submitting such list by the county board.
3 Vacancies among the judges of election shall be filled by
4 selection from this supplemental list of persons qualified
5 under Section 13-4. If the list provided for in Section 13-1
6 or 13-2 for any precinct is exhausted, then selection shall
7 be made from the supplemental list submitted by the chairman
8 of the county central committee of the party. If such
9 supplemental list is exhausted for any precinct, then
10 selection shall be made from any of the persons on the
11 supplemental list without regard to the precincts in which
12 they are listed to serve. No selection or appointment from
13 the supplemental list shall be made more than 21 days prior
14 to the date of precinct registration for those judges needed
15 as precinct registrars, and more than 45 28 days prior to the
16 date of an election for those additional persons needed as
17 election judges. In any case where selection cannot be made
18 from the supplemental list without violating Section 13-4,
19 selection shall be made from outside the supplemental list of
20 some person qualified under Section 13-4.
21 (Source: P.A. 78-888; 78-889; 78-1297.)
22 (10 ILCS 5/14-3.2) (from Ch. 46, par. 14-3.2)
23 Sec. 14-3.2. In addition to the list provided for in
24 Section 14-3.1, the chairman of the county central committee
25 of each of the 2 leading political parties shall furnish to
26 the board of election commissioners a supplemental list,
27 arranged according to precinct in which they are to serve, of
28 persons available as judges of election, the names and number
29 of all persons listed thereon to be acknowledged in writing
30 to the county chairman submitting such list by the board of
31 election commissioners. The board of election commissioners
32 shall select from this supplemental list persons qualified
33 under Section 14-1, to fill vacancies among the judges of
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1 election. If the list provided for in Section 14-3.1 for any
2 precinct is exhausted, then selection shall be made from the
3 supplemental list furnished by the chairman of the county
4 central committee of the party. If such supplemental list is
5 exhausted for any precinct, then selection shall be made from
6 any of the persons on the supplemental list without regard to
7 the precincts in which they are listed to serve. No selection
8 or appointment from the supplemental list shall be made more
9 than 21 days prior to the date of precinct registration for
10 those judges needed as precinct registrars, and more than 45
11 28 days prior to the date of an election for those additional
12 persons needed as election judges. In any case where
13 selection cannot be made from the supplemental list without
14 violating Section 14-1, selection shall be made from outside
15 the supplemental list of some person qualified under Section
16 14-1.
17 (Source: P.A. 78-888; 78-889; 78-1297.)
18 (10 ILCS 5/16-3) (from Ch. 46, par. 16-3)
19 Sec. 16-3. (a) The names of all candidates to be voted
20 for in each election district or precinct shall be printed on
21 one ballot, except as is provided in Sections 16-6.1 and
22 21-1.01 of this Act and except as otherwise provided in this
23 Act with respect to the odd year regular elections and the
24 emergency referenda; all nominations of any political party
25 being placed under the party appellation or title of such
26 party as designated in the certificates of nomination or
27 petitions. The names of all independent candidates shall be
28 printed upon the ballot in a column or columns under the
29 heading "independent" arranged under the names or titles of
30 the respective offices for which such independent candidates
31 shall have been nominated and so far as practicable, the name
32 or names of any independent candidate or candidates for any
33 office shall be printed upon the ballot opposite the name or
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1 names of any candidate or candidates for the same office
2 contained in any party column or columns upon said ballot.
3 The ballot shall contain no other names, except that in cases
4 of electors for President and Vice-President of the United
5 States, the names of the candidates for President and
6 Vice-President may be added to the party designation and
7 words calculated to aid the voter in his choice of candidates
8 may be added, such as "Vote for one," "Vote for three." When
9 an electronic voting system is used which utilizes a ballot
10 label booklet, the candidates and questions shall appear on
11 the pages of such booklet in the order provided by this Code;
12 and, in any case where candidates for an office appear on a
13 page which does not contain the name of any candidate for
14 another office, and where less than 50% of the page is
15 utilized, the name of no candidate shall be printed on the
16 lowest 25% of such page. On the back or outside of the
17 ballot, so as to appear when folded, shall be printed the
18 words "Official Ballot", followed by the designation of the
19 polling place for which the ballot is prepared, the date of
20 the election and a facsimile of the signature of the election
21 authority who has caused the ballots to be printed. The
22 ballots shall be of plain white paper, through which the
23 printing or writing cannot be read. However, ballots for use
24 at the nonpartisan and consolidated elections may be printed
25 on different color paper, except blue paper, whenever
26 necessary or desirable to facilitate distinguishing between
27 ballots for different political subdivisions. In the case of
28 nonpartisan elections for officers of a political
29 subdivision, unless the statute or an ordinance adopted
30 pursuant to Article VII of the Constitution providing the
31 form of government therefor requires otherwise, the column
32 listing such nonpartisan candidates shall be printed with no
33 appellation or circle at its head. The party appellation or
34 title, or the word "independent" at the head of any column
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1 provided for independent candidates, shall be printed in
2 letters not less than one-fourth of an inch in height and a
3 circle one-half inch in diameter shall be printed at the
4 beginning of the line in which such appellation or title is
5 printed, provided, however, that no such circle shall be
6 printed at the head of any column or columns provided for
7 such independent candidates. The names of candidates shall be
8 printed in letters not less than one-eighth nor more than
9 one-fourth of an inch in height, and at the beginning of each
10 line in which a name of a candidate is printed a square shall
11 be printed, the sides of which shall be not less than
12 one-fourth of an inch in length. However, the names of the
13 candidates for Governor and Lieutenant Governor on the same
14 ticket shall be printed within a bracket and a single square
15 shall be printed in front of the bracket. The list of
16 candidates of the several parties and any such list of
17 independent candidates shall be placed in separate columns on
18 the ballot in such order as the election authorities charged
19 with the printing of the ballots shall decide; provided, that
20 the names of the candidates of the several political parties,
21 certified by the State Board of Elections to the several
22 county clerks shall be printed by the county clerk of the
23 proper county on the official ballot in the order certified
24 by the State Board of Elections. Any county clerk refusing,
25 neglecting or failing to print on the official ballot the
26 names of candidates of the several political parties in the
27 order certified by the State Board of Elections, and any
28 county clerk who prints or causes to be printed upon the
29 official ballot the name of a candidate, for an office to be
30 filled by the Electors of the entire State, whose name has
31 not been duly certified to him upon a certificate signed by
32 the State Board of Elections shall be guilty of a Class C
33 misdemeanor.
34 (b) When an electronic voting system is used which
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1 utilizes a ballot card, on the inside flap of each ballot
2 card envelope there shall be printed a form for write-in
3 voting which shall be substantially as follows:
4 WRITE-IN VOTES
5 (See card of instructions for specific information.
6 Duplicate form below by hand for additional write-in votes.)
7 _____________________________
8 Title of Office
9 ( ) ____________________________
10 Name of Candidate
11 (c) When an electronic voting system is used which uses
12 a ballot sheet, the instructions to voters on the ballot
13 sheet shall refer the voter to the card of instructions for
14 specific information on write-in voting. Below each office
15 appearing on such ballot sheet there shall be a provision for
16 the casting of a write-in vote.
17 (d) When such electronic system is used, there shall be
18 printed on the back of each ballot card, each ballot card
19 envelope, and the first page of the ballot label when a
20 ballot label is used, the words "Official Ballot," followed
21 by the number of the precinct or other precinct
22 identification, which may be stamped, in lieu thereof and, as
23 applicable, the number and name of the township, ward or
24 other election district for which the ballot card, ballot
25 card envelope, and ballot label are prepared, the date of the
26 election and a facsimile of the signature of the election
27 authority who has caused the ballots to be printed. The back
28 of the ballot card shall also include a method of identifying
29 the ballot configuration such as a listing of the political
30 subdivisions and districts for which votes may be cast on
31 that ballot, or a number code identifying the ballot
32 configuration or color coded ballots, except that where there
33 is only one ballot configuration in a precinct, the precinct
34 identification, and any applicable ward identification, shall
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1 be sufficient. Ballot card envelopes used in punch card
2 systems shall be of paper through which no writing or punches
3 may be discerned and shall be of sufficient length to enclose
4 all voting positions. However, the election authority may
5 provide ballot card envelopes on which no precinct number or
6 township, ward or other election district designation, or
7 election date are preprinted, if space and a preprinted form
8 are provided below the space provided for the names of
9 write-in candidates where such information may be entered by
10 the judges of election. Whenever an election authority
11 utilizes ballot card envelopes on which the election date and
12 precinct is not preprinted, a judge of election shall mark
13 such information for the particular precinct and election on
14 the envelope in ink before tallying and counting any write-in
15 vote written thereon. If some method of insuring ballot
16 secrecy other than an envelope is used, such information must
17 be provided on the ballot itself.
18 (e) In the designation of the name of a candidate on the
19 ballot, the candidate's given name or names, initial or
20 initials, a nickname by which the candidate is commonly
21 known, or a combination thereof, may be used in addition to
22 the candidate's surname. No other designation such as a
23 political slogan, title, or degree or nickname suggesting or
24 implying possession of a title, degree or professional
25 status, or similar information may be used in connection with
26 the candidate's surname, except that the title "Mrs." may be
27 used in the case of a married woman. For purposes of this
28 Section, a "political slogan" is defined as any word or words
29 expressing or connoting a position, opinion, or belief that
30 the candidate may espouse, including but not limited to, any
31 word or words conveying any meaning other than that of the
32 personal identity of the candidate. A candidate may not use a
33 political slogan as part of his or her name on the ballot,
34 notwithstanding that the political slogan may be part of the
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1 candidate's name.
2 (f) The State Board of Elections, a local election
3 official, or an election authority shall remove any
4 candidate's name designation from a ballot that is
5 inconsistent with subsection (e) of this Section. In
6 addition, the State Board of Elections, a local election
7 official, or an election authority shall not certify to any
8 election authority any candidate name designation that is
9 inconsistent with subsection (e) of this Section.
10 (g) If the State Board of Elections, a local election
11 official, or an election authority removes a candidate's name
12 designation from a ballot under subsection (f) of this
13 Section, then the aggrieved candidate may seek appropriate
14 relief in circuit court.
15 Where voting machines or electronic voting systems are
16 used, the provisions of this Section may be modified as
17 required or authorized by Article 24 or Article 24A,
18 whichever is applicable.
19 Nothing in this Section shall prohibit election
20 authorities from using or reusing ballot card envelopes which
21 were printed before the effective date of this amendatory Act
22 of 1985.
23 (Source: P.A. 92-178, eff. 1-1-02.)
24 (10 ILCS 5/17-23) (from Ch. 46, par. 17-23)
25 Sec. 17-23. Pollwatchers in a general election shall be
26 authorized in the following manner:
27 (1) Each established political party shall be entitled
28 to appoint two pollwatchers per precinct. Such pollwatchers
29 must be affiliated with the political party for which they
30 are pollwatching. For all elections, the pollwatchers except
31 as provided in subsection (4), one pollwatcher must be
32 registered to vote in Illinois from a residence in the county
33 in which he is pollwatching. The second pollwatcher must be
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1 registered to vote from a residence in the precinct or ward
2 in which he is pollwatching.
3 (2) Each candidate shall be entitled to appoint two
4 pollwatchers per precinct. For all elections, the
5 pollwatchers one pollwatcher must be registered to vote in
6 Illinois from a residence in the county in which he is
7 pollwatching. The second pollwatcher must be registered to
8 vote from a residence in the precinct or ward in which he is
9 pollwatching.
10 (3) Each organization of citizens within the county or
11 political subdivision, which has among its purposes or
12 interests the investigation or prosecution of election
13 frauds, and which shall have registered its name and address
14 and the name and addresses of its principal officers with the
15 proper election authority at least 40 days before the
16 election, shall be entitled to appoint one pollwatcher per
17 precinct. For all elections, the such pollwatcher must be
18 registered to vote in Illinois from a residence in the county
19 in which he is pollwatching.
20 (4) In any general election held to elect candidates for
21 the offices of a municipality of less than 3,000,000
22 population that is situated in 2 or more counties, a
23 pollwatcher who is a resident of Illinois a county in which
24 any part of the municipality is situated shall be eligible to
25 serve as a pollwatcher in any poll located within such
26 municipality, provided that such pollwatcher otherwise
27 complies with the respective requirements of subsections (1)
28 through (3) of this Section and is a registered voter in
29 Illinois whose residence is within the municipality.
30 (5) Each organized group of proponents or opponents of a
31 ballot proposition, which shall have registered the name and
32 address of its organization or committee and the name and
33 address of its chairman with the proper election authority at
34 least 40 days before the election, shall be entitled to
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1 appoint one pollwatcher per precinct. The Such pollwatcher
2 must be registered to vote in Illinois from a residence in
3 the county in which the ballot proposition is being voted
4 upon.
5 All pollwatchers shall be required to have proper
6 credentials. Such credentials shall be printed in sufficient
7 quantities, shall be issued by and under the facsimile
8 signature(s) of the election authority and shall be available
9 for distribution at least 2 weeks prior to the election. Such
10 credentials shall be authorized by the real or facsimile
11 signature of the State or local party official or the
12 candidate or the presiding officer of the civic organization
13 or the chairman of the proponent or opponent group, as the
14 case may be.
15 Pollwatcher credentials shall be in substantially the
16 following form:
17 POLLWATCHER CREDENTIALS
18 TO THE JUDGES OF ELECTION:
19 In accordance with the provisions of the Election Code,
20 the undersigned hereby appoints .......... (name of
21 pollwatcher) who resides at ........... (address) in the
22 county of ..........., .......... (township or municipality)
23 of ........... (name), State of Illinois and who is duly
24 registered to vote from this address, to act as a
25 pollwatcher in the ........... precinct of the ...........
26 ward (if applicable) of the ........... (township or
27 municipality) of ........... at the ........... election to
28 be held on (insert date).
29 ........................ (Signature of Appointing Authority)
30 ......................... TITLE (party official, candidate,
31 civic organization president,
32 proponent or opponent group chairman)
33 Under penalties provided by law pursuant to Section 29-10
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1 of the Election Code, the undersigned pollwatcher certifies
2 that he or she resides at ................ (address) in the
3 county of ............, ......... (township or municipality)
4 of ........... (name), State of Illinois, and is duly
5 registered to vote in Illinois from that address.
6 .......................... .......................
7 (Precinct and/or Ward in (Signature of Pollwatcher)
8 Which Pollwatcher Resides)
9 Pollwatchers must present their credentials to the Judges
10 of Election upon entering the polling place. Pollwatcher
11 credentials properly executed and signed shall be proof of
12 the qualifications of the pollwatcher authorized thereby.
13 Such credentials are retained by the Judges and returned to
14 the Election Authority at the end of the day of election with
15 the other election materials. Once a pollwatcher has
16 surrendered a valid credential, he may leave and reenter the
17 polling place provided that such continuing action does not
18 disrupt the conduct of the election. Pollwatchers may be
19 substituted during the course of the day, but established
20 political parties, candidates and qualified civic
21 organizations can have only as many pollwatchers at any given
22 time as are authorized in this Article. A substitute must
23 present his signed credential to the judges of election upon
24 entering the polling place. Election authorities must
25 provide a sufficient number of credentials to allow for
26 substitution of pollwatchers. After the polls have closed
27 pollwatchers shall be allowed to remain until the canvass of
28 votes is completed; but may leave and reenter only in cases
29 of necessity, provided that such action is not so continuous
30 as to disrupt the canvass of votes.
31 Candidates seeking office in a district or municipality
32 encompassing 2 or more counties shall be admitted to any and
33 all polling places throughout such district or municipality
34 without regard to the counties in which such candidates are
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1 registered to vote. Actions of such candidates shall be
2 governed in each polling place by the same privileges and
3 limitations that apply to pollwatchers as provided in this
4 Section. Any such candidate who engages in an activity in a
5 polling place which could reasonably be construed by a
6 majority of the judges of election as campaign activity shall
7 be removed forthwith from such polling place.
8 Candidates seeking office in a district or municipality
9 encompassing 2 or more counties who desire to be admitted to
10 polling places on election day in such district or
11 municipality shall be required to have proper credentials.
12 Such credentials shall be printed in sufficient quantities,
13 shall be issued by and under the facsimile signature of the
14 election authority of the election jurisdiction where the
15 polling place in which the candidate seeks admittance is
16 located, and shall be available for distribution at least 2
17 weeks prior to the election. Such credentials shall be
18 signed by the candidate.
19 Candidate credentials shall be in substantially the
20 following form:
21 CANDIDATE CREDENTIALS
22 TO THE JUDGES OF ELECTION:
23 In accordance with the provisions of the Election Code, I
24 ...... (name of candidate) hereby certify that I am a
25 candidate for ....... (name of office) and seek admittance to
26 ....... precinct of the ....... ward (if applicable) of the
27 ....... (township or municipality) of ....... at the .......
28 election to be held on (insert date).
29 ......................... .......................
30 (Signature of Candidate) OFFICE FOR WHICH
31 CANDIDATE SEEKS
32 NOMINATION OR
33 ELECTION
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1 Pollwatchers shall be permitted to observe all
2 proceedings relating to the conduct of the election and to
3 station themselves in a position in the voting room as will
4 enable them to observe the judges making the signature
5 comparison between the voter application and the voter
6 registration record card; provided, however, that such
7 pollwatchers shall not be permitted to station themselves in
8 such close proximity to the judges of election so as to
9 interfere with the orderly conduct of the election and shall
10 not, in any event, be permitted to handle election materials.
11 Pollwatchers may challenge for cause the voting
12 qualifications of a person offering to vote and may call to
13 the attention of the judges of election any incorrect
14 procedure or apparent violations of this Code.
15 If a majority of the judges of election determine that
16 the polling place has become too overcrowded with
17 pollwatchers so as to interfere with the orderly conduct of
18 the election, the judges shall, by lot, limit such
19 pollwatchers to a reasonable number, except that each
20 established or new political party shall be permitted to have
21 at least one pollwatcher present.
22 Representatives of an election authority, with regard to
23 an election under its jurisdiction, the State Board of
24 Elections, and law enforcement agencies, including but not
25 limited to a United States Attorney, a State's attorney, the
26 Attorney General, and a State, county, or local police
27 department, in the performance of their official election
28 duties, shall be permitted at all times to enter and remain
29 in the polling place. Upon entering the polling place, such
30 representatives shall display their official credentials or
31 other identification to the judges of election.
32 Uniformed police officers assigned to polling place duty
33 shall follow all lawful instructions of the judges of
34 election.
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1 The provisions of this Section shall also apply to
2 supervised casting of absentee ballots as provided in Section
3 19-12.2 of this Act.
4 (Source: P.A. 90-655, eff. 7-30-98; 91-357, eff. 7-29-99.)
5 (10 ILCS 5/17-29) (from Ch. 46, par. 17-29)
6 Sec. 17-29. (a) No judge of election, pollwatcher, or
7 other person shall, at any primary or election, do any
8 electioneering or soliciting of votes or engage in any
9 political discussion within any polling place or within 100
10 feet of any polling place; no person shall interrupt, hinder
11 or oppose any voter while approaching within 100 feet of any
12 polling place for the purpose of voting. Judges of election
13 shall enforce the provisions of this Section.
14 (b) Election officers shall place 2 or more cones, small
15 United States national flags, or some other marker a distance
16 of 100 horizontal feet from each entrance to the room used by
17 voters to engage in voting, which shall be known as the
18 polling room. If the polling room is located within a
19 building that is a public or private school or a church or
20 other organization founded for the purpose of religious
21 worship and the distance of 100 horizontal feet ends within
22 the interior of the building, then the markers shall be
23 placed outside of the building at each entrance used by
24 voters to enter that building on the grounds adjacent to the
25 thoroughfare or walkway. If the polling room is located
26 within a public or private building with 2 or more floors and
27 the polling room is located on the ground floor, then the
28 markers shall be placed 100 horizontal feet from each
29 entrance to the polling room used by voters to engage in
30 voting. If the polling room is located in a public or private
31 building with 2 or more floors and the polling room is
32 located on a floor above or below the ground floor, then the
33 markers shall be placed a distance of 100 feet from the
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1 nearest elevator or staircase used by voters on the ground
2 floor to access the floor where the polling room is located.
3 The area within where the markers are placed shall be known
4 as a campaign free zone, and electioneering is prohibited
5 pursuant to this subsection.
6 The area on polling place property beyond the campaign
7 free zone, whether publicly or privately owned, is a public
8 forum for the time that the polls are open on an election
9 day. At the request of election officers any publicly owned
10 building must be made available for use as a polling place. A
11 person shall have the right to congregate and engage in
12 electioneering on any polling place property while the polls
13 are open beyond the campaign free zone, including but not
14 limited to, the placement of temporary signs. This subsection
15 shall be construed liberally in favor of persons engaging in
16 electioneering on all polling place property beyond the
17 campaign free zone for the time that the polls are open on an
18 election day.
19 (c) The regulation of electioneering on polling place
20 property on an election day, including but not limited to the
21 placement of temporary signs, is an exclusive power and
22 function of the State. A home rule unit may not regulate
23 electioneering and any ordinance or local law contrary to
24 subsection (c) is declared void. This is a denial and
25 limitation of home rule powers and functions under subsection
26 (h) of Section 6 of Article VII of the Illinois Constitution.
27 (Source: P.A. 80-1090.)
28 (10 ILCS 5/Art. 18A heading new)
29 ARTICLE 18A
30 PROVISIONAL VOTING
31 (10 ILCS 5/18A-2 new)
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1 Sec. 18A-2. Application of Article. In addition to and
2 notwithstanding any other law to the contrary, the procedures
3 in this Article shall govern provisional voting.
4 (10 ILCS 5/18A-5 new)
5 Sec. 18A-5. Provisional voting; general provisions.
6 (a) A person who claims to be a registered voter is
7 entitled to cast a provisional ballot under the following
8 circumstances:
9 (1) The person's name does not appear on the
10 official list of eligible voters, whether a list of
11 active or inactive voters, for the precinct in which the
12 person seeks to vote;
13 (2) The person's voting status has been challenged
14 by an election judge, a poll watcher, or any legal voter
15 and that challenge has been sustained by a majority of
16 the election judges; or
17 (3) A federal or State court order extends the time
18 for closing the polls beyond the time period established
19 by State law and the person votes during the extended
20 time period.
21 (b) The procedure for obtaining and casting a
22 provisional ballot at the polling place shall be as follows:
23 (1) An election judge at the polling place shall
24 notify a person who is entitled to cast a provisional
25 ballot pursuant to subsection (a) that he or she may cast
26 a provisional ballot in that election. An election judge
27 must accept any information provided by a person who
28 casts a provisional ballot that the person believes
29 supports his or her claim that he or she is a duly
30 registered voter and qualified to vote in the election.
31 (2) The person shall execute a written form
32 provided by the election judge that shall state or
33 contain all of the following:
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1 (i) an affidavit stating the following:
2 State of Illinois, County of ................,
3 Township ............., Precinct ........, Ward
4 ........, I, ......................., do solemnly
5 swear (or affirm) that: I am a citizen of the United
6 States; I am 18 years of age or older; I have
7 resided in this State and in this precinct for 30
8 days preceding this election; I have not voted in
9 this election; I am a duly registered voter in every
10 respect; and I am eligible to vote in this election.
11 Signature ...... Printed Name of Voter .......
12 Printed Residence Address of Voter ...... City
13 ...... State .... Zip Code ..... Telephone Number
14 ...... Date of Birth ....... Last 4 digits of Social
15 Security Number ..... or Driver's License Number
16 ...... or State Identification Card Number.
17 (ii) Written instruction stating the following:
18 In order to expedite the verification of your
19 voter registration status, the .... (insert name of
20 county clerk of board of election commissioners
21 here) requests that you include your phone number
22 and both the last four digits of your social
23 security number and your driver's license number or
24 State Identification Card Number or other unique
25 identifier number issued to you by the Secretary of
26 State or State Board of Elections. At minimum, you
27 are required to include either (A) the last 4 digits
28 of your social security number or (B) your driver's
29 license number, State Identification Card Number or
30 other unique identifier number issued to you by the
31 Secretary of State or State Board of Elections, but
32 not your phone number.
33 (iii) A box for the election judge to check one of
34 the 3 reasons why the person was given a provisional
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1 ballot under subsection (a) of Section 18A-5.
2 (iv) An area for the election judge to affix his or
3 her signature and to set forth any facts that support or
4 oppose the allegation that the person is not qualified to
5 vote in the precinct in which the person is seeking to
6 vote.
7 The written affidavit form described in this subsection
8 (b)(2) must be printed on a multi-part form prescribed by the
9 county clerk or board of election commissioners, as the case
10 may be.
11 (3) After the person executes the portion of the written
12 affidavit described in subsection (b)(2)(i) of this Section,
13 the election judge shall complete the portion of the written
14 affidavit described in subsection (b)(2)(iii) and (b)(2)(iv).
15 (4) The election judge shall give a copy of the
16 completed written affidavit to the person. The election judge
17 shall place the original written affidavit in a self-adhesive
18 clear plastic packing list envelope that must be attached to
19 a separate envelope marked as a "provisional ballot
20 envelope". The election judge shall also place any
21 information provided by the person who casts a provisional
22 ballot in the clear plastic packing list envelope. Each
23 county clerk or board of election commissioners, as the case
24 may be, must design, obtain or procure self-adhesive clear
25 plastic packing list envelopes and provisional ballot
26 envelopes that are suitable for implementing this subsection
27 (b)(4) of this Section.
28 (5) The election judge shall provide the person with a
29 provisional ballot, written instructions for casting a
30 provisional ballot, and the provisional ballot envelope with
31 the clear plastic packing list envelope affixed to it, which
32 contains the person's original written affidavit and, if any,
33 information provided by the provisional voter to support his
34 or her claim that he or she is a duly registered voter. An
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1 election judge must also give the person written information
2 that states that any person who casts a provisional ballot
3 shall be able to ascertain, pursuant to guidelines
4 established by the State Board of Elections, whether the
5 provisional vote was counted in the official canvass of votes
6 for that election and, if the provisional vote was not
7 counted, the reason that the vote was not counted.
8 (6) After the person has completed marking his or her
9 provisional ballot, he or she shall place the marked ballot
10 inside of the provisional ballot envelope, close and seal the
11 envelope, and return the envelope to an election judge, who
12 shall then deposit the sealed provisional ballot envelope
13 into a securable container separately identified and utilized
14 for containing sealed provisional ballot envelopes. The
15 securable container shall be sealed with filament tape
16 provided for that purpose, which shall be wrapped around the
17 box lengthwise and crosswise, at least twice each way, and
18 each of the election judges shall sign the seal.
19 (c) Instead of the affidavit form described in
20 subsection (b), the county clerk or board of election
21 commissioners, as the case may be, may design and use a
22 multi-part affidavit form that is imprinted upon or attached
23 to the provisional ballot envelope described subsection (b).
24 If a county clerk or board of election commissioners elects
25 to design and use its own multi-part affidavit form, then the
26 county clerk or board of election commissioners shall
27 establish a mechanism for accepting any information the
28 provisional voter has supplied to the election judge to
29 support his or her claim that he or she is a duly registered
30 voter. In all other respects, a county clerk or board of
31 election commissioners shall establish procedures consistent
32 with subsection (b).
33 (d) The county clerk or board of election commissioners,
34 as the case may be, shall use the completed affidavit form
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1 described in subsection (b) to update the person's voter
2 registration information in the State voter registration
3 database and voter registration database of the county clerk
4 or board of election commissioners, as the case may be. If a
5 person is later determined not to be a registered voter based
6 on Section 18A-15 of this Code, then the affidavit shall be
7 processed by the county clerk or board of election
8 commissioners, as the case may be, as a voter registration
9 application.
10 (10 ILCS 5/18A-10 new)
11 Sec. 18A-10. Sealing and transporting provisional
12 ballots.
13 (a) Upon the closing of the polls, 2 election judges not
14 of the same political party shall return to the county clerk
15 or board of election commissioners the unopened sealed
16 securable container containing the provisional ballots to a
17 location specified by the county clerk or board of election
18 commissioners in the most direct manner of transport. The
19 county clerk or board of election commissioners shall keep
20 the securable container secure until such time as the
21 provisional ballots are counted in accordance with Section
22 18A-15.
23 (b) Upon receipt of materials returned from the polling
24 places, the county clerk or board of election commissioners
25 shall update the State voter registration list and the voter
26 registration database of the county clerk or board of
27 election commissioners, as the case may be, by using the
28 affidavit forms of provisional voters.
29 (10 ILCS 5/18A-15 new)
30 Sec. 18A-15. Validating and counting provisional
31 ballots.
32 (a) The county clerk or board of election commissioners
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1 shall complete the validation and counting of provisional
2 ballots within 14 calendar days of the day of the election.
3 The county clerk or board of election commissioners shall
4 have 7 calendar days from the completion of the validation
5 and counting of provisional ballots to conduct its final
6 canvass. The State Board of Election shall complete within 31
7 calendar days of the election or sooner if all the returns
8 are received, its final canvass of the vote for all public
9 offices.
10 (b) If a county clerk or board of election commissioners
11 determines that all of the following apply, then a
12 provisional ballot is valid and shall be counted as a vote:
13 (1) The provisional voter cast the provisional
14 ballot in the correct precinct based on the address
15 provided by the provisional voter;
16 (2) The affidavit executed by the provisional voter
17 pursuant to subsection (b)(2) of Section 18A-10 is
18 properly executed; and
19 (3) the provisional voter is a registered voter
20 based on information available to the county clerk or
21 board of election commissioners provided by or obtained
22 from any of the following:
23 i. the provisional voter;
24 ii. an election judge;
25 iii. the State-wide voter registration
26 database maintained by the State Board of Elections;
27 iv. the records of the county clerk or board
28 of election commissioners' database; or
29 v. the records of the Secretary of State.
30 (c) With respect to subsection (b)(3) of this Section,
31 the county clerk or board of election commissioners shall
32 investigate whether each of the 5 types of information is
33 available and record whether this information is or is not
34 available. If one or more types of information is available,
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1 then the county clerk or board of election commissioners
2 shall obtain all relevant information from all sources
3 identified in subsection (b)(3). The county clerk or board of
4 election commissioners shall use any information it obtains
5 as the basis for determining the voter registration status of
6 the provisional voter. If a conflict exists among the
7 information available to the county clerk or board of
8 election commissioners as to the registration status of the
9 provisional voter, then the county clerk or board of election
10 commissioners shall make a determination based on the
11 totality of the circumstances. In a case where the above
12 information equally supports or opposes the registration
13 status of the voter, the county clerk or board of election
14 commissioners shall decide in favor of the provisional voter
15 as being duly registered to vote. If the Statewide voter
16 registration database maintained by the State Board of
17 Elections indicates that the provisional voter is registered
18 to vote, but the county clerk's or board of election
19 commissioners' voter registration database indicates that the
20 provisional voter is not registered to vote, then the
21 information found in the statewide voter registration
22 database shall control the matter and the provisional voter
23 shall be deemed to be registered to vote. If the records of
24 the county clerk or board of election commissioners indicates
25 that the provisional voter is registered to vote, but the
26 State-wide voter registration database maintained by the
27 State Board of Elections indicates that the provisional voter
28 is not registered to vote, then the information found in the
29 records of the county clerk or board of election
30 commissioners shall control the matter and the provisional
31 voter shall be deemed to be registered to vote. If the
32 provisional voter's signature on his or her provisional
33 ballot request varies from the signature on an otherwise
34 valid registration application solely because of the
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1 substitution of initials for the first or middle name, the
2 election authority may not reject the provisional ballot.
3 (d) In validating the registration status of a person
4 casting a provisional ballot, the county clerk or board of
5 election commissioners shall not require a provisional voter
6 to complete any form other than the affidavit executed by the
7 provisional voter under subsection (b)(2) of Section 18A-5.
8 In addition, the county clerk or board of election
9 commissioners shall not require all provisional voters or any
10 particular class or group of provisional voters to appear
11 personally before the county clerk or board of election
12 commissioners or as a matter of policy require provisional
13 voters to submit additional information to verify or
14 otherwise support the information already submitted by the
15 provisional voter. The provisional voter may, within 2
16 calendar days after the election, submit additional
17 information to the county clerk or board of election
18 commissioners. This information must be received by the
19 county clerk or board of election commissioners within the
20 2-calendar-day period.
21 (e) If the county clerk or board of election
22 commissioners determines that subsection (b)(1), (b)(2), or
23 (b)(3) does not apply, then the provisional ballot is not
24 valid and may not be counted. The provisional ballot envelope
25 containing the ballot cast by the provisional voter may not
26 be opened. The county clerk or board of election
27 commissioners shall write on the provisional ballot envelope
28 the following: "Provisional ballot determined invalid.".
29 (f) If the county clerk or board of election
30 commissioners determines that a provisional ballot is valid
31 under this Section, then the provisional ballot envelope
32 shall be opened. The outside of each provisional ballot
33 envelope shall also be marked to identify the precinct and
34 the date of the election.
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1 (g) The provisional ballots determined to be valid shall
2 be added to the vote totals for the precincts from which they
3 were cast in the order in which the ballots were opened. The
4 county clerk or board of election commissioners may, in the
5 alternative, create a separate provisional-voter precinct for
6 the purpose of counting and recording provisional ballots and
7 adding the recorded votes to its official canvass. The
8 validation and counting of provisional ballots shall be
9 subject to the provisions of this Code that apply to
10 pollwatchers. If the provisional ballots are a ballot of a
11 punch card voting system, then the provisional ballot shall
12 be counted in a manner consistent with Article 24A. If the
13 provisional ballots are a ballot of optical scan or other
14 type of approved electronic voting system, then the
15 provisional ballots shall be counted in a manner consistent
16 with Article 24B.
17 (h) As soon as the ballots have been counted, the
18 election judges or election officials shall, in the presence
19 of the county clerk or board of election commissioners, place
20 each of the following items in a separate envelope or bag:
21 (1) all provisional ballots, voted or spoiled; (2) all
22 provisional ballot envelopes of provisional ballots voted or
23 spoiled; and (3) all executed affidavits of the provisional
24 ballots voted or spoiled. All provisional ballot envelopes
25 for provisional voters who have been determined not to be
26 registered to vote shall remain sealed. The county clerk or
27 board of election commissioners shall treat the provisional
28 ballot envelope containing the written affidavit as a voter
29 registration application for that person for the next
30 election and process that application. The election judges or
31 election officials shall then securely seal each envelope or
32 bag, initial the envelope or bag, and plainly mark on the
33 outside of the envelope or bag in ink the precinct in which
34 the provisional ballots were cast. The election judges or
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1 election officials shall then place each sealed envelope or
2 bag into a box, secure and seal it in the same manner as
3 described in item (6) of subsection (b) of Section 18A-5.
4 Each election judge or election official shall take and
5 subscribe an oath before the county clerk or board of
6 election commissioners that the election judge or election
7 official securely kept the ballots and papers in the box, did
8 not permit any person to open the box or otherwise touch or
9 tamper with the ballots and papers in the box, and has no
10 knowledge of any other person opening the box. For purposes
11 of this Section, the term "election official" means the
12 county clerk, a member of the board of election
13 commissioners, as the case may be, and their respective
14 employees.
15 (10 ILCS 5/18A-20 new)
16 Sec. 18A-20. Provisional voting verification system. In
17 conjunction with each county clerk or board of election
18 commissioners, the State Board of Elections shall establish a
19 uniform free access information system by which a person
20 casting a provisional ballot may ascertain whether the
21 provisional vote was counted in the official canvass of votes
22 for that election and, if the vote was not counted, the
23 reason that the vote was not counted. Nothing in this Section
24 shall prohibit a county clerk or a board of election
25 commissioner from establishing a uniform free access
26 information system described in this Section so long as that
27 system is consistent with the federal Help America Vote Act.
28 (10 ILCS 5/19-2.1) (from Ch. 46, par. 19-2.1)
29 Sec. 19-2.1. At the consolidated primary, general
30 primary, consolidated, and general elections, electors
31 entitled to vote by absentee ballot under the provisions of
32 Section 19-1 may vote in person at the office of the
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1 municipal clerk, if the elector is a resident of a
2 municipality not having a board of election commissioners, or
3 at the office of the township clerk or, in counties not under
4 township organization, at the office of the road district
5 clerk if the elector is not a resident of a municipality;
6 provided, in each case that the municipal, township or road
7 district clerk, as the case may be, is authorized to conduct
8 in-person absentee voting pursuant to this Section. Absentee
9 voting in such municipal and township clerk's offices under
10 this Section shall be conducted from the 22nd day through the
11 day before the election.
12 Municipal and township clerks (or road district clerks)
13 who have regularly scheduled working hours at regularly
14 designated offices other than a place of residence and whose
15 offices are open for business during the same hours as the
16 office of the election authority shall conduct in-person
17 absentee voting for said elections. Municipal and township
18 clerks (or road district clerks) who have no regularly
19 scheduled working hours but who have regularly designated
20 offices other than a place of residence shall conduct
21 in-person absentee voting for said elections during the hours
22 of 8:30 a.m. to 4:30 p.m. or 9:00 a.m. to 5:00 p.m.,
23 weekdays, and 9:00 a.m. to 12:00 noon on Saturdays, but not
24 during such hours as the office of the election authority is
25 closed, unless the clerk files a written waiver with the
26 election authority not later than July 1 of each year stating
27 that he or she is unable to conduct such voting and the
28 reasons therefor. Such clerks who conduct in-person absentee
29 voting may extend their hours for that purpose to include any
30 hours in which the election authority's office is open.
31 Municipal and township clerks (or road district clerks) who
32 have no regularly scheduled office hours and no regularly
33 designated offices other than a place of residence may not
34 conduct in-person absentee voting for said elections. The
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1 election authority may devise alternative methods for
2 in-person absentee voting before said elections for those
3 precincts located within the territorial area of a
4 municipality or township (or road district) wherein the clerk
5 of such municipality or township (or road district) has
6 waived or is not entitled to conduct such voting. In
7 addition, electors may vote by absentee ballot under the
8 provisions of Section 19-1 at the office of the election
9 authority having jurisdiction over their residence.
10 In conducting absentee voting under this Section, the
11 respective clerks shall not be required to verify the
12 signature of the absentee voter by comparison with the
13 signature on the official registration record card. However,
14 the clerk shall reasonably ascertain the identity of such
15 applicant, shall verify that each such applicant is a
16 registered voter, and shall verify the precinct in which he
17 or she is registered and the proper ballots of the political
18 subdivisions in which the applicant resides and is entitled
19 to vote, prior to providing any absentee ballot to such
20 applicant. The clerk shall verify the applicant's
21 registration and from the most recent poll list provided by
22 the county clerk, and if the applicant is not listed on that
23 poll list then by telephoning the office of the county clerk.
24 Absentee voting procedures in the office of the
25 municipal, township and road district clerks shall be subject
26 to all of the applicable provisions of this Article 19.
27 Pollwatchers may be appointed to observe in-person absentee
28 voting procedures at the office of the municipal, township or
29 road district clerks' offices where such absentee voting is
30 conducted. Such pollwatchers shall qualify and be appointed
31 in the same manner as provided in Sections 7-34 and 17-23,
32 except each candidate, political party or organization of
33 citizens may appoint only one pollwatcher for each location
34 where in-person absentee voting is conducted. Pollwatchers
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1 must shall be registered to vote in Illinois residents of the
2 county and possess valid pollwatcher credentials. All
3 requirements in this Article applicable to election
4 authorities shall apply to the respective local clerks,
5 except where inconsistent with this Section.
6 The sealed absentee ballots in their carrier envelope
7 shall be delivered by the respective clerks, or by the
8 election authority on behalf of a clerk if the clerk and the
9 election authority agree, to the proper polling place before
10 the close of the polls on the day of the general primary,
11 consolidated primary, consolidated, or general election.
12 Not more than 23 days before the nonpartisan, general and
13 consolidated elections, the county clerk shall make available
14 to those municipal, township and road district clerks
15 conducting in-person absentee voting within such county, a
16 sufficient number of applications, absentee ballots,
17 envelopes, and printed voting instruction slips for use by
18 absentee voters in the offices of such clerks. The respective
19 clerks shall receipt for all ballots received, shall return
20 all unused or spoiled ballots to the county clerk on the day
21 of the election and shall strictly account for all ballots
22 received.
23 The ballots delivered to the respective clerks shall
24 include absentee ballots for each precinct in the
25 municipality, township or road district, or shall include
26 such separate ballots for each political subdivision
27 conducting an election of officers or a referendum on that
28 election day as will permit any resident of the municipality,
29 township or road district to vote absentee in the office of
30 the proper clerk.
31 The clerks of all municipalities, townships and road
32 districts may distribute applications for absentee ballot for
33 the use of voters who wish to mail such applications to the
34 appropriate election authority. Such applications for
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1 absentee ballots shall be made on forms provided by the
2 election authority. Duplication of such forms by the
3 municipal, township or road district clerk is prohibited.
4 (Source: P.A. 91-210, eff. 1-1-00.)
5 (10 ILCS 5/19-2.2) (from Ch. 46, par. 19-2.2)
6 Sec. 19-2.2. (a) During the period beginning on the 40th
7 day preceding an election and continuing through the day
8 preceding such election, no advertising pertaining to any
9 candidate or proposition to be voted upon shall be displayed
10 in or within 100 feet of any room used by voters pursuant to
11 this Article; nor shall any person engage in electioneering
12 in or within 100 feet of any such room. Any person who
13 violates this Section may be punished as for contempt of
14 court.
15 (b) Election officers shall place 2 or more cones, small
16 United States national flags, or some other marker a distance
17 of 100 horizontal feet from each entrance to the room used by
18 voters to engage in voting, which shall be known as the
19 polling room. If the polling room is located within a
20 building that is a public or private school or a church or
21 other organization founded for the purpose of religious
22 worship and the distance of 100 horizontal feet ends within
23 the interior of the building, then the markers shall be
24 placed outside of the building at each entrance used by
25 voters to enter that building on the grounds adjacent to the
26 thoroughfare or walkway. If the polling room is located
27 within a public or private building with 2 or more floors and
28 the polling room is located on the ground floor, then the
29 markers shall be placed 100 horizontal feet from each
30 entrance to the polling room used by voters to engage in
31 voting. If the polling room is located in a public or private
32 building with 2 or more floors and the polling room is
33 located on a floor above or below the ground floor, then the
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1 markers shall be placed a distance of 100 feet from the
2 nearest elevator or staircase used by voters on the ground
3 floor to access the floor where the polling room is located.
4 The area within where the markers are placed shall be known
5 as a campaign free zone, and electioneering is prohibited
6 pursuant to this subsection.
7 The area on polling place property beyond the campaign
8 free zone, whether publicly or privately owned, is a public
9 forum for the time that the polls are open on an election
10 day. At the request of election officers any publicly owned
11 building must be made available for use as a polling place. A
12 person shall have the right to congregate and engage in
13 electioneering on any polling place property while the polls
14 are open beyond the campaign free zone, including but not
15 limited to, the placement of temporary signs. This subsection
16 shall be construed liberally in favor of persons engaging in
17 electioneering on all polling place property beyond the
18 campaign free zone for the time that the polls are open on an
19 election day.
20 (c) The regulation of electioneering on polling place
21 property on an election day, including but not limited to the
22 placement of temporary signs, is an exclusive power and
23 function of the State. A home rule unit may not regulate
24 electioneering and any ordinance or local law contrary to
25 subsection (b) is declared void. This is a denial and
26 limitation of home rule powers and functions under subsection
27 (h) of Section 6 of Article VII of the Illinois Constitution.
28 (Source: P.A. 80-1281; 80-1469; 80-1494.)
29 (10 ILCS 5/19-4) (from Ch. 46, par. 19-4)
30 Sec. 19-4. Mailing or delivery of ballots - Time.)
31 Immediately upon the receipt of such application either by
32 mail, not more than 40 days nor less than 5 days prior to
33 such election, or by personal delivery not more than 40 days
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1 nor less than one day prior to such election, at the office
2 of such election authority, it shall be the duty of such
3 election authority to examine the records to ascertain
4 whether or not such applicant is lawfully entitled to vote as
5 requested, and if found so to be, to post within one business
6 day thereafter the name, street address, ward and precinct
7 number or township and district number, as the case may be,
8 of such applicant given on a list, the pages of which are to
9 be numbered consecutively to be kept by such election
10 authority for such purpose in a conspicuous, open and public
11 place accessible to the public at the entrance of the office
12 of such election authority, and in such a manner that such
13 list may be viewed without necessity of requesting permission
14 therefor, and within 2 business days thereafter to mail,
15 postage prepaid, or deliver in person in such office an
16 official ballot or ballots if more than one are to be voted
17 at said election. Each election authority that has a website
18 or establishes a website after the effective date of this
19 amendatory Act of the 93rd General Assembly shall post on its
20 website the list described above within one business day.
21 Each election authority that does not have a website on or
22 after the effective date of this amendatory Act of the 93rd
23 General Assembly shall make available to members of the
24 public on a daily basis a copy of the above list in
25 electronic format. Mail delivery of Temporarily Absent
26 Student ballot applications pursuant to Section 19-12.3 shall
27 be by nonforwardable mail. However, for the consolidated
28 election, absentee ballots for certain precincts may be
29 delivered to applicants not less than 25 days before the
30 election if so much time is required to have prepared and
31 printed the ballots containing the names of persons nominated
32 for offices at the consolidated primary. The election
33 authority shall enclose with each absentee ballot or
34 application written instructions on how voting assistance
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1 shall be provided pursuant to Section 17-14 and a document,
2 written and approved by the State Board of Elections,
3 enumerating the circumstances under which a person is
4 authorized to vote by absentee ballot pursuant to this
5 Article; such document shall also include a statement
6 informing the applicant that if he or she falsifies or is
7 solicited by another to falsify his or her eligibility to
8 cast an absentee ballot, such applicant or other is subject
9 to penalties pursuant to Section 29-10 and Section 29-20 of
10 the Election Code. Each election authority shall maintain a
11 list of the name, street address, ward and precinct, or
12 township and district number, as the case may be, of all
13 applicants who have returned absentee ballots to such
14 authority, and the name of such absent voter shall be added
15 to such list within one business day from receipt of such
16 ballot. If the absentee ballot envelope indicates that the
17 voter was assisted in casting the ballot, the name of the
18 person so assisting shall be included on the list. The list,
19 the pages of which are to be numbered consecutively, shall be
20 kept by each election authority in a conspicuous, open, and
21 public place accessible to the public at the entrance of the
22 office of the election authority and in a manner that the
23 list may be viewed without necessity of requesting permission
24 for viewing.
25 Each election authority shall maintain a list for each
26 election of the voters to whom it has issued absentee
27 ballots. The list shall be maintained for each precinct
28 within the jurisdiction of the election authority. Prior to
29 the opening of the polls on election day, the election
30 authority shall deliver to the judges of election in each
31 precinct the list of registered voters in that precinct to
32 whom absentee ballots have been issued by mail.
33 Each election authority shall maintain a list for each
34 election of voters to whom it has issued temporarily absent
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1 student ballots. The list shall be maintained for each
2 election jurisdiction within which such voters temporarily
3 abide. Immediately after the close of the period during
4 which application may be made by mail for absentee ballots,
5 each election authority shall mail to each other election
6 authority within the State a certified list of all such
7 voters temporarily abiding within the jurisdiction of the
8 other election authority.
9 In the event that the return address of an application
10 for ballot by a physically incapacitated elector is that of a
11 facility licensed or certified under the Nursing Home Care
12 Act, within the jurisdiction of the election authority, and
13 the applicant is a registered voter in the precinct in which
14 such facility is located, the ballots shall be prepared and
15 transmitted to a responsible judge of election no later than
16 9 a.m. on the Saturday, Sunday or Monday immediately
17 preceding the election as designated by the election
18 authority under Section 19-12.2. Such judge shall deliver in
19 person on the designated day the ballot to the applicant on
20 the premises of the facility from which application was made.
21 The election authority shall by mail notify the applicant in
22 such facility that the ballot will be delivered by a judge of
23 election on the designated day.
24 All applications for absentee ballots shall be available
25 at the office of the election authority for public inspection
26 upon request from the time of receipt thereof by the election
27 authority until 30 days after the election, except during the
28 time such applications are kept in the office of the election
29 authority pursuant to Section 19-7, and except during the
30 time such applications are in the possession of the judges of
31 election.
32 (Source: P.A. 89-653, eff. 8-14-96; 90-101, eff. 7-11-97.)
33 (10 ILCS 5/19-10) (from Ch. 46, par. 19-10)
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1 Sec. 19-10. Pollwatchers may be appointed to observe
2 in-person absentee voting procedures at the office of the
3 election authority as well as at municipal, township or road
4 district clerks' offices where such absentee voting is
5 conducted. Such pollwatchers shall qualify and be appointed
6 in the same manner as provided in Sections 7-34 and 17-23,
7 except each candidate, political party or organization of
8 citizens may appoint only one pollwatcher for each location
9 where in-person absentee voting is conducted. Pollwatchers
10 must shall be registered to vote in Illinois residents of the
11 county and possess valid pollwatcher credentials.
12 In the polling place on election day, pollwatchers shall
13 be permitted to be present during the casting of the absent
14 voters' ballots and the vote of any absent voter may be
15 challenged for cause the same as if he were present and voted
16 in person, and the judges of the election or a majority
17 thereof shall have power and authority to hear and determine
18 the legality of such ballot; Provided, however, that if a
19 challenge to any absent voter's right to vote is sustained,
20 notice of the same must be given by the judges of election by
21 mail addressed to the voter's place of residence.
22 Where certain absent voters' ballots are counted on the
23 day of the election in the office of the election authority
24 as provided in Section 19-8 of this Act, each political
25 party, candidate and qualified civic organization shall be
26 entitled to have present one pollwatcher for each panel of
27 election judges therein assigned. Such pollwatchers shall be
28 subject to the same provisions as are provided for
29 pollwatchers in Sections 7-34 and 17-23 of this Code, and
30 shall be permitted to observe the election judges making the
31 signature comparison between that which is on the ballot
32 envelope and that which is on the permanent voter
33 registration record card taken from the master file.
34 (Source: P.A. 86-875.)
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1 (10 ILCS 5/22-5) (from Ch. 46, par. 22-5)
2 Sec. 22-5. Immediately after the completion of the
3 abstracts of votes, the county clerk shall make 2 correct
4 copies of the abstracts of votes for Governor, Lieutenant
5 Governor, Secretary of State, State Comptroller, Treasurer,
6 Attorney General, both of which said copies he shall envelope
7 and seal up, and endorse upon the envelopes in substance,
8 "Abstracts of votes for State Officers from .... County"; and
9 shall seal up a copy of each of the abstracts of votes for
10 other officers and amendments to the Constitution and other
11 propositions voted on, and endorse the same so as to show the
12 contents of the package, and address the same to the State
13 Board of Elections. The several packages shall then be placed
14 in one envelope and addressed to the State Board of
15 Elections. The county clerk shall send the sealed envelope
16 addressed to the State Board of Elections via overnight mail
17 so it arrives at the address the following calendar day.
18 (Source: P.A. 78-592; 78-918; 78-1297.)
19 (10 ILCS 5/22-9) (from Ch. 46, par. 22-9)
20 Sec. 22-9. It shall be the duty of such Board of
21 Canvassers to canvass, and add up and declare the result of
22 every election hereafter held within the boundaries of such
23 city, village or incorporated town, operating under Article 6
24 of this Act, and the judge of the circuit court shall
25 thereupon enter of record such abstract and result, and a
26 certified copy of such record shall thereupon be filed with
27 the County Clerk of the county; and such abstracts or results
28 shall be treated, by the County Clerk in all respects, as if
29 made by the Canvassing Board now provided by the foregoing
30 sections of this law, and he shall transmit the same to the
31 State Board of Elections, or other proper officer, as
32 required hereinabove. The county clerk or board of election
33 commissioners, as the case may be, shall send the abstract
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1 and result in a sealed envelope addressed to the State Board
2 of Elections via overnight mail so it arrives at the address
3 the following calendar day. And such abstracts or results so
4 entered and declared by such judge, and a certified copy
5 thereof, shall be treated everywhere within the state, and by
6 all public officers, with the same binding force and effect
7 as the abstract of votes now authorized by the foregoing
8 provisions of this Act.
9 (Source: P.A. 78-918.)
10 (10 ILCS 5/22-15) (from Ch. 46, par. 22-15)
11 Sec. 22-15. The county clerk or board of election
12 commissioners shall, upon request, and by mail if so
13 requested, furnish free of charge to any candidate for State
14 office, including State Senator and Representative in the
15 General Assembly, and any candidate for congressional office,
16 whose name appeared upon the ballot within the jurisdiction
17 of the county clerk or board of election commissioners, a
18 copy of the abstract of votes by precinct for all candidates
19 for the office for which such person was a candidate. Such
20 abstract shall be furnished no later than 2 days after the
21 receipt of the request or 8 days after the completing of the
22 canvass, whichever is later.
23 Within one calendar day 10 days following the canvass and
24 proclamation of each general primary election and general
25 election, each election authority shall transmit to the
26 principal office of the State Board of Elections copies of
27 the abstracts of votes by precinct for the above-named
28 offices and for the offices of ward, township, and precinct
29 committeeman via overnight mail so that the abstract of votes
30 arrives at the address the following calendar day. Each
31 election authority shall also transmit to the principal
32 office of the State Board of Elections copies of current
33 precinct poll lists.
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1 (Source: P.A. 83-880.)
2 (10 ILCS 5/23-15.1 new)
3 Sec. 23-15.1. Production of ballot counting code and
4 attendance of witnesses. All voting-system vendors shall,
5 within 90 days after the adoption of rules or upon
6 application for voting-system approval, place in escrow all
7 computer code for its voting system with State Board of
8 Elections. The State Board of Elections shall promulgate
9 rules to implement this Section. For purposes of this
10 Section, the term "computer code" includes, but is not
11 limited to, ballot counting source code, table structures,
12 modules, program narratives, and other human readable
13 computer instructions used to count ballots. Any computer
14 code submitted by vendors to the State Board of Elections
15 shall be considered strictly confidential and the
16 intellectual property of the vendors and shall not be subject
17 to public disclosure under the Freedom of Information Act.
18 The State Board of Elections shall determine which
19 software components of a voting system it deems necessary to
20 enable the review and verification of the computer. The State
21 Board of Elections shall secure and maintain all proprietary
22 computer codes in strict confidence and shall make a computer
23 code available to authorized persons in connection with an
24 election contest or pursuant to any State or federal court
25 order.
26 In an election contest, each party to the contest may
27 designate one or more persons who are authorized to receive
28 the computer code of the relevant voting systems. The person
29 or persons authorized to receive the relevant computer code
30 shall enter into a confidentiality agreement with the State
31 Board of Elections and must exercise the highest degree of
32 reasonable care to maintain the confidentiality of all
33 proprietary information.
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1 The State Board of Elections shall promulgate rules to
2 provide for the security, review, and verification of
3 computer codes. Verification includes, but is not limited to,
4 determining that the computer code corresponds to computer
5 instructions actually in use to count ballots. Nothing in
6 this Section shall impair the obligation of any contract
7 between a voting-systems vendor and an election authority
8 that provides access to computer code that is equal to or
9 greater than that provided by this Section.
10 (10 ILCS 5/24A-22 new)
11 Sec. 24A-22. Definition of a vote.
12 (a) Notwithstanding any law to the contrary, for the
13 purpose of this Article, a person casts a valid vote on a
14 punch card ballot when:
15 (1) A chad on the card has at least one corner
16 detached from the card;
17 (2) The fibers of paper on at least one edge of the
18 chad are broken in a way that permits unimpeded light to
19 be seen through the card; or
20 (3) An indentation on the chad from the stylus or
21 other object is present and indicates a clearly
22 ascertainable intent of the voter to vote based on the
23 totality of the circumstances, including but not limited
24 to any pattern or frequency of indentations on other
25 ballot positions from the same ballot card.
26 (b) Write-in votes shall be counted in a manner
27 consistent with the existing provisions of this Code.
28 (c) For purposes of this Section, a "chad" is that
29 portion of a ballot card that a voter punches or perforates
30 with a stylus or other designated marking device to manifest
31 his or her vote for a particular ballot position on a ballot
32 card as defined in subsection (a). Chads shall be removed
33 from ballot cards prior to their processing and tabulation in
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1 election jurisdictions that utilize a ballot card as a means
2 of recording votes at an election. Election jurisdictions
3 that utilize a mechanical means or device for chad removal as
4 a component of their tabulation shall use that means or
5 device for chad removal.
6 (10 ILCS 5/24B-2)
7 Sec. 24B-2. Definitions. As used in this Article:
8 "Computer", "automatic tabulating equipment" or
9 "equipment" includes apparatus necessary to automatically
10 examine and count votes as designated on ballots, and data
11 processing machines which can be used for counting ballots
12 and tabulating results.
13 "Ballot" means paper ballot sheets.
14 "Ballot configuration" means the particular combination
15 of political subdivision ballots including, for each
16 political subdivision, the particular combination of offices,
17 candidate names and questions as it appears for each group of
18 voters who may cast the same ballot.
19 "Ballot sheet" means a paper ballot printed on one or
20 both sides which is (1) designed and prepared so that the
21 voter may indicate his or her votes in designated areas,
22 which must be areas clearly printed or otherwise delineated
23 for such purpose, and (2) capable of having votes marked in
24 the designated areas automatically examined, counted, and
25 tabulated by an electronic scanning process.
26 "Central counting" means the counting of ballots in one
27 or more locations selected by the election authority for the
28 processing or counting, or both, of ballots. A location for
29 central counting shall be within the territorial jurisdiction
30 of the election authority unless there is no suitable
31 tabulating equipment available within his territorial
32 jurisdiction. However, in any event a counting location
33 shall be within this State.
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1 "Computer operator" means any person or persons
2 designated by the election authority to operate the automatic
3 tabulating equipment during any portion of the vote tallying
4 process in an election, but shall not include judges of
5 election operating vote tabulating equipment in the precinct.
6 "Computer program" or "program" means the set of
7 operating instructions for the automatic tabulating equipment
8 that examines, counts, tabulates, canvasses and prints votes
9 recorded by a voter on a ballot.
10 "Edit listing" means a computer generated listing of the
11 names of each candidate and proposition as they appear in the
12 program for each precinct.
13 "Header sheet" means a data processing document which is
14 coded to indicate to the computer the precinct identity of
15 the ballots that will follow immediately and may indicate to
16 the computer how such ballots are to be tabulated.
17 "In-precinct counting" means the counting of ballots on
18 automatic tabulating equipment provided by the election
19 authority in the same precinct polling place in which those
20 ballots have been cast.
21 "Marking device" means a pen, computer, or other device
22 or similar device approved by the State Board of Elections
23 for marking, or causing to be marked, a paper ballot with ink
24 or other substance which will enable the ballot to be
25 tabulated by automatic tabulating equipment or by an
26 electronic scanning process.
27 "Precinct Tabulation Optical Scan Technology" means the
28 capability to examine a ballot through electronic means and
29 tabulate the votes at one or more counting places.
30 "Redundant count" means a verification of the original
31 computer count by another count using compatible equipment or
32 by hand as part of a discovery recount.
33 "Security designation" means a printed designation placed
34 on a ballot to identify to the computer program the offices
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1 and propositions for which votes may be cast and to indicate
2 the manner in which votes cast should be tabulated while
3 negating any inadmissible votes.
4 "Separate ballot", with respect to ballot sheets, means a
5 separate portion of the ballot sheet which is clearly defined
6 by a border or borders or shading.
7 "Specimen ballot" means a representation of names of
8 offices and candidates and statements of measures to be voted
9 on which will appear on the official ballot or marking device
10 on election day. The specimen ballot also contains the party
11 and position number where applicable.
12 "Voting defect identification" means the capability to
13 detect overvoted ballots or ballots which cannot be read by
14 the automatic tabulating equipment.
15 "Voting defects" means an overvoted ballot, or a ballot
16 which cannot be read by the automatic tabulating equipment.
17 "Voting system" or "electronic voting system" means that
18 combination of equipment and programs used in the casting,
19 examination and tabulation of ballots and the cumulation and
20 reporting of results by electronic means.
21 (Source: P.A. 89-394, eff. 1-1-97.)
22 (10 ILCS 5/24B-6)
23 Sec. 24B-6. Ballot Information; Arrangement; Electronic
24 Precinct Tabulation Optical Scan Technology Voting System;
25 Absentee Ballots; Spoiled Ballots. The ballot information,
26 shall, as far as practicable, be in the order of arrangement
27 provided for paper ballots, except that the information may
28 be in vertical or horizontal rows, or on a number of separate
29 pages or displays on the marking device. Ballots for all
30 questions or propositions to be voted on should be provided
31 in a similar manner and must be arranged on the ballot sheet
32 or marking device in the places provided for such purposes.
33 Ballots shall be of white paper unless provided otherwise by
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1 administrative rule of the State Board of Elections or
2 otherwise specified.
3 All propositions, including but not limited to
4 propositions calling for a constitutional convention,
5 constitutional amendment, judicial retention, and public
6 measures to be voted upon shall be placed on separate
7 portions of the ballot sheet or marking device by utilizing
8 borders or grey screens. Candidates shall be listed on a
9 separate portion of the ballot sheet or marking device by
10 utilizing borders or grey screens. Below the name of the
11 last candidate listed for an office shall be printed or
12 displayed a line or lines on which the voter may select a
13 write-in candidate. Such line or lines shall be proximate to
14 the name of a candidate or candidates may be written by the
15 voter, and proximate to such lines an area shall be provided
16 for marking votes for the write-in candidate or candidates.
17 The number of write-in lines for an office shall equal the
18 number of candidates for which a voter may vote. More than
19 one amendment to the constitution may be placed on the same
20 portion of the ballot sheet or marking device. Constitutional
21 convention or constitutional amendment propositions shall be
22 printed or displayed on a separate portion of the ballot
23 sheet or marking device and designated by borders or grey
24 screens, unless otherwise provided by administrative rule of
25 the State Board of Elections. More than one public measure
26 or proposition may be placed on the same portion of the
27 ballot sheet or marking device. More than one proposition
28 for retention of judges in office may be placed on the same
29 portion of the ballot sheet or marking device. Names of
30 candidates shall be printed in black. The party affiliation
31 of each candidate or the word "independent" shall appear near
32 or under the candidate's name, and the names of candidates
33 for the same office shall be listed vertically under the
34 title of that office, on separate pages of the marking
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1 device, or as otherwise approved by the State Board of
2 Elections. In the case of nonpartisan elections for officers
3 of political subdivisions, unless the statute or an ordinance
4 adopted pursuant to Article VII of the Constitution requires
5 otherwise, the listing of nonpartisan candidates shall not
6 include any party or "independent" designation. Judicial
7 retention questions and ballot questions for all public
8 measures and other propositions shall be designated by
9 borders or grey screens on the ballot or marking device.
10 Judicial retention ballots shall be designated by borders or
11 grey screens. Ballots for all public measures and other
12 propositions shall be designated by borders or grey screens.
13 In primary elections, a separate ballot, or displays on the
14 marking device, shall be used for each political party
15 holding a primary, with the ballot or marking device arranged
16 to include names of the candidates of the party and public
17 measures and other propositions to be voted upon on the day
18 of the primary election.
19 If the ballot includes both candidates for office and
20 public measures or propositions to be voted on, the election
21 official in charge of the election shall divide the ballot or
22 displays on the marking device in sections for "Candidates"
23 and "Propositions", or separate ballots may be used.
24 Absentee ballots may consist of envelopes, paper ballots
25 or ballot sheets voted in person in the office of the
26 election official in charge of the election or voted by mail.
27 Where a Precinct Tabulation Optical Scan Technology ballot is
28 used for voting by mail it must be accompanied by voter
29 instructions.
30 Any voter who spoils his or her ballot, makes an error,
31 or has a ballot returned by the automatic tabulating
32 equipment may return the ballot to the judges of election and
33 get another ballot.
34 (Source: P.A. 89-394, eff. 1-1-97; 89-700, eff. 1-17-97.)
-136- LRB093 07599 BDD 16742 a
1 (10 ILCS 5/24B-8)
2 Sec. 24B-8. Preparation for Use; Comparison of Ballots;
3 Operational Checks of Automatic Precinct Tabulation Optical
4 Scan Technology Tabulating Equipment; Pollwatchers. The
5 county clerk or board of election commissioners shall cause
6 the approved marking devices to be delivered to the polling
7 places. Before the opening of the polls the judges of
8 election shall compare the ballots or displays on the marking
9 device used with the specimen ballots furnished and see that
10 the names, numbers and letters thereon agree and shall
11 certify thereto on forms provided by the county clerk or
12 board of election commissioners.
13 In addition, in those polling places where in-precinct
14 Precinct Tabulation Optical Scan Technology counting
15 equipment is utilized, the judges of election shall make an
16 operational check of the automatic Precinct Tabulation
17 Optical Scan Technology tabulating equipment before the
18 opening of the polls. The judges of election shall ensure
19 that the totals are all zeroes in the count column on the
20 Precinct Tabulation Optical Scan Technology unit.
21 Pollwatchers as provided by law shall be permitted to
22 closely observe the judges in these procedures and to
23 periodically inspect the Precinct Tabulation Optical Scan
24 Technology equipment when not in use by the voters.
25 (Source: P.A. 89-394, eff. 1-1-97.)
26 (10 ILCS 5/24B-9)
27 Sec. 24B-9. Testing of Precinct Tabulation Optical Scan
28 Technology Equipment and Program; Custody of Programs, Test
29 Materials and Ballots. Prior to the public test, the
30 election authority shall conduct an errorless pre-test of the
31 automatic Precinct Tabulation Optical Scan Technology
32 tabulating equipment and program and marking device to
33 determine that they will correctly detect Voting Defects and
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1 count the votes cast for all offices and all measures. On any
2 day not less than 5 days prior to the election day, the
3 election authority shall publicly test the automatic Precinct
4 Tabulation Optical Scan Technology tabulating equipment and
5 program to determine that they will correctly detect Voting
6 Defects and count the votes cast for all offices and on all
7 measures. Public notice of the time and place of the test
8 shall be given at least 48 hours before the test by
9 publishing the notice in one or more newspapers within the
10 election jurisdiction of the election authority, if a
11 newspaper is published in that jurisdiction. If a newspaper
12 is not published in that jurisdiction, notice shall be
13 published in a newspaper of general circulation in that
14 jurisdiction. Timely written notice stating the date, time,
15 and location of the public test shall also be provided to the
16 State Board of Elections. The test shall be open to
17 representatives of the political parties, the press,
18 representatives of the State Board of Elections, and the
19 public. The test shall be conducted by processing a
20 preaudited group of ballots marked to record a predetermined
21 number of valid votes for each candidate and on each measure,
22 and shall include for each office one or more ballots having
23 votes exceeding the number allowed by law to test the ability
24 of the automatic tabulating equipment or marking device to
25 reject the votes. The test shall also include producing an
26 edit listing. In those election jurisdictions where
27 in-precinct counting equipment is used, a public test of both
28 the equipment and program shall be conducted as nearly as
29 possible in the manner prescribed above. The State Board of
30 Elections may select as many election jurisdictions as the
31 Board deems advisable in the interests of the election
32 process of this State, to order a special test of the
33 automatic tabulating equipment and program before any regular
34 election. The Board may order a special test in any election
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1 jurisdiction where, during the preceding 12 months, computer
2 programming errors or other errors in the use of electronic
3 voting systems resulted in vote tabulation errors. Not less
4 than 30 days before any election, the State Board of
5 Elections shall provide written notice to those selected
6 jurisdictions of their intent to conduct a test. Within 5
7 days of receipt of the State Board of Elections' written
8 notice of intent to conduct a test, the selected
9 jurisdictions shall forward to the principal office of the
10 State Board of Elections a copy of all specimen ballots. The
11 State Board of Elections' tests shall be conducted and
12 completed not less than 2 days before the public test
13 utilizing testing materials supplied by the Board and under
14 the supervision of the Board, and the Board shall reimburse
15 the election authority for the reasonable cost of computer
16 time required to conduct the special test. After an
17 errorless test, materials used in the public test, including
18 the program, if appropriate, shall be sealed and remain
19 sealed until the test is run again on election day. If any
20 error is detected, the cause of the error shall be determined
21 and corrected, and an errorless public test shall be made
22 before the automatic tabulating equipment is approved. Each
23 election authority shall file a sealed copy of each tested
24 program to be used within its jurisdiction at an election
25 with the State Board of Elections before the election. The
26 Board shall secure the program or programs of each election
27 jurisdiction so filed in its office for the 60 days following
28 the canvass and proclamation of election results. At the
29 expiration of that time, if no election contest or appeal is
30 pending in an election jurisdiction, the Board shall return
31 the sealed program or programs to the election authority of
32 the jurisdiction. Except where in-precinct counting
33 equipment is used, the test shall be repeated immediately
34 before the start of the official counting of the ballots, in
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1 the same manner as set forth above. After the completion of
2 the count, the test shall be re-run using the same program.
3 Immediately after the re-run, all material used in testing
4 the program and the programs shall be sealed and retained
5 under the custody of the election authority for a period of
6 60 days. At the expiration of that time the election
7 authority shall destroy the voted ballots, together with all
8 unused ballots returned from the precincts. Provided, if any
9 contest of election is pending at the time in which the
10 ballots may be required as evidence and the election
11 authority has notice of the contest, the same shall not be
12 destroyed until after the contest is finally determined. If
13 the use of back-up equipment becomes necessary, the same
14 testing required for the original equipment shall be
15 conducted.
16 (Source: P.A. 89-394, eff. 1-1-97.)
17 (10 ILCS 5/24B-9.1)
18 Sec. 24B-9.1. Examination of Votes by Electronic
19 Precinct Tabulation Optical Scan Technology Scanning Process
20 or other authorized electronic process; definition of a vote.
21 (a) Examination of Votes by Electronic Precinct
22 Tabulation Optical Scan Technology Scanning Process. Whenever
23 a Precinct Tabulation Optical Scan Technology process is used
24 to automatically examine and count the votes on ballot
25 sheets, the provisions of this Section shall apply. A voter
26 shall cast a proper vote on a ballot sheet by making a mark,
27 or causing a mark to be made, in the designated area for the
28 casting of a vote for any party or candidate or for or
29 against any proposition. For this purpose, a mark is an
30 intentional darkening of the designated area on the ballot
31 sheet, and not an identifying mark.
32 (b) For any ballot sheet that does not register a vote
33 for one or more ballot positions on the ballot sheet on a
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1 Electronic Precinct Tabulation Optical Scan Technology
2 Scanning Process, the following shall constitute a vote on
3 the ballot sheet:
4 (1) The designated area for casting a vote for a
5 particular ballot position on the ballot sheet is fully
6 darkened or shaded in;
7 (2) The designated area for casting a vote for a
8 particular ballot position on the ballot sheet is
9 partially darkened or shaded in;
10 (3) The designated area for casting a vote for a
11 particular ballot position on the ballot sheet contains a
12 dot or ".", a check, or a plus or "+"; or
13 (4) The designated area for casting a vote for a
14 particular ballot position on the ballot sheet contains
15 some other type of mark that indicates the clearly
16 ascertainable intent of the voter to vote based on the
17 totality of the circumstances, including but not limited
18 to any pattern or frequency of marks on other ballot
19 positions from the same ballot sheet.
20 (5) The designated area for casting a vote for a
21 particular ballot position on the ballot sheet is not
22 marked, but the ballot sheet contains other markings
23 associated with a particular ballot position, such as
24 circling a candidate's name, that indicates the clearly
25 ascertainable intent of the voter to vote, based on the
26 totality of the circumstances, including but not limited
27 to, any pattern or frequency of markings on other ballot
28 positions from the same ballot sheet.
29 (c) For other electronic voting systems that use a
30 computer as the marking device to mark a ballot sheet, the
31 bar code found on the ballot sheet shall constitute the votes
32 found on the ballot. If, however, the county clerk or board
33 of election commissioners determines that the votes
34 represented by the tally on the bar code for one or more
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1 ballot positions is inconsistent with the votes represented
2 by numerical ballot positions identified on the ballot sheet
3 produced using a computer as the marking device, then the
4 numerical ballot positions identified on the ballot sheet
5 shall constitute the votes for purposes of any official
6 canvass or recount proceeding. An electronic voting system
7 that uses a computer as the marking device to mark a ballot
8 sheet shall be capable of producing a ballot sheet that
9 contains all numerical ballot positions selected by the
10 voter, and provides a place for the voter to cast a write-in
11 vote for a candidate for a particular numerical ballot
12 position.
13 (d) The election authority shall provide an envelope,
14 sleeve or other device to each voter so the voter can deliver
15 the voted ballot sheet to the counting equipment and ballot
16 box without the votes indicated on the ballot sheet being
17 visible to other persons in the polling place.
18 (Source: P.A. 89-394, eff. 1-1-97.)
19 (10 ILCS 5/24B-10)
20 Sec. 24B-10. Receiving, Counting, Tallying and Return of
21 Ballots; Acceptance of Ballots by Election Authority.
22 (a) In an election jurisdiction which has adopted an
23 electronic Precinct Tabulation Optical Scan Technology voting
24 system, the election official in charge of the election shall
25 select one of the 3 following procedures for receiving,
26 counting, tallying, and return of the ballots:
27 (1) Two ballot boxes shall be provided for each
28 polling place. The first ballot box is for the
29 depositing of votes cast on the electronic voting system;
30 and the second ballot box is for all votes cast on other
31 ballots, including absentee paper ballots and any other
32 paper ballots required to be voted other than on the
33 Precinct Tabulation Optical Scan Technology electronic
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1 voting system. Ballots, except absentee ballots for
2 candidates and propositions which are listed on the
3 Precinct Tabulation Optical Scan Technology electronic
4 voting system, deposited in the second ballot box shall
5 be counted, tallied, and returned as is elsewhere
6 provided in this Code for the counting and handling of
7 paper ballots. Immediately after the closing of the
8 polls the absentee ballots delivered to the precinct
9 judges of election by the election official in charge of
10 the election shall be examined to determine that the
11 ballots comply with Sections 19-9 and 20-9 of this Code
12 and are entitled to be inserted into the counting
13 equipment and deposited into the ballot box provided;
14 those entitled to be deposited in this ballot box shall
15 be initialed by the precinct judges of election and
16 deposited. Those not entitled to be deposited in this
17 ballot box shall be marked "Rejected" and disposed of as
18 provided in Sections 19-9 and 20-9. The precinct judges
19 of election shall then open the second ballot box and
20 examine all paper absentee ballots which are in the
21 ballot box to determine whether the absentee ballots bear
22 the initials of a precinct judge of election. If any
23 absentee ballot is not so initialed, it shall be marked
24 on the back "Defective", initialed as to the label by all
25 judges immediately under the word "Defective", and not
26 counted, but placed in the envelope provided for that
27 purpose labeled "Defective Ballots Envelope". The judges
28 of election, consisting in each case of at least one
29 judge of election of each of the 2 major political
30 parties, shall examine the paper absentee ballots which
31 were in such ballot box and properly initialed to
32 determine whether the same contain write-in votes.
33 Write-in votes, not causing an overvote for an office
34 otherwise voted for on the paper absentee ballot, and
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1 otherwise properly voted, shall be counted, tallied and
2 recorded on the tally sheet provided for the record. A
3 write-in vote causing an overvote for an office shall not
4 be counted for that office, but the precinct judges shall
5 mark such paper absentee ballot "Objected To" on the back
6 and write on its back the manner in which the ballot is
7 counted and initial the same. An overvote for one office
8 shall invalidate only the vote or count of that
9 particular office. After counting, tallying and
10 recording the write-in votes on absentee ballots, the
11 judges of election, consisting in each case of at least
12 one judge of election of each of the 2 major political
13 parties, shall make a true duplicate ballot of the
14 remaining valid votes on each paper absentee ballot which
15 was in the ballot box and properly initialed, by using
16 the electronic Precinct Tabulation Optical Scan
17 Technology voting system used in the precinct and one of
18 the marking devices, or equivalent marking device or
19 equivalent ballot, of the precinct to transfer the
20 remaining valid votes of the voter on the paper absentee
21 ballot to an official ballot or a ballot card of that
22 kind used in the precinct at that election. The original
23 paper absentee ballot shall be clearly labeled "Absentee
24 Ballot" and the ballot card so produced "Duplicate
25 Absentee Ballot", and each shall bear the same serial
26 number which shall be placed thereon by the judges of
27 election, beginning with number 1 and continuing
28 consecutively for the ballots of that kind in that
29 precinct. The judges of election shall initial the
30 "Duplicate Absentee Ballot" ballots and shall place them
31 in the first ballot box provided for return of the
32 ballots to be counted at the central counting location in
33 lieu of the paper absentee ballots. The paper absentee
34 ballots shall be placed in an envelope provided for that
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1 purpose labeled "Duplicate Ballots".
2 As soon as the absentee ballots have been deposited
3 in the first ballot box, the judges of election shall
4 make out a slip indicating the number of persons who
5 voted in the precinct at the election. The slip shall be
6 signed by all the judges of election and shall be
7 inserted by them in the first ballot box. The judges of
8 election shall thereupon immediately lock the first
9 ballot box; provided, that if the box is not of a type
10 which may be securely locked, the box shall be sealed
11 with filament tape provided for the purpose that shall be
12 wrapped around the box lengthwise and crosswise, at least
13 twice each way, and in a manner that the seal completely
14 covers the slot in the ballot box, and each of the judges
15 shall sign the seal. Two of the judges of election, of
16 different political parties, shall by the most direct
17 route transport both ballot boxes to the counting
18 location designated by the county clerk or board of
19 election commissioners.
20 Before the ballots of a precinct are fed to the
21 electronic Precinct Tabulation Optical Scan Technology
22 tabulating equipment, the first ballot box shall be
23 opened at the central counting station by the 2 precinct
24 transport judges. Upon opening a ballot box, the team
25 shall first count the number of ballots in the box. If 2
26 or more are folded together to appear to have been cast
27 by the same person, all of the ballots folded together
28 shall be marked and returned with the other ballots in
29 the same condition, as near as may be, in which they were
30 found when first opened, but shall not be counted. If
31 the remaining ballots are found to exceed the number of
32 persons voting in the precinct as shown by the slip
33 signed by the judges of election, the ballots shall be
34 replaced in the box, and the box closed and well shaken
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1 and again opened and one of the precinct transport judges
2 shall publicly draw out so many ballots unopened as are
3 equal to the excess.
4 The excess ballots shall be marked "Excess-Not
5 Counted" and signed by the 2 precinct transport judges
6 and shall be placed in the "After 7:00 p.m. Defective
7 Ballots Envelope". The number of excess ballots shall be
8 noted in the remarks section of the Certificate of
9 Results. "Excess" ballots shall not be counted in the
10 total of "defective" ballots.
11 The precinct transport judges shall then examine the
12 remaining ballots for write-in votes and shall count and
13 tabulate the write-in vote.
14 (2) A single ballot box, for the deposit of all
15 votes cast, shall be used. All ballots which are not to
16 be tabulated on the electronic voting system shall be
17 counted, tallied, and returned as elsewhere provided in
18 this Code for the counting and handling of paper ballots.
19 All ballots to be processed and tabulated with the
20 electronic Precinct Tabulation Optical Scan Technology
21 voting system shall be processed as follows:
22 Immediately after the closing of the polls the
23 absentee ballots delivered to the precinct judges of
24 election by the election official in charge of the
25 election shall be examined to determine that such ballots
26 comply with Sections 19-9 and 20-9 of this Code and are
27 entitled to be deposited in the ballot box; those
28 entitled to be deposited in the ballot box shall be
29 initialed by the precinct judges of election and
30 deposited in the ballot box. Those not entitled to be
31 deposited in the ballot box shall be marked "Rejected"
32 and disposed of as provided in Sections 19-9 and 20-9.
33 The precinct judges of election then shall open the
34 ballot box and canvass the votes polled to determine that
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1 the number of ballots agree with the number of voters
2 voting as shown by the applications for ballot, or if the
3 same do not agree the judges of election shall make such
4 ballots agree with the applications for ballot in the
5 manner provided by Section 17-18 of this Code. The
6 judges of election shall then examine all paper absentee
7 ballots and ballot envelopes which are in the ballot box
8 to determine whether the ballots and ballot envelopes
9 bear the initials of a precinct judge of election. If
10 any ballot or ballot envelope is not initialed, it shall
11 be marked on the back "Defective", initialed as to the
12 label by all judges immediately under the word
13 "Defective", and not counted, but placed in the envelope
14 provided for that purpose labeled "Defective Ballots
15 Envelope". The judges of election, consisting in each
16 case of at least one judge of election of each of the 2
17 major political parties, shall examine the paper absentee
18 ballots which were in the ballot box and properly
19 initialed to determine whether the same contain write-in
20 votes. Write-in votes, not causing an overvote for an
21 office otherwise voted for on the paper absentee ballot,
22 and otherwise properly voted, shall be counted, tallied
23 and recorded on the tally sheet provided for the record.
24 A write-in vote causing an overvote for an office shall
25 not be counted for that office, but the precinct judges
26 shall mark the paper absentee ballot "Objected To" on the
27 back and write on its back the manner the ballot is
28 counted and initial the same. An overvote for one office
29 shall invalidate only the vote or count of that
30 particular office. After counting, tallying and
31 recording the write-in votes on absentee ballots, the
32 judges of election, consisting in each case of at least
33 one judge of election of each of the 2 major political
34 parties, shall make a true duplicate ballot of the
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1 remaining valid votes on each paper absentee ballot which
2 was in the ballot box and properly initialed, by using
3 the electronic voting system used in the precinct and one
4 of the marking devices of the precinct to transfer the
5 remaining valid votes of the voter on the paper absentee
6 ballot to an official ballot of that kind used in the
7 precinct at that election. The original paper absentee
8 ballot shall be clearly labeled "Absentee Ballot" and the
9 ballot so produced "Duplicate Absentee Ballot", and each
10 shall bear the same serial number which shall be placed
11 thereon by the judges of election, commencing with number
12 1 and continuing consecutively for the ballots of that
13 kind in that precinct. The judges of election shall
14 initial the "Duplicate Absentee Ballot" ballots and shall
15 place them in the box for return of the ballots with all
16 other ballots to be counted at the central counting
17 location in lieu of the paper absentee ballots. The
18 paper absentee ballots shall be placed in an envelope
19 provided for that purpose labeled "Duplicate Ballots".
20 In case of an overvote for any office, the judges of
21 election, consisting in each case of at least one judge
22 of election of each of the 2 major political parties,
23 shall make a true duplicate ballot of all votes on the
24 ballot except for the office which is overvoted, by using
25 the ballot of the precinct and one of the marking
26 devices, or equivalent ballot, of the precinct to
27 transfer all votes of the voter except for the office
28 overvoted, to an official ballot of that kind used in the
29 precinct at that election. The original ballot upon
30 which there is an overvote shall be clearly labeled
31 "Overvoted Ballot", and each shall bear the same serial
32 number which shall be placed thereon by the judges of
33 election, beginning with number 1 and continuing
34 consecutively for the ballots of that kind in that
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1 precinct. The judges of election shall initial the
2 "Duplicate Overvoted Ballot" ballots and shall place them
3 in the box for return of the ballots. The "Overvoted
4 Ballot" ballots shall be placed in the "Duplicate
5 Ballots" envelope. The ballots except any defective or
6 overvoted ballot shall be placed separately in the box
7 for return of the ballots, along with all "Duplicate
8 Absentee Ballots", and "Duplicate Overvoted Ballots".
9 The judges of election shall examine the ballots to
10 determine if any is damaged or defective so that it
11 cannot be counted by the automatic tabulating equipment.
12 If any ballot is damaged or defective so that it cannot
13 properly be counted by the automatic tabulating
14 equipment, the judges of election, consisting in each
15 case of at least one judge of election of each of the 2
16 major political parties, shall make a true duplicate
17 ballot of all votes on such ballot by using the ballot of
18 the precinct and one of the marking devices, or
19 equivalent ballot, of the precinct. The original ballot
20 and ballot envelope shall be clearly labeled "Damaged
21 Ballot" and the ballot so produced "Duplicate Damaged
22 Ballot", and each shall bear the same number which shall
23 be placed thereon by the judges of election, commencing
24 with number 1 and continuing consecutively for the
25 ballots of that kind in the precinct. The judges of
26 election shall initial the "Duplicate Damaged Ballot"
27 ballot and shall place them in the box for return of the
28 ballots. The "Damaged Ballot" ballots shall be placed
29 in the "Duplicated Ballots" envelope. A slip indicating
30 the number of voters voting in person, number of absentee
31 votes deposited in the ballot box, and the total number
32 of voters of the precinct who voted at the election shall
33 be made out, signed by all judges of election, and
34 inserted in the box for return of the ballots. The tally
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1 sheets recording the write-in votes shall be placed in
2 this box. The judges of election immediately shall
3 securely lock the ballot box or other suitable box
4 furnished for return of the ballots by the election
5 official in charge of the election; provided that if the
6 box is not of a type which may be securely locked, the
7 box shall be sealed with filament tape provided for the
8 purpose which shall be wrapped around the box lengthwise
9 and crosswise, at least twice each way. A separate
10 adhesive seal label signed by each of the judges of
11 election of the precinct shall be affixed to the box to
12 cover any slot therein and to identify the box of the
13 precinct; and if the box is sealed with filament tape as
14 provided rather than locked, such tape shall be wrapped
15 around the box as provided, but in such manner that the
16 separate adhesive seal label affixed to the box and
17 signed by the judges may not be removed without breaking
18 the filament tape and disturbing the signature of the
19 judges. Two of the judges of election, of different
20 major political parties, shall by the most direct route
21 transport the box for return of the ballots and enclosed
22 ballots and returns to the central counting location
23 designated by the election official in charge of the
24 election. If, however, because of the lack of adequate
25 parking facilities at the central counting location or
26 for any other reason, it is impossible or impracticable
27 for the boxes from all the polling places to be delivered
28 directly to the central counting location, the election
29 official in charge of the election may designate some
30 other location to which the boxes shall be delivered by
31 the 2 precinct judges. While at the other location the
32 boxes shall be in the care and custody of one or more
33 teams, each consisting of 4 persons, 2 from each of the 2
34 major political parties, designated for such purpose by
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1 the election official in charge of elections from
2 recommendations by the appropriate political party
3 organizations. As soon as possible, the boxes shall be
4 transported from the other location to the central
5 counting location by one or more teams, each consisting
6 of 4 persons, 2 from each of the 2 major political
7 parties, designated for the purpose by the election
8 official in charge of elections from recommendations by
9 the appropriate political party organizations.
10 The "Defective Ballots" envelope, and "Duplicated
11 Ballots" envelope each shall be securely sealed and the
12 flap or end of each envelope signed by the precinct
13 judges of election and returned to the central counting
14 location with the box for return of the ballots, enclosed
15 ballots and returns.
16 At the central counting location, a team of tally
17 judges designated by the election official in charge of
18 the election shall check the box returned containing the
19 ballots to determine that all seals are intact, and shall
20 open the box, check the voters' slip and compare the
21 number of ballots so delivered against the total number
22 of voters of the precinct who voted, remove the ballots
23 and deliver them to the technicians operating the
24 automatic tabulating equipment. Any discrepancies
25 between the number of ballots and total number of voters
26 shall be noted on a sheet furnished for that purpose and
27 signed by the tally judges.
28 (3) A single ballot box, for the deposit of all
29 votes cast, shall be used. Immediately after the closing
30 of the polls the judges of election shall examine the
31 absentee ballots received by the precinct judges of
32 election from the election authority of voters in that
33 precinct to determine that they comply with the
34 provisions of Sections 19-9, 20-8 and 20-9 of this Code
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1 and are entitled to be deposited in the ballot box; those
2 entitled to be deposited in the ballot box shall be
3 initialed by the precinct judges and deposited in the
4 ballot box. Those not entitled to be deposited in the
5 ballot box, in accordance with Sections 19-9, 20-8 and
6 20-9 of this Code shall be marked "Rejected" and
7 preserved in the manner provided in this Code for the
8 retention and preservation of official ballots rejected
9 at such election. Immediately upon the completion of the
10 absentee balloting, the precinct judges of election shall
11 securely lock the ballot box; provided that if such box
12 is not of a type which may be securely locked, the box
13 shall be sealed with filament tape provided for the
14 purpose which shall be wrapped around the box lengthwise
15 and crosswise, at least twice each way. A separate
16 adhesive seal label signed by each of the judges of
17 election of the precinct shall be affixed to the box to
18 cover any slot therein and to identify the box of the
19 precinct; and if the box is sealed with filament tape as
20 provided rather than locked, such tape shall be wrapped
21 around the box as provided, but in a manner that the
22 separate adhesive seal label affixed to the box and
23 signed by the judges may not be removed without breaking
24 the filament tape and disturbing the signature of the
25 judges. Two of the judges of election, of different
26 major political parties, shall by the most direct route
27 transport the box for return of the ballots and enclosed
28 absentee ballots and returns to the central counting
29 location designated by the election official in charge of
30 the election. If however, because of the lack of
31 adequate parking facilities at the central counting
32 location or for some other reason, it is impossible or
33 impracticable for the boxes from all the polling places
34 to be delivered directly to the central counting
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1 location, the election official in charge of the election
2 may designate some other location to which the boxes
3 shall be delivered by the 2 precinct judges. While at
4 the other location the boxes shall be in the care and
5 custody of one or more teams, each consisting of 4
6 persons, 2 from each of the 2 major political parties,
7 designated for the purpose by the election official in
8 charge of elections from recommendations by the
9 appropriate political party organizations. As soon as
10 possible, the boxes shall be transported from the other
11 location to the central counting location by one or more
12 teams, each consisting of 4 persons, 2 from each of the 2
13 major political parties, designated for the purpose by
14 the election official in charge of the election from
15 recommendations by the appropriate political party
16 organizations.
17 At the central counting location there shall be one
18 or more teams of tally judges who possess the same
19 qualifications as tally judges in election jurisdictions
20 using paper ballots. The number of the teams shall be
21 determined by the election authority. Each team shall
22 consist of 5 tally judges, 3 selected and approved by the
23 county board from a certified list furnished by the
24 chairman of the county central committee of the party
25 with the majority of members on the county board and 2
26 selected and approved by the county board from a
27 certified list furnished by the chairman of the county
28 central committee of the party with the second largest
29 number of members on the county board. At the central
30 counting location a team of tally judges shall open the
31 ballot box and canvass the votes polled to determine that
32 the number of ballot sheets therein agree with the number
33 of voters voting as shown by the applications for ballot
34 and for absentee ballot; and, if the same do not agree,
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1 the tally judges shall make such ballots agree with the
2 number of applications for ballot in the manner provided
3 by Section 17-18 of this Code. The tally judges shall
4 then examine all ballot sheets that are in the ballot box
5 to determine whether they bear the initials of the
6 precinct judge of election. If any ballot is not
7 initialed, it shall be marked on the back "Defective",
8 initialed as to that label by all tally judges
9 immediately under the word "Defective", and not counted,
10 but placed in the envelope provided for that purpose
11 labeled "Defective Ballots Envelope". Write-in votes,
12 not causing an overvote for an office otherwise voted for
13 on the absentee ballot sheet, and otherwise properly
14 voted, shall be counted, tallied, and recorded by the
15 central counting location judges on the tally sheet
16 provided for the record. A write-in vote causing an
17 overvote for an office shall not be counted for that
18 office, but the tally judges shall mark the absentee
19 ballot sheet "Objected To" and write the manner in which
20 the ballot is counted on its back and initial the sheet.
21 An overvote for one office shall invalidate only the vote
22 or count for that particular office.
23 At the central counting location, a team of tally
24 judges designated by the election official in charge of
25 the election shall deliver the ballot sheets to the
26 technicians operating the automatic Precinct Tabulation
27 Optical Scan Technology tabulating equipment. Any
28 discrepancies between the number of ballots and total
29 number of voters shall be noted on a sheet furnished for
30 that purpose and signed by the tally judges.
31 (b) Regardless of which procedure described in
32 subsection (a) of this Section is used, the judges of
33 election designated to transport the ballots properly signed
34 and sealed, shall ensure that the ballots are delivered to
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1 the central counting station no later than 12 hours after the
2 polls close. At the central counting station, a team of
3 tally judges designated by the election official in charge of
4 the election shall examine the ballots so transported and
5 shall not accept ballots for tabulating which are not signed
6 and sealed as provided in subsection (a) of this Section
7 until the judges transporting the ballots make and sign the
8 necessary corrections. Upon acceptance of the ballots by a
9 team of tally judges at the central counting station, the
10 election judges transporting the ballots shall take a receipt
11 signed by the election official in charge of the election and
12 stamped with the date and time of acceptance. The election
13 judges whose duty it is to transport any ballots shall, in
14 the event the ballots cannot be found when needed, on proper
15 request, produce the receipt which they are to take as above
16 provided.
17 (Source: P.A. 89-394, eff. 1-1-97.)
18 (10 ILCS 5/24B-10.1)
19 Sec. 24B-10.1. In-Precinct Counting Equipment;
20 Procedures for Counting and Tallying Ballots. In an election
21 jurisdiction where Precinct Tabulation Optical Scan
22 Technology counting equipment is used, the following
23 procedures for counting and tallying the ballots shall apply:
24 Before the opening of the polls, and before the ballots
25 are entered into the automatic tabulating equipment, the
26 judges of election shall be sure that the totals are all
27 zeros in the counting column. Ballots may then be counted by
28 entering or scanning each ballot into the automatic
29 tabulating equipment. Throughout the election day and before
30 the closing of the polls, no person may check any vote totals
31 for any candidate or proposition on the automatic tabulating
32 equipment. Such automatic tabulating equipment shall be
33 programmed so that no person may reset the equipment for
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1 refeeding of ballots unless provided a code from an
2 authorized representative of the election authority. At the
3 option of the election authority, the ballots may be fed into
4 the Precinct Tabulation Optical Scan Technology equipment by
5 the voters under the direct supervision of the judges of
6 elections.
7 Immediately after the closing of the polls, the absentee
8 ballots delivered to the precinct judges of election by the
9 election authority shall be examined to determine that the
10 ballots comply with Sections 19-9 and 20-9 of this Code and
11 are entitled to be scanned by the Precinct Tabulation Optical
12 Scan Technology equipment and then deposited in the ballot
13 box; those entitled to be scanned and deposited in the ballot
14 box shall be initialed by the precinct judges of election and
15 then scanned and deposited in the ballot box. Those not
16 entitled to be deposited in the ballot box shall be marked
17 "Rejected" and disposed of as provided in said Sections 19-9
18 and 20-9.
19 The precinct judges of election shall open the ballot box
20 and count the number of ballots to determine if the number
21 agrees with the number of voters voting as shown on the
22 Precinct Tabulation Optical Scan Technology equipment and by
23 the applications for ballot or, if the same do not agree, the
24 judges of election shall make the ballots agree with the
25 applications for ballot in the manner provided by Section
26 17-18 of this Code. The judges of election shall then
27 examine all ballots which are in the ballot box to determine
28 whether the ballots contain the initials of a precinct judge
29 of election. If any ballot is not initialed, it shall be
30 marked on the back "Defective", initialed as to such label by
31 all judges immediately under the word "Defective" and not
32 counted. The judges of election shall place an initialed
33 blank official ballot in the place of the defective ballot,
34 so that the count of the ballots to be counted on the
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1 automatic tabulating equipment will be the same, and each
2 "Defective Ballot" and "Replacement" ballot shall contain the
3 same serial number which shall be placed thereon by the
4 judges of election, beginning with number 1 and continuing
5 consecutively for the ballots of that kind in that precinct.
6 The original "Defective" ballot shall be placed in the
7 "Defective Ballot Envelope" provided for that purpose.
8 If the judges of election have removed a ballot pursuant
9 to Section 17-18, have labeled "Defective" a ballot which is
10 not initialed, or have otherwise determined under this Code
11 to not count a ballot originally deposited into a ballot box,
12 the judges of election shall be sure that the totals on the
13 automatic tabulating equipment are reset to all zeros in the
14 counting column. Thereafter the judges of election shall
15 enter or otherwise scan each ballot to be counted in the
16 automatic tabulating equipment. Resetting the automatic
17 tabulating equipment to all zeros and re-entering of ballots
18 to be counted may occur at the precinct polling place, the
19 office of the election authority, or any receiving station
20 designated by the election authority. The election authority
21 shall designate the place for resetting and re-entering or
22 re-scanning.
23 When a Precinct Tabulation Optical Scan Technology
24 electronic voting system is used which uses a paper ballot,
25 the judges of election shall examine the ballot for write-in
26 votes. When the voter has cast a write-in vote, the judges
27 of election shall compare the write-in vote with the votes on
28 the ballot to determine whether the write-in results in an
29 overvote for any office, unless the Precinct Tabulation
30 Optical Scan Technology equipment has already done so. In
31 case of an overvote for any office, the judges of election,
32 consisting in each case of at least one judge of election of
33 each of the 2 major political parties, shall make a true
34 duplicate ballot of all votes on such ballot except for the
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1 office which is overvoted, by using the ballot of the
2 precinct and one of the marking devices, or equivalent
3 ballot, of the precinct so as to transfer all votes of the
4 voter, except for the office overvoted, to a duplicate
5 ballot. The original ballot upon which there is an overvote
6 shall be clearly labeled "Overvoted Ballot", and each such
7 "Overvoted Ballot" as well as its "Replacement" shall contain
8 the same serial number which shall be placed thereon by the
9 judges of election, beginning with number 1 and continuing
10 consecutively for the ballots of that kind in that precinct.
11 The "Overvoted Ballot" shall be placed in an envelope
12 provided for that purpose labeled "Duplicate Ballot"
13 envelope, and the judges of election shall initial the
14 "Replacement" ballots and shall place them with the other
15 ballots to be counted on the automatic tabulating equipment.
16 If any ballot is damaged or defective, or if any ballot
17 contains a Voting Defect, so that it cannot properly be
18 counted by the automatic tabulating equipment, the voter or
19 the judges of election, consisting in each case of at least
20 one judge of election of each of the 2 major political
21 parties, shall make a true duplicate ballot of all votes on
22 such ballot by using the ballot of the precinct and one of
23 the marking devices of the precinct, or equivalent. If a
24 damaged ballot, the original ballot shall be clearly labeled
25 "Damaged Ballot" and the ballot so produced shall be clearly
26 labeled "Damaged Ballot" and the ballot so produced shall be
27 clearly labeled "Duplicate Damaged Ballot", and each shall
28 contain the same serial number which shall be placed by the
29 judges of election, beginning with number 1 and continuing
30 consecutively for the ballots of that kind in the precinct.
31 The judges of election shall initial the "Duplicate Damaged
32 Ballot" ballot and shall enter or otherwise scan the
33 duplicate damaged ballot into the automatic tabulating
34 equipment. The "Damaged Ballots" shall be placed in the
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1 "Duplicated Ballots" envelope; after all ballots have been
2 successfully read, the judges of election shall check to make
3 certain that the Precinct Tabulation Optical Scan Technology
4 equipment readout agrees with the number of voters making
5 application for ballot in that precinct. The number shall be
6 listed on the "Statement of Ballots" form provided by the
7 election authority.
8 The totals for all candidates and propositions shall be
9 tabulated; and 4 copies of a "Certificate of Results" shall
10 be generated by the automatic tabulating equipment; one copy
11 shall be posted in a conspicuous place inside the polling
12 place; and every effort shall be made by the judges of
13 election to provide a copy for each authorized pollwatcher or
14 other official authorized to be present in the polling place
15 to observe the counting of ballots; but in no case shall the
16 number of copies to be made available to pollwatchers be
17 fewer than 4, chosen by lot by the judges of election. In
18 addition, sufficient time shall be provided by the judges of
19 election to the pollwatchers to allow them to copy
20 information from the copy which has been posted.
21 The judges of election shall count all unused ballots and
22 enter the number on the "Statement of Ballots". All
23 "Spoiled", "Defective" and "Duplicated" ballots shall be
24 counted and the number entered on the "Statement of Ballots".
25 The precinct judges of election shall select a
26 bi-partisan team of 2 judges, who shall immediately return
27 the ballots in a sealed container, along with all other
28 election materials as instructed by the election authority;
29 provided, however, that such container must first be sealed
30 by the election judges with filament tape or other approved
31 sealing devices provided for the purpose which shall be
32 wrapped around the container lengthwise and crosswise, at
33 least twice each way, in a manner that the ballots cannot be
34 removed from the container without breaking the seal and
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1 filament tape and disturbing any signatures affixed by the
2 election judges to the container, or which other approved
3 sealing devices are affixed in a manner approved by the
4 election authority. The election authority shall keep the
5 office of the election authority or any receiving stations
6 designated by the authority, open for at least 12 consecutive
7 hours after the polls close or until the ballots from all
8 precincts with in-precinct counting equipment within the
9 jurisdiction of the election authority have been returned to
10 the election authority. Ballots returned to the office of
11 the election authority which are not signed and sealed as
12 required by law shall not be accepted by the election
13 authority until the judges returning the ballots make and
14 sign the necessary corrections. Upon acceptance of the
15 ballots by the election authority, the judges returning the
16 ballots shall take a receipt signed by the election authority
17 and stamped with the time and date of the return. The
18 election judges whose duty it is to return any ballots as
19 provided shall, in the event the ballots cannot be found when
20 needed, on proper request, produce the receipt which they are
21 to take as above provided. The precinct judges of election
22 shall also deliver the Precinct Tabulation Optical Scan
23 Technology equipment to the election authority.
24 (Source: P.A. 89-394, eff. 1-1-97.)
25 (10 ILCS 5/24B-15)
26 Sec. 24B-15. Official Return of Precinct; Check of
27 Totals; Retabulation. The precinct return printed by the
28 automatic Precinct Tabulation Optical Scan Technology
29 tabulating equipment shall include the number of ballots cast
30 and votes cast for each candidate and proposition and shall
31 constitute the official return of each precinct. In
32 addition to the precinct return, the election authority shall
33 provide the number of applications for ballots in each
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1 precinct, the write-in votes, the total number of ballots
2 counted in each precinct for each political subdivision and
3 district and the number of registered voters in each
4 precinct. However, the election authority shall check the
5 totals shown by the precinct return and, if there is an
6 obvious discrepancy regarding the total number of votes cast
7 in any precinct, shall have the ballots for that precinct
8 retabulated to correct the return. The procedures for
9 retabulation shall apply prior to and after the proclamation
10 is completed; however, after the proclamation of results, the
11 election authority must obtain a court order to unseal voted
12 ballots except for election contests and discovery recounts.
13 In those election jurisdictions that use in-precinct counting
14 equipment, the certificate of results, which has been
15 prepared by the judges of election in the polling place after
16 the ballots have been tabulated, shall be the document used
17 for the canvass of votes for such precinct. Whenever a
18 discrepancy exists during the canvass of votes between the
19 unofficial results and the certificate of results, or
20 whenever a discrepancy exists during the canvass of votes
21 between the certificate of results and the set of totals
22 which has been affixed to the certificate of results, the
23 ballots for that precinct shall be retabulated to correct the
24 return. As an additional part of this check prior to the
25 proclamation, in those jurisdictions where in-precinct
26 counting equipment is used, the election authority shall
27 retabulate the total number of votes cast in 5% of the
28 precincts within the election jurisdiction. The precincts to
29 be retabulated shall be selected after election day on a
30 random basis by the election authority, so that every
31 precinct in the election jurisdiction has an equal
32 mathematical chance of being selected. The State Board of
33 Elections shall design a standard and scientific random
34 method of selecting the precincts which are to be
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1 retabulated, and the election authority shall be required to
2 use that method. The State Board of Elections, the State's
3 Attorney and other appropriate law enforcement agencies, the
4 county chairman of each established political party and
5 qualified civic organizations shall be given prior written
6 notice of the time and place of the random selection
7 procedure and may be represented at the procedure. The
8 retabulation shall consist of counting the ballots which were
9 originally counted and shall not involve any determination of
10 which ballots were, in fact, properly counted. The ballots
11 from the precincts selected for the retabulation shall remain
12 at all times under the custody and control of the election
13 authority and shall be transported and retabulated by the
14 designated staff of the election authority.
15 As part of the retabulation, the election authority shall
16 test the computer program in the selected precincts. The
17 test shall be conducted by processing a preaudited group of
18 ballots marked to record a predetermined number of valid
19 votes for each candidate and on each public question, and
20 shall include for each office one or more ballots which have
21 votes in excess of the number allowed by law to test the
22 ability of the equipment and the marking device to reject
23 such votes. If any error is detected, the cause shall be
24 determined and corrected, and an errorless count shall be
25 made prior to the official canvass and proclamation of
26 election results.
27 The State Board of Elections, the State's Attorney and
28 other appropriate law enforcement agencies, the county
29 chairman of each established political party and qualified
30 civic organizations shall be given prior written notice of
31 the time and place of the retabulation and may be represented
32 at the retabulation.
33 The results of this retabulation shall be treated in the
34 same manner and have the same effect as the results of the
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1 discovery procedures set forth in Section 22-9.1 of this
2 Code. Upon completion of the retabulation, the election
3 authority shall print a comparison of the results of the
4 retabulation with the original precinct return printed by the
5 automatic tabulating equipment. The comparison shall be done
6 for each precinct and for each office voted upon within that
7 precinct, and the comparisons shall be open to the public.
8 Upon completion of the retabulation, the returns shall be
9 open to the public.
10 (Source: P.A. 89-394, eff. 1-1-97; 89-700, eff. 1-17-97.)
11 (10 ILCS 5/24B-18)
12 Sec. 24B-18. Specimen Ballots; Publication. When an
13 electronic Precinct Tabulation Optical Scan Technology voting
14 system is used, the election authority shall cause to be
15 published, at least 5 days before the day of each general and
16 general primary election, in 2 or more newspapers published
17 in and having a general circulation in the county, a true and
18 legible copy of the specimen ballot containing the names of
19 offices and candidates and statements of measures to be voted
20 on, as near as may be, in the form in which they will appear
21 on the official ballot on election day. A true legible copy
22 may be in the form of an actual size ballot and shall be
23 published as required by this Section if distributed in 2 or
24 more newspapers published and having a general circulation in
25 the county as an insert. For each election prescribed in
26 Article 2A of this Code, specimen ballots shall be made
27 available for public distribution and shall be supplied to
28 the judges of election for posting in the polling place on
29 the day of election. Notice for the nonpartisan and
30 consolidated elections shall be given as provided in Article
31 12.
32 (Source: P.A. 89-394, eff. 1-1-97.)
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1 (10 ILCS 5/Art. 24C heading new)
2 ARTICLE 24C. DIRECT RECORDING ELECTRONIC VOTING SYSTEMS
3 (10 ILCS 5/24C-1 new)
4 Sec. 24C-1. Purpose. The purpose of this Article is to
5 authorize the use of Direct Recording Electronic Voting
6 Systems approved by the State Board of Elections. In a
7 Direct Recording Electronic Voting System, voters cast votes
8 by means of a ballot display provided with mechanical or
9 electro-optical devices that can be activated by the voters
10 to mark their choices for the candidates of their preference
11 and for or against public questions. Such voting devices
12 shall be capable of instantaneously recording such votes,
13 storing such votes, producing a permanent paper record and
14 tabulating such votes at the precinct or at one or more
15 counting stations. This Article authorizes the use of Direct
16 Recording Electronic Voting Systems for in-precinct counting
17 applications and for in-person absentee voting in the office
18 of the election authority and in the offices of local
19 officials authorized by the election authority to conduct
20 such absentee voting. All other absentee ballots must be
21 counted at the office of the election authority.
22 (10 ILCS 5/24C-2 new)
23 Sec. 24C-2. Definitions. As used in this Article:
24 "Audit trail" or "audit capacity" means a continuous
25 trail of evidence linking individual transactions related to
26 the casting of a vote, the vote count and the summary record
27 of vote totals, but which shall not allow for the
28 identification of the voter. It shall permit verification of
29 the accuracy of the count and detection and correction of
30 problems and shall provide a record of each step taken in:
31 defining and producing ballots and generating related
32 software for specific elections; installing ballots and
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1 software; testing system readiness; casting and tabulating
2 ballots; and producing images of votes cast and reports of
3 vote totals. The record shall incorporate system status and
4 error messages generated during election processing,
5 including a log of machine activities and routine and unusual
6 intervention by authorized and unauthorized individuals.
7 Also part of an audit trail is the documentation of such
8 items as ballots delivered and collected, administrative
9 procedures for system security, pre-election testing of
10 voting systems, and maintenance performed on voting
11 equipment. It also means that the voting system is capable
12 of producing and shall produce immediately after a ballot is
13 cast a permanent paper record of each ballot cast that shall
14 be available as an official record for any recount, redundant
15 count, or verification or retabulation of the vote count
16 conducted with respect to any election in which the voting
17 system is used.
18 "Ballot" means an electronic audio or video display or
19 any other medium, including paper, used to record a voter's
20 choices for the candidates of their preference and for or
21 against public questions.
22 "Ballot configuration" means the particular combination
23 of political subdivision or district ballots including, for
24 each political subdivision or district, the particular
25 combination of offices, candidate names and public questions
26 as it appears for each group of voters who may cast the same
27 ballot.
28 "Ballot image" means a corresponding representation in
29 electronic or paper form of the mark or vote position of a
30 ballot.
31 "Ballot label" or "ballot screen" means the display of
32 material containing the names of offices and candidates and
33 public questions to be voted on.
34 "Central counting" means the counting of ballots in one
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1 or more locations selected by the election authority for the
2 processing or counting, or both, of ballots. A location for
3 central counting shall be within the territorial jurisdiction
4 of the election authority unless there is no suitable
5 tabulating equipment available within his territorial
6 jurisdiction. However, in any event a counting location
7 shall be within this State.
8 "Computer", "automatic tabulating equipment" or
9 "equipment" includes apparatus necessary to automatically
10 examine and count votes as designated on ballots, and data
11 processing machines which can be used for counting ballots
12 and tabulating results.
13 "Computer operator" means any person or persons
14 designated by the election authority to operate the automatic
15 tabulating equipment during any portion of the vote tallying
16 process in an election, but shall not include judges of
17 election operating vote tabulating equipment in the precinct.
18 "Computer program" or "program" means the set of
19 operating instructions for the automatic tabulating equipment
20 that examines, records, counts, tabulates, canvasses and
21 prints votes recorded by a voter on a ballot.
22 "Direct recording electronic voting system", "voting
23 system" or "system" means the total combination of
24 mechanical, electromechanical or electronic equipment,
25 programs and practices used to define ballots, cast and count
26 votes, report or display election results, maintain or
27 produce any audit trail information, identify all system
28 components, test the system during development, maintenance
29 and operation, maintain records of system errors and defects,
30 determine specific system changes to be made to a system
31 after initial qualification, and make available any materials
32 to the voter such as notices, instructions, forms or paper
33 ballots.
34 "Edit listing" means a computer generated listing of the
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1 names of each candidate and public question as they appear in
2 the program for each precinct.
3 "In-precinct counting" means the recording and counting
4 of ballots on automatic tabulating equipment provided by the
5 election authority in the same precinct polling place in
6 which those ballots have been cast.
7 "Marking device" means any device approved by the State
8 Board of Elections for marking a ballot so as to enable the
9 ballot to be recorded, counted and tabulated by automatic
10 tabulating equipment.
11 "Permanent paper record" means a paper record upon which
12 shall be printed in human readable form the votes cast for
13 each candidate and for or against each public question on
14 each ballot recorded in the voting system. Each permanent
15 paper record shall be printed by the voting device upon
16 activation of the marking device by the voter and shall
17 contain a unique, randomly assigned identifying number that
18 shall correspond to the number randomly assigned by the
19 voting system to each ballot as it is electronically
20 recorded.
21 "Redundant count"' means a verification of the original
22 computer count of ballots by another count using compatible
23 equipment or other means as part of a discovery recount,
24 including a count of the permanent paper record of each
25 ballot cast by using compatible equipment, different
26 equipment approved by the State Board of Elections for that
27 purpose, or by hand.
28 "Separate ballot" means a separate page or display screen
29 of the ballot that is clearly defined and distinguishable
30 from other portions of the ballot.
31 "Voting device" or "voting machine" means an apparatus
32 that contains the ballot label or ballot screen and allows
33 the voter to record his or her vote.
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1 (10 ILCS 5/24C-3 new)
2 Sec. 24C-3. Adoption, experimentation or abandonment of
3 Direct Recording Electronic Voting System; Boundaries of
4 precincts; Notice. Except as otherwise provided in this
5 Section, any county board, board of county commissioners and
6 any board of election commissioners, with respect to
7 territory within its jurisdiction, may adopt, experiment
8 with, or abandon a Direct Recording Electronic Voting System
9 approved for use by the State Board of Elections and may use
10 such System in all or some of the precincts within its
11 jurisdiction, or in combination with paper ballots or other
12 voting systems. Any county board, board of county
13 commissioners or board of election commissioners may contract
14 for the tabulation of votes at a location outside its
15 territorial jurisdiction when there is no suitable tabulating
16 equipment available within its territorial jurisdiction. In
17 no case may a county board, board of county commissioners or
18 board of election commissioners contract or arrange for the
19 purchase, lease or loan of a Direct Recording Electronic
20 Voting System or System component without the approval of the
21 State Board of Elections as provided by Section 24C-16.
22 Before any Direct Recording Electronic Voting System is
23 introduced, adopted or used in any precinct or territory at
24 least 2 months public notice must be given before the date of
25 the first election where the System is to be used. The
26 election authority shall publish the notice at least once in
27 one or more newspapers published within the county or other
28 jurisdiction, where the election is held. If there is no
29 such newspaper, the notice shall be published in a newspaper
30 published in the county and having a general circulation
31 within such jurisdiction. The notice shall be substantially
32 as follows:
33 "Notice is hereby given that on ... (give date) ..., at
34 ... (give place where election is held) ... in the county of
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1 ..., an election will be held for ... (give name of offices
2 to be filled) ... at which a Direct Recording Electronic
3 Voting System will be used."
4 Dated at ... this ... day of ... 20....?
5 This notice referred to shall be given only at the first
6 election at which the Direct Recording Electronic Voting
7 System is used.
8 (10 ILCS 5/24C-3.1 new)
9 Sec. 24C-3.1. Retention or consolidation or alteration of
10 existing precincts; Change of location. When a Direct
11 Recording Electronic Voting System is used, the county board
12 or board of election commissioners may retain existing
13 precincts or may consolidate, combine, alter, decrease or
14 enlarge the boundaries of the precincts to change the number
15 of registered voters of the precincts using the System,
16 establishing the number of registered voters within each
17 precinct at a number not to exceed 800 as the appropriate
18 county board or board of election commissioners determines
19 will afford adequate voting facilities and efficient and
20 economical elections.
21 Except in the event of a fire, flood or total loss of
22 heat in a place fixed or established pursuant to law by any
23 county board or board of election commissioners as a polling
24 place for an election, no election authority shall change the
25 location of a polling place established for any precinct
26 after notice of the place of holding the election for that
27 precinct has been given as required under Article 12 unless
28 the election authority notifies all registered voters in the
29 precinct of the change in location by first class mail in
30 sufficient time for the notice to be received by the
31 registered voters in the precinct at least one day prior to
32 the date of the election.
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1 (10 ILCS 5/24C-4 new)
2 Sec. 24C-4. Use of Direct Recording Electronic Voting
3 System; Requisites; Applicable procedure. Direct Recording
4 Electronic Voting Systems may be used in elections provided
5 that such Systems are approved for use by the State Board of
6 Elections. So far as applicable, the procedure provided for
7 voting paper ballots shall apply when Direct Recording
8 Electronic Voting Systems are used. However, the provisions
9 of this Article 24C will govern when there are conflicts.
10 (10 ILCS 5/24C-5 new)
11 Sec. 24C-5. Voting Stations. In precincts where a Direct
12 Recording Electronic Voting System is used, a sufficient
13 number of voting stations shall be provided for the use of
14 the System according to the requirements determined by the
15 State Board of Elections. Each station shall be placed in a
16 manner so that no judge of election or pollwatcher is able to
17 observe a voter casting a ballot.
18 (10 ILCS 5/24C-5.1 new)
19 Sec. 24C-5.1. Instruction of Voters; Instruction Model;
20 Partiality to Political Party; Manner of Instruction. Before
21 entering the voting booth each voter shall be offered
22 instruction in using the Direct Recording Electronic Voting
23 System. In instructing voters, no precinct official may show
24 partiality to any political party or candidate. The duties
25 of instruction shall be discharged by a judge from each of
26 the political parties represented and they shall alternate
27 serving as instructor so that each judge shall serve a like
28 time at such duties. No instructions may be given inside a
29 voting booth after the voter has entered the voting booth.
30 No precinct official or person assisting a voter may in
31 any manner request, suggest, or seek to persuade or induce
32 any voter to cast his or her vote for any particular ticket,
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1 candidate, amendment, question or proposition. All
2 instructions shall be given by precinct officials in a manner
3 that it may be observed by other persons in the polling
4 place.
5 (10 ILCS 5/24C-5.2 new)
6 Sec. 24C-5.2. Demonstration of Direct Recording
7 Electronic Voting System; Placement in Public Library. When
8 a Direct Recording Electronic Voting System is used in a
9 forthcoming election, the election authority may provide, for
10 the purpose of instructing voters in the election, one
11 demonstrator Direct Recording Electronic Voting System unit
12 for placement in any public library or in any other public or
13 private building within the political subdivision where the
14 election occurs. If the placement of a demonstrator takes
15 place it shall be made available at least 30 days before the
16 election.
17 (10 ILCS 5/24C-6 new)
18 Sec. 24C-6. Ballot Information; Arrangement; Direct
19 Recording Electronic Voting System; Absentee Ballots; Spoiled
20 Ballots. The ballot information, shall, as far as
21 practicable, be in the order of arrangement provided for
22 paper ballots, except that the information may be in vertical
23 or horizontal rows, or on a number of separate pages or
24 display screens.
25 Ballots for all public questions to be voted on should be
26 provided in a similar manner and must be arranged on the
27 ballot in the places provided for such purposes. All public
28 questions, including but not limited to public questions
29 calling for a constitutional convention, constitutional
30 amendment, or judicial retention, shall be placed on the
31 ballot separate and apart from candidates. Ballots for all
32 public questions shall be clearly designated by borders or
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1 different color screens. More than one amendment to the
2 constitution may be placed on the same portion of the ballot
3 sheet. Constitutional convention or constitutional amendment
4 propositions shall be placed on a separate portion of the
5 ballot and designated by borders or unique color screens,
6 unless otherwise provided by administrative rule of the State
7 Board of Elections. More than one public question may be
8 placed on the same portion of the ballot. More than one
9 proposition for retention of judges in office may be placed
10 on the same portion of the ballot.
11 The party affiliation, if any, of each candidate or the
12 word "independent", where applicable, shall appear near or
13 under the candidate's name, and the names of candidates for
14 the same office shall be listed vertically under the title of
15 that office. In the case of nonpartisan elections for
16 officers of political subdivisions, unless the statute or an
17 ordinance adopted pursuant to Article VII of the Constitution
18 requires otherwise, the listing of nonpartisan candidates
19 shall not include any party or "independent" designation. In
20 primary elections, a separate ballot shall be used for each
21 political party holding a primary, with the ballot arranged
22 to include names of the candidates of the party and public
23 questions and other propositions to be voted upon on the day
24 of the primary election.
25 If the ballot includes both candidates for office and
26 public questions or propositions to be voted on, the election
27 official in charge of the election shall divide the ballot in
28 sections for "Candidates" and "Public Questions", or separate
29 ballots may be used.
30 Any voter who spoils his or her ballot, makes an error,
31 or has a ballot rejected by the automatic tabulating
32 equipment shall be provided a means of correcting the ballot
33 or obtaining a new ballot prior to casting his or her ballot.
34 Any election authority using a Direct Recording
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1 Electronic Voting System may use voting systems approved for
2 use under Articles 24A or 24B of this Code in conducting
3 absentee voting in the office of the election authority or
4 voted by mail.
5 (10 ILCS 5/24C-6.1 new)
6 Sec. 24C-6.1. Security Designation. In all elections
7 conducted under this Article, ballots shall have a security
8 designation. In precincts where more than one ballot
9 configuration may be voted upon, ballots shall have a
10 different security designation for each ballot configuration.
11 If a precinct has only one possible ballot configuration, the
12 ballots must have a security designation to identify the
13 precinct and the election. Where ballots from more than one
14 precinct are being tabulated, the ballots from each precinct
15 must be clearly identified; official results shall not be
16 generated unless the precinct identification for any precinct
17 corresponds. When the tabulating equipment being used
18 requires entering the program immediately before tabulating
19 the ballots for each precinct, the precinct program may be
20 used. The Direct Recording Electronic Voting System shall be
21 designed to ensure that the proper ballot is selected for
22 each polling place and for each ballot configuration and that
23 the format can be matched to the software or firmware
24 required to interpret it correctly. The system shall provide
25 a means of programming each piece of equipment to reflect the
26 ballot requirements of the election and shall include a means
27 for validating the correctness of the program and of the
28 program's installation in the equipment or in a programmable
29 memory devise.
30 (10 ILCS 5/24C-7 new)
31 Sec. 24C-7. Write-In Ballots. A Direct Recording
32 Electronic Voting System shall provide an acceptable method
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1 for a voter to vote for a person whose name does not appear
2 on the ballot using the same apparatus used to record votes
3 for candidates whose name do appear on the ballot. Election
4 authorities utilizing Direct Recording Electronic Voting
5 Systems shall not use separate write-in ballots.
6 Below the name of the last candidate listed for an office
7 shall be a space or spaces in which the name of a candidate
8 or candidates may be written in or recorded by the voter. The
9 number of write-in lines for an office shall equal the number
10 of candidates for which a voter may vote.
11 (10 ILCS 5/24C-8 new)
12 Sec. 24C-8. Preparation for Use; Comparison of Ballots;
13 Operational Checks of Direct Recording Electronic Voting
14 Systems Equipment; Pollwatchers. The county clerk or board
15 of election commissioners shall cause the approved Direct
16 Recording Electronic Voting System equipment to be delivered
17 to the polling places. Before the opening of the polls, all
18 Direct Recording Voting System devices shall provide a
19 printed record of the following, upon verification of the
20 authenticity of the commands by a judge of election: the
21 election's identification data, the equipment's unit
22 identification, the ballot's format identification, the
23 contents of each active candidate register by office and of
24 each active public question register showing that they
25 contain all zeros, all ballot fields that can be used to
26 invoke special voting options, and other information needed
27 to ensure the readiness of the equipment, and to accommodate
28 administrative reporting requirements.
29 The Direct Recording Electronic Voting System shall
30 provide a means of opening the polling place and readying the
31 equipment for the casting of ballots. Such means shall
32 incorporate a security seal, a password, or a data code
33 recognition capability to prevent inadvertent or unauthorized
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1 actuation of the poll-opening function. If more than one
2 step is required, it shall enforce their execution in the
3 proper sequence.
4 Pollwatchers as provided by law shall be permitted to
5 closely observe the judges in these procedures and to
6 periodically inspect the Direct Recording Electronic Voting
7 System equipment when not in use by the voters.
8 (10 ILCS 5/24C-9 new)
9 Sec. 24C-9. Testing of Direct Recording Electronic Voting
10 System Equipment and Programs; Custody of Programs, Test
11 Materials and Ballots. Prior to the public test, the
12 election authority shall conduct an errorless pre-test of the
13 Direct Recording Electronic Voting System equipment and
14 programs to determine that they will correctly detect voting
15 defects and count the votes cast for all offices and all
16 public questions. On any day not less than 5 days prior to
17 the election day, the election authority shall publicly test
18 the Direct Recording Electronic Voting System equipment and
19 programs to determine that they will correctly detect voting
20 errors and accurately count the votes legally cast for all
21 offices and on all public questions. Public notice of the
22 time and place of the test shall be given at least 48 hours
23 before the test by publishing the notice in one or more
24 newspapers within the election jurisdiction of the election
25 authority, if a newspaper is published in that jurisdiction.
26 If a newspaper is not published in that jurisdiction, notice
27 shall be published in a newspaper of general circulation in
28 that jurisdiction. Timely written notice stating the date,
29 time, and location of the public test shall also be provided
30 to the State Board of Elections. The test shall be open to
31 representatives of the political parties, the press,
32 representatives of the State Board of Elections, and the
33 public. The test shall be conducted by entering a pre-
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1 audited group of votes designed to record a predetermined
2 number of valid votes for each candidate and on each public
3 question, and shall include for each office one or more
4 ballots having votes exceeding the number allowed by law to
5 test the ability of the automatic tabulating equipment to
6 reject the votes. The test shall also include producing an
7 edit listing. In those election jurisdictions where
8 in-precinct counting equipment is used, a public test of both
9 the equipment and program shall be conducted as nearly as
10 possible in the manner prescribed above. The State Board of
11 Elections may select as many election jurisdictions as the
12 Board deems advisable in the interests of the election
13 process of this State, to order a special test of the
14 automatic tabulating equipment and program before any regular
15 election. The Board may order a special test in any election
16 jurisdiction where, during the preceding 12 months, computer
17 programming errors or other errors in the use of System
18 resulted in vote tabulation errors. Not less than 30 days
19 before any election, the State Board of Elections shall
20 provide written notice to those selected jurisdictions of
21 their intent to conduct a test. Within 5 days of receipt of
22 the State Board of Elections' written notice of intent to
23 conduct a test, the selected jurisdictions shall forward to
24 the principal office of the State Board of Elections a copy
25 of all specimen ballots. The State Board of Elections' tests
26 shall be conducted and completed not less than 2 days before
27 the public test utilizing testing materials supplied by the
28 Board and under the supervision of the Board, and the Board
29 shall reimburse the election authority for the reasonable
30 cost of computer time required to conduct the special test.
31 After an errorless test, materials used in the public test,
32 including the program, if appropriate, shall be sealed and
33 remain sealed until the test is run again on election day.
34 If any error is detected, the cause of the error shall be
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1 determined and corrected, and an errorless public test shall
2 be made before the automatic tabulating equipment is
3 approved. Each election authority shall file a sealed copy
4 of each tested program to be used within its jurisdiction at
5 an election with the State Board of Elections before the
6 election. The Board shall secure the program or programs of
7 each election jurisdiction so filed in its office for the 60
8 days following the canvass and proclamation of election
9 results. At the expiration of that time, if no election
10 contest or appeal is pending in an election jurisdiction, the
11 Board shall return the sealed program or programs to the
12 election authority of the jurisdiction. Except where
13 in-precinct counting equipment is used, the test shall be
14 repeated immediately before the start of the official
15 counting of the ballots, in the same manner as set forth
16 above. After the completion of the count, the test shall be
17 re-run using the same program. Immediately after the re-run,
18 all material used in testing the program and the programs
19 shall be sealed and retained under the custody of the
20 election authority for a period of 60 days. At the
21 expiration of that time the election authority shall destroy
22 the voted ballots, together with all unused ballots returned
23 from the precincts. Provided, if any contest of election is
24 pending at the time in which the ballots may be required as
25 evidence and the election authority has notice of the
26 contest, the same shall not be destroyed until after the
27 contest is finally determined. If the use of back-up
28 equipment becomes necessary, the same testing required for
29 the original equipment shall be conducted.
30 (10 ILCS 5/24C-10 new)
31 Sec. 24C-10. Recording of votes by Direct Recording
32 Electronic Voting Systems.
33 Whenever a Direct Recording Electronic Voting System is
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1 used to automatically record and count the votes on ballots,
2 the provisions of this Section shall apply. A voter shall
3 cast a proper vote on a ballot by marking the designated area
4 for the casting of a vote for any party or candidate or for
5 or against any public question. For this purpose, a mark is
6 an intentional selection of the designated area on the ballot
7 by appropriate means and which is not otherwise an
8 identifying mark.
9 (10 ILCS 5/24C-11 new)
10 Sec. 24C-11. Functional requirements.
11 A Direct Recording Electronic Voting System shall, in
12 addition to satisfying the other requirements of this
13 Article, fulfill the following functional requirements:
14 (a) Provide a voter in a primary election with the means
15 of casting a ballot containing votes for any and all
16 candidates of the party or parties of his or her choice, and
17 for any and all non-partisan candidates and public questions
18 and preclude the voter from voting for any candidate of any
19 other political party except when legally permitted. In a
20 general election, the system shall provide the voter with
21 means of selecting the appropriate number of candidates for
22 any office, and of voting on any public question on the
23 ballot to which he or she is entitled to vote.
24 (b) If a voter is not entitled to vote for particular
25 candidates or public questions appearing on the ballot, the
26 system shall prevent the selection of the prohibited votes.
27 (c) Once the proper ballot has been selected, the system
28 devices shall provide a means of enabling the recording of
29 votes and the casting of said ballot.
30 (d) System voting devices shall provide voting choices
31 that are clear to the voter and labels indicating the names
32 of every candidate and the text of every public question on
33 the voter's ballot. Each label shall identify the selection
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1 button or switch, or the active area of the ballot associated
2 with it. The system shall be able to incorporate minimal,
3 easy-to-follow on-screen instruction for the voter on how to
4 cast a ballot.
5 (e) Voting devices shall (i) enable the voter to vote
6 for any and all candidates and public questions appearing on
7 the ballot for which the voter is lawfully entitled to vote,
8 in any legal number and combination; (ii) detect and reject
9 all votes for an office or upon a public question when the
10 voter has cast more votes for the office or upon the public
11 question than the voter is entitled to cast; (iii) notify the
12 voter if the voter's choices as recorded on the ballot for an
13 office or public question are fewer than or exceed the number
14 that the voter is entitled to vote for on that office or
15 public question and the effect of casting more votes than
16 legally permitted; (iv) notify the voter if the voter has
17 failed to completely cast a vote for an office or public
18 question appearing the ballot; and (v) permit the voter, in a
19 private and independent manner, to verify the votes selected
20 by the voter, to change the ballot or to correct any error on
21 the ballot before the ballot is cast and counted. A means
22 shall be provided to indicate each selection after it has
23 been made or canceled.
24 (f) System voting devices shall provide a means for the
25 voter to signify that the selection of candidates and public
26 questions has been completed. Upon activation, the system
27 shall record an image of the completed ballot, increment the
28 proper ballot position registers, and shall signify to the
29 voter that the ballot has been cast. The system shall then
30 prevent any further attempt to vote until it has been reset
31 or re-enabled by a judge of election.
32 (g) Each system voting device shall be equipped with a
33 public counter that can be set to zero prior to the opening
34 of the polling place, and that records the number of ballots
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1 cast at a particular election. The counter shall be
2 incremented only by the casting of a ballot. The counter
3 shall be designed to prevent disabling or resetting by other
4 than authorized persons after the polls close. The counter
5 shall be visible to all judges of election so long as the
6 device is installed at the polling place.
7 (h) Each system voting device shall be equipped with a
8 protective counter that records all of the testing and
9 election ballots cast since the unit was built. This counter
10 shall be designed so that its reading cannot be changed by
11 any cause other than the casting of a ballot. The protective
12 counter shall be incapable of ever being reset and it shall
13 be visible at all times when the device is configured for
14 testing, maintenance, or election use.
15 (i) All system devices shall provide a means of
16 preventing further voting once the polling place has closed
17 and after all eligible voters have voted. Such means of
18 control shall incorporate a visible indication of system
19 status. Each device shall prevent any unauthorized use,
20 prevent tampering with ballot labels and preclude its
21 re-opening once the poll closing has been completed for that
22 election.
23 (j) The system shall produce a printed summary report of
24 the votes cast upon each voting device. Until the proper
25 sequence of events associated with closing the polling place
26 has been completed, the system shall not allow the printing
27 of a report or the extraction of data. The printed report
28 shall also contain all system audit information to be
29 required by the election authority. Data shall not be
30 altered or otherwise destroyed by report generation and the
31 system shall ensure the integrity and security of data for a
32 period of at least 6 months after the polls close.
33 (k) If more than one voting device is used in a polling
34 place, the system shall provide a means to manually or
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1 electronically consolidate the data from all such units into
2 a single report even if different voting systems are used to
3 record absentee ballots. The system shall also be capable of
4 merging the vote tabulation results produced by other vote
5 tabulation systems, if necessary.
6 (l) System functions shall be implemented such that
7 unauthorized access to them is prevented and the execution of
8 authorized functions in an improper sequence is precluded.
9 System functions shall be executable only in the intended
10 manner and order, and only under the intended conditions. If
11 the preconditions to a system function have not been met, the
12 function shall be precluded from executing by the system's
13 control logic.
14 (m) All system voting devices shall incorporate at least
15 3 memories in the machine itself and in its programmable
16 memory devices.
17 (n) The system shall include capabilities of recording
18 and reporting the date and time of normal and abnormal events
19 and of maintaining a permanent record of audit information
20 that cannot be turned off. Provisions shall be made to
21 detect and record significant events (e.g., casting a ballot,
22 error conditions that cannot be disposed of by the system
23 itself, time-dependent or programmed events that occur
24 without the intervention of the voter or a judge of
25 election).
26 (o) The system and each system voting device must be
27 capable of creating, printing and maintaining a permanent
28 paper record and an electronic image of each ballot that is
29 cast such that records of individual ballots are maintained
30 by a subsystem independent and distinct from the main vote
31 detection, interpretation, processing and reporting path.
32 The electronic images of each ballot must protect the
33 integrity of the data and the anonymity of each voter, for
34 example, by means of storage location scrambling. The ballot
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1 image records may be either machine-readable or manually
2 transcribed, or both, at the discretion of the election
3 authority.
4 (p) The system shall include built-in test, measurement
5 and diagnostic software and hardware for detecting and
6 reporting the system's status and degree of operability.
7 (q) The system shall contain provisions for maintaining
8 the integrity of memory voting and audit data during an
9 election and for a period of at least 6 months thereafter and
10 shall provide the means for creating an audit trail.
11 (r) The system shall be fully accessible so as to permit
12 blind or visually impaired voters as well as physically
13 disabled voters to exercise their right to vote in private
14 and without assistance.
15 (s) The system shall provide alternative language
16 accessibility if required pursuant to Section 203 of the
17 Voting Rights Act of 1965.
18 (t) Each voting device shall enable a voter to vote for
19 a person whose name does not appear on the ballot.
20 (u) The system shall record and count accurately each
21 vote properly cast for or against any candidate and for or
22 against any public question, including the names of all
23 candidates whose names are written in by the voters.
24 (v) The system shall allow for accepting provisional
25 ballots and for separating such provisional ballots from
26 precinct totals until authorized by the election authority.
27 (w) The system shall provide an effective audit trail as
28 defined in Section 24C-2 in this Code.
29 (x) The system shall be suitably designed for the
30 purpose used, be durably constructed, and be designed for
31 safety, accuracy and efficiency.
32 (y) The system shall comply with all provisions of
33 Federal, State and local election laws and regulations and
34 any future modifications to those laws and regulations.
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1 (10 ILCS 5/24C-12 new)
2 Sec. 24C-12. Procedures for Counting and Tallying of
3 Ballots.
4 In an election jurisdiction where a Direct Recording
5 Electronic Voting System is used, the following procedures
6 for counting and tallying the ballots shall apply:
7 Before the opening of the polls, the judges of elections
8 shall assemble the voting equipment and devices and turn the
9 equipment on. The judges shall, if necessary, take steps to
10 activate the voting devices and counting equipment by
11 inserting into the equipment and voting devices appropriate
12 data cards containing passwords and data codes that will
13 select the proper ballot formats selected for that polling
14 place and that will prevent inadvertent or unauthorized
15 activation of the poll-opening function. Before voting
16 begins and before ballots are entered into the voting
17 devices, the judges of election shall cause to be printed a
18 record of the following: the election's identification data,
19 the device's unit identification, the ballot's format
20 identification, the contents of each active candidate
21 register by office and of each active public question
22 register showing that they contain all zero votes, all ballot
23 fields that can be used to invoke special voting options, and
24 other information needed to ensure the readiness of the
25 equipment and to accommodate administrative reporting
26 requirements. The judges must also check to be sure that the
27 totals are all zeros in the counting columns and in the
28 public counter affixed to the voting devices.
29 After the judges have determined that a person is
30 qualified to vote, a voting device with the proper ballot to
31 which the voter is entitled shall be enabled to be used by
32 the voter. The ballot may then be cast by the voter by
33 marking by appropriate means the designated area of the
34 ballot for the casting of a vote for any candidate or for or
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1 against any public question. The voter shall be able to vote
2 for any and all candidates and public measures appearing on
3 the ballot in any legal number and combination and the voter
4 shall be able to delete, change or correct his or her
5 selections before the ballot is cast. The voter shall be
6 able to select candidates whose names do not appear upon the
7 ballot for any office by entering electronically as many
8 names of candidates as the voter is entitled to select for
9 each office.
10 Upon completing his or her selection of candidates or
11 public questions, the voter shall signify that voting has
12 been completed by activating the appropriate button, switch
13 or active area of the ballot screen associated with end of
14 voting. Upon activation, the voting system shall record an
15 image of the completed ballot, increment the proper ballot
16 position registers, and shall signify to the voter that the
17 ballot has been cast. Upon activation, the voting system
18 shall also print a permanent paper record of each ballot cast
19 as defined in Section 24C-2 of this Code. This permanent
20 paper record shall either be self-contained within the voting
21 device or shall be deposited by the voter into a secure
22 ballot box. No permanent paper record shall be removed from
23 the polling place except by election officials as authorized
24 by this Article. All permanent paper records shall be
25 preserved and secured by election officials in the same
26 manner as paper ballots and shall be available as an official
27 record for any recount, redundant count, or verification or
28 retabulation of the vote count conducted with respect to any
29 election in which the voting system is used. The voter
30 shall exit the voting station and the voting system shall
31 prevent any further attempt to vote until it has been
32 properly re-activated. If a voting device has been enabled
33 for voting but the voter leaves the polling place without
34 casting a ballot, 2 judges of election, one from each of the
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1 2 major political parties, shall spoil the ballot.
2 Throughout the election day and before the closing of the
3 polls, no person may check any vote totals for any candidate
4 or public question on the voting or counting equipment. Such
5 equipment shall be programmed so that no person may reset the
6 equipment for reentry of ballots unless provided the proper
7 code from an authorized representative of the election
8 authority.
9 The precinct judges of election shall check the public
10 register to determine whether the number of ballots counted
11 by the voting equipment agrees with the number of voters
12 voting as shown by the applications for ballot. If the same
13 do not agree, the judges of election shall immediately
14 contact the offices of the election authority in charge of
15 the election for further instructions. If the number of
16 ballots counted by the voting equipment agrees with the
17 number of voters voting as shown by the application for
18 ballot, the number shall be listed on the "Statement of
19 Ballots" form provided by the election authority.
20 The totals for all candidates and propositions shall be
21 tabulated; and 4 copies of a "Certificate of Results" shall
22 be printed by the automatic tabulating equipment; one copy
23 shall be posted in a conspicuous place inside the polling
24 place; and every effort shall be made by the judges of
25 election to provide a copy for each authorized pollwatcher or
26 other official authorized to be present in the polling place
27 to observe the counting of ballots; but in no case shall the
28 number of copies to be made available to pollwatchers be
29 fewer than 4, chosen by lot by the judges of election. In
30 addition, sufficient time shall be provided by the judges of
31 election to the pollwatchers to allow them to copy
32 information from the copy which has been posted.
33 If instructed by the election authority, the judges of
34 election shall cause the tabulated returns to be transmitted
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1 electronically to the offices of the election authority via
2 modem or other electronic medium.
3 The precinct judges of election shall select a
4 bi-partisan team of 2 judges, who shall immediately return
5 the ballots in a sealed container, along with all other
6 election materials and equipment as instructed by the
7 election authority; provided, however, that such container
8 must first be sealed by the election judges with filament
9 tape or other approved sealing devices provided for the
10 purpose in a manner that the ballots cannot be removed from
11 the container without breaking the seal or filament tape and
12 disturbing any signatures affixed by the election judges to
13 the container. The election authority shall keep the office
14 of the election authority or any receiving stations
15 designated by the authority, open for at least 12 consecutive
16 hours after the polls close or until the ballots and election
17 material and equipment from all precincts within the
18 jurisdiction of the election authority have been returned to
19 the election authority. Ballots and election materials and
20 equipment returned to the office of the election authority
21 which are not signed and sealed as required by law shall not
22 be accepted by the election authority until the judges
23 returning the ballots make and sign the necessary
24 corrections. Upon acceptance of the ballots and election
25 materials and equipment by the election authority, the judges
26 returning the ballots shall take a receipt signed by the
27 election authority and stamped with the time and date of the
28 return. The election judges whose duty it is to return any
29 ballots and election materials and equipment as provided
30 shall, in the event the ballots, materials or equipment
31 cannot be found when needed, on proper request, produce the
32 receipt which they are to take as above provided.
33 (10 ILCS 5/24C-13 new)
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1 Sec. 24C-13. Absentee ballots; Proceedings at Location
2 for Central Counting; Employees; Approval of List.
3 (a) All jurisdictions using Direct Recording Electronic
4 Voting Systems shall use paper ballots or paper ballot sheets
5 approved for use under Articles 16, 24A of 24B of this Code
6 when conducting absentee voting except that Direct Recording
7 Electronic Voting Systems may be used for in-person absentee
8 voting conducted pursuant to Section 19-2.1 of this Code.
9 All absentee ballots shall be counted at the office of the
10 election authority. The provisions of Section 24A-9, 24B-9
11 and 24C-9 of this Code shall apply to the testing and notice
12 requirements for central count tabulation equipment,
13 including comparing the signature on the ballot envelope with
14 the signature of the voter on the permanent voter
15 registration record card taken from the master file.
16 Absentee ballots other than absentee ballots voted in person
17 pursuant to Section 19-2.1 of this Code shall be examined and
18 processed pursuant to Sections 19-9 and 20-9 of this Code.
19 Vote results shall be recorded by precinct and shall be added
20 to the vote results for the precinct in which the absent
21 voter was eligible to vote prior to completion of the
22 official canvass.
23 (b) All proceedings at the location for central counting
24 shall be under the direction of the county clerk or board of
25 election commissioners. Except for any specially trained
26 technicians required for the operation of the Direct
27 Recording Electronic Voting System, the employees at the
28 counting station shall be equally divided between members of
29 the 2 leading political parties and all duties performed by
30 the employees shall be by teams consisting of an equal number
31 of members of each political party. Thirty days before an
32 election the county clerk or board of election commissioners
33 shall submit to the chairman of each political party, for his
34 or her approval or disapproval, a list of persons of his or
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1 her party proposed to be employed. If a chairman fails to
2 notify the election authority of his or her disapproval of
3 any proposed employee within a period of 10 days thereafter
4 the list shall be deemed approved.
5 (10 ILCS 5/24C-14 new)
6 Sec. 24C-14. Tabulating Votes; Direction; Presence of
7 Public; Computer Operator's Log and Canvass. The procedure
8 for tabulating the votes by the Direct Recording Electronic
9 Voting System shall be under the direction of the election
10 authority and shall conform to the requirements of the Direct
11 Recording Electronic Voting System. During any
12 election-related activity using the automatic Direct
13 Recording Electronic Voting System equipment, the election
14 authority shall make a reasonable effort to dedicate the
15 equipment to vote processing to ensure the security and
16 integrity of the system.
17 A reasonable number of pollwatchers shall be admitted to
18 the counting location. Such persons may observe the
19 tabulating process at the discretion of the election
20 authority; however, at least one representative of each
21 established political party and authorized agents of the
22 State Board of Elections shall be permitted to observe this
23 process at all times. No persons except those employed and
24 authorized for the purpose shall touch any ballot, ballot
25 box, return, or equipment.
26 The computer operator shall be designated by the election
27 authority and shall be sworn as a deputy of the election
28 authority. In conducting the vote tabulation and canvass,
29 the computer operator must maintain a log which shall include
30 the following information:
31 (a) alterations made to programs associated with the
32 vote counting process;
33 (b) if applicable, console messages relating to the
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1 program and the respective responses made by the
2 operator;
3 (c) the starting time for each precinct counted, the
4 number of ballots counted for each precinct, any
5 equipment problems and, insofar as practicable, the
6 number of invalid security designations encountered
7 during that count; and
8 (d) changes and repairs made to the equipment during
9 the vote tabulation and canvass.
10 The computer operator's log and canvass shall be
11 available for public inspection in the office of the election
12 authority for a period of 60 days following the proclamation
13 of election results. A copy of the computer operator's log
14 and the canvass shall be transmitted to the State Board of
15 Elections upon its request and at its expense.
16 (10 ILCS 5/24C-15 new)
17 Sec. 24C-15. Official Return of Precinct; Check of
18 Totals; Audit. The precinct return printed by the Direct
19 Recording Electronic Voting System tabulating equipment shall
20 include the number of ballots cast and votes cast for each
21 candidate and public question and shall constitute the
22 official return of each precinct. In addition to the
23 precinct return, the election authority shall provide the
24 number of applications for ballots in each precinct, the
25 total number of ballots and absentee ballots counted in each
26 precinct for each political subdivision and district and the
27 number of registered voters in each precinct. However, the
28 election authority shall check the totals shown by the
29 precinct return and, if there is an obvious discrepancy
30 regarding the total number of votes cast in any precinct,
31 shall have the ballots for that precinct audited to correct
32 the return. The procedures for this audit shall apply prior
33 to and after the proclamation is completed; however, after
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1 the proclamation of results, the election authority must
2 obtain a court order to unseal voted ballots or voting
3 devices except for election contests and discovery recounts.
4 The certificate of results, which has been prepared and
5 signed by the judges of election in the polling place after
6 the ballots have been tabulated, shall be the document used
7 for the canvass of votes for such precinct. Whenever a
8 discrepancy exists during the canvass of votes between the
9 unofficial results and the certificate of results, or
10 whenever a discrepancy exists during the canvass of votes
11 between the certificate of results and the set of totals
12 reflected on the certificate of results, the ballots for that
13 precinct shall be audited to correct the return.
14 Prior to the proclamation, the election authority shall
15 test the voting devices and equipment in 1% of the precincts
16 within the election jurisdiction. The precincts to be tested
17 shall be selected after election day on a random basis by the
18 election authority, so that every precinct in the election
19 jurisdiction has an equal mathematical chance of being
20 selected. The State Board of Elections shall design a
21 standard and scientific random method of selecting the
22 precincts that are to be tested, and the election authority
23 shall be required to use that method. The State Board of
24 Elections, the State's Attorney and other appropriate law
25 enforcement agencies, the county chairman of each established
26 political party and qualified civic organizations shall be
27 given prior written notice of the time and place of the
28 random selection procedure and may be represented at the
29 procedure.
30 The test shall be conducted by counting the votes marked
31 on the permanent paper record of each ballot cast in the
32 tested precinct printed by the voting system at the time that
33 each ballot was cast and comparing the results of this count
34 with the results shown by the certificate of results prepared
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1 by the Direct Recording Electronic voting system in the test
2 precinct. The election authority shall test count these
3 votes either by hand or by using an automatic tabulating
4 device other than a Direct Recording Electronic voting device
5 that has been approved by the State Board of Elections for
6 that purpose and tested before use to ensure accuracy. The
7 election authority shall print the results of each test
8 count. If any error is detected, the cause shall be
9 determined and corrected, and an errorless count shall be
10 made prior to the official canvass and proclamation of
11 election results. If an errorless count cannot be conducted
12 and there continues to be difference in vote results between
13 the certificate of results produced by the Direct Recording
14 Electronic voting system and the count of the permanent paper
15 records or if an error was detected and corrected, the
16 election authority shall immediately prepare and forward to
17 the appropriate canvassing board a written report explaining
18 the results of the test and any errors encountered and the
19 report shall be made available for public inspection.
20 The State Board of Elections, the State's Attorney and
21 other appropriate law enforcement agencies, the county
22 chairman of each established political party and qualified
23 civic organizations shall be given prior written notice of
24 the time and place of the test and may be represented at the
25 test.
26 The results of this post-election test shall be treated
27 in the same manner and have the same effect as the results of
28 the discovery procedures set forth in Section 22-9.1 of this
29 Code.
30 (10 ILCS 5/24C-15.01 new)
31 Sec. 24C-15.01. Transporting Ballots to Central Counting
32 Station; Container. Upon completion of the tabulation, audit
33 or test of voting equipment pursuant to Sections 24C-11
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1 through 24C-15, the ballots and the medium containing the
2 ballots from each precinct shall be replaced in the container
3 in which they were transported to the central counting
4 station. If the container is not a type which may be
5 securely locked, then each container, before being
6 transferred from the counting station to storage, shall be
7 securely sealed.
8 (10 ILCS 5/24C-15.1 new)
9 Sec. 24C-15.1. Discovery, Recounts and Election Contests.
10 Except as provided, discovery recounts and election contests
11 shall be conducted as otherwise provided for in this Code.
12 The Direct Recording Electronic Voting System equipment shall
13 be tested prior to the discovery recount or election contest
14 as provided in Section 24C-9, and then the official ballots
15 shall be audited.
16 Any person who has filed a petition for discovery recount
17 may request that a redundant count be conducted in those
18 precincts in which the discovery recount is being conducted.
19 The additional costs of a redundant count shall be borne by
20 the requesting party.
21 The log of the computer operator and all materials
22 retained by the election authority in relation to vote
23 tabulation and canvass shall be made available for any
24 discovery recount or election contest.
25 (10 ILCS 5/24C-16 new)
26 Sec. 24C-16. Approval of Direct Recording Electronic
27 Voting Systems; Requisites. The State Board of Elections
28 shall approve all Direct Recording Electronic Voting Systems
29 that fulfill the functional requirements provided by Section
30 24C-11 of this Code, the mandatory requirements of the
31 federal voting system standards pertaining to Direct
32 Recording Electronic voting systems promulgated by the
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1 Federal Election Commission or the Election Assistance
2 Commission, the testing requirements of an approved
3 independent testing authority and the rules of the State
4 Board of Elections.
5 The State Board of Elections is authorized to withdraw
6 its approval of a Direct Recording Electronic Voting System
7 if the System, once approved, fails to fulfill the above
8 requirements.
9 No vendor, person or other entity may sell, lease or loan
10 a Direct Recording Electronic Voting System or system
11 component to any election jurisdiction unless the system or
12 system component is first approved by the State Board of
13 Elections pursuant to this Section.
14 (10 ILCS 5/24C-17 new)
15 Sec. 24C-17. Rules; Number of Voting Stations. The State
16 Board of Elections may make reasonable rules for the
17 administration of this Article and may prescribe the number
18 of voting stations required for the various types of voting
19 systems.
20 (10 ILCS 5/24C-18 new)
21 Sec. 24C-18. Specimen Ballots; Publication. When a
22 Direct Recording Electronic Voting System is used, the
23 election authority shall cause to be published, at least 5
24 days before the day of each general and general primary
25 election, in 2 or more newspapers published in and having a
26 general circulation in the county, a true and legible copy of
27 the specimen ballot containing the names of offices and
28 candidates and public questions to be voted on, as near as
29 may be, in the form in which they will appear on the official
30 ballot on election day. A true legible copy may be in the
31 form of an actual size ballot and shall be published as
32 required by this Section if distributed in 2 or more
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1 newspapers published and having a general circulation in the
2 county as an insert. For each election prescribed in Article
3 2A of this Code, specimen ballots shall be made available for
4 public distribution and shall be supplied to the judges of
5 election for posting in the polling place on the day of
6 election. Notice for the consolidated elections shall be
7 given as provided in Article 12.
8 (10 ILCS 5/24C-19 new)
9 Sec. 24C-19. Additional Method of Voting. The foregoing
10 Sections of this Article shall be deemed to provide a method
11 of voting in addition to the methods otherwise provided in
12 this Code.
13 Section 10. The State Finance Act is amended by adding
14 Section 5.595 as follows:
15 (30 ILCS 105/5.595 new)
16 Sec. 5.595. The Help Illinois Vote Fund.
17 Section 15. The Property Tax Code is amended by changing
18 Section 5-5 as follows:
19 (35 ILCS 200/5-5)
20 Sec. 5-5. Election of commissioners of board of review;
21 counties of 3,000,000 or more.
22 (a) In counties with 3,000,000 or more inhabitants, on
23 the first Tuesday after the first Monday in November 1994, 2
24 commissioners of the board of appeals shall be elected to
25 hold office from the first Monday in December following their
26 election and until the first Monday in December 1998. In case
27 of any vacancy, the chief judge of the circuit court or any
28 judge of that circuit designated by the chief judge shall
29 fill the vacancy by appointment. The commissioners shall be
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1 electors in the particular county at the time of their
2 election or appointment and shall hold no other lucrative
3 public office or public employment. Each commissioner shall
4 receive compensation fixed by the county board, which shall
5 be paid out of the county treasury and which shall not be
6 changed during the term for which any commissioner is elected
7 or appointed. Effective the first Monday in December 1998,
8 the board of appeals is abolished.
9 The board of appeals shall maintain sufficient
10 evidentiary records to support all decisions made by the
11 board of appeals. All records, data, sales/ratio studies,
12 and other information necessary for the board of review
13 elected under subsection (c) to perform its functions and
14 duties shall be transferred by the board of appeals to the
15 board of review on the first Monday in December 1998.
16 (b) (Blank).
17 (c) In each county with 3,000,000 or more inhabitants,
18 there is created a board of review. The board of review shall
19 consist of 3 commissioners, one elected from each election
20 district in the county at the general election in 1998 to
21 hold office for a term beginning on the first Monday in
22 December following their election and until their respective
23 successors are elected and qualified.
24 No later than June 1, 1996, the General Assembly shall
25 establish the boundaries for the 3 election districts in each
26 county with 3,000,000 or more inhabitants. The election
27 districts shall be compact, contiguous, and have
28 substantially the same population based on the 1990 federal
29 decennial census. One district shall be designated as the
30 first election district, one as the second election district,
31 and one as the third election district. The commissioner from
32 each district shall be elected to a term of 4 years.
33 In the year following each federal decennial census, the
34 General Assembly shall reapportion the election districts to
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1 reflect the results of the census. The reapportioned
2 districts shall be compact, contiguous, and contain
3 substantially the same population. The commissioner from the
4 first district shall be elected to terms of 4 years, 4 years,
5 and 2 years. The commissioner from the second district shall
6 be elected to terms of 4 years, 2 years, and 4 years. The
7 commissioner from the third district shall be elected to
8 terms of 2 years, 4 years, and 4 years.
9 In case of vacancy, the chief judge of the circuit court
10 or any judge of the circuit court designated by the chief
11 judge shall fill the vacancy by appointment of a person from
12 the same political party. If the vacancy is filled with more
13 than 28 months remaining in the term, the appointed
14 commissioner shall serve until the next general election, at
15 which time a commissioner shall be elected to serve for the
16 remainder of the term. If a vacancy is filled with 28 months
17 or less remaining in the term, the appointment shall be for
18 the remainder of the term. No commissioner may be elected or
19 appointed to the board of review unless he or she has resided
20 in the election district he or she seeks to represent for at
21 least 2 years before the date of the election or appointment.
22 In the election following each federal decennial census and
23 board of review redistricting, a candidate for commissioner
24 may be elected from any election district that contains a
25 part of the election district in which he or she resided at
26 the time of the redistricting and re-elected if a resident of
27 the new district he or she represents for 18 months prior to
28 re-election. The commissioners shall be electors within
29 their respective election district at the time of their
30 election or appointment and shall hold no other lucrative
31 public office or public employment.
32 Each commissioner shall receive compensation fixed by the
33 county board, which shall be paid from the county treasury.
34 Compensation for each commissioner shall be equitable and
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1 shall not be changed during the term for which that
2 commissioner is elected or appointed. The county shall
3 provide suitable office space for the board of review.
4 For the year beginning on the first Monday in December
5 1998 and ending the first Monday in December 1999, and every
6 fourth year thereafter, the chair of the board shall be the
7 commissioner elected from the first district. For the year
8 beginning the first Monday in December 1999 and ending the
9 first Monday in December 2000, and every fourth year
10 thereafter, the chair of the board shall be the commissioner
11 elected from the second district. For the year beginning the
12 first Monday in December 2000 and ending the first Monday in
13 December 2001, and every fourth year thereafter, the chair
14 shall be the commissioner elected from the third district.
15 For the year beginning the first Monday in December 2001 and
16 ending the first Monday in December 2002, and every fourth
17 year thereafter, the chair of the board shall be determined
18 by lot.
19 On and after the first Monday in December, 1998, any
20 reference in this Code to a board of appeals shall mean the
21 board of review created under this subsection, and any
22 reference to a member of a board of review shall mean a
23 commissioner of a board of review. Whenever it may be
24 necessary for purposes of determining its jurisdiction, the
25 board of review shall be deemed to succeed to the powers and
26 duties of the former board of appeals; provided that the
27 board of review shall also have all of the powers and duties
28 granted to it under this Code. All action of the board of
29 review shall be by a majority vote of its commissioners.
30 (Source: P.A. 91-393, eff. 7-30-99; 91-425, eff. 8-6-99.)
31 Section 20. The School Code is amended by changing
32 Section 22-21 as follows:
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1 (105 ILCS 5/22-21) (from Ch. 122, par. 22-21)
2 Sec. 22-21. Elections-Use of school buildings.
3 (a) Every school board shall offer to the appropriate
4 officer or board having responsibility for providing polling
5 places for elections the use of any and all buildings under
6 its jurisdiction for any and all elections to be held, if so
7 requested by such appropriate officer or board.
8 (b) Election officers shall place 2 or more cones, small
9 United States national flags, or some other marker a distance
10 of 100 horizontal feet from each entrance to the room used by
11 voters to engage in voting, which shall be known as the
12 polling room. If the polling room is located within a
13 building that is a public or private school or a church or
14 other organization founded for the purpose of religious
15 worship and the distance of 100 horizontal feet ends within
16 the interior of the building, then the markers shall be
17 placed outside of the building at each entrance used by
18 voters to enter that building on the grounds adjacent to the
19 thoroughfare or walkway. If the polling room is located
20 within a public or private building with 2 or more floors and
21 the polling room is located on the ground floor, then the
22 markers shall be placed 100 horizontal feet from each
23 entrance to the polling room used by voters to engage in
24 voting. If the polling room is located in a public or private
25 building with 2 or more floors and the polling room is
26 located on a floor above or below the ground floor, then the
27 markers shall be placed a distance of 100 feet from the
28 nearest elevator or staircase used by voters on the ground
29 floor to access the floor where the polling room is located.
30 The area within where the markers are placed shall be known
31 as a campaign free zone, and electioneering is prohibited
32 pursuant to this subsection.
33 Notwithstanding any other provision of this Code, the
34 area on polling place property beyond the campaign free zone,
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1 whether publicly or privately owned, is a public forum for
2 the time that the polls are open on an election day. At the
3 request of election officers any publicly owned building must
4 be made available for use as a polling place. A person shall
5 have the right to congregate and engage in electioneering on
6 any polling place property while the polls are open beyond
7 the campaign free zone, including but not limited to, the
8 placement of temporary signs. This subsection shall be
9 construed liberally in favor of persons engaging in
10 electioneering on all polling place property beyond the
11 campaign free zone for the time that the polls are open on an
12 election day.
13 (Source: Laws 1965, p. 2477.).
14 Section 90. The State Mandates Act is amended by adding
15 Section 8.27 as follows:
16 (30 ILCS 805/8.27 new)
17 Sec. 8.27. Exempt mandate. Notwithstanding Sections 6
18 and 8 of this Act, no reimbursement by the State is required
19 for the implementation of any mandate created by this
20 amendatory Act of the 93rd General Assembly.
21 Section 97. Severability. The provisions of this
22 amendatory Act of the 93rd General Assembly are severable
23 under Section 1.31 of the Statute on Statutes.
24 Section 99. Effective date. This Act takes effect upon
25 becoming law.".