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Rep. Barbara Flynn Currie
Filed: 5/15/2012
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1 | | AMENDMENT TO SENATE BILL 3722
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2 | | AMENDMENT NO. ______. Amend Senate Bill 3722 by replacing |
3 | | everything after the enacting clause with the following:
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4 | | "Section 5. The Election Code is amended by changing |
5 | | Sections 4-50, 5-50, 6-100, 9-1.8, 9-1.9, 9-1.15, 9-2, 9-7, |
6 | | 9-8.5, 9-8.6, 9-10, 9-15, 17-9, 18A-5, 19-2.1, 19-3, and 19A-15 |
7 | | and by adding Section 1-11 as follows: |
8 | | (10 ILCS 5/1-11 new) |
9 | | Sec. 1-11. Public university registration and voting. For |
10 | | the 2012 general election, each appropriate election authority |
11 | | shall conduct grace period registration and early voting in a |
12 | | high traffic location on the campus of a public university |
13 | | within the election authority's jurisdiction. For the purposes |
14 | | of this Section, "public university" means the University of |
15 | | Illinois at its campuses in Urbana-Champaign and Springfield, |
16 | | Southern Illinois University at its campuses in Carbondale and |
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1 | | Edwardsville, Eastern Illinois University, Illinois State |
2 | | University, Northern Illinois University, and Western Illinois |
3 | | University at its campuses in Macomb and Moline. The |
4 | | registration conducted under this Section shall be available to |
5 | | any qualified resident of this State. The registration and |
6 | | voting required by this Section to be conducted on campus must |
7 | | be conducted as otherwise required by this Code. Each public |
8 | | university shall make the space available in a high traffic |
9 | | area for, and cooperate and coordinate with the appropriate |
10 | | election authority in, the implementation of this Section. This |
11 | | Section is repealed on May 31, 2013. |
12 | | (10 ILCS 5/4-50) |
13 | | Sec. 4-50. Grace period. Notwithstanding any other |
14 | | provision of this
Code to the contrary, each election authority |
15 | | shall
establish procedures for the registration of voters and |
16 | | for change of address during the period from the close of
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17 | | registration for a primary or election and until the 3rd 7th |
18 | | day before the
primary or election. During this grace period, |
19 | | an unregistered qualified
elector may
register to vote, and a |
20 | | registered voter may submit a change of address form, in person |
21 | | in the office of the election
authority or at a voter |
22 | | registration location specifically designated for this
purpose |
23 | | by the election authority. The election authority shall
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24 | | register that individual, or change a registered voter's |
25 | | address, in the same manner as otherwise provided by this |
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1 | | Article for registration and change of address. |
2 | | If a voter who registers or changes address during this |
3 | | grace period wishes to vote at the first election or primary |
4 | | occurring after the grace period, he or she must do so by grace |
5 | | period voting, either in person in the office of the election |
6 | | authority or at a location specifically designated for this |
7 | | purpose by the election authority, or by mail, at the |
8 | | discretion of the election authority. Grace period voting shall |
9 | | be in a manner substantially similar to voting under Article |
10 | | 19. |
11 | | Within one day after a voter casts a grace period ballot, |
12 | | the election authority shall transmit the voter's name, street |
13 | | address, and precinct, ward, township, and district numbers, as |
14 | | the case may be, to the State Board of Elections, which shall |
15 | | maintain those names and that information in an electronic |
16 | | format on its website, arranged by county and accessible to |
17 | | State and local political committees. The name of each person |
18 | | issued a grace period ballot shall also be placed on the |
19 | | appropriate precinct list of persons to whom absentee and early |
20 | | ballots have been issued, for use as provided in Sections 17-9 |
21 | | and 18-5. |
22 | | A person who casts a grace period ballot shall not be |
23 | | permitted to revoke that ballot and vote another ballot with |
24 | | respect to that primary or election. Ballots cast by persons |
25 | | who register or change address during the grace period must be |
26 | | transmitted to and counted at the election authority's central |
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1 | | ballot counting location and shall not be transmitted to and |
2 | | counted at precinct polling places.
The grace period ballots |
3 | | determined to be valid shall be added to the vote totals for |
4 | | the precincts for which they were cast in the order in which |
5 | | the ballots were opened.
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6 | | (Source: P.A. 96-441, eff. 1-1-10.) |
7 | | (10 ILCS 5/5-50) |
8 | | Sec. 5-50. Grace period. Notwithstanding any other |
9 | | provision of this
Code to the contrary, each election authority |
10 | | shall
establish procedures for the registration of voters and |
11 | | for change of address during the period from the close of
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12 | | registration for a primary or election and until the 3rd 7th |
13 | | day before the
primary or election. During this grace period, |
14 | | an unregistered qualified
elector may
register to vote, and a |
15 | | registered voter may submit a change of address form, in person |
16 | | in the office of the election
authority or at a voter |
17 | | registration location specifically designated for this
purpose |
18 | | by the election authority. The election authority shall
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19 | | register that individual, or change a registered voter's |
20 | | address, in the same manner as otherwise provided by this |
21 | | Article for registration and change of address. |
22 | |
If a voter who registers or changes address during this |
23 | | grace period wishes to vote at the first election or primary |
24 | | occurring after the grace period, he or she must do so by grace |
25 | | period voting, either in person in the office of the election |
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1 | | authority or at a location specifically designated for this |
2 | | purpose by the election authority, or by mail, at the |
3 | | discretion of the election authority. Grace period voting shall |
4 | | be in a manner substantially similar to voting under Article |
5 | | 19. |
6 | | Within one day after a voter casts a grace period ballot, |
7 | | the election authority shall transmit the voter's name, street |
8 | | address, and precinct, ward, township, and district numbers, as |
9 | | the case may be, to the State Board of Elections, which shall |
10 | | maintain those names and that information in an electronic |
11 | | format on its website, arranged by county and accessible to |
12 | | State and local political committees. The name of each person |
13 | | issued a grace period ballot shall also be placed on the |
14 | | appropriate precinct list of persons to whom absentee and early |
15 | | ballots have been issued, for use as provided in Sections 17-9 |
16 | | and 18-5. |
17 | | A person who casts a grace period ballot shall not be |
18 | | permitted to revoke that ballot and vote another ballot with |
19 | | respect to that primary or election. Ballots cast by persons |
20 | | who register or change address during the grace period must be |
21 | | transmitted to and counted at the election authority's central |
22 | | ballot counting location and shall not be transmitted to and |
23 | | counted at precinct polling places. The grace period ballots |
24 | | determined to be valid shall be added to the vote totals for |
25 | | the precincts for which they were cast in the order in which |
26 | | the ballots were opened.
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1 | | (Source: P.A. 96-441, eff. 1-1-10.) |
2 | | (10 ILCS 5/6-100) |
3 | | Sec. 6-100. Grace period. Notwithstanding any other |
4 | | provision of this
Code to the contrary, each election authority |
5 | | shall
establish procedures for the registration of voters and |
6 | | for change of address during the period from the close of
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7 | | registration for a primary or election and until the 3rd 7th |
8 | | day before the
primary or election. During this grace period, |
9 | | an unregistered qualified
elector may
register to vote, and a |
10 | | registered voter may submit a change of address form, in person |
11 | | in the office of the election
authority or at a voter |
12 | | registration location specifically designated for this
purpose |
13 | | by the election authority. The election authority shall
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14 | | register that individual, or change a registered voter's |
15 | | address, in the same manner as otherwise provided by this |
16 | | Article for registration and change of address. |
17 | | If a voter who registers or changes address during this |
18 | | grace period wishes to vote at the first election or primary |
19 | | occurring after the grace period, he or she must do so by grace |
20 | | period voting, either in person in the office of the election |
21 | | authority or at a location specifically designated for this |
22 | | purpose by the election authority, or by mail, at the |
23 | | discretion of the election authority. Grace period voting shall |
24 | | be in a manner substantially similar to voting under Article |
25 | | 19. |
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1 | | Within one day after a voter casts a grace period ballot, |
2 | | the election authority shall transmit the voter's name, street |
3 | | address, and precinct, ward, township, and district numbers, as |
4 | | the case may be, to the State Board of Elections, which shall |
5 | | maintain those names and that information in an electronic |
6 | | format on its website, arranged by county and accessible to |
7 | | State and local political committees. The name of each person |
8 | | issued a grace period ballot shall also be placed on the |
9 | | appropriate precinct list of persons to whom absentee and early |
10 | | ballots have been issued, for use as provided in Sections 17-9 |
11 | | and 18-5. |
12 | | A person who casts a grace period ballot shall not be |
13 | | permitted to revoke that ballot and vote another ballot with |
14 | | respect to that primary or election. Ballots cast by persons |
15 | | who register or change address during the grace period must be |
16 | | transmitted to and counted at the election authority's central |
17 | | ballot counting location and shall not be transmitted to and |
18 | | counted at precinct polling places. The grace period ballots |
19 | | determined to be valid shall be added to the vote totals for |
20 | | the precincts for which they were cast in the order in which |
21 | | the ballots were opened.
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22 | | (Source: P.A. 96-441, eff. 1-1-10.)
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23 | | (10 ILCS 5/9-1.8)
(from Ch. 46, par. 9-1.8)
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24 | | Sec. 9-1.8. Political committees. |
25 | | (a) "Political committee" includes a candidate political |
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1 | | committee, a political party committee, a political action |
2 | | committee, and a ballot initiative committee , and an |
3 | | independent expenditure committee . |
4 | | (b) "Candidate political committee" means the candidate |
5 | | himself or herself or any natural person, trust, partnership, |
6 | | corporation, or other organization or group of persons |
7 | | designated by the candidate that accepts contributions or makes |
8 | | expenditures during any 12-month period in an aggregate amount |
9 | | exceeding $3,000 on behalf of the candidate. |
10 | | (c) "Political party committee" means the State central |
11 | | committee of a political party, a county central committee of a |
12 | | political party, a legislative caucus committee, or a committee |
13 | | formed by a ward or township committeeman of a political party. |
14 | | For purposes of this Article, a "legislative caucus committee" |
15 | | means a committee established for the purpose of electing |
16 | | candidates to the General Assembly by the person elected |
17 | | President of the Senate, Minority Leader of the Senate, Speaker |
18 | | of the House of Representatives, Minority Leader of the House |
19 | | of Representatives, or a committee established by 5 or more |
20 | | members of the same caucus of the Senate or 10 or more members |
21 | | of the same caucus of the House of Representatives. |
22 | | (d) "Political action committee" means any natural person, |
23 | | trust, partnership, committee, association, corporation, or |
24 | | other organization or group of persons, other than a candidate, |
25 | | political party, candidate political committee, or political |
26 | | party committee, that accepts contributions or makes |
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1 | | expenditures during any 12-month period in an aggregate amount |
2 | | exceeding $3,000 on behalf of or in opposition to a candidate |
3 | | or candidates for public office. "Political action committee" |
4 | | includes any natural person, trust, partnership, committee, |
5 | | association, corporation, or other organization or group of |
6 | | persons, other than a candidate, political party, candidate |
7 | | political committee, or political party committee, that makes |
8 | | electioneering communications during any 12-month period in an |
9 | | aggregate amount exceeding $3,000 related to any candidate or |
10 | | candidates for public office. |
11 | | (e) "Ballot initiative committee" means any natural |
12 | | person, trust, partnership, committee, association, |
13 | | corporation, or other organization or group of persons that |
14 | | accepts contributions or makes expenditures during any |
15 | | 12-month period in an aggregate amount exceeding $3,000 in |
16 | | support of or in opposition to any question of public policy to |
17 | | be submitted to the electors. "Ballot initiative committee" |
18 | | includes any natural person, trust, partnership, committee, |
19 | | association, corporation, or other organization or group of |
20 | | persons that makes electioneering communications during any |
21 | | 12-month period in an aggregate amount exceeding $3,000 related |
22 | | to any question of public policy to be submitted to the voters. |
23 | | The $3,000 threshold applies to any contributions or |
24 | | expenditures received or made with the purpose of securing a |
25 | | place on the ballot for, advocating the defeat or passage of, |
26 | | or engaging in electioneering communication regarding the |
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1 | | question of public policy, regardless of the method of |
2 | | initiation of the question of public policy and regardless of |
3 | | whether petitions have been circulated or filed with the |
4 | | appropriate office or whether the question has been adopted and |
5 | | certified by the governing body. |
6 | | (f) "Independent expenditure committee" means any trust, |
7 | | partnership, committee, association, corporation, or other |
8 | | organization or group of persons that makes independent |
9 | | expenditures during any 12-month period in an aggregate amount |
10 | | exceeding $3,000 in support of or in opposition to (i) the |
11 | | nomination for election, election, retention, or defeat of any |
12 | | public official or candidate or (ii) any question of public |
13 | | policy to be submitted to the electors. "Independent |
14 | | expenditure committee" also includes any trust, partnership, |
15 | | committee, association, corporation, or other organization or |
16 | | group of persons that makes electioneering communications |
17 | | during any 12-month period in an aggregate amount exceeding |
18 | | $3,000 related to (i) the nomination for election, election, |
19 | | retention, or defeat of any public official or candidate or |
20 | | (ii) any question of public policy to be submitted to the |
21 | | voters.
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22 | | (Source: P.A. 95-963, eff. 1-1-09; 96-832, eff. 1-1-11 .)
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23 | | (10 ILCS 5/9-1.9)
(from Ch. 46, par. 9-1.9)
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24 | | Sec. 9-1.9. Election cycle. "Election cycle" means any of |
25 | | the following: |
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1 | | (1) For a candidate political committee organized to |
2 | | support a candidate to be elected at a general primary election |
3 | | or general election, (i) the period beginning January 1 |
4 | | following the general election for the office to which a |
5 | | candidate seeks nomination or election and ending on the day of |
6 | | the general primary election for that office or (ii) the period |
7 | | beginning the day after a general primary election for the |
8 | | office to which the candidate seeks nomination or election and |
9 | | through December 31 following the general election. |
10 | | (2) Notwithstanding paragraph (1), for a candidate |
11 | | political committee organized to support a candidate for the |
12 | | General Assembly, (i) the period beginning January 1 following |
13 | | a general election and ending on the day of the next general |
14 | | primary election or (ii) the period beginning the day after the |
15 | | general primary election and ending on December 31 following a |
16 | | general election. |
17 | | (3) For a candidate political committee organized to |
18 | | support a candidate for a retention election, (i) the period |
19 | | beginning January 1 following the general election at which the |
20 | | candidate was elected through the day the candidate files a |
21 | | declaration of intent to seek retention or (ii) the period |
22 | | beginning the day after the candidate files a declaration of |
23 | | intent to seek retention through December 31 following the |
24 | | retention election. |
25 | | (4) For a candidate political committee organized to |
26 | | support a candidate to be elected at a consolidated primary |
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1 | | election or consolidated election, (i) the period beginning |
2 | | July 1 following a consolidated election and ending on the day |
3 | | of the consolidated primary election or (ii) the period |
4 | | beginning the day after the consolidated primary election and |
5 | | ending on June 30 following a consolidated election. |
6 | | (5) For a political party committee, political action |
7 | | committee, or ballot initiative committee, or independent |
8 | | expenditure committee, the period beginning on January 1 and |
9 | | ending on December 31 of each calendar year.
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10 | | (Source: P.A. 96-832, eff. 1-1-11 .)
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11 | | (10 ILCS 5/9-1.15) |
12 | | Sec. 9-1.15. Independent expenditure. "Independent |
13 | | expenditure" means any payment, gift, donation, or expenditure |
14 | | of funds (i) by a natural person or political committee for the |
15 | | purpose of making electioneering communications or of |
16 | | expressly advocating for or against the nomination for |
17 | | election, election, retention, or defeat of a clearly |
18 | | identifiable public official or candidate or for or against any |
19 | | question of public policy to be submitted to the voters and |
20 | | (ii) that is not made in connection, consultation, or concert |
21 | | with or at the request or suggestion of the public official or |
22 | | candidate, the public official's or candidate's designated |
23 | | political committee or campaign, or the agent or agents of the |
24 | | public official, candidate, or political committee or |
25 | | campaign.
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1 | | (Source: P.A. 96-832, eff. 7-1-10 .)
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2 | | (10 ILCS 5/9-2) (from Ch. 46, par. 9-2)
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3 | | Sec. 9-2. Political committee designations. |
4 | | (a) Every political committee shall be designated as a (i) |
5 | | candidate political committee, (ii) political party committee, |
6 | | (iii) political action committee, or (iv) ballot initiative |
7 | | committee , or (v) independent expenditure committee . |
8 | | (b) Beginning January 1, 2011, no public official or |
9 | | candidate for public office may maintain or establish more than |
10 | | one candidate political committee for each office that public |
11 | | official or candidate holds or is seeking. The name of each |
12 | | candidate political committee shall identify the name of the |
13 | | public official or candidate supported by the candidate |
14 | | political committee. If a candidate establishes separate |
15 | | candidate political committees for each public office, the name |
16 | | of each candidate political committee shall also include the |
17 | | public office to which the candidate seeks nomination for |
18 | | election, election, or retention. If a candidate establishes |
19 | | one candidate political committee for multiple offices elected |
20 | | at different elections, then the candidate shall designate an |
21 | | election cycle, as defined in Section 9-1.9, for purposes of |
22 | | contribution limitations and reporting requirements set forth |
23 | | in this Article.
No political committee, other than a candidate |
24 | | political committee, may include the name of a candidate in its |
25 | | name. |
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1 | | (c) Beginning January 1, 2011, no State central committee |
2 | | of a political party, county central committee of a political |
3 | | party, committee formed by a ward or township committeeman, or |
4 | | committee established for the purpose of electing candidates to |
5 | | the General Assembly may maintain or establish more than one |
6 | | political party committee. The name of the committee must |
7 | | include the name of the political party. |
8 | | (d) Beginning January 1, 2011, no natural person, trust, |
9 | | partnership, committee, association, corporation, or other |
10 | | organization or group of persons forming a political action |
11 | | committee shall maintain or establish more than one political |
12 | | action committee. The name of a political action committee must |
13 | | include the name of the entity forming the committee. |
14 | | (e) Beginning January 1, 2011, the name of a ballot |
15 | | initiative committee must include words describing the |
16 | | question of public policy and whether the group supports or |
17 | | opposes the question. |
18 | | (f) Every political committee shall designate a chairman
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19 | | and a treasurer. The same person may serve as both chairman and
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20 | | treasurer of any political committee.
A candidate who |
21 | | administers his own campaign contributions and
expenditures |
22 | | shall be deemed a political committee for purposes of this
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23 | | Article and shall designate himself as chairman, treasurer, or |
24 | | both
chairman and treasurer of such political committee. The |
25 | | treasurer of a
political committee shall be responsible for |
26 | | keeping the records and
filing the statements and reports |
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1 | | required by this Article.
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2 | | (g) No contribution and no expenditure shall be accepted or |
3 | | made by or on
behalf of a political committee at a time when |
4 | | there is a vacancy in the
office of chairman or treasurer |
5 | | thereof. No expenditure shall be made
for or on behalf of a |
6 | | political committee without the authorization of
its chairman |
7 | | or treasurer, or their designated agents.
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8 | | (h) For purposes of implementing the changes made by this |
9 | | amendatory Act of the 96th General Assembly, every political |
10 | | committee in existence on the effective date of this amendatory |
11 | | Act of the 96th General Assembly shall make the designation |
12 | | required by this Section by December 31, 2010. |
13 | | (Source: P.A. 96-832, eff. 7-1-10 .)
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14 | | (10 ILCS 5/9-7) (from Ch. 46, par. 9-7)
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15 | | Sec. 9-7. Records and accounts. |
16 | | (1) Except as provided in subsection (2), the The treasurer |
17 | | of a political committee shall keep a detailed and exact
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18 | | account of-
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19 | | (a) the total of all contributions made to or for the |
20 | | committee;
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21 | | (b) the full name and mailing address of every person |
22 | | making a
contribution and the date and amount thereof;
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23 | | (c) the total of all expenditures made by or on behalf |
24 | | of the committee;
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25 | | (d) the full name and mailing address of every person |
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1 | | to whom any
expenditure is made, and the date and amount |
2 | | thereof;
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3 | | (e) proof of payment, stating the particulars, for |
4 | | every expenditure made by or on behalf of the committee.
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5 | | The treasurer shall preserve all records and accounts |
6 | | required
by this section for a period of 2 years. |
7 | | (2) The treasurer of a political committee shall keep a |
8 | | detailed and exact account of the total amount of contributions |
9 | | made to or for a committee at an event licensed under Section |
10 | | 8.1 of the Raffles Act. For an event licensed under Section |
11 | | 8.1, the treasurer is not required to keep a detailed and exact |
12 | | account of the full name and mailing address of a person who |
13 | | purchases tickets at the event in an amount that does not |
14 | | exceed $150.
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15 | | (Source: P.A. 96-832, eff. 1-1-11 .)
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16 | | (10 ILCS 5/9-8.5) |
17 | | Sec. 9-8.5. Limitations on campaign contributions. |
18 | | (a) It is unlawful for a political committee to accept |
19 | | contributions except as provided in this Section. |
20 | | (b) During an election cycle, a candidate political |
21 | | committee may not accept contributions with an aggregate value |
22 | | over the following: (i) $5,000 from any individual, (ii) |
23 | | $10,000 from any corporation, labor organization, or |
24 | | association, or (iii) $50,000 from a candidate political |
25 | | committee or political action committee. A candidate political |
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1 | | committee may accept contributions in any amount from a |
2 | | political party committee except during an election cycle in |
3 | | which the candidate seeks nomination at a primary election. |
4 | | During an election cycle in which the candidate seeks |
5 | | nomination at a primary election, a candidate political |
6 | | committee may not accept contributions from political party |
7 | | committees with an aggregate value over the following: (i) |
8 | | $200,000 for a candidate political committee established to |
9 | | support a candidate seeking nomination to statewide office, |
10 | | (ii) $125,000 for a candidate political committee established |
11 | | to support a candidate seeking nomination to the Senate, the |
12 | | Supreme Court or Appellate Court in the First Judicial |
13 | | District, or an office elected by all voters in a county with |
14 | | 1,000,000 or more residents, (iii) $75,000 for a candidate |
15 | | political committee established to support a candidate seeking |
16 | | nomination to the House of Representatives, the Supreme Court |
17 | | or Appellate Court for a Judicial District other than the First |
18 | | Judicial District, an office elected by all voters of a county |
19 | | of fewer than 1,000,000 residents, and municipal and county |
20 | | offices in Cook County other than those elected by all voters |
21 | | of Cook County, and (iv) $50,000 for a candidate political |
22 | | committee established to support the nomination of a candidate |
23 | | to any other office.
A candidate political committee |
24 | | established to elect a candidate to the General Assembly may |
25 | | accept contributions from only one legislative caucus |
26 | | committee. A candidate political committee may not accept |
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1 | | contributions from a ballot initiative committee. |
2 | | (c) During an election cycle, a political party committee |
3 | | may not accept contributions with an aggregate value over the |
4 | | following: (i) $10,000 from any individual, (ii) $20,000 from |
5 | | any corporation, labor organization, or association, or (iii) |
6 | | $50,000 from a political action committee. A political party |
7 | | committee may accept contributions in any amount from another |
8 | | political party committee or a candidate political committee, |
9 | | except as provided in subsection (c-5). Nothing in this Section |
10 | | shall limit the amounts that may be transferred between a State |
11 | | political party committee established under subsection (a) of |
12 | | Section 7-8 of this Code and an affiliated federal political |
13 | | committee established under the Federal Election Code by the |
14 | | same political party . A political party committee may not |
15 | | accept contributions from a ballot initiative committee. A |
16 | | political party committee established by a legislative caucus |
17 | | may not accept contributions from another political party |
18 | | committee established by a legislative caucus. |
19 | | (c-5) During the period beginning on the date candidates |
20 | | may begin circulating petitions for a primary election and |
21 | | ending on the day of the primary election, a political party |
22 | | committee may not accept contributions with an aggregate value |
23 | | over $50,000 from a candidate political committee or political |
24 | | party committee. A political party committee may accept |
25 | | contributions in any amount from a candidate political |
26 | | committee or political party committee if the political party |
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1 | | committee receiving the contribution filed a statement of |
2 | | nonparticipation in the primary as provided in subsection |
3 | | (c-10). The Task Force on Campaign Finance Reform shall study |
4 | | and make recommendations on the provisions of this subsection |
5 | | to the Governor and General Assembly by September 30, 2012. |
6 | | This subsection becomes inoperative on July 1, 2013 and |
7 | | thereafter no longer applies. |
8 | | (c-10) A political party committee that does not intend to |
9 | | make contributions to candidates to be nominated at a general |
10 | | primary election or consolidated primary election may file a |
11 | | Statement of Nonparticipation in a Primary Election with the |
12 | | Board. The Statement of Nonparticipation shall include a |
13 | | verification signed by the chairperson and treasurer of the |
14 | | committee that (i) the committee will not make contributions or |
15 | | coordinated expenditures in support of or opposition to a |
16 | | candidate or candidates to be nominated at the general primary |
17 | | election or consolidated primary election (select one) to be |
18 | | held on (insert date), (ii) the political party committee may |
19 | | accept unlimited contributions from candidate political |
20 | | committees and political party committees, provided that the |
21 | | political party committee does not make contributions to a |
22 | | candidate or candidates to be nominated at the primary |
23 | | election, and (iii) failure to abide by these requirements |
24 | | shall deem the political party committee in violation of this |
25 | | Article and subject the committee to a fine of no more than |
26 | | 150% of the total contributions or coordinated expenditures |
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1 | | made by the committee in violation of this Article. This |
2 | | subsection becomes inoperative on July 1, 2013 and thereafter |
3 | | no longer applies. |
4 | | (d) During an election cycle, a political action committee |
5 | | may not accept contributions with an aggregate value over the |
6 | | following: (i) $10,000 from any individual, (ii) $20,000 from |
7 | | any corporation, labor organization, political party |
8 | | committee, or association, or (iii) $50,000 from a political |
9 | | action committee or candidate political committee. A political |
10 | | action committee may not accept contributions from a ballot |
11 | | initiative committee. |
12 | | (e) A ballot initiative committee or independent |
13 | | expenditure committee may accept contributions in any amount |
14 | | from any source, provided that the committee files the document |
15 | | required by Section 9-3 of this Article and files the |
16 | | disclosure reports required by the provisions of this Article . |
17 | | (f) Nothing in this Section shall prohibit a political |
18 | | committee from dividing the proceeds of joint fundraising |
19 | | efforts; provided that no political committee may receive more |
20 | | than the limit from any one contributor. |
21 | | (g) On January 1 of each odd-numbered year, the State Board |
22 | | of Elections shall adjust the amounts of the contribution |
23 | | limitations established in this Section for inflation as |
24 | | determined by the Consumer Price Index for All Urban Consumers |
25 | | as issued by the United States Department of Labor and rounded |
26 | | to the nearest $100. The State Board shall publish this |
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1 | | information on its official website. |
2 | | (h) Self-funding candidates. If a public official, a |
3 | | candidate, or the public official's or candidate's immediate |
4 | | family contributes or loans to the public official's or |
5 | | candidate's political committee or to other political |
6 | | committees that transfer funds to the public official's or |
7 | | candidate's political committee or makes independent |
8 | | expenditures for the benefit of the public official's or |
9 | | candidate's campaign during the 12 months prior to an election |
10 | | in an aggregate amount of more than (i) $250,000 for statewide |
11 | | office or (ii) $100,000 for all other elective offices, then |
12 | | the public official or candidate shall file with the State |
13 | | Board of Elections, within one day, a Notification of |
14 | | Self-funding that shall detail each contribution or loan made |
15 | | by the public official, the candidate, or the public official's |
16 | | or candidate's immediate family. Within 2 business days after |
17 | | the filing of a Notification of Self-funding, the notification |
18 | | shall be posted on the Board's website and the Board shall give |
19 | | official notice of the filing to each candidate for the same |
20 | | office as the public official or candidate making the filing, |
21 | | including the public official or candidate filing the |
22 | | Notification of Self-funding. Upon receiving notice from the |
23 | | Board, all candidates for that office, including the public |
24 | | official or candidate who filed a Notification of Self-funding, |
25 | | shall be permitted to accept contributions in excess of any |
26 | | contribution limits imposed by subsection (b). For the purposes |
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1 | | of this subsection, "immediate family" means the spouse, |
2 | | parent, or child of a public official or candidate. |
3 | | (h-5) If a natural person or independent expenditure |
4 | | committee makes independent expenditures for the benefit of the |
5 | | campaign of a particular public official or candidate in an |
6 | | aggregate amount of more than (i) $250,000 for statewide office |
7 | | or (ii) $100,000 for all other elective offices in an election |
8 | | cycle, as reported in a written disclosure filed under |
9 | | subsection (a) of Section 9-8.6 or subsection (e-5) of Section |
10 | | 9-10, then the State Board of Elections shall, within 2 |
11 | | business days after the filing of the disclosure, post the |
12 | | disclosure on the Board's website and give official notice of |
13 | | the disclosure to each candidate for the same office as the |
14 | | public official or candidate for whose benefit the natural |
15 | | person or independent expenditure committee made independent |
16 | | expenditures. Upon receiving notice from the Board, all |
17 | | candidates for that office in that election, including the |
18 | | public official or candidate for whose benefit the natural |
19 | | person or independent expenditure committee made independent |
20 | | expenditures, shall be permitted to accept contributions in |
21 | | excess of any contribution limits imposed by subsection (b). |
22 | | (i) For the purposes of this Section, a corporation, labor |
23 | | organization, association, or a political action committee |
24 | | established by a corporation, labor organization, or |
25 | | association may act as a conduit in facilitating the delivery |
26 | | to a political action committee of contributions made through |
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1 | | dues, levies, or similar assessments and the political action |
2 | | committee may report the contributions in the aggregate, |
3 | | provided that: (i) contributions made through the dues, levies, |
4 | | or similar assessments paid by any natural person, corporation, |
5 | | labor organization, or association in a calendar year may not |
6 | | exceed the limits set forth in this Section ; and (ii) the |
7 | | corporation, labor organization, association, or a political |
8 | | action committee established by a corporation, labor |
9 | | organization, or association facilitating the delivery of |
10 | | contributions maintains a list of natural persons, |
11 | | corporations, labor organizations, and associations that paid |
12 | | the dues, levies, or similar assessments from which the |
13 | | contributions comprising the aggregate amount derive ; and |
14 | | (iii) contributions made through dues, levies, or similar |
15 | | assessments paid by any natural person, corporation, labor |
16 | | organization, or association that exceed $500 in a quarterly |
17 | | reporting period shall be itemized on the committee's quarterly |
18 | | report and may not be reported in the aggregate . A political |
19 | | action committee facilitating the delivery of contributions or |
20 | | receiving contributions shall disclose the amount of |
21 | | contributions made through dues delivered or received and the |
22 | | name of the corporation, labor organization, association, or |
23 | | political action committee delivering the contributions, if |
24 | | applicable. On January 1 of each odd-numbered year, the State |
25 | | Board of Elections shall adjust the amounts of the contribution |
26 | | limitations established in this subsection for inflation as |
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1 | | determined by the Consumer Price Index for All Urban Consumers |
2 | | as issued by the United States Department of Labor and rounded |
3 | | to the nearest $100. The State Board shall publish this |
4 | | information on its official website. |
5 | | (j) A political committee that receives a contribution or |
6 | | transfer in violation of this Section shall dispose of the |
7 | | contribution or transfer by returning the contribution or |
8 | | transfer, or an amount equal to the contribution or transfer, |
9 | | to the contributor or transferor or donating the contribution |
10 | | or transfer, or an amount equal to the contribution or |
11 | | transfer, to a charity. A contribution or transfer received in |
12 | | violation of this Section that is not disposed of as provided |
13 | | in this subsection within 15 days after the political committee |
14 | | receives notification of the excess contribution from the Board |
15 | | its receipt shall escheat to the General Revenue Fund and the |
16 | | political committee shall be deemed in violation of this |
17 | | Section and subject to a civil penalty not to exceed 150% of |
18 | | the total amount of the contribution. |
19 | | (k) For the purposes of this Section, "statewide office" |
20 | | means the Governor, Lieutenant Governor, Attorney General, |
21 | | Secretary of State, Comptroller, and Treasurer. |
22 | | (l) This Section is repealed if and when the United States |
23 | | Supreme Court invalidates contribution limits on committees |
24 | | formed to assist candidates, political parties, corporations, |
25 | | associations, or labor organizations established by or |
26 | | pursuant to federal law.
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1 | | (Source: P.A. 96-832, eff. 1-1-11 .) |
2 | | (10 ILCS 5/9-8.6)
|
3 | | Sec. 9-8.6. Independent expenditures. |
4 | | (a) An independent expenditure is not considered a |
5 | | contribution to a political committee. An expenditure made by a |
6 | | natural person or political committee for an electioneering |
7 | | communication in connection, consultation, or concert with or |
8 | | at the request or suggestion of the public official or |
9 | | candidate, the public official's or candidate's candidate |
10 | | political committee, or the agent or agents of the public |
11 | | official, candidate, or political committee or campaign shall |
12 | | not be considered an independent expenditure but rather shall |
13 | | be considered a contribution to the public official's or |
14 | | candidate's candidate political committee. |
15 | | A natural person who makes an independent expenditure |
16 | | supporting or opposing a public official or candidate that, |
17 | | alone or in combination with any other independent expenditure |
18 | | made by that natural person supporting or opposing that public |
19 | | official or candidate during any 12-month period, equals an |
20 | | aggregate value of at least $3,000 must file a written |
21 | | disclosure with the State Board of Elections within 2 business |
22 | | days after making any expenditure that results in the natural |
23 | | person meeting or exceeding the $3,000 threshold. A natural |
24 | | person who makes an independent expenditure supporting or |
25 | | opposing a public official or candidate that, alone or in |
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1 | | combination with any other independent expenditure made by that |
2 | | natural person supporting or opposing that public official or |
3 | | candidate during the election cycle, equals an aggregate value |
4 | | of more than (i) $250,000 for statewide office or (ii) $100,000 |
5 | | for all other elective offices must file a written disclosure |
6 | | with the State Board of Elections within 2 business days after |
7 | | making any expenditure that results in the natural person |
8 | | exceeding the applicable threshold. Each disclosure must |
9 | | identify the natural person, the public official or candidate |
10 | | supported or opposed, the date, amount, and nature of each |
11 | | independent expenditure, and the natural person's occupation |
12 | | and employer. |
13 | | (b) Any entity other than a natural person that makes |
14 | | expenditures of any kind in an aggregate amount exceeding |
15 | | $3,000 during any 12-month period supporting or opposing a |
16 | | public official or candidate must organize as a political |
17 | | committee in accordance with this Article. |
18 | | (c) Every political committee that makes independent |
19 | | expenditures must report all such independent expenditures as |
20 | | required under Section 9-10 of this Article.
|
21 | | (Source: P.A. 96-832, eff. 7-1-10 .) |
22 | | (10 ILCS 5/9-10) (from Ch. 46, par. 9-10)
|
23 | | Sec. 9-10. Disclosure of contributions and expenditures.
|
24 | | (a) The treasurer of every political committee shall file |
25 | | with the
Board reports of campaign contributions and |
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1 | | expenditures as required by this Section on forms to be
|
2 | | prescribed or approved by the Board.
|
3 | | (b) Every political committee shall file quarterly reports |
4 | | of campaign contributions, expenditures, and independent |
5 | | expenditures. The reports shall cover the period January 1 |
6 | | through March 31, April 1 through June 30, July 1 through |
7 | | September 30, and October 1 through December 31 of each year. A |
8 | | political committee shall file quarterly reports no later than |
9 | | the 15th day of the month following each period. Reports of |
10 | | contributions and expenditures must be filed to cover the |
11 | | prescribed time periods even though no contributions or |
12 | | expenditures may have been received or made during the period. |
13 | | The Board shall assess a civil penalty not to exceed $5,000 for |
14 | | failure to file a report required by this subsection. The fine, |
15 | | however, shall not exceed $1,000 for a first violation if the |
16 | | committee files less than 10 days after the deadline. There |
17 | | shall be no fine if the report is mailed and postmarked at |
18 | | least 72 hours prior to the filing deadline. When considering |
19 | | the amount of the fine to be imposed, the Board shall consider |
20 | | whether the violation was committed inadvertently, |
21 | | negligently, knowingly, or intentionally and any past |
22 | | violations of this Section. |
23 | | (c) A political committee shall file a report of any |
24 | | contribution of $1,000 or more electronically with the Board |
25 | | within 5 business days after receipt of the contribution, |
26 | | except that the report shall be filed within 2 business days |
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1 | | after receipt if (i) the contribution is received 30 or fewer |
2 | | days before the date of an election and (ii) the political |
3 | | committee supports or opposes a candidate or public question on |
4 | | the ballot at that election or makes expenditures in excess of |
5 | | $500 on behalf of or in opposition to a candidate, candidates, |
6 | | a public question, or public questions on the ballot at that |
7 | | election.
The State Board shall allow filings of reports of |
8 | | contributions of $1,000 or more by political committees that |
9 | | are not required to file electronically to be made by facsimile |
10 | | transmission. The Board shall assess a civil penalty for |
11 | | failure to file a report required by this subsection. Failure |
12 | | to report each contribution is a separate violation of this |
13 | | subsection. The Board shall impose fines for willful or wanton |
14 | | violations of this subsection (c) not to exceed 150% of the |
15 | | total amount of the contributions that were untimely reported, |
16 | | but in no case shall it be less than 10% of the total amount of |
17 | | the contributions that were untimely reported. When |
18 | | considering the amount of the fine to be imposed for willful or |
19 | | wanton violations, the Board shall consider the number of days |
20 | | the contribution was reported late and past violations of this |
21 | | Section and Section 9-3. The Board may impose a fine for |
22 | | negligent or inadvertent violations of this subsection not to |
23 | | exceed 50% of the total amount of the contributions that were |
24 | | untimely reported, or the Board may waive the fine. When |
25 | | considering whether to impose a fine and the amount of the |
26 | | fine, the Board shall consider the following factors: (1) |
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1 | | whether the political committee made an attempt to disclose the |
2 | | contribution and any attempts made to correct the violation, |
3 | | (2) whether the violation is attributed to a clerical or |
4 | | computer error, (3) the amount of the contribution, (4) whether |
5 | | the violation arose from a discrepancy between the date the |
6 | | contribution was reported transferred by a political committee |
7 | | and the date the contribution was received by a political |
8 | | committee, (5) the number of days the contribution was reported |
9 | | late, and (6) past violations of this Section and Section 9-3 |
10 | | by the political committee. |
11 | | (d) For the purpose of this Section, a contribution is |
12 | | considered received on the date (i) a monetary contribution was |
13 | | deposited in a bank, financial institution, or other repository |
14 | | of funds for the committee, (ii) the date a committee receives |
15 | | notice a monetary contribution was deposited by an entity used |
16 | | to process financial transactions by credit card or other |
17 | | entity used for processing a monetary contribution that was |
18 | | deposited in a bank, financial institution, or other repository |
19 | | of funds for the committee, or (iii) the public official, |
20 | | candidate, or political committee receives the notification of |
21 | | contribution of goods or services as required under subsection |
22 | | (b) of Section 9-6. |
23 | | (e) A political committee that makes independent |
24 | | expenditures of $1,000 or more during the period 30 days or |
25 | | fewer before an election shall electronically file a report |
26 | | with the Board within 5 business days after making the |
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1 | | independent expenditure. The report shall contain the |
2 | | information required in Section 9-11(c) of this Article.
|
3 | | (e-5) An independent expenditure committee that makes an |
4 | | independent expenditure supporting or opposing a public |
5 | | official or candidate that, alone or in combination with any |
6 | | other independent expenditure made by that independent |
7 | | expenditure committee supporting or opposing that public |
8 | | official or candidate during the election cycle, equals an |
9 | | aggregate value of more than (i) $250,000 for statewide office |
10 | | or (ii) $100,000 for all other elective offices must file a |
11 | | written disclosure with the State Board of Elections within 2 |
12 | | business days after making any expenditure that results in the |
13 | | independent expenditure committee exceeding the applicable |
14 | | threshold.
|
15 | | (f) A copy of each report or statement filed under this |
16 | | Article
shall be
preserved by the person filing it for a period |
17 | | of two years from the
date of filing.
|
18 | | (Source: P.A. 95-6, eff. 6-20-07; 95-957, eff. 1-1-09; 96-832, |
19 | | eff. 1-1-11 .)
|
20 | | (10 ILCS 5/9-15) (from Ch. 46, par. 9-15) |
21 | | Sec. 9-15. It shall be the duty of the Board- |
22 | | (1) to develop prescribed forms for filing statements |
23 | | of organization and required reports; |
24 | | (2) to prepare, publish, and furnish to the appropriate |
25 | | persons a manual of instructions setting forth recommended
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1 | | uniform methods of bookkeeping and reporting under this |
2 | | Article; |
3 | | (3) to prescribe suitable rules and regulations to |
4 | | carry out the
provisions of this Article. Such rules and |
5 | | regulations shall be published
and made available to the |
6 | | public; |
7 | | (4) to send by first class mail, after the general |
8 | | primary election in
even numbered years, to the chairman of |
9 | | each regularly constituted
State central committee, county |
10 | | central committee and, in counties with a
population of |
11 | | more than 3,000,000, to the committeemen of each township |
12 | | and
ward organization of each political party notice of |
13 | | their obligations under
this Article, along with a form for |
14 | | filing the statement of organization; |
15 | | (5) to promptly make all reports and statements filed |
16 | | under this Article available for public inspection and |
17 | | copying no later than 2 business days after their receipt |
18 | | and to permit copying of any such report or statement at |
19 | | the expense of the person requesting the copy; |
20 | | (6) to develop a filing, coding, and cross-indexing |
21 | | system consistent with the purposes of this Article; |
22 | | (7) to compile and maintain a list of all statements or |
23 | | parts of statements pertaining to each candidate; |
24 | | (8) to prepare and publish such reports as the Board |
25 | | may deem appropriate; and |
26 | | (9) to annually notify each political committee that |
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1 | | has filed a statement of organization with the Board of the |
2 | | filing dates for each quarterly report, provided that such |
3 | | notification shall be made by first-class mail unless the |
4 | | political committee opts to receive notification |
5 | | electronically via email ; and . |
6 | | (10) to promptly send, by certified mail directed only |
7 | | to the officers of a political committee, written notice of |
8 | | any fine or penalty assessed or imposed against the |
9 | | political committee under this Article. |
10 | | (Source: P.A. 96-1263, eff. 1-1-11.) |
11 | | (10 ILCS 5/17-9) (from Ch. 46, par. 17-9)
|
12 | | Sec. 17-9. Any person desiring to vote shall give his name |
13 | | and, if
required to do so, his residence to the judges of |
14 | | election, one of whom
shall thereupon announce the same in a |
15 | | loud and distinct tone of voice,
clear, and audible; the judges |
16 | | of elections shall check each application
for ballot against |
17 | | the list of voters registered in that precinct to
whom grace |
18 | | period, absentee,
or early
ballots have been issued for that |
19 | | election, which shall be
provided by the election authority and |
20 | | which list shall be available for
inspection by pollwatchers. A |
21 | | voter applying to vote in the
precinct on election day whose |
22 | | name appears on the list as having
been issued a grace period, |
23 | | absentee,
or early
ballot shall not be permitted to vote in the
|
24 | | precinct, except that a voter to whom an absentee ballot was |
25 | | issued may vote in the precinct if the voter submits to the |
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1 | | election judges that absentee ballot for cancellation. If the |
2 | | voter is unable to submit the absentee ballot, it shall be |
3 | | sufficient for the voter to submit to the election judges (i) a |
4 | | portion of the absentee ballot if the absentee ballot was torn |
5 | | or mutilated or (ii) an affidavit executed before the election |
6 | | judges specifying that (A) the voter never received an absentee |
7 | | ballot , or (B) the voter completed and returned an absentee |
8 | | ballot and was informed that the election authority did not |
9 | | receive that absentee ballot , or (C) the voter received the |
10 | | absentee ballot but did not return the absentee ballot to the |
11 | | election authority . All applicable provisions of Articles
4, 5 |
12 | | or 6 shall be complied with and if such name is found on the |
13 | | register of
voters by the
officer having charge thereof, he |
14 | | shall likewise repeat said name, and
the voter shall be allowed |
15 | | to enter within the proximity of the voting
booths, as above |
16 | | provided. One of the judges shall give the voter one,
and only |
17 | | one of each ballot to be voted at the election, on the back of
|
18 | | which ballots such judge shall indorse his initials in such |
19 | | manner that
they may be seen when each such ballot is properly |
20 | | folded, and the
voter's name shall be immediately checked on |
21 | | the register list. In those
election jurisdictions where |
22 | | perforated ballot cards are utilized of the
type on which |
23 | | write-in votes can be cast above the perforation, the election
|
24 | | authority shall provide a space both above and below the |
25 | | perforation for
the judge's initials, and the judge shall |
26 | | endorse his or her initials in
both spaces. Whenever
a proposal |
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1 | | for a constitutional amendment or for the calling of a
|
2 | | constitutional convention is to be voted upon at the election, |
3 | | the
separate blue ballot or ballots pertaining thereto shall, |
4 | | when being
handed to the voter, be placed on top of the other |
5 | | ballots to be voted
at the election in such manner that the |
6 | | legend appearing on the back
thereof, as prescribed in Section |
7 | | 16-6 of this Act, shall be plainly
visible to the voter. At all |
8 | | elections, when a registry may be
required, if the name of any |
9 | | person so desiring to vote at such election
is not found on the |
10 | | register of voters, he or she shall not receive a ballot
until |
11 | | he or she shall have complied with the law prescribing the |
12 | | manner and
conditions of voting by unregistered voters. If any |
13 | | person desiring to
vote at any election shall be challenged, he |
14 | | or she shall not receive a ballot
until he or she shall have |
15 | | established his right to vote in the manner provided
|
16 | | hereinafter; and if he or she shall be challenged after he has |
17 | | received his
ballot, he shall not be permitted to vote until he |
18 | | or she has fully complied
with such requirements of the law |
19 | | upon being challenged. Besides the
election officer, not more |
20 | | than 2 voters in excess of the whole number
of voting booths |
21 | | provided shall be allowed within the proximity of the voting
|
22 | | booths at one
time. The provisions of this Act, so far as they |
23 | | require the
registration of voters as a condition to their |
24 | | being allowed to vote
shall not apply to persons otherwise |
25 | | entitled to vote, who are, at the
time of the election, or at |
26 | | any time within 60 days prior to such
election have been |
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1 | | engaged in the military or naval service of the
United States, |
2 | | and who appear personally at the polling place on
election day |
3 | | and produce to the judges of election satisfactory evidence
|
4 | | thereof, but such persons, if otherwise qualified to vote, |
5 | | shall be
permitted to vote at such election without previous |
6 | | registration.
|
7 | | All such persons shall also make an affidavit which shall |
8 | | be in
substantially the following form:
|
9 | | State of Illinois,)
|
10 | | ) ss.
|
11 | | County of ........)
|
12 | | ............... Precinct .......... Ward
|
13 | | I, ...., do solemnly swear (or affirm) that I am a citizen |
14 | | of the
United States, of the age of 18 years or over, and that |
15 | | within the past
60 days prior to the date of this election at |
16 | | which I am applying to
vote, I have been engaged in the .... |
17 | | (military or naval) service of the
United States; and I am |
18 | | qualified to vote under and by virtue of the
Constitution and |
19 | | laws of the State of Illinois, and that I am a legally
|
20 | | qualified voter of this precinct and ward except that I have, |
21 | | because of
such service, been unable to register as a voter; |
22 | | that I now reside at
.... (insert street and number, if any) in |
23 | | this precinct and ward; that I
have maintained a legal |
24 | | residence in this precinct and ward for 30 days
and in this |
25 | | State 30 days next preceding this election.
|
26 | | .........................
|
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1 | | Subscribed and sworn to before me on (insert date).
|
2 | | .........................
|
3 | | Judge of Election.
|
4 | | The affidavit of any such person shall be supported by the |
5 | | affidavit
of a resident and qualified voter of any such |
6 | | precinct and ward, which
affidavit shall be in substantially |
7 | | the following form:
|
8 | | State of Illinois,)
|
9 | | ) ss.
|
10 | | County of ........)
|
11 | | ........... Precinct ........... Ward
|
12 | | I, ...., do solemnly swear (or affirm), that I am a |
13 | | resident of this
precinct and ward and entitled to vote at this |
14 | | election; that I am
acquainted with .... (name of the |
15 | | applicant); that I verily believe him
to be an actual bona fide |
16 | | resident of this precinct and ward and that I
verily believe |
17 | | that he or she has maintained a legal residence therein 30 days
|
18 | | and in this State 30 days next preceding this election.
|
19 | | .........................
|
20 | | Subscribed and sworn to before me on (insert date).
|
21 | | .........................
|
22 | | Judge of Election.
|
23 | | All affidavits made under the provisions of this Section |
24 | | shall be
enclosed in a separate envelope securely sealed, and |
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1 | | shall be
transmitted with the returns of the elections to the |
2 | | county clerk or to
the board of election commissioners, who |
3 | | shall preserve the said
affidavits for the period of 6 months, |
4 | | during which period such
affidavits shall be deemed public |
5 | | records and shall be freely open to
examination as such.
|
6 | | (Source: P.A. 94-645, eff. 8-22-05; 94-1000, eff. 7-3-06.)
|
7 | | (10 ILCS 5/18A-5)
|
8 | | Sec. 18A-5. Provisional voting; general provisions.
|
9 | | (a) A person who claims to be a registered voter is |
10 | | entitled to cast a
provisional ballot under the following |
11 | | circumstances:
|
12 | | (1) The person's name does not appear on the official |
13 | | list of eligible
voters for the precinct in which
the |
14 | | person seeks to vote. The official list is the centralized |
15 | | statewide voter registration list established and |
16 | | maintained in accordance with Section 1A-25;
|
17 | | (2) The person's voting status has been challenged by |
18 | | an election judge, a
pollwatcher, or any legal voter and |
19 | | that challenge has been sustained by a
majority of the |
20 | | election judges;
|
21 | | (3) A federal or State court order extends the time for |
22 | | closing the polls
beyond the time period established by |
23 | | State law and the person votes during the
extended time |
24 | | period; or
|
25 | | (4) The voter registered to vote by mail and is |
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1 | | required by law to
present identification when voting |
2 | | either in person or by absentee ballot, but
fails to do so ; |
3 | | or .
|
4 | | (5) The voter's name appears on the list of voters who |
5 | | voted during the early voting period, but the voter claims |
6 | | not to have voted during the early voting period. |
7 | | (b) The procedure for obtaining and casting a provisional |
8 | | ballot at the
polling place
shall be as follows:
|
9 | | (1) After first verifying through an examination of the |
10 | | precinct register that the person's address is within the |
11 | | precinct boundaries, an election judge at the polling place |
12 | | shall notify a person who is
entitled to cast a provisional |
13 | | ballot pursuant to subsection (a)
that he or she may cast a |
14 | | provisional ballot in that election.
An election judge
must |
15 | | accept any information provided by a person who casts a |
16 | | provisional ballot
that the person believes supports his or |
17 | | her claim that he or she is a duly
registered voter and |
18 | | qualified to vote in the election. However, if the person's |
19 | | residence address is outside the precinct boundaries, the |
20 | | election judge shall inform the person of that fact, give |
21 | | the person the appropriate telephone number of the election |
22 | | authority in order to locate the polling place assigned to |
23 | | serve that address, and instruct the person to go to the |
24 | | proper polling place to vote.
|
25 | | (2) The person shall execute a written form provided by |
26 | | the
election judge that shall state or contain all of the |
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1 | | following that is available:
|
2 | | (i) an affidavit stating the following:
|
3 | | State of Illinois, County of ................, |
4 | | Township
.............,
Precinct ........, Ward |
5 | | ........, I, ......................., do solemnly
|
6 | | swear (or affirm) that: I am a citizen of the United |
7 | | States; I am 18 years of
age or older; I have resided |
8 | | in this State and in this precinct for 30 days
|
9 | | preceding this election; I have not voted in this |
10 | | election; I am a duly
registered voter in every |
11 | | respect; and I am eligible to vote in this election.
|
12 | | Signature ...... Printed Name of Voter ....... Printed |
13 | | Residence
Address of Voter ...... City
...... State |
14 | | .... Zip Code ..... Telephone Number ...... Date of |
15 | | Birth .......
and Illinois Driver's License Number |
16 | | ....... or Last 4 digits of Social
Security
Number |
17 | | ...... or State Identification Card
Number issued to |
18 | | you by the Illinois Secretary of State........
|
19 | | (ii) A box for the election judge to check one of the 3 |
20 | | reasons why the
person was given a provisional ballot under |
21 | | subsection (a) of Section 18A-5.
|
22 | | (iii) An area for the election judge to affix his or |
23 | | her signature and to
set forth any facts that support or |
24 | | oppose the allegation that the person is
not qualified to |
25 | | vote in the precinct in which the person is seeking to |
26 | | vote.
|
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1 | | The written affidavit form described in this subsection |
2 | | (b)(2) must be
printed on a multi-part form prescribed by the |
3 | | county clerk or board of
election commissioners, as the case |
4 | | may be.
|
5 | | (3) After the person executes the portion of the written |
6 | | affidavit described
in subsection (b)(2)(i) of this Section, |
7 | | the election judge shall complete the
portion of the written |
8 | | affidavit described in subsection (b)(2)(iii) and
(b)(2)(iv).
|
9 | | (4) The election judge shall give a copy of the completed |
10 | | written affidavit
to the person. The election judge shall place |
11 | | the original written affidavit in
a self-adhesive clear plastic |
12 | | packing list envelope that must be attached to a
separate |
13 | | envelope marked as a "provisional ballot envelope". The |
14 | | election judge
shall also place any information provided by the |
15 | | person who casts a provisional
ballot in the clear plastic |
16 | | packing list envelope. Each county clerk or board
of election |
17 | | commissioners, as the case may be,
must design, obtain or |
18 | | procure self-adhesive clear plastic packing list
envelopes and |
19 | | provisional ballot envelopes that are suitable for |
20 | | implementing
this subsection (b)(4) of this Section.
|
21 | | (5) The election judge shall provide the person with a |
22 | | provisional ballot,
written instructions for casting a |
23 | | provisional ballot, and the provisional
ballot envelope with |
24 | | the clear plastic packing list envelope affixed to it,
which |
25 | | contains the person's original written affidavit and, if any, |
26 | | information
provided by the provisional voter to support his or |
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1 | | her claim that he or she is
a duly registered voter. An |
2 | | election judge must also give the person written
information |
3 | | that states that any person who casts a provisional ballot |
4 | | shall be
able to ascertain, pursuant to guidelines established |
5 | | by the State Board of
Elections, whether the provisional vote |
6 | | was counted in the official canvass of
votes for that election |
7 | | and, if the provisional vote was not counted, the
reason that |
8 | | the vote was not counted.
|
9 | | (6) After the person has completed marking his or her |
10 | | provisional ballot, he
or she shall place the marked ballot |
11 | | inside of the provisional ballot envelope,
close and seal the |
12 | | envelope, and return the envelope to an election judge, who
|
13 | | shall then deposit the sealed provisional ballot envelope into |
14 | | a securable
container separately identified and utilized for |
15 | | containing sealed provisional
ballot envelopes. Ballots that |
16 | | are provisional because they are cast after 7:00 p.m. by court
|
17 | | order shall be kept separate from other provisional ballots. |
18 | | Upon the closing of the polls, the securable container shall
be
|
19 | | sealed with filament tape provided for that purpose, which |
20 | | shall be wrapped
around the box lengthwise and crosswise, at |
21 | | least twice each way, and each of
the election judges shall |
22 | | sign the seal.
|
23 | | (c) Instead of the affidavit form described in subsection |
24 | | (b), the county
clerk or board of election commissioners, as |
25 | | the case may be, may design and
use a multi-part affidavit form |
26 | | that is imprinted upon or attached to the
provisional ballot |
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1 | | envelope described in subsection (b). If a county clerk or
|
2 | | board of election commissioners elects to design and use its |
3 | | own multi-part
affidavit form, then the county clerk or board |
4 | | of election commissioners shall
establish a mechanism for |
5 | | accepting any information the provisional voter has
supplied to |
6 | | the election judge to support his or her claim that he or she |
7 | | is a
duly registered voter. In all other respects, a county |
8 | | clerk or board of
election commissioners shall establish |
9 | | procedures consistent with subsection
(b).
|
10 | | (d) The county clerk or board of election commissioners, as |
11 | | the case may be,
shall use the completed affidavit form |
12 | | described in subsection (b) to update
the person's voter |
13 | | registration information in the State voter registration
|
14 | | database and voter registration database of the county clerk or |
15 | | board of
election commissioners, as the case may be. If a |
16 | | person is later determined not
to be a registered voter based |
17 | | on Section 18A-15 of this Code, then the
affidavit shall be |
18 | | processed by the county clerk or board of election
|
19 | | commissioners, as the case may be, as a voter registration |
20 | | application.
|
21 | | (Source: P.A. 93-574, eff. 8-21-03; 93-1071, eff. 1-18-05; |
22 | | 94-645, eff. 8-22-05.)
|
23 | | (10 ILCS 5/19-2.1) (from Ch. 46, par. 19-2.1) |
24 | | Sec. 19-2.1. At the consolidated primary, general primary,
|
25 | | consolidated, and general elections, electors entitled
to vote
|
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1 | | by absentee ballot under the provisions of Section 19-1
may |
2 | | vote in person at the office of the municipal clerk, if the |
3 | | elector
is a resident of a municipality not having a board of |
4 | | election commissioners,
or at the office of the township clerk |
5 | | or, in counties not under township
organization, at the office |
6 | | of the road district clerk if the elector is
not a resident of |
7 | | a municipality; provided, in each case that the municipal,
|
8 | | township or road district clerk, as the case may be, is |
9 | | authorized to conduct
in-person absentee voting pursuant to |
10 | | this Section. Absentee voting in such
municipal and township |
11 | | clerk's offices under this Section shall be
conducted from the |
12 | | 22nd day through the day before the election. |
13 | | Municipal and township clerks (or road district clerks) who |
14 | | have regularly
scheduled working hours at regularly designated |
15 | | offices other than a place
of residence and whose offices are |
16 | | open for business during the same hours
as the office of the |
17 | | election authority shall conduct in-person absentee
voting for |
18 | | said elections. Municipal and township clerks (or road district
|
19 | | clerks) who have no regularly scheduled working hours but who |
20 | | have regularly
designated offices other than a place of |
21 | | residence shall conduct in-person
absentee voting for said |
22 | | elections during the hours of 8:30 a.m. to 4:30
p.m. or 9:00 |
23 | | a.m. to 5:00 p.m., weekdays, and 9:00 a.m. to 12:00
noon on |
24 | | Saturdays, but not during such hours as the office of the |
25 | | election
authority is closed, unless the clerk files a written |
26 | | waiver with the
election authority not later than July 1 of |
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1 | | each year stating that he or
she is unable to conduct such |
2 | | voting and the reasons therefor. Such clerks
who conduct |
3 | | in-person absentee voting may extend their hours for that
|
4 | | purpose to include any hours in which the election authority's |
5 | | office is
open. Municipal and township clerks (or
road district |
6 | | clerks) who have no regularly scheduled office hours and no
|
7 | | regularly designated offices other than a place of residence |
8 | | may not conduct
in-person absentee voting for said elections. |
9 | | The election authority may
devise alternative methods for |
10 | | in-person absentee voting before said elections
for those |
11 | | precincts located within the territorial area of a municipality
|
12 | | or township (or road district) wherein the clerk of such |
13 | | municipality or
township (or road district) has waived or is |
14 | | not entitled to conduct such
voting.
In addition, electors may |
15 | | vote by absentee ballot under the provisions of
Section 19-1 at |
16 | | the office of the election authority having jurisdiction
over |
17 | | their residence. Unless specifically authorized by the |
18 | | election authority, municipal,
township, and road district |
19 | | clerks shall not conduct in-person absentee
voting. No less |
20 | | than 45 days
before the date of an election, the election |
21 | | authority shall notify the
municipal, township, and road |
22 | | district clerks within its jurisdiction if
they are to conduct |
23 | | in-person absentee voting. Election authorities, however, may |
24 | | conduct in-person absentee voting in one or more designated
|
25 | | appropriate public buildings from the fourth
day before the |
26 | | election through
the day before the election.
|
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1 | | In conducting in-person absentee voting under this |
2 | | Section, the respective
clerks shall be required to verify the |
3 | | signature of the absentee
voter by comparison with the |
4 | | signature on the official registration
record card. The clerk |
5 | | also shall reasonably ascertain the identity
of such applicant, |
6 | | shall verify that each such applicant is a registered
voter, |
7 | | and shall verify the precinct in which he or she is registered
|
8 | | and the proper ballots of the political subdivisions in which |
9 | | the
applicant resides and is entitled to vote, prior to |
10 | | providing any
absentee ballot to such applicant. The clerk |
11 | | shall verify the
applicant's registration and from the most |
12 | | recent poll list provided by
the county clerk, and if the |
13 | | applicant is not listed on that poll list
then by telephoning |
14 | | the office of the county clerk. |
15 | | Absentee voting procedures in the office of the municipal, |
16 | | township
and road district clerks shall be subject to all of |
17 | | the applicable
provisions of this Article 19.
Pollwatchers may |
18 | | be appointed to observe in-person absentee voting
procedures |
19 | | and view all reasonably requested records relating to the |
20 | | conduct of the election, provided the secrecy of the ballot is |
21 | | not impinged, at the office of the municipal, township or road |
22 | | district
clerks' offices where such absentee voting is |
23 | | conducted. Such pollwatchers
shall qualify and be appointed in |
24 | | the same manner as provided in Sections
7-34 and 17-23, except |
25 | | each candidate, political party or
organization of citizens may |
26 | | appoint only one pollwatcher for each location
where in-person |
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1 | | absentee voting is conducted. Pollwatchers must
be registered |
2 | | to vote in Illinois and possess
valid pollwatcher credentials.
|
3 | | All requirements in this Article
applicable to election |
4 | | authorities shall apply to the respective local
clerks, except |
5 | | where inconsistent with this Section. |
6 | | The sealed absentee ballots in their carrier envelope shall |
7 | | be
delivered by the respective clerks, or by the election |
8 | | authority on behalf of
a clerk if the clerk and the election
|
9 | | authority agree, to the election authority's central ballot |
10 | | counting location
before the close of the polls on the day of |
11 | | the general primary,
consolidated primary, consolidated, or |
12 | | general election. |
13 | | Not more than 23 days before the general and consolidated
|
14 | | elections, the county clerk shall make available to those
|
15 | | municipal, township and road district clerks conducting |
16 | | in-person absentee
voting within such county, a sufficient
|
17 | | number of applications, absentee ballots, envelopes, and |
18 | | printed voting
instruction slips for use by absentee voters in |
19 | | the offices of such
clerks. The respective clerks shall receipt |
20 | | for all ballots received,
shall return all unused or spoiled |
21 | | ballots to the county clerk on the
day of the election and |
22 | | shall strictly account for all ballots received. |
23 | | The ballots delivered to the respective clerks shall |
24 | | include absentee
ballots for each precinct in the municipality, |
25 | | township or road
district, or shall include such separate |
26 | | ballots for each political
subdivision conducting an election |
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1 | | of officers or a referendum on that
election day as will permit |
2 | | any resident of the municipality, township
or road district to |
3 | | vote absentee in the office of the proper clerk. |
4 | | The clerks of all municipalities, townships and road |
5 | | districts may
distribute applications for absentee ballot for |
6 | | the use of voters who
wish to mail such applications to the |
7 | | appropriate election authority. Any person may produce, |
8 | | reproduce, distribute, or return to an election authority the |
9 | | application for absentee ballot. Upon receipt, the appropriate |
10 | | election authority shall accept and promptly process any |
11 | | application for absentee ballot.
|
12 | | (Source: P.A. 96-1008, eff. 7-6-10.) |
13 | | (10 ILCS 5/19-3) (from Ch. 46, par. 19-3) |
14 | | Sec. 19-3. The
application for absentee ballot shall be |
15 | | substantially in the
following form: |
16 | | APPLICATION FOR ABSENTEE BALLOT |
17 | | To be voted at the .... election in the County of .... and |
18 | | State of
Illinois, in the .... precinct of the (1) *township of |
19 | | .... (2) *City of
.... or (3) *.... ward in the City of .... |
20 | | I state that I am a resident of the .... precinct of the |
21 | | (1)
*township of .... (2) *City of .... or (3) *.... ward in |
22 | | the city of
.... residing at .... in such city or town in the |
23 | | county of .... and
State of Illinois; that I have lived at such |
24 | | address for .... month(s)
last past; that I am lawfully |
25 | | entitled to vote in such precinct at the
.... election to be |
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1 | | held therein on ....; and that I wish to vote by absentee |
2 | | ballot. |
3 | | I hereby make application for an official ballot or ballots |
4 | | to be
voted by me at such election, and I agree that I shall |
5 | | return such ballot or ballots to the
official issuing the same |
6 | | prior to the closing of the polls on the date
of the election |
7 | | or, if returned by mail, postmarked no later than midnight |
8 | | preceding election day, for counting no later than during the |
9 | | period for counting provisional ballots, the last day of which |
10 | | is the 14th day following election day. |
11 | | I understand that I must return or mail my absentee ballot |
12 | | personally and that I am not allowed to give the absentee |
13 | | ballot to anyone for delivery or mailing except a family member |
14 | | with an affidavit. I understand that should I choose to mail my |
15 | | application or my absentee ballot I will need to provide |
16 | | postage. I understand that allowing anyone to observe me vote |
17 | | or to provide the ballot to any other person to vote for me is |
18 | | illegal. I understand that by receiving an absentee ballot and |
19 | | voting it I am unable to vote on election day and that I cannot |
20 | | vote in any other election jurisdiction this election. I |
21 | | understand that if I apply for an absentee ballot and do not |
22 | | vote it, I will have to complete a provisional voting affidavit |
23 | | if I want to vote on election day. I understand that this |
24 | | application is made for an official absentee ballot or ballots |
25 | | to be voted by me at the election specified in this application |
26 | | and that I must submit a separate application for an official |
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1 | | absentee ballot or ballots to be voted by me at any subsequent |
2 | | election. |
3 | | Under penalties as provided by law pursuant to Section |
4 | | 29-10 of The
Election Code, the undersigned certifies that the |
5 | | statements set forth
in this application are true and correct. |
6 | | .... |
7 | | *fill in either (1), (2) or (3). |
8 | | Post office address to which ballot is mailed: |
9 | | ............... |
10 | | However, if application is made for a primary election |
11 | | ballot, such
application shall require the applicant to |
12 | | designate the name of the political party with which
the |
13 | | applicant is affiliated. |
14 | | Any person may produce, reproduce, distribute, or return to |
15 | | an election authority the application for absentee ballot. Upon |
16 | | receipt, the appropriate election authority shall accept and |
17 | | promptly process any application for absentee ballot submitted |
18 | | in a form substantially similar to that required by this |
19 | | Section, including any substantially similar production or |
20 | | reproduction generated by the applicant . |
21 | | (Source: P.A. 95-440, eff. 8-27-07; 96-312, eff. 1-1-10; |
22 | | 96-553, eff. 8-17-09; 96-1000, eff. 7-2-10; 96-1008, eff. |
23 | | 7-6-10.) |
24 | | (10 ILCS 5/19A-15)
|
25 | | Sec. 19A-15. Period for early voting; hours.
|
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1 | | (a) The period for early voting by personal appearance |
2 | | begins the 15th 22nd day preceding a general primary, |
3 | | consolidated primary, consolidated, or
general election and |
4 | | extends through the 3rd 5th day before election day.
|
5 | | (b) A permanent polling place for early voting must remain |
6 | | open during the
hours of 8:30 a.m. to 4:30 p.m., or 9:00 a.m. |
7 | | to 5:00 p.m., on weekdays and
9:00 a.m. to 12:00 p.m. on |
8 | | Saturdays, Sundays, and holidays; except that, in addition to |
9 | | the hours required by this subsection, a permanent early voting |
10 | | polling place designated by an election authority under |
11 | | subsection (c) of Section 19A-10 must remain open for a total |
12 | | of at least 8 hours on any holiday during the early voting |
13 | | period and a total of at least 14 hours on the final weekend |
14 | | during the early voting period.
|
15 | | (c) Notwithstanding subsections (a) and (b), an election |
16 | | authority may close an early voting polling place if the |
17 | | building in which the polling place is located has been closed |
18 | | by the State or unit of local government in response to a |
19 | | severe weather emergency. In the event of a closure, the |
20 | | election authority shall conduct early voting on the 2nd day |
21 | | before election day from 8:30 a.m. to 4:30 p.m. or 9:00 a.m. to |
22 | | 5:00 p.m. The election authority shall notify the State Board |
23 | | of Elections of any closure and shall make reasonable efforts |
24 | | to provide notice to the public of the extended early voting |
25 | | period. |
26 | | (Source: P.A. 96-637, eff. 1-1-10; 97-81, eff. 7-5-11.)
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