|
| | SB0172 Enrolled | | LRB098 04408 HLH 34436 b |
|
|
1 | | AN ACT concerning elections.
|
2 | | Be it enacted by the People of the State of Illinois, |
3 | | represented in the General Assembly:
|
4 | | Section 5. The Election Code is amended by changing |
5 | | Sections 1-3.5, 1-9, 1-12, 1A-8, 1A-16, 1A-16.5, 1A-25, 3-6, |
6 | | 4-6.3, 4-10, 4-50, 4-105, 5-9, 5-16.3, 5-50, 5-105, 6-29, |
7 | | 6-50.3, 6-100, 6-105, 7-15, 7-34, 10-7, 10-9, 11-4.1, 11-7, |
8 | | 12-1, 13-1, 13-1.1, 13-2, 13-10, 14-3.1, 14-3.2, 16-5.01, 17-8, |
9 | | 17-9, 17-18.1, 17-19.2, 17-21, 17-23, 17-29, 18-5, 18-9.2, |
10 | | 18A-5, 18A-15, 19-2, 19-3, 19-4, 19-5, 19-6, 19-7, 19-8, 19-10, |
11 | | 19-12.1, 19-12.2, 19-13, 19-15, 19-20, 19A-10, 19A-15, 19A-25, |
12 | | 19A-35, 19A-75, 20-1, 20-2, 20-2.1, 20-2.2, 20-2.3, 20-3, 20-4, |
13 | | 20-5, 20-6, 20-7, 20-8, 20-10, 20-13, 20-13.1, 20-25, 24-15, |
14 | | 24-16, 24A-6, 24A-10, 24A-15.1, 24B-6, 24B-10, 24B-15.1, |
15 | | 24C-1, 24C-6, 24C-11, 24C-13, 24C-15, 25-7, 28-9, 29-5, 29-20, |
16 | | and the heading of Article 19 and by adding Sections 1-9.1, |
17 | | 1-9.2, 1A-16.6, 1A-16.8, 1A-45, 18A-218, 18A-218.10, |
18 | | 18A-218.20, 18A-218.30, and 18A-218.40 as follows: |
19 | | (10 ILCS 5/1-3.5 new) |
20 | | Sec. 1-3.5. Absentee voting. Any references to absentee |
21 | | ballots, absentee voters, absentee registration, or absentee |
22 | | voting procedures in this Code shall be construed to refer to |
23 | | vote by mail ballots, persons who vote by mail, registration by |
|
| | SB0172 Enrolled | - 2 - | LRB098 04408 HLH 34436 b |
|
|
1 | | mail, or voting by mail. |
2 | | (10 ILCS 5/1-9)
|
3 | | Sec. 1-9. Central counting of grace period, early, vote by |
4 | | mail absentee , and provisional ballots. Notwithstanding any |
5 | | statutory provision to the contrary enacted before the |
6 | | effective date of this amendatory Act of the 94th General |
7 | | Assembly, all grace period ballots, early voting ballots, vote |
8 | | by mail absentee ballots, and provisional ballots to be counted |
9 | | shall be delivered to and counted at an election authority's |
10 | | central ballot counting location and not in precincts. |
11 | | References in this Code enacted before the effective date of |
12 | | this amendatory Act of the 94th General Assembly to delivery |
13 | | and counting of grace period ballots, early voting ballots, |
14 | | vote by mail absentee ballots, or provisional ballots to or at |
15 | | a precinct polling place or to the proper polling place shall |
16 | | be construed as references to delivery and counting of those |
17 | | ballots to and at the election authority's central ballot |
18 | | counting location.
|
19 | | (Source: P.A. 94-1000, eff. 7-3-06.) |
20 | | (10 ILCS 5/1-9.1 new) |
21 | | Sec. 1-9.1. Ballot counting information dissemination. |
22 | | Each election authority maintaining a website must provide |
23 | | 24-hour notice on its website of the date, time, and location |
24 | | of the analysis, processing, and counting of all ballot forms. |
|
| | SB0172 Enrolled | - 3 - | LRB098 04408 HLH 34436 b |
|
|
1 | | Each election authority must notify any political party or |
2 | | pollwatcher of the same information 24 hours before the count |
3 | | begins if such political party or pollwatcher has requested to |
4 | | be notified. Notification may be by electronic mail at the |
5 | | address provided by the requester. |
6 | | (10 ILCS 5/1-9.2 new) |
7 | | Sec. 1-9.2. Uncounted ballot information on website. No |
8 | | later than 48 hours after the closing of polling locations on |
9 | | election day, each election authority maintaining a website |
10 | | shall post the number of ballots that remain uncounted. The |
11 | | posting shall separate the number of ballots yet to be counted |
12 | | into the following categories: ballots cast on election day, |
13 | | early voting ballots, provisional ballots, vote by mail ballots |
14 | | received by the election authority but not counted, and vote by |
15 | | mail ballots sent by the election authority but have not been |
16 | | returned to the election authority. This information shall be |
17 | | updated on the website of the election authority each day until |
18 | | the period for counting provisional and vote by mail ballots |
19 | | has ended. All election authorities, regardless of whether they |
20 | | maintain a website, shall share the same information, separated |
21 | | in the same manner, with the State Board of Elections no later |
22 | | than 48 hours after the closing of polling locations on |
23 | | election day and each business day thereafter until the period |
24 | | for counting provisional and vote by mail ballots has ended. |
|
| | SB0172 Enrolled | - 4 - | LRB098 04408 HLH 34436 b |
|
|
1 | | (10 ILCS 5/1-12) |
2 | | Sec. 1-12. Public university voting. |
3 | | (a) Each appropriate election authority shall, in addition |
4 | | to the early voting conducted at locations otherwise required |
5 | | by law, conduct early voting , grace period registration, and |
6 | | grace period voting at the student union in a high traffic |
7 | | location on the campus of a public university within the |
8 | | election authority's jurisdiction. The voting required by this |
9 | | subsection (a) to be conducted on campus must be conducted from |
10 | | the 6th day before a general primary or general election until |
11 | | and including the 4th day before a general primary or general |
12 | | election from 10:00 a.m. to 5 p.m. and as otherwise required by |
13 | | Article 19A of this Code , except that the voting required by |
14 | | this subsection (a) need not be conducted during a consolidated |
15 | | primary or consolidated election . If an election authority has |
16 | | voting equipment that can accommodate a ballot in every form |
17 | | required in the election authority's jurisdiction, then the |
18 | | election authority shall extend early voting and grace period |
19 | | registration and voting under this Section to any registered |
20 | | voter in the election authority's jurisdiction. However, if the |
21 | | election authority does not have voting equipment that can |
22 | | accommodate a ballot in every form required in the election |
23 | | authority's jurisdiction, then the election authority may |
24 | | limit early voting and grace period registration and voting |
25 | | under this Section to registered voters in precincts where the |
26 | | public university is located and precincts bordering the |
|
| | SB0172 Enrolled | - 5 - | LRB098 04408 HLH 34436 b |
|
|
1 | | university. Each public university shall make the space |
2 | | available at the student union in a high traffic area for, and |
3 | | cooperate and coordinate with the appropriate election |
4 | | authority in, the implementation of this subsection (a).
|
5 | | (b) (Blank). Each appropriate election authority shall, in |
6 | | addition to the voting conducted at locations otherwise |
7 | | required by law, conduct in-person absentee voting on election |
8 | | day in a high-traffic location on the campus of a public |
9 | | university within the election authority's jurisdiction. The |
10 | | procedures for conducting in-person absentee voting at a site |
11 | | established pursuant to this subsection (b) shall, to the |
12 | | extent practicable, be the same procedures required by Article |
13 | | 19 of this Code for in-person absentee ballots. The election |
14 | | authority may limit in-person absentee voting under this |
15 | | subsection (b) to registered voters in precincts where the |
16 | | public university is located and precincts bordering the |
17 | | university. The election authority shall have voting equipment |
18 | | and ballots necessary to accommodate registered voters who may |
19 | | cast an in-person absentee ballot at a site established |
20 | | pursuant to this subsection (b). Each public university shall |
21 | | make the space available in a high-traffic area for, and |
22 | | cooperate and coordinate with the appropriate election |
23 | | authority in, the implementation of this subsection (b). |
24 | | (c) For the purposes of this Section, "public university" |
25 | | means the University of Illinois, Illinois State University, |
26 | | Chicago State University, Governors State University, Southern |
|
| | SB0172 Enrolled | - 6 - | LRB098 04408 HLH 34436 b |
|
|
1 | | Illinois University, Northern Illinois University, Eastern |
2 | | Illinois University, Western Illinois University, and |
3 | | Northeastern Illinois University the University of Illinois at |
4 | | its campuses in Urbana-Champaign and Springfield, Southern |
5 | | Illinois University at its campuses in Carbondale and |
6 | | Edwardsville, Eastern Illinois University, Illinois State |
7 | | University, Northern Illinois University, and Western Illinois |
8 | | University at its campuses in Macomb and Moline . |
9 | | (d) For the purposes of this Section, "student union" means |
10 | | the Student Center at 750 S. Halsted on the University of |
11 | | Illinois-Chicago campus; the Public Affairs Center at the |
12 | | University of Illinois at Springfield or a new building |
13 | | completed after the effective date of this Act housing student |
14 | | government at the University of Illinois at Springfield; the |
15 | | Illini Union at the University of Illinois at Urbana-Champaign; |
16 | | the SIUC Center at the Southern Illinois University at |
17 | | Carbondale campus; the Morris University Center at the Southern |
18 | | Illinois University at Edwardsville campus; the University |
19 | | Union at the Western Illinois University at the Macomb campus; |
20 | | the Holmes Student Center at the Northern Illinois University |
21 | | campus; the University Union at the Eastern Illinois University |
22 | | campus; NEIU Student Union at the Northeastern Illinois |
23 | | University campus; the Bone Student Center at the Illinois |
24 | | State University campus; the Cordell Reed Student Union at the |
25 | | Chicago State University campus; and the Hall of Governors in |
26 | | Building D at the Governors State University campus. |
|
| | SB0172 Enrolled | - 7 - | LRB098 04408 HLH 34436 b |
|
|
1 | | (Source: P.A. 98-115, eff. 7-29-13; 98-691, eff. 7-1-14.)
|
2 | | (10 ILCS 5/1A-8) (from Ch. 46, par. 1A-8)
|
3 | | Sec. 1A-8. The State Board of Elections shall exercise the |
4 | | following
powers and perform the following duties in addition |
5 | | to any powers or duties
otherwise provided for by law:
|
6 | | (1) Assume all duties and responsibilities of the State |
7 | | Electoral Board
and the Secretary of State as heretofore |
8 | | provided in this Act;
|
9 | | (2) Disseminate information to and consult with |
10 | | election authorities
concerning the conduct of elections |
11 | | and registration in accordance with the
laws of this State |
12 | | and the laws of the United States;
|
13 | | (3) Furnish to each election authority prior to each |
14 | | primary and general
election and any other election it |
15 | | deems necessary, a manual of uniform
instructions |
16 | | consistent with the provisions of this Act which shall be |
17 | | used
by election authorities in the preparation of the |
18 | | official manual of
instruction to be used by the judges of |
19 | | election in any such election. In
preparing such manual, |
20 | | the State Board shall consult with representatives
of the |
21 | | election authorities throughout the State. The State Board |
22 | | may
provide separate portions of the uniform instructions |
23 | | applicable to
different election jurisdictions which |
24 | | administer elections under different
options provided by |
25 | | law. The State Board may by regulation require
particular |
|
| | SB0172 Enrolled | - 8 - | LRB098 04408 HLH 34436 b |
|
|
1 | | portions of the uniform instructions to be included in any
|
2 | | official manual of instructions published by election |
3 | | authorities. Any
manual of instructions published by any |
4 | | election authority shall be
identical with the manual of |
5 | | uniform instructions issued by the Board, but
may be |
6 | | adapted by the election authority to accommodate special or |
7 | | unusual
local election problems, provided that all manuals |
8 | | published by election
authorities must be consistent with |
9 | | the provisions of this Act in all
respects and must receive |
10 | | the approval of the State Board of Elections
prior to |
11 | | publication; provided further that if the State Board does |
12 | | not
approve or disapprove of a proposed manual within 60 |
13 | | days of its
submission, the manual shall be deemed |
14 | | approved.
|
15 | | (4) Prescribe and require the use of such uniform |
16 | | forms, notices, and
other supplies not inconsistent with |
17 | | the provisions of this Act as it shall
deem advisable which |
18 | | shall be used by election authorities in the conduct
of |
19 | | elections and registrations;
|
20 | | (5) Prepare and certify the form of ballot for any |
21 | | proposed amendment to
the Constitution of the State of |
22 | | Illinois, or any referendum to be
submitted to the electors |
23 | | throughout the State or, when required to do so
by law, to |
24 | | the voters of any area or unit of local government of the |
25 | | State;
|
26 | | (6) Require such statistical reports regarding the |
|
| | SB0172 Enrolled | - 9 - | LRB098 04408 HLH 34436 b |
|
|
1 | | conduct of elections
and registration from election |
2 | | authorities as may be deemed necessary;
|
3 | | (7) Review and inspect procedures and records relating |
4 | | to conduct of
elections and registration as may be deemed |
5 | | necessary, and to report
violations of election laws to the |
6 | | appropriate State's Attorney or the Attorney General;
|
7 | | (8) Recommend to the General Assembly legislation to |
8 | | improve the
administration of elections and registration;
|
9 | | (9) Adopt, amend or rescind rules and regulations in |
10 | | the performance of
its duties provided that all such rules |
11 | | and regulations must be consistent
with the provisions of |
12 | | this Article 1A or issued pursuant to authority
otherwise |
13 | | provided by law;
|
14 | | (10) Determine the validity and sufficiency of |
15 | | petitions filed under
Article XIV, Section 3, of the |
16 | | Constitution of the State of Illinois of 1970;
|
17 | | (11) Maintain in its principal office a research |
18 | | library that includes,
but is not limited to, abstracts of |
19 | | votes by precinct for general primary
elections and general |
20 | | elections, current precinct maps and current precinct
poll |
21 | | lists from all election jurisdictions within the State. The |
22 | | research
library shall be open to the public during regular |
23 | | business hours. Such
abstracts, maps and lists shall be |
24 | | preserved as permanent records and shall
be available for |
25 | | examination and copying at a reasonable cost;
|
26 | | (12) Supervise the administration of the registration |
|
| | SB0172 Enrolled | - 10 - | LRB098 04408 HLH 34436 b |
|
|
1 | | and election laws
throughout the State;
|
2 | | (13) Obtain from the Department of Central Management |
3 | | Services,
under Section 405-250 of the Department of |
4 | | Central Management
Services Law (20 ILCS 405/405-250),
|
5 | | such use
of electronic data processing equipment as may be |
6 | | required to perform the
duties of the State Board of |
7 | | Elections and to provide election-related
information to |
8 | | candidates, public and party officials, interested civic
|
9 | | organizations and the general public in a timely and |
10 | | efficient manner; and
|
11 | | (14) To take such action as may be necessary or |
12 | | required to give
effect to directions of the national |
13 | | committee or State central committee of an established
|
14 | | political party under Sections 7-8, 7-11 and 7-14.1 or such |
15 | | other
provisions as may be applicable pertaining to the |
16 | | selection of delegates
and alternate delegates to an |
17 | | established political party's national
nominating |
18 | | conventions or, notwithstanding any candidate |
19 | | certification
schedule contained within the Election Code, |
20 | | the certification of the
Presidential and Vice
|
21 | | Presidential candidate selected by the established |
22 | | political party's national nominating
convention ; .
|
23 | | (15) To post all early voting sites separated by |
24 | | election authority and hours of operation on its website at |
25 | | least 5 business days before the period for early voting |
26 | | begins; and |
|
| | SB0172 Enrolled | - 11 - | LRB098 04408 HLH 34436 b |
|
|
1 | | (16) To post on its website the statewide totals, and |
2 | | totals separated by each election authority, for each of |
3 | | the counts received pursuant to Section 1-9.2. |
4 | | The Board may by regulation delegate any of its duties or
|
5 | | functions under this Article, except that final determinations |
6 | | and orders
under this Article shall be issued only by the |
7 | | Board.
|
8 | | The requirement for reporting to the General Assembly shall |
9 | | be satisfied
by filing copies of the report with the Speaker, |
10 | | the Minority Leader and
the Clerk of the House of |
11 | | Representatives and the President, the Minority
Leader and the |
12 | | Secretary of the Senate and the Legislative Research
Unit, as |
13 | | required by Section 3.1 of "An Act to revise the law in |
14 | | relation
to the General Assembly", approved February 25, 1874, |
15 | | as amended, and
filing such additional copies with the State |
16 | | Government Report Distribution
Center for the General Assembly |
17 | | as is required under paragraph (t) of
Section 7 of the State |
18 | | Library Act.
|
19 | | (Source: P.A. 95-6, eff. 6-20-07; 95-699, eff. 11-9-07.)
|
20 | | (10 ILCS 5/1A-16)
|
21 | | Sec. 1A-16. Voter registration information; Internet |
22 | | posting; processing
of voter registration forms; content of |
23 | | such forms. Notwithstanding any law to
the contrary, the |
24 | | following provisions shall apply to voter registration under
|
25 | | this Code.
|
|
| | SB0172 Enrolled | - 12 - | LRB098 04408 HLH 34436 b |
|
|
1 | | (a) Voter registration information; Internet posting of |
2 | | voter registration
form. Within 90 days after the effective |
3 | | date of this amendatory Act of the
93rd
General Assembly, the |
4 | | State Board of Elections shall post on its World Wide Web
site |
5 | | the following information:
|
6 | | (1) A comprehensive list of the names, addresses, phone |
7 | | numbers, and
websites, if applicable, of all county clerks |
8 | | and boards
of election commissioners in Illinois.
|
9 | | (2) A schedule of upcoming elections and the deadline |
10 | | for voter
registration.
|
11 | | (3) A downloadable, printable voter registration form, |
12 | | in at least English
and in
Spanish versions, that a person |
13 | | may complete and mail or submit to the
State Board of |
14 | | Elections or the appropriate county clerk or
board of |
15 | | election commissioners.
|
16 | | Any forms described under paragraph (3) must state the |
17 | | following:
|
18 | | If you do not have a driver's license or social |
19 | | security number, and this
form is submitted by mail, and |
20 | | you have never registered to vote in the
jurisdiction you |
21 | | are now registering in, then you must send, with this
|
22 | | application, either (i) a copy of a current and valid photo |
23 | | identification, or
(ii) a copy of a current utility bill, |
24 | | bank statement, government check,
paycheck, or other |
25 | | government document that shows the name and address of the
|
26 | | voter. If you do not provide the information required |
|
| | SB0172 Enrolled | - 13 - | LRB098 04408 HLH 34436 b |
|
|
1 | | above, then you will be
required to provide election |
2 | | officials with either (i) or (ii) described above
the first |
3 | | time you vote at a voting place or by absentee ballot .
|
4 | | (b) Acceptance of registration forms by the State Board of |
5 | | Elections and
county clerks and board of election |
6 | | commissioners. The
State Board of Elections, county clerks, and |
7 | | board of election commissioners
shall accept all completed |
8 | | voter registration forms
described in subsection (a)(3) of this |
9 | | Section and Sections 1A-17 and 1A-30 that are:
|
10 | | (1) postmarked on or before the day that voter |
11 | | registration is closed
under
the Election Code;
|
12 | | (2) not postmarked, but arrives no later than 5 days |
13 | | after the close
of registration;
|
14 | | (3) submitted in person by a person using the form on |
15 | | or before the
day that voter registration is closed under |
16 | | the Election Code; or
|
17 | | (4) submitted in person by a person who submits one or |
18 | | more forms
on behalf of one or more persons who used the |
19 | | form on or before
the day that voter registration is closed |
20 | | under the Election Code.
|
21 | | Upon the receipt of a registration form, the State Board of |
22 | | Elections shall
mark
the date on which the form was received
|
23 | | and send the form via first class mail to the appropriate |
24 | | county clerk or board
of
election commissioners, as the case |
25 | | may be, within 2 business days based upon
the home address of |
26 | | the person submitting the registration form. The county
clerk |
|
| | SB0172 Enrolled | - 14 - | LRB098 04408 HLH 34436 b |
|
|
1 | | and board of election commissioners shall accept and process |
2 | | any form
received from the State Board of Elections.
|
3 | | (c) Processing of registration forms by county clerks and |
4 | | boards of election
commissioners. The county clerk or board of |
5 | | election commissioners shall
promulgate procedures for |
6 | | processing the voter registration form.
|
7 | | (d) Contents of the voter registration form. The State |
8 | | Board shall create
a voter registration form, which must |
9 | | contain the following content:
|
10 | | (1) Instructions for completing the form.
|
11 | | (2) A summary of the qualifications to register to vote |
12 | | in Illinois.
|
13 | | (3) Instructions for mailing in or submitting the form |
14 | | in person.
|
15 | | (4) The phone number for the State Board of Elections |
16 | | should a person
submitting the form have questions.
|
17 | | (5) A box for the person to check that explains one of |
18 | | 3 reasons for
submitting the form:
|
19 | | (a) new registration;
|
20 | | (b) change of address; or
|
21 | | (c) change of name.
|
22 | | (6) a box for the person to check yes or no that asks, |
23 | | "Are you a citizen
of the United States?", a box for the |
24 | | person to check yes or no that asks,
"Will you be 18 years |
25 | | of age on or before election day?", and a statement of
"If |
26 | | you checked 'no' in response to either of these questions, |
|
| | SB0172 Enrolled | - 15 - | LRB098 04408 HLH 34436 b |
|
|
1 | | then do not
complete this form.".
|
2 | | (7) A space for the person to fill in his or her home |
3 | | telephone
number.
|
4 | | (8) Spaces for the person to fill in his or her first, |
5 | | middle, and last
names, street address (principal place of |
6 | | residence), county, city, state, and
zip code.
|
7 | | (9) Spaces for the person to fill in his or her mailing |
8 | | address, city,
state, and zip code if different from his or |
9 | | her principal place of residence.
|
10 | | (10) A space for the person to fill in his or her |
11 | | Illinois driver's
license number if the person has a |
12 | | driver's license.
|
13 | | (11) A space for a person without a driver's license to |
14 | | fill in the last
four digits of his or her social security |
15 | | number if the person has a social
security number.
|
16 | | (12) A space for a person without an Illinois driver's |
17 | | license to fill in
his or her identification number from |
18 | | his or her State Identification card
issued by the |
19 | | Secretary of State.
|
20 | | (13) A space for the person to fill the name appearing |
21 | | on his or her last
voter registration, the street address |
22 | | of his or her last registration,
including the city, |
23 | | county, state, and zip code.
|
24 | | (14) A space where the person swears or affirms the |
25 | | following under
penalty of perjury with his or her |
26 | | signature:
|
|
| | SB0172 Enrolled | - 16 - | LRB098 04408 HLH 34436 b |
|
|
1 | | (a) "I am a citizen of the United States.";
|
2 | | (b) "I will be at least 18 years old on or before |
3 | | the next election.";
|
4 | | (c) "I will have lived in the State of Illinois and |
5 | | in my election
precinct at least 30 days as of the date |
6 | | of the next election."; and
|
7 | | "The information I have provided is true to the |
8 | | best of my knowledge
under penalty of perjury. If I |
9 | | have provided false information, then I may be
fined, |
10 | | imprisoned, or if I am not a U.S. citizen, deported |
11 | | from or refused
entry into the United States."
|
12 | | (15) A space for the person to fill in his or her |
13 | | e-mail address if he or she chooses to provide that |
14 | | information. |
15 | | (d-5) Compliance with federal law; rulemaking authority. |
16 | | The voter
registration
form described in this Section shall be |
17 | | consistent with the form prescribed by
the
Federal
Election |
18 | | Commission under the National Voter Registration Act of 1993,
|
19 | | P.L. 103-31, as amended from time to time, and the Help America |
20 | | Vote Act of
2002, P.L. 107-252, in all relevant respects. The |
21 | | State Board of Elections
shall periodically update the form |
22 | | based on changes to federal or State law.
The State Board of |
23 | | Elections shall promulgate any rules necessary for the
|
24 | | implementation of this Section; provided that the rules
comport |
25 | | with the letter and spirit of the National Voter Registration |
26 | | Act of
1993 and Help America Vote Act of 2002 and maximize the |
|
| | SB0172 Enrolled | - 17 - | LRB098 04408 HLH 34436 b |
|
|
1 | | opportunity for a
person to register to vote.
|
2 | | (e) Forms available in paper form. The State Board of |
3 | | Elections shall make
the voter registration form available in |
4 | | regular paper stock and form in
sufficient quantities for the |
5 | | general public. The State Board of Elections may
provide the |
6 | | voter registration form to the Secretary of State, county
|
7 | | clerks, boards of election commissioners, designated agencies |
8 | | of the State of
Illinois, and any other person or entity |
9 | | designated to have these forms by the
Election Code in regular |
10 | | paper stock and form or some other format deemed
suitable by |
11 | | the Board. Each county clerk or board of election commissioners |
12 | | has
the authority to design and print its own voter |
13 | | registration form so long as
the form complies with the |
14 | | requirements of this Section. The State Board
of Elections, |
15 | | county clerks, boards of election commissioners, or other
|
16 | | designated agencies of the State of Illinois required to have |
17 | | these forms under
the Election Code shall provide a member of |
18 | | the public with any reasonable
number of forms
that he or she |
19 | | may request. Nothing in this Section shall permit the State
|
20 | | Board of
Elections, county clerk, board of election |
21 | | commissioners, or other appropriate
election official who may |
22 | | accept a voter registration form to refuse to accept
a voter |
23 | | registration form because the form is printed on photocopier or |
24 | | regular
paper
stock and form.
|
25 | | (f) (Blank).
|
26 | | (Source: P.A. 98-115, eff. 10-1-13.)
|
|
| | SB0172 Enrolled | - 18 - | LRB098 04408 HLH 34436 b |
|
|
1 | | (10 ILCS 5/1A-16.5) |
2 | | Sec. 1A-16.5. Online voter registration. |
3 | | (a) The State Board of Elections shall establish and |
4 | | maintain a system for online voter registration that permits a |
5 | | person to apply to register to vote or to update his or her |
6 | | existing voter registration. In accordance with technical |
7 | | specifications provided by the State Board of Elections, each |
8 | | election authority shall maintain a voter registration system |
9 | | capable of receiving and processing voter registration |
10 | | application information, including electronic signatures, from |
11 | | the online voter registration system established by the State |
12 | | Board of Elections. |
13 | | (b) The online voter registration system shall employ |
14 | | security measures to ensure the accuracy and integrity of voter |
15 | | registration applications submitted electronically pursuant to |
16 | | this Section. |
17 | | (c) The Board may receive voter registration information |
18 | | provided by applicants using the State Board of Elections' |
19 | | website, may cross reference that information with data or |
20 | | information contained in the Secretary of State's database in |
21 | | order to match the information submitted by applicants, and may |
22 | | receive from the Secretary of State the applicant's digitized |
23 | | signature upon a successful match of that applicant's |
24 | | information with that contained in the Secretary of State's |
25 | | database. |
|
| | SB0172 Enrolled | - 19 - | LRB098 04408 HLH 34436 b |
|
|
1 | | (d) Notwithstanding any other provision of law, a person |
2 | | who is qualified to register to vote and who has an authentic |
3 | | Illinois driver's license or State identification card issued |
4 | | by the Secretary of State may submit an application to register |
5 | | to vote electronically on a website maintained by the State |
6 | | Board of Elections. |
7 | | (e) An online voter registration application shall contain |
8 | | all of the information that is required for a paper application |
9 | | as provided in Section 1A-16 of this Code, except that the |
10 | | applicant shall be required to provide: |
11 | | (1) the applicant's full Illinois driver's license or |
12 | | State identification card number; |
13 | | (2) the last 4 digits of the applicant's social |
14 | | security number; and |
15 | | (3) the date the Illinois driver's license or State |
16 | | identification card was issued. |
17 | | (f) For an applicant's registration or change in |
18 | | registration to be accepted, the applicant shall mark the box |
19 | | associated with the following statement included as part of the |
20 | | online voter registration application: |
21 | | "By clicking on the box below, I swear or affirm all of the |
22 | | following: |
23 | | (1) I am the person whose name and identifying information |
24 | | is provided on this form, and I desire to register to vote in |
25 | | the State of Illinois. |
26 | | (2) All the information I have provided on this form is |
|
| | SB0172 Enrolled | - 20 - | LRB098 04408 HLH 34436 b |
|
|
1 | | true and correct as of the date I am submitting this form. |
2 | | (3) I authorize the Secretary of State to transmit to the |
3 | | State Board of Elections my signature that is on file with the |
4 | | Secretary of State and understand that such signature will be |
5 | | used by my local election authority on this online voter |
6 | | registration application for admission as an elector as if I |
7 | | had signed this form personally.". |
8 | | (g) Immediately upon receiving a completed online voter |
9 | | registration application, the online voter registration system |
10 | | shall send, by electronic mail, a confirmation notice that the |
11 | | application has been received. Within 48 hours of receiving |
12 | | such an application, the online voter registration system shall |
13 | | send by electronic mail, a notice informing the applicant of |
14 | | whether the following information has been matched with the |
15 | | Secretary of State database: |
16 | | (1) that the applicant has an authentic Illinois |
17 | | driver's license or State identification card issued by the |
18 | | Secretary of State and that the driver's license or State |
19 | | identification number provided by the applicant matches |
20 | | the driver's license or State identification card number |
21 | | for that person on file with the Secretary of State; |
22 | | (2) that the date of issuance of the Illinois driver's |
23 | | license or State identification card listed on the |
24 | | application matches the date of issuance of that card for |
25 | | that person on file with the Secretary of State; |
26 | | (3) that the date of birth provided by the applicant |
|
| | SB0172 Enrolled | - 21 - | LRB098 04408 HLH 34436 b |
|
|
1 | | matches the date of birth for that person on file with the |
2 | | Secretary of State; and |
3 | | (4) that the last 4 digits of the applicant's social |
4 | | security number matches the last 4 digits for that person |
5 | | on file with the Secretary of State. |
6 | | (h) If the information provided by the applicant matches |
7 | | the information on the Secretary of State's databases for any |
8 | | driver's license and State identification card holder and is |
9 | | matched as provided in subsection (g) above, the online voter |
10 | | registration system shall: |
11 | | (1) retrieve from the Secretary of State's database |
12 | | files an electronic copy of the applicant's signature from |
13 | | his or her Illinois driver's license or State |
14 | | identification card and such signature shall be deemed to |
15 | | be the applicant's signature on his or her online voter |
16 | | registration application; |
17 | | (2) within 2 days of receiving the application, forward |
18 | | to the county clerk or board of election commissioners |
19 | | having jurisdiction over the applicant's voter |
20 | | registration: (i) the application, along with the |
21 | | applicant's relevant data that can be directly loaded into |
22 | | the jurisdiction's voter registration system and (ii) a |
23 | | copy of the applicant's electronic signature and a |
24 | | certification from the State Board of Elections that the |
25 | | applicant's driver's license or State identification card |
26 | | number, driver's license or State identification card date |
|
| | SB0172 Enrolled | - 22 - | LRB098 04408 HLH 34436 b |
|
|
1 | | of issuance, and date of birth and social security |
2 | | information have been successfully matched. |
3 | | (i) Upon receipt of the online voter registration |
4 | | application, the county clerk or board of election |
5 | | commissioners having jurisdiction over the applicant's voter |
6 | | registration shall promptly search its voter registration |
7 | | database to determine whether the applicant is already |
8 | | registered to vote at the address on the application and |
9 | | whether the new registration would create a duplicate |
10 | | registration. If the applicant is already registered to vote at |
11 | | the address on the application, the clerk or board, as the case |
12 | | may be, shall send the applicant by first class mail, and |
13 | | electronic mail if the applicant has provided an electronic |
14 | | mail address on the original voter registration form for that |
15 | | address, a disposition notice as otherwise required by law |
16 | | informing the applicant that he or she is already registered to |
17 | | vote at such address. If the applicant is not already |
18 | | registered to vote at the address on the application and the |
19 | | applicant is otherwise eligible to register to vote, the clerk |
20 | | or board, as the case may be, shall: |
21 | | (1) enter the name and address of the applicant on the |
22 | | list of registered voters in the jurisdiction; and |
23 | | (2) send by mail, and electronic mail if the applicant |
24 | | has provided an electronic mail address on the voter |
25 | | registration form, a disposition notice to the applicant as |
26 | | otherwise provided by law setting forth the applicant's |
|
| | SB0172 Enrolled | - 23 - | LRB098 04408 HLH 34436 b |
|
|
1 | | name and address as it appears on the application and |
2 | | stating that the person is registered to vote. |
3 | | (j) An electronic signature of the person submitting a |
4 | | duplicate registration application or a change of address form |
5 | | that is retrieved and imported from the Secretary of State's |
6 | | driver's license or State identification card database as |
7 | | provided herein may, in the discretion of the clerk or board, |
8 | | be substituted for and replace any existing signature for that |
9 | | individual in the voter registration database of the county |
10 | | clerk or board of election commissioners. |
11 | | (k) Any new registration or change of address submitted |
12 | | electronically as provided in this Section shall become |
13 | | effective as of the date it is received by the county clerk or |
14 | | board of election commissioners having jurisdiction over said |
15 | | registration. Disposition notices prescribed in this Section |
16 | | shall be sent within 5 business days of receipt of the online |
17 | | application or change of address by the county clerk or board |
18 | | of election commissioners. |
19 | | (l) All provisions of this Code governing voter |
20 | | registration and applicable thereto and not inconsistent with |
21 | | this Section shall apply to online voter registration under |
22 | | this Section. All applications submitted on a website |
23 | | maintained by the State Board of Elections shall be deemed |
24 | | timely filed if they are submitted no later than 11:59 p.m. on |
25 | | the final day for voter registration prior to an election. |
26 | | After the registration period for an upcoming election has |
|
| | SB0172 Enrolled | - 24 - | LRB098 04408 HLH 34436 b |
|
|
1 | | ended and until the 2nd day following such election, the web |
2 | | page containing the online voter registration form on the State |
3 | | Board of Elections website shall inform users of the procedure |
4 | | for grace period voting. |
5 | | (m) The State Board of Elections shall maintain a list of |
6 | | the name, street address, e-mail address, and likely precinct, |
7 | | ward, township, and district numbers, as the case may be, of |
8 | | people who apply to vote online through the voter registration |
9 | | system and those names and that information shall be stored in |
10 | | an electronic format on its website, arranged by county and |
11 | | accessible to State and local political committees. |
12 | | (n) The Illinois State Board of Elections shall develop or |
13 | | cause to be developed an online voter registration system able |
14 | | to be accessed by at least the top two most used mobile |
15 | | electronic operating systems by January 1, 2016. The Illinois |
16 | | State Board of Elections shall submit a report to the General |
17 | | Assembly and the Governor by January 31, 2014 detailing the |
18 | | progress made to implement the online voter registration system |
19 | | described in this Section. |
20 | | (o) (Blank). The online voter registration system provided |
21 | | for in this Section shall be fully operational by July 1, 2014.
|
22 | | (p) Each State department that maintains an Internet |
23 | | website must include a hypertext link to the homepage website |
24 | | maintained and operated pursuant to this Section 1A-16.5. For |
25 | | the purposes of this Section, "State department" means the |
26 | | departments of State Government listed in Section 5-15 of the |
|
| | SB0172 Enrolled | - 25 - | LRB098 04408 HLH 34436 b |
|
|
1 | | Civil Administrative Code of Illinois (General Provisions and |
2 | | Departments of State Government). |
3 | | (Source: P.A. 98-115, eff. 7-29-13; 98-756, eff. 7-16-14.) |
4 | | (10 ILCS 5/1A-16.6 new) |
5 | | Sec. 1A-16.6. Government agency voter registration. |
6 | | (a) By April 1, 2016, the State Board of Elections shall |
7 | | establish and maintain a portal for government agency |
8 | | registration that permits an eligible person to electronically |
9 | | apply to register to vote or to update his or her existing |
10 | | voter registration whenever he or she conducts business, either |
11 | | online or in person, with a designated government agency. The |
12 | | portal shall interface with the online voter registration |
13 | | system established in Section 1A-16.5 of this Code and shall be |
14 | | capable of receiving and processing voter registration |
15 | | application information, including electronic signatures, from |
16 | | a designated government agency. The State Board of Elections |
17 | | shall modify the online voter registration system as necessary |
18 | | to implement this Section. |
19 | | Voter registration data received from a designated |
20 | | government agency through the online registration system shall |
21 | | be processed as provided for in Section 1A-16.5 of this Code. |
22 | | Whenever the registration interface is accessible to the |
23 | | general public, including, but not limited to, online |
24 | | transactions, the interface shall allow the applicant to |
25 | | complete the process as provided for in Section 1A-16.5 of this |
|
| | SB0172 Enrolled | - 26 - | LRB098 04408 HLH 34436 b |
|
|
1 | | Code. The online interface shall be capable of providing the |
2 | | applicant with the applicant's voter registration status with |
3 | | the State Board of Elections and, if registered, the |
4 | | applicant's current registration address. The applicant shall |
5 | | not be required to re-enter any registration data, such as |
6 | | name, address, and birth date, if the designated government |
7 | | agency already has that information on file. The applicant |
8 | | shall be informed that by choosing to register to vote or to |
9 | | update his or her existing voter registration, the applicant |
10 | | consents to the transfer of the applicant's personal |
11 | | information to the State Board of Elections. |
12 | | Whenever a government employee is accessing the |
13 | | registration system while servicing the applicant, the |
14 | | government employee shall notify the applicant of the |
15 | | applicant's registration status with the State Board of |
16 | | Elections and, if registered, the applicant's current |
17 | | registration address. If the applicant elects to register to |
18 | | vote or to update his or her existing voter registration, the |
19 | | government employee shall collect the needed information and |
20 | | assist the applicant with his or her registration. The |
21 | | applicant shall be informed that by choosing to register to |
22 | | vote or to update his or her existing voter registration, the |
23 | | applicant consents to the transfer of the applicant's personal |
24 | | information to the State Board of Elections. |
25 | | In accordance with technical specifications provided by |
26 | | the State Board of Elections, each designated government agency |
|
| | SB0172 Enrolled | - 27 - | LRB098 04408 HLH 34436 b |
|
|
1 | | shall maintain a data transfer mechanism capable of |
2 | | transmitting voter registration application information, |
3 | | including electronic signatures where available, to the online |
4 | | voter registration system established in Section 1A-16.5 of |
5 | | this Code. Each designated government agency shall establish |
6 | | and operate a voter registration system capable of transmitting |
7 | | voter registration application information to the portal as |
8 | | described in this Section by July 1, 2016. |
9 | | (b) Whenever an applicant's data is transferred from a |
10 | | designated government agency, the agency must transmit a |
11 | | signature image if available. If no signature image was |
12 | | provided by the agency or if no signature image is available in |
13 | | the Secretary of State's database or the statewide voter |
14 | | registration database, the applicant must be notified that |
15 | | their registration will remain in a pending status and the |
16 | | applicant will be required to provide identification and a |
17 | | signature to the election authority on Election Day in the |
18 | | polling place or during early voting. |
19 | | (c) The State Board of Elections shall track registration |
20 | | data received through the online registration system that |
21 | | originated from a designated government agency for the purposes |
22 | | of maintaining statistics required by the federal National |
23 | | Voter Registration Act of 1993, as amended. |
24 | | (d) The State Board of Elections shall submit a report to |
25 | | the General Assembly and the Governor by December 1, 2015 |
26 | | detailing the progress made to implement the government agency |
|
| | SB0172 Enrolled | - 28 - | LRB098 04408 HLH 34436 b |
|
|
1 | | voter registration portal described in this Section. |
2 | | (e) The Board shall adopt rules, in consultation with the |
3 | | impacted agencies. |
4 | | (f) As used in this Section, a "designated government |
5 | | agency" means the Secretary of State's Driver Services and |
6 | | Vehicle Services Departments, the Department of Human |
7 | | Services, the Department of Healthcare and Family Services, the |
8 | | Department of Employment Security, and the Department on Aging. |
9 | | (10 ILCS 5/1A-16.8 new) |
10 | | Sec. 1A-16.8. Automatic transfer of registration based |
11 | | upon information from the National Change of Address database. |
12 | | The State Board of Elections shall cross-reference the |
13 | | statewide voter registration database against the United |
14 | | States Postal Service's National Change of Address database |
15 | | twice each calendar year, April 15 and October 1 in |
16 | | odd-numbered years and April 15 and December 1 in even-numbered |
17 | | years, and shall share the findings with the election |
18 | | authorities. An election authority shall automatically |
19 | | register any voter who has moved into its jurisdiction from |
20 | | another jurisdiction in Illinois or has moved within its |
21 | | jurisdiction provided that: |
22 | | (1) the election authority whose jurisdiction includes |
23 | | the new registration address provides the voter an |
24 | | opportunity to reject the change in registration address |
25 | | through a mailing, sent by non-forwardable mail, to the new |
|
| | SB0172 Enrolled | - 29 - | LRB098 04408 HLH 34436 b |
|
|
1 | | registration address, and |
2 | | (2) when the election authority whose jurisdiction |
3 | | includes the previous registration address is a different |
4 | | election authority, then that election authority provides |
5 | | the same opportunity through a mailing, sent by forwardable |
6 | | mail, to the previous registration address. |
7 | | This change in registration shall trigger the same |
8 | | inter-jurisdictional or intra-jurisdictional workflows as if |
9 | | the voter completed a new registration card, including the |
10 | | cancellation of the voter's previous registration. Should the |
11 | | registration of a voter be changed from one address to another |
12 | | within the State and should the voter appear at the polls and |
13 | | offer to vote from the prior registration address, attesting |
14 | | that the prior registration address is the true current |
15 | | address, the voter, if confirmed by the election authority as |
16 | | having been registered at the prior registration address and |
17 | | canceled only by the process authorized by this Section, shall |
18 | | be issued a regular ballot, and the change of registration |
19 | | address shall be canceled. If the election authority is unable |
20 | | to immediately confirm the registration, the voter shall be |
21 | | issued a provisional ballot and the provisional ballot shall be |
22 | | counted. |
23 | | (10 ILCS 5/1A-25) |
24 | | Sec. 1A-25. Centralized statewide voter registration list. |
25 | | The centralized statewide voter registration list required by |
|
| | SB0172 Enrolled | - 30 - | LRB098 04408 HLH 34436 b |
|
|
1 | | Title III, Subtitle A, Section 303 of the Help America Vote Act |
2 | | of 2002 shall be created and maintained by the State Board of |
3 | | Elections as provided in this Section. |
4 | | (1) The centralized statewide voter registration list |
5 | | shall be compiled from the voter registration data bases of |
6 | | each election authority in this State.
|
7 | | (2) With the exception of voter registration forms |
8 | | submitted electronically through an online voter |
9 | | registration system, all new voter registration forms and |
10 | | applications to register to vote, including those reviewed |
11 | | by the Secretary of State at a driver services facility, |
12 | | shall be transmitted only to the appropriate election |
13 | | authority as required by Articles 4, 5, and 6 of this Code |
14 | | and not to the State Board of Elections. All voter |
15 | | registration forms submitted electronically to the State |
16 | | Board of Elections through an online voter registration |
17 | | system shall be transmitted to the appropriate election |
18 | | authority as required by Section 1A-16.5. The election |
19 | | authority shall process and verify each voter registration |
20 | | form and electronically enter verified registrations on an |
21 | | expedited basis onto the statewide voter registration |
22 | | list. All original registration cards shall remain |
23 | | permanently in the office of the election authority as |
24 | | required by this Code.
|
25 | | (3) The centralized statewide voter registration list |
26 | | shall:
|
|
| | SB0172 Enrolled | - 31 - | LRB098 04408 HLH 34436 b |
|
|
1 | | (i) Be designed to allow election authorities to |
2 | | utilize the registration data on the statewide voter |
3 | | registration list pertinent to voters registered in |
4 | | their election jurisdiction on locally maintained |
5 | | software programs that are unique to each |
6 | | jurisdiction.
|
7 | | (ii) Allow each election authority to perform |
8 | | essential election management functions, including but |
9 | | not limited to production of voter lists, processing of |
10 | | vote by mail absentee voters, production of |
11 | | individual, pre-printed applications to vote, |
12 | | administration of election judges, and polling place |
13 | | administration, but shall not prevent any election |
14 | | authority from using information from that election |
15 | | authority's own systems.
|
16 | | (4) The registration information maintained by each |
17 | | election authority shall be synchronized with that |
18 | | authority's information on the statewide list at least once |
19 | | every 24 hours.
|
20 | | To protect the privacy and confidentiality of voter |
21 | | registration information, the disclosure of any portion of the |
22 | | centralized statewide voter registration list to any person or |
23 | | entity other than to a State or local political committee and |
24 | | other than to a governmental entity for a governmental purpose |
25 | | is specifically prohibited except as follows: (1) subject to |
26 | | security measures adopted by the State Board of Elections |
|
| | SB0172 Enrolled | - 32 - | LRB098 04408 HLH 34436 b |
|
|
1 | | which, at a minimum, shall include the keeping of a catalog or |
2 | | database, available for public view, including the name, |
3 | | address, and telephone number of the person viewing the list as |
4 | | well as the time of that viewing, any person may view the list |
5 | | on a computer screen at the Springfield office of the State |
6 | | Board of Elections, during normal business hours other than |
7 | | during the 27 days before an election, but the person viewing |
8 | | the list under this exception may not print, duplicate, |
9 | | transmit, or alter the list ; or (2) as may be required by an |
10 | | agreement the State Board of Elections has entered into with a |
11 | | multi-state voter registration list maintenance system .
|
12 | | (Source: P.A. 98-115, eff. 7-29-13.) |
13 | | (10 ILCS 5/1A-45 new) |
14 | | Sec. 1A-45. Electronic Registration Information Center. |
15 | | (a) The State Board of Elections shall enter into an |
16 | | agreement with the Electronic Registration Information Center |
17 | | effective no later than January 1, 2016, for the purpose of |
18 | | maintaining a statewide voter registration database. The State |
19 | | Board of Elections shall comply with the requirements of the |
20 | | Electronic Registration Information Center Membership |
21 | | Agreement. The State Board of Elections shall require a term in |
22 | | the Electronic Registration Information Center Membership |
23 | | Agreement that requires the State to share identification |
24 | | records contained in the Secretary of State's Driver Services |
25 | | Department and Vehicle Services Department, the Department of |
|
| | SB0172 Enrolled | - 33 - | LRB098 04408 HLH 34436 b |
|
|
1 | | Human Services, the Department of Healthcare and Family |
2 | | Services, the Department of Aging, and the Department of |
3 | | Employment Security databases (excluding those fields |
4 | | unrelated to voter eligibility, such as income or health |
5 | | information). |
6 | | (b) The Secretary of State and the Board of Elections shall |
7 | | enter into an agreement to permit the Secretary of State to |
8 | | provide the State Board of Elections with any information |
9 | | required for compliance with the Electronic Registration |
10 | | Information Center Membership Agreement. The Secretary of |
11 | | State shall deliver this information as frequently as necessary |
12 | | for the State Board of Elections to comply with the Electronic |
13 | | Registration Information Center Membership Agreement. |
14 | | (b-5) The State Board of Elections and the Department of |
15 | | Human Services, the Department of Healthcare and Family |
16 | | Services, the Department on Aging, and the Department of |
17 | | Employment Security shall enter into an agreement to require |
18 | | each department to provide the State Board of Elections with |
19 | | any information necessary to transmit member data under the |
20 | | Electronic Registration Information Center Membership |
21 | | Agreement. The director or secretary, as applicable, of each |
22 | | agency shall deliver this information on an annual basis to the |
23 | | State Board of Elections pursuant to the agreement between the |
24 | | entities. |
25 | | (c) Any communication required to be delivered to a |
26 | | registrant or potential registrant pursuant to the Electronic |
|
| | SB0172 Enrolled | - 34 - | LRB098 04408 HLH 34436 b |
|
|
1 | | Registration Information Center Membership Agreement shall |
2 | | include at least the following message: |
3 | | "Our records show people at this address may not be |
4 | | registered to vote at this address, but you may be eligible |
5 | | to register to vote or re-register to vote at this address. |
6 | | If you are a U.S. Citizen, a resident of Illinois, and will |
7 | | be 18 years old or older before the next general election |
8 | | in November, you are qualified to vote. |
9 | | We invite you to check your registration online at |
10 | | (enter URL) or register to vote online at (enter URL), by |
11 | | requesting a mail-in voter registration form by (enter |
12 | | instructions for requesting a mail-in voter registration |
13 | | form), or visiting the (name of election authority) office |
14 | | at (address of election authority)." |
15 | | The words "register to vote online at (enter URL)" shall be |
16 | | bolded and of a distinct nature from the other words in the |
17 | | message required by this subsection (c). |
18 | | (d) Any communication required to be delivered to a |
19 | | potential registrant that has been identified by the Electronic |
20 | | Registration Information Center as eligible to vote but who is |
21 | | not registered to vote in Illinois shall be prepared and |
22 | | disseminated at the direction of the State Board of Elections. |
23 | | All other communications with potential registrants or |
24 | | re-registrants pursuant to the Electronic Registration |
25 | | Information Center Membership Agreement shall be prepared and |
26 | | disseminated at the direction of the appropriate election |
|
| | SB0172 Enrolled | - 35 - | LRB098 04408 HLH 34436 b |
|
|
1 | | authority. |
2 | | (e) The Executive Director of the State Board of Elections |
3 | | or his or her designee shall serve as the Member Representative |
4 | | to the Electronic Registration Information Center. |
5 | | (f) The State Board of Elections may adopt any rules |
6 | | necessary to enforce this Section or comply with the Electronic |
7 | | Registration Information Center Membership Agreement. |
8 | | (10 ILCS 5/3-6) |
9 | | Sec. 3-6. Voting age. Notwithstanding any other provision |
10 | | of law, a person who is 17 years old on the date of a primary |
11 | | election and who is otherwise qualified to vote is qualified to |
12 | | vote at that primary, including voting a vote by mail an |
13 | | absentee , grace period, or early voting ballot with respect to |
14 | | that primary, if that person will be 18 years old on the date |
15 | | of the immediately following general election. |
16 | | References in this Code and elsewhere to the requirement |
17 | | that a person must be 18 years old to vote shall be interpreted |
18 | | in accordance with this Section. |
19 | | For the purposes of this Act, an individual who is 17 years |
20 | | of age and who will be 18 years of age on the date of the |
21 | | general election shall be deemed competent to execute and |
22 | | attest to any voter registration forms.
|
23 | | (Source: P.A. 98-51, eff. 1-1-14.)
|
24 | | (10 ILCS 5/4-6.3) (from Ch. 46, par. 4-6.3)
|
|
| | SB0172 Enrolled | - 36 - | LRB098 04408 HLH 34436 b |
|
|
1 | | Sec. 4-6.3.
The county clerk may establish a temporary |
2 | | place of registration
for such times and at such locations |
3 | | within the county as the county clerk
may select. However, no |
4 | | temporary place of registration may be
in operation during the |
5 | | 27 days preceding an election. Notice
of the time and place
of |
6 | | registration under this Section shall be published by the |
7 | | county
clerk in a newspaper
having a general circulation in the |
8 | | county not less than 3 nor
more than 15 days before the holding |
9 | | of such registration.
|
10 | | Temporary places of registration shall be established so
|
11 | | that the areas of concentration of population or use by the |
12 | | public are served,
whether by
facilities provided in places of |
13 | | private business or in public buildings
or in mobile units. |
14 | | Areas which may be designated as temporary places of
|
15 | | registration include, but are not limited to, facilities |
16 | | licensed or certified
pursuant to the Nursing Home Care Act, |
17 | | the Specialized Mental Health Rehabilitation Act of 2013, or |
18 | | the ID/DD Community Care Act, Soldiers' and Sailors'
Homes, |
19 | | shopping centers, business districts, public buildings and |
20 | | county fairs.
|
21 | | Temporary places of registration shall be available to the
|
22 | | public not less than 2 hours per year for each 1,000 population |
23 | | or
fraction thereof in the county.
|
24 | | All temporary places of registration shall be manned by |
25 | | deputy county
clerks or deputy registrars appointed pursuant to |
26 | | Section 4-6.2.
|
|
| | SB0172 Enrolled | - 37 - | LRB098 04408 HLH 34436 b |
|
|
1 | | (Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-813, |
2 | | eff. 7-13-12; 98-104, eff. 7-22-13.)
|
3 | | (10 ILCS 5/4-10) (from Ch. 46, par. 4-10)
|
4 | | Sec. 4-10.
Except as herein provided, no person shall be |
5 | | registered,
unless he applies in person to a registration |
6 | | officer, answers such
relevant questions as may be asked of him |
7 | | by the registration officer,
and executes the affidavit of |
8 | | registration. The registration officer shall
require the |
9 | | applicant to furnish two forms of identification, and except in |
10 | | the
case of a homeless individual, one of which must include |
11 | | his or her residence
address. These forms of identification |
12 | | shall include, but not be limited to,
any of the following: |
13 | | driver's license, social security card, public aid
|
14 | | identification card, utility bill, employee or student |
15 | | identification card,
lease or contract for a residence, credit |
16 | | card, or a civic, union or professional association membership |
17 | | card.
The registration officer shall require a homeless |
18 | | individual to furnish
evidence of his or her use of the mailing |
19 | | address stated. This use may be
demonstrated by a piece of mail |
20 | | addressed to that individual and received at
that address or by |
21 | | a statement from a person authorizing use of the mailing
|
22 | | address. The registration officer shall require each applicant |
23 | | for
registration to read or have read to him the affidavit of |
24 | | registration
before permitting him to execute the affidavit.
|
25 | | One of the registration officers or a deputy registration |
|
| | SB0172 Enrolled | - 38 - | LRB098 04408 HLH 34436 b |
|
|
1 | | officer,
county clerk, or clerk in the office of the county |
2 | | clerk, shall
administer to all persons who shall personally |
3 | | apply to register the
following oath or affirmation:
|
4 | | "You do solemnly swear (or affirm) that you will fully and |
5 | | truly
answer all such questions as shall be put to you touching |
6 | | your name,
place of residence, place of birth, your |
7 | | qualifications as an elector
and your right as such to register |
8 | | and vote under the laws of the State
of Illinois."
|
9 | | The registration officer shall satisfy himself that each |
10 | | applicant
for registration is qualified to register before |
11 | | registering him. If the
registration officer has reason to |
12 | | believe that the applicant is a resident
of a Soldiers' and |
13 | | Sailors' Home or any facility which is licensed or certified
|
14 | | pursuant to the Nursing Home Care Act, the Specialized Mental |
15 | | Health Rehabilitation Act of 2013, or the ID/DD Community Care |
16 | | Act, the following question shall be put,
"When you entered the |
17 | | home which is your present address, was it your bona
fide |
18 | | intention to become a resident thereof?" Any voter of a |
19 | | township, city,
village or incorporated town in which such |
20 | | applicant resides, shall be
permitted to be present at the |
21 | | place of any precinct registration and shall
have the right to |
22 | | challenge any applicant who applies to be registered.
|
23 | | In case the officer is not satisfied that the applicant is |
24 | | qualified
he shall forthwith notify such applicant in writing |
25 | | to appear before the
county clerk to complete his registration. |
26 | | Upon the card of such
applicant shall be written the word |
|
| | SB0172 Enrolled | - 39 - | LRB098 04408 HLH 34436 b |
|
|
1 | | "incomplete" and no such applicant
shall be permitted to vote |
2 | | unless such registration is satisfactorily
completed as |
3 | | hereinafter provided. No registration shall be taken and
marked |
4 | | as incomplete if information to complete it can be furnished on
|
5 | | the date of the original application.
|
6 | | Any person claiming to be an elector in any election |
7 | | precinct and
whose registration card is marked "Incomplete" may |
8 | | make and sign an
application in writing, under oath, to the |
9 | | county clerk in substance in
the following form:
|
10 | | "I do solemnly swear that I, ...., did on (insert date) |
11 | | make
application to the board of registry of the .... precinct |
12 | | of the township of
.... (or to the county clerk of .... county) |
13 | | and that said board or clerk
refused to complete my |
14 | | registration as a qualified voter in said
precinct. That I |
15 | | reside in said precinct, that I intend to reside in said
|
16 | | precinct, and am a duly qualified voter of said precinct and am |
17 | | entitled to be
registered to vote in said precinct at the next |
18 | | election.
|
19 | | (Signature of applicant) ............................."
|
20 | | All such applications shall be presented to the county |
21 | | clerk or to
his duly authorized representative by the |
22 | | applicant, in person between
the hours of 9:00 a.m. and 5:00 |
23 | | p.m. on any day after the days on
which the 1969 and 1970 |
24 | | precinct re-registrations are held but not on
any day within 27 |
25 | | days preceding the ensuing general election and
thereafter for |
|
| | SB0172 Enrolled | - 40 - | LRB098 04408 HLH 34436 b |
|
|
1 | | the registration provided in Section 4-7 all such
applications |
2 | | shall be presented to the county clerk or his duly
authorized |
3 | | representative by the applicant in person between the hours
of |
4 | | 9:00 a.m. and 5:00 p.m. on any day prior to 27 days preceding |
5 | | the
ensuing general election. Such application shall be heard |
6 | | by the county
clerk or his duly authorized representative at |
7 | | the time the application
is presented. If the applicant for |
8 | | registration has registered with the
county clerk, such |
9 | | application may be presented to and heard by the
county clerk |
10 | | or by his duly authorized representative upon the dates
|
11 | | specified above or at any time prior thereto designated by the |
12 | | county clerk.
|
13 | | Any otherwise qualified person who is absent from his |
14 | | county of
residence either due to business of the United States |
15 | | or because he is
temporarily outside the territorial limits of |
16 | | the United States may
become registered by mailing an |
17 | | application to the county clerk within
the periods of |
18 | | registration provided for in this Article, or by simultaneous
|
19 | | application for absentee registration by mail and vote by mail |
20 | | absentee ballot as provided in
Article 20 of this Code.
|
21 | | Upon receipt of such application the county clerk shall |
22 | | immediately
mail an affidavit of registration in duplicate, |
23 | | which affidavit shall
contain the following and such other |
24 | | information as the State Board of
Elections may think it proper |
25 | | to require for the identification of the
applicant:
|
26 | | Name. The name of the applicant, giving surname and first |
|
| | SB0172 Enrolled | - 41 - | LRB098 04408 HLH 34436 b |
|
|
1 | | or
Christian name in full, and the middle name or the initial |
2 | | for such
middle name, if any.
|
3 | | Sex.
|
4 | | Residence. The name and number of the street, avenue or |
5 | | other
location of the dwelling, and such additional clear and |
6 | | definite
description as may be necessary to determine the exact |
7 | | location of the
dwelling of the applicant. Where the location |
8 | | cannot be determined by
street and number, then the Section, |
9 | | congressional township and range
number may be used, or such |
10 | | other information as may be necessary,
including post office |
11 | | mailing address.
|
12 | | Electronic mail address, if the registrant has provided |
13 | | this information. |
14 | | Term of residence in the State of Illinois and the |
15 | | precinct.
|
16 | | Nativity. The State or country in which the applicant was |
17 | | born.
|
18 | | Citizenship. Whether the applicant is native born or |
19 | | naturalized. If
naturalized, the court, place and date of |
20 | | naturalization.
|
21 | | Age. Date of birth, by month, day and year.
|
22 | | Out of State address of ..........................
|
23 | | AFFIDAVIT OF REGISTRATION
|
24 | | State of ...........)
|
25 | | )ss
|
26 | | County of ..........)
|
|
| | SB0172 Enrolled | - 42 - | LRB098 04408 HLH 34436 b |
|
|
1 | | I hereby swear (or affirm) that I am a citizen of the |
2 | | United States;
that on the day of the next election I shall |
3 | | have resided in the State
of Illinois and in the election |
4 | | precinct 30 days; that I am
fully qualified to vote, that I am |
5 | | not registered to vote anywhere else
in the United States, that |
6 | | I intend to remain a resident of the State of
Illinois and of |
7 | | the election precinct, that I intend to return to the State
of |
8 | | Illinois, and that the above statements are true.
|
9 | | ..............................
|
10 | | (His or her signature or mark)
|
11 | | Subscribed and sworn to before me, an officer qualified to |
12 | | administer
oaths, on (insert date).
|
13 | | ........................................
|
14 | | Signature of officer administering oath.
|
15 | | Upon receipt of the executed duplicate affidavit of |
16 | | Registration, the
county clerk shall transfer the information |
17 | | contained thereon to
duplicate Registration Cards provided for |
18 | | in Section 4-8 of this Article
and shall attach thereto a copy |
19 | | of each of the duplicate affidavit of
registration and |
20 | | thereafter such registration card and affidavit shall
|
21 | | constitute the registration of such person the same as if he |
22 | | had applied
for registration in person.
|
23 | | (Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-813, |
24 | | eff. 7-13-12; 98-104, eff. 7-22-13; 98-115, eff. 10-1-13; |
25 | | 98-756, eff. 7-16-14.)
|
|
| | SB0172 Enrolled | - 43 - | LRB098 04408 HLH 34436 b |
|
|
1 | | (10 ILCS 5/4-50) |
2 | | Sec. 4-50. Grace period. Notwithstanding any other |
3 | | provision of this
Code to the contrary, each election authority |
4 | | shall
establish procedures for the registration of voters and |
5 | | for change of address during the period from the close of
|
6 | | registration for an a primary or election and until and |
7 | | including the 3rd day of the before the
primary or election , |
8 | | except that during the 2014 general election the period shall |
9 | | extend until the polls close on election day . During this grace |
10 | | period, an unregistered qualified
elector may
register to vote, |
11 | | and a registered voter may submit a change of address form, in |
12 | | person in the office of the election
authority , at a permanent |
13 | | polling place established under Section 19A-10, at any other |
14 | | early voting site beginning 15 days prior to the election, at a |
15 | | polling place on election day, or at a voter registration |
16 | | location specifically designated for this
purpose by the |
17 | | election authority. During the 2014 general election, an |
18 | | unregistered qualified elector may register to vote, and a |
19 | | registered voter may submit a change of address form, in person |
20 | | at any permanent polling place for early voting established |
21 | | under Section 19A-10 through election day. The election |
22 | | authority shall
register that individual, or change a |
23 | | registered voter's address, in the same manner as otherwise |
24 | | provided by this Article for registration and change of |
25 | | address. |
26 | | If a voter who registers or changes address during this |
|
| | SB0172 Enrolled | - 44 - | LRB098 04408 HLH 34436 b |
|
|
1 | | grace period wishes to vote at the first election or primary |
2 | | occurring during after the grace period, he or she must do so |
3 | | by grace period voting. The election authority shall offer |
4 | | in-person grace period voting at the authority's office , and |
5 | | any permanent polling place established under Section 19A-10, |
6 | | and at any other early voting site beginning 15 days prior to |
7 | | the election, at a polling place on election day, where grace |
8 | | period registration is required by this Section; and may offer |
9 | | in-person grace period voting at additional hours and locations |
10 | | specifically designated for the purpose of grace period voting |
11 | | by the election authority. The election authority may allow |
12 | | grace period voting by mail only if the election authority has |
13 | | no ballots prepared at the authority's office. Grace period |
14 | | voting shall be in a manner substantially similar to voting |
15 | | under Article 19A 19 . |
16 | | Within one day after a voter casts a grace period ballot, |
17 | | or within one day after the ballot is received by the election |
18 | | authority if the election authority allows grace period voting |
19 | | by mail, the election authority shall transmit by electronic |
20 | | means pursuant to a process established by the State Board of |
21 | | Elections the voter's name, street address, e-mail address, and |
22 | | precinct, ward, township, and district numbers, as the case may |
23 | | be, to the State Board of Elections, which shall maintain those |
24 | | names and that information in an electronic format on its |
25 | | website, arranged by county and accessible to State and local |
26 | | political committees. The name of each person issued a grace |
|
| | SB0172 Enrolled | - 45 - | LRB098 04408 HLH 34436 b |
|
|
1 | | period ballot shall also be placed on the appropriate precinct |
2 | | list of persons to whom vote by mail absentee and early ballots |
3 | | have been issued, for use as provided in Sections 17-9 and |
4 | | 18-5. |
5 | | A person who casts a grace period ballot shall not be |
6 | | permitted to revoke that ballot and vote another ballot with |
7 | | respect to that primary or election. Ballots cast by persons |
8 | | who register or change address during the grace period at a |
9 | | location other than their designated polling place on election |
10 | | day must be transmitted to and counted at the election |
11 | | authority's central ballot counting location and shall not be |
12 | | transmitted to and counted at precinct polling places.
The |
13 | | grace period ballots determined to be valid shall be added to |
14 | | the vote totals for the precincts for which they were cast in |
15 | | the order in which the ballots were opened. |
16 | | In counties with a population of less than 100,000 that do |
17 | | not have electronic poll books, the election authority may opt |
18 | | out of registration in the polling place if the election |
19 | | authority establishes grace period registration and voting at |
20 | | other sites on election day at the following sites: (i) the |
21 | | election authority's main office and (ii) a polling place in |
22 | | each municipality where 20% or more of the county's residents |
23 | | reside if the election authority's main office is not located |
24 | | in that municipality. The election authority may establish |
25 | | other grace period registration and voting sites on election |
26 | | day provided that the election authority has met the notice |
|
| | SB0172 Enrolled | - 46 - | LRB098 04408 HLH 34436 b |
|
|
1 | | requirements of Section 19A-25 for permanent and temporary |
2 | | early voting sites.
|
3 | | (Source: P.A. 97-766, eff. 7-6-12; 98-115, eff. 7-29-13; |
4 | | 98-691, eff. 7-1-14.) |
5 | | (10 ILCS 5/4-105)
|
6 | | Sec. 4-105. First time voting. A person must vote for the |
7 | | first time in person and not by a vote by mail mailed absentee |
8 | | ballot if the person registered to vote by mail, unless the |
9 | | person first provides the appropriate election authority with |
10 | | sufficient proof of identity and the election authority |
11 | | verifies the person's proof of identity. Sufficient proof of |
12 | | identity shall be demonstrated by submission of the person's |
13 | | driver's license number or State identification card number or, |
14 | | if the person does not have either of those, verification by |
15 | | the last 4 digits of the person's social security number, a |
16 | | copy of a current and valid photo identification, or a copy of |
17 | | a current utility bill, bank statement, paycheck, government |
18 | | check, or other federal, State, or local government document |
19 | | that shows the person's name and address. A person may also |
20 | | demonstrate sufficient proof of identity by submission of a |
21 | | photo identification issued by a college or university |
22 | | accompanied by either a copy of the applicant's contract or |
23 | | lease for a residence or any postmarked mail delivered to the |
24 | | applicant at his or her current residence address. Persons who |
25 | | apply to register to vote by mail but provide inadequate proof |
|
| | SB0172 Enrolled | - 47 - | LRB098 04408 HLH 34436 b |
|
|
1 | | of identity to the election authority shall be notified by the |
2 | | election authority that the registration has not been fully |
3 | | completed and that the person remains ineligible to vote by |
4 | | mail or in person until such proof is presented.
|
5 | | (Source: P.A. 95-699, eff. 11-9-07; 96-317, eff. 1-1-10.)
|
6 | | (10 ILCS 5/5-9) (from Ch. 46, par. 5-9)
|
7 | | Sec. 5-9.
Except as herein provided, no person shall be |
8 | | registered
unless he applies in person to registration officer, |
9 | | answers such
relevant questions as may be asked of him by the |
10 | | registration officer,
and executes the affidavit of |
11 | | registration. The registration officer shall
require the |
12 | | applicant to furnish two forms of identification, and except in |
13 | | the
case of a homeless individual, one of which must include |
14 | | his or her residence
address. These forms of identification |
15 | | shall include, but not be limited to,
any of the following: |
16 | | driver's license, social security card, public aid
|
17 | | identification card, utility bill, employee or student |
18 | | identification card,
lease or contract for a residence, credit |
19 | | card, or a civic, union or professional association membership |
20 | | card.
The registration officer shall require a homeless |
21 | | individual to furnish
evidence of his or her use of the mailing |
22 | | address stated. This use may be
demonstrated by a piece of mail |
23 | | addressed to that individual and received at
that address or by |
24 | | a statement from a person authorizing use of the mailing
|
25 | | address. The registration officer shall require each applicant |
|
| | SB0172 Enrolled | - 48 - | LRB098 04408 HLH 34436 b |
|
|
1 | | for registration
to read or have read to him the affidavit of |
2 | | registration before permitting him
to execute the affidavit.
|
3 | | One of the Deputy Registrars, the Judge of Registration, or |
4 | | an
Officer of Registration, County Clerk, or clerk in the |
5 | | office of the
County Clerk, shall administer to all persons who |
6 | | shall personally apply
to register the following oath or |
7 | | affirmation:
|
8 | | "You do solemnly swear (or affirm) that you will fully and |
9 | | truly
answer all such questions as shall be put to you touching |
10 | | your place of
residence, name, place of birth, your |
11 | | qualifications as an elector and
your right as such to register |
12 | | and vote under the laws of the State of
Illinois."
|
13 | | The Registration Officer shall satisfy himself that each |
14 | | applicant
for registration is qualified to register before |
15 | | registering him. If the
registration officer has reason to |
16 | | believe that the applicant is a resident
of a Soldiers' and |
17 | | Sailors' Home or any facility which is licensed or certified
|
18 | | pursuant to the Nursing Home Care Act, the Specialized Mental |
19 | | Health Rehabilitation Act of 2013, or the ID/DD Community Care |
20 | | Act, the following question shall be put,
"When you entered the |
21 | | home which is your present address, was it your bona fide
|
22 | | intention to become a resident thereof?" Any voter of a |
23 | | township, city,
village or incorporated town in which such |
24 | | applicant resides, shall be
permitted to be present at the |
25 | | place of precinct registration, and shall have
the right to |
26 | | challenge any applicant who applies to be registered.
|
|
| | SB0172 Enrolled | - 49 - | LRB098 04408 HLH 34436 b |
|
|
1 | | In case the officer is not satisfied that the applicant is |
2 | | qualified,
he shall forthwith in writing notify such applicant |
3 | | to appear before the
County Clerk to furnish further proof of |
4 | | his qualifications. Upon the
card of such applicant shall be |
5 | | written the word "Incomplete" and no
such applicant shall be |
6 | | permitted to vote unless such registration is
satisfactorily |
7 | | completed as hereinafter provided. No registration shall
be |
8 | | taken and marked as "incomplete" if information to complete it |
9 | | can be
furnished on the date of the original application.
|
10 | | Any person claiming to be an elector in any election |
11 | | precinct in such
township, city, village or incorporated town |
12 | | and whose registration is
marked "Incomplete" may make and sign |
13 | | an application in writing, under
oath, to the County Clerk in |
14 | | substance in the following form:
|
15 | | "I do solemnly swear that I, .........., did on (insert |
16 | | date) make application to the Board of Registry of the ........
|
17 | | precinct of ........ ward of the City of .... or of the |
18 | | ......... District
......... Town of .......... (or to the |
19 | | County Clerk of .............) and
............ County; that |
20 | | said Board or Clerk refused to complete my
registration as a |
21 | | qualified voter in said precinct, that I reside in said
|
22 | | precinct (or that I intend to reside in said precinct), am a |
23 | | duly qualified
voter and entitled to vote in said precinct at |
24 | | the next election.
|
25 | | ...........................
|
26 | | (Signature of Applicant)"
|
|
| | SB0172 Enrolled | - 50 - | LRB098 04408 HLH 34436 b |
|
|
1 | | All such applications shall be presented to the County |
2 | | Clerk by the
applicant, in person between the hours of nine |
3 | | o'clock a.m. and five
o'clock p.m., on Monday and Tuesday of |
4 | | the third week subsequent to
the weeks in which the 1961 and |
5 | | 1962 precinct re-registrations are to be
held, and thereafter |
6 | | for the registration provided in Section 5-17 of
this Article, |
7 | | all such applications shall be presented to the County
Clerk by |
8 | | the applicant in person between the hours of nine o'clock a.m.
|
9 | | and nine o'clock p.m. on Monday and Tuesday of the third week
|
10 | | prior to the date on which such election is to be held.
|
11 | | Any otherwise qualified person who is absent from his |
12 | | county of
residence either due to business of the United States |
13 | | or because he is
temporarily outside the territorial limits of |
14 | | the United States may
become registered by mailing an |
15 | | application to the county clerk within
the periods of |
16 | | registration provided for in this Article or by simultaneous
|
17 | | application for absentee registration by mail and vote by mail |
18 | | absentee ballot as provided in
Article 20 of this Code.
|
19 | | Upon receipt of such application the county clerk shall |
20 | | immediately
mail an affidavit of registration in duplicate, |
21 | | which affidavit shall
contain the following and such other |
22 | | information as the State Board of
Elections may think it proper |
23 | | to require for the identification of the
applicant:
|
24 | | Name. The name of the applicant, giving surname and first |
25 | | or
Christian name in full, and the middle name or the initial |
26 | | for such
middle name, if any.
|
|
| | SB0172 Enrolled | - 51 - | LRB098 04408 HLH 34436 b |
|
|
1 | | Sex.
|
2 | | Residence. The name and number of the street, avenue or |
3 | | other
location of the dwelling, and such additional clear and |
4 | | definite
description as may be necessary to determine the exact |
5 | | location of the
dwelling of the applicant. Where the location |
6 | | cannot be determined by
street and number, then the Section, |
7 | | congressional township and range
number may be used, or such |
8 | | other information as may be necessary,
including post office |
9 | | mailing address.
|
10 | | Electronic mail address, if the registrant has provided |
11 | | this information. |
12 | | Term of residence in the State of Illinois and the |
13 | | precinct.
|
14 | | Nativity. The State or country in which the applicant was |
15 | | born.
|
16 | | Citizenship. Whether the applicant is native born or |
17 | | naturalized. If
naturalized, the court, place and date of |
18 | | naturalization.
|
19 | | Age. Date of birth, by month, day and year.
|
20 | | Out of State address of ..........................
|
21 | | AFFIDAVIT OF REGISTRATION
|
22 | | State of .........)
|
23 | | )ss
|
24 | | County of ........)
|
25 | | I hereby swear (or affirm) that I am a citizen of the |
26 | | United States;
that on the day of the next election I shall |
|
| | SB0172 Enrolled | - 52 - | LRB098 04408 HLH 34436 b |
|
|
1 | | have resided in the State
of Illinois for 6 months and in the |
2 | | election precinct 30 days; that I am
fully qualified to vote, |
3 | | that I am not registered to vote anywhere else
in the United |
4 | | States, that I intend to remain a resident of the State of
|
5 | | Illinois and of the election precinct, that I intend to return |
6 | | to the State
of Illinois, and that the above statements are |
7 | | true.
|
8 | | ..............................
|
9 | | (His or her signature or mark)
|
10 | | Subscribed and sworn to before me, an officer qualified to |
11 | | administer
oaths, on (insert date).
|
12 | | ........................................
|
13 | | Signature of officer administering oath.
|
14 | | Upon receipt of the executed duplicate affidavit of |
15 | | Registration, the
county clerk shall transfer the information |
16 | | contained thereon to
duplicate Registration Cards provided for |
17 | | in Section 5-7 of this Article
and shall attach thereto a copy |
18 | | of each of the duplicate affidavit of
registration and |
19 | | thereafter such registration card and affidavit shall
|
20 | | constitute the registration of such person the same as if he |
21 | | had applied
for registration in person.
|
22 | | (Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-813, |
23 | | eff. 7-13-12; 98-104, eff. 7-22-13; 98-115, eff. 10-1-13; |
24 | | 98-756, eff. 7-16-14.)
|
|
| | SB0172 Enrolled | - 53 - | LRB098 04408 HLH 34436 b |
|
|
1 | | (10 ILCS 5/5-16.3) (from Ch. 46, par. 5-16.3)
|
2 | | Sec. 5-16.3.
The county clerk may establish temporary |
3 | | places of
registration for such times and at such locations |
4 | | within the county as the
county clerk may select. However, no |
5 | | temporary place of
registration may be in operation during the
|
6 | | 27 days preceding an election. Notice
of time and place of |
7 | | registration at any such temporary place of
registration under |
8 | | this Section shall be published by the county
clerk in a |
9 | | newspaper having a general circulation in the county not less
|
10 | | than 3 nor more than 15 days before the holding of such |
11 | | registration.
|
12 | | Temporary places of registration shall be established so |
13 | | that the
areas of concentration of population or use by the |
14 | | public are served,
whether by facilities provided in places of |
15 | | private business or in
public buildings or in mobile units. |
16 | | Areas which may be designated as
temporary places of |
17 | | registration include, but are not limited to, facilities
|
18 | | licensed or certified pursuant to the Nursing Home Care Act, |
19 | | the Specialized Mental Health Rehabilitation Act of 2013, or |
20 | | the ID/DD Community Care Act,
Soldiers' and Sailors' Homes,
|
21 | | shopping centers, business districts, public buildings and |
22 | | county fairs.
|
23 | | Temporary places of registration shall be available to the |
24 | | public not
less than 2 hours per year for each 1,000 population |
25 | | or fraction thereof
in the county.
|
26 | | All temporary places of registration shall be manned by |
|
| | SB0172 Enrolled | - 54 - | LRB098 04408 HLH 34436 b |
|
|
1 | | deputy county
clerks or deputy registrars appointed pursuant to |
2 | | Section 5-16.2.
|
3 | | (Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-813, |
4 | | eff. 7-13-12; 98-104, eff. 7-22-13.)
|
5 | | (10 ILCS 5/5-50) |
6 | | Sec. 5-50. Grace period. Notwithstanding any other |
7 | | provision of this
Code to the contrary, each election authority |
8 | | shall
establish procedures for the registration of voters and |
9 | | for change of address during the period from the close of
|
10 | | registration for an a primary or election and until and |
11 | | including the 3rd day of the before the
primary or election , |
12 | | except that during the 2014 general election the period shall |
13 | | extend until the polls close on election day . During this grace |
14 | | period, an unregistered qualified
elector may
register to vote, |
15 | | and a registered voter may submit a change of address form, in |
16 | | person in the office of the election
authority , at a permanent |
17 | | polling place established under Section 19A-10, at any other |
18 | | early voting site beginning 15 days prior to the election, at a |
19 | | polling place on election day, or at a voter registration |
20 | | location specifically designated for this
purpose by the |
21 | | election authority. During the 2014 general election, an |
22 | | unregistered qualified elector may register to vote, and a |
23 | | registered voter may submit a change of address form, in person |
24 | | at any permanent polling place for early voting established |
25 | | pursuant to Section 19A-10 through election day. The election |
|
| | SB0172 Enrolled | - 55 - | LRB098 04408 HLH 34436 b |
|
|
1 | | authority shall
register that individual, or change a |
2 | | registered voter's address, in the same manner as otherwise |
3 | | provided by this Article for registration and change of |
4 | | address. |
5 | | If a voter who registers or changes address during this |
6 | | grace period wishes to vote at the first election or primary |
7 | | occurring during after the grace period, he or she must do so |
8 | | by grace period voting. The election authority shall offer |
9 | | in-person grace period voting at his or her office , and any |
10 | | permanent polling place established under Section 19A-10, and |
11 | | at any other early voting site beginning 15 days prior to the |
12 | | election, at a polling place on election day, where grace |
13 | | period registration is required by this Section; and may offer |
14 | | in-person grace period voting at additional hours and locations |
15 | | specifically designated for the purpose of grace period voting |
16 | | by the election authority. The election authority may allow |
17 | | grace period voting by mail only if the election authority has |
18 | | no ballots prepared at the authority's office. Grace period |
19 | | voting shall be in a manner substantially similar to voting |
20 | | under Article 19A 19 . |
21 | | Within one day after a voter casts a grace period ballot, |
22 | | or within one day after the ballot is received by the election |
23 | | authority if the election authority allows grace period voting |
24 | | by mail, the election authority shall transmit by electronic |
25 | | means pursuant to a process established by the State Board of |
26 | | Elections the voter's name, street address, e-mail address, and |
|
| | SB0172 Enrolled | - 56 - | LRB098 04408 HLH 34436 b |
|
|
1 | | precinct, ward, township, and district numbers, as the case may |
2 | | be, to the State Board of Elections, which shall maintain those |
3 | | names and that information in an electronic format on its |
4 | | website, arranged by county and accessible to State and local |
5 | | political committees. The name of each person issued a grace |
6 | | period ballot shall also be placed on the appropriate precinct |
7 | | list of persons to whom vote by mail absentee and early ballots |
8 | | have been issued, for use as provided in Sections 17-9 and |
9 | | 18-5. |
10 | | A person who casts a grace period ballot shall not be |
11 | | permitted to revoke that ballot and vote another ballot with |
12 | | respect to that primary or election. Ballots cast by persons |
13 | | who register or change address during the grace period at a |
14 | | location other than their designated polling place on election |
15 | | day must be transmitted to and counted at the election |
16 | | authority's central ballot counting location and shall not be |
17 | | transmitted to and counted at precinct polling places. The |
18 | | grace period ballots determined to be valid shall be added to |
19 | | the vote totals for the precincts for which they were cast in |
20 | | the order in which the ballots were opened.
|
21 | | In counties with a population of less than 100,000 that do |
22 | | not have electronic poll books, the election authority may opt |
23 | | out of registration in the polling place if the election |
24 | | authority establishes grace period registration and voting at |
25 | | other sites on election day at the following sites: (i) the |
26 | | election authority's main office and (ii) a polling place in |
|
| | SB0172 Enrolled | - 57 - | LRB098 04408 HLH 34436 b |
|
|
1 | | each municipality where 20% or more of the county's residents |
2 | | reside if the election authority's main office is not located |
3 | | in that municipality. The election authority may establish |
4 | | other grace period registration and voting sites on election |
5 | | day provided that the election authority has met the notice |
6 | | requirements of Section 19A-25 for permanent and temporary |
7 | | early voting sites.
|
8 | | (Source: P.A. 97-766, eff. 7-6-12; 98-115, eff. 7-29-13; |
9 | | 98-691, eff. 7-1-14.) |
10 | | (10 ILCS 5/5-105)
|
11 | | Sec. 5-105. First time voting. A person must vote for the |
12 | | first time in person and not by a vote by mail mailed absentee |
13 | | ballot if the person registered to vote by mail, unless the |
14 | | person first provides the appropriate election authority with |
15 | | sufficient proof of identity and the election authority |
16 | | verifies the person's proof of identity. Sufficient proof of |
17 | | identity shall be demonstrated by submission of the person's |
18 | | driver's license number or State identification card number or, |
19 | | if the person does not have either of those, verification by |
20 | | the last 4 digits of the person's social security number, a |
21 | | copy of a current and valid photo identification, or a copy of |
22 | | a current utility bill, bank statement, paycheck, government |
23 | | check, or other federal, State, or local government document |
24 | | that shows the person's name and address. A person may also |
25 | | demonstrate sufficient proof of identity by submission of a |
|
| | SB0172 Enrolled | - 58 - | LRB098 04408 HLH 34436 b |
|
|
1 | | photo identification issued by a college or university |
2 | | accompanied by either a copy of the applicant's contract or |
3 | | lease for a residence or any postmarked mail delivered to the |
4 | | applicant at his or her current residence address. Persons who |
5 | | apply to register to vote by mail but provide inadequate proof |
6 | | of identity to the election authority shall be notified by the |
7 | | election authority that the registration has not been fully |
8 | | completed and that the person remains ineligible to vote by |
9 | | mail or in person until such proof is presented.
|
10 | | (Source: P.A. 95-699, eff. 11-9-07; 96-317, eff. 1-1-10.)
|
11 | | (10 ILCS 5/6-29) (from Ch. 46, par. 6-29)
|
12 | | Sec. 6-29.
For the purpose of registering voters under this |
13 | | Article,
the office of the Board of Election Commissioners |
14 | | shall be open during
ordinary business hours of each week day, |
15 | | from 9 a.m. to 12 o'clock noon
on the last four Saturdays |
16 | | immediately preceding the end of the period
of registration |
17 | | preceding each election, and such other days and such
other |
18 | | times as the board may direct. During the 27 days immediately
|
19 | | preceding any election there shall be no registration of voters |
20 | | at the
office of the Board of Election Commissioners in cities, |
21 | | villages and
incorporated towns of fewer than 200,000 |
22 | | inhabitants. In cities,
villages and incorporated towns of |
23 | | 200,000 or more inhabitants, there
shall be no registration of |
24 | | voters at the office of the Board of
Election Commissioners |
25 | | during the 35 days immediately preceding any
election; |
|
| | SB0172 Enrolled | - 59 - | LRB098 04408 HLH 34436 b |
|
|
1 | | provided, however, where no precinct registration is being
|
2 | | conducted prior to any election then registration may be taken |
3 | | in the
office of the Board up to and including the 28th day |
4 | | prior to such
election. The Board of Election Commissioners may |
5 | | set up and establish
as many branch offices for the purpose of |
6 | | taking registrations as it may
deem necessary, and the branch |
7 | | offices may be open on any or all dates
and hours during which |
8 | | registrations may be taken in the main office.
All officers and |
9 | | employees of the Board of Election Commissioners who
are |
10 | | authorized by such board to take registrations under this |
11 | | Article
shall be considered officers of the circuit court, and |
12 | | shall be subject
to the same control as is provided by Section |
13 | | 14-5 of this Act with
respect to judges of election.
|
14 | | In any election called for the submission of the revision |
15 | | or
alteration of, or the amendments to the Constitution, |
16 | | submitted by a
Constitutional Convention, the final day for |
17 | | registration at the office
of the election authority charged |
18 | | with the printing of the ballot of
this election shall be the |
19 | | 15th day prior to the date of election.
|
20 | | The Board of Election Commissioners shall appoint one or |
21 | | more
registration teams, consisting of 2 of its employees for |
22 | | each team, for
the purpose of accepting the registration of any |
23 | | voter who files an
affidavit, within the period for taking |
24 | | registrations provided for in
this Article, that he is |
25 | | physically unable to appear at the office of
the Board or at |
26 | | any appointed place of registration. On the day or days
when a |
|
| | SB0172 Enrolled | - 60 - | LRB098 04408 HLH 34436 b |
|
|
1 | | precinct registration is being conducted such teams shall |
2 | | consist
of one member from each of the 2 leading political |
3 | | parties who are
serving on the Precinct Registration Board. |
4 | | Each team so designated
shall visit each disabled person and |
5 | | shall accept the registration of
such person the same as if he |
6 | | had applied for registration in person.
|
7 | | Any otherwise qualified person who is absent from his |
8 | | county of
residence due to business of the United States, or |
9 | | who is temporarily residing
outside the territorial limits of |
10 | | the United
States, may make application to become registered by |
11 | | mail to the Board
of Election Commissioners within the periods |
12 | | for registration provided
for in this Article or by |
13 | | simultaneous application for absentee registration by mail
and |
14 | | vote by mail absentee ballot as provided in Article 20 of this |
15 | | Code.
|
16 | | Upon receipt of such application the Board of Election |
17 | | Commissioners
shall immediately mail an affidavit of |
18 | | registration in duplicate, which
affidavit shall contain the |
19 | | following and such other information as the
State Board of |
20 | | Elections may think it proper to require for the
identification |
21 | | of the applicant:
|
22 | | Name. The name of the applicant, giving surname and first |
23 | | or
Christian name in full, and the middle name or the initial |
24 | | for such
middle name, if any.
|
25 | | Sex.
|
26 | | Residence. The name and number of the street, avenue or |
|
| | SB0172 Enrolled | - 61 - | LRB098 04408 HLH 34436 b |
|
|
1 | | other
location of the dwelling, and such additional clear and |
2 | | definite
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 information as may be necessary,
including post office |
7 | | mailing address.
|
8 | | Electronic mail address, if the registrant has provided |
9 | | this information. |
10 | | Term of residence in the State of Illinois and the |
11 | | precinct.
|
12 | | Nativity. The state or country in which the applicant was |
13 | | born.
|
14 | | Citizenship. Whether the applicant is native born or |
15 | | naturalized.
If naturalized, the court, place and date of |
16 | | naturalization.
|
17 | | Age. Date of birth, by month, day and year.
|
18 | | Out of State address of ..................
|
19 | | AFFIDAVIT OF REGISTRATION
|
20 | | State of .........)
|
21 | | ) ss.
|
22 | | County of ........)
|
23 | | I hereby swear (or affirm) that I am a citizen of the |
24 | | United States;
that on the day of the next election I shall |
25 | | have resided in the State
of Illinois and in the election |
26 | | precinct 30 days; that I am fully
qualified to vote, that I am |
|
| | SB0172 Enrolled | - 62 - | LRB098 04408 HLH 34436 b |
|
|
1 | | not registered to vote anywhere else in the
United States, that |
2 | | I intend to remain a resident of the State of
Illinois, and of |
3 | | the election precinct, that I intend to return to the State
of |
4 | | Illinois, and that the
above statements are true.
|
5 | | ..............................
|
6 | | (His or her signature or mark)
|
7 | | Subscribed and sworn to before me, an officer qualified to |
8 | | administer
oaths, on (insert date).
|
9 | | ........................................
|
10 | | Signature of officer administering oath.
|
11 | | Upon receipt of the executed duplicate affidavit of |
12 | | Registration, the
Board of Election Commissioners shall |
13 | | transfer the information contained
thereon to duplicate |
14 | | Registration Cards provided for in Section 6-35 of
this Article |
15 | | and shall attach thereto a copy of each of the duplicate
|
16 | | affidavit of registration and thereafter such registration |
17 | | card and
affidavit shall constitute the registration of such |
18 | | person the same as
if he had applied for registration in |
19 | | person.
|
20 | | (Source: P.A. 98-115, eff. 10-1-13.)
|
21 | | (10 ILCS 5/6-50.3) (from Ch. 46, par. 6-50.3)
|
22 | | Sec. 6-50.3.
The board of election commissioners may |
23 | | establish
temporary places of registration for such times and |
24 | | at such locations as
the board may select. However, no |
25 | | temporary place of registration
may be in operation during the |
|
| | SB0172 Enrolled | - 63 - | LRB098 04408 HLH 34436 b |
|
|
1 | | 27 days preceding an election.
Notice of the time and place of |
2 | | registration at any such temporary place of
registration under |
3 | | this Section shall be published by the board of election
|
4 | | commissioners in a newspaper having a general circulation in |
5 | | the city, village
or incorporated town not less than 3 nor more |
6 | | than 15 days before the holding
of such registration.
|
7 | | Temporary places of registration shall be established so |
8 | | that the
areas of concentration of population or use by the |
9 | | public are served,
whether by facilities provided in places of |
10 | | private business or in
public buildings or in mobile units. |
11 | | Areas which may be designated as
temporary places of |
12 | | registration include, but are not limited to, facilities
|
13 | | licensed or certified pursuant to the Nursing Home Care Act, |
14 | | the Specialized Mental Health Rehabilitation Act of 2013, or |
15 | | the ID/DD Community Care Act,
Soldiers' and Sailors' Homes,
|
16 | | shopping centers, business districts, public buildings and |
17 | | county fairs.
|
18 | | Temporary places of registration shall be available to the |
19 | | public not
less than 2 hours per year for each 1,000 population |
20 | | or fraction thereof
in the county.
|
21 | | All temporary places of registration shall be manned by |
22 | | employees of the
board of election commissioners or deputy |
23 | | registrars appointed pursuant
to Section 6-50.2.
|
24 | | (Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-813, |
25 | | eff. 7-13-12; 98-104, eff. 7-22-13.)
|
|
| | SB0172 Enrolled | - 64 - | LRB098 04408 HLH 34436 b |
|
|
1 | | (10 ILCS 5/6-100) |
2 | | Sec. 6-100. Grace period. Notwithstanding any other |
3 | | provision of this
Code to the contrary, each election authority |
4 | | shall
establish procedures for the registration of voters and |
5 | | for change of address during the period from the close of
|
6 | | registration for an a primary or election and until and |
7 | | including the 3rd day of the before the
primary or election , |
8 | | except that during the 2014 general election the period shall |
9 | | extend until the polls close on election day . During this grace |
10 | | period, an unregistered qualified
elector may
register to vote, |
11 | | and a registered voter may submit a change of address form, in |
12 | | person in the office of the election
authority , at a permanent |
13 | | polling place established under Section 19A-10, at any other |
14 | | early voting site beginning 15 days prior to the election, at a |
15 | | polling place on election day, or at a voter registration |
16 | | location specifically designated for this
purpose by the |
17 | | election authority. During the 2014 general election, an |
18 | | unregistered qualified elector may register to vote, and a |
19 | | registered voter may submit a change of address form, in person |
20 | | at any permanent polling place for early voting established |
21 | | pursuant to Section 19A-10 through election day. The election |
22 | | authority shall
register that individual, or change a |
23 | | registered voter's address, in the same manner as otherwise |
24 | | provided by this Article for registration and change of |
25 | | address. |
26 | | If a voter who registers or changes address during this |
|
| | SB0172 Enrolled | - 65 - | LRB098 04408 HLH 34436 b |
|
|
1 | | grace period wishes to vote at the first election or primary |
2 | | occurring during after the grace period. The election authority |
3 | | shall offer in-person grace period voting at the authority's |
4 | | office , and any permanent polling place established under |
5 | | Section 19A-10, and at any other early voting site beginning 15 |
6 | | days prior to the election, at a polling place on election day, |
7 | | where grace period registration is required by this Section; |
8 | | and may offer in-person grace period voting at additional hours |
9 | | and locations specifically designated for the purpose of grace |
10 | | period voting by the election authority. The election authority |
11 | | may allow grace period voting by mail only if the election |
12 | | authority has no ballots prepared at the authority's office. |
13 | | Grace period voting shall be in a manner substantially similar |
14 | | to voting under Article 19A 19 . |
15 | | Within one day after a voter casts a grace period ballot, |
16 | | or within one day after the ballot is received by the election |
17 | | authority if the election authority allows grace period voting |
18 | | by mail, the election authority shall transmit by electronic |
19 | | means pursuant to a process established by the State Board of |
20 | | Elections the voter's name, street address, e-mail address, and |
21 | | precinct, ward, township, and district numbers, as the case may |
22 | | be, to the State Board of Elections, which shall maintain those |
23 | | names and that information in an electronic format on its |
24 | | website, arranged by county and accessible to State and local |
25 | | political committees. The name of each person issued a grace |
26 | | period ballot shall also be placed on the appropriate precinct |
|
| | SB0172 Enrolled | - 66 - | LRB098 04408 HLH 34436 b |
|
|
1 | | list of persons to whom vote by mail absentee and early ballots |
2 | | have been issued, for use as provided in Sections 17-9 and |
3 | | 18-5. |
4 | | A person who casts a grace period ballot shall not be |
5 | | permitted to revoke that ballot and vote another ballot with |
6 | | respect to that primary or election. Ballots cast by persons |
7 | | who register or change address during the grace period at a |
8 | | location other than their designated polling place on election |
9 | | day must be transmitted to and counted at the election |
10 | | authority's central ballot counting location and shall not be |
11 | | transmitted to and counted at precinct polling places. The |
12 | | grace period ballots determined to be valid shall be added to |
13 | | the vote totals for the precincts for which they were cast in |
14 | | the order in which the ballots were opened. |
15 | | In counties with a population of less than 100,000 that do |
16 | | not have electronic poll books, the election authority may opt |
17 | | out of registration in the polling place if the election |
18 | | authority establishes grace period registration and voting at |
19 | | other sites on election day at the following sites: (i) the |
20 | | election authority's main office and (ii) a polling place in |
21 | | each municipality where 20% or more of the county's residents |
22 | | reside if the election authority's main office is not located |
23 | | in that municipality. The election authority may establish |
24 | | other grace period registration and voting sites on election |
25 | | day provided that the election authority has met the notice |
26 | | requirements of Section 19A-25 for permanent and temporary |
|
| | SB0172 Enrolled | - 67 - | LRB098 04408 HLH 34436 b |
|
|
1 | | early voting sites.
|
2 | | (Source: P.A. 97-766, eff. 7-6-12; 98-115, eff. 7-29-13; |
3 | | 98-691, eff. 7-1-14.) |
4 | | (10 ILCS 5/6-105)
|
5 | | Sec. 6-105. First time voting. A person must vote for the |
6 | | first time in person and not by a vote by mail mailed absentee |
7 | | ballot if the person registered to vote by mail, unless the |
8 | | person first provides the appropriate election authority with |
9 | | sufficient proof of identity and the election authority |
10 | | verifies the person's proof of identity. Sufficient proof of |
11 | | identity shall be demonstrated by submission of the person's |
12 | | driver's license number or State identification card number or, |
13 | | if the person does not have either of those, verification by |
14 | | the last 4 digits of the person's social security number, a |
15 | | copy of a current and valid photo identification, or a copy of |
16 | | a current utility bill, bank statement, paycheck, government |
17 | | check, or other federal, State, or local government document |
18 | | that shows the person's name and address. A person may also |
19 | | demonstrate sufficient proof of identity by submission of a |
20 | | photo identification issued by a college or university |
21 | | accompanied by either a copy of the applicant's contract or |
22 | | lease for a residence or any postmarked mail delivered to the |
23 | | applicant at his or her current residence address. Persons who |
24 | | apply to register to vote by mail but provide inadequate proof |
25 | | of identity to the election authority shall be notified by the |
|
| | SB0172 Enrolled | - 68 - | LRB098 04408 HLH 34436 b |
|
|
1 | | election authority that the registration has not been fully |
2 | | completed and that the person remains ineligible to vote by |
3 | | mail or in person until such proof is presented.
|
4 | | (Source: P.A. 95-699, eff. 11-9-07; 96-317, eff. 1-1-10.) |
5 | | (10 ILCS 5/7-15) (from Ch. 46, par. 7-15)
|
6 | | Sec. 7-15. At least 60 days prior to each general and |
7 | | consolidated primary,
the election authority shall provide |
8 | | public notice, calculated to reach
elderly and handicapped |
9 | | voters, of the availability of registration and
voting aids |
10 | | under the Federal Voting Accessibility for the Elderly and
|
11 | | Handicapped Act, of the availability of assistance in marking |
12 | | the ballot,
procedures for voting by a vote by mail absentee |
13 | | ballot, and procedures for early
voting
by personal appearance.
|
14 | | At least 20 days before the general primary the county
clerk of |
15 | | each county, and not more than 30 nor less than 10 days before
|
16 | | the consolidated primary the election authority, shall prepare |
17 | | in the
manner provided in this Act, a notice of such primary |
18 | | which notice shall
state the time and place of holding the |
19 | | primary, the hours during which
the polls will be open, the |
20 | | offices for which candidates will be
nominated at such primary |
21 | | and the political parties entitled to
participate therein, |
22 | | notwithstanding that no candidate of any such
political party |
23 | | may be entitled to have his name printed on the primary
ballot. |
24 | | Such notice shall also include the list of addresses of
|
25 | | precinct polling places for the consolidated primary unless |
|
| | SB0172 Enrolled | - 69 - | LRB098 04408 HLH 34436 b |
|
|
1 | | such list is
separately published by the election authority not |
2 | | less than 10 days
before the consolidated primary.
|
3 | | In counties, municipalities, or towns having fewer than |
4 | | 500,000
inhabitants notice of the general primary shall be |
5 | | published once in two
or more newspapers published in the |
6 | | county, municipality or town, as the
case may be, or if there |
7 | | is no such newspaper, then in any two or more
newspapers |
8 | | published in the county and having a general circulation
|
9 | | throughout the community.
|
10 | | In counties, municipalities, or towns having 500,000 or |
11 | | more
inhabitants notice of the general primary shall be |
12 | | published at least 15
days prior to the primary by the same |
13 | | authorities and in the same manner
as notice of election for |
14 | | general elections are required to be published
in counties, |
15 | | municipalities or towns of 500,000 or more inhabitants
under |
16 | | this Act.
|
17 | | Notice of the consolidated primary shall be published once |
18 | | in one or
more newspapers published in each political |
19 | | subdivision having such
primary, and if there is no such |
20 | | newspaper, then published once in a
local, community newspaper |
21 | | having general circulation in the
subdivision, and also once in |
22 | | a newspaper published in the county
wherein the political |
23 | | subdivisions, or portions thereof, having such
primary are |
24 | | situated.
|
25 | | (Source: P.A. 94-645, eff. 8-22-05.)
|
|
| | SB0172 Enrolled | - 70 - | LRB098 04408 HLH 34436 b |
|
|
1 | | (10 ILCS 5/7-34) (from Ch. 46, par. 7-34)
|
2 | | Sec. 7-34. Pollwatchers in a primary election shall be |
3 | | authorized in
the following manner:
|
4 | | (1) Each established political party shall be entitled to |
5 | | appoint
one pollwatcher per precinct. Such pollwatchers must be |
6 | | affiliated with
the political party for which they are |
7 | | pollwatching and must be a registered
voter in Illinois.
|
8 | | (2) Each candidate shall be entitled to appoint two |
9 | | pollwatchers per
precinct. For Federal, State, county, |
10 | | township, and municipal primary elections, the
pollwatchers |
11 | | must be registered to vote in Illinois.
|
12 | | (3) Each organization of citizens within the county or |
13 | | political
subdivision, which has among its purposes or |
14 | | interests the investigation
or prosecution of election frauds, |
15 | | and which shall have registered its
name and address and the |
16 | | names and addresses of its principal officers
with the proper |
17 | | election authority at least 40 days before the primary
|
18 | | election, shall be entitled to appoint one pollwatcher per |
19 | | precinct.
For all primary elections, the pollwatcher must be |
20 | | registered to vote in
Illinois.
|
21 | | (3.5) Each State nonpartisan civic organization within the |
22 | | county or political subdivision shall be entitled to appoint |
23 | | one pollwatcher per precinct, provided that no more than 2 |
24 | | pollwatchers appointed by State nonpartisan civic |
25 | | organizations shall be present in a precinct polling place at |
26 | | the same time. Each organization shall have registered the |
|
| | SB0172 Enrolled | - 71 - | LRB098 04408 HLH 34436 b |
|
|
1 | | names and addresses of its principal officers with the proper |
2 | | election authority at least 40 days before the primary |
3 | | election. The pollwatchers must be registered to vote in |
4 | | Illinois. For the purpose of this paragraph, a "State |
5 | | nonpartisan civic organization" means any corporation, |
6 | | unincorporated association, or organization that: |
7 | | (i) as part of its written articles of incorporation, |
8 | | bylaws, or charter or by separate written declaration, has |
9 | | among its stated purposes the provision of voter |
10 | | information and education, the protection of individual |
11 | | voters' rights, and the promotion of free and equal |
12 | | elections; |
13 | | (ii) is organized or primarily conducts its activities |
14 | | within the State of Illinois; and |
15 | | (iii) continuously maintains an office or business |
16 | | location within the State of Illinois, together with a |
17 | | current listed telephone number (a post office box number |
18 | | without a current listed telephone number is not |
19 | | sufficient).
|
20 | | (4) Each organized group of proponents or opponents of a |
21 | | ballot
proposition, which shall have registered the name and |
22 | | address of its
organization or committee and the name and |
23 | | address of its chairman with
the proper election authority at |
24 | | least 40 days before the primary
election, shall be entitled to |
25 | | appoint one pollwatcher per precinct. The
pollwatcher must be |
26 | | registered to vote in Illinois.
|
|
| | SB0172 Enrolled | - 72 - | LRB098 04408 HLH 34436 b |
|
|
1 | | (5) In any primary election held to nominate candidates for |
2 | | the offices
of a municipality of less than 3,000,000 population |
3 | | that is situated in
2 or more counties, a pollwatcher who is a |
4 | | resident of a county in which
any part of the municipality is
|
5 | | situated shall be eligible to serve as a pollwatcher in any |
6 | | polling place
located within such municipality, provided that |
7 | | such pollwatcher otherwise
complies with the respective |
8 | | requirements of subsections (1) through (4)
of this Section and |
9 | | is a registered voter whose residence is within
Illinois.
|
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. Such |
15 | | credentials shall be authorized by the real or facsimile
|
16 | | signature of the State or local party official or the candidate |
17 | | or the
presiding officer of the civic organization or the |
18 | | chairman of the
proponent or opponent group, as the case may |
19 | | 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,
the |
25 | | undersigned hereby appoints ........... (name of pollwatcher)
|
|
| | SB0172 Enrolled | - 73 - | LRB098 04408 HLH 34436 b |
|
|
1 | | at .......... (address) in the county of ...........,
|
2 | | .......... (township or municipality) of ........... (name), |
3 | | State of Illinois
and who is duly registered to vote from this |
4 | | address,
to act as a pollwatcher in the ........... precinct of |
5 | | the
.......... ward (if applicable) of the ...........
|
6 | | (township or municipality) of ........... at the
........... |
7 | | election to be held on (insert date).
|
8 | | ........................ (Signature of Appointing Authority)
|
9 | | ........................ TITLE (party official, candidate,
|
10 | | civic organization president,
|
11 | | proponent or opponent group chairman)
|
12 | | Under penalties provided by law pursuant to Section 29-10 |
13 | | of the
Election Code, the undersigned pollwatcher certifies |
14 | | that he or she resides
at .............. (address) in the |
15 | | county of ........., ......... (township
or municipality) of |
16 | | .......... (name), State of Illinois, and is duly
registered to |
17 | | vote in Illinois.
|
18 | | ........................... ..........................
|
19 | | (Precinct and/or Ward in (Signature of Pollwatcher)
|
20 | | Which Pollwatcher Resides)
|
21 | | Pollwatchers must present their credentials to the Judges |
22 | | of Election
upon entering the polling place. Pollwatcher |
23 | | credentials properly
executed and signed shall be proof of the |
24 | | qualifications of the
pollwatcher authorized thereby. Such |
25 | | credentials are retained by the
Judges and returned to the |
|
| | SB0172 Enrolled | - 74 - | LRB098 04408 HLH 34436 b |
|
|
1 | | Election Authority at the end of the day of election
with the |
2 | | other election materials. Once a pollwatcher has surrendered a
|
3 | | valid credential, he may leave and reenter the polling place |
4 | | provided
that such continuing action does not disrupt the |
5 | | conduct of the election.
Pollwatchers may be substituted during |
6 | | the course of the day, but established
political parties, |
7 | | candidates, qualified civic organizations and proponents
and |
8 | | opponents of a ballot proposition can have only as many |
9 | | pollwatchers
at any given time as are authorized in this |
10 | | Article. A substitute must
present his signed credential to the |
11 | | judges of election upon entering the
polling place. Election |
12 | | authorities must provide a sufficient number of
credentials to |
13 | | allow for substitution of pollwatchers.
After the polls have |
14 | | closed, pollwatchers shall be allowed to
remain until the |
15 | | canvass of votes is completed; but may leave and
reenter only |
16 | | in cases of necessity, provided that such action is not so
|
17 | | continuous as to disrupt the canvass of votes.
|
18 | | Candidates seeking office in a district or municipality |
19 | | encompassing 2
or more counties shall be admitted to any and |
20 | | all polling places throughout
such district or municipality |
21 | | without regard to the counties in which such
candidates are |
22 | | registered to vote. Actions of such candidates shall be
|
23 | | governed in each polling place by the same privileges and |
24 | | limitations that
apply to pollwatchers as provided in this |
25 | | Section. Any such candidate who
engages in an activity in a |
26 | | polling place which could reasonably be
construed by a majority |
|
| | SB0172 Enrolled | - 75 - | LRB098 04408 HLH 34436 b |
|
|
1 | | of the judges of election as campaign activity
shall be removed |
2 | | forthwith from such polling place.
|
3 | | Candidates seeking office in a district or municipality |
4 | | encompassing 2 or
more counties who desire to be admitted to |
5 | | polling places on election day
in such district or municipality |
6 | | shall be required to have proper
credentials. Such credentials |
7 | | shall be printed in sufficient quantities,
shall be issued by |
8 | | and under the facsimile signature of the
election authority of |
9 | | the election jurisdiction where the polling place in
which the |
10 | | candidate seeks admittance is located, and shall be available |
11 | | for
distribution at least 2 weeks prior to the election. Such |
12 | | credentials shall
be signed by the candidate.
|
13 | | Candidate credentials shall be in substantially the |
14 | | following form:
|
15 | | CANDIDATE CREDENTIALS
|
16 | | TO THE JUDGES OF ELECTION:
|
17 | | In accordance with the provisions of the Election Code, I |
18 | | ...... (name of
candidate) hereby certify that I am a candidate |
19 | | for ....... (name of
office) and seek admittance to ....... |
20 | | precinct of the ....... ward (if
applicable) of the ....... |
21 | | (township or municipality) of ....... at the
....... election |
22 | | to be held on (insert date).
|
23 | | ......................... .......................
|
24 | | (Signature of Candidate) OFFICE FOR WHICH
|
25 | | CANDIDATE SEEKS
|
|
| | SB0172 Enrolled | - 76 - | LRB098 04408 HLH 34436 b |
|
|
1 | | NOMINATION OR
|
2 | | ELECTION
|
3 | | Pollwatchers shall be permitted to observe all proceedings |
4 | | and view all reasonably requested records relating
to the |
5 | | conduct of the election, provided the secrecy of the ballot is |
6 | | not impinged, and to station themselves in a position
in the |
7 | | voting room as will enable them to observe the judges making |
8 | | the
signature comparison between the voter application and the |
9 | | voter
registration record card; provided, however, that such |
10 | | pollwatchers
shall not be permitted to station themselves in |
11 | | such close proximity to
the judges of election so as to |
12 | | interfere with the orderly conduct of
the election and shall |
13 | | not, in any event, be permitted to handle
election materials. |
14 | | Pollwatchers may challenge for cause the voting
qualifications |
15 | | of a person offering to vote and may call to the
attention of |
16 | | the judges of election any incorrect procedure or apparent
|
17 | | violations of this Code.
|
18 | | If a majority of the judges of election determine that the |
19 | | polling
place has become too overcrowded with pollwatchers so |
20 | | as to interfere
with the orderly conduct of the election, the |
21 | | judges shall, by lot,
limit such pollwatchers to a reasonable |
22 | | number, except that each
candidate and each established or new |
23 | | political party shall be permitted
to have at least one |
24 | | pollwatcher present.
|
25 | | Representatives of an election authority, with regard to an |
|
| | SB0172 Enrolled | - 77 - | LRB098 04408 HLH 34436 b |
|
|
1 | | election
under its jurisdiction, the State Board of Elections, |
2 | | and law
enforcement agencies, including but not limited to a |
3 | | United States
Attorney, a State's attorney, the Attorney |
4 | | General, and a State, county,
or local police department, in |
5 | | the performance of their official
election duties, shall be |
6 | | permitted at all times to enter and remain in
the polling |
7 | | place. Upon entering the polling place, such
representatives |
8 | | shall display their official credentials or other
|
9 | | identification to the judges of election.
|
10 | | Uniformed police officers assigned to polling place duty |
11 | | shall follow
all lawful instructions of the judges of election.
|
12 | | The provisions of this Section shall also apply to |
13 | | supervised casting of vote by mail
absentee ballots as provided |
14 | | in Section 19-12.2 of this Act.
|
15 | | (Source: P.A. 94-645, eff. 8-22-05; 95-267, eff. 8-17-07.)
|
16 | | (10 ILCS 5/10-7) (from Ch. 46, par. 10-7)
|
17 | | Sec. 10-7.
Any person whose name has been presented as a |
18 | | candidate , including nonpartisan and independent candidates,
|
19 | | may cause his name to be withdrawn from any such nomination by |
20 | | his
request in writing, signed by him and duly acknowledged |
21 | | before an
officer qualified to take acknowledgment of deeds, |
22 | | and presented to the
principal office or permanent branch |
23 | | office of the Board, the election
authority, or the local |
24 | | election official, as the case may be, not later
than the date |
25 | | for certification of candidates for the ballot. No name so
|
|
| | SB0172 Enrolled | - 78 - | LRB098 04408 HLH 34436 b |
|
|
1 | | withdrawn shall be printed upon the ballots under the party |
2 | | appellation or
title from which the candidate has withdrawn his |
3 | | name. If such a request for withdrawal is received after the |
4 | | date for certification of the candidates for the ballot, then |
5 | | the votes cast for the withdrawn candidate are invalid and |
6 | | shall not be reported by the election authority. If the name of |
7 | | the
same person has been presented as a candidate for 2 or more |
8 | | offices which
are incompatible so that the same person could |
9 | | not serve in more than one
of such offices if elected, that |
10 | | person must withdraw as a candidate for
all but one of such |
11 | | offices within the 5 business days following the last
day for |
12 | | petition filing. If he fails to withdraw as a candidate for all
|
13 | | but one of such offices within such time, his name shall not be |
14 | | certified,
nor printed on the ballot, for any office. However, |
15 | | nothing in this section
shall be construed as precluding a |
16 | | judge who is seeking retention in office
from also being a |
17 | | candidate for another judicial office. Except as
otherwise |
18 | | herein provided, in case the certificate of nomination or
|
19 | | petition as provided for in this Article shall contain or |
20 | | exhibit the name
of any candidate for any office upon more than |
21 | | one of said certificates or
petitions (for the same office), |
22 | | then and in that case the Board or
election authority or local |
23 | | election official, as the case may be, shall
immediately notify |
24 | | said candidate of said fact and that his name appears
|
25 | | unlawfully upon more than one of said certificates or petitions |
26 | | and that
within 3 days from the receipt of said notification, |
|
| | SB0172 Enrolled | - 79 - | LRB098 04408 HLH 34436 b |
|
|
1 | | said candidate must
elect as to which of said political party |
2 | | appellations or groups he desires
his name to appear and remain |
3 | | under upon said ballot, and if said candidate
refuses, fails or |
4 | | neglects to make such election, then and in that case the
Board |
5 | | or election authority or local election official, as the case |
6 | | may be,
shall permit the name of said candidate to appear or be |
7 | | printed or placed
upon said ballot only under the political |
8 | | party appellation or group
appearing on the certificate of |
9 | | nomination or petition, as the case may be,
first filed, and |
10 | | shall strike or cause to be stricken the name of said
candidate |
11 | | from all certificates of nomination and petitions
filed after |
12 | | the first such certificate of nomination or petition.
|
13 | | Whenever the name of a candidate for an office is withdrawn |
14 | | from a new
political party petition, it shall constitute a |
15 | | vacancy in nomination for
that office which may be filled in |
16 | | accordance with Section 10-11 of this
Article; provided, that |
17 | | if the names of all candidates for all offices on
a new |
18 | | political party petition are withdrawn or such petition is |
19 | | declared
invalid by an electoral board or upon judicial review, |
20 | | no vacancies in
nomination for those offices shall exist and |
21 | | the filing of any notice or
resolution purporting to fill |
22 | | vacancies in nomination shall have no legal effect.
|
23 | | Whenever the name of an independent candidate for an office |
24 | | is withdrawn
or an independent candidate's petition is declared |
25 | | invalid by an electoral
board or upon judicial review, no |
26 | | vacancy in nomination for that office
shall exist and the |
|
| | SB0172 Enrolled | - 80 - | LRB098 04408 HLH 34436 b |
|
|
1 | | filing of any notice or resolution purporting to fill
a vacancy |
2 | | in nomination shall have no legal effect.
|
3 | | All certificates of nomination and nomination papers when |
4 | | presented or
filed shall be open, under proper regulation, to |
5 | | public inspection, and the
State Board of Elections and the |
6 | | several election authorities and local
election officials |
7 | | having charge of nomination papers shall preserve the
same in |
8 | | their respective offices not less than 6 months.
|
9 | | (Source: P.A. 98-115, eff. 7-29-13.)
|
10 | | (10 ILCS 5/10-9) (from Ch. 46, par. 10-9)
|
11 | | Sec. 10-9. The following electoral boards are designated |
12 | | for the
purpose of hearing and passing upon the objector's |
13 | | petition described in
Section 10-8.
|
14 | | 1. The State Board of Elections will hear and pass upon |
15 | | objections
to the nominations of candidates for State |
16 | | offices,
nominations of candidates for congressional or , |
17 | | legislative offices that are in more than one county or are |
18 | | wholly located within a single county with a population of |
19 | | less than 3,000,000 and judicial
offices of districts, |
20 | | subcircuits, or circuits situated in more than one county, |
21 | | nominations
of candidates for the offices of State's |
22 | | attorney or regional superintendent
of schools to be |
23 | | elected from more than one county, and petitions for
|
24 | | proposed amendments to the Constitution of the State of |
25 | | Illinois as
provided for in Section 3 of Article XIV of the |
|
| | SB0172 Enrolled | - 81 - | LRB098 04408 HLH 34436 b |
|
|
1 | | Constitution.
|
2 | | 2. The county officers electoral board of a county with |
3 | | a population of less than 3,000,000 to hear and pass upon
|
4 | | objections to the nominations of candidates for county |
5 | | offices ,
for congressional, legislative and judicial |
6 | | offices of a district, subcircuit, or
circuit coterminous |
7 | | with or less than a county, for any school district |
8 | | offices, for the office of multi-township assessor where |
9 | | candidates for
such office are nominated in accordance with |
10 | | this Code, and for all special
district offices, shall be |
11 | | composed of the county clerk, or an assistant
designated by |
12 | | the county clerk, the State's attorney of the county or
an |
13 | | Assistant State's Attorney designated by the State's |
14 | | Attorney, and the
clerk of the circuit court, or an |
15 | | assistant designated by the clerk of
the circuit court, of |
16 | | the county, of whom the county clerk or his designee
shall |
17 | | be the chairman, except that in any county which has |
18 | | established a
county board of election commissioners that |
19 | | board
shall constitute the county officers electoral board |
20 | | ex-officio. If a school district is located in 2 or more |
21 | | counties, the county officers electoral board of the county |
22 | | in which the principal office of the school district is |
23 | | located shall hear and pass upon objections to nominations |
24 | | of candidates for school district office in that school |
25 | | district.
|
26 | | 2.5. The county officers electoral board of a county |
|
| | SB0172 Enrolled | - 82 - | LRB098 04408 HLH 34436 b |
|
|
1 | | with a population of 3,000,000 or more to hear and
pass |
2 | | upon objections to the nominations of candidates for county |
3 | | offices, candidates for congressional and legislative |
4 | | offices if the district is wholly within a county with a |
5 | | population of 3,000,000 or more, unless the district is |
6 | | wholly or partially within the jurisdiction of a municipal |
7 | | board of election commissioners, and judicial offices of a |
8 | | district, subcircuit, or circuit coterminous with or less |
9 | | than a county, for any school district offices, for the |
10 | | office of multi-township assessor where candidates for |
11 | | such office are nominated in accordance with this Code, and |
12 | | for all special district offices, shall be composed of the |
13 | | county clerk, or an assistant designated by the county |
14 | | clerk, the State's Attorney of the county or an Assistant |
15 | | State's Attorney designated by the State's Attorney, and |
16 | | the clerk of the circuit court, or an assistant designated |
17 | | by the clerk of the circuit court, of the county, of whom |
18 | | the county clerk or his designee shall be the chairman, |
19 | | except that, in any county which has established a county |
20 | | board of election commissioners, that board shall |
21 | | constitute the county officers electoral board ex-officio. |
22 | | If a school district is located in 2 or more counties, the |
23 | | county officers electoral board of the county in which the |
24 | | principal office of the school district is located shall |
25 | | hear and pass upon objections to nominations of candidates |
26 | | for school district office in that school district. |
|
| | SB0172 Enrolled | - 83 - | LRB098 04408 HLH 34436 b |
|
|
1 | | 3. The municipal officers electoral board to hear and |
2 | | pass upon
objections to the nominations of candidates for |
3 | | officers of
municipalities shall be composed of the mayor |
4 | | or president of the board
of trustees of the city, village |
5 | | or incorporated town, and the city,
village or incorporated |
6 | | town clerk, and one member of the city council
or board of |
7 | | trustees, that member being designated who is eligible to
|
8 | | serve on the electoral board and has served the
greatest |
9 | | number of years as a member of the city council or board of
|
10 | | trustees, of whom the mayor or president of the board of |
11 | | trustees shall
be the chairman.
|
12 | | 4. The township officers electoral board to pass upon |
13 | | objections to
the nominations of township officers shall be |
14 | | composed of the township
supervisor, the town clerk, and |
15 | | that eligible town trustee elected in the
township who has |
16 | | had the longest term of continuous service as town
trustee, |
17 | | of whom the township supervisor shall be the chairman.
|
18 | | 5. The education officers electoral board to hear and |
19 | | pass upon
objections to the nominations of candidates for |
20 | | offices in
community college districts shall be composed of |
21 | | the presiding officer of
the community college district |
22 | | board, who shall be the chairman,
the secretary of the |
23 | | community college district board and the
eligible elected |
24 | | community college board member who has the
longest term of |
25 | | continuous service as a board member.
|
26 | | 6. In all cases, however, where the Congressional, |
|
| | SB0172 Enrolled | - 84 - | LRB098 04408 HLH 34436 b |
|
|
1 | | Legislative, or Representative
district is wholly or |
2 | | partially within the jurisdiction of a single municipal |
3 | | board of election
commissioners in Cook County and in all |
4 | | cases where the school district or special
district is |
5 | | wholly within the jurisdiction of a municipal board of
|
6 | | election commissioners and in all cases where the |
7 | | municipality or
township is wholly or partially within the |
8 | | jurisdiction of a municipal
board of election |
9 | | commissioners, the board of election commissioners
shall |
10 | | ex-officio constitute the electoral board.
|
11 | | For special districts situated in more than one county, the |
12 | | county officers
electoral board of the county in which the |
13 | | principal office of the district
is located has jurisdiction to |
14 | | hear and pass upon objections. For purposes
of this Section, |
15 | | "special districts" means all political subdivisions other
|
16 | | than counties, municipalities, townships and school and |
17 | | community college
districts.
|
18 | | In the event that any member of the appropriate board is a |
19 | | candidate
for the office with relation to which the objector's |
20 | | petition is filed,
he shall not be eligible to serve on that |
21 | | board and shall not act as
a member of the board and his place |
22 | | shall be filled as follows:
|
23 | | a. In the county officers electoral board by the county
|
24 | | treasurer, and if he or she is ineligible to serve, by the |
25 | | sheriff of the
county.
|
26 | | b. In the municipal officers electoral board by the |
|
| | SB0172 Enrolled | - 85 - | LRB098 04408 HLH 34436 b |
|
|
1 | | eligible
elected city council or board of trustees member |
2 | | who has served the second
greatest number of years as a |
3 | | city council or board of trustees member.
|
4 | | c. In the township officers electoral board by the |
5 | | eligible
elected town trustee who has had the second |
6 | | longest term of continuous service
as a town trustee.
|
7 | | d. In the education officers electoral board by the |
8 | | eligible
elected community college district board member |
9 | | who has had the
second longest term of continuous service |
10 | | as a board member.
|
11 | | In the event that the chairman of the electoral board is |
12 | | ineligible
to act because of the fact that he or she is a |
13 | | candidate for the office with
relation to which the objector's |
14 | | petition is filed, then the substitute
chosen under the |
15 | | provisions of this Section shall be the chairman; In
this case, |
16 | | the officer or board with whom the objector's petition is
|
17 | | filed, shall transmit the certificate of nomination or |
18 | | nomination papers
as the case may be, and the objector's |
19 | | petition to the substitute
chairman of the electoral board.
|
20 | | When 2 or more eligible individuals, by reason of their |
21 | | terms of service
on a city council or board of trustees, |
22 | | township board of
trustees, or community college district |
23 | | board, qualify to serve
on an electoral board, the one to serve |
24 | | shall be chosen by lot.
|
25 | | Any vacancies on an electoral board not otherwise filled |
26 | | pursuant to this
Section shall be filled by public members |
|
| | SB0172 Enrolled | - 86 - | LRB098 04408 HLH 34436 b |
|
|
1 | | appointed by the Chief Judge of
the Circuit Court for the |
2 | | county wherein the electoral board hearing is
being held upon |
3 | | notification to the Chief Judge of such
vacancies. The Chief |
4 | | Judge shall be so notified by a member of the electoral
board |
5 | | or the officer or board with whom the objector's petition was |
6 | | filed.
In the event that none of the individuals designated by |
7 | | this Section to
serve on the electoral board are eligible, the |
8 | | chairman of an electoral
board shall be designated by the Chief |
9 | | Judge.
|
10 | | (Source: P.A. 98-115, eff. 7-29-13.)
|
11 | | (10 ILCS 5/11-4.1) (from Ch. 46, par. 11-4.1)
|
12 | | Sec. 11-4.1. (a) In appointing polling places under this |
13 | | Article, the
county board or board of election commissioners |
14 | | shall, insofar as they are
convenient and available, use |
15 | | schools and other public buildings as polling
places.
|
16 | | (b) Upon request of the county board or board of election |
17 | | commissioners,
the proper agency of government (including |
18 | | school districts and units of
local government) shall make a |
19 | | public building under its control available
for use as a |
20 | | polling place on an election day and for a reasonably
necessary |
21 | | time before and after election day, without charge.
If the |
22 | | county board or board of election commissioners chooses a |
23 | | school
to be a polling place, then the school district must |
24 | | make the school
available for use as a polling place.
However, |
25 | | for the day of the election, a school district is encouraged to |
|
| | SB0172 Enrolled | - 87 - | LRB098 04408 HLH 34436 b |
|
|
1 | | (i) close the school or (ii) hold a teachers institute on that |
2 | | day with students not in attendance.
|
3 | | (c) A government agency which makes a public building under |
4 | | its
control available for use as a polling place shall (i) |
5 | | ensure the portion of
the building to be used as the polling |
6 | | place is accessible to handicapped
and elderly voters and (ii) |
7 | | allow the election authority to administer the election as |
8 | | authorized under this Code.
|
9 | | (d) If a qualified elector's precinct polling place is a |
10 | | school and the elector will be unable to enter that polling |
11 | | place without violating Section 11-9.3 of the Criminal Code of |
12 | | 2012 because the elector is a child sex offender as defined in |
13 | | Section 11-9.3 of the Criminal Code of 2012, that elector may |
14 | | vote by a vote by mail absentee ballot in accordance with |
15 | | Article 19 of this Code or may vote early in accordance with |
16 | | Article 19A of this Code. |
17 | | (Source: P.A. 97-1150, eff. 1-25-13; 98-773, eff. 7-18-14.)
|
18 | | (10 ILCS 5/11-7) (from Ch. 46, par. 11-7)
|
19 | | Sec. 11-7.
For the purpose of the conduct of any |
20 | | consolidated election,
consolidated primary election, special
|
21 | | municipal primary election or emergency referendum, an |
22 | | election
authority may cluster up to four contiguous precincts |
23 | | as provided in
this Section, which shall constitute a clustered |
24 | | voting zone. The
common polling place for the clustered voting |
25 | | zone shall be located
within the territory comprising the |
|
| | SB0172 Enrolled | - 88 - | LRB098 04408 HLH 34436 b |
|
|
1 | | clustered precincts. Unless the election
authority specifies a |
2 | | larger number, only one election judge shall be appointed
for |
3 | | each of the precincts in each clustered voting zone.
|
4 | | The judges so appointed may not all be affiliated with the |
5 | | same
political party.
|
6 | | The conduct of an election in a clustered voting zone shall |
7 | | be under
the general supervision of all the judges of election |
8 | | designated to
serve in the clustered voting zone. The |
9 | | designated judges may perform
the duties of election judges for |
10 | | the entire clustered voting zone.
However, the requirements of |
11 | | Section 17-14 shall apply to voter
assistance, the requirements |
12 | | of Section 24-10 shall apply to voter
instruction, the |
13 | | requirement of Section 24A-10 shall apply to
examination of |
14 | | vote by mail absentee ballots, and any disputes as to |
15 | | entitlement to
vote, challenges, counting of ballots or other |
16 | | matters pertaining
directly to voting shall be decided by those |
17 | | designated judges appointed
for the precinct in which the |
18 | | affected voter resides or the disputed
vote is to be counted.
|
19 | | This Section does not apply to any elections in |
20 | | municipalities with more
than 1,000,000 inhabitants.
|
21 | | (Source: P.A. 90-358, eff. 1-1-98.)
|
22 | | (10 ILCS 5/12-1) (from Ch. 46, par. 12-1)
|
23 | | Sec. 12-1. At least 60 days prior to each general and |
24 | | consolidated election,
the election authority shall provide |
25 | | public notice, calculated to reach
elderly and handicapped |
|
| | SB0172 Enrolled | - 89 - | LRB098 04408 HLH 34436 b |
|
|
1 | | voters, of the availability of registration and
voting aids |
2 | | under the Federal Voting Accessibility for the Elderly and
|
3 | | Handicapped Act, of the availability of assistance in marking |
4 | | the ballot,
procedures for voting by vote by mail absentee |
5 | | ballot, and procedures for voting
early by personal appearance.
|
6 | | At least 30 days before any general election, and at least |
7 | | 20 days
before any special congressional election, the
county |
8 | | clerk shall publish a notice of the election in 2 or more
|
9 | | newspapers published in the county, city, village,
|
10 | | incorporated town or town, as the case may be, or if there is |
11 | | no such
newspaper, then in any 2 or more newspapers published |
12 | | in the
county and having a general circulation throughout the |
13 | | community. The
notice may be substantially as follows:
|
14 | | Notice is hereby given that on (give date), at (give the |
15 | | place of
holding the election and the name of the precinct or |
16 | | district) in the
county of (name county), an election will be |
17 | | held for (give the title of
the several offices to be filled), |
18 | | which election will be open at 6:00
a.m. and continued open |
19 | | until 7:00 p.m. of that day.
|
20 | | Dated at .... on (insert date).
|
21 | | (Source: P.A. 94-645, eff. 8-22-05.)
|
22 | | (10 ILCS 5/13-1) (from Ch. 46, par. 13-1)
|
23 | | Sec. 13-1. In counties not under township organization, the |
24 | | county
board of commissioners shall at its meeting in July
in |
25 | | each
even-numbered year appoint in each election precinct 5 |
|
| | SB0172 Enrolled | - 90 - | LRB098 04408 HLH 34436 b |
|
|
1 | | capable and
discreet persons meeting the qualifications of |
2 | | Section 13-4 to
be judges of election. Where neither voting |
3 | | machines nor electronic,
mechanical or electric voting systems |
4 | | are used, the county board may,
for any precinct with respect |
5 | | to which the board considers such action
necessary or desirable |
6 | | in view of the number of voters, and shall for
general |
7 | | elections for any precinct containing more than 600 registered
|
8 | | voters, appoint in addition to the 5 judges of election a team |
9 | | of 5
tally judges. In such precincts the judges of election |
10 | | shall preside
over the election during the hours the polls are |
11 | | open, and the tally
judges, with the assistance of the holdover |
12 | | judges designated pursuant
to Section 13-6.2, shall count the |
13 | | vote after the closing of the polls.
However, the County Board |
14 | | of Commissioners may appoint 3 judges of election
to serve in |
15 | | lieu of the 5 judges of election otherwise required by this
|
16 | | Section to serve in any emergency referendum, or in any |
17 | | odd-year regular
election or in any special primary or special |
18 | | election called
for the purpose of filling a vacancy in the |
19 | | office of representative in
the United States Congress or to |
20 | | nominate candidates for such purpose.
The tally judges shall |
21 | | possess the same qualifications and shall be
appointed in the |
22 | | same manner and with the same division between
political |
23 | | parties as is provided for judges of election.
|
24 | | In addition to such precinct judges, the county board of
|
25 | | commissioners shall appoint special panels of 3 judges each, |
26 | | who shall
possess the same qualifications and shall be |
|
| | SB0172 Enrolled | - 91 - | LRB098 04408 HLH 34436 b |
|
|
1 | | appointed in the same
manner and with the same division between |
2 | | political parties as is
provided for other judges of election. |
3 | | The number of such panels of
judges required shall be |
4 | | determined by regulations of the State Board of
Elections which |
5 | | shall base the required numbers of special panels on the
number |
6 | | of registered voters in the jurisdiction or the number of vote |
7 | | by mail
absentee ballots voted at recent elections, or any |
8 | | combination of such factors.
|
9 | | Such appointment shall be confirmed by the court as |
10 | | provided in
Section 13-3 of this Article. No more than 3 |
11 | | persons of the same
political party shall be appointed judges |
12 | | of the same election precinct
or election judge panel. The |
13 | | appointment shall be made in the following
manner: The county |
14 | | board of commissioners shall select and approve 3
persons as |
15 | | judges of election in each election precinct from a certified
|
16 | | list, furnished by the chairman of the County Central Committee |
17 | | of the
first leading political party in such precinct; and the |
18 | | county board of
commissioners shall also select and approve 2 |
19 | | persons as judges of
election in each election precinct from a |
20 | | certified list, furnished by
the chairman of the County Central |
21 | | Committee of the second leading
political party. However, if |
22 | | only 3 judges of election serve in each
election precinct, no |
23 | | more than 2 persons of the same political party shall
be judges |
24 | | of election in the same election precinct; and which political
|
25 | | party is entitled to 2 judges of election and which political |
26 | | party is
entitled to one judge of election shall be determined |
|
| | SB0172 Enrolled | - 92 - | LRB098 04408 HLH 34436 b |
|
|
1 | | in the same manner as
set forth in the next two preceding |
2 | | sentences with regard to 5 election
judges in each precinct. |
3 | | Such certified list shall be filed with the county
clerk not |
4 | | less than 10 days before the annual meeting of the county
board |
5 | | of commissioners. Such list shall be arranged according to
|
6 | | precincts. The chairman of each county central committee shall, |
7 | | insofar
as possible, list persons who reside within the |
8 | | precinct in which they
are to serve as judges. However, he may, |
9 | | in his sole discretion, submit
the names of persons who reside |
10 | | outside the precinct but within the
county embracing the |
11 | | precinct in which they are to serve. He must,
however, submit |
12 | | the names of at least 2 residents of the precinct for
each |
13 | | precinct in which his party is to have 3 judges and must submit |
14 | | the
name of at least one resident of the precinct for each |
15 | | precinct in which
his party is to have 2 judges. The county |
16 | | board of commissioners shall
acknowledge in writing to each |
17 | | county chairman the names of all persons
submitted on such |
18 | | certified list and the total number of persons listed
thereon. |
19 | | If no such list is filed or such list is incomplete (that is,
|
20 | | no names or an insufficient number of names are furnished for |
21 | | certain
election precincts), the county board of commissioners |
22 | | shall make or
complete such list from the names contained in |
23 | | the supplemental list
provided for in Section 13-1.1. The |
24 | | election judges shall hold their
office for 2 years from their |
25 | | appointment, and until their successors
are duly appointed in |
26 | | the manner provided in this Act. The county board
of |
|
| | SB0172 Enrolled | - 93 - | LRB098 04408 HLH 34436 b |
|
|
1 | | commissioners shall fill all vacancies in the office of judge |
2 | | of
election at any time in the manner provided in this Act.
|
3 | | (Source: P.A. 94-1000, eff. 7-3-06.)
|
4 | | (10 ILCS 5/13-1.1) (from Ch. 46, par. 13-1.1)
|
5 | | Sec. 13-1.1.
In addition to the list provided for in |
6 | | Section 13-1 or 13-2, the
chairman of the county central |
7 | | committee , or each township committeeperson in a county with a |
8 | | population of more than 3,000,000, of each of the two leading
|
9 | | political parties shall submit to the county board a |
10 | | supplemental list,
arranged according to precincts in which |
11 | | they are to serve, of persons
available as judges of election, |
12 | | the names and number of all persons listed
thereon to be |
13 | | acknowledged in writing to the county chairman or township |
14 | | committeeperson, as the case may be, submitting
such list by |
15 | | the county board. Vacancies among the judges of election shall
|
16 | | be filled by selection from this supplemental list of persons |
17 | | qualified
under Section 13-4. If the list provided for in |
18 | | Section 13-1 or 13-2 for
any precinct is exhausted, then |
19 | | selection shall be made from the
supplemental list submitted by |
20 | | the chairman of the county central committee , or each township |
21 | | committeeperson in a county with a population of more than |
22 | | 3,000,000,
of the party. If such supplemental list is exhausted |
23 | | for any precinct, then
selection shall be made from any of the |
24 | | persons on the supplemental list
without regard to the |
25 | | precincts in which they are listed to serve. No
selection or |
|
| | SB0172 Enrolled | - 94 - | LRB098 04408 HLH 34436 b |
|
|
1 | | appointment from the supplemental list shall be made more than
|
2 | | 21 days prior to the date of precinct registration for those |
3 | | judges needed
as precinct registrars, and more than 60 45 days |
4 | | prior to the date of
an
election for those additional persons |
5 | | needed as election judges. In any
case where selection cannot |
6 | | be made from the supplemental list without
violating Section |
7 | | 13-4, selection shall be made from outside the
supplemental |
8 | | list of some person qualified under Section 13-4.
|
9 | | (Source: P.A. 93-574, eff. 8-21-03.)
|
10 | | (10 ILCS 5/13-2) (from Ch. 46, par. 13-2)
|
11 | | Sec. 13-2. In counties under the township organization the |
12 | | county
board shall at its meeting in July in each even-numbered |
13 | | year
except in counties containing a population of 3,000,000 |
14 | | inhabitants or
over and except when such judges are appointed |
15 | | by election
commissioners, select in each election precinct in |
16 | | the county, 5 capable
and discreet persons to be judges of |
17 | | election who shall
possess the
qualifications required by this |
18 | | Act for such judges. Where neither
voting machines nor |
19 | | electronic, mechanical or electric voting systems
are used, the |
20 | | county board may, for any precinct with respect to which
the |
21 | | board considers such action necessary or desirable in view of |
22 | | the
number of voters, and shall for general elections for any |
23 | | precinct
containing more than 600 registered voters, appoint in |
24 | | addition to the 5
judges of election a team of 5 tally judges. |
25 | | In such precincts the
judges of election shall preside over the |
|
| | SB0172 Enrolled | - 95 - | LRB098 04408 HLH 34436 b |
|
|
1 | | election during the hours the
polls are open, and the tally |
2 | | judges, with the assistance of the
holdover judges designated |
3 | | pursuant to Section 13-6.2, shall count the
vote after the |
4 | | closing of the polls. The tally judges shall possess the
same |
5 | | qualifications and shall be appointed in the same manner and |
6 | | with
the same division between political parties as is provided |
7 | | for judges of
election.
|
8 | | However, the county board may appoint 3 judges of election |
9 | | to serve in
lieu of the 5 judges of election otherwise required |
10 | | by this Section to serve
in any emergency referendum, or in any |
11 | | odd-year regular election
or in any special primary or special |
12 | | election called for the purpose of
filling a vacancy in the |
13 | | office of representative in the United States Congress
or to |
14 | | nominate candidates for such purpose.
|
15 | | In addition to such precinct judges, the county board shall |
16 | | appoint
special panels of 3 judges each, who shall possess the |
17 | | same
qualifications and shall be appointed in the same manner |
18 | | and with the
same division between political parties as is |
19 | | provided for other judges
of election. The number of such |
20 | | panels of judges required shall be
determined by regulations of |
21 | | the State Board of Elections, which shall
base the required |
22 | | number of special panels on the number of registered
voters in |
23 | | the jurisdiction or the number of absentee ballots voted at
|
24 | | recent elections or any combination of such factors.
|
25 | | No more than 3 persons of the same political party shall be |
26 | | appointed
judges in the same election district or undivided |
|
| | SB0172 Enrolled | - 96 - | LRB098 04408 HLH 34436 b |
|
|
1 | | precinct. The election
of the judges of election in the various |
2 | | election precincts shall be
made in the following manner: The |
3 | | county board shall
select and approve 3 of the election judges |
4 | | in each precinct from a
certified list furnished by the |
5 | | chairman of the County Central Committee
of the first leading |
6 | | political party in such election precinct and shall also
select |
7 | | and approve 2 judges of election in each election precinct from |
8 | | a
certified list furnished by the chairman of the County |
9 | | Central Committee
of the second leading political party in such |
10 | | election precinct. However,
if only 3 judges of election serve |
11 | | in each election precinct, no more than 2
persons of the same |
12 | | political party shall be judges of election in the same
|
13 | | election precinct; and which political party is entitled to 2 |
14 | | judges of
election and which political party is entitled to one |
15 | | judge of election shall
be determined in the same manner as set |
16 | | forth in the next two preceding
sentences with regard to 5 |
17 | | election judges in each precinct. The respective
County Central |
18 | | Committee chairman shall notify the county board by June 1 of
|
19 | | each odd-numbered year immediately preceding the annual |
20 | | meeting of the county
board whether or not such certified list |
21 | | will be filed by such chairman. Such
list shall be arranged |
22 | | according to precincts. The chairman of each county
central |
23 | | committee shall, insofar as possible, list persons who reside |
24 | | within
the precinct in which they are to serve as judges. |
25 | | However, he may, in his sole
discretion, submit the names of |
26 | | persons who reside outside the precinct but
within the county |
|
| | SB0172 Enrolled | - 97 - | LRB098 04408 HLH 34436 b |
|
|
1 | | embracing the precinct in which they are to serve. He must,
|
2 | | however, submit the names of at least 2 residents of the |
3 | | precinct for each
precinct in which his party is to have 3 |
4 | | judges and must submit the name of at
least one resident of the |
5 | | precinct for each precinct in which his party is to
have 2 |
6 | | judges. Such certified list, if filed, shall be filed with the |
7 | | county
clerk not less than 20 days before the annual meeting of |
8 | | the county board. The
county board shall acknowledge in writing |
9 | | to each county chairman the names of
all persons submitted on |
10 | | such certified list and the total number of persons
listed |
11 | | thereon. If no such list is filed or the list is incomplete |
12 | | (that is, no
names or an insufficient number of names are |
13 | | furnished for certain election
precincts), the county board |
14 | | shall make or complete such list from the names
contained in |
15 | | the supplemental list provided for in Section 13-1.1. Provided,
|
16 | | further, that in any case where a township has been or shall be |
17 | | redistricted,
in whole or in part, subsequent to one general |
18 | | election for Governor, and prior
to the next, the judges of |
19 | | election to be selected for all new or altered
precincts shall |
20 | | be selected in that one of the methods above detailed, which
|
21 | | shall be applicable according to the facts and circumstances of |
22 | | the particular
case, but the majority of such judges for each |
23 | | such precinct shall be selected
from the first leading |
24 | | political party, and the minority judges from the second
|
25 | | leading political party. Provided, further, that in counties |
26 | | having a
population of 3,000,000 1,000,000 inhabitants or over |
|
| | SB0172 Enrolled | - 98 - | LRB098 04408 HLH 34436 b |
|
|
1 | | the selection of judges of election
shall be made in the same |
2 | | manner in all respects as in other counties, except
that the |
3 | | provisions relating to tally judges are inapplicable to such |
4 | | counties
and except that the county board shall meet during the |
5 | | month of January for the
purpose of making such selection , each |
6 | | township committeeperson shall assume the responsibilities |
7 | | given to the chairman of the county central committee in this |
8 | | Section for the precincts within his or her township, and the |
9 | | township committeeperson chairman of each county central
|
10 | | committee shall notify the county board by the preceding |
11 | | October 1 whether or
not the certified list will be filed. Such |
12 | | judges of election shall hold their
office for 2 years from |
13 | | their appointment and until their successors are duly
appointed |
14 | | in the manner provided in this Act. The county board shall fill |
15 | | all
vacancies in the office of judges of elections at any time |
16 | | in the manner herein
provided.
|
17 | | Such selections under this Section shall be confirmed by |
18 | | the circuit
court as provided in Section 13-3 of this Article.
|
19 | | (Source: P.A. 94-1000, eff. 7-3-06.)
|
20 | | (10 ILCS 5/13-10) (from Ch. 46, par. 13-10)
|
21 | | Sec. 13-10. The compensation of the judges of all primaries |
22 | | and all
elections, except judges supervising vote by mail |
23 | | absentee ballots as provided in
Section 19-12.2 of this Act, in |
24 | | counties of less than 600,000
inhabitants shall be fixed by the |
25 | | respective county boards or boards of
election commissioners in |
|
| | SB0172 Enrolled | - 99 - | LRB098 04408 HLH 34436 b |
|
|
1 | | all counties and municipalities, but in no case
shall such |
2 | | compensation be less than $35 per day. The
compensation of |
3 | | judges of all primaries and all elections not under the
|
4 | | jurisdiction of the county clerk, except judges supervising |
5 | | vote by mail absentee balloting
as provided in Section 19-12.2 |
6 | | of this Act, in counties having a population of
2,000,000 or |
7 | | more shall be not less than $60 per day. The
compensation of |
8 | | judges of all primaries and all elections under the
|
9 | | jurisdiction of the county clerk, except judges supervising |
10 | | vote by mail absentee
balloting as provided in Section 19-12.2 |
11 | | of this Act, in counties having a
population of 2,000,000 or |
12 | | more shall be not less than $60 per day. The compensation of |
13 | | judges of all primaries and all elections,
except judges |
14 | | supervising vote by mail absentee ballots as provided in |
15 | | Section 19-12.2 of
this Act, in counties having a population of |
16 | | at least 600,000 but less than
2,000,000 inhabitants shall be |
17 | | not less than $45 per day
as
fixed by the county board of |
18 | | election commissioners of each such county. In
addition to |
19 | | their per day compensation and notwithstanding the limitations
|
20 | | thereon stated herein, the judges of election, in all counties |
21 | | with a
population of less than 600,000, shall be paid $3 each |
22 | | for each 100 voters or
portion thereof, in excess of 200 voters |
23 | | voting for candidates in the election
district or precinct |
24 | | wherein the judge is serving, whether a primary or an
election |
25 | | is being held. However, no such extra compensation shall be |
26 | | paid to
the judges of election in any precinct in which no |
|
| | SB0172 Enrolled | - 100 - | LRB098 04408 HLH 34436 b |
|
|
1 | | paper ballots are counted by
such judges of election. The 2 |
2 | | judges of election in counties having a
population of less than |
3 | | 600,000 who deliver the returns to the county clerk
shall each |
4 | | be allowed and paid a sum to be determined by the election |
5 | | authority
for such services and an additional sum per mile to |
6 | | be determined by the
election authority for every mile |
7 | | necessarily travelled in going to and
returning from the office |
8 | | or place to which they deliver the returns. The
compensation |
9 | | for mileage shall be consistent with current rates paid for
|
10 | | mileage to employees of the county.
|
11 | | However, all judges who have been certified by the County |
12 | | Clerk or Board of
Election Commissioners as having |
13 | | satisfactorily completed, within the 2 years
preceding the day |
14 | | of election, the training course for judges of election, as
|
15 | | provided in Sections 13-2.1, 13-2.2 and 14-4.1 of this Act, |
16 | | shall receive
additional compensation of not less than $10 per |
17 | | day in
counties of less than 600,000 inhabitants, the |
18 | | additional compensation of not
less than $10 per day in |
19 | | counties having a population of
at
least 600,000 but less than |
20 | | 2,000,000 inhabitants as fixed by the county board
of election |
21 | | commissioners of each such county, and additional compensation |
22 | | of
not less than $20 per day in counties having a population
of |
23 | | 2,000,000 or more for primaries and elections not under the
|
24 | | jurisdiction of the county clerk, and additional compensation |
25 | | of not less
than $20 per day in counties having a population of
|
26 | | 2,000,000 or more for primaries and elections under the |
|
| | SB0172 Enrolled | - 101 - | LRB098 04408 HLH 34436 b |
|
|
1 | | jurisdiction of the
county clerk.
|
2 | | In precincts in which there are tally judges, the |
3 | | compensation of the
tally judges shall be 2/3 of that of the |
4 | | judges of election and each
holdover judge shall be paid the |
5 | | compensation of a judge of election
plus that of a tally judge.
|
6 | | Beginning on the effective date of this amendatory Act of |
7 | | 1998, the portion
of an election judge's daily compensation |
8 | | reimbursed by the State Board of
Elections is increased by
$15.
|
9 | | The increase provided by this amendatory Act of 1998 must be |
10 | | used
to increase each judge's compensation and may not be used |
11 | | by the county to
reduce its portion of a judge's compensation.
|
12 | | Beginning on the effective date of this amendatory Act of |
13 | | the 95th General Assembly, the portion of an election judge's |
14 | | daily compensation reimbursement by the State Board of |
15 | | Elections is increased by an additional $20. The increase |
16 | | provided by this amendatory Act of the 95th General Assembly |
17 | | must be used to increase each judge's compensation and may not |
18 | | be used by the election authority or election jurisdiction to |
19 | | reduce its portion of a judge's compensation.
|
20 | | (Source: P.A. 95-699, eff. 11-9-07.)
|
21 | | (10 ILCS 5/14-3.1) (from Ch. 46, par. 14-3.1)
|
22 | | Sec. 14-3.1. The board of election commissioners shall, |
23 | | during the
month of July of each even-numbered year,
select
for |
24 | | each election precinct within the jurisdiction of the board 5
|
25 | | persons to be judges of election who shall possess the |
|
| | SB0172 Enrolled | - 102 - | LRB098 04408 HLH 34436 b |
|
|
1 | | qualifications
required by this Act for such judges. The |
2 | | selection shall be made by a
county board of election |
3 | | commissioners in the following manner: the county
board of |
4 | | election commissioners shall select and approve 3 persons as |
5 | | judges of
election in each election precinct from a certified |
6 | | list
furnished by the chairman of the county central committee |
7 | | of the first leading
political party in that precinct; the |
8 | | county board of election commissioners
also shall select and |
9 | | approve 2 persons as judges of election in each election
|
10 | | precinct from a certified list furnished by the chairman of the |
11 | | county central
committee of the second leading political party |
12 | | in that precinct. The
selection by a municipal board of |
13 | | election commissioners shall be made in the
following manner: |
14 | | for each precinct, 3 judges shall be selected from one of
the 2 |
15 | | leading political parties and the other 2 judges shall be |
16 | | selected from
the other leading political party; the parties |
17 | | entitled to 3 and 2
judges, respectively, in the several |
18 | | precincts shall be determined as provided
in Section 14-4. |
19 | | However, a Board of Election Commissioners may
appoint
three |
20 | | judges of election to serve in lieu of the 5 judges of election |
21 | | otherwise
required by this Section to serve in any emergency |
22 | | referendum, or in any
odd-year regular election or in any |
23 | | special primary or special election called
for the purpose of |
24 | | filling a vacancy in the office of representative in the
United |
25 | | States Congress or to nominate candidates for such purpose.
|
26 | | If only 3 judges of election serve in each election |
|
| | SB0172 Enrolled | - 103 - | LRB098 04408 HLH 34436 b |
|
|
1 | | precinct, no more than
2 persons of the same political party |
2 | | shall be judges of election in the
same election precinct, and |
3 | | which political party is entitled to 2 judges
of election and |
4 | | which political party is entitled to one judge of election
|
5 | | shall be determined as set forth in this Section for a county |
6 | | board of
election commissioners' selection of 5 election judges |
7 | | in each precinct or in
Section 14-4 for a municipal board of |
8 | | election commissioners' selection of
election judges in each |
9 | | precinct, whichever is appropriate. In addition to
such |
10 | | precinct judges, the board of election commissioners shall |
11 | | appoint special
panels of 3 judges each, who shall possess the |
12 | | same qualifications and shall be
appointed in the same manner |
13 | | and with the
same division between political parties as is |
14 | | provided for other judges of
election. The number of such |
15 | | panels of judges required shall be determined by
regulation of |
16 | | the State Board of Elections, which shall base the required
|
17 | | number of special panels on the number of registered voters in |
18 | | the jurisdiction
or the number of absentee ballots voted at |
19 | | recent elections or any combination
of such factors. A |
20 | | municipal board of election
commissioners shall make the
|
21 | | selections of persons qualified under Section 14-1 from |
22 | | certified lists
furnished by the chairman of the respective |
23 | | county central committees , or each ward committeeperson in a |
24 | | municipality of 500,000 or more inhabitants, of the 2
leading |
25 | | political parties. Lists furnished by chairmen of county |
26 | | central
committees or ward committeepersons, as the case may |
|
| | SB0172 Enrolled | - 104 - | LRB098 04408 HLH 34436 b |
|
|
1 | | be, under this Section shall be arranged
according to |
2 | | precincts. The chairman of each county central committee or |
3 | | ward committeepersons, as the case may be, shall,
insofar as |
4 | | possible, list persons who reside within the precinct in which |
5 | | they
are to serve as judges.
However, he may, in his sole |
6 | | discretion, submit the names of persons who
reside outside the |
7 | | precinct but within the county embracing the precinct
in which |
8 | | they are to serve. He must, however, submit the names of at
|
9 | | least 2 residents of the precinct for each precinct in which |
10 | | his party
is to have 3 judges and must submit the name of at |
11 | | least one resident of
the precinct for each precinct in which |
12 | | his party is to have 2 judges.
The board of election |
13 | | commissioners shall no later than March 1 of each
even-numbered |
14 | | year notify the chairmen
of the respective county central |
15 | | committees or ward committeepersons, as the case may be, of |
16 | | their responsibility to
furnish such lists, and each such |
17 | | chairman shall furnish the board of
election commissioners with |
18 | | the list for his party on or before May 1 of each
even-numbered |
19 | | year. The
board of election commissioners shall acknowledge in |
20 | | writing to each
county chairman or ward committeepersons, as |
21 | | the case may be, the names of all persons submitted on such |
22 | | certified
list and the total number of persons listed thereon. |
23 | | If no such list is
furnished or if no names or an insufficient |
24 | | number of names are
furnished for certain precincts, the board |
25 | | of election commissioners
shall make or complete such list from |
26 | | the names contained in the
supplemental list provided for in |
|
| | SB0172 Enrolled | - 105 - | LRB098 04408 HLH 34436 b |
|
|
1 | | Section 14-3.2. Judges of election
shall hold their office for |
2 | | 2 years from their appointment and until
their successors are |
3 | | duly appointed in the manner herein provided. The
board of |
4 | | election commissioners shall, subject to the provisions of
|
5 | | Section 14-3.2, fill all vacancies in the office of judges of |
6 | | election
at any time in the manner herein provided.
|
7 | | Such selections under this Section shall be confirmed by |
8 | | the court as
provided in Section 14-5.
|
9 | | (Source: P.A. 94-1000, eff. 7-3-06.)
|
10 | | (10 ILCS 5/14-3.2) (from Ch. 46, par. 14-3.2)
|
11 | | Sec. 14-3.2.
In addition to the list provided for in |
12 | | Section 14-3.1, the chairman of
the county central committee , |
13 | | or each ward committeeperson in a municipality of 500,000 or |
14 | | more inhabitants, of each of the 2 leading political parties
|
15 | | shall furnish to the board of election commissioners a |
16 | | supplemental list,
arranged according to precinct in which they |
17 | | are to serve, of persons
available as judges of election, the |
18 | | names and number of all persons listed
thereon to be |
19 | | acknowledged in writing to the county chairman or ward |
20 | | committeepersons, as the case may be, submitting
such list by |
21 | | the board of election commissioners. The board of election
|
22 | | commissioners shall select from this supplemental list persons |
23 | | qualified
under Section 14-1, to fill vacancies among the |
24 | | judges of election. If the
list provided for in Section 14-3.1 |
25 | | for any precinct is exhausted, then
selection shall be made |
|
| | SB0172 Enrolled | - 106 - | LRB098 04408 HLH 34436 b |
|
|
1 | | from the supplemental list furnished by the
chairman of the |
2 | | county central committee or ward committeepersons, as the case |
3 | | may be, of the party. If such supplemental
list is exhausted |
4 | | for any precinct, then selection shall be made from any
of the |
5 | | persons on the supplemental list without regard to the |
6 | | precincts in
which they are listed to serve. No selection or |
7 | | appointment from the
supplemental list shall be made more than |
8 | | 21 days prior to the date of
precinct registration for those |
9 | | judges needed as precinct registrars, and
more than 60 45 days |
10 | | prior to the date of an election for those
additional
persons |
11 | | needed as election judges. In any case where selection cannot |
12 | | be
made from the supplemental list without violating Section |
13 | | 14-1, selection
shall be made from outside the supplemental |
14 | | list of some person qualified
under Section 14-1.
|
15 | | (Source: P.A. 93-574, eff. 8-21-03.)
|
16 | | (10 ILCS 5/16-5.01) (from Ch. 46, par. 16-5.01)
|
17 | | Sec. 16-5.01. (a) The election authority shall, at least 46
|
18 | | days prior to the date of any election at which federal |
19 | | officers
are elected and 45 days prior to any other regular |
20 | | election, have a
sufficient number of ballots printed so that |
21 | | such ballots will be available
for mailing 45 days prior to the |
22 | | date of the election to persons who have
filed application for |
23 | | a ballot under the provisions of Article 20 of this Act.
|
24 | | (b) If at any election at which federal offices are elected
|
25 | | or nominated the election authority is unable to comply with |
|
| | SB0172 Enrolled | - 107 - | LRB098 04408 HLH 34436 b |
|
|
1 | | the provisions
of subsection (a), the election authority shall |
2 | | mail to each such person, in
lieu of the ballot, a Special |
3 | | Write-in Vote by Mail Absentee Voter's Blank Ballot.
The |
4 | | Special Write-in Vote by Mail Absentee Voter's Blank Ballot |
5 | | shall be used at
all elections at which federal officers are |
6 | | elected or nominated and shall be
prepared by the election |
7 | | authority in substantially the following form:
|
8 | | Special Write-in Vote by Mail Absentee Voter's Blank Ballot
|
9 | | (To vote for a person, write the title of the office and |
10 | | his or her name
on the lines provided. Place to the left of and |
11 | | opposite the title of
office a square and place a cross (X) in |
12 | | the square.)
|
13 | | Title of Office Name of Candidate
|
14 | | ( )
|
15 | | ( )
|
16 | | ( )
|
17 | | ( )
|
18 | | ( )
|
19 | | ( )
|
20 | | The election authority shall send with the Special Write-in |
21 | | Vote by Mail Absentee
Voter's Blank Ballot a list of all |
22 | | referenda for which the voter is qualified
to vote and all |
23 | | candidates for whom nomination papers have been filed and
for |
24 | | whom the voter is qualified to vote. The voter shall be |
25 | | entitled to
write in the name of any candidate seeking
election |
26 | | and any referenda for which he or she is entitled to vote.
|
|
| | SB0172 Enrolled | - 108 - | LRB098 04408 HLH 34436 b |
|
|
1 | | On the back or outside of the ballot, so as to appear when |
2 | | folded, shall
be printed the words "Official Ballot", the date |
3 | | of the election and a
facsimile of the signature of the |
4 | | election authority who has caused the
ballot to be printed.
|
5 | | The provisions of Article 20, insofar as they may be |
6 | | applicable to the
Special Write-in Vote by Mail Absentee |
7 | | Voter's Blank Ballot, shall be applicable herein.
|
8 | | (c) Notwithstanding any provision of this Code or other law
|
9 | | to the contrary, the governing body of a municipality may |
10 | | adopt, upon submission of a written statement by the |
11 | | municipality's election authority attesting to the |
12 | | administrative ability of the election authority to administer |
13 | | an election using a ranked ballot to the municipality's |
14 | | governing body,
an ordinance requiring, and that |
15 | | municipality's election
authority shall prepare, a ranked vote |
16 | | by mail absentee ballot for
municipal and township office |
17 | | candidates to be voted on in the consolidated
election.
This |
18 | | ranked ballot shall be for use only by
a qualified voter who |
19 | | either is a member of the United States
military or will be |
20 | | outside of the United States on the
consolidated primary |
21 | | election day and the consolidated
election day. The ranked |
22 | | ballot shall contain a list of the
titles of all municipal and |
23 | | township offices potentially contested at both the |
24 | | consolidated
primary election and the consolidated election |
25 | | and the candidates for each office and shall
permit the elector |
26 | | to vote in the consolidated election by
indicating his or her |
|
| | SB0172 Enrolled | - 109 - | LRB098 04408 HLH 34436 b |
|
|
1 | | order of preference for each candidate
for each office. To |
2 | | indicate his or her order of preference for
each candidate for |
3 | | each office, the voter shall put the number
one next to the |
4 | | name of the candidate who is the voter's first
choice, the |
5 | | number 2 for his or her second choice, and so forth
so that, in |
6 | | consecutive numerical order, a number indicating
the voter's |
7 | | preference is written by the voter next to each
candidate's |
8 | | name on the ranked ballot. The voter shall not be required
to |
9 | | indicate his or her preference for more than one candidate
on |
10 | | the ranked ballot. The voter may not cast a write-in vote using |
11 | | the ranked ballot for the consolidated election. The election |
12 | | authority shall, if using the
ranked vote by mail absentee |
13 | | ballot authorized by this subsection, also
prepare |
14 | | instructions for use of the ranked ballot. The ranked ballot |
15 | | for the consolidated election shall be mailed to the voter at |
16 | | the same time that the ballot for the consolidated primary |
17 | | election is mailed to the voter and the election authority |
18 | | shall accept the completed ranked ballot for the consolidated |
19 | | election when the authority accepts the completed ballot for |
20 | | the consolidated primary election.
|
21 | | The voter shall also be sent a vote by mail an absentee |
22 | | ballot for the consolidated election for those races that are |
23 | | not related to the results of the consolidated primary election |
24 | | as soon as the consolidated election ballot is certified.
|
25 | | The State Board of Elections shall adopt rules for election
|
26 | | authorities for the implementation of this subsection,
|
|
| | SB0172 Enrolled | - 110 - | LRB098 04408 HLH 34436 b |
|
|
1 | | including but not limited to the application for and counting
|
2 | | of ranked ballots.
|
3 | | (Source: P.A. 96-1004, eff. 1-1-11; 97-81, eff. 7-5-11.)
|
4 | | (10 ILCS 5/17-8) (from Ch. 46, par. 17-8)
|
5 | | Sec. 17-8. The county clerk shall provide in each polling
|
6 | | place, so designated or provided a sufficient number of booths, |
7 | | which
shall be provided with such supplies and conveniences, |
8 | | including
shelves, pens, penholders, ink, blotters and |
9 | | pencils, as will enable the
voter to prepare his ballot for |
10 | | voting, and in which voters may prepare
their ballots screened |
11 | | from all observation as to the manner in which
they do so. They |
12 | | shall be within plain view of election officers, and both
they |
13 | | and the ballot boxes shall be within plain view of those within |
14 | | the
proximity of the voting booths. Each of said booths shall |
15 | | have 3 sides
enclosed, one
side in front, to be closed with a |
16 | | curtain. Each side of each booth
shall be 6 feet 4 inches and |
17 | | the curtain shall extend within 2 feet of
the floor, which |
18 | | shall be closed while the voter is preparing his
ballot. Each |
19 | | booth shall be at least 32 inches square and shall contain
a |
20 | | shelf at least one foot wide, at a convenient height for |
21 | | writing. No
person other than the election officers and the |
22 | | challengers allowed by
law, and those admitted for the purpose |
23 | | of voting as herein provided,
shall be permitted within the |
24 | | proximity of the voting booths, (i)
except by authority of the
|
25 | | election officers to keep order and enforce the law and (ii) |
|
| | SB0172 Enrolled | - 111 - | LRB098 04408 HLH 34436 b |
|
|
1 | | except that one or more children under the age of 18 may |
2 | | accompany their parent or guardian into the voting booth as |
3 | | long as a request to do so is made to the election officers |
4 | | and, in the sole discretion of the election officers, the child |
5 | | or children are not likely to disrupt or interfere with the |
6 | | voting process or influence the casting of a vote. The number |
7 | | of such
voting booths shall not be less than one to every 75 |
8 | | voters or fraction
thereof who voted at the last preceding |
9 | | election in the precinct. The
expense of providing booths and |
10 | | other things required in
this Act shall be paid in the same |
11 | | manner as other election expenses.
|
12 | | Where electronic voting systems are used, a booth with a
|
13 | | self-contained electronic voting device may be used. Each such |
14 | | booth
shall have 3 sides enclosed and shall be equipped with a |
15 | | curtain for
closing the front of the booth. The curtain must |
16 | | extend to within 2
feet of the floor. Each side shall be of |
17 | | such a height, in no event
less than 5 feet, one inch, as to |
18 | | insure the secrecy of the voter. Each
booth shall be at least |
19 | | 32 inches square, provided, however, that where
a booth is no |
20 | | more than 23 inches wide and the sides of such booth
extend |
21 | | from a point below the device to a height of 5 feet, one inch, |
22 | | at
the front of the booth, and such booth insures that voters |
23 | | may prepare
their ballots in secrecy, such booth may be used. |
24 | | If an election authority provides each polling place with |
25 | | stickers or emblems to be given to voters indicating that the |
26 | | person has voted, no person who has voted shall be denied such |
|
| | SB0172 Enrolled | - 112 - | LRB098 04408 HLH 34436 b |
|
|
1 | | sticker or emblem.
|
2 | | (Source: P.A. 94-288, eff. 1-1-06.)
|
3 | | (10 ILCS 5/17-9) (from Ch. 46, par. 17-9)
|
4 | | Sec. 17-9. Any person desiring to vote shall give his name |
5 | | and, if
required to do so, his residence to the judges of |
6 | | election, one of whom
shall thereupon announce the same in a |
7 | | loud and distinct tone of voice,
clear, and audible; the judges |
8 | | of elections shall check each application
for ballot against |
9 | | the list of voters registered in that precinct to
whom grace |
10 | | period, vote by mail absentee ,
or early
ballots have been |
11 | | issued for that election, which shall be
provided by the |
12 | | election authority and which list shall be available for
|
13 | | inspection by pollwatchers. A voter applying to vote in the
|
14 | | precinct on election day whose name appears on the list as |
15 | | having
been issued a grace period, vote by mail absentee ,
or |
16 | | early
ballot shall not be permitted to vote in the
precinct, |
17 | | except that a voter to whom a vote by mail an absentee ballot |
18 | | was issued may vote in the precinct if the voter submits to the |
19 | | election judges that vote by mail absentee ballot for |
20 | | cancellation. If the voter is unable to submit the vote by mail |
21 | | absentee ballot, it shall be sufficient for the voter to submit |
22 | | to the election judges (i) a portion of the vote by mail |
23 | | absentee ballot if the vote by mail absentee ballot was torn or |
24 | | mutilated or (ii) an affidavit executed before the election |
25 | | judges specifying that (A) the voter never received a vote by |
|
| | SB0172 Enrolled | - 113 - | LRB098 04408 HLH 34436 b |
|
|
1 | | mail an absentee ballot or (B) the voter completed and returned |
2 | | a vote by mail an absentee ballot and was informed that the |
3 | | election authority did not receive that vote by mail absentee |
4 | | ballot. All applicable provisions of Articles
4, 5 or 6 shall |
5 | | be complied with and if such name is found on the register of
|
6 | | voters by the
officer having charge thereof, he shall likewise |
7 | | repeat said name, and
the voter shall be allowed to enter |
8 | | within the proximity of the voting
booths, as above provided. |
9 | | One of the judges shall give the voter one,
and only one of |
10 | | each ballot to be voted at the election, on the back of
which |
11 | | ballots such judge shall indorse his initials in such manner |
12 | | that
they may be seen when each such ballot is properly folded, |
13 | | and the
voter's name shall be immediately checked on the |
14 | | register list. In those
election jurisdictions where |
15 | | perforated ballot cards are utilized of the
type on which |
16 | | write-in votes can be cast above the perforation, the election
|
17 | | authority shall provide a space both above and below the |
18 | | perforation for
the judge's initials, and the judge shall |
19 | | endorse his or her initials in
both spaces. Whenever
a proposal |
20 | | for a constitutional amendment or for the calling of a
|
21 | | constitutional convention is to be voted upon at the election, |
22 | | the
separate blue ballot or ballots pertaining thereto shall, |
23 | | when being
handed to the voter, be placed on top of the other |
24 | | ballots to be voted
at the election in such manner that the |
25 | | legend appearing on the back
thereof, as prescribed in Section |
26 | | 16-6 of this Act, shall be plainly
visible to the voter. At all |
|
| | SB0172 Enrolled | - 114 - | LRB098 04408 HLH 34436 b |
|
|
1 | | elections, when a registry may be
required, if the name of any |
2 | | person so desiring to vote at such election
is not found on the |
3 | | register of voters, he or she shall not receive a ballot
until |
4 | | he or she shall have complied with the law prescribing the |
5 | | manner and
conditions of voting by unregistered voters. If any |
6 | | person desiring to
vote at any election shall be challenged, he |
7 | | or she shall not receive a ballot
until he or she shall have |
8 | | established his right to vote in the manner provided
|
9 | | hereinafter; and if he or she shall be challenged after he has |
10 | | received his
ballot, he shall not be permitted to vote until he |
11 | | or she has fully complied
with such requirements of the law |
12 | | upon being challenged. Besides the
election officer, not more |
13 | | than 2 voters in excess of the whole number
of voting booths |
14 | | provided shall be allowed within the proximity of the voting
|
15 | | booths at one
time. The provisions of this Act, so far as they |
16 | | require the
registration of voters as a condition to their |
17 | | being allowed to vote
shall not apply to persons otherwise |
18 | | entitled to vote, who are, at the
time of the election, or at |
19 | | any time within 60 days prior to such
election have been |
20 | | engaged in the military or naval service of the
United States, |
21 | | and who appear personally at the polling place on
election day |
22 | | and produce to the judges of election satisfactory evidence
|
23 | | thereof, but such persons, if otherwise qualified to vote, |
24 | | shall be
permitted to vote at such election without previous |
25 | | registration.
|
26 | | All such persons shall also make an affidavit which shall |
|
| | SB0172 Enrolled | - 115 - | LRB098 04408 HLH 34436 b |
|
|
1 | | be in
substantially the following form:
|
2 | | State of Illinois,)
|
3 | | ) ss.
|
4 | | County of ........)
|
5 | | ............... Precinct .......... Ward
|
6 | | I, ...., do solemnly swear (or affirm) that I am a citizen |
7 | | of the
United States, of the age of 18 years or over, and that |
8 | | within the past
60 days prior to the date of this election at |
9 | | which I am applying to
vote, I have been engaged in the .... |
10 | | (military or naval) service of the
United States; and I am |
11 | | qualified to vote under and by virtue of the
Constitution and |
12 | | laws of the State of Illinois, and that I am a legally
|
13 | | qualified voter of this precinct and ward except that I have, |
14 | | because of
such service, been unable to register as a voter; |
15 | | that I now reside at
.... (insert street and number, if any) in |
16 | | this precinct and ward; that I
have maintained a legal |
17 | | residence in this precinct and ward for 30 days
and in this |
18 | | State 30 days next preceding this election.
|
19 | | .........................
|
20 | | Subscribed and sworn to before me on (insert date).
|
21 | | .........................
|
22 | | Judge of Election.
|
23 | | The affidavit of any such person shall be supported by the |
24 | | affidavit
of a resident and qualified voter of any such |
25 | | precinct and ward, which
affidavit shall be in substantially |
|
| | SB0172 Enrolled | - 116 - | LRB098 04408 HLH 34436 b |
|
|
1 | | the following form:
|
2 | | State of Illinois,)
|
3 | | ) ss.
|
4 | | County of ........)
|
5 | | ........... Precinct ........... Ward
|
6 | | I, ...., do solemnly swear (or affirm), that I am a |
7 | | resident of this
precinct and ward and entitled to vote at this |
8 | | election; that I am
acquainted with .... (name of the |
9 | | applicant); that I verily believe him
to be an actual bona fide |
10 | | resident of this precinct and ward and that I
verily believe |
11 | | that he or she has maintained a legal residence therein 30 days
|
12 | | and in this State 30 days next preceding this election.
|
13 | | .........................
|
14 | | Subscribed and sworn to before me on (insert date).
|
15 | | .........................
|
16 | | Judge of Election.
|
17 | | All affidavits made under the provisions of this Section |
18 | | shall be
enclosed in a separate envelope securely sealed, and |
19 | | shall be
transmitted with the returns of the elections to the |
20 | | county clerk or to
the board of election commissioners, who |
21 | | shall preserve the said
affidavits for the period of 6 months, |
22 | | during which period such
affidavits shall be deemed public |
23 | | records and shall be freely open to
examination as such.
|
24 | | (Source: P.A. 94-645, eff. 8-22-05; 94-1000, eff. 7-3-06.)
|
|
| | SB0172 Enrolled | - 117 - | LRB098 04408 HLH 34436 b |
|
|
1 | | (10 ILCS 5/17-18.1) (from Ch. 46, par. 17-18.1)
|
2 | | Sec. 17-18.1.
Wherever the judicial retention ballot to be |
3 | | used in
any general election contains the names of more than 15 |
4 | | judges on a
separate paper ballot, the County Clerk or Board of |
5 | | Election
Commissioners as the case may be, shall designate |
6 | | special judges of
election for the purpose of tallying and |
7 | | canvassing the votes cast for
and against the propositions for |
8 | | the retention of judges in office in
such places and at such |
9 | | times as the County Clerk or Board of Election
Commissioners |
10 | | determine. Special judges of election shall be designated
from |
11 | | certified lists submitted by the respective chairmen of the |
12 | | county
central committees of the two leading political parties. |
13 | | In the event
that the County Clerk or Board of Election |
14 | | Commissioners as the case may
be, decides that the counting of |
15 | | the retention ballots shall be
performed in the precinct where |
16 | | such ballots are cast, 2 special judges
of election shall be |
17 | | designated to tally and canvass the vote of each
precinct with |
18 | | one being named from each of the 2 leading political
parties.
|
19 | | In the event that the County Clerk or Board of Election |
20 | | Commissioners
decides that the judicial retention ballots from |
21 | | several precincts shall
be tallied and canvassed in a central |
22 | | or common location, then each
major political party shall be |
23 | | entitled to an equal number of special
election judges in each |
24 | | such central or common location. The County
Clerk or Board of |
25 | | Election Commissioners, as the case may be, shall
inform, no |
26 | | later than 75 days prior to such election, the respective
|
|
| | SB0172 Enrolled | - 118 - | LRB098 04408 HLH 34436 b |
|
|
1 | | chairmen of the county central committees of the location or |
2 | | locations
where the counting of retention ballots will be done, |
3 | | the number of names
to be included on the certified lists, and |
4 | | the number of special
election judges to be selected from those |
5 | | lists. If the certified list
for either party is not submitted |
6 | | within thirty days after the chairmen
have been so informed, |
7 | | the County Clerk or Board of Election
Commissioners shall |
8 | | designate special judges of election for that party
in whatever |
9 | | manner it determines.
|
10 | | The County Clerk or Board of Election Commissioners shall |
11 | | apply to
the Circuit Court for the confirmation of the special |
12 | | judges of election
designated under this Section. The court |
13 | | shall confirm or refuse to
confirm such designations as the |
14 | | interest of the public may require.
Those confirmed shall be |
15 | | officers of the court and subject to its
disciplinary powers.
|
16 | | The County Clerk or Board of Election Commissioners shall, |
17 | | in the
exercise of sound discretion, prescribe the forms, |
18 | | materials and
supplies together with the procedures for |
19 | | completion and return thereof
for use in such election by |
20 | | special judges of election. The special
judges of election |
21 | | designated under this Section shall have full
responsibility |
22 | | and authority for tallying and canvassing the votes
pertaining |
23 | | to the retention of judges and the return of ballots and
|
24 | | supplies.
|
25 | | If the County Clerk or Board of Election Commissioners |
26 | | decides that
the counting of the retention ballots shall be |
|
| | SB0172 Enrolled | - 119 - | LRB098 04408 HLH 34436 b |
|
|
1 | | performed in the precinct
where such ballots were cast, at |
2 | | least 2 ballot boxes shall be provided
for paper retention |
3 | | ballots, one of which shall be used from the opening
of the |
4 | | polls until 9:00 a.m. and from 12:00 noon until 3:00 p.m. and |
5 | | the
second of which shall be used from 9:00 a.m. until 12:00 |
6 | | noon and from
3:00 p.m. until the closing of the polls; |
7 | | provided that if additional
ballot boxes are provided, the |
8 | | additional boxes shall be used instead of
reusing boxes used |
9 | | earlier. At the close of each such period of use, a
ballot box |
10 | | used for retention ballots shall be immediately unsealed and
|
11 | | opened and the ballots therein counted and tallied by the |
12 | | special judges
of election. After counting and tallying the |
13 | | retention ballots, the
special judges of election shall place |
14 | | the counted ballots in a
container provided for that purpose by |
15 | | the County Clerk or Board of
Election Commissioners and clearly |
16 | | marked with the appropriate printing
and shall thereupon seal |
17 | | such container. One such container shall be
provided for each |
18 | | of the four time periods and clearly designated as the
|
19 | | container for the respective period. The tally shall be |
20 | | recorded on
sheets provided by the County Clerk or Board of |
21 | | Election Commissioners
and designated as tally sheets for the |
22 | | respective time periods. Before a
ballot box may be reused, it |
23 | | shall in the presence of all of the judges
of election be |
24 | | verified to be empty, whereupon it shall be resealed.
After the |
25 | | close of the polls, and after the tally of votes cast by vote |
26 | | by mail
absentee voters, the special judges of election shall |
|
| | SB0172 Enrolled | - 120 - | LRB098 04408 HLH 34436 b |
|
|
1 | | add together the
tallies of all the ballot boxes used |
2 | | throughout the day, and complete
the canvass of votes for |
3 | | retention of judges in the manner established
by this Act. All |
4 | | of these procedures shall be carried out within the
clear view |
5 | | of the other judges of election. The sealed containers of
used |
6 | | retention ballots shall be returned with other voted ballots to |
7 | | the
County Clerk or Board of Election Commissioners in the |
8 | | manner provided
by this Act.
|
9 | | The compensation of a special judge of election may not |
10 | | exceed $30
per judge per precinct or district canvassed.
|
11 | | This Section does not affect any other office or the |
12 | | conduct of any
other election held at the same time as the |
13 | | election for the retention
of judges in office.
|
14 | | (Source: P.A. 81-850; 81-1149.)
|
15 | | (10 ILCS 5/17-19.2) (from Ch. 46, par. 17-19.2)
|
16 | | Sec. 17-19.2.
Where a vacancy in nomination is filled |
17 | | pursuant to
Section 7-61 or Section 10-11, the vote by mail |
18 | | absentee votes cast for the original
candidate on the first |
19 | | ballot shall not be counted. For this purpose, in
those |
20 | | jurisdictions where electronic voting systems are used, the
|
21 | | election authority shall determine a method by which the first |
22 | | ballots
containing the name of the original candidate may be |
23 | | segregated from the
revised ballots containing the name of the |
24 | | successor candidate and
separately counted.
|
25 | | Where a vacancy in nomination is not filled pursuant to |
|
| | SB0172 Enrolled | - 121 - | LRB098 04408 HLH 34436 b |
|
|
1 | | Section 7-61
or Section 10-11, all votes cast for the original |
2 | | candidate shall be counted
for such candidate.
|
3 | | (Source: P.A. 84-861.)
|
4 | | (10 ILCS 5/17-21) (from Ch. 46, par. 17-21)
|
5 | | Sec. 17-21.
When the votes shall have been examined and |
6 | | counted, the judges
shall set down on a sheet or return form to |
7 | | be supplied to them, the name of
every person voted for, |
8 | | written or printed at full length, the office
for which such |
9 | | person received such votes, and the number he did receive
and |
10 | | such additional information as is necessary to complete, as |
11 | | nearly
as circumstances will admit, the following form, to-wit:
|
12 | | TALLY SHEET AND CERTIFICATE OF
|
13 | | RESULTS
|
14 | | We do hereby certify that at the .... election held in the |
15 | | precinct
hereinafter (general or special) specified on (insert |
16 | | date), a total of
.... voters requested and received ballots |
17 | | and we do further certify:
|
18 | | Number of blank ballots delivered to us ....
|
19 | | Number of vote by mail absentee ballots delivered to us |
20 | | ....
|
21 | | Total number of ballots delivered to us ....
|
22 | | Number of blank and spoiled ballots returned.
|
23 | | (1) Total number of ballots cast (in box)....
|
24 | | .... Defective and Objected To ballots sealed in envelope
|
25 | | (2) .... Total number of ballots cast (in box)
|
|
| | SB0172 Enrolled | - 122 - | LRB098 04408 HLH 34436 b |
|
|
1 | | Line (2) equals line (1)
|
2 | | We further certify that each of the candidates for |
3 | | representative in
the General Assembly received the number of |
4 | | votes ascribed to him on the
separate tally sheet.
|
5 | | We further certify that each candidate received the number |
6 | | of votes
set forth opposite his name or in the box containing |
7 | | his name on the
tally sheet contained in the page or pages |
8 | | immediately following our
signatures.
|
9 | | The undersigned actually served as judges and counted the |
10 | | ballots at
the election on the .... day of .... in the .... |
11 | | precinct of the (1)
*township of ...., or (2) *City of ...., or |
12 | | (3) *.... ward in the city
of .... and the polls were opened at |
13 | | 6:00 A.M. and closed at 7:00 P.M.
Certified by us.
|
14 | | *Fill in either (1), (2) or (3)
|
15 | | A B, ....(Address)
|
16 | | C D, ....(Address)
|
17 | | E F, ....(Address)
|
18 | | G H, ....(Address)
|
19 | | I J, ....(Address)
|
20 | | Each tally sheet shall be in substantially one of the |
21 | | following forms:
|
22 | | -------------------------------------------------------------
|
|
23 | | |
|
|
|
Candidate's |
| | | |
|
24 | | Name of |
Candidates |
|
|
Total |
| | | |
|
25 | | office |
Names |
|
|
Vote |
5 |
10 |
15 |
20 |
|
|
|
| | SB0172 Enrolled | - 124 - | LRB098 04408 HLH 34436 b |
|
|
1 | | pollwatchers per
precinct. For all elections, the pollwatchers |
2 | | must be
registered to vote
in Illinois.
|
3 | | (3) Each organization of citizens within the county or |
4 | | political
subdivision, which has among its purposes or |
5 | | interests the investigation
or prosecution of election frauds, |
6 | | and which shall have registered its
name and address and the |
7 | | name and addresses of its principal officers
with the proper |
8 | | election authority at least 40 days before the election,
shall |
9 | | be entitled to appoint one pollwatcher per precinct. For all
|
10 | | elections, the pollwatcher must be registered to vote in
|
11 | | Illinois.
|
12 | | (3.5) Each State nonpartisan civic organization within the |
13 | | county or political subdivision shall be entitled to appoint |
14 | | one pollwatcher per precinct, provided that no more than 2 |
15 | | pollwatchers appointed by State nonpartisan civic |
16 | | organizations shall be present in a precinct polling place at |
17 | | the same time. Each organization shall have registered the |
18 | | names and addresses of its principal officers with the proper |
19 | | election authority at least 40 days before the election. The |
20 | | pollwatchers must be registered to vote in Illinois. For the |
21 | | purpose of this paragraph, a "State nonpartisan civic |
22 | | organization" means any corporation, unincorporated |
23 | | association, or organization that: |
24 | | (i) as part of its written articles of incorporation, |
25 | | bylaws, or charter or by separate written declaration, has |
26 | | among its stated purposes the provision of voter |
|
| | SB0172 Enrolled | - 125 - | LRB098 04408 HLH 34436 b |
|
|
1 | | information and education, the protection of individual |
2 | | voters' rights, and the promotion of free and equal |
3 | | elections; |
4 | | (ii) is organized or primarily conducts its activities |
5 | | within the State of Illinois; and |
6 | | (iii) continuously maintains an office or business |
7 | | location within the State of Illinois, together with a |
8 | | current listed telephone number (a post office box number |
9 | | without a current listed telephone number is not |
10 | | sufficient).
|
11 | | (4) In any general election held to elect candidates for |
12 | | the offices of
a municipality of less than 3,000,000 population |
13 | | that is situated in 2 or
more counties, a pollwatcher who is a |
14 | | resident of Illinois shall be eligible to serve as a
|
15 | | pollwatcher in any poll located within such
municipality, |
16 | | provided that such pollwatcher otherwise complies with the
|
17 | | respective requirements of subsections (1) through (3) of this |
18 | | Section and
is a registered voter in Illinois.
|
19 | | (5) Each organized group of proponents or opponents of a |
20 | | ballot
proposition, which shall have registered the name and |
21 | | address of its
organization or committee and the name and |
22 | | address of its chairman with the
proper election authority at |
23 | | least 40 days before the election, shall be
entitled to appoint |
24 | | one pollwatcher per precinct. The pollwatcher
must be
|
25 | | registered to vote in Illinois.
|
26 | | All pollwatchers shall be required to have proper |
|
| | SB0172 Enrolled | - 126 - | LRB098 04408 HLH 34436 b |
|
|
1 | | credentials. Such
credentials shall be printed in sufficient |
2 | | quantities, shall be issued
by and under the facsimile |
3 | | signature(s) of the election authority or the State Board of |
4 | | Elections and
shall be available for distribution by the |
5 | | election authority and State Board of Elections at least 2 |
6 | | weeks prior to the
election. Such credentials shall be |
7 | | authorized by the real or facsimile
signature of the State or |
8 | | local party official or the candidate or the
presiding officer |
9 | | of the civic organization or the chairman of the
proponent or |
10 | | opponent group, as the case may be. Neither the election |
11 | | authority nor the State Board of Elections may require any such |
12 | | party official or the candidate or the presiding officer of the |
13 | | civic organization or the chairman of the proponent or opponent |
14 | | group to submit the names or other information concerning |
15 | | pollwatchers before making credentials available to such |
16 | | persons or organizations.
|
17 | | Pollwatcher credentials shall be in substantially the |
18 | | following form:
|
19 | | POLLWATCHER CREDENTIALS
|
20 | | TO THE JUDGES OF ELECTION:
|
21 | | In accordance with the provisions of the Election
Code, the |
22 | | undersigned hereby appoints .......... (name of pollwatcher)
|
23 | | who resides at ........... (address) in the county
of |
24 | | ..........., .......... (township or municipality)
of |
25 | | ........... (name), State of Illinois and who is duly |
|
| | SB0172 Enrolled | - 127 - | LRB098 04408 HLH 34436 b |
|
|
1 | | registered
to vote from this address, to act as a pollwatcher |
2 | | in the
........... precinct of the ........... ward (if |
3 | | applicable)
of the ........... (township or municipality) of |
4 | | ........... at the
........... election to be held on (insert |
5 | | date).
|
6 | | ........................ (Signature of Appointing Authority)
|
7 | | ......................... TITLE (party official, candidate,
|
8 | | civic organization president,
|
9 | | proponent or opponent group chairman)
|
10 | | Under penalties provided by law pursuant to Section 29-10 |
11 | | of the
Election Code, the undersigned pollwatcher certifies |
12 | | that he or she resides
at ................ (address) in the |
13 | | county of ............, .........
(township or municipality) |
14 | | of ........... (name), State of Illinois, and is
duly |
15 | | registered to vote in Illinois.
|
16 | | .......................... .......................
|
17 | | (Precinct and/or Ward in (Signature of Pollwatcher)
|
18 | | Which Pollwatcher Resides)
|
19 | | Pollwatchers must present their credentials to the Judges |
20 | | of Election
upon entering the polling place. Pollwatcher |
21 | | credentials properly
executed and signed shall be proof of the |
22 | | qualifications of the
pollwatcher authorized thereby. Such |
23 | | credentials are retained by the
Judges and returned to the |
24 | | Election Authority at the end of the day of
election with the |
|
| | SB0172 Enrolled | - 128 - | LRB098 04408 HLH 34436 b |
|
|
1 | | other election materials. Once a pollwatcher has
surrendered a |
2 | | valid credential, he may leave and reenter the polling place
|
3 | | provided that such continuing action does not disrupt the |
4 | | conduct of the
election. Pollwatchers may be substituted during |
5 | | the course of the day, but
established political parties, |
6 | | candidates and qualified civic organizations
can have only as |
7 | | many pollwatchers at any given time as are authorized in
this |
8 | | Article. A substitute must present his signed credential to the
|
9 | | judges of election upon entering the polling place. Election |
10 | | authorities
must provide a sufficient number of credentials to |
11 | | allow for substitution
of pollwatchers. After the polls have |
12 | | closed pollwatchers shall be allowed
to remain until the |
13 | | canvass of votes is completed; but may leave and
reenter only |
14 | | in cases of necessity, provided that such action is not so
|
15 | | continuous as to disrupt the canvass of votes.
|
16 | | Candidates seeking office in a district or municipality |
17 | | encompassing 2
or more counties shall be admitted to any and |
18 | | all polling places throughout
such district or municipality |
19 | | without regard to the counties in which such
candidates are |
20 | | registered to vote. Actions of such candidates shall be
|
21 | | governed in each polling place by the same privileges and |
22 | | limitations that
apply to pollwatchers as provided in this |
23 | | Section. Any such candidate who
engages in an activity in a |
24 | | polling place which could reasonably be
construed by a majority |
25 | | of the judges of election as campaign activity
shall be removed |
26 | | forthwith from such polling place.
|
|
| | SB0172 Enrolled | - 129 - | LRB098 04408 HLH 34436 b |
|
|
1 | | Candidates seeking office in a district or municipality |
2 | | encompassing 2 or
more counties who desire to be admitted to |
3 | | polling places on election day
in such district or municipality |
4 | | shall be required to have proper
credentials. Such credentials |
5 | | shall be printed in sufficient quantities,
shall be issued by |
6 | | and under the facsimile signature of the State Board of |
7 | | Elections or the
election authority of the election |
8 | | jurisdiction where the polling place in
which the candidate |
9 | | seeks admittance is located, and shall be available for
|
10 | | distribution at least 2 weeks prior to the election. Such |
11 | | credentials shall
be signed by the candidate.
|
12 | | Candidate credentials shall be in substantially the |
13 | | following form:
|
14 | | CANDIDATE CREDENTIALS
|
15 | | TO THE JUDGES OF ELECTION:
|
16 | | In accordance with the provisions of the Election Code, I |
17 | | ...... (name of
candidate) hereby certify that I am a candidate |
18 | | for ....... (name of
office) and seek admittance to ....... |
19 | | precinct of the ....... ward (if
applicable) of the ....... |
20 | | (township or municipality) of ....... at the
....... election |
21 | | to be held on (insert date).
|
22 | | ......................... .......................
|
23 | | (Signature of Candidate) OFFICE FOR WHICH
|
24 | | CANDIDATE SEEKS
|
25 | | NOMINATION OR
|
|
| | SB0172 Enrolled | - 130 - | LRB098 04408 HLH 34436 b |
|
|
1 | | ELECTION
|
2 | | Pollwatchers shall be permitted to observe all proceedings |
3 | | and view all reasonably requested records relating
to the |
4 | | conduct of the election, provided the secrecy of the ballot is |
5 | | not impinged, and to station themselves in a position
in the |
6 | | voting room as will enable them to observe the judges making |
7 | | the
signature comparison between the voter application and the |
8 | | voter
registration record card; provided, however, that such |
9 | | pollwatchers
shall not be permitted to station themselves in |
10 | | such close proximity to
the judges of election so as to |
11 | | interfere with the orderly conduct of
the election and shall |
12 | | not, in any event, be permitted to handle
election materials. |
13 | | Pollwatchers may challenge for cause the voting
qualifications |
14 | | of a person offering to vote and may call to the
attention of |
15 | | the judges of election any incorrect procedure or apparent
|
16 | | violations of this Code.
|
17 | | If a majority of the judges of election determine that the |
18 | | polling
place has become too overcrowded with pollwatchers so |
19 | | as to interfere
with the orderly conduct of the election, the |
20 | | judges shall, by lot,
limit such pollwatchers to a reasonable |
21 | | number, except that each
established or new political party |
22 | | shall be permitted to have at least
one pollwatcher present.
|
23 | | Representatives of an election authority, with regard to an |
24 | | election
under its jurisdiction, the State Board of Elections, |
25 | | and law
enforcement agencies, including but not limited to a |
|
| | SB0172 Enrolled | - 131 - | LRB098 04408 HLH 34436 b |
|
|
1 | | United States
Attorney, a State's attorney, the Attorney |
2 | | General, and a State, county,
or local police department, in |
3 | | the performance of their official
election duties, shall be |
4 | | permitted at all times to enter and remain in
the polling |
5 | | place. Upon entering the polling place, such
representatives |
6 | | shall display their official credentials or other
|
7 | | identification to the judges of election.
|
8 | | Uniformed police officers assigned to polling place duty |
9 | | shall follow
all lawful instructions of the judges of election.
|
10 | | The provisions of this Section shall also apply to |
11 | | supervised casting of vote by mail
absentee ballots as provided |
12 | | in Section 19-12.2 of this Act.
|
13 | | (Source: P.A. 98-115, eff. 7-29-13.)
|
14 | | (10 ILCS 5/17-29) (from Ch. 46, par. 17-29)
|
15 | | Sec. 17-29. (a) No judge of election, pollwatcher, or other |
16 | | person shall,
at any primary or election, do any electioneering |
17 | | or soliciting of votes
or engage in any political discussion |
18 | | within any polling place, within
100 feet of any polling place, |
19 | | or, at the option of a church or private school, on any of the |
20 | | property of that church or private school that is a polling |
21 | | place; no person shall interrupt, hinder or
oppose any voter |
22 | | while approaching within those areas
for the purpose of voting. |
23 | | Judges of election shall enforce the
provisions of this |
24 | | Section.
|
25 | | (b) Election officers shall place 2 or more cones, small |
|
| | SB0172 Enrolled | - 132 - | LRB098 04408 HLH 34436 b |
|
|
1 | | United States
national flags, or some other marker a distance |
2 | | of 100 horizontal feet from
each entrance to the room used by |
3 | | voters to engage in voting, which shall be
known as the polling |
4 | | room. If
the polling room is located within a building
that is |
5 | | a private business, a public or private school, or a church or |
6 | | other organization founded
for the purpose of religious worship |
7 | | and the
distance of 100 horizontal feet ends within the |
8 | | interior of the
building, then the markers shall be placed |
9 | | outside of the
building at each entrance used by voters to |
10 | | enter that
building on the grounds adjacent to the thoroughfare |
11 | | or walkway. If the polling
room is located within a public or |
12 | | private building with 2 or more floors and
the polling room is |
13 | | located on the ground floor, then the markers shall be
placed |
14 | | 100 horizontal feet from each entrance to the polling room used |
15 | | by
voters to engage in voting. If the polling room is located |
16 | | in a public or
private building with 2 or more floors and the |
17 | | polling room is located on a
floor above or below the ground |
18 | | floor,
then the markers shall be placed a distance of 100 feet |
19 | | from the nearest
elevator or staircase used by voters on the |
20 | | ground floor to access the floor
where the polling room is |
21 | | located. The area within where the markers are placed
shall be |
22 | | known as a campaign free zone, and electioneering is prohibited
|
23 | | pursuant to this subsection. Notwithstanding any other |
24 | | provision of this Section, a church or private school may |
25 | | choose to apply the campaign free zone to its entire property, |
26 | | and, if so, the markers shall be placed near the boundaries on |
|
| | SB0172 Enrolled | - 133 - | LRB098 04408 HLH 34436 b |
|
|
1 | | the grounds adjacent to the thoroughfares or walkways leading |
2 | | to the entrances used by the voters.
If an election authority |
3 | | maintains a website, no later than 5 days before election day, |
4 | | each election authority shall post on its website the name and |
5 | | address of every polling place designated as a campaign free |
6 | | zone. This information shall be immediately provided to any |
7 | | person upon request, and a requester shall not be required to |
8 | | submit a request under the Freedom of Information Act.
|
9 | | The area on polling place property beyond the campaign free |
10 | | zone, whether
publicly or privately owned, is a public forum |
11 | | for the time that the polls are
open on an election day. At the |
12 | | request of election officers any publicly owned
building must |
13 | | be made available for use as a polling place. A person shall |
14 | | have
the right to congregate and engage in electioneering on |
15 | | any polling place
property while the polls are open beyond the |
16 | | campaign free zone, including but
not limited to, the placement |
17 | | of temporary signs.
This subsection shall be construed |
18 | | liberally in favor of persons engaging in
electioneering
on all |
19 | | polling place property beyond the campaign free zone for the |
20 | | time that
the polls are
open on an election day. At or near the |
21 | | door of each polling place, the election judges shall place |
22 | | signage indicating the proper entrance to the polling place. In |
23 | | addition, the election judges shall ensure that a sign |
24 | | identifying the location of the polling place is placed on a |
25 | | nearby public roadway. The State Board of Elections shall |
26 | | establish guidelines for the placement of polling place |
|
| | SB0172 Enrolled | - 134 - | LRB098 04408 HLH 34436 b |
|
|
1 | | signage.
|
2 | | (c) The regulation of electioneering on polling place |
3 | | property on an
election
day, including but not limited to the |
4 | | placement of temporary signs, is an
exclusive power and |
5 | | function of the State. A home rule unit may not regulate
|
6 | | electioneering and any ordinance or local law contrary to |
7 | | subsection (c) is
declared void. This is a denial and |
8 | | limitation of home rule powers and
functions under subsection |
9 | | (h) of Section 6 of Article VII of the Illinois
Constitution.
|
10 | | (Source: P.A. 95-699, eff. 11-9-07.)
|
11 | | (10 ILCS 5/18-5) (from Ch. 46, par. 18-5)
|
12 | | Sec. 18-5. Any person desiring to vote and whose name is |
13 | | found upon
the register of voters by the person having charge |
14 | | thereof, shall then
be questioned by one of the judges as to |
15 | | his nativity, his term of
residence at present address, |
16 | | precinct, State and United States, his
age, whether naturalized |
17 | | and if so the date of naturalization papers and
court from |
18 | | which secured, and he shall be asked to state his residence
|
19 | | when last previously registered and the date of the election |
20 | | for which
he then registered. The judges of elections shall |
21 | | check each application
for ballot against the list of voters |
22 | | registered in that precinct to whom
grace period, vote by mail |
23 | | absentee , and early ballots have been issued for that election, |
24 | | which shall
be provided
by the election authority and which |
25 | | list shall be available for inspection
by pollwatchers. A voter |
|
| | SB0172 Enrolled | - 135 - | LRB098 04408 HLH 34436 b |
|
|
1 | | applying to vote in
the precinct on
election day whose name |
2 | | appears on the list as having been issued a grace period, vote |
3 | | by mail absentee ,
or early ballot shall not be permitted to |
4 | | vote in the precinct, except that a voter to whom a vote by |
5 | | mail an absentee ballot was issued may vote in the precinct if |
6 | | the voter submits to the election judges that vote by mail |
7 | | absentee ballot for cancellation. If the voter is unable to |
8 | | submit the vote by mail absentee ballot, it shall be sufficient |
9 | | for the voter to submit to the election judges (i) a portion of |
10 | | the vote by mail absentee ballot if the vote by mail absentee |
11 | | ballot was torn or mutilated or (ii) an affidavit executed |
12 | | before the election judges specifying that (A) the voter never |
13 | | received a vote by mail an absentee ballot or (B) the voter |
14 | | completed and returned a vote by mail an absentee ballot and |
15 | | was informed that the election authority did not receive that |
16 | | vote by mail absentee ballot.
If such person
so registered |
17 | | shall be challenged as disqualified, the party challenging
|
18 | | shall assign his reasons therefor, and thereupon one of the |
19 | | judges shall
administer to him an oath to answer questions, and |
20 | | if he shall take the
oath he shall then be questioned by the |
21 | | judge or judges touching such cause
of challenge, and touching |
22 | | any other cause of disqualification. And he may
also be |
23 | | questioned by the person challenging him in regard to his
|
24 | | qualifications and identity. But if a majority of the judges |
25 | | are of the
opinion that he is the person so registered and a |
26 | | qualified voter, his vote
shall then be received accordingly. |
|
| | SB0172 Enrolled | - 136 - | LRB098 04408 HLH 34436 b |
|
|
1 | | But if his vote be rejected by such
judges, such person may |
2 | | afterward produce and deliver an affidavit to such
judges, |
3 | | subscribed and sworn to by him before one of the judges, in |
4 | | which
it shall be stated how long he has resided in such |
5 | | precinct, and state;
that he is a citizen of the United States, |
6 | | and is a duly qualified voter in
such precinct, and that he is |
7 | | the identical person so registered.
In addition to such an |
8 | | affidavit, the person so challenged shall provide
to the judges |
9 | | of election proof of residence by producing 2 forms of
|
10 | | identification showing the person's current residence address, |
11 | | provided
that such identification may include a lease or |
12 | | contract for a residence and not more than one piece of mail |
13 | | addressed to the person at his current residence address and
|
14 | | postmarked not earlier than 30 days prior to the date of the
|
15 | | election, or the person shall procure a witness personally |
16 | | known to the
judges of election, and resident in the precinct |
17 | | (or district), or who
shall be proved by some legal voter of |
18 | | such precinct or district, known to
the judges to be such, who |
19 | | shall take the oath following, viz:
|
20 | | I do solemnly swear (or affirm) that I am a resident of |
21 | | this election
precinct (or district), and entitled to vote at |
22 | | this election, and that I
have been a resident of this State |
23 | | for 30 days last past, and am well
acquainted with the person |
24 | | whose vote is now offered; that he is an actual
and bona fide |
25 | | resident of this election precinct (or district), and has
|
26 | | resided herein 30 days, and as I verily believe, in this State, |
|
| | SB0172 Enrolled | - 137 - | LRB098 04408 HLH 34436 b |
|
|
1 | | 30 days
next preceding this election.
|
2 | | The oath in each case may be administered by one of the |
3 | | judges of
election, or by any officer, resident in the precinct |
4 | | or district,
authorized by law to administer oaths. Also |
5 | | supported by an affidavit by a
registered voter residing in |
6 | | such precinct, stating his own residence, and
that he knows |
7 | | such person; and that he does reside at the place mentioned
and |
8 | | has resided in such precinct and state for the length of time |
9 | | as stated
by such person, which shall be subscribed and sworn |
10 | | to in the same way.
For purposes of this Section, the |
11 | | submission of a photo identification issued by a college or |
12 | | university, accompanied by either (i) a copy of the applicant's |
13 | | contract or lease for a residence or (ii) one piece of mail |
14 | | addressed to the person at his or her current residence address |
15 | | and postmarked not earlier than 30 days prior to the date of |
16 | | the election, shall be sufficient to establish proof of |
17 | | residence. Whereupon the vote of such person shall be received, |
18 | | and entered as other
votes. But such judges, having charge of |
19 | | such registers, shall state in
their respective books the facts |
20 | | in such case, and the affidavits, so
delivered to the judges, |
21 | | shall be preserved and returned to the office of
the |
22 | | commissioners of election. Blank affidavits of the character |
23 | | aforesaid
shall be sent out to the judges of all the precincts, |
24 | | and the judges of
election shall furnish the same on demand and |
25 | | administer the oaths without
criticism. Such oaths, if |
26 | | administered by any other officer than such judge
of election, |
|
| | SB0172 Enrolled | - 138 - | LRB098 04408 HLH 34436 b |
|
|
1 | | shall not be received. Whenever a proposal for a
constitutional |
2 | | amendment or for the calling of a constitutional convention
is |
3 | | to be voted upon at the election, the separate blue ballot or |
4 | | ballots
pertaining thereto shall 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, and in |
8 | | this fashion the ballots shall be handed to
the voter by the |
9 | | judge.
|
10 | | Immediately after voting, the voter shall be instructed |
11 | | whether the voting equipment, if used, accepted or rejected the |
12 | | ballot or identified the ballot as under-voted. A voter whose |
13 | | ballot is identified as under-voted for a statewide |
14 | | constitutional office may return to the voting booth and |
15 | | complete the voting of that ballot. A voter whose ballot is not |
16 | | accepted by the voting equipment may, upon surrendering the |
17 | | ballot, request and vote another ballot. The voter's |
18 | | surrendered ballot shall be initialed by the election judge and |
19 | | handled as provided in the appropriate Article governing that |
20 | | voting equipment. |
21 | | The voter shall, upon quitting the voting booth, deliver to |
22 | | one of
the judges of election all of the ballots, properly |
23 | | folded, which he
received. The judge of election to whom the |
24 | | voter delivers his ballots
shall not accept the same unless all |
25 | | of the ballots given to the voter
are returned by him. If a |
26 | | voter delivers less than all of the ballots
given to him, the |
|
| | SB0172 Enrolled | - 139 - | LRB098 04408 HLH 34436 b |
|
|
1 | | judge to whom the same are offered shall advise him in
a voice |
2 | | clearly audible to the other judges of election that the voter
|
3 | | must return the remainder of the ballots. The statement of the |
4 | | judge to
the voter shall clearly express the fact that the |
5 | | voter is not required
to vote such remaining ballots but that |
6 | | whether or not he votes them he
must fold and deliver them to |
7 | | the judge. In making such statement the
judge of election shall |
8 | | not indicate by word, gesture or intonation of
voice that the |
9 | | unreturned ballots shall be voted in any particular
manner. No |
10 | | new voter shall be permitted to enter the voting booth of a
|
11 | | voter who has failed to deliver the total number of ballots |
12 | | received by
him until such voter has returned to the voting |
13 | | booth pursuant to the
judge's request and again quit the booth |
14 | | with all of the ballots
required to be returned by him. Upon |
15 | | receipt of all such ballots the
judges of election shall enter |
16 | | the name of the voter, and his number, as
above provided in |
17 | | this Section, and the judge to whom the ballots are
delivered |
18 | | shall immediately put the ballots into the ballot box. If any
|
19 | | voter who has failed to deliver all the ballots received by him |
20 | | refuses
to return to the voting booth after being advised by |
21 | | the judge of
election as herein provided, the judge shall |
22 | | inform the other judges of
such refusal, and thereupon the |
23 | | ballot or ballots returned to the judge
shall be deposited in |
24 | | the ballot box, the voter shall be permitted to
depart from the |
25 | | polling place, and a new voter shall be permitted to
enter the |
26 | | voting booth.
|
|
| | SB0172 Enrolled | - 140 - | LRB098 04408 HLH 34436 b |
|
|
1 | | The judge of election who receives the ballot or ballots |
2 | | from the
voter shall announce the residence and name of such |
3 | | voter in a loud
voice. The judge shall put the ballot or |
4 | | ballots received from the voter
into the ballot box in the |
5 | | presence of the voter and the judges of
election, and in plain |
6 | | view of the public. The judges having charge of
such registers |
7 | | shall then, in a column prepared thereon, in the same
line of, |
8 | | the name of the voter, mark "Voted" or the letter "V".
|
9 | | No judge of election shall accept from any voter less than |
10 | | the full
number of ballots received by such voter without first |
11 | | advising the
voter in the manner above provided of the |
12 | | necessity of returning all of
the ballots, nor shall any such |
13 | | judge advise such voter in a manner
contrary to that which is |
14 | | herein permitted, or in any other manner
violate the provisions |
15 | | of this Section; provided, that the acceptance by
a judge of |
16 | | election of less than the full number of ballots delivered to
a |
17 | | voter who refuses to return to the voting booth after being |
18 | | properly
advised by such judge shall not be a violation of this |
19 | | Section.
|
20 | | (Source: P.A. 95-699, eff. 11-9-07; 96-317, eff. 1-1-10.)
|
21 | | (10 ILCS 5/18-9.2) (from Ch. 46, par. 18-9.2)
|
22 | | Sec. 18-9.2.
Where a vacancy in nomination is filled |
23 | | pursuant
to Section 7-61 or Section 10-11, the vote by mail |
24 | | absentee votes cast for the
original candidate on the first |
25 | | ballot shall not be counted.
For this purpose, in those |
|
| | SB0172 Enrolled | - 141 - | LRB098 04408 HLH 34436 b |
|
|
1 | | jurisdictions
where electronic voting systems are used, the |
2 | | election authority
shall determine a method by which the first |
3 | | ballots containing
the name of the original candidate may be |
4 | | segregated from the
revised ballots containing the name of the |
5 | | successor candidate
and separately counted.
|
6 | | Where a vacancy in nomination is not filled pursuant to |
7 | | Section
7-61 or Section 10-11, all votes cast for the original |
8 | | candidate
shall be counted for such candidate.
|
9 | | (Source: P.A. 84-861.)
|
10 | | (10 ILCS 5/18A-5)
|
11 | | Sec. 18A-5. Provisional voting; general provisions.
|
12 | | (a) A person who claims to be a registered voter is |
13 | | entitled to cast a
provisional ballot under the following |
14 | | circumstances:
|
15 | | (1) The person's name does not appear on the official |
16 | | list of eligible
voters for the precinct in which
the |
17 | | person seeks to vote and the person has refused an |
18 | | opportunity to register at the polling location or another |
19 | | grace period registration site . The official list is the |
20 | | centralized statewide voter registration list established |
21 | | and maintained in accordance with Section 1A-25;
|
22 | | (2) The person's voting status has been challenged by |
23 | | an election judge, a
pollwatcher, or any legal voter and |
24 | | that challenge has been sustained by a
majority of the |
25 | | election judges;
|
|
| | SB0172 Enrolled | - 142 - | LRB098 04408 HLH 34436 b |
|
|
1 | | (3) A federal or State court order extends the time for |
2 | | closing the polls
beyond the time period established by |
3 | | State law and the person votes during the
extended time |
4 | | period;
|
5 | | (4) The voter registered to vote by mail and is |
6 | | required by law to
present identification when voting |
7 | | either in person or by early voting absentee ballot, but
|
8 | | fails to do so;
|
9 | | (5) The voter's name appears on the list of voters who |
10 | | voted during the early voting period, but the voter claims |
11 | | not to have voted during the early voting period; or |
12 | | (6) The voter received a vote by mail an absentee |
13 | | ballot but did not return the vote by mail absentee ballot |
14 | | to the election authority; or |
15 | | (7) The voter attempted to register to vote on election |
16 | | day, but failed to provide the necessary documentation |
17 | | registered to vote during the grace period on the day |
18 | | before election day or on election day during the 2014 |
19 | | general election . |
20 | | (b) The procedure for obtaining and casting a provisional |
21 | | ballot at the
polling place
shall be as follows:
|
22 | | (1) After first verifying through an examination of the |
23 | | precinct register that the person's address is within the |
24 | | precinct boundaries, an election judge at the polling place |
25 | | shall notify a person who is
entitled to cast a provisional |
26 | | ballot pursuant to subsection (a)
that he or she may cast a |
|
| | SB0172 Enrolled | - 143 - | LRB098 04408 HLH 34436 b |
|
|
1 | | provisional ballot in that election.
An election judge
must |
2 | | accept any information provided by a person who casts a |
3 | | provisional ballot
that the person believes supports his or |
4 | | her claim that he or she is a duly
registered voter and |
5 | | qualified to vote in the election. However, if the person's |
6 | | residence address is outside the precinct boundaries, the |
7 | | election judge shall inform the person of that fact, give |
8 | | the person the appropriate telephone number of the election |
9 | | authority in order to locate the polling place assigned to |
10 | | serve that address, and instruct the person to go to the |
11 | | proper polling place to vote.
|
12 | | (2) The person shall execute a written form provided by |
13 | | the
election judge that shall state or contain all of the |
14 | | following that is available:
|
15 | |
(i) an affidavit stating the following:
|
16 | | State of Illinois, County of ................, |
17 | | Township
.............,
Precinct ........, Ward |
18 | | ........, I, ......................., do solemnly
|
19 | | swear (or affirm) that: I am a citizen of the |
20 | | United States; I am 18 years of
age or older; I |
21 | | have resided in this State and in this precinct for |
22 | | 30 days
preceding this election; I have not voted |
23 | | in this election; I am a duly
registered voter in |
24 | | every respect; and I am eligible to vote in this |
25 | | election.
Signature ...... Printed Name of Voter |
26 | | ....... Printed Residence
Address of Voter ...... |
|
| | SB0172 Enrolled | - 144 - | LRB098 04408 HLH 34436 b |
|
|
1 | | City
...... State .... Zip Code ..... Telephone |
2 | | Number ...... Date of Birth .......
and Illinois |
3 | | Driver's License Number ....... or Last 4 digits of |
4 | | Social
Security
Number ...... or State |
5 | | Identification Card
Number issued to you by the |
6 | | Illinois Secretary of State........
|
7 | | (ii) A box for the election judge to check one of |
8 | | the 6 reasons why the
person was given a provisional |
9 | | ballot under subsection (a) of Section 18A-5.
|
10 | | (iii) An area for the election judge to affix his |
11 | | or her signature and to
set forth any facts that |
12 | | support or oppose the allegation that the person is
not |
13 | | qualified to vote in the precinct in which the person |
14 | | is seeking to vote.
|
15 | | The written affidavit form described in this |
16 | | subsection (b)(2) must be
printed on a multi-part form |
17 | | prescribed by the county clerk or board of
election |
18 | | commissioners, as the case may be.
|
19 | | (3) After the person executes the portion of the |
20 | | written affidavit described
in subsection (b)(2)(i) of |
21 | | this Section, the election judge shall complete the
portion |
22 | | of the written affidavit described in subsection |
23 | | (b)(2)(iii) and
(b)(2)(iv).
|
24 | | (4) The election judge shall give a copy of the |
25 | | completed written affidavit
to the person. The election |
26 | | judge shall place the original written affidavit in
a |
|
| | SB0172 Enrolled | - 145 - | LRB098 04408 HLH 34436 b |
|
|
1 | | self-adhesive clear plastic packing list envelope that |
2 | | must be attached to a
separate envelope marked as a |
3 | | "provisional ballot envelope". The election judge
shall |
4 | | also place any information provided by the person who casts |
5 | | a provisional
ballot in the clear plastic packing list |
6 | | envelope. Each county clerk or board
of election |
7 | | commissioners, as the case may be,
must design, obtain or |
8 | | procure self-adhesive clear plastic packing list
envelopes |
9 | | and provisional ballot envelopes that are suitable for |
10 | | implementing
this subsection (b)(4) of this Section.
|
11 | | (5) The election judge shall provide the person with a |
12 | | provisional ballot,
written instructions for casting a |
13 | | provisional ballot, and the provisional
ballot envelope |
14 | | with the clear plastic packing list envelope affixed to it,
|
15 | | which contains the person's original written affidavit |
16 | | and, if any, information
provided by the provisional voter |
17 | | to support his or her claim that he or she is
a duly |
18 | | registered voter. An election judge must also give the |
19 | | person written
information that states that any person who |
20 | | casts a provisional ballot shall be
able to ascertain, |
21 | | pursuant to guidelines established by the State Board of
|
22 | | Elections, whether the provisional vote was counted in the |
23 | | official canvass of
votes for that election and, if the |
24 | | provisional vote was not counted, the
reason that the vote |
25 | | was not counted.
|
26 | | (6) After the person has completed marking his or her |
|
| | SB0172 Enrolled | - 146 - | LRB098 04408 HLH 34436 b |
|
|
1 | | provisional ballot, he
or she shall place the marked ballot |
2 | | inside of the provisional ballot envelope,
close and seal |
3 | | the envelope, and return the envelope to an election judge, |
4 | | who
shall then deposit the sealed provisional ballot |
5 | | envelope into a securable
container separately identified |
6 | | and utilized for containing sealed provisional
ballot |
7 | | envelopes. Ballots that are provisional because they are |
8 | | cast after 7:00 p.m. by court
order shall be kept separate |
9 | | from other provisional ballots. Upon the closing of the |
10 | | polls, the securable container shall
be
sealed with |
11 | | filament tape provided for that purpose, which shall be |
12 | | wrapped
around the box lengthwise and crosswise, at least |
13 | | twice each way, and each of
the election judges shall sign |
14 | | the seal.
|
15 | | (c) Instead of the affidavit form described in subsection |
16 | | (b), the county
clerk or board of election commissioners, as |
17 | | the case may be, may design and
use a multi-part affidavit form |
18 | | that is imprinted upon or attached to the
provisional ballot |
19 | | envelope described in subsection (b). If a county clerk or
|
20 | | board of election commissioners elects to design and use its |
21 | | own multi-part
affidavit form, then the county clerk or board |
22 | | of election commissioners shall
establish a mechanism for |
23 | | accepting any information the provisional voter has
supplied to |
24 | | the election judge to support his or her claim that he or she |
25 | | is a
duly registered voter. In all other respects, a county |
26 | | clerk or board of
election commissioners shall establish |
|
| | SB0172 Enrolled | - 147 - | LRB098 04408 HLH 34436 b |
|
|
1 | | procedures consistent with subsection
(b).
|
2 | | (d) The county clerk or board of election commissioners, as |
3 | | the case may be,
shall use the completed affidavit form |
4 | | described in subsection (b) to update
the person's voter |
5 | | registration information in the State voter registration
|
6 | | database and voter registration database of the county clerk or |
7 | | board of
election commissioners, as the case may be. If a |
8 | | person is later determined not
to be a registered voter based |
9 | | on Section 18A-15 of this Code, then the
affidavit shall be |
10 | | processed by the county clerk or board of election
|
11 | | commissioners, as the case may be, as a voter registration |
12 | | application.
|
13 | | (Source: P.A. 97-766, eff. 7-6-12; 98-691, eff. 7-1-14.)
|
14 | | (10 ILCS 5/18A-15)
|
15 | | Sec. 18A-15. Validating and counting provisional ballots.
|
16 | | (a) The county clerk or board of election commissioners |
17 | | shall complete the
validation and counting of provisional |
18 | | ballots within 14 calendar days of
the day of the election. The |
19 | | county clerk or board of election commissioners
shall have 7 |
20 | | calendar days from the completion of the validation and
|
21 | | counting of provisional ballots to conduct its final canvass. |
22 | | The State Board
of Elections shall complete within 31 calendar |
23 | | days of the election or sooner
if all the returns are received, |
24 | | its final canvass of the vote for all public
offices.
|
25 | | (b) If a county clerk or board of election commissioners |
|
| | SB0172 Enrolled | - 148 - | LRB098 04408 HLH 34436 b |
|
|
1 | | determines that all
of the following apply, then a provisional |
2 | | ballot is valid and shall be counted
as a vote:
|
3 | | (1) the provisional voter cast the provisional ballot |
4 | | in the correct
precinct based on the address provided by |
5 | | the provisional voter unless the provisional voter cast a |
6 | | ballot pursuant to paragraph (7) of subsection (a) of |
7 | | Section 18A-5, in which case the provisional ballot must |
8 | | have been cast in the correct election jurisdiction based |
9 | | on the address provided . The provisional voter's affidavit |
10 | | shall serve as a change of address request by that voter |
11 | | for registration purposes for the next ensuing election if |
12 | | it bears an address different from that in the records of |
13 | | the election authority. Votes for federal and statewide |
14 | | offices on a provisional ballot cast in the incorrect |
15 | | precinct that meet the other requirements of this |
16 | | subsection shall be valid and counted in accordance with |
17 | | this Article rules adopted by the State Board of Elections . |
18 | | As used in this item, "federal office" is defined as |
19 | | provided in Section 20-1 and "statewide office" means the |
20 | | Governor, Attorney General, Secretary of State, |
21 | | Comptroller, and Treasurer. Votes for General Assembly, |
22 | | countywide, citywide, or township office on a provisional |
23 | | ballot cast in the incorrect precinct but in the correct |
24 | | legislative district, representative district, county, |
25 | | municipality, or township, as the case may be, shall be |
26 | | valid and counted in accordance with this Article rules |
|
| | SB0172 Enrolled | - 149 - | LRB098 04408 HLH 34436 b |
|
|
1 | | adopted by the State Board of Elections . As used in this |
2 | | item, "citywide office" means an office elected by the |
3 | | electors of an entire municipality. As used in this item, |
4 | | "township office" means an office elected by the electors |
5 | | of an entire township;
|
6 | | (2) the affidavit executed by the provisional voter |
7 | | pursuant to subsection
(b)(2) of Section 18A-5 contains, at |
8 | | a minimum, the provisional voter's first and last name, |
9 | | house number and street name, and signature or mark;
|
10 | | (3) except as permitted by item (5) of subsection (b) |
11 | | of this Section, the provisional voter is a registered |
12 | | voter based on information
available to the county clerk or |
13 | | board of election commissioners provided by or
obtained |
14 | | from any of the following:
|
15 | | i. the provisional voter;
|
16 | | ii. an election judge;
|
17 | | iii. the statewide voter registration database |
18 | | maintained by the State
Board of Elections;
|
19 | | iv. the records of the county clerk or board of |
20 | | election commissioners'
database; or
|
21 | | v. the records of the Secretary of State; and |
22 | | (4) for a provisional ballot cast under item (6) of |
23 | | subsection (a) of Section 18A-5, the voter did not vote by |
24 | | vote by mail absentee ballot in the election at which the |
25 | | provisional ballot was cast ; or .
|
26 | | (5) for a provisional ballot cast under item (7) of |
|
| | SB0172 Enrolled | - 150 - | LRB098 04408 HLH 34436 b |
|
|
1 | | subsection (a) of Section 18A-5, the voter provides the |
2 | | election authority with the necessary documentation within |
3 | | 7 days of election day. |
4 | | (c) With respect to subsection (b)(3) of this Section, the |
5 | | county clerk or
board of election commissioners shall |
6 | | investigate and record whether or not the specified information |
7 | | is available from each of the 5 identified sources. If the |
8 | | information is available from one or more of the identified |
9 | | sources, then the
county clerk or board of election |
10 | | commissioners shall seek to obtain the
information from each of |
11 | | those sources until satisfied, with information from at least |
12 | | one of those sources, that the provisional voter is registered |
13 | | and entitled to vote. The county clerk
or board of election |
14 | | commissioners shall use any information it obtains as the
basis |
15 | | for determining the voter registration status of the |
16 | | provisional voter.
If a conflict exists among the information |
17 | | available to the county clerk or
board of election |
18 | | commissioners as to the registration status of the
provisional |
19 | | voter, then the county clerk or board of election commissioners
|
20 | | shall make a
determination based on the totality of the |
21 | | circumstances. In a case where the
above information equally |
22 | | supports or opposes the registration status of the
voter, the |
23 | | county clerk or board of election commissioners shall decide in
|
24 | | favor of the provisional voter as being duly registered to |
25 | | vote. If the
statewide voter registration database maintained |
26 | | by the State Board of
Elections indicates that the provisional |
|
| | SB0172 Enrolled | - 151 - | LRB098 04408 HLH 34436 b |
|
|
1 | | voter is registered to vote, but the
county clerk's or board of |
2 | | election commissioners' voter registration database
indicates |
3 | | that the provisional voter is not registered to vote, then the
|
4 | | information found in the statewide voter registration database |
5 | | shall control
the matter and the provisional voter shall be |
6 | | deemed to be registered to vote.
If the records of the county |
7 | | clerk or board of election commissioners indicates
that the |
8 | | provisional
voter is registered to vote, but the statewide |
9 | | voter registration database
maintained by the State Board of |
10 | | Elections indicates that the provisional voter
is not |
11 | | registered to vote, then the information found in the records |
12 | | of the
county clerk or board of election commissioners shall |
13 | | control the matter and
the provisional voter shall be deemed to |
14 | | be registered to vote. If the
provisional voter's signature on |
15 | | his or her provisional ballot request varies
from the signature |
16 | | on
an otherwise valid registration application solely because |
17 | | of the substitution
of initials for the first or middle name, |
18 | | the election authority may not reject
the provisional ballot.
|
19 | | (d) In validating the registration status of a person |
20 | | casting a provisional
ballot, the county clerk or board of |
21 | | election commissioners shall not require a
provisional voter to |
22 | | complete any form other than the affidavit executed by the
|
23 | | provisional voter under subsection (b)(2) of Section 18A-5. In |
24 | | addition,
the
county clerk or board of election commissioners |
25 | | shall not require all
provisional voters or
any particular |
26 | | class or group of provisional voters to appear personally |
|
| | SB0172 Enrolled | - 152 - | LRB098 04408 HLH 34436 b |
|
|
1 | | before
the county clerk or board of election commissioners or |
2 | | as a matter of policy
require provisional voters to submit |
3 | | additional information to verify or
otherwise support the |
4 | | information already submitted by the provisional voter.
Within |
5 | | 2 calendar days after the election, the election authority |
6 | | shall transmit by electronic means pursuant to a process |
7 | | established by the State Board of Elections the name, street |
8 | | address, e-mail address, and precinct, ward, township, and |
9 | | district numbers, as the case may be, of each person casting a |
10 | | provisional ballot to the State Board of Elections, which shall |
11 | | maintain those names and that information in an electronic |
12 | | format on its website, arranged by county and accessible to |
13 | | State and local political committees. The provisional voter |
14 | | may, within 7 calendar days after the election, submit
|
15 | | additional information to the county clerk or board of election |
16 | | commissioners.
This information must be received by the county |
17 | | clerk or board of election
commissioners within the |
18 | | 7-calendar-day period.
|
19 | | (e) If the county clerk or board of election commissioners |
20 | | determines that
subsection (b)(1), (b)(2), or (b)(3) does not |
21 | | apply, then the provisional
ballot is not valid
and may not be |
22 | | counted. The provisional ballot envelope containing the ballot
|
23 | | cast by the provisional voter may not be opened. The county |
24 | | clerk or board of
election commissioners shall write on the |
25 | | provisional ballot envelope the
following: "Provisional ballot |
26 | | determined invalid.".
|
|
| | SB0172 Enrolled | - 153 - | LRB098 04408 HLH 34436 b |
|
|
1 | | (f) If the county clerk or board of election commissioners |
2 | | determines that a
provisional ballot is valid under this |
3 | | Section, then the provisional ballot
envelope shall be opened. |
4 | | The outside of each provisional ballot
envelope shall
also be
|
5 | | marked to identify the precinct and the date of the election.
|
6 | | (g) Provisional ballots determined to be valid shall be |
7 | | counted at the election authority's central ballot counting |
8 | | location and shall not be counted in precincts. The provisional |
9 | | ballots determined to be valid shall be added to the
vote
|
10 | | totals for the precincts from which they were cast in the order |
11 | | in which the
ballots were opened.
The validation and counting |
12 | | of provisional ballots shall be subject to the
provisions of |
13 | | this Code that apply to pollwatchers.
If the provisional |
14 | | ballots are a ballot of a punch card
voting system, then the |
15 | | provisional ballot shall be counted in a manner
consistent with |
16 | | Article 24A. If the provisional ballots
are a ballot of optical |
17 | | scan or other type of approved electronic voting
system, then |
18 | | the provisional ballots shall be counted in a manner consistent
|
19 | | with Article 24B.
|
20 | | (h) As soon as the ballots have been counted, the election |
21 | | judges or
election officials shall, in
the presence of the |
22 | | county clerk or board of election commissioners, place each
of |
23 | | the following items in a separate envelope or bag: (1) all |
24 | | provisional
ballots, voted or spoiled; (2)
all provisional |
25 | | ballot envelopes of provisional ballots voted or spoiled; and
|
26 | | (3) all executed affidavits
of the provisional ballots voted or |
|
| | SB0172 Enrolled | - 154 - | LRB098 04408 HLH 34436 b |
|
|
1 | | spoiled.
All provisional ballot envelopes for provisional |
2 | | voters who have been
determined
not to be registered to vote |
3 | | shall remain sealed. The county clerk or board of
election |
4 | | commissioners shall treat the provisional ballot envelope |
5 | | containing
the written affidavit as a voter registration |
6 | | application for that person for
the next election and process |
7 | | that application.
The election judges or election officials |
8 | | shall then
securely
seal each envelope or bag, initial the |
9 | | envelope or bag, and plainly mark on the
outside of the |
10 | | envelope or bag in ink the precinct in which the provisional
|
11 | | ballots were cast. The election judges or election officials |
12 | | shall then place
each sealed envelope or
bag into a box, secure |
13 | | and seal it in the same manner as described in
item (6) of |
14 | | subsection (b) of Section 18A-5. Each election judge or |
15 | | election
official shall take and subscribe an oath
before the |
16 | | county clerk or
board of election commissioners that the |
17 | | election judge or election official
securely kept the
ballots |
18 | | and papers in the box, did not permit any person to open the |
19 | | box or
otherwise touch or tamper with the ballots and papers in |
20 | | the box, and has no
knowledge of any other person opening the |
21 | | box.
For purposes of this Section, the term "election official" |
22 | | means the county
clerk, a member of the board of election |
23 | | commissioners, as the case may be, and
their respective |
24 | | employees.
|
25 | | (Source: P.A. 97-766, eff. 7-6-12; 98-115, eff. 7-29-13; |
26 | | 98-691, eff. 7-1-14.)
|
|
| | SB0172 Enrolled | - 155 - | LRB098 04408 HLH 34436 b |
|
|
1 | | (10 ILCS 5/18A-218 new) |
2 | | Sec. 18A-218. Interpretation of Article 18A. The Sections |
3 | | of this Article following this Section shall be supplemental to |
4 | | all other provisions of this Article and are intended to |
5 | | provide procedural requirements for the implementation of the |
6 | | provisions of this Article. In the case of a conflict between |
7 | | the Sections following this Section and the Sections preceding |
8 | | this Section, the Sections preceding this Section shall |
9 | | prevail. |
10 | | (10 ILCS 5/18A-218.10 new) |
11 | | Sec. 18A-218.10. Definitions relating to provisional |
12 | | ballots. |
13 | | (a) As used in this Article: |
14 | | "Citywide or villagewide office" means an office |
15 | | elected by the electors of an entire municipality. |
16 | | "Correct precinct" means the precinct containing the |
17 | | addresses at which the provisional voter resides and at |
18 | | which he or she is registered to vote. |
19 | | "Countywide office" means the offices of Clerk, |
20 | | Sheriff, State's Attorney, Circuit Court Clerk, Recorder, |
21 | | Auditor, County Board President, County Board Member or |
22 | | County Commissioner in those counties that elect those |
23 | | officers countywide, Coroner, Regional Superintendent of |
24 | | Schools, Sanitary District Commissioners or Trustees, |
|
| | SB0172 Enrolled | - 156 - | LRB098 04408 HLH 34436 b |
|
|
1 | | Assessor, Board of Review Members in those counties that |
2 | | elect those officers countywide, and Treasurer. |
3 | | "Election authority" means either the County Clerk, |
4 | | County Board of Election Commissioners, or Municipal Board |
5 | | of Election Commissioners, as the case may be. |
6 | | "Election jurisdiction" means an entire county, in the |
7 | | case of a county in which no city board of election |
8 | | commissioners is located or that is under the jurisdiction |
9 | | of a county board of election commissioners; the |
10 | | territorial jurisdiction of a city board of election |
11 | | commissioners; and the territory in a county outside of the |
12 | | jurisdiction of a city board of election commissioners. |
13 | | Election jurisdictions shall be determined according to |
14 | | which election authority maintains the permanent |
15 | | registration records of qualified electors. |
16 | | "Incorrect precinct" means the precinct in which the |
17 | | voter cast a provisional ballot, but is not the precinct |
18 | | containing the address at which he or she is registered to |
19 | | vote. In order for a provisional ballot to be eligible for |
20 | | counting when cast in an incorrect precinct, that precinct |
21 | | must be located within either the county or municipality in |
22 | | which the voter is registered. |
23 | | "Leading established political party" means one of the |
24 | | two political parties whose candidates for Governor at the |
25 | | most recent 3 gubernatorial elections received either the |
26 | | highest or second highest average number of votes. The |
|
| | SB0172 Enrolled | - 157 - | LRB098 04408 HLH 34436 b |
|
|
1 | | first leading political party is the party whose candidate |
2 | | for Governor received the highest average number of votes |
3 | | in the 3 most recent gubernatorial elections and the second |
4 | | leading political party is the party whose candidate for |
5 | | Governor received the second highest average number of |
6 | | votes in the 3 most recent gubernatorial elections. |
7 | | "Legislative district" means the district in which an |
8 | | Illinois State Senator is elected to serve the residents. |
9 | | "Persons entitled to vote provisionally" or |
10 | | "provisional voter" means a person claiming to be a |
11 | | registered voter who is entitled by Section 18A-5 of this |
12 | | Code to vote a provisional ballot under the following |
13 | | circumstances: |
14 | | (1) The person's name does not appear on the |
15 | | official list of eligible voters for the precinct in |
16 | | which the person seeks to vote and the person has |
17 | | refused an opportunity to register at the polling |
18 | | location or another grace period registration site. |
19 | | (2) The person's voting status has been |
20 | | successfully challenged by an election judge, a |
21 | | pollwatcher or any legal voter. |
22 | | (3) A federal or State court order extends the time |
23 | | for closing the polls beyond the time period |
24 | | established by State law and the person votes during |
25 | | the extended time period. |
26 | | (4) The voter registered to vote by mail and is |
|
| | SB0172 Enrolled | - 158 - | LRB098 04408 HLH 34436 b |
|
|
1 | | required by law to present identification when voting |
2 | | either in person or by vote by mail ballot, but fails |
3 | | to do so. |
4 | | (5) The voter's name appears on the list of voters |
5 | | who voted during the early voting period, but the voter |
6 | | claims not to have voted during the early voting |
7 | | period. |
8 | | (6) The voter received a vote by mail ballot but |
9 | | did not return the vote by mail ballot to the election |
10 | | authority, and failed to surrender it to the election |
11 | | judges. |
12 | | (7) The voter attempted to register to vote on |
13 | | election day, but failed to provide the necessary |
14 | | documentation. |
15 | | "Representative district" means the district from |
16 | | which an Illinois State Representative is elected to serve |
17 | | the residents. |
18 | | "Statewide office" means the Constitutional offices of |
19 | | Governor and Lt. Governor running jointly, Secretary of |
20 | | State, Attorney General, Comptroller, and Treasurer. |
21 | | "Township office" means an office elected by the |
22 | | electors of an entire township. |
23 | | (b) Procedures for Voting Provisionally in the Polling |
24 | | Place. |
25 | | (1) If any of the 7 reasons cited in the definition of |
26 | | provisional voter in subsection (a) for casting a |
|
| | SB0172 Enrolled | - 159 - | LRB098 04408 HLH 34436 b |
|
|
1 | | provisional ballot exists, an election judge must accept |
2 | | any information provided by a person who casts a |
3 | | provisional ballot that the person believes supports his or |
4 | | her claim that he or she is a duly registered voter and |
5 | | qualified to vote in the election. However, if the person's |
6 | | residence address is outside the precinct boundaries, the |
7 | | election judge shall inform the person of that fact, give |
8 | | the person the appropriate telephone number of the election |
9 | | authority in order to locate the polling place assigned to |
10 | | serve that address (or consult any alternative tools |
11 | | provided by the election authority for determining a |
12 | | voter's correct precinct polling place) and instruct the |
13 | | person to go to the proper polling place to vote. |
14 | | (2) Once it has been determined by the election judges |
15 | | that the person is entitled to receive a provisional |
16 | | ballot, and the voter has completed the provisional voter |
17 | | affidavit, the voter shall be given a provisional ballot |
18 | | and shall proceed to vote that ballot. Upon receipt of the |
19 | | ballot by the election judges, the ballot shall be |
20 | | transmitted to the election authority in accordance with |
21 | | subsection (a) of Section 18A-10 of this Code. |
22 | | (3) In the event that a provisional ballot is |
23 | | mistakenly cast in a precinct other than the precinct that |
24 | | contains the voter's address of registration (if the voter |
25 | | believed he or she registered in the precinct in which he |
26 | | or she voted provisionally, and the election judges should |
|
| | SB0172 Enrolled | - 160 - | LRB098 04408 HLH 34436 b |
|
|
1 | | have, but did not direct the voter to vote in the correct |
2 | | precinct), Section 218.20 shall apply. |
3 | | (10 ILCS 5/18A-218.20 new) |
4 | | Sec. 18A-218.20. Counting procedures for provisional |
5 | | ballots cast in an incorrect precinct within the same election |
6 | | authority's jurisdiction. |
7 | | (a) The election authority shall: |
8 | | (1) transmit to the State Board of Elections the |
9 | | provisional voter's identifying information and voting |
10 | | jurisdiction within 2 calendar days. Following that, and |
11 | | subject to paragraph (2) below, if the election authority |
12 | | having jurisdiction over the provisional voter determines |
13 | | that the voter has cast a provisional ballot in an |
14 | | incorrect precinct, the ballot shall still be counted using |
15 | | the procedures established in subsection (b) of this |
16 | | Section or Section 18A-218.30 if applicable. Jurisdictions |
17 | | that use election machines authorized pursuant to Article |
18 | | 24C of this Code for casting provisional ballots may vary |
19 | | procedures of this Section and Section 18A-218.30 as |
20 | | appropriate for the counting of provisional ballots cast on |
21 | | those machines. |
22 | | (2) determine whether the voter was entitled to cast a |
23 | | provisional ballot. The voter is entitled to cast a |
24 | | provisional ballot if: |
25 | | (A) the affidavit executed by the voter contains, |
|
| | SB0172 Enrolled | - 161 - | LRB098 04408 HLH 34436 b |
|
|
1 | | at a minimum, the provisional voter's first and last |
2 | | name, house number and street name, and signature or |
3 | | mark; |
4 | | (B) the provisional voter is a registered voter |
5 | | based on information available to the county clerk or |
6 | | board of election commissioners provided by or |
7 | | obtained from the provisional voter, an election |
8 | | judge, the Statewide voter registration database |
9 | | maintained by the State Board of Elections, the records |
10 | | of the county clerk or board of election commissioners' |
11 | | database, or the records of the Secretary of State or |
12 | | the voter is attempting to register but lacks the |
13 | | necessary documentation; and |
14 | | (C) the provisional voter did not vote using the |
15 | | vote by mail ballot and did not vote during the period |
16 | | for early voting. |
17 | | (b) Once it has been determined by the election authority |
18 | | that the voter was entitled to vote a provisional ballot, even |
19 | | though it had been cast in an incorrect precinct, the election |
20 | | authority shall select a team or teams of 2 duly commissioned |
21 | | election judges, one from each of the two leading established |
22 | | political parties in Illinois, to count the votes that are |
23 | | eligible to be cast on the provisional ballot. In those |
24 | | jurisdictions that use election officials as defined in |
25 | | subsection (h) of Section 18A-15 of this Code, these duties may |
26 | | be performed by those election officials. |
|
| | SB0172 Enrolled | - 162 - | LRB098 04408 HLH 34436 b |
|
|
1 | | (1) Votes cast for Statewide offices, the Office of |
2 | | President of the United States (including votes cast in the |
3 | | Presidential Preference Primary), and United States Senate |
4 | | shall be counted on all provisional ballots cast in the |
5 | | incorrect precinct. |
6 | | (2) Votes cast for Representative in Congress, |
7 | | delegate or alternate delegate to a national nominating |
8 | | convention, State Senator, State Representative, or |
9 | | countywide, citywide, villagewide, or township office |
10 | | shall be counted if it is determined by the election judges |
11 | | or officials that the voter would have been entitled to |
12 | | vote for one or more of these offices had the voter voted |
13 | | in the precinct in which he or she is registered to vote |
14 | | (the correct precinct) and had the voter voted a ballot of |
15 | | the correct ballot style containing all the offices and |
16 | | candidates for which the voter was entitled to cast a |
17 | | ballot (the correct ballot style). This determination |
18 | | shall be made by comparing a sample ballot of the correct |
19 | | ballot style with the actual provisional ballot cast by the |
20 | | voter. If the same office (including the same district |
21 | | number for a Congressional, Legislative or Representative |
22 | | district) appears on both the correct ballot style sample |
23 | | ballot and the provisional ballot cast by the voter, votes |
24 | | for that office shall be counted. All votes cast for any |
25 | | remaining offices (offices for which the voter would not |
26 | | have been entitled to vote had he or she voted in the |
|
| | SB0172 Enrolled | - 163 - | LRB098 04408 HLH 34436 b |
|
|
1 | | correct precinct) shall not be counted. |
2 | | (3) No votes shall be counted for an office when the |
3 | | voter voted for more candidates than he or she was allowed. |
4 | | (4) Once it has been determined which offices are to be |
5 | | counted and the provisional ballot contains no other votes, |
6 | | the provisional ballot shall be counted pursuant to the |
7 | | procedures set forth in this subsection (b). |
8 | | (5) If a provisional ballot does not contain any valid |
9 | | votes, the provisional ballot shall be marked invalid and |
10 | | shall not be counted. |
11 | | (6) Any provisional voting verification system |
12 | | established by an election authority shall inform the |
13 | | provisional voter that his or her provisional ballot was |
14 | | partially counted because it was cast in an incorrect |
15 | | precinct. |
16 | | (7) If a provisional ballot only contains votes cast |
17 | | for eligible offices, and does not contain any votes cast |
18 | | for ineligible offices, the ballot may be tabulated without |
19 | | having to be remade. |
20 | | (8) If a provisional ballot contains both valid votes |
21 | | that must be counted and invalid votes that cannot be |
22 | | counted: |
23 | | (A) the election judges, consisting in each case of |
24 | | at least one of each of the 2 leading political |
25 | | parties, shall, if the provisional ballot was cast on a |
26 | | paper ballot sheet, proceed to remake the voted ballot |
|
| | SB0172 Enrolled | - 164 - | LRB098 04408 HLH 34436 b |
|
|
1 | | onto a blank ballot that includes all of the offices |
2 | | for which valid votes were cast, transferring only |
3 | | valid votes. The original provisional ballot shall be |
4 | | marked "Original Provisional Ballot" with a serial |
5 | | number commencing at "1" and continuing consecutively |
6 | | for ballots of that kind in the precinct. The duplicate |
7 | | provisional ballot shall be marked "Duplicate |
8 | | Provisional Ballot" and be given the same serial number |
9 | | as the original ballot from which it was duplicated. |
10 | | The duplicate provisional ballot shall then be treated |
11 | | in the same manner as other provisional ballots. |
12 | | (B) if the provisional ballot was cast on a direct |
13 | | recording electronic voting device, the election |
14 | | judges shall mark the original provisional ballot as a |
15 | | partially counted defective electronic provisional |
16 | | ballot because it was cast in the incorrect precinct |
17 | | (or bear some similar notation) and proceed to either: |
18 | | (i) remake the voted ballot by transferring |
19 | | all valid votes to a duplicate paper ballot sheet |
20 | | of the correct ballot style, marking the duplicate |
21 | | ballot "Duplicate Electronic Provisional Ballot" |
22 | | and then counting the duplicate provisional ballot |
23 | | in the same manner as the other provisional ballots |
24 | | marked on paper ballot sheets; or |
25 | | (ii) transfer, or cause to be transferred, all |
26 | | valid votes electronically to the correct |
|
| | SB0172 Enrolled | - 165 - | LRB098 04408 HLH 34436 b |
|
|
1 | | precinct, which shall be counted and added to the |
2 | | vote totals for the correct precinct, excluding |
3 | | any votes that cannot be counted. If this method is |
4 | | used, a permanent paper record must be generated |
5 | | for both the defective provisional ballot and the |
6 | | duplicate electronic provisional ballot. |
7 | | (c) For provisional ballots cast at a partisan primary |
8 | | election, the judges shall use a duplicate ballot of the |
9 | | correct ballot style for the same political party as the ballot |
10 | | chosen by the voter. |
11 | | (d) At least one qualified pollwatcher for each candidate, |
12 | | political party, and civic organization, as authorized by |
13 | | Section 17-23 of this Code, shall be permitted to observe the |
14 | | ballot remaking process. |
15 | | (10 ILCS 5/18A-218.30 new) |
16 | | Sec. 18A-218.30. Counting procedures for provisional |
17 | | ballots cast in an incorrect precinct within a different |
18 | | election authority's jurisdiction. |
19 | | (a) The election authority having possession of the |
20 | | provisional ballot shall first notify the election authority |
21 | | having jurisdiction over the provisional voter that the voter |
22 | | cast a provisional ballot in its jurisdiction and provide |
23 | | whatever information is needed for the election authority to |
24 | | comply with the notification requirements set forth in |
25 | | subsection (d) of Section 18A-15 of this Code. For purpose of |
|
| | SB0172 Enrolled | - 166 - | LRB098 04408 HLH 34436 b |
|
|
1 | | determining which election authority has jurisdiction over the |
2 | | provisional voter, the election authority having possession of |
3 | | the provisional ballot shall use the address listed on the |
4 | | provisional ballot affidavit that was provided by the voter. If |
5 | | that address is different from the address at which the voter |
6 | | is registered, the ballot shall be rejected; however, the |
7 | | affidavit shall serve as a request to register at that address. |
8 | | If a voter cast a provisional ballot in an incorrect precinct |
9 | | located in the jurisdiction of an election authority other than |
10 | | the election authority having jurisdiction over the voter's |
11 | | correct precinct, but where the precinct is located within the |
12 | | same county as the 2 election authorities (e.g., a voter is |
13 | | registered in the City of Chicago, but casts a provisional |
14 | | ballot in suburban Cook County), the election authority in |
15 | | whose territory the provisional ballot was cast shall, after |
16 | | receipt of the provisional ballot, transmit it, along with the |
17 | | provisional voter's affidavit and any other documentation |
18 | | provided to the election judges, to the office of the election |
19 | | authority having jurisdiction over the voter's correct |
20 | | precinct. The ballot shall be sealed in a secure envelope or |
21 | | other suitable container and transmitted within 8 business days |
22 | | after the election at which it was cast. If the locations of |
23 | | the election authorities' offices are such that it is feasible |
24 | | to hand deliver the ballot, the ballot shall be sealed in a |
25 | | secure envelope and transmitted in that manner by 2 election |
26 | | judges (or election officials), one from each of the 2 leading |
|
| | SB0172 Enrolled | - 167 - | LRB098 04408 HLH 34436 b |
|
|
1 | | political parties. If the locations of the 2 election |
2 | | authorities are such that it is not feasible to hand deliver |
3 | | the ballot, the election authority having jurisdiction over the |
4 | | incorrect precinct shall cause the ballot to be sealed in a |
5 | | secure envelope and transmitted via express mail within 8 |
6 | | business days after the election at which the ballot was cast, |
7 | | with a delivery date no later than the second business day |
8 | | following the mailing date. Upon receipt of the ballot by the |
9 | | election authority having jurisdiction over the correct |
10 | | precinct, the election authority shall proceed to remake, and |
11 | | count the votes on, the provisional ballot in accordance with |
12 | | the procedures described in Section 18A-218.20, including the |
13 | | determination of eligibility to cast a provisional ballot. Any |
14 | | information provided to the election authority within the 7 day |
15 | | period provided for in Section 18A-15 of this Code shall be |
16 | | sealed in a secure envelope and transmitted to the office of |
17 | | the election authority having jurisdiction over the voter's |
18 | | correct precinct, along with the provisional ballot of that |
19 | | voter. |
20 | | (b) Incorrect precinct is located in a different county |
21 | | from the county where the voter is registered, but is located |
22 | | in the same municipality or legislative district as the one in |
23 | | which the voter is registered: |
24 | | (1) The election authority having possession of the |
25 | | provisional ballot shall first notify the election |
26 | | authority having jurisdiction over the provisional voter |
|
| | SB0172 Enrolled | - 168 - | LRB098 04408 HLH 34436 b |
|
|
1 | | that the voter cast a provisional ballot in its |
2 | | jurisdiction and provide whatever information is needed |
3 | | for the election authority to comply with the notification |
4 | | requirements set forth in subsection (d) of Section 18A-15 |
5 | | of this Code. For purposes of determining which election |
6 | | authority has jurisdiction over the provisional voter, the |
7 | | election authority having possession of the provisional |
8 | | ballot shall use the address listed on the provisional |
9 | | ballot affidavit that was provided by the voter. If that |
10 | | address is different from the address at which the voter is |
11 | | registered, the ballot shall be rejected; however, the |
12 | | affidavit shall serve as a request to register at that |
13 | | address. The election authority shall then cause the |
14 | | ballot, along with the provisional voter's affidavit and |
15 | | any other documentation provided to the election judges, to |
16 | | be transmitted via express mail within 8 business days |
17 | | after the election at which the ballot was cast, with a |
18 | | delivery date no later than the second business day |
19 | | following the mailing date. Upon receipt of the ballot by |
20 | | the election authority having jurisdiction over the |
21 | | correct precinct, that election authority shall proceed to |
22 | | remake and count the votes on the provisional ballot in |
23 | | accordance with the procedures described in Section |
24 | | 18A-218.20, including the determination of eligibility to |
25 | | cast a provisional ballot. Any information provided to the |
26 | | election authority within the 7 day period provided for in |
|
| | SB0172 Enrolled | - 169 - | LRB098 04408 HLH 34436 b |
|
|
1 | | Section 18A-15 of this Code shall be transmitted to the |
2 | | office of the election authority having jurisdiction over |
3 | | the voter's correct precinct, along with the provisional |
4 | | ballot of that voter. |
5 | | (2) If a voter casts a provisional ballot in a precinct |
6 | | outside of the county in which he or she is registered and |
7 | | outside of the municipality, representative district, or |
8 | | legislative district in which he or she is registered (if |
9 | | applicable), the ballot shall not be counted. It shall, |
10 | | however, be transmitted via the U.S. Postal Service to the |
11 | | election authority having jurisdiction over the voter's |
12 | | correct precinct within 14 days after the election and |
13 | | shall be kept for 2 months, the same length of time as is |
14 | | required for other voted ballots. |
15 | | For purposes of determining which election authority has |
16 | | jurisdiction over the provisional voter, the election |
17 | | authority having possession of the provisional ballot shall use |
18 | | the address listed on the provisional ballot affidavit that was |
19 | | provided by the voter. If such address is different from the |
20 | | address at which the voter is registered, the ballot shall be |
21 | | rejected, however the affidavit shall serve as a request to |
22 | | register at such address. |
23 | | (10 ILCS 5/18A-218.40 new) |
24 | | Sec. 18A-218.40. Follow-up procedures for provisional |
25 | | ballots. The original provisional ballot cast by the voter |
|
| | SB0172 Enrolled | - 170 - | LRB098 04408 HLH 34436 b |
|
|
1 | | shall be stored separately from other ballots voted in the |
2 | | election and shall be preserved in the same manner as original |
3 | | ballots that had to be remade for other reasons, such as a |
4 | | damaged ballot or as a result of a voter over-voting an office. |
5 | | (10 ILCS 5/Art. 19 heading) |
6 | | ARTICLE 19. VOTING BY MAIL ABSENT ELECTORS
|
7 | | (10 ILCS 5/19-2) (from Ch. 46, par. 19-2) |
8 | | Sec. 19-2. Any elector as defined in Section 19-1 may by |
9 | | mail or electronically on the website of the appropriate |
10 | | election authority, not more than 90 nor less than 5 days prior |
11 | | to the
date of such election, or by personal delivery not more |
12 | | than 90 nor less
than one day prior to the date of such |
13 | | election, make application to the
county clerk or to the Board |
14 | | of Election Commissioners for an official
ballot for the |
15 | | voter's precinct to be voted at such election. The URL address |
16 | | at which voters may electronically request a vote by mail an |
17 | | absentee ballot shall be fixed no later than 90 calendar days |
18 | | before an election and shall not be changed until after the |
19 | | election.
Such a ballot shall be delivered to the elector only |
20 | | upon separate application by the elector for each election.
|
21 | | (Source: P.A. 97-81, eff. 7-5-11; 98-115, eff. 7-29-13; 98-691, |
22 | | eff. 7-1-14.)
|
23 | | (10 ILCS 5/19-3) (from Ch. 46, par. 19-3) |
|
| | SB0172 Enrolled | - 171 - | LRB098 04408 HLH 34436 b |
|
|
1 | | Sec. 19-3. The
application for vote by mail absentee ballot |
2 | | shall be substantially in the
following form: |
3 | | APPLICATION FOR VOTE BY MAIL ABSENTEE BALLOT |
4 | | To be voted at the .... election in the County of .... and |
5 | | State of
Illinois, in the .... precinct of the (1) *township of |
6 | | .... (2) *City of
.... or (3) *.... ward in the City of .... |
7 | | I state that I am a resident of the .... precinct of the |
8 | | (1)
*township of .... (2) *City of .... or (3) *.... ward in |
9 | | the city of
.... residing at .... in such city or town in the |
10 | | county of .... and
State of Illinois; that I have lived at such |
11 | | address for .... month(s)
last past; that I am lawfully |
12 | | entitled to vote in such precinct at the
.... election to be |
13 | | held therein on ....; and that I wish to vote by vote by mail |
14 | | absentee ballot. |
15 | | I hereby make application for an official ballot or ballots |
16 | | to be
voted by me at such election, and I agree that I shall |
17 | | return such ballot or ballots to the
official issuing the same |
18 | | prior to the closing of the polls on the date
of the election |
19 | | or, if returned by mail, postmarked no later than midnight |
20 | | preceding election day, for counting no later than during the |
21 | | period for counting provisional ballots, the last day of which |
22 | | is the 14th day following election day. |
23 | | I understand that this application is made for an official |
24 | | vote by mail absentee ballot or ballots to be voted by me at |
25 | | the election specified in this application and that I must |
26 | | submit a separate application for an official vote by mail |
|
| | SB0172 Enrolled | - 172 - | LRB098 04408 HLH 34436 b |
|
|
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 | | If application is made electronically, the applicant shall |
15 | | mark the box associated with the above described statement |
16 | | included as part of the online application certifying that the |
17 | | statements set forth in this application are true and correct, |
18 | | and a signature is not required. |
19 | | Any person may produce, reproduce, distribute, or return to |
20 | | an election authority the application for vote by mail absentee |
21 | | ballot. Upon receipt, the appropriate election authority shall |
22 | | accept and promptly process any application for vote by mail |
23 | | absentee ballot submitted in a form substantially similar to |
24 | | that required by this Section, including any substantially |
25 | | similar production or reproduction generated by the applicant. |
26 | | (Source: P.A. 97-766, eff. 7-6-12; 98-115, eff. 7-29-13.)
|
|
| | SB0172 Enrolled | - 173 - | LRB098 04408 HLH 34436 b |
|
|
1 | | (10 ILCS 5/19-4)
(from Ch. 46, par. 19-4)
|
2 | | Sec. 19-4. Mailing or delivery of ballots; time. |
3 | | Immediately upon
the receipt of such application either by mail |
4 | | or electronic means, not more than 90 40 days
nor less than 5 |
5 | | days prior to such election, or by personal delivery not
more |
6 | | than 90 40 days nor less than one day prior to such election, |
7 | | at the
office of such election authority, it shall be the duty |
8 | | of such election
authority to examine the records to ascertain |
9 | | whether or not such
applicant is lawfully entitled to vote as
|
10 | | requested, including a verification of the applicant's |
11 | | signature by comparison with the signature on the official |
12 | | registration record card, and if found so to be entitled to |
13 | | vote, to post within one business day thereafter
the name, |
14 | | street address,
ward and precinct number or township and |
15 | | district number, as the case may be,
of such applicant given on |
16 | | a list, the pages of which are to be numbered
consecutively to |
17 | | be kept by such election authority for such purpose in a
|
18 | | conspicuous, open and public place accessible to the public at |
19 | | the entrance of
the office of such election authority, and in |
20 | | such a manner that such list may
be viewed without necessity of |
21 | | requesting permission therefor. Within one
day after posting |
22 | | the name and other information of an applicant for a vote by |
23 | | mail
an absentee ballot, the election authority shall transmit |
24 | | by electronic means pursuant to a process established by the |
25 | | State Board of Elections that name and other
posted information |
|
| | SB0172 Enrolled | - 174 - | LRB098 04408 HLH 34436 b |
|
|
1 | | to the State Board of Elections, which shall maintain those
|
2 | | names and other information in an electronic format on its |
3 | | website, arranged by
county and accessible to State and local |
4 | | political committees. Within 2
business days after posting a |
5 | | name and other information on the list within
its
office, but |
6 | | no sooner than 40 days before an election, the election |
7 | | authority shall mail,
postage prepaid, or deliver in person in |
8 | | such office an official ballot
or ballots if more than one are |
9 | | to be voted at said election. Mail delivery
of Temporarily |
10 | | Absent Student ballot applications pursuant to Section
19-12.3 |
11 | | shall be by nonforwardable mail. However,
for the consolidated |
12 | | election, vote by mail absentee ballots for certain precincts |
13 | | may
be delivered to applicants not less than 25 days before the |
14 | | election if
so much time is required to have prepared and |
15 | | printed the ballots containing
the names of persons nominated |
16 | | for offices at the consolidated primary.
The election authority |
17 | | shall enclose with each vote by mail absentee ballot or
|
18 | | application written instructions on how voting assistance |
19 | | shall be provided
pursuant to Section 17-14 and a document, |
20 | | written and approved by the State
Board of Elections, informing |
21 | | the vote by mail voter of the required postage for returning |
22 | | the application and ballot, and
enumerating
the circumstances |
23 | | under which a person is authorized to vote by vote by mail |
24 | | absentee
ballot pursuant to this Article; such document shall |
25 | | also include a
statement informing the applicant that if he or |
26 | | she falsifies or is
solicited by another to falsify his or her
|
|
| | SB0172 Enrolled | - 175 - | LRB098 04408 HLH 34436 b |
|
|
1 | | eligibility to cast a vote by mail an absentee ballot, such |
2 | | applicant or other is subject
to
penalties pursuant to Section |
3 | | 29-10 and Section 29-20 of the Election Code.
Each election |
4 | | authority shall maintain a list of the name, street address,
|
5 | | ward and
precinct, or township and district number, as the case |
6 | | may be, of all
applicants who have returned vote by mail |
7 | | absentee ballots to such authority, and the name of such vote |
8 | | by mail absent voter shall be added to such list
within one |
9 | | business day from receipt of such ballot.
If the vote by mail |
10 | | absentee ballot envelope indicates that the voter was assisted |
11 | | in
casting the ballot, the name of the person so assisting |
12 | | shall be included on
the list. The list, the pages of which are |
13 | | to be numbered consecutively,
shall be kept by each election |
14 | | authority in a conspicuous, open, and public
place accessible |
15 | | to the public at the entrance of the office of the election
|
16 | | authority and in a manner that the list may be viewed without |
17 | | necessity of
requesting permission for viewing.
|
18 | | Each election authority shall maintain a list for each |
19 | | election
of the
voters to whom it has issued vote by mail |
20 | | absentee ballots. The list shall be
maintained for each |
21 | | precinct within the jurisdiction of the election
authority. |
22 | | Prior to the opening of the polls on election day, the
election |
23 | | authority shall deliver to the judges of election in each
|
24 | | precinct the list of registered voters in that precinct to whom |
25 | | vote by mail absentee
ballots have been issued by mail.
|
26 | | Each election authority shall maintain a list for each |
|
| | SB0172 Enrolled | - 176 - | LRB098 04408 HLH 34436 b |
|
|
1 | | election of
voters to whom it has issued temporarily absent |
2 | | student ballots. The list
shall be maintained for each election |
3 | | jurisdiction within which such voters
temporarily abide. |
4 | | Immediately after the close of the period during which
|
5 | | application may be made by mail or electronic means for vote by |
6 | | mail absentee ballots, each election
authority shall mail to |
7 | | each other election authority within the State a
certified list |
8 | | of all such voters temporarily abiding within the
jurisdiction |
9 | | of the other election authority.
|
10 | | In the event that the return address of an
application for |
11 | | ballot by a physically incapacitated elector
is that of a |
12 | | facility licensed or certified under the Nursing Home Care
Act, |
13 | | the Specialized Mental Health Rehabilitation Act of 2013, or |
14 | | the ID/DD Community Care Act, within the jurisdiction of the |
15 | | election authority, and the applicant
is a registered voter in |
16 | | the precinct in which such facility is located,
the ballots |
17 | | shall be prepared and transmitted to a responsible judge of
|
18 | | election no later than 9 a.m. on the Saturday, Sunday or Monday |
19 | | immediately
preceding the election as designated by the |
20 | | election authority under
Section 19-12.2. Such judge shall |
21 | | deliver in person on the designated day
the ballot to the |
22 | | applicant on the premises of the facility from which
|
23 | | application was made. The election authority shall by mail |
24 | | notify the
applicant in such facility that the ballot will be |
25 | | delivered by a judge of
election on the designated day.
|
26 | | All applications for vote by mail absentee ballots shall be |
|
| | SB0172 Enrolled | - 177 - | LRB098 04408 HLH 34436 b |
|
|
1 | | available at the office
of the election authority for public |
2 | | inspection upon request from the
time of receipt thereof by the |
3 | | election authority until 30 days after the
election, except |
4 | | during the time such applications are kept in the
office of the |
5 | | election authority pursuant to Section 19-7, and except during
|
6 | | the time such applications are in the possession of the judges |
7 | | of election.
|
8 | | (Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-813, |
9 | | eff. 7-13-12; 98-104, eff. 7-22-13; 98-115, eff. 7-29-13; |
10 | | 98-756, eff. 7-16-14.)
|
11 | | (10 ILCS 5/19-5) (from Ch. 46, par. 19-5) |
12 | | Sec. 19-5. It shall be the duty of the election authority |
13 | | to fold the
ballot or ballots in the manner specified by the |
14 | | statute for folding
ballots prior to their deposit in the |
15 | | ballot box, and to enclose such
ballot or ballots in an |
16 | | envelope unsealed to be furnished by him, which
envelope shall |
17 | | bear upon the face thereof the name, official title and
post |
18 | | office address of the election authority, and upon the other |
19 | | side
a printed certification in substantially the
following |
20 | | form:
|
21 | | I state that I am a resident of the .... precinct of the |
22 | | (1)
*township of .... (2) *City of .... or (3) *.... ward in |
23 | | the city of
.... residing at .... in such city or town in the |
24 | | county of .... and
State of Illinois, that I have lived at such |
25 | | address for .... months
last past; and that I am lawfully |
|
| | SB0172 Enrolled | - 178 - | LRB098 04408 HLH 34436 b |
|
|
1 | | entitled to vote in such precinct at the
.... election to be |
2 | | held on .....
|
3 | | *fill in either (1), (2) or (3).
|
4 | | I further state that I personally marked the enclosed |
5 | | ballot in secret.
|
6 | | Under penalties of perjury as provided by law pursuant to |
7 | | Section 29-10
of The Election Code, the undersigned certifies |
8 | | that the statements set
forth in this certification are true |
9 | | and correct.
|
10 | | .......................
|
11 | | If the ballot is to go to an elector who is physically |
12 | | incapacitated and needs assistance marking the ballot,
the |
13 | | envelope shall bear upon the back thereof a certification in
|
14 | | substantially the following form:
|
15 | | I state that I am a resident of the .... precinct of the |
16 | | (1)
*township of .... (2) *City of .... or (3) *.... ward in |
17 | | the city of
.... residing at .... in such city or town in the |
18 | | county of .... and
State of Illinois, that I have lived at such |
19 | | address for .... months
last past; that I am lawfully entitled |
20 | | to vote in such precinct at the
.... election to be held on |
21 | | ....; that I am physically incapable
of personally marking the |
22 | | ballot for
such election.
|
23 | | *fill in either (1), (2) or (3).
|
24 | | I further state that I marked the enclosed ballot in secret |
25 | | with the assistance of
|
26 | | .................................
|
|
| | SB0172 Enrolled | - 179 - | LRB098 04408 HLH 34436 b |
|
|
1 | | (Individual rendering assistance)
|
2 | | .................................
|
3 | | (Residence Address)
|
4 | | Under penalties of perjury as provided by law pursuant to |
5 | | Section 29-10
of The Election Code, the undersigned certifies |
6 | | that the statements set forth
in this certification are true |
7 | | and correct.
|
8 | | .......................
|
9 | | In the case of a voter with a physical
incapacity, marking |
10 | | a ballot in secret includes marking a ballot with the
|
11 | | assistance of another individual, other than a candidate
whose |
12 | | name appears on the ballot (unless the voter is the spouse or a
|
13 | | parent, child, brother, or sister of the candidate),
the |
14 | | voter's employer, an
agent of that employer, or an officer or |
15 | | agent of the voter's union, when
the voter's physical |
16 | | incapacity necessitates such assistance.
|
17 | | In the case of a physically incapacitated voter, marking a |
18 | | ballot in secret includes marking a ballot with the
assistance |
19 | | of another individual, other than a candidate
whose name |
20 | | appears on the ballot (unless the voter is the spouse or a
|
21 | | parent, child, brother, or sister of the candidate), the |
22 | | voter's
employer, an
agent of that employer, or an officer or |
23 | | agent of the voter's union, when
the voter's physical |
24 | | incapacity necessitates such assistance.
|
25 | | Provided, that if the ballot enclosed is to be voted at a |
26 | | primary
election, the certification shall designate the name of |
|
| | SB0172 Enrolled | - 180 - | LRB098 04408 HLH 34436 b |
|
|
1 | | the political
party with which the voter is affiliated.
|
2 | | In addition to the above, the election authority shall |
3 | | provide
printed slips giving full instructions regarding the |
4 | | manner of marking
and returning the ballot in order that the |
5 | | same may be counted, and
shall furnish one of such printed |
6 | | slips to each of such applicants at
the same time the ballot is |
7 | | delivered to him.
Such instructions shall include the following |
8 | | statement: "In signing the
certification on the vote by mail |
9 | | absentee ballot envelope, you are attesting that you
personally |
10 | | marked this vote by mail absentee ballot in secret. If you are |
11 | | physically
unable to mark the ballot, a friend or relative may |
12 | | assist you after
completing the enclosed affidavit. Federal and |
13 | | State laws prohibit a
candidate whose name appears on the |
14 | | ballot (unless you
are the spouse or a parent, child, brother, |
15 | | or sister of the candidate), your
employer, your employer's |
16 | | agent or an officer or agent of your union
from assisting |
17 | | physically disabled voters."
|
18 | | In addition to the above, if a ballot to be provided to an |
19 | | elector
pursuant to this Section contains a public question |
20 | | described in subsection
(b) of Section 28-6 and the territory |
21 | | concerning which the question is
to be submitted is not |
22 | | described on the ballot due to the space limitations
of such |
23 | | ballot, the election authority shall provide a printed copy of
|
24 | | a notice of the public question, which shall include a |
25 | | description of the
territory in the manner required by Section |
26 | | 16-7. The notice shall be
furnished to the elector at the same |
|
| | SB0172 Enrolled | - 181 - | LRB098 04408 HLH 34436 b |
|
|
1 | | time the ballot is delivered to the
elector.
|
2 | | (Source: P.A. 95-440, eff. 8-27-07; 96-553, eff. 8-17-09.)
|
3 | | (10 ILCS 5/19-6) (from Ch. 46, par. 19-6)
|
4 | | Sec. 19-6.
Such vote by mail absent voter shall make and |
5 | | subscribe to the
certifications provided for in the application |
6 | | and on the return
envelope for the ballot, and such ballot or |
7 | | ballots shall be folded by
such voter in the manner required to |
8 | | be folded before depositing the
same in the ballot box, and be |
9 | | deposited in such envelope and the
envelope securely sealed. |
10 | | The voter shall then endorse his certificate
upon the back of |
11 | | the envelope and the envelope shall be mailed in person by
such |
12 | | voter, postage prepaid, to the election authority issuing the |
13 | | ballot or,
if more convenient, it may be delivered in person, |
14 | | by either the voter or
by any person authorized by the voter a |
15 | | spouse, parent, child, brother or sister of the voter , or by a |
16 | | company
licensed as a motor carrier of property by the Illinois |
17 | | Commerce Commission
under the Illinois Commercial |
18 | | Transportation Law,
which is engaged in the business of making |
19 | | deliveries.
It shall be unlawful for any person not the voter |
20 | | or a person authorized by the voter , his or her spouse,
parent, |
21 | | child, brother, or sister,
or a representative of a company |
22 | | engaged in the business of making
deliveries to the election |
23 | | authority
to take the ballot and ballot envelope of a
voter for |
24 | | deposit into the mail unless the ballot has been issued |
25 | | pursuant to
application by a physically incapacitated elector |
|
| | SB0172 Enrolled | - 182 - | LRB098 04408 HLH 34436 b |
|
|
1 | | under Section
3-3 or a hospitalized voter under Section 19-13, |
2 | | in which case any
employee or person under the direction of the |
3 | | facility in which the elector or
voter is located may deposit |
4 | | the ballot and ballot envelope into the mail. If the voter |
5 | | authorized a person to deliver the ballot to the election |
6 | | authority, the voter and the person authorized to deliver the |
7 | | ballot shall complete the authorization printed on the exterior |
8 | | envelope supplied by an election authority for the return of |
9 | | the vote by mail ballot. The exterior of the envelope supplied |
10 | | by an election authority for the return of the vote by mail |
11 | | ballot shall include an authorization in substantially the |
12 | | following form:
|
13 | | I ............ (voter) authorize ............... to take |
14 | | the necessary steps to have this ballot delivered promptly to |
15 | | the office of the election authority.
|
16 | | ....................... ........................
|
17 | | Date Signature of voter
|
18 | | ...............................................
|
19 | | Printed Name of Authorized Delivery Agent
|
20 | | ...............................................
|
21 | | Signature of Authorized Delivery Agency
|
|
| | SB0172 Enrolled | - 183 - | LRB098 04408 HLH 34436 b |
|
|
1 | | ...............................................
|
2 | | Date Delivered to the Election Authority |
3 | | If an absentee
voter gives his ballot and ballot envelope to a |
4 | | spouse, parent, child,
brother or sister of the voter or to a |
5 | | company which is engaged in the
business of making deliveries |
6 | | for delivery to the election authority, the
voter shall give an |
7 | | authorization form to the person making the delivery.
The |
8 | | person making the delivery shall present the authorization to |
9 | | the
election authority. The authorization shall be in |
10 | | substantially the following
form:
|
11 | | I ............ (absentee voter) authorize ............... |
12 | | to take my ballot
to the office of the election authority.
|
13 | | ....................... ........................
|
14 | | Date Signature of voter
|
15 | | ....................... ........................
|
16 | | Hour Address
|
17 | | ....................... ........................
|
18 | | Date Signature of Authorized
|
19 | | Individual
|
20 | | ....................... ........................
|
21 | | Hour Relationship (if any)
|
22 | | (Source: P.A. 89-653, eff. 8-14-96 .)
|
|
| | SB0172 Enrolled | - 184 - | LRB098 04408 HLH 34436 b |
|
|
1 | | (10 ILCS 5/19-7) (from Ch. 46, par. 19-7)
|
2 | | Sec. 19-7.
(a) Upon receipt of such vote by mail absent |
3 | | voter's ballot, the election
authority shall forthwith enclose |
4 | | the same unopened, together with the
application made by said |
5 | | vote by mail absent voter in a large or carrier envelope
which |
6 | | shall be securely sealed and endorsed with the name and |
7 | | official
title of such officer and the words, "This envelope |
8 | | contains a vote by mail an absent
voter's ballot and must be |
9 | | opened on election day," together with the number and
|
10 | | description of the precinct in which said ballot is to be |
11 | | voted, and
such officer shall thereafter safely keep the same |
12 | | in his office until
counted by him as provided in the next |
13 | | section.
|
14 | | (b) Within one day after receipt of such vote by mail |
15 | | absent voter's ballot, the election authority shall transmit, |
16 | | by electronic means pursuant to a process established by the |
17 | | State Board of Elections, the voter's name, street address, |
18 | | e-mail address, and precinct, ward, township, and district |
19 | | numbers, as the case may be, to the State Board of Elections, |
20 | | which shall maintain those names and that information in an |
21 | | electronic format on its website, arranged by county and |
22 | | accessible to State and local political committees. |
23 | | (Source: P.A. 98-115, eff. 7-29-13.)
|
24 | | (10 ILCS 5/19-8) (from Ch. 46, par. 19-8)
|
25 | | Sec. 19-8. Time and place of counting ballots. |
|
| | SB0172 Enrolled | - 185 - | LRB098 04408 HLH 34436 b |
|
|
1 | | (a) (Blank.) |
2 | | (b) Each vote by mail absent voter's ballot returned to an |
3 | | election authority, by any means authorized by this Article, |
4 | | and received by that election authority before the closing of |
5 | | the polls on election day shall be endorsed by the receiving |
6 | | election authority with the day and hour of receipt and may be |
7 | | processed by the election authority beginning on the 15th day |
8 | | before election day shall be counted in the central ballot |
9 | | counting location of the election authority , but the results of |
10 | | the processing may not be counted until on the day of the |
11 | | election after 7:00 p.m., except as provided in subsections (g) |
12 | | and (g-5).
|
13 | | (c) Each vote by mail absent voter's ballot that is mailed |
14 | | to an election authority and postmarked no later than by the |
15 | | midnight preceding the opening of the polls on election day, |
16 | | but that is received by the election authority after the polls |
17 | | close on election day and before the close of the period for |
18 | | counting provisional ballots cast at that election, shall be |
19 | | endorsed by the receiving authority with the day and hour of |
20 | | receipt and shall be counted at the central ballot counting |
21 | | location of the election authority during the period for |
22 | | counting provisional ballots. |
23 | | Each vote by mail absent voter's ballot that is mailed to |
24 | | an election authority absent a postmark, but that is received |
25 | | by the election authority after the polls close on election day |
26 | | and before the close of the period for counting provisional |
|
| | SB0172 Enrolled | - 186 - | LRB098 04408 HLH 34436 b |
|
|
1 | | ballots cast at that election, shall be endorsed by the |
2 | | receiving authority with the day and hour of receipt, opened to |
3 | | inspect the date inserted on the certification, and, if the |
4 | | certification date is a date preceding the election day and the |
5 | | ballot is otherwise found to be valid under the requirements of |
6 | | this Section, counted at the central ballot counting location |
7 | | of the election authority during the period for counting |
8 | | provisional ballots. Absent a date on the certification, the |
9 | | ballot shall not be counted.
|
10 | | (d) Special write-in vote by mail absentee voter's blank |
11 | | ballots returned to an election authority, by any means |
12 | | authorized by this Article, and received by the election |
13 | | authority at any time before the closing of the polls on |
14 | | election day shall be endorsed by the receiving election |
15 | | authority with the day and hour of receipt and shall be counted |
16 | | at the central ballot counting location of the election |
17 | | authority during the same period provided for counting vote by |
18 | | mail absent voters' ballots under subsections (b), (g), and |
19 | | (g-5). Special write-in vote by mail absentee voter's blank |
20 | | ballots that are mailed to an election authority and postmarked |
21 | | no later than by the midnight preceding the opening of the |
22 | | polls on election day, but that are received by the election |
23 | | authority after the polls close on election day and before the |
24 | | closing of the period for counting provisional ballots cast at |
25 | | that election, shall be endorsed by the receiving authority |
26 | | with the day and hour of receipt and shall be counted at the |
|
| | SB0172 Enrolled | - 187 - | LRB098 04408 HLH 34436 b |
|
|
1 | | central ballot counting location of the election authority |
2 | | during the same periods provided for counting vote by mail |
3 | | absent voters' ballots under subsection (c). |
4 | | (e) Except as otherwise provided in this Section, vote by |
5 | | mail absent voters' ballots and special write-in vote by mail |
6 | | absentee voter's blank ballots received by the election |
7 | | authority after the closing of the polls on an
election day |
8 | | shall be endorsed by the election authority receiving them
with |
9 | | the day and hour of receipt and shall be safely kept unopened |
10 | | by the
election authority for the period of time required for |
11 | | the preservation of
ballots used at the election, and shall |
12 | | then, without being opened, be
destroyed in like manner as the |
13 | | used ballots of that election.
|
14 | | (f) Counting required under this Section to begin on |
15 | | election day after the closing of the polls shall commence no |
16 | | later than 8:00 p.m. and shall be conducted
by a panel or |
17 | | panels of election judges appointed in the manner provided
by |
18 | | law. The counting shall continue until all vote by mail absent |
19 | | voters' ballots and special write-in vote by mail absentee |
20 | | voter's blank ballots required to be counted on election day |
21 | | have been counted.
|
22 | | (g) The procedures set forth in Articles 17 and
18 of this |
23 | | Code shall apply to all ballots counted under
this Section. In |
24 | | addition, within 2 days after a vote by mail an absentee |
25 | | ballot , other than an in-person absentee ballot, is received, |
26 | | but in all cases before the close of the period for counting |
|
| | SB0172 Enrolled | - 188 - | LRB098 04408 HLH 34436 b |
|
|
1 | | provisional ballots, the election judge or official shall |
2 | | compare the voter's signature on the certification envelope of |
3 | | that vote by mail absentee ballot with the signature of the |
4 | | voter on file in the office of the election authority. If the |
5 | | election judge or official determines that the 2 signatures |
6 | | match, and that the vote by mail absentee voter is otherwise |
7 | | qualified to cast a vote by mail an absentee ballot, the |
8 | | election authority shall cast and count the ballot on election |
9 | | day or the day the ballot is determined to be valid, whichever |
10 | | is later, adding the results to the precinct in which the voter |
11 | | is registered. If the election judge or official determines |
12 | | that the signatures do not match, or that the vote by mail |
13 | | absentee voter is not qualified to cast a vote by mail an |
14 | | absentee ballot, then without opening the certification |
15 | | envelope, the judge or official shall mark across the face of |
16 | | the certification envelope the word "Rejected" and shall not |
17 | | cast or count the ballot. |
18 | | In addition to the voter's signatures not matching, a vote |
19 | | by mail an absentee ballot may be rejected by the election |
20 | | judge or official: |
21 | | (1) if the ballot envelope is open or has been opened |
22 | | and resealed; |
23 | | (2) if the voter has already cast an early or grace |
24 | | period ballot; |
25 | | (3) if the voter voted in person on election day or the |
26 | | voter is not a duly registered voter in the precinct; or |
|
| | SB0172 Enrolled | - 189 - | LRB098 04408 HLH 34436 b |
|
|
1 | | (4) on any other basis set forth in this Code. |
2 | | If the election judge or official determines that any of |
3 | | these reasons apply, the judge or official shall mark across |
4 | | the face of the certification envelope the word "Rejected" and |
5 | | shall not cast or count the ballot.
|
6 | | (g-5) If a vote by mail an absentee ballot , other than an |
7 | | in-person absentee ballot, is rejected by the election judge or |
8 | | official for any reason, the election authority shall, within 2 |
9 | | days after the rejection but in all cases before the close of |
10 | | the period for counting provisional ballots, notify the vote by |
11 | | mail absentee voter that his or her ballot was rejected. The |
12 | | notice shall inform the voter of the reason or reasons the |
13 | | ballot was rejected and shall state that the voter may appear |
14 | | before the election authority, on or before the 14th day after |
15 | | the election, to show cause as to why the ballot should not be |
16 | | rejected. The voter may present evidence to the election |
17 | | authority supporting his or her contention that the ballot |
18 | | should be counted. The election authority shall appoint a panel |
19 | | of 3 election judges to review the contested ballot, |
20 | | application, and certification envelope, as well as any |
21 | | evidence submitted by the vote by mail absentee voter. No more |
22 | | than 2 election judges on the reviewing panel shall be of the |
23 | | same political party. The reviewing panel of election judges |
24 | | shall make a final determination as to the validity of the |
25 | | contested vote by mail absentee ballot. The judges' |
26 | | determination shall not be reviewable either administratively |
|
| | SB0172 Enrolled | - 190 - | LRB098 04408 HLH 34436 b |
|
|
1 | | or judicially. |
2 | | A vote by mail An absentee ballot subject to this |
3 | | subsection that is determined to be valid shall be counted |
4 | | before the close of the period for counting provisional |
5 | | ballots.
|
6 | | (g-10) All vote by mail absentee ballots determined to be |
7 | | valid shall be added to the vote totals for the precincts for |
8 | | which they were cast in the order in which the ballots were |
9 | | opened.
|
10 | | (h) Each political party, candidate, and qualified civic |
11 | | organization shall be entitled to have present one pollwatcher |
12 | | for each panel of election judges therein assigned.
|
13 | | (Source: P.A. 94-557, eff. 8-12-05; 94-1000, eff. 7-3-06; |
14 | | 95-699, eff. 11-9-07.)
|
15 | | (10 ILCS 5/19-10) (from Ch. 46, par. 19-10)
|
16 | | Sec. 19-10. Pollwatchers may be appointed to observe early |
17 | | in-person absentee
voting procedures and view all reasonably |
18 | | requested records relating to the conduct of the election, |
19 | | provided the secrecy of the ballot is not impinged, at the |
20 | | office of the election authority as well as at
municipal, |
21 | | township or road district clerks' offices where such early |
22 | | absentee
voting is conducted. Such pollwatchers shall qualify |
23 | | and be appointed in
the same manner as provided in Sections |
24 | | 7-34 and 17-23, except each
candidate, political party or |
25 | | organization of citizens may appoint only one
pollwatcher for |
|
| | SB0172 Enrolled | - 191 - | LRB098 04408 HLH 34436 b |
|
|
1 | | each location where early in-person absentee voting is |
2 | | conducted.
Pollwatchers must be registered to vote in Illinois |
3 | | and possess valid
pollwatcher credentials.
|
4 | | In the polling place on election day, pollwatchers shall be |
5 | | permitted
to be present during the casting of the absent |
6 | | voters' ballots and the vote
of any absent voter may be |
7 | | challenged for cause the same as if he were
present and voted |
8 | | in person, and the judges of the election or a majority
thereof |
9 | | shall have power and authority to hear and determine the |
10 | | legality
of such ballot; Provided, however, that if a challenge |
11 | | to any absent
voter's right to vote is sustained, notice of the |
12 | | same must be given by the
judges of election by mail addressed |
13 | | to the voter's place of residence.
|
14 | | Where certain vote by mail absent voters' ballots are |
15 | | counted on the day of the election
in the office of the |
16 | | election authority as provided in Section 19-8 of this
Act, |
17 | | each political party, candidate and qualified civic |
18 | | organization shall
be entitled to have present one pollwatcher |
19 | | for each panel of election judges
therein assigned. Such |
20 | | pollwatchers shall be subject to the same provisions
as are |
21 | | provided for pollwatchers in Sections 7-34 and 17-23 of this |
22 | | Code,
and shall be permitted to observe the election judges |
23 | | making the signature
comparison between that which is on the |
24 | | ballot envelope and that which is
on the permanent voter |
25 | | registration record card taken from the master file.
|
26 | | (Source: P.A. 93-574, eff. 8-21-03; 94-645, eff. 8-22-05.)
|
|
| | SB0172 Enrolled | - 192 - | LRB098 04408 HLH 34436 b |
|
|
1 | | (10 ILCS 5/19-12.1) (from Ch. 46, par. 19-12.1)
|
2 | | Sec. 19-12.1.
Any qualified elector who has secured an |
3 | | Illinois
Person with a Disability Identification Card in |
4 | | accordance with the Illinois
Identification Card Act, |
5 | | indicating that the person named thereon has a Class
1A or |
6 | | Class 2 disability or any qualified voter who has a permanent |
7 | | physical
incapacity of such a nature as to make it improbable |
8 | | that he will be
able to be present at the polls at any future |
9 | | election, or any
voter who is a resident of (i) a federally |
10 | | operated veterans' home, hospital, or facility located in |
11 | | Illinois or (ii) a facility licensed or certified pursuant to
|
12 | | the Nursing Home Care Act, the Specialized Mental Health |
13 | | Rehabilitation Act of 2013, or the ID/DD Community Care Act and |
14 | | has a condition or disability of
such a nature as to make it |
15 | | improbable that he will be able to be present
at the polls at |
16 | | any future election, may secure a disabled voter's or
nursing |
17 | | home resident's identification card, which will enable him to |
18 | | vote
under this Article as a physically incapacitated or |
19 | | nursing home voter. For the purposes of this Section, |
20 | | "federally operated veterans' home, hospital, or facility" |
21 | | means the long-term care facilities at the Jesse Brown VA |
22 | | Medical Center, Illiana Health Care System, Edward Hines, Jr. |
23 | | VA Hospital, Marion VA Medical Center, and Captain James A. |
24 | | Lovell Federal Health Care Center.
|
25 | | Application for a disabled voter's or nursing home |
|
| | SB0172 Enrolled | - 193 - | LRB098 04408 HLH 34436 b |
|
|
1 | | resident's
identification card shall be made either: (a) in |
2 | | writing, with voter's
sworn affidavit, to the county clerk or |
3 | | board of election commissioners, as
the case may be, and shall |
4 | | be accompanied
by the affidavit of the attending physician |
5 | | specifically describing the
nature of the physical incapacity |
6 | | or the fact that the voter is a nursing
home resident and is |
7 | | physically unable to be present at the polls on election
days; |
8 | | or (b) by presenting, in writing or otherwise, to the county |
9 | | clerk
or board of election commissioners, as the case may be, |
10 | | proof that the
applicant has secured an Illinois Person with a |
11 | | Disability Identification Card
indicating that the person |
12 | | named thereon has a Class 1A or Class 2 disability.
Upon the |
13 | | receipt of either the sworn-to
application and the physician's |
14 | | affidavit or proof that the applicant has
secured an Illinois |
15 | | Person with a Disability Identification Card indicating that |
16 | | the
person named thereon has a Class 1A or Class 2 disability, |
17 | | the county clerk
or board of election commissioners shall issue |
18 | | a disabled voter's or
nursing home resident's identification
|
19 | | card. Such identification cards shall be issued for a
period of |
20 | | 5 years, upon the expiration of which time the voter may
secure |
21 | | a new card by making application in the same manner as is
|
22 | | prescribed for the issuance of an original card, accompanied by |
23 | | a new
affidavit of the attending physician. The date of |
24 | | expiration of such
five-year period shall be made known to any |
25 | | interested person by the
election authority upon the request of |
26 | | such person. Applications for the
renewal of the identification |
|
| | SB0172 Enrolled | - 194 - | LRB098 04408 HLH 34436 b |
|
|
1 | | cards shall be mailed to the voters holding
such cards not less |
2 | | than 3 months prior to the date of expiration of the cards.
|
3 | | Each disabled voter's or nursing home resident's |
4 | | identification card
shall bear an identification number, which |
5 | | shall be clearly noted on the voter's
original and duplicate |
6 | | registration record cards. In the event the
holder becomes |
7 | | physically capable of resuming normal voting, he must
surrender |
8 | | his disabled voter's or nursing home resident's identification
|
9 | | card to the county clerk or board of election commissioners |
10 | | before the next election.
|
11 | | The holder of a disabled voter's or nursing home resident's
|
12 | | identification card may make application by mail for an |
13 | | official ballot
within the time prescribed by Section 19-2. |
14 | | Such application shall contain
the same information as is
|
15 | | included in the form of application for ballot by a physically
|
16 | | incapacitated elector prescribed in Section 19-3 except that it |
17 | | shall
also include the applicant's disabled voter's |
18 | | identification card number
and except that it need not be sworn |
19 | | to. If an examination of the records
discloses that the |
20 | | applicant is lawfully entitled to vote, he shall be
mailed a |
21 | | ballot as provided in Section 19-4. The ballot envelope shall
|
22 | | be the same as that prescribed in Section 19-5 for physically |
23 | | disabled
voters, and the manner of voting and returning the |
24 | | ballot shall be the
same as that provided in this Article for |
25 | | other vote by mail absentee ballots, except
that a statement to |
26 | | be subscribed to by the voter but which need not be
sworn to |
|
| | SB0172 Enrolled | - 195 - | LRB098 04408 HLH 34436 b |
|
|
1 | | shall be placed on the ballot envelope in lieu of the affidavit
|
2 | | prescribed by Section 19-5.
|
3 | | Any person who knowingly subscribes to a false statement in
|
4 | | connection with voting under this Section shall be guilty of a |
5 | | Class A
misdemeanor.
|
6 | | For the purposes of this Section, "nursing home resident" |
7 | | includes a resident of (i) a federally operated veterans' home, |
8 | | hospital, or facility located in Illinois or (ii) a facility |
9 | | licensed under the ID/DD Community Care Act or the Specialized |
10 | | Mental Health Rehabilitation Act of 2013. For the purposes of |
11 | | this Section, "federally operated veterans' home, hospital, or |
12 | | facility" means the long-term care facilities at the Jesse |
13 | | Brown VA Medical Center, Illiana Health Care System, Edward |
14 | | Hines, Jr. VA Hospital, Marion VA Medical Center, and Captain |
15 | | James A. Lovell Federal Health Care Center. |
16 | | (Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-275, |
17 | | eff. 1-1-12; 97-813, eff. 7-13-12; 97-1064, eff. 1-1-13; |
18 | | 98-104, eff. 7-22-13.)
|
19 | | (10 ILCS 5/19-12.2) (from Ch. 46, par. 19-12.2)
|
20 | | Sec. 19-12.2. Voting by physically incapacitated electors |
21 | | who have made
proper application to the election authority not |
22 | | later than 5 days before
the regular primary and general |
23 | | election of 1980 and before each election
thereafter shall be |
24 | | conducted on the premises of (i) federally operated veterans' |
25 | | homes, hospitals, and facilities located in Illinois or (ii) |
|
| | SB0172 Enrolled | - 196 - | LRB098 04408 HLH 34436 b |
|
|
1 | | facilities licensed or
certified pursuant to the Nursing Home |
2 | | Care Act, the Specialized Mental Health Rehabilitation Act of |
3 | | 2013, or the ID/DD Community Care Act for the sole benefit of
|
4 | | residents of such homes, hospitals, and facilities. For the |
5 | | purposes of this Section, "federally operated veterans' home, |
6 | | hospital, or facility" means the long-term care facilities at |
7 | | the Jesse Brown VA Medical Center, Illiana Health Care System, |
8 | | Edward Hines, Jr. VA Hospital, Marion VA Medical Center, and |
9 | | Captain James A. Lovell Federal Health Care Center. Such voting |
10 | | shall be conducted during any
continuous period sufficient to |
11 | | allow all applicants to cast their ballots
between the hours of |
12 | | 9 a.m. and 7 p.m. either on the Friday, Saturday, Sunday
or |
13 | | Monday immediately preceding the regular election. This vote by |
14 | | mail absentee voting on
one of said days designated by the |
15 | | election authority shall be supervised by
two election judges |
16 | | who must be selected by the election authority in the
following |
17 | | order of priority: (1) from the panel of judges appointed for |
18 | | the
precinct in which such home, hospital, or facility is |
19 | | located, or from a panel of judges appointed
for any other |
20 | | precinct within the jurisdiction of the election authority in |
21 | | the
same ward or township, as the case may be, in which the |
22 | | home, hospital, or facility is located or,
only in the case |
23 | | where a judge or judges from the precinct, township or ward
are |
24 | | unavailable to serve, (3) from a panel of judges appointed for |
25 | | any other
precinct within the jurisdiction of the election |
26 | | authority. The two judges
shall be from different political |
|
| | SB0172 Enrolled | - 197 - | LRB098 04408 HLH 34436 b |
|
|
1 | | parties. Not less than 30 days before each
regular election, |
2 | | the election authority shall have arranged with the chief
|
3 | | administrative officer of each home, hospital, or facility in |
4 | | his or its election jurisdiction a
mutually convenient time |
5 | | period on the Friday, Saturday, Sunday or Monday
immediately |
6 | | preceding the election for such voting on the premises of the |
7 | | home, hospital, or
facility and shall post in a prominent place |
8 | | in his or its office a notice of
the agreed day and time period |
9 | | for conducting such voting at each home, hospital, or facility;
|
10 | | provided that the election authority shall not later than noon |
11 | | on the Thursday
before the election also post the names and |
12 | | addresses of those homes, hospitals, and facilities from
which |
13 | | no applications were received and in which no supervised vote |
14 | | by mail absentee voting
will be conducted. All provisions of |
15 | | this Code applicable to pollwatchers
shall be applicable |
16 | | herein. To the maximum extent feasible, voting booths or
|
17 | | screens shall be provided to insure the privacy of the voter. |
18 | | Voting procedures
shall be as described in Article 17 of this |
19 | | Code, except that ballots shall be
treated as vote by mail |
20 | | absentee ballots and shall not be counted until the close of |
21 | | the
polls on the following day. After the last voter has |
22 | | concluded voting, the
judges shall seal the ballots in an |
23 | | envelope and affix their signatures across
the flap of the |
24 | | envelope. Immediately thereafter, the judges
shall bring the |
25 | | sealed envelope to the office of the election authority
who |
26 | | shall deliver such ballots to the election authority's central |
|
| | SB0172 Enrolled | - 198 - | LRB098 04408 HLH 34436 b |
|
|
1 | | ballot counting location prior to
the closing of the polls on |
2 | | the day of election. The judges of election shall
also report |
3 | | to the election authority the name of any applicant in the |
4 | | home, hospital, or facility
who, due to unforeseen circumstance |
5 | | or condition or because
of a religious holiday, was unable to |
6 | | vote. In this event, the election
authority may appoint a |
7 | | qualified person from his or its staff to deliver
the ballot to |
8 | | such applicant on the day of election. This staff person
shall |
9 | | follow the same procedures prescribed for judges conducting |
10 | | vote by mail absentee
voting in such homes, hospitals, or |
11 | | facilities and shall return the ballot to the central ballot |
12 | | counting location before the polls close. However, if the home, |
13 | | hospital, or facility from
which the application was made is |
14 | | also used as a regular precinct polling place
for that voter, |
15 | | voting procedures heretofore prescribed may be implemented by 2
|
16 | | of the election judges of opposite party affiliation assigned |
17 | | to that polling
place during the hours of voting on the day of |
18 | | the election. Judges of election
shall be compensated not less |
19 | | than $25.00 for conducting vote by mail absentee voting in
such |
20 | | homes, hospitals, or facilities.
|
21 | | Not less than 120 days before each regular election, the |
22 | | Department
of Public Health shall certify to the State Board of |
23 | | Elections a list of
the facilities licensed or certified |
24 | | pursuant to the Nursing Home Care
Act, the Specialized Mental |
25 | | Health Rehabilitation Act of 2013, or the ID/DD Community Care |
26 | | Act. The lists shall indicate the approved bed capacity and the |
|
| | SB0172 Enrolled | - 199 - | LRB098 04408 HLH 34436 b |
|
|
1 | | name of
the chief administrative officer of each such home, |
2 | | hospital, or facility, and the State Board
of Elections shall |
3 | | certify the same to the appropriate election authority
within |
4 | | 20 days thereafter.
|
5 | | (Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-275, |
6 | | eff. 1-1-12; 97-813, eff. 7-13-12; 98-104, eff. 7-22-13.)
|
7 | | (10 ILCS 5/19-13) (from Ch. 46, par. 19-13)
|
8 | | Sec. 19-13. Any qualified voter who has been admitted to a |
9 | | hospital, nursing home, or rehabilitation center
due to an |
10 | | illness or physical injury not more than 14 days before an |
11 | | election
shall be entitled to personal delivery of a vote by |
12 | | mail an absentee ballot in the hospital, nursing home, or |
13 | | rehabilitation center
subject to the following conditions:
|
14 | | (1) The voter completes the Application for Physically |
15 | | Incapacitated
Elector as provided in Section 19-3, stating as |
16 | | reasons therein that he is
a patient in ............... (name |
17 | | of hospital/home/center), ............... located
at, |
18 | | ............... (address of hospital/home/center), |
19 | | ............... (county,
city/village), was admitted for |
20 | | ............... (nature of illness or
physical injury), on |
21 | | ............... (date of admission), and does not
expect to be |
22 | | released from the hospital/home/center on or before the day of |
23 | | election or, if released, is expected to be homebound on the |
24 | | day of the election and unable to travel to the polling place.
|
25 | | (2) The voter's physician completes a Certificate of |
|
| | SB0172 Enrolled | - 200 - | LRB098 04408 HLH 34436 b |
|
|
1 | | Attending Physician
in a form substantially as follows:
|
2 | | CERTIFICATE OF ATTENDING PHYSICIAN
|
3 | | I state that I am a physician, duly licensed to practice in |
4 | | the State of
.........; that .......... is a patient in |
5 | | .......... (name of hospital/home/center),
located at |
6 | | ............. (address of hospital/home/center), |
7 | | ................. (county,
city/village); that such individual |
8 | | was admitted for ............. (nature
of illness or physical |
9 | | injury), on ............ (date of admission); and
that I have |
10 | | examined such individual in the State in which I am licensed
to |
11 | | practice medicine and do not expect such individual to be |
12 | | released from
the hospital/home/center on or before the day of |
13 | | election or, if released, to be able to travel to the polling |
14 | | place on election day.
|
15 | | Under penalties as provided by law pursuant to Section |
16 | | 29-10 of The Election
Code, the undersigned certifies that the |
17 | | statements set forth in this
certification are true and |
18 | | correct.
|
19 | | (Signature) ...............
|
20 | | (Date licensed) ............
|
21 | | (3) Any person who is registered to vote in the same |
22 | | precinct as the admitted voter or any legal relative of the |
23 | | admitted voter may
present such voter's vote by mail absentee |
24 | | ballot application, completed as prescribed
in paragraph 1, |
25 | | accompanied by the physician's certificate, completed as
|
26 | | prescribed in paragraph 2, to the election authority.
Such |
|
| | SB0172 Enrolled | - 201 - | LRB098 04408 HLH 34436 b |
|
|
1 | | precinct voter or relative shall execute and sign an affidavit |
2 | | furnished
by the election authority attesting that he is a |
3 | | registered voter in the
same precinct as the admitted voter or |
4 | | that he is a legal relative of
the admitted voter and stating |
5 | | the nature of the
relationship. Such precinct voter or relative |
6 | | shall further attest that
he has been authorized by the |
7 | | admitted voter to obtain his or her vote by mail absentee |
8 | | ballot
from the election authority and deliver such ballot to |
9 | | him in the hospital, home, or center.
|
10 | | Upon receipt of the admitted voter's application, |
11 | | physician's
certificate, and the affidavit of the precinct |
12 | | voter or the relative, the
election authority shall examine the |
13 | | registration records to determine if
the applicant is qualified |
14 | | to vote and, if found to be qualified, shall
provide the |
15 | | precinct voter or the relative the vote by mail absentee ballot |
16 | | for delivery
to the applicant.
|
17 | | Upon receipt of the vote by mail absentee ballot, the |
18 | | admitted voter shall mark the
ballot in secret and subscribe to |
19 | | the certifications on the vote by mail absentee ballot
return |
20 | | envelope. After depositing the ballot in the return envelope |
21 | | and
securely sealing the envelope, such voter shall give the |
22 | | envelope to the
precinct voter or the relative who shall |
23 | | deliver it to the election authority
in sufficient time for the |
24 | | ballot to be delivered by the election authority
to the |
25 | | election authority's central ballot counting location
before 7 |
26 | | p.m. on election day.
|
|
| | SB0172 Enrolled | - 202 - | LRB098 04408 HLH 34436 b |
|
|
1 | | Upon receipt of the admitted voter's vote by mail absentee |
2 | | ballot,
the ballot shall be counted in the manner prescribed in |
3 | | this Article.
|
4 | | (Source: P.A. 94-18, eff. 6-14-05; 94-1000, eff. 7-3-06; |
5 | | 95-878, eff. 1-1-09.)
|
6 | | (10 ILCS 5/19-15)
|
7 | | Sec. 19-15. Precinct tabulation optical scan technology
|
8 | | voting equipment. If the election authority has adopted the use |
9 | | of Precinct
Tabulation Optical Scan Technology voting |
10 | | equipment pursuant to
Article 24B of this Code, and the |
11 | | provisions of the Article are
in conflict with the provisions |
12 | | of this Article 19, the
provisions of Article 24B shall govern |
13 | | the procedures followed by
the election authority, its judges |
14 | | of elections, and all
employees and agents, provided that vote |
15 | | by mail absentee ballots are counted at the election |
16 | | authority's central ballot counting location. In following the |
17 | | provisions of
Article 24B, the election authority is authorized |
18 | | to develop and
implement procedures to fully utilize Precinct |
19 | | Tabulation Optical
Scan Technology voting equipment, at the |
20 | | central ballot counting location, authorized by the State Board |
21 | | of
Elections as long as the procedure is not in conflict with
|
22 | | either Article 24B or the administrative rules of the State |
23 | | Board
of Elections.
|
24 | | (Source: P.A. 94-1000, eff. 7-3-06.)
|
|
| | SB0172 Enrolled | - 203 - | LRB098 04408 HLH 34436 b |
|
|
1 | | (10 ILCS 5/19-20)
|
2 | | Sec. 19-20. Report on vote by mail absentee ballots. This |
3 | | Section applies to vote by mail absentee ballots other than |
4 | | in-person absentee ballots . |
5 | | On or before the 21st day after an election, each election |
6 | | authority shall transmit to the State Board of Elections the |
7 | | following information with respect to that election: |
8 | | (1) The number, by precinct, of vote by mail absentee |
9 | | ballots requested, provided, and counted. |
10 | | (2) The number of rejected vote by mail absentee |
11 | | ballots. |
12 | | (3) The number of voters seeking review of rejected |
13 | | vote by mail absentee ballots pursuant to subsection (g-5) |
14 | | of Section 19-8. |
15 | | (4) The number of vote by mail absentee ballots counted |
16 | | following review pursuant to subsection (g-5) of Section |
17 | | 19-8. |
18 | | On or before the 28th day after an election, the State Board of |
19 | | Elections shall compile the information received under this |
20 | | Section with respect to that election and make that information |
21 | | available to the public.
|
22 | | (Source: P.A. 94-1000, eff. 7-3-06.) |
23 | | (10 ILCS 5/19A-10)
|
24 | | Sec. 19A-10. Permanent polling places for early voting.
|
25 | | (a) An election authority may establish permanent polling |
|
| | SB0172 Enrolled | - 204 - | LRB098 04408 HLH 34436 b |
|
|
1 | | places for early
voting by personal appearance at locations |
2 | | throughout the election authority's
jurisdiction, including |
3 | | but not limited to a municipal clerk's office, a township |
4 | | clerk's office, a road district clerk's office, or a county or |
5 | | local public agency office. Any Except as otherwise provided in |
6 | | subsection (b), any person
entitled to vote early by personal |
7 | | appearance may do so at any polling place
established for early |
8 | | voting.
|
9 | | (b) (Blank). If it is impractical for the election |
10 | | authority to provide at each
polling place for early voting a |
11 | | ballot in every form required in the election
authority's |
12 | | jurisdiction, the election authority may:
|
13 | | (1) provide appropriate forms of ballots to the office |
14 | | of the municipal
clerk in a municipality not having a board |
15 | | of election commissioners; the
township clerk; or in |
16 | | counties not under township organization, the road
|
17 | | district clerk; and
|
18 | | (2) limit voting at that polling place to registered |
19 | | voters in that
municipality, ward or group of wards, |
20 | | township, or road district.
|
21 | | If the early voting polling place does not have the correct |
22 | | ballot form for a person seeking to vote early, the election |
23 | | judge or election official conducting early voting at that |
24 | | polling place shall inform the person of that fact, give the |
25 | | person the appropriate telephone number of the election |
26 | | authority in order to locate an early voting polling place with |
|
| | SB0172 Enrolled | - 205 - | LRB098 04408 HLH 34436 b |
|
|
1 | | the correct ballot form for use in that person's assigned |
2 | | precinct, and instruct the person to go to the proper early |
3 | | voting polling place to vote early.
|
4 | | (c) During each general primary and general election, each |
5 | | election authority in a county with a population over 250,000 |
6 | | shall establish at least one permanent polling place for early |
7 | | voting by personal appearance at a location within each of the |
8 | | 3 largest municipalities within its jurisdiction. If any of the |
9 | | 3 largest municipalities is over 80,000, the election authority |
10 | | shall establish at least 2 permanent polling places within the |
11 | | municipality. All population figures shall be determined by the |
12 | | federal census.
|
13 | | (d) During each general primary and general election, each |
14 | | board of election commissioners established under Article 6 of |
15 | | this Code in any city, village, or incorporated town with a |
16 | | population over 100,000 shall establish at least 2 permanent |
17 | | polling places for early voting by personal appearance. All |
18 | | population figures shall be determined by the federal census. |
19 | | (e) During each general primary and general election, each |
20 | | election authority in a county with a population of over |
21 | | 100,000 but under 250,000 persons shall establish at least one |
22 | | permanent polling place for early voting by personal |
23 | | appearance. The location for early voting may be the election |
24 | | authority's main office or another location designated by the |
25 | | election authority. The election authority may designate |
26 | | additional sites for early voting by personal appearance. All |
|
| | SB0172 Enrolled | - 206 - | LRB098 04408 HLH 34436 b |
|
|
1 | | population figures shall be determined by the federal census.
|
2 | | (f) No permanent polling place required by this Section |
3 | | shall be located within 1.5 miles from another permanent |
4 | | polling place required by this Section, unless such permanent |
5 | | polling place is within a municipality with a population of |
6 | | 500,000 or more. |
7 | | (Source: P.A. 98-691, eff. 7-1-14.) |
8 | | (10 ILCS 5/19A-15)
|
9 | | Sec. 19A-15. Period for early voting; hours.
|
10 | | (a) The period for early voting by personal appearance |
11 | | begins the 40th 15th day preceding a general primary, |
12 | | consolidated primary, consolidated, or
general election and |
13 | | extends through the end of the 3rd day before election day , |
14 | | except that for the 2014 general election the period for early |
15 | | voting by personal appearance shall extend through the 2nd day |
16 | | before election day .
|
17 | | (b) Except as otherwise provided by this Section, a |
18 | | permanent polling place for early voting must remain open |
19 | | beginning the 15th day before an election through the end of |
20 | | the day before election day during the
hours of 8:30 a.m. to |
21 | | 4:30 p.m., or 9:00 a.m. to 5:00 p.m., on weekdays , except that |
22 | | beginning 8 days before election day, a permanent polling place |
23 | | for early voting must remain open during the hours of 8:30 a.m. |
24 | | to 7:00 p.m., or 9:00 a.m. to 7:00 p.m., and
9:00 a.m. to 12:00 |
25 | | p.m. on Saturdays and holidays, and 10:00 a.m. to 4 p.m. 12:00 |
|
| | SB0172 Enrolled | - 207 - | LRB098 04408 HLH 34436 b |
|
|
1 | | p.m. to 3:00 p.m. on Sundays; except that, in addition to the |
2 | | hours required by this subsection, a permanent early voting |
3 | | polling place designated by an election authority under |
4 | | subsections subsection (c) , (d), and (e) of Section 19A-10 must |
5 | | remain open for a total of at least 8 hours on any holiday |
6 | | during the early voting period and a total of at least 14 hours |
7 | | on the final weekend during the early voting period. For the |
8 | | 2014 general election, a permanent polling place for early |
9 | | voting must remain open during the hours of 8:30 a.m. to 4:30 |
10 | | p.m. or 9:00 a.m. to 5:00 p.m. on weekdays, except that |
11 | | beginning 8 days before election day, a permanent polling place |
12 | | for early voting must remain open during the hours of 8:30 a.m. |
13 | | to 7:00 p.m., or 9:00 a.m. to 7:00 p.m.. For the 2014 general |
14 | | election, a permanent polling place for early voting shall |
15 | | remain open during the hours of 9:00 a.m. to 12:00 p.m. on |
16 | | Saturdays and 10:00 a.m. to 4:00 p.m. on Sundays; except that, |
17 | | in addition to the hours required by this subsection (b), a |
18 | | permanent early voting place designated by an election |
19 | | authority under subsection (c) of Section 19A-10 must remain |
20 | | open for a total of at least 14 hours on the final weekend |
21 | | during the early voting period.
|
22 | | (c) Notwithstanding subsection subsections (a) and (b), an |
23 | | election authority may close an early voting polling place if |
24 | | the building in which the polling place is located has been |
25 | | closed by the State or unit of local government in response to |
26 | | a severe weather emergency or other force majeure . In the event |
|
| | SB0172 Enrolled | - 208 - | LRB098 04408 HLH 34436 b |
|
|
1 | | of a closure, the election authority shall conduct early voting |
2 | | on the 2nd day before election day from 8:30 a.m. to 4:30 p.m. |
3 | | or 9:00 a.m. to 5:00 p.m. The election authority shall notify |
4 | | the State Board of Elections of any closure and shall make |
5 | | reasonable efforts to provide notice to the public of an |
6 | | alternative location for early voting the extended early voting |
7 | | period . |
8 | | (d) (Blank). Notwithstanding subsections (a) and (b), in |
9 | | 2013 only, an election authority may close an early voting |
10 | | place on Good Friday, Holy Saturday, and Easter Sunday, |
11 | | provided that the early voting place remains open 2 hours later |
12 | | on April 3, 4, and 5 of 2013. The election authority shall |
13 | | notify the State Board of Elections of any closure and shall |
14 | | provide notice to the public of the closure and the extended |
15 | | hours during the final week. |
16 | | (Source: P.A. 97-81, eff. 7-5-11; 97-766, eff. 7-6-12; 98-4, |
17 | | eff. 3-12-13; 98-115, eff. 7-29-13; 98-691, eff. 7-1-14.) |
18 | | (10 ILCS 5/19A-25)
|
19 | | Sec. 19A-25. Schedule of locations and times for early |
20 | | voting.
|
21 | | (a) The election authority shall publish during the week |
22 | | before the period
for early voting and at least once each week |
23 | | during the period for early voting
in a newspaper of general |
24 | | circulation in the election authority's jurisdiction
a |
25 | | schedule stating:
|
|
| | SB0172 Enrolled | - 209 - | LRB098 04408 HLH 34436 b |
|
|
1 | | (1) the location of each permanent and temporary |
2 | | polling place for early
voting and the precincts served by |
3 | | each location; and
|
4 | | (2) the dates and hours that early voting will be |
5 | | conducted at each
location.
|
6 | | (b) The election authority shall post a copy of the |
7 | | schedule at any office
or other location that is to be used as |
8 | | a polling place for early voting. The
schedule must be posted |
9 | | continuously for a period beginning not later than the 10th
5th |
10 | | day before the first day of the
period for early voting by |
11 | | personal appearance and ending on the last day of
that period.
|
12 | | (c) The election authority must make copies of the schedule |
13 | | available to the
public in reasonable quantities without charge |
14 | | during the period of posting.
|
15 | | (d) If the election authority maintains a website, it shall |
16 | | make the schedule available on its website.
|
17 | | (e) No additional permanent polling places for early voting |
18 | | may be established after
the schedule is published under this |
19 | | Section. Additional temporary locations may be established |
20 | | after the schedule is published, provided that the location is |
21 | | open to all eligible voters. The location, dates, and hours |
22 | | shall be reported to the State Board of Elections and posted on |
23 | | the election authority's website.
|
24 | | (f) At least 10 days before the period for early voting |
25 | | begins, each election authority shall provide the State Board |
26 | | of Elections with a list of all early voting sites and the |
|
| | SB0172 Enrolled | - 210 - | LRB098 04408 HLH 34436 b |
|
|
1 | | hours each site will be open. |
2 | | (Source: P.A. 94-645, eff. 8-22-05.) |
3 | | (10 ILCS 5/19A-35)
|
4 | | Sec. 19A-35. Procedure for voting.
|
5 | | (a) Not more than 23 days before the start of the election, |
6 | | the county clerk
shall make available to the election official |
7 | | conducting early voting by
personal
appearance a sufficient |
8 | | number of early ballots, envelopes, and printed voting
|
9 | | instruction slips for the use of early voters. The election |
10 | | official shall
receipt for all ballots received and shall |
11 | | return unused or spoiled ballots at
the close of the early |
12 | | voting period to the county clerk and must strictly
account for |
13 | | all ballots received. The ballots delivered to the election
|
14 | | official must include early ballots for each precinct in the |
15 | | election
authority's jurisdiction and must include separate |
16 | | ballots for each political
subdivision conducting an election |
17 | | of officers or a referendum at that
election.
|
18 | | (b) In conducting early voting under this Article, the |
19 | | election judge or official is
required to verify the signature |
20 | | of the early voter by comparison with the
signature on the
|
21 | | official registration card, and the judge or official must |
22 | | verify (i) (i) the identity
of the applicant, (ii) that the |
23 | | applicant is a registered voter, (ii) (iii) the
precinct in |
24 | | which the applicant is registered, and (iii) (iv) the proper |
25 | | ballots of
the political subdivision in which the applicant |
|
| | SB0172 Enrolled | - 211 - | LRB098 04408 HLH 34436 b |
|
|
1 | | resides and is entitled to
vote before providing an early |
2 | | ballot to the applicant. Except for during the 2014 general |
3 | | election, the applicant's identity must be verified by the |
4 | | applicant's presentation of an Illinois driver's license, a |
5 | | non-driver identification card issued by the Illinois |
6 | | Secretary of State, a photo identification card issued by a |
7 | | university or college, or another government-issued |
8 | | identification document containing the applicant's photograph. |
9 | | The election judge or official
must verify the applicant's |
10 | | registration from the most recent poll list
provided by the
|
11 | | election authority, and if the applicant is not listed on that |
12 | | poll list, by
telephoning the office of the election authority.
|
13 | | (b-5) A person requesting an early voting ballot to whom a |
14 | | vote by mail an absentee ballot was issued may vote early if |
15 | | the person submits that vote by mail absentee ballot to the |
16 | | judges of election or official conducting early voting for |
17 | | cancellation. If the voter is unable to submit the vote by mail |
18 | | absentee ballot, it shall be sufficient for the voter to submit |
19 | | to the judges or official (i) a portion of the vote by mail |
20 | | absentee ballot if the vote by mail absentee ballot was torn or |
21 | | mutilated or (ii) an affidavit executed before the judges or |
22 | | official specifying that (A) the voter never received a vote by |
23 | | mail an absentee ballot or (B) the voter completed and returned |
24 | | a vote by mail an absentee ballot and was informed that the |
25 | | election authority did not receive that vote by mail absentee |
26 | | ballot. |
|
| | SB0172 Enrolled | - 212 - | LRB098 04408 HLH 34436 b |
|
|
1 | | (b-10) Within one day after a voter casts an early voting |
2 | | ballot, the election authority shall transmit the voter's name, |
3 | | street address, and precinct, ward, township, and district |
4 | | numbers, as the case may be, to the State Board of Elections, |
5 | | which shall maintain those names and that information in an |
6 | | electronic format on its website, arranged by county and |
7 | | accessible to State and local political committees. |
8 | | (b-15) Immediately after voting an early ballot, the voter |
9 | | shall be instructed whether the voting equipment accepted or |
10 | | rejected the ballot or identified that ballot as under-voted |
11 | | for a statewide constitutional office. A voter whose ballot is |
12 | | identified as under-voted may return to the voting booth and |
13 | | complete the voting of that ballot. A voter whose early voting |
14 | | ballot is not accepted by the voting equipment may, upon |
15 | | surrendering the ballot, request and vote another early voting |
16 | | ballot. The voter's surrendered ballot
shall be initialed by |
17 | | the election judge or official conducting the early voting and |
18 | | handled as provided in the appropriate
Article governing the |
19 | | voting equipment used.
|
20 | | (c) The sealed early ballots in their carrier envelope |
21 | | shall be delivered by
the election authority to the central |
22 | | ballot counting location before the close of the
polls on the |
23 | | day of the election.
|
24 | | (Source: P.A. 98-691, eff. 7-1-14.) |
25 | | (10 ILCS 5/19A-75)
|
|
| | SB0172 Enrolled | - 213 - | LRB098 04408 HLH 34436 b |
|
|
1 | | Sec. 19A-75. Early voting in jurisdictions using Direct |
2 | | Recording Electronic Voting Systems under Article 24C. |
3 | | Election authorities that have adopted for use Direct Recording |
4 | | Electronic Voting Systems under Article 24C may either use |
5 | | those voting systems to conduct early voting or, so long as at |
6 | | least one Direct Recording Electronic Voting System device is |
7 | | available at each early voting polling place, use whatever |
8 | | method the election authority uses for vote by mail absentee |
9 | | balloting conducted by mail ; provided that no early ballots are |
10 | | counted before the polls close on election day.
|
11 | | (Source: P.A. 94-645, eff. 8-22-05.)
|
12 | | (10 ILCS 5/20-1) (from Ch. 46, par. 20-1)
|
13 | | Sec. 20-1.
The following words and phrases contained in |
14 | | this Article
shall be construed as follows:
|
15 | | 1. "Territorial limits of the United States" means each of |
16 | | the several
States of the United States and includes the |
17 | | District of Columbia, the
Commonwealth of Puerto Rico, Guam and |
18 | | the Virgin Islands; but does not
include American Samoa, the |
19 | | Canal Zone, the Trust Territory of the Pacific
Islands or any |
20 | | other territory or possession of the United States.
|
21 | | 2. "Member of the United States Service" means (a) members |
22 | | of the Armed
Forces while on active duty and their spouses and |
23 | | dependents of voting
age when residing with or accompanying |
24 | | them, (b) members of the Merchant
Marine of the United States |
25 | | and their spouses and dependents when residing
with or |
|
| | SB0172 Enrolled | - 214 - | LRB098 04408 HLH 34436 b |
|
|
1 | | accompanying them and (c) United States government employees |
2 | | serving
outside the territorial limits of the United States.
|
3 | | 3. "Citizens of the United States temporarily residing |
4 | | outside the
territorial limits of the United States" means |
5 | | civilian citizens of the
United States and their spouses and |
6 | | dependents of voting age when residing
with or accompanying |
7 | | them, who maintain a precinct residence in a county in
this |
8 | | State and whose intent to return may be ascertained.
|
9 | | 4. "Non-Resident Civilian Citizens" means civilian |
10 | | citizens of the United
States (a) who reside outside the |
11 | | territorial limits of the United States,
(b) who had maintained |
12 | | a precinct residence in a county in this State
immediately |
13 | | prior to their departure from the United States, (c) who do not
|
14 | | maintain a residence and are not registered to vote in any |
15 | | other State, and
(d) whose intent to return to this State may |
16 | | be uncertain.
|
17 | | 5. "Official postcard" means the postcard application for |
18 | | registration
to vote or for a vote by mail an absentee ballot |
19 | | in the form provided in Section 204(c)
of the Federal Voting |
20 | | Rights Act of 1955, as amended (42 U.S.C. 1973cc-14(c)).
|
21 | | 6. "Federal office" means the offices of President and |
22 | | Vice-President
of the United States, United States Senator, |
23 | | Representative in Congress,
delegates and alternate delegates |
24 | | to the national nominating conventions
and candidates for the |
25 | | Presidential Preference Primary.
|
26 | | 7. "Federal election" means any general, primary or special |
|
| | SB0172 Enrolled | - 215 - | LRB098 04408 HLH 34436 b |
|
|
1 | | election at
which candidates are nominated or elected to |
2 | | Federal office.
|
3 | | 8. "Dependent", for purposes of this Article, shall mean a |
4 | | father, mother,
brother, sister, son or daughter.
|
5 | | 9. "Electronic transmission" includes, but is not limited |
6 | | to, transmission by electronic mail or the Internet. |
7 | | (Source: P.A. 96-1004, eff. 1-1-11.)
|
8 | | (10 ILCS 5/20-2) (from Ch. 46, par. 20-2)
|
9 | | Sec. 20-2. Any member of the United States Service, |
10 | | otherwise qualified
to vote, who expects in the course of his |
11 | | duties to be absent from the
county in which he resides on the |
12 | | day of holding any election may make
application for a vote by |
13 | | mail an absentee ballot to the election authority having
|
14 | | jurisdiction over his precinct of residence on the official |
15 | | postcard or on
a form furnished by the election authority as |
16 | | prescribed by Section 20-3 of
this Article not less than 10 |
17 | | days before the election. A request pursuant
to this Section |
18 | | shall entitle the applicant to a vote by mail an absentee |
19 | | ballot for every
election in one calendar year. The original |
20 | | application for ballot shall be
kept in the office of the |
21 | | election authority for one year as authorization
to send a |
22 | | ballot to the voter for each election to be held within that
|
23 | | calendar year. A certified copy of such application for ballot |
24 | | shall be
sent each election with the vote by mail absentee |
25 | | ballot to the election authority's central ballot counting |
|
| | SB0172 Enrolled | - 216 - | LRB098 04408 HLH 34436 b |
|
|
1 | | location to be used
in lieu of the original application for |
2 | | ballot. No registration shall be
required in order to vote |
3 | | pursuant to this Section.
|
4 | | Ballots under this Section shall be mailed by the election |
5 | | authority in
the manner prescribed by Section 20-5 of this |
6 | | Article and not otherwise.
Ballots voted under this Section |
7 | | must be returned postmarked no later than midnight preceding |
8 | | election day and received for counting at the central ballot |
9 | | counting location of the election authority during the period |
10 | | for counting provisional ballots, the last day of which is the |
11 | | 14th day following election day.
|
12 | | (Source: P.A. 96-312, eff. 1-1-10.)
|
13 | | (10 ILCS 5/20-2.1) (from Ch. 46, par. 20-2.1)
|
14 | | Sec. 20-2.1. Citizens of the United States temporarily |
15 | | residing outside
the territorial limits of the United States |
16 | | who are not registered but
otherwise qualified to vote and who |
17 | | expect to be absent from their county
of residence during the |
18 | | periods of voter registration provided for in
Articles 4, 5 or |
19 | | 6 of this Code and on the day of holding any election, may
make |
20 | | simultaneous application to the election authority having |
21 | | jurisdiction
over their precinct of residence for an absentee |
22 | | registration by mail and vote by mail absentee
ballot not less |
23 | | than 30 days before the election. Such application may be
made |
24 | | on the official postcard or on a form furnished by the election
|
25 | | authority as prescribed by Section 20-3 of this Article or by |
|
| | SB0172 Enrolled | - 217 - | LRB098 04408 HLH 34436 b |
|
|
1 | | facsimile or electronic transmission. A request pursuant
to |
2 | | this Section shall entitle the applicant to a vote by mail an |
3 | | absentee ballot for every
election in one calendar year. The |
4 | | original application for ballot shall be
kept in the office of |
5 | | the election authority for one year as authorization
to send a |
6 | | ballot to the voter for each election to be held within that
|
7 | | calendar year. A certified copy of such application for ballot |
8 | | shall be
sent each election with the vote by mail absentee |
9 | | ballot to the election authority's central ballot counting |
10 | | location to be used
in lieu of the original application for |
11 | | ballot.
|
12 | | Registration shall be required in order to vote pursuant to |
13 | | this Section.
However, if the election authority receives one |
14 | | of such applications after
30 days but not less than 10 days |
15 | | before a Federal election, said applicant
shall be sent a |
16 | | ballot containing the Federal offices only and registration
for |
17 | | that election shall be waived.
|
18 | | Ballots under this Section shall be delivered by the |
19 | | election authority in
the manner prescribed by Section 20-5 of |
20 | | this Article in person, by mail, or, if requested by the |
21 | | applicant and the election authority has the capability, by |
22 | | facsimile transmission or by electronic transmission.
|
23 | | Ballots voted under this Section must be returned |
24 | | postmarked no later than midnight preceding election day and |
25 | | received for counting at the central ballot counting location |
26 | | of the election authority during the period for counting |
|
| | SB0172 Enrolled | - 218 - | LRB098 04408 HLH 34436 b |
|
|
1 | | provisional ballots, the last day of which is the 14th day |
2 | | following election day.
|
3 | | (Source: P.A. 96-312, eff. 1-1-10; 96-1004, eff. 1-1-11.)
|
4 | | (10 ILCS 5/20-2.2) (from Ch. 46, par. 20-2.2)
|
5 | | Sec. 20-2.2. Any non-resident civilian citizen, otherwise |
6 | | qualified to
vote, may make application to the election |
7 | | authority having jurisdiction
over his precinct of former |
8 | | residence for a vote by mail an absentee ballot containing
the |
9 | | Federal offices only not less than 10 days before a Federal |
10 | | election.
Such application may be made on the official postcard |
11 | | or by facsimile or electronic transmission. A request
pursuant |
12 | | to this Section shall entitle the applicant to a vote by mail |
13 | | an absentee ballot
for every election in one calendar year at |
14 | | which Federal offices are
filled. The original application for |
15 | | ballot shall be kept in the office of
the election authority |
16 | | for one year as authorization to send a ballot to
the voter for |
17 | | each election to be held within that calendar year at which
|
18 | | Federal offices are filled. A certified copy of such |
19 | | application for
ballot shall be sent each election with the |
20 | | vote by mail absentee ballot to the election authority's |
21 | | central ballot counting location to be used in lieu of the |
22 | | original application for ballot.
No registration shall be |
23 | | required in order to vote pursuant to this Section.
Ballots |
24 | | under this Section shall be delivered by the election authority |
25 | | in
the manner prescribed by Section 20-5 of this Article in |
|
| | SB0172 Enrolled | - 219 - | LRB098 04408 HLH 34436 b |
|
|
1 | | person, by mail, or, if requested by the applicant and the |
2 | | election authority has the capability, by facsimile |
3 | | transmission or by electronic transmission.
Ballots voted |
4 | | under this Section must be returned postmarked no later than |
5 | | midnight preceding election day and received for counting at |
6 | | the central ballot counting location of the election authority |
7 | | during the period for counting provisional ballots, the last |
8 | | day of which is the 14th day following election day.
|
9 | | (Source: P.A. 96-312, eff. 1-1-10; 96-1004, eff. 1-1-11.)
|
10 | | (10 ILCS 5/20-2.3) (from Ch. 46, par. 20-2.3)
|
11 | | Sec. 20-2.3. Members of the Armed Forces and their spouses |
12 | | and dependents. Any member of the United
States Armed Forces |
13 | | while on active duty, and his or her spouse and dependents, |
14 | | otherwise qualified to vote, who
expects in the course of his |
15 | | or her duties to be absent from the county in
which he or she |
16 | | resides on the day of holding any election, in addition to any
|
17 | | other method of making application for vote by mail an absentee |
18 | | ballot under this
Article, may make application for a vote by |
19 | | mail an absentee ballot to the election
authority having |
20 | | jurisdiction over his or her precinct of residence by a
|
21 | | facsimile machine or electronic transmission not less than 10 |
22 | | days before
the election.
|
23 | | Ballots under this Section shall be delivered by the |
24 | | election authority in
the manner prescribed by Section 20-5 of |
25 | | this Article in person, by mail, or, if requested by the |
|
| | SB0172 Enrolled | - 220 - | LRB098 04408 HLH 34436 b |
|
|
1 | | applicant and the election authority has the capability, by |
2 | | facsimile transmission or by electronic transmission.
Ballots |
3 | | voted under this Section must be returned postmarked no later |
4 | | than midnight preceding election day and received for counting |
5 | | at the central ballot counting location of the election |
6 | | authority during the period for counting provisional ballots, |
7 | | the last day of which is the 14th day following election day.
|
8 | | (Source: P.A. 96-312, eff. 1-1-10; 96-512, eff. 1-1-10; |
9 | | 96-1000, eff. 7-2-10; 96-1004, eff. 1-1-11.)
|
10 | | (10 ILCS 5/20-3) (from Ch. 46, par. 20-3)
|
11 | | Sec. 20-3.
The election authority shall furnish the |
12 | | following
applications for absentee registration by mail or |
13 | | vote by mail absentee ballot which shall be
considered a method |
14 | | of application in lieu of the official postcard.
|
15 | | 1. Members of the United States Service, citizens of the |
16 | | United
States temporarily residing outside the territorial |
17 | | limits of the United
States, and certified program participants |
18 | | under the Address Confidentiality
for Victims of Domestic |
19 | | Violence Act may make application within the periods
prescribed |
20 | | in Sections
20-2 or 20-2.1, as the case may be. Such |
21 | | application shall be
substantially in the following form:
|
22 | | "APPLICATION FOR BALLOT
|
23 | | To be voted at the............ election in the precinct in |
24 | | which is
located my residence at..............., in the |
25 | | city/village/township of
............(insert home address) |
|
| | SB0172 Enrolled | - 221 - | LRB098 04408 HLH 34436 b |
|
|
1 | | County of........... and State of
Illinois.
|
2 | | I state that I am a citizen of the United States; that on |
3 | | (insert
date of election) I shall have resided in the State of |
4 | | Illinois and in
the election precinct for 30 days; that on the |
5 | | above date I shall be the
age of 18 years or above; that I am |
6 | | lawfully entitled to vote in such
precinct at that election; |
7 | | that I am (check category 1, 2, or 3
below):
|
8 | | 1. ( ) a member of the United States Service,
|
9 | | 2. ( ) a citizen of the United States temporarily residing |
10 | | outside
the territorial limits of the United States and that I |
11 | | expect to be
absent from the said county of my residence on the |
12 | | date of holding such
election, and that I will have no |
13 | | opportunity to vote in person on that
day.
|
14 | | 3. ( ) a certified program participant under the Address
|
15 | | Confidentiality for Victims of Domestic Violence Act.
|
16 | | I hereby make application for an official ballot or ballots |
17 | | to be
voted by me at such election if I am absent from the said |
18 | | county of my
residence, and I agree that I shall return said |
19 | | ballot or ballots to the
election authority postmarked no later |
20 | | than midnight preceding election day, for counting no later |
21 | | than during the period for counting provisional ballots, the |
22 | | last day of which is the 14th day following election day or |
23 | | shall destroy said ballot or ballots.
|
24 | | (Check below only if category 2 or 3 and not previously |
25 | | registered)
|
26 | | ( ) I hereby make application to become registered as a |
|
| | SB0172 Enrolled | - 222 - | LRB098 04408 HLH 34436 b |
|
|
1 | | voter and
agree to return the forms and affidavits for |
2 | | registration to the
election authority not later than 30 days |
3 | | before the election.
|
4 | | Under penalties as provided by law pursuant to Article 29 |
5 | | of The
Election Code, the undersigned certifies that the |
6 | | statements set forth
in this application are true and correct.
|
7 | | .........................
|
8 | | Post office address or service address to which |
9 | | registration
materials or ballot should be mailed
|
10 | | .........................
|
11 | | .........................
|
12 | | .........................
|
13 | | ........................"
|
14 | | If application is made for a primary election ballot, such
|
15 | | application shall designate the name of the political party |
16 | | with which
the applicant is affiliated.
|
17 | | Such applications may be obtained from the election |
18 | | authority having
jurisdiction over the person's precinct of |
19 | | residence.
|
20 | | 2. A spouse or dependent of a member of the United States |
21 | | Service,
said spouse or dependent being a registered voter in |
22 | | the county, may
make application on behalf of said person in |
23 | | the office of the election
authority within the periods |
24 | | prescribed in Section 20-2 which shall be
substantially in the |
25 | | following form:
|
26 | | "APPLICATION FOR BALLOT to be voted at the........... election |
|
| | SB0172 Enrolled | - 223 - | LRB098 04408 HLH 34436 b |
|
|
1 | | in
the precinct in which is located the residence of the person |
2 | | for whom
this application is made at.............(insert |
3 | | residence address) in
the city/village/township of......... |
4 | | County of.......... and State
of Illinois.
|
5 | | I certify that the following named person................ |
6 | | (insert
name of person) is a member of the United States |
7 | | Service.
|
8 | | I state that said person is a citizen of the United States; |
9 | | that on
(insert date of election) said person shall have |
10 | | resided in the State of
Illinois and in the election precinct |
11 | | for which this application is made
for 30 days; that on the |
12 | | above date said person shall be the age of 18
years or above; |
13 | | that said person is lawfully entitled to vote in such
precinct |
14 | | at that election; that said person is a member of the United
|
15 | | States Service, and that in the course of his duties said |
16 | | person expects
to be absent from his county of residence on the |
17 | | date of holding such
election, and that said person will have |
18 | | no opportunity to vote in
person on that day.
|
19 | | I hereby make application for an official ballot or ballots |
20 | | to be
voted by said person at such election and said person |
21 | | agrees that he
shall return said ballot or ballots to the |
22 | | election authority postmarked no later than midnight preceding |
23 | | election day, for counting no later than during the period for |
24 | | counting provisional ballots, the last day of which is the 14th |
25 | | day following election day, or shall destroy
said ballot or |
26 | | ballots.
|
|
| | SB0172 Enrolled | - 224 - | LRB098 04408 HLH 34436 b |
|
|
1 | | I hereby certify that I am the (mother, father, sister, |
2 | | brother,
husband or wife) of the said elector, and that I am a |
3 | | registered voter
in the election precinct for which this |
4 | | application is made. (Strike all
but one that is applicable.)
|
5 | | Under penalties as provided by law pursuant to Article 29 |
6 | | of The
Election Code, the undersigned certifies that the |
7 | | statements set forth
in this application are true and correct.
|
8 | | Name of applicant ......................
|
9 | | Residence address ........................
|
10 | | City/village/township........................
|
11 | | Service address to which ballot should be mailed:
|
12 | | .........................
|
13 | | .........................
|
14 | | .........................
|
15 | | ........................"
|
16 | | If application is made for a primary election ballot, such
|
17 | | application shall designate the name of the political party |
18 | | with which
the person for whom application is made is |
19 | | affiliated.
|
20 | | Such applications may be obtained from the election |
21 | | authority having
jurisdiction over the voting precinct in which |
22 | | the person for whom
application is made is entitled to vote.
|
23 | | (Source: P.A. 96-312, eff. 1-1-10.)
|
24 | | (10 ILCS 5/20-4)
(from Ch. 46, par. 20-4)
|
25 | | Sec. 20-4. Immediately upon the receipt of the official |
|
| | SB0172 Enrolled | - 225 - | LRB098 04408 HLH 34436 b |
|
|
1 | | postcard or
an application as provided in Section 20-3 within |
2 | | the times heretofore
prescribed, the election authority shall |
3 | | ascertain whether or not such
applicant is legally entitled to |
4 | | vote as requested, including verification of the applicant's |
5 | | signature by comparison with the signature on the official |
6 | | registration record card, if any. If the election
authority |
7 | | ascertains that the applicant
is lawfully entitled to vote, it |
8 | | shall enter the name, street address,
ward and precinct number |
9 | | of such applicant on a list to be posted in his
or its office in |
10 | | a place accessible to the public.
Within one day after posting |
11 | | the name and other information of an
applicant for a ballot, |
12 | | the election authority shall transmit that name and
posted |
13 | | information to the State Board of Elections, which shall |
14 | | maintain the
names and other information in an electronic |
15 | | format on its website, arranged by
county and accessible to |
16 | | State and local political committees.
As soon as the
official |
17 | | ballot is prepared the election authority shall immediately
|
18 | | deliver the same to the applicant in person, by mail, by |
19 | | facsimile transmission, or by electronic transmission as |
20 | | provided in this Article.
|
21 | | If any such election authority receives a second or |
22 | | additional
application which it believes is from the same |
23 | | person, he or it shall
submit it to the chief judge of the |
24 | | circuit court or any judge of that
court designated by the |
25 | | chief judge. If the chief judge or his designate
determines |
26 | | that the application submitted to him is a second or
additional |
|
| | SB0172 Enrolled | - 226 - | LRB098 04408 HLH 34436 b |
|
|
1 | | one, he shall so notify the election authority who shall
|
2 | | disregard the second or additional application.
|
3 | | The election authority shall maintain a list for each |
4 | | election of the
voters to whom it has issued vote by mail |
5 | | absentee ballots. The list
shall be maintained for each |
6 | | precinct within the jurisdiction of the
election authority. |
7 | | Prior to the opening of the polls on election day,
the election |
8 | | authority shall deliver to the judges of election in each
|
9 | | precinct the list of registered voters in that precinct to whom |
10 | | vote by mail absentee
ballots have been issued.
|
11 | | Election authorities may transmit by facsimile or other |
12 | | electronic means a ballot simultaneously with transmitting an |
13 | | application for vote by mail absentee ballot; however, no such |
14 | | ballot shall be counted unless an application has been |
15 | | completed by the voter and the election authority ascertains |
16 | | that the applicant is lawfully entitled to vote as provided in |
17 | | this Section. |
18 | | (Source: P.A. 96-1004, eff. 1-1-11.)
|
19 | | (10 ILCS 5/20-5) (from Ch. 46, par. 20-5)
|
20 | | Sec. 20-5.
The election authority shall fold the ballot or |
21 | | ballots in
the manner specified by the statute for folding |
22 | | ballots prior to their
deposit in the ballot box and shall |
23 | | enclose such ballot in an envelope
unsealed to be furnished by |
24 | | it, which envelope shall bear upon the face
thereof the name, |
25 | | official title and post office address of the election
|
|
| | SB0172 Enrolled | - 227 - | LRB098 04408 HLH 34436 b |
|
|
1 | | authority, and upon the other side of such envelope there shall |
2 | | be
printed a certification in substantially the following form:
|
3 | | "CERTIFICATION
|
4 | | I state that I am a resident/former resident of the ....... |
5 | | precinct of
the city/village/township of ............, |
6 | | (Designation to be made by
Election Authority) or of the .... |
7 | | ward in the city of ...........
(Designation to be made by |
8 | | Election Authority) residing at ................
in said |
9 | | city/village/township in the county of ........... and State of
|
10 | | Illinois; that I am a
|
11 | | 1. ( ) member of the United States Service
|
12 | | 2. ( ) citizen of the United States temporarily residing |
13 | | outside the
territorial limits of the United States
|
14 | | 3. ( ) nonresident civilian citizen
|
15 | | and desire to cast the enclosed ballot pursuant to Article 20 |
16 | | of The Election
Code; that I am lawfully entitled to vote in |
17 | | such precinct at the ...........
election to be held on |
18 | | ............
|
19 | | I further state that I marked the enclosed ballot in |
20 | | secret.
|
21 | | Under penalties as provided by law pursuant to Article 29 |
22 | | of The
Election Code, the undersigned certifies that the |
23 | | statements set forth
in this certification are true and |
24 | | correct.
|
25 | | ...............(Name)
|
26 | | .....................
|
|
| | SB0172 Enrolled | - 228 - | LRB098 04408 HLH 34436 b |
|
|
1 | | (Service Address)"
|
2 | | .....................
|
3 | | .....................
|
4 | | .....................
|
5 | | If the ballot enclosed is to be voted at a primary |
6 | | election, the
certification shall designate the name of the |
7 | | political party with which
the voter is affiliated.
|
8 | | In addition to the above, the election authority shall |
9 | | provide
printed slips giving full instructions regarding the |
10 | | manner of completing
the forms and affidavits for absentee |
11 | | registration by mail or the manner of marking
and returning the |
12 | | ballot in order that the same may be counted, and
shall furnish |
13 | | one of the printed slips to each of the applicants at the
same |
14 | | time the registration materials or ballot is delivered to him.
|
15 | | In addition to the above, if a ballot to be provided to an |
16 | | elector
pursuant to this Section contains a public question |
17 | | described in subsection
(b) of Section 28-6 and the territory |
18 | | concerning which the question is
to be submitted is not |
19 | | described on the ballot due to the space limitations
of such |
20 | | ballot, the election authority shall provide a printed copy of
|
21 | | a notice of the public question, which shall include a |
22 | | description of the
territory in the manner required by Section |
23 | | 16-7. The
notice shall be furnished to the elector at the same |
24 | | time the ballot
is delivered to the elector.
|
25 | | The envelope in which such registration or such ballot is |
26 | | mailed to the
voter as well as the envelope in which the |
|
| | SB0172 Enrolled | - 229 - | LRB098 04408 HLH 34436 b |
|
|
1 | | registration materials or the
ballot is returned by the voter |
2 | | shall have
printed across the face thereof two parallel |
3 | | horizontal red bars, each
one-quarter inch wide, extending from |
4 | | one side of the envelope to the
other side, with an intervening |
5 | | space of one-quarter inch, the top bar
to be one and |
6 | | one-quarter inches from the top of the envelope, and with
the |
7 | | words "Official Election Balloting Material-VIA AIR MAIL" |
8 | | between the
bars. In the upper right corner of such envelope in |
9 | | a box, there shall be
printed the words: "U.S. Postage Paid 42 |
10 | | USC 1973". All printing
on the face of such envelopes shall be |
11 | | in red, including an appropriate
inscription or blank in the |
12 | | upper left corner of return address of sender.
|
13 | | The envelope in which the ballot is returned to the |
14 | | election authority may be delivered (i) by mail, postage paid, |
15 | | (ii) in person, by the spouse, parent, child, brother, or |
16 | | sister of the voter, or (iii) by a company engaged in the |
17 | | business of making deliveries of property and licensed as a |
18 | | motor carrier of property by the Illinois Commerce Commission |
19 | | under the Illinois Commercial Transportation Law. |
20 | | Election authorities transmitting ballots by facsimile or |
21 | | electronic transmission shall, to the extent possible, provide |
22 | | those applicants with the same instructions, certification, |
23 | | and other materials required when sending by mail. |
24 | | (Source: P.A. 96-512, eff. 1-1-10; 96-1004, eff. 1-1-11.)
|
25 | | (10 ILCS 5/20-6) (from Ch. 46, par. 20-6)
|
|
| | SB0172 Enrolled | - 230 - | LRB098 04408 HLH 34436 b |
|
|
1 | | Sec. 20-6.
Such vote by mail absent voter shall make and |
2 | | subscribe to the certifications
provided for in the application |
3 | | and on the return envelope for the
ballot, and such ballot or |
4 | | ballots shall then be folded by such voter in
the manner |
5 | | required to be folded before depositing the same in the
ballot |
6 | | box, and be deposited in such envelope and the envelope |
7 | | securely
sealed. The envelope in which the ballot is returned |
8 | | to the election authority may be delivered (i) by mail, postage |
9 | | paid, (ii) in person, by the spouse, parent, child, brother, or |
10 | | sister of the voter, or (iii) by a company engaged in the |
11 | | business of making deliveries of property and licensed as a |
12 | | motor carrier of property by the Illinois Commerce Commission |
13 | | under the Illinois Commercial Transportation Law.
|
14 | | (Source: P.A. 96-512, eff. 1-1-10.)
|
15 | | (10 ILCS 5/20-7) (from Ch. 46, par. 20-7)
|
16 | | Sec. 20-7.
Upon receipt of such vote by mail absent voter's |
17 | | ballot, the officer or
officers above described shall forthwith |
18 | | enclose the same unopened,
together with the application made |
19 | | by said vote by mail absent voter in a large or
carrier |
20 | | envelope which shall be securely sealed and endorsed with the
|
21 | | name and official title of such officer and the words, "This |
22 | | envelope
contains a vote by mail an absent voter's ballot and |
23 | | must be opened
on election day," together with
the number and |
24 | | description of the precinct in which said ballot is to be
|
25 | | voted, and such officer shall thereafter safely keep the same |
|
| | SB0172 Enrolled | - 231 - | LRB098 04408 HLH 34436 b |
|
|
1 | | in his
office until counted by him as provided in the next |
2 | | section.
|
3 | | (Source: P.A. 81-155.)
|
4 | | (10 ILCS 5/20-8) (from Ch. 46, par. 20-8)
|
5 | | Sec. 20-8. Time and place of counting ballots. |
6 | | (a) (Blank.) |
7 | | (b) Each vote by mail absent voter's ballot returned to an |
8 | | election authority, by any means authorized by this Article, |
9 | | and received by that election authority may be processed by the |
10 | | election authority beginning on the 15th day before election |
11 | | day before the closing of the polls on election day shall be |
12 | | endorsed by the receiving election authority with the day and |
13 | | hour of receipt and shall be counted in the central ballot |
14 | | counting location of the election authority , but the results of |
15 | | the processing may not be counted until on the day of the |
16 | | election after 7:00 p.m., except as provided in subsections (g) |
17 | | and (g-5).
|
18 | | (c) Each vote by mail absent voter's ballot that is mailed |
19 | | to an election authority and postmarked no later than by the |
20 | | midnight preceding the opening of the polls on election day, |
21 | | but that is received by the election authority after the polls |
22 | | close on election day and before the close of the period for |
23 | | counting provisional ballots cast at that election, shall be |
24 | | endorsed by the receiving authority with the day and hour of |
25 | | receipt and shall be counted at the central ballot counting |
|
| | SB0172 Enrolled | - 232 - | LRB098 04408 HLH 34436 b |
|
|
1 | | location of the election authority during the period for |
2 | | counting provisional ballots. |
3 | | Each vote by mail absent voter's ballot that is mailed to |
4 | | an election authority absent a postmark, but that is received |
5 | | by the election authority after the polls close on election day |
6 | | and before the close of the period for counting provisional |
7 | | ballots cast at that election, shall be endorsed by the |
8 | | receiving authority with the day and hour of receipt, opened to |
9 | | inspect the date inserted on the certification, and, if the |
10 | | certification date is a date preceding the election day and the |
11 | | ballot is otherwise found to be valid under the requirements of |
12 | | this Section, counted at the central ballot counting location |
13 | | of the election authority during the period for counting |
14 | | provisional ballots. Absent a date on the certification, the |
15 | | ballot shall not be counted.
|
16 | | (d) Special write-in vote by mail absentee voter's blank |
17 | | ballots returned to an election authority, by any means |
18 | | authorized by this Article, and received by the election |
19 | | authority at any time before the closing of the polls on |
20 | | election day shall be endorsed by the receiving election |
21 | | authority with the day and hour of receipt and shall be counted |
22 | | at the central ballot counting location of the election |
23 | | authority during the same period provided for counting vote by |
24 | | mail absent voters' ballots under subsections (b), (g), and |
25 | | (g-5). Special write-in vote by mail absentee voter's blank |
26 | | ballot that are mailed to an election authority and postmarked |
|
| | SB0172 Enrolled | - 233 - | LRB098 04408 HLH 34436 b |
|
|
1 | | by midnight preceding the opening of the polls on election day, |
2 | | but that are received by the election authority after the polls |
3 | | close on election day and before the closing of the period for |
4 | | counting provisional ballots cast at that election, shall be |
5 | | endorsed by the receiving authority with the day and hour of |
6 | | receipt and shall be counted at the central ballot counting |
7 | | location of the election authority during the same periods |
8 | | provided for counting vote by mail absent voters' ballots under |
9 | | subsection (c).
|
10 | | (e) Except as otherwise provided in this Section, vote by |
11 | | mail absent voters' ballots and special write-in vote by mail |
12 | | absentee voter's blank ballots received by the election |
13 | | authority after the closing of the polls on the day of election |
14 | | shall be
endorsed by the person receiving the ballots with the |
15 | | day and hour of
receipt and shall be safely kept unopened by |
16 | | the election authority for
the period of time required for the |
17 | | preservation of ballots used at the
election, and shall then, |
18 | | without being opened, be destroyed in like
manner as the used |
19 | | ballots of that election.
|
20 | | (f) Counting required under this Section to begin on |
21 | | election day after the closing of the polls shall commence no |
22 | | later than 8:00 p.m. and shall be conducted
by a panel or |
23 | | panels of election judges appointed in the manner provided
by |
24 | | law. The counting shall continue until all vote by mail absent |
25 | | voters' ballots and special write-in vote by mail absentee |
26 | | voter's blank ballots required to be counted on election day |
|
| | SB0172 Enrolled | - 234 - | LRB098 04408 HLH 34436 b |
|
|
1 | | have been counted.
|
2 | | (g) The procedures set forth in Articles 17 and
18 of this |
3 | | Code shall apply to all ballots counted under
this Section. In |
4 | | addition, within 2 days after a ballot subject to this Article |
5 | | is received, but in all cases before the close of the period |
6 | | for counting provisional ballots, the election judge or |
7 | | official shall compare the voter's signature on the |
8 | | certification envelope of that ballot with the signature of the |
9 | | voter on file in the office of the election authority. If the |
10 | | election judge or official determines that the 2 signatures |
11 | | match, and that the voter is otherwise qualified to cast a |
12 | | ballot under this Article, the election authority shall cast |
13 | | and count the ballot on election day or the day the ballot is |
14 | | determined to be valid, whichever is later, adding the results |
15 | | to the precinct in which the voter is registered. If the |
16 | | election judge or official determines that the signatures do |
17 | | not match, or that the voter is not qualified to cast a ballot |
18 | | under this Article, then without opening the certification |
19 | | envelope, the judge or official shall mark across the face of |
20 | | the certification envelope the word "Rejected" and shall not |
21 | | cast or count the ballot. |
22 | | In addition to the voter's signatures not matching, a |
23 | | ballot subject to this Article may be rejected by the election |
24 | | judge or official: |
25 | | (1) if the ballot envelope is open or has been opened |
26 | | and resealed; |
|
| | SB0172 Enrolled | - 235 - | LRB098 04408 HLH 34436 b |
|
|
1 | | (2) if the voter has already cast an early or grace |
2 | | period ballot; |
3 | | (3) if the voter voted in person on election day or the |
4 | | voter is not a duly registered voter in the precinct; or |
5 | | (4) on any other basis set forth in this Code. |
6 | | If the election judge or official determines that any of |
7 | | these reasons apply, the judge or official shall mark across |
8 | | the face of the certification envelope the word "Rejected" and |
9 | | shall not cast or count the ballot. |
10 | | (g-5) If a ballot subject to this Article is rejected by |
11 | | the election judge or official for any reason, the election |
12 | | authority shall, within 2 days after the rejection but in all |
13 | | cases before the close of the period for counting provisional |
14 | | ballots, notify the voter that his or her ballot was rejected. |
15 | | The notice shall inform the voter of the reason or reasons the |
16 | | ballot was rejected and shall state that the voter may appear |
17 | | before the election authority, on or before the 14th day after |
18 | | the election, to show cause as to why the ballot should not be |
19 | | rejected. The voter may present evidence to the election |
20 | | authority supporting his or her contention that the ballot |
21 | | should be counted. The election authority shall appoint a panel |
22 | | of 3 election judges to review the contested ballot, |
23 | | application, and certification envelope, as well as any |
24 | | evidence submitted by the vote by mail absentee voter. No more |
25 | | than 2 election judges on the reviewing panel shall be of the |
26 | | same political party. The reviewing panel of election judges |
|
| | SB0172 Enrolled | - 236 - | LRB098 04408 HLH 34436 b |
|
|
1 | | shall make a final determination as to the validity of the |
2 | | contested ballot. The judges' determination shall not be |
3 | | reviewable either administratively or judicially. |
4 | | A ballot subject to this subsection that is determined to |
5 | | be valid shall be counted before the close of the period for |
6 | | counting provisional ballots. |
7 | | (g-10) All ballots determined to be valid shall be added to |
8 | | the vote totals for the precincts for which they were cast in |
9 | | the order in which the ballots were opened.
|
10 | | (h) Each political party,
candidate, and qualified civic |
11 | | organization shall be entitled to have
present one pollwatcher |
12 | | for each panel of election judges therein assigned.
|
13 | | (Source: P.A. 94-557, eff. 8-12-05; 94-1000, eff. 7-3-06; |
14 | | 95-699, eff. 11-9-07.)
|
15 | | (10 ILCS 5/20-10) (from Ch. 46, par. 20-10)
|
16 | | Sec. 20-10.
Pollwatchers shall be
permitted to be present |
17 | | during the casting of the vote by mail absent voters' ballots
|
18 | | and the vote of any vote by mail absent voter may be challenged |
19 | | for cause the same
as if he were present and voted in person, |
20 | | and the judges of the
election or a majority thereof shall have |
21 | | power and authority to hear
and determine the legality of such |
22 | | ballot; Provided, however, that if a
challenge to any vote by |
23 | | mail absent voter's right to vote is sustained, notice of
the |
24 | | same must be given by the judges of election by mail addressed |
25 | | to
the voter's mailing address as stated in the certification |
|
| | SB0172 Enrolled | - 237 - | LRB098 04408 HLH 34436 b |
|
|
1 | | and
application for ballot.
|
2 | | (Source: P.A. 80-1090.)
|
3 | | (10 ILCS 5/20-13) (from Ch. 46, par. 20-13)
|
4 | | Sec. 20-13.
If otherwise qualified to vote, any person not |
5 | | covered by
Sections 20-2, 20-2.1 or 20-2.2 of this Article who |
6 | | is not registered to
vote and who is temporarily absent from |
7 | | his county of residence, may make
special application to the |
8 | | election authority having jurisdiction over
his precinct of |
9 | | permanent residence, not less than 5 days
before a presidential |
10 | | election, for a vote by mail an absentee ballot to vote for the
|
11 | | president and vice-president only. Such application shall be |
12 | | furnished by
the election authority and shall be in |
13 | | substantially the following form:
|
14 | | SPECIAL VOTE BY MAIL ABSENTEE BALLOT APPLICATION (For use |
15 | | by non-registered Illinois
residents temporarily absent from |
16 | | the county to vote for the president and
vice-president only)
|
17 | | AFFIDAVIT
|
18 | | 1. I hereby request a vote by mail an absentee ballot to |
19 | | vote for the president and
vice-president only ......... |
20 | | (insert date of general election)
|
21 | | 2. I am a citizen of the United States and a permanent |
22 | | resident of Illinois.
|
23 | | 3. I have maintained, and still maintain, a permanent abode |
24 | | in Illinois
for the past .......... years at: .......... |
25 | | (House) .......... (Number)
.......... (Street) .......... |
|
| | SB0172 Enrolled | - 238 - | LRB098 04408 HLH 34436 b |
|
|
1 | | (City) .......... (Village) .......... (Town)
|
2 | | 4. I will not be able to regularly register in person as a |
3 | | voter because
.................... (Give reason for temporary |
4 | | absence such as "Student",
"Temporary job transfer", etc.)
|
5 | | 5. I was born .......... (Month) .......... (Day) |
6 | | .......... (Year) in
.................... (State or County);
|
7 | | 6. To be filled in only by a person who is foreign-born (If |
8 | | answer is
"yes" in either a. or b. below, fill in appropriate |
9 | | information in c.):
|
10 | | a. One or both of my parents were United States citizens at |
11 | | the
time of my birth?
|
12 | | ( ) YES ( ) NO)
|
13 | | b. My United States citizenship was derived through an act |
14 | | of the Congress
of the United States?
|
15 | | ( ) YES ( ) NO
|
16 | | c. The name of the court issuing papers and the date |
17 | | thereof upon which
my United States citizenship was derived is |
18 | | .................... located
in .......... (City) .......... |
19 | | (State) on .......... (Month) ..........
(Day) .......... |
20 | | (Year)
|
21 | | (For persons who derived citizenship through papers issued |
22 | | through a parent
or spouse, fill in the following)
|
23 | | (1) My parents or spouse's name is:
|
24 | | ......... (First) .......... (Middle) .......... (Last)
|
25 | | (2) ........ (Month) .......... (Day) .......... (Year)
|
26 | | is the date of my marriage or my age at which time I |
|
| | SB0172 Enrolled | - 239 - | LRB098 04408 HLH 34436 b |
|
|
1 | | derived my citizenship.
|
2 | | 7. I am not registered as a voter in any other county in |
3 | | the State of
Illinois or in any other State.
|
4 | | 8. I am not requesting a ballot from any other place and am |
5 | | not voting
in any other manner in this election and I have not |
6 | | voted and do not intend
to vote in this election at any other |
7 | | address. I request that you mail
my ballot to the following |
8 | | address:
|
9 | | (Print name and complete mailing address)
|
10 | | .........................................
|
11 | | .........................................
|
12 | | .........................................
|
13 | | 9. Under penalties as provided by law pursuant to Article |
14 | | 29 of The
Election Code, the undersigned certifies that the |
15 | | statements set forth in
this application are true and correct.
|
16 | | ......................
|
17 | | Signature of Applicant
|
18 | | The procedures set forth in Sections 20-4 through 20-12 of |
19 | | this Article,
insofar as they may be made applicable, shall be |
20 | | applicable to vote by mail absentee
voting under this Section.
|
21 | | (Source: P.A. 86-875.)
|
22 | | (10 ILCS 5/20-13.1) (from Ch. 46, par. 20-13.1)
|
23 | | Sec. 20-13.1.
Any person not covered by Sections 20-2, |
24 | | 20-2.1 or 20-2.2
of this Article who is registered to vote but |
25 | | who is disqualified from voting
because he moved outside his |
|
| | SB0172 Enrolled | - 240 - | LRB098 04408 HLH 34436 b |
|
|
1 | | election precinct during the 30 days preceding
a presidential |
2 | | election may make special application to the election authority
|
3 | | having jurisdiction over his precinct of former residence by |
4 | | mail, not more
than 30 nor less than 5 days before a Federal |
5 | | election, or in person in
the office of the election authority, |
6 | | not more than 30 nor less than 1 day
before a Federal election, |
7 | | for a vote by mail an absentee ballot to vote for the president
|
8 | | and vice-president only. Such application shall be furnished by |
9 | | the election
authority and shall be in substantially the |
10 | | following form:
|
11 | | SPECIAL VOTER APPLICATION
|
12 | | (For use by registered Illinois voters disqualified for |
13 | | having moved
outside their precinct on or after the 30th day |
14 | | preceding the election,
to vote for president and |
15 | | vice-president only.)
|
16 | | 1. I hereby request a ballot to vote for president and |
17 | | vice-president
only on .......... (insert date of general |
18 | | election).
|
19 | | 2. I am a citizen of the United States and my present |
20 | | address is:
....................
(Residence Number) .......... |
21 | | (Street) ....................
(City/Village/Township)
|
22 | | .......... (County) .......... (State).
|
23 | | 3. As of .......... (Month), .......... (Day), .......... |
24 | | (Year) I was
a registered voter at .......... (Residence |
25 | | Number) .......... (Street)
.................... |
26 | | (City/Village/Township).
|
|
| | SB0172 Enrolled | - 241 - | LRB098 04408 HLH 34436 b |
|
|
1 | | 4. I moved to my present address on .......... (Month) |
2 | | .......... (Day)
.......... (Year).
|
3 | | 5. I have not registered to vote from nor have I requested |
4 | | a ballot in
any other election jurisdiction in this State or in |
5 | | another State.
|
6 | | 6. (If vote by mail absentee request), I request that you |
7 | | mail the ballot to the following address:
|
8 | | Print name and complete mailing address.
|
9 | | ........................................
|
10 | | ........................................
|
11 | | ........................................
|
12 | | Under the penalties as provided by law pursuant to Article |
13 | | 29 of The Election
Code, the undersigned certifies that the |
14 | | statements set forth in
this application are true and correct.
|
15 | | ........................
|
16 | | (Signature of Applicant)
|
17 | | 7. Subscribed and sworn to before me on .......... (Month) |
18 | | ..........
(Day) .......... (Year)
|
19 | | ........................
|
20 | | (Signature of Official
|
21 | | Administering Oath)
|
22 | | The procedures set forth in Sections 20-4 through 20-12 of |
23 | | this Article,
insofar as they may be made applicable, shall be |
24 | | applicable to vote by mail absentee
voting under this Section.
|
25 | | (Source: P.A. 90-655, eff. 7-30-98.)
|
|
| | SB0172 Enrolled | - 242 - | LRB098 04408 HLH 34436 b |
|
|
1 | | (10 ILCS 5/20-25) |
2 | | Sec. 20-25. Extraordinary procedures. In the event of a |
3 | | deployment of the United States Armed Forces or the declaration |
4 | | of an emergency by the President of the United States or the |
5 | | Governor of Illinois, The Governor or the executive director of |
6 | | the State Board of Elections may modify the registration and |
7 | | voting procedures established by this Article or by rules |
8 | | adopted pursuant to this Article for the duration of the |
9 | | deployment or emergency in order to facilitate vote by mail |
10 | | absentee voting under this Article. The Governor or executive |
11 | | director, as the case may be, then promptly shall notify each |
12 | | election authority of the changes in procedures. Each election |
13 | | authority shall publicize the modifications and shall provide |
14 | | notice of the modifications to each person under its |
15 | | jurisdiction subject to this Article for whom the election |
16 | | authority has contact information.
|
17 | | (Source: P.A. 96-1004, eff. 1-1-11.)
|
18 | | (10 ILCS 5/24-15) (from Ch. 46, par. 24-15)
|
19 | | Sec. 24-15.
As soon as the polls are closed, the voting |
20 | | machine or machines
shall be locked in order to prevent further |
21 | | voting and each machine shall
be sealed against voting and |
22 | | tampering, with a numbered metal seal, and the
number of such |
23 | | metal seal shall be recorded at once on the certificate
|
24 | | provided for that purpose, and the number on the protective |
25 | | counter of each
voting machine shall also be recorded on the |
|
| | SB0172 Enrolled | - 243 - | LRB098 04408 HLH 34436 b |
|
|
1 | | certificate in the space
provided for that purpose, and the |
2 | | number on the public counter shall be
recorded in the space |
3 | | provided for that purpose. The counting compartment
shall then |
4 | | be opened in the presence of all the precinct election |
5 | | officials
and all watchers and other persons who may be |
6 | | lawfully within the room,
giving full view of the numbers |
7 | | announcing the votes cast for each
candidate, and the vote for |
8 | | and against each of the questions or other
propositions. |
9 | | Provided, however, when a machine is equipped with a device
|
10 | | which will automatically record the number on the registering |
11 | | columns for
each candidate, question or proposition on the back |
12 | | of the machine to a
paper recording sheet then the recording |
13 | | sheet shall be removed and the
vote cast shall be announced |
14 | | from the recording sheet for each candidate
and the vote for |
15 | | and against each question or proposition. When voting
machines |
16 | | are used in an election precinct, the watchers provided by law |
17 | | to
be present in the polling place on election day shall be |
18 | | permitted to make
a record of the number on the metal seal with |
19 | | which each voting machine is
sealed, and to also record the |
20 | | number shown on the protective counter of
each voting machine, |
21 | | and such watchers shall also be permitted to examine
the |
22 | | counters of the voting machines as the totals are being |
23 | | announced for
transcription to the return sheets or from the |
24 | | recording sheets and also to
examine the return sheets or the |
25 | | recording sheets as the totals are being
recorded or checked |
26 | | thereon. In voting machine precincts where the voting
machine |
|
| | SB0172 Enrolled | - 244 - | LRB098 04408 HLH 34436 b |
|
|
1 | | is not equipped with the automatic recording sheet the officer,
|
2 | | officers board or boards charged by law to furnish the ballot |
3 | | labels for
the voting machines shall also furnish for each |
4 | | election precinct in which
a voting machine is to be used, at |
5 | | least two duplicate return sheets which
shall be used by the |
6 | | precinct election board of such election precinct for
recording |
7 | | the results of the election. Such return sheets shall be |
8 | | printed
in the form of a diagram exactly corresponding, in |
9 | | arrangement, with the
face of the voting machine, and such |
10 | | return sheets shall also correspond,
in as far as arrangement |
11 | | is concerned, with the sample ballots, and each
return sheet |
12 | | shall provide printed instructions for the exact procedure
|
13 | | which the precinct election board shall follow when making the |
14 | | canvass of
the results of the election, and such return sheets |
15 | | shall also provide the
office titles, party names, candidates' |
16 | | names and code letters and number,
arranged in the same manner |
17 | | as on the ballot labels, and there shall be
provided a space |
18 | | for inserting the serial number of each voting machine, so
that |
19 | | the totals recorded from each voting machine may be identified |
20 | | as
being from a certain voting machine, and there shall be |
21 | | provided a space
for recording such separate total for each |
22 | | candidate and constitutional
amendment, or other question or |
23 | | proposition, from each separate voting
machine, and a space for |
24 | | recording the total of the vote by mail and early mail and |
25 | | absentee vote
in the same manner, so that the final total for |
26 | | each candidate,
constitutional amendment, question or other |
|
| | SB0172 Enrolled | - 245 - | LRB098 04408 HLH 34436 b |
|
|
1 | | proposition, may be totaled by
adding all the figures in a |
2 | | column. Totals on the return sheets shall be
recorded in |
3 | | figures only, in ink. The same authorities shall also furnish
|
4 | | to each such election precinct suitable printed forms for use |
5 | | by the
precinct election board, in making out the certificates |
6 | | provided for in
this Article. Such certificates shall be made a |
7 | | part of the return sheets
if practicable, or may be on separate |
8 | | sheets.
|
9 | | (Source: Laws 1961, p. 2492.)
|
10 | | (10 ILCS 5/24-16) (from Ch. 46, par. 24-16)
|
11 | | Sec. 24-16.
The precinct election officers shall then |
12 | | ascertain the
number of votes which the candidates received |
13 | | both on the machine or
machines, and by the voting of irregular |
14 | | ballots, if any. Except when
the machine is equipped with a |
15 | | device which will automatically record
the registering column |
16 | | on the back of the machine to sheets of paper
giving the |
17 | | accurate vote cast for each candidate. Two precinct election
|
18 | | officials, not members of the same political party, shall write |
19 | | the
totals in figures, in ink, for such candidate on the |
20 | | duplicate return
sheets provided for that purpose, while one |
21 | | election officer announces
in a distinct voice the total vote |
22 | | cast for each candidate thus
ascertained in the order of the |
23 | | offices as their titles are arranged on
the ballot label, and |
24 | | the remaining precinct election official or
officials, if any, |
25 | | shall be stationed at the counter compartment of the
voting |
|
| | SB0172 Enrolled | - 246 - | LRB098 04408 HLH 34436 b |
|
|
1 | | machine being canvassed and shall watch each total as it is |
2 | | being
called out from the registering counters. Each precinct |
3 | | election
official who is recording the totals on the return |
4 | | sheets shall
distinctly repeat each total as it is announced |
5 | | from the counter of the
voting machine. The totals of each |
6 | | machine for each candidate shall be
recorded on the return |
7 | | sheets in such a manner that they may be
identified by the |
8 | | serial number of the voting machine. The vote both for
and |
9 | | against each question or other proposition shall also be |
10 | | announced
and recorded in the same manner as the vote for the |
11 | | candidates. When the
machine is equipped with a device which |
12 | | will automatically record the
registering column on the back of |
13 | | the machine to recording sheets of
paper giving the accurate |
14 | | vote cast for each candidate then the totals
cast for each |
15 | | candidate or each question or proposition shall be called
out |
16 | | the same as if they were being read from the Counter |
17 | | Compartment of
the voting machine, provided however the paper |
18 | | recording sheet shall
constitute the return sheet for the |
19 | | precinct or consolidated area and no
return sheets shall be |
20 | | required. When more than one voting machine is
used in the same |
21 | | election precinct, the canvass of the first machine
shall be |
22 | | completed before the second and so on. When the canvass of all
|
23 | | totals shall have been completed, the precinct election board |
24 | | shall
canvass all vote by mail absentee ballots in the same |
25 | | manner provided by law for
canvassing paper ballots. The totals |
26 | | of the vote by mail absentee votes for each
candidate and for |
|
| | SB0172 Enrolled | - 247 - | LRB098 04408 HLH 34436 b |
|
|
1 | | each question or other proposition shall be recorded
on the |
2 | | return sheets under the totals from the voting machines and the
|
3 | | final total of the votes received by each candidate, and each
|
4 | | constitutional amendment, question or other proposition, shall |
5 | | be
ascertained and recorded in the space provided for that |
6 | | purpose on the
return sheets. Upon the completion of the |
7 | | canvass as hereinbefore
provided, one of the precinct election |
8 | | officials shall, in a loud and
distinct voice announce the |
9 | | total votes received by each candidate, and
the total votes |
10 | | cast both for and against each constitutional amendment,
|
11 | | question or other proposition, and such proclamation shall be |
12 | | made
slowly enough so as to enable anyone desiring to do so, to |
13 | | record each
such result as it is announced. Except where a |
14 | | voting machine is
equipped with an automatic recording sheet |
15 | | when the proclamation is
completed, the election official who |
16 | | announced the totals from the
counters of the machine or |
17 | | machines, shall take his place at one of the
return sheets and |
18 | | one of the election officials of the opposite party
who has |
19 | | completed the recording of the returns on the return sheets
|
20 | | shall take his place at the counter compartment of the voting |
21 | | machine
first canvassed, and he shall then proceed to announce |
22 | | each total on
each registering counter in the same manner as it |
23 | | was done for the first
canvass. Before the recheck of the |
24 | | voting machine is begun, the two
precinct election officials |
25 | | who are to recheck the totals on the return
sheets shall |
26 | | exchange return sheets and each election official shall
then, |
|
| | SB0172 Enrolled | - 248 - | LRB098 04408 HLH 34436 b |
|
|
1 | | as the canvass proceeds, check each total as it is announced |
2 | | from
the registering counters of the voting machine or machines |
3 | | for the
second time. As each total is announced each precinct |
4 | | election official
who is checking the totals on the return |
5 | | sheets shall repeat in a loud
and distinct voice each total as |
6 | | it is announced. If any errors in the
original canvass are |
7 | | discovered they shall be corrected at once in the
presence of |
8 | | all the precinct election officials and a certificate shall
be |
9 | | prepared and signed by each such election official, setting |
10 | | forth
which errors were discovered and what corrections were |
11 | | made, and such
certificate shall be made in duplicate and one |
12 | | filed with each return
sheet. During the process of rechecking |
13 | | each total on the machines, the
precinct election official or |
14 | | officials, if any, who at the original
canvass acted as watcher |
15 | | or watchers at the registering counters of the
machines, shall |
16 | | in the same manner verify the accuracy of each total as
it is |
17 | | announced from the machine or machines and is repeated by the |
18 | | two
precinct election officials who are rechecking the totals |
19 | | as written on
the return sheets. When this recheck is completed |
20 | | the entire precinct
election board shall take one of the return |
21 | | sheets and fold it in
accordion pleats approximately ten inches |
22 | | wide with the face of the
return sheet out, in such a manner |
23 | | that each pleat can easily be turned
as the final recheck |
24 | | proceeds. The entire precinct election board shall
then begin |
25 | | at the voting machine first canvassed and each such election
|
26 | | official shall, simultaneously with the other such election |
|
| | SB0172 Enrolled | - 249 - | LRB098 04408 HLH 34436 b |
|
|
1 | | officials,
and in the presence of each other, examine each |
2 | | registering counter on
the voting machine, and immediately |
3 | | examine the corresponding record for
that counter, as it is |
4 | | written on the return sheet, and shall satisfy
himself that |
5 | | both numbers are the same. Each total on each voting
machine |
6 | | shall be as examined and when such examination has been
|
7 | | completed, the entire precinct election board shall then |
8 | | compare each
total on such return sheet with the corresponding |
9 | | total on the duplicate
return sheet and each precinct election |
10 | | official shall satisfy himself
that all totals are the same on |
11 | | both return sheets. Each precinct
election official shall sign |
12 | | a certificate stating that each step in the
canvass of the |
13 | | voting machines, as provided herein, has been carefully
and |
14 | | faithfully carried out in every detail. If any errors are |
15 | | discovered
during the final recheck of the registering counters |
16 | | and comparison of
the duplicate return sheets, such errors |
17 | | shall be corrected at once, and
each precinct election official |
18 | | shall sign a certificate stating which
errors were found and |
19 | | what corrections were made and such corrections
shall be made |
20 | | in the presence of all the precinct election officials.
The |
21 | | precinct election board shall then canvass the irregular ballot |
22 | | in
substantially the same manner as the law provides for |
23 | | canvassing the
returns for paper ballots, and shall record the |
24 | | results thereof on the
return sheets in the space provided for |
25 | | that purpose. Before leaving the
room and before closing and |
26 | | locking the counting compartment, each
precinct election |
|
| | SB0172 Enrolled | - 250 - | LRB098 04408 HLH 34436 b |
|
|
1 | | official shall make and sign the certificate and
written |
2 | | statements and the return sheets of such election as provided |
3 | | by
law. In precincts where the voting machines are equipped |
4 | | with the
automatic recording sheet and two or more machines the |
5 | | total vote cast
for each candidate, question or proposition |
6 | | from each machine shall be
recorded separately on the statement |
7 | | of votes as provided for in Section
18-14, and the grand total |
8 | | of all votes appearing on the recording
sheets shall be |
9 | | recorded on the statement of votes and proclaimed by the
judges |
10 | | in the same manner as is herein provided for proclamation of
|
11 | | votes from the return sheets. All vote by mail absentee ballots |
12 | | and irregular ballots
of each voting machine shall be returned |
13 | | to the proper officer together
with the return sheets and |
14 | | certificates and supplies and such vote by mail absentee
|
15 | | ballots and irregular machine ballots shall be preserved and |
16 | | finally
destroyed as is now provided by law when paper ballots |
17 | | are used. The
written statements or returns so made, after |
18 | | having been properly
signed, shall be distinctly and clearly |
19 | | read in the hearing of all
persons present in the polling |
20 | | place, and ample opportunity shall be
given to compare the |
21 | | results so certified with the counter dials of the
machine. |
22 | | After such comparison and correction, if any is made, the
|
23 | | precinct election officials shall then close the counting |
24 | | compartment
and lock the same. Thereafter the voting machine |
25 | | shall remain locked and
sealed against voting for a period of |
26 | | at least 30 days, after the
results of the election have been |
|
| | SB0172 Enrolled | - 251 - | LRB098 04408 HLH 34436 b |
|
|
1 | | declared, unless otherwise ordered by
the circuit court: |
2 | | provided, however, upon application to the circuit
court, the |
3 | | circuit judge may order the said machines opened prior to the
|
4 | | thirty day period herein required to be closed. The circuit |
5 | | court in its
order shall specify the manner in which the count |
6 | | recorded on the
machines shall be taken and preserved: |
7 | | provided, however, when the
machines are equipped with any |
8 | | recording or photographic device on which
votes registered on |
9 | | the mechanical counters will be separately recorded
or |
10 | | photographed, as provided in Section 24-18 hereof, and it is
|
11 | | necessary to use said machines at an election occurring within |
12 | | said 30
days, then after the machines have remained locked for |
13 | | a period of 48
hours they may be prepared for such subsequent |
14 | | election as herein
provided. Whenever it is necessary to reset |
15 | | the machines for another
election prior to the time limit for |
16 | | the filing of election contests, it
shall be the duty of the |
17 | | proper officials to make a photographic record
of the machines |
18 | | involved to be used in case of an election contest,
whereupon |
19 | | the machines may be set back to zero and arranged for the next
|
20 | | election.
|
21 | | (Source: P.A. 80-704.)
|
22 | | (10 ILCS 5/24A-6) (from Ch. 46, par. 24A-6)
|
23 | | Sec. 24A-6. The ballot information, whether placed on the |
24 | | ballot or
on the marking device, shall, as far as practicable, |
25 | | be in the order of
arrangement provided for paper ballots, |
|
| | SB0172 Enrolled | - 252 - | LRB098 04408 HLH 34436 b |
|
|
1 | | except that such information may
be in vertical or horizontal |
2 | | rows, or in a number of separate pages.
Ballots for all |
3 | | questions or propositions to be voted on must be
provided in |
4 | | the same manner and must be arranged on or in the marking
|
5 | | device or on the ballot sheet in the places provided for such |
6 | | purposes.
|
7 | | When an electronic voting system utilizes a ballot label |
8 | | booklet and
ballot card, ballots for candidates, ballots |
9 | | calling for a
constitutional convention, constitutional |
10 | | amendment ballots, judicial
retention ballots, public |
11 | | measures, and all propositions to be voted
upon may be placed |
12 | | on the electronic voting device by providing in the
ballot |
13 | | booklet separate ballot label pages or series of pages
|
14 | | distinguished by differing colors as provided below. When an |
15 | | electronic
voting system utilizes a ballot sheet, ballots |
16 | | calling for a constitutional
convention, constitutional |
17 | | amendment ballots and judicial retention ballots
shall be |
18 | | placed on the ballot sheet by providing a separate portion of |
19 | | the
ballot sheet for each such kind of ballot which shall be |
20 | | printed in ink
of a color distinct from the color of ink used |
21 | | in printing any other portion
of the ballot sheet. Ballots for |
22 | | candidates, public measures and all other
propositions to be |
23 | | voted upon shall be placed on the ballot sheet by providing
a |
24 | | separate portion of the ballot sheet for each such kind of |
25 | | ballot. Whenever a person has submitted a declaration of intent |
26 | | to be a write-in candidate as required in Sections 17-16.1 and |
|
| | SB0172 Enrolled | - 253 - | LRB098 04408 HLH 34436 b |
|
|
1 | | 18-9.1,
a line
on which the name of a candidate may be written |
2 | | by the voter shall be printed below the name of the last |
3 | | candidate nominated for such office, and immediately
to the |
4 | | left of such line an area shall be provided for marking a vote |
5 | | for
such write-in candidate. The number of write-in lines for |
6 | | an office shall equal the number of persons who have filed |
7 | | declarations of intent to be write-in candidates plus an |
8 | | additional line or lines for write-in candidates who qualify to |
9 | | file declarations to be write-in candidates under Sections |
10 | | 17-16.1 and 18-9.1 when the certification of ballot contains |
11 | | the words "OBJECTION PENDING" next to the name of the |
12 | | candidate, up to the number of candidates for which a voter may |
13 | | vote. More than one amendment to the constitution may
be placed |
14 | | on the same ballot page or series of pages or on the same |
15 | | portion
of the ballot sheet, as the case may be. Ballot label |
16 | | pages for
constitutional conventions or constitutional |
17 | | amendments shall be on paper
of blue color and shall precede |
18 | | all other ballot label pages in the ballot
label booklet. More |
19 | | than one public measure or proposition may be placed
on the |
20 | | same ballot label page or series of pages or on the same |
21 | | portion of
the ballot sheet, as the case may be. More than one |
22 | | proposition for
retention of judges in office may be placed on |
23 | | the same ballot label page
or series of pages or on the same |
24 | | portion of the ballot sheet, as the case
may be. Ballot label |
25 | | pages for candidates shall be on paper of white
color, except |
26 | | that in primary elections the ballot label page or pages for
|
|
| | SB0172 Enrolled | - 254 - | LRB098 04408 HLH 34436 b |
|
|
1 | | the candidates of each respective political party shall be of |
2 | | the color
designated by the election official in charge of the |
3 | | election for that
political party's candidates; provided that |
4 | | the ballot label pages or pages
for candidates for use at the |
5 | | nonpartisan and consolidated elections may be
on paper of |
6 | | different colors, except blue, whenever necessary or desirable
|
7 | | to facilitate distinguishing between the pages for different |
8 | | political
subdivisions. On each page
of
the candidate booklet, |
9 | | where the election is made to list ballot
information |
10 | | vertically, the party affiliation of each candidate or the word
|
11 | | "independent" shall appear immediately to the left of the |
12 | | candidate's
name, and the name of candidates for the same |
13 | | office shall be listed
vertically under the title of that |
14 | | office. If no candidate or candidates file for an office and if |
15 | | no person or persons file a declaration as a write-in candidate |
16 | | for that office, then below the title of that office the |
17 | | election authority instead shall print "No Candidate". In the |
18 | | case of nonpartisan
elections for officers of political |
19 | | subdivisions, unless the statute or
an ordinance adopted |
20 | | pursuant to Article VII of the Constitution
requires otherwise, |
21 | | the listing of such nonpartisan candidates shall not
include |
22 | | any party or "independent" designation. Ballot label pages for
|
23 | | judicial retention ballots shall be on paper of green color, |
24 | | and ballot
label pages for all public measures and other |
25 | | propositions shall be on
paper of some other distinct and |
26 | | different color. In primary elections,
a separate ballot label |
|
| | SB0172 Enrolled | - 255 - | LRB098 04408 HLH 34436 b |
|
|
1 | | booklet, marking device and voting booth shall
be used for each |
2 | | political party holding a primary, with the ballot
label |
3 | | booklet arranged to include ballot label pages of the |
4 | | candidates
of the party and public measures and other |
5 | | propositions to be voted upon
on the day of the primary |
6 | | election. One ballot card may be used for
recording the voter's |
7 | | vote or choice on all such ballots, proposals,
public measures |
8 | | or propositions, and such ballot card shall be arranged
so as |
9 | | to record the voter's vote or choice in a separate column or
|
10 | | columns for each such kind of ballot, proposal, public measure |
11 | | or
proposition.
|
12 | | If the ballot label booklet includes both candidates for |
13 | | office and
public measures or propositions to be voted on, the |
14 | | election official in
charge of the election shall divide the |
15 | | pages by protruding tabs
identifying the division of the pages, |
16 | | and printing on such tabs
"Candidates" and "Propositions".
|
17 | | The ballot card and all of its columns and the ballot card |
18 | | envelope
shall be of the color prescribed for candidate's |
19 | | ballots at the general
or primary election, whichever is being |
20 | | held. At an election where no
candidates are being nominated or |
21 | | elected, the ballot card, its columns,
and the ballot card |
22 | | envelope shall be of a color designated by the election
|
23 | | official in charge of the election.
|
24 | | The ballot cards, ballot card envelopes and ballot sheets |
25 | | may, at the
discretion of the election authority, be printed on |
26 | | white paper and then
striped with the appropriate colors.
|
|
| | SB0172 Enrolled | - 256 - | LRB098 04408 HLH 34436 b |
|
|
1 | | When ballot sheets are used, the various portions thereof |
2 | | shall be arranged
to conform to the foregoing format.
|
3 | | Vote by mail Absentee ballots may consist of ballot cards, |
4 | | envelopes, paper ballots ,
or ballot sheets voted in person in |
5 | | the office of the election official in
charge of the election |
6 | | or voted by mail . Where a ballot card is used for
voting by |
7 | | mail it must be accompanied by a punching tool or other
|
8 | | appropriate marking device, voter instructions and a specimen |
9 | | ballot
showing the proper positions to vote on the ballot card |
10 | | or ballot sheet for
each party, candidate, proposal, public |
11 | | measure or proposition, and in the
case of a ballot card must |
12 | | be mounted on a suitable material to receive the
punched out |
13 | | chip.
|
14 | | Any voter who spoils his ballot or makes an error may |
15 | | return the
ballot to the judges of election and secure another. |
16 | | However, the
protruding identifying tab for proposals for a |
17 | | constitutional convention
or constitutional amendments shall |
18 | | have printed thereon "Constitutional
Ballot", and the ballot |
19 | | label page or pages for such proposals shall
precede the ballot |
20 | | label pages for candidates in the ballot label
booklet.
|
21 | | (Source: P.A. 95-699, eff. 11-9-07; 95-862, eff. 8-19-08.)
|
22 | | (10 ILCS 5/24A-10) (from Ch. 46, par. 24A-10)
|
23 | | Sec. 24A-10. (1) In an election jurisdiction which has |
24 | | adopted an
electronic voting system, the election official in |
25 | | charge of the
election shall select one of the 3 following |
|
| | SB0172 Enrolled | - 257 - | LRB098 04408 HLH 34436 b |
|
|
1 | | procedures for receiving,
counting, tallying, and return of the |
2 | | ballots:
|
3 | | (a) Two ballot boxes shall be provided for each polling |
4 | | place. The
first ballot box is for the depositing of votes cast |
5 | | on the electronic
voting system; and the second ballot box is |
6 | | for all votes cast on paper
ballots, including any
paper |
7 | | ballots
required to be voted other than on the electronic |
8 | | voting system.
Ballots
deposited in the second
ballot box shall |
9 | | be counted, tallied, and returned as is elsewhere
provided in |
10 | | "The Election Code," as amended, for the counting and
handling |
11 | | of paper ballots. Immediately after the closing of the polls, |
12 | | the judges of election shall make out a slip indicating the
|
13 | | number of persons who voted in the precinct at the election. |
14 | | Such slip
shall be signed by all the judges of election and |
15 | | shall be inserted by
them in the first ballot box. The judges |
16 | | of election shall thereupon
immediately lock each ballot box; |
17 | | provided, that if
such box is not of a type which may be |
18 | | securely locked, such box shall be
sealed with filament tape |
19 | | provided for such purpose
which shall be wrapped around the box |
20 | | lengthwise and crosswise, at least
twice each way, and in such |
21 | | manner that the seal completely covers the
slot in the ballot |
22 | | box, and each of the judges shall sign such seal. Thereupon
two |
23 | | of the judges of election, of different political parties, |
24 | | shall
forthwith and by the most direct route transport both |
25 | | ballot boxes to
the counting location designated by the county |
26 | | clerk or board of
election commissioners.
|
|
| | SB0172 Enrolled | - 258 - | LRB098 04408 HLH 34436 b |
|
|
1 | | Before the ballots of a precinct are fed to the electronic |
2 | | tabulating
equipment, the first ballot box shall be opened at |
3 | | the central counting
station by the two precinct transport |
4 | | judges. Upon opening a ballot box,
such team shall first count |
5 | | the number of ballots in the box. If 2 or
more are folded |
6 | | together so as to appear to have been cast by the same
person, |
7 | | all of the ballots so folded together shall be marked and
|
8 | | returned with the other ballots in the same condition, as near |
9 | | as may
be, in which they were found when first opened, but |
10 | | shall not be
counted. If the remaining ballots are found to |
11 | | exceed the number of
persons voting in the precinct as shown by |
12 | | the slip signed by the judges
of election, the ballots shall be |
13 | | replaced in the box, and the box
closed and well shaken and |
14 | | again opened and one of the precinct
transport judges shall |
15 | | publicly draw out so many ballots unopened as are
equal to such |
16 | | excess.
|
17 | | Such excess ballots shall be marked "Excess-Not Counted" |
18 | | and signed
by the two precinct transport judges and shall be |
19 | | placed in the "After
7:00 p.m. Defective Ballots Envelope". The |
20 | | number of excess ballots
shall be noted in the remarks section |
21 | | of the Certificate of Results.
"Excess" ballots shall not be |
22 | | counted in the total of "defective"
ballots.
|
23 | | The precinct transport judges shall then examine the |
24 | | remaining
ballots for write-in votes and shall count and |
25 | | tabulate the write-in
vote; or
|
26 | | (b) A single ballot box, for the deposit of all votes cast, |
|
| | SB0172 Enrolled | - 259 - | LRB098 04408 HLH 34436 b |
|
|
1 | | shall be
used. All ballots which are not to be tabulated on the |
2 | | electronic voting
system shall be counted, tallied, and |
3 | | returned as elsewhere provided in
"The Election Code," as |
4 | | amended, for the counting and handling of paper
ballots.
|
5 | | All ballots to be processed and tabulated with the |
6 | | electronic voting
system shall be processed as follows:
|
7 | | Immediately after the closing of the polls, the precinct |
8 | | judges of
election then shall open the ballot box and canvass |
9 | | the votes polled to
determine that the number of ballots |
10 | | therein agree with the number of
voters voting as shown by the |
11 | | applications for ballot or if the same do
not agree the judges |
12 | | of election shall make such ballots agree with the
applications |
13 | | for ballot in the manner provided by Section 17-18 of "The
|
14 | | Election Code." The judges of election shall then examine all |
15 | | ballot cards and ballot card envelopes which
are in
the ballot |
16 | | box to determine whether the
ballot cards and
ballot card |
17 | | envelopes bear the initials of a precinct judge of election.
If |
18 | | any ballot card or ballot card envelope is not
initialed, it |
19 | | shall be marked on the back "Defective," initialed as to
such |
20 | | label by all judges immediately under such word "Defective," |
21 | | and
not counted, but placed in the envelope provided for that |
22 | | purpose
labeled "Defective Ballots Envelope."
|
23 | | When an electronic voting system is used which utilizes a |
24 | | ballot
card, before separating the ballot cards from their |
25 | | respective
covering envelopes, the judges of election shall |
26 | | examine the ballot card
envelopes for write-in votes. When the |
|
| | SB0172 Enrolled | - 260 - | LRB098 04408 HLH 34436 b |
|
|
1 | | voter has voted a write-in vote,
the judges of election shall |
2 | | compare the write-in vote with the votes on
the ballot card to |
3 | | determine whether such write-in results in an
overvote for any |
4 | | office. In case of an overvote for any office, the
judges of |
5 | | election, consisting in each case of at least one judge of
|
6 | | election of each of the two major political parties, shall make |
7 | | a true
duplicate ballot of all votes on such ballot card except |
8 | | for the office
which is overvoted, by using the ballot label |
9 | | booklet of the precinct
and one of the marking devices of the |
10 | | precinct so as to transfer all
votes of the voter except for |
11 | | the office overvoted, to an official
ballot card of that kind |
12 | | used in the precinct at that election. The
original ballot card |
13 | | and envelope upon which there is an overvote shall
be clearly |
14 | | labeled "Overvoted Ballot", and each shall bear the same
serial |
15 | | number which shall be placed thereon by the judges of election,
|
16 | | commencing with number 1 and continuing consecutively for the |
17 | | ballots of
that kind in that precinct. The judges of election |
18 | | shall initial the
"Duplicate Overvoted Ballot" ballot cards and |
19 | | shall place them in the
box for return of the ballots. The |
20 | | "Overvoted Ballot" ballots and their
envelopes shall be placed |
21 | | in the "Duplicate Ballots" envelope. Envelopes
bearing |
22 | | write-in votes marked in the place designated therefor and
|
23 | | bearing the initials of a precinct judge of election and not |
24 | | resulting
in an overvote and otherwise complying with the |
25 | | election laws as to
marking shall be counted, tallied, and |
26 | | their votes recorded on a tally
sheet provided by the election |
|
| | SB0172 Enrolled | - 261 - | LRB098 04408 HLH 34436 b |
|
|
1 | | official in charge of the election. The
ballot cards and ballot |
2 | | card envelopes shall be separated and all except
any defective |
3 | | or overvoted shall be placed separately in the box for
return |
4 | | of the ballots. The judges of election shall examine the
|
5 | | ballots and ballot cards to determine if any is damaged or |
6 | | defective so
that it cannot be counted by the automatic |
7 | | tabulating equipment. If any
ballot or ballot card is damaged |
8 | | or defective so that it cannot properly
be counted by the |
9 | | automatic tabulating equipment, the judges of
election, |
10 | | consisting in each case of at least one judge of election of
|
11 | | each of the two major political parties, shall make a true |
12 | | duplicate
ballot of all votes on such ballot card by using the |
13 | | ballot label
booklet of the precinct and one of the marking |
14 | | devices of the precinct.
The original ballot or ballot card and |
15 | | envelope shall be clearly labeled
"Damaged Ballot" and the |
16 | | ballot or ballot card so produced "Duplicate
Damaged Ballot," |
17 | | and each shall bear the same number which shall be
placed |
18 | | thereon by the judges of election, commencing with number 1 and
|
19 | | continuing consecutively for the ballots of that kind in the |
20 | | precinct.
The judges of election shall initial the "Duplicate |
21 | | Damaged Ballot"
ballot or ballot cards, and shall place them in |
22 | | the box for return of
the ballots. The "Damaged Ballot" ballots |
23 | | or ballot cards and their
envelopes shall be placed in the |
24 | | "Duplicated Ballots" envelope. A slip
indicating the number of |
25 | | voters voting in person shall be made out, signed by all
judges |
26 | | of election, and inserted in the box for return of the ballots.
|
|
| | SB0172 Enrolled | - 262 - | LRB098 04408 HLH 34436 b |
|
|
1 | | The tally sheets recording the write-in votes shall be placed |
2 | | in this
box. The judges of election thereupon immediately shall |
3 | | securely lock the
ballot box or other suitable
box furnished |
4 | | for return of the ballots by the election official in
charge of |
5 | | the election; provided that if such box is not of a type which
|
6 | | may be securely locked, such box shall be sealed with filament |
7 | | tape provided
for such purpose which shall be wrapped around |
8 | | the box lengthwise and crosswise,
at least twice each way. A |
9 | | separate adhesive seal label signed by each of
the judges of |
10 | | election of the precinct shall be affixed to the box so as
to |
11 | | cover any slot therein and to identify the box of the precinct; |
12 | | and
if such box is sealed with filament tape as provided herein |
13 | | rather than
locked, such tape shall be wrapped around the box |
14 | | as provided herein, but
in such manner that the separate |
15 | | adhesive seal label affixed to the box
and signed by the judges |
16 | | may not be removed without breaking the filament
tape and |
17 | | disturbing the signature of the judges. Thereupon, 2 of the
|
18 | | judges of election, of different major political parties, |
19 | | forthwith shall
by the most direct route transport the box for
|
20 | | return of the ballots and enclosed ballots and returns to the |
21 | | central
counting location designated by the election official |
22 | | in charge of the
election. If, however, because of the lack of |
23 | | adequate parking
facilities at the central counting location or |
24 | | for any other reason, it
is impossible or impracticable for the |
25 | | boxes from all the polling places
to be delivered directly to |
26 | | the central counting location, the election
official in charge |
|
| | SB0172 Enrolled | - 263 - | LRB098 04408 HLH 34436 b |
|
|
1 | | of the election may designate some other location to
which the |
2 | | boxes shall be delivered by the 2 precinct judges. While at
|
3 | | such other location the boxes shall be in the care and custody |
4 | | of one or
more teams, each consisting of 4 persons, 2 from each |
5 | | of the two major
political parties, designated for such purpose |
6 | | by the election official
in charge of elections from |
7 | | recommendations by the appropriate political
party |
8 | | organizations. As soon as possible, the boxes shall be |
9 | | transported
from such other location to the central counting |
10 | | location by one or more
teams, each consisting of 4 persons, 2 |
11 | | from each of the 2 major
political parties, designated for such |
12 | | purpose by the election official
in charge of elections from |
13 | | recommendations by the appropriate political
party |
14 | | organizations.
|
15 | | The "Defective Ballots" envelope, and "Duplicated Ballots" |
16 | | envelope
each shall be securely sealed and the flap or end |
17 | | thereof of each signed
by the precinct judges of election and |
18 | | returned to the central counting
location with the box for |
19 | | return of the ballots, enclosed ballots and
returns.
|
20 | | At the central counting location, a team of tally judges |
21 | | designated
by the election official in charge of the election |
22 | | shall check the box
returned containing the ballots to |
23 | | determine that all seals are intact,
and thereupon shall open |
24 | | the box, check the voters' slip and compare the
number of |
25 | | ballots so delivered against the total number of voters of the
|
26 | | precinct who voted, remove the ballots or ballot cards and |
|
| | SB0172 Enrolled | - 264 - | LRB098 04408 HLH 34436 b |
|
|
1 | | deliver them
to the technicians operating the automatic |
2 | | tabulating equipment. Any
discrepancies between the number of |
3 | | ballots and total number of voters
shall be noted on a sheet |
4 | | furnished for that purpose and signed by the
tally judges; or
|
5 | | (c) A single ballot box, for the deposit of all votes cast, |
6 | | shall be used.
Immediately after the closing of the polls, the |
7 | | precinct judges of election shall
securely
lock the ballot box; |
8 | | provided that if such box is not of a
type which may be |
9 | | securely locked, such box shall be sealed with filament
tape |
10 | | provided for such purpose which shall be wrapped around the box |
11 | | lengthwise
and crosswise, at least twice each way.
A separate |
12 | | adhesive seal label signed by each of the judges of election
of |
13 | | the precinct shall be affixed to the box so as to cover any |
14 | | slot therein
and to identify the box of the precinct; and if |
15 | | such box is sealed with
filament tape as provided herein rather |
16 | | than locked, such tape shall be
wrapped around the box as |
17 | | provided herein, but in such manner that the separate
adhesive |
18 | | seal label affixed to the box and signed by the judges may not
|
19 | | be removed without breaking the filament tape and disturbing |
20 | | the signature
of the judges. Thereupon, 2 of the judges
of |
21 | | election, of different
major political parties, shall |
22 | | forthwith by the most direct route transport
the box for return |
23 | | of the ballots and enclosed vote by mail absentee and early |
24 | | ballots
and returns
to the central counting location designated |
25 | | by the election official
in charge of the election. If however, |
26 | | because of the lack of adequate
parking facilities at the |
|
| | SB0172 Enrolled | - 265 - | LRB098 04408 HLH 34436 b |
|
|
1 | | central counting location or for some other reason,
it is |
2 | | impossible or impracticable for the boxes from all the polling |
3 | | places
to be delivered directly to the central counting |
4 | | location, the election
official in charge of the election may |
5 | | designate some other location to
which the boxes shall be |
6 | | delivered by the 2 precinct judges. While at
such other |
7 | | location the boxes shall be in the care and custody of one or
|
8 | | more teams, each consisting of 4 persons, 2 from each of the |
9 | | two major
political
parties, designated for such purpose by the |
10 | | election official in charge
of elections from recommendations |
11 | | by the appropriate political party
organizations.
As soon as |
12 | | possible, the boxes shall be transported from such other |
13 | | location
to the central counting location by one or more teams, |
14 | | each consisting of
4 persons, 2 from each of the 2 major |
15 | | political parties, designated for
such purpose by the election |
16 | | official in charge of the election from
recommendations
by the |
17 | | appropriate political party organizations.
|
18 | | At the central counting location there shall be one or more |
19 | | teams of tally
judges who possess the same qualifications as |
20 | | tally judges in election
jurisdictions
using paper ballots. The |
21 | | number of such teams shall be determined by the
election |
22 | | authority. Each team shall consist of 5 tally judges, 3 |
23 | | selected
and approved by the county board from a certified list |
24 | | furnished by the
chairman of the county central committee of |
25 | | the party with the majority
of members on the county board and |
26 | | 2 selected and approved by the county
board from a certified |
|
| | SB0172 Enrolled | - 266 - | LRB098 04408 HLH 34436 b |
|
|
1 | | list furnished by the chairman of the county central
committee |
2 | | of the party with the second largest number of members
on the |
3 | | county board. At the central counting location a team of tally |
4 | | judges
shall open the ballot box and canvass the votes polled |
5 | | to determine that
the number of ballot sheets
therein agree |
6 | | with the number of voters voting as shown by the applications
|
7 | | for ballot; and, if the same do not agree, the tally judges |
8 | | shall make such
ballots agree with the number of applications |
9 | | for ballot in the manner provided
by Section 17-18 of the |
10 | | Election Code. The tally judges shall then examine
all ballot |
11 | | sheets which are in the ballot box to determine whether they
|
12 | | bear the initials of the precinct judge of election. If any |
13 | | ballot is not
initialed, it shall be marked on the back |
14 | | "Defective", initialed as to such
label by all tally judges |
15 | | immediately under such word "Defective", and not
counted, but |
16 | | placed in the envelope provided for that purpose labeled
|
17 | | "Defective
Ballots Envelope". An overvote for one office shall |
18 | | invalidate
only the vote or count of that particular office.
|
19 | | At the central counting location, a team of tally judges |
20 | | designated
by the election official in charge of the election |
21 | | shall deliver the ballot
sheets to the technicians operating |
22 | | the automatic tabulating equipment.
Any discrepancies between |
23 | | the number of ballots and total number of voters
shall be noted |
24 | | on a sheet furnished for that purpose and signed by the tally
|
25 | | judges.
|
26 | | (2) Regardless of which procedure described in subsection |
|
| | SB0172 Enrolled | - 267 - | LRB098 04408 HLH 34436 b |
|
|
1 | | (1) of this
Section is used,
the judges of election designated |
2 | | to transport the ballots, properly signed
and sealed as |
3 | | provided herein, shall ensure that the ballots are delivered
to |
4 | | the central counting station no later than 12 hours after the |
5 | | polls close.
At the central counting station a team of tally |
6 | | judges designated by the
election official in charge of the |
7 | | election shall examine the ballots so
transported and shall not |
8 | | accept ballots for tabulating which are not signed
and sealed |
9 | | as provided in subsection (1) of this Section until the
judges |
10 | | transporting the
same make and sign the necessary corrections. |
11 | | Upon acceptance of the ballots
by a team of tally judges at the |
12 | | central counting station, the election
judges transporting the |
13 | | same shall take a receipt signed by the election
official in |
14 | | charge of the election and stamped with the date and time of
|
15 | | acceptance. The election judges whose duty it is to transport |
16 | | any ballots
shall, in the event
such ballots cannot be found |
17 | | when needed, on proper request, produce the
receipt which they |
18 | | are to take as above provided.
|
19 | | (Source: P.A. 94-645, eff. 8-22-05; 94-1000, eff. 7-3-06.)
|
20 | | (10 ILCS 5/24A-15.1) (from Ch. 46, par. 24A-15.1)
|
21 | | Sec. 24A-15.1. Except as herein provided, discovery |
22 | | recounts and election
contests shall be conducted as otherwise |
23 | | provided for in "The Election Code",
as amended. The automatic |
24 | | tabulating equipment shall be tested prior to the
discovery |
25 | | recount or election contest as provided in Section 24A-9, and
|
|
| | SB0172 Enrolled | - 268 - | LRB098 04408 HLH 34436 b |
|
|
1 | | then the official ballots or ballot cards shall be recounted on |
2 | | the
automatic tabulating equipment. In addition, (1) the ballot |
3 | | or ballot cards
shall be checked for the presence or absence of |
4 | | judges' initials and other
distinguishing marks, and (2) the |
5 | | ballots marked "Rejected", "Defective",
Objected to",
" Vote by |
6 | | Mail Absentee Ballot", and "Early Ballot" shall be
examined
to |
7 | | determine the
propriety of the labels, and (3) the "Duplicate |
8 | | Vote by Mail Absentee Ballots",
"Duplicate Early Ballots",
|
9 | | "Duplicate Overvoted Ballots" and "Duplicate
Damaged Ballots" |
10 | | shall be
compared with their respective originals to determine |
11 | | the correctness of
the duplicates.
|
12 | | Any person who has filed a petition for discovery recount |
13 | | may request that
a redundant count be conducted in those |
14 | | precincts in which the discovery
recount is being conducted. |
15 | | The additional costs of such a redundant count
shall be borne |
16 | | by the requesting party.
|
17 | | The log of the computer operator and all materials retained |
18 | | by the election
authority in relation to vote tabulation and |
19 | | canvass shall be made available
for any discovery recount or |
20 | | election contest.
|
21 | | (Source: P.A. 98-756, eff. 7-16-14.)
|
22 | | (10 ILCS 5/24B-6) |
23 | | Sec. 24B-6. Ballot Information; Arrangement; Electronic |
24 | | Precinct
Tabulation Optical Scan Technology Voting System; |
25 | | Vote by Mail Absentee
Ballots; Spoiled Ballots. The ballot |
|
| | SB0172 Enrolled | - 269 - | LRB098 04408 HLH 34436 b |
|
|
1 | | information, shall, as far
as practicable, be in the order of |
2 | | arrangement provided for paper
ballots, except that the |
3 | | information may be in vertical or
horizontal rows, or on a |
4 | | number of separate pages or displays on the marking
device. |
5 | | Ballots for
all questions or propositions to be voted on should |
6 | | be provided
in a similar manner and must be arranged on the |
7 | | ballot sheet or marking
device in
the places provided for such |
8 | | purposes. Ballots shall be of white
paper unless provided |
9 | | otherwise by administrative rule of the State Board of
|
10 | | Elections or otherwise specified. |
11 | | All propositions, including but not limited to |
12 | | propositions
calling for a constitutional convention, |
13 | | constitutional
amendment, judicial retention, and public |
14 | | measures to be voted
upon shall be placed on separate portions |
15 | | of the ballot sheet or marking
device by
utilizing borders or |
16 | | grey screens. Candidates shall be listed on
a separate portion |
17 | | of the ballot sheet or marking device by utilizing
borders or
|
18 | | grey screens. Whenever a person has submitted a declaration of |
19 | | intent to be a write-in candidate as required in Sections |
20 | | 17-16.1 and 18-9.1,
a line or lines on which the voter
may |
21 | | select a
write-in candidate shall be printed below the name of |
22 | | the last candidate nominated for such office. Such line or |
23 | | lines shall be proximate to an area provided for marking
votes |
24 | | for the write-in candidate or
candidates. The number of |
25 | | write-in lines for an office shall equal the number
of persons |
26 | | who have filed declarations of intent to be write-in candidates |
|
| | SB0172 Enrolled | - 270 - | LRB098 04408 HLH 34436 b |
|
|
1 | | plus an additional line or lines for write-in candidates who |
2 | | qualify to file declarations to be write-in candidates under |
3 | | Sections 17-16.1 and 18-9.1 when the certification of ballot |
4 | | contains the words "OBJECTION PENDING" next to the name of that |
5 | | candidate, up to the number of
candidates
for which a voter may |
6 | | vote. In the case of write-in lines for the offices of Governor |
7 | | and Lieutenant Governor, 2 lines shall be printed within a |
8 | | bracket and a single square shall be printed in front of the |
9 | | bracket. More than one amendment to the constitution may be
|
10 | | placed on the
same portion of the ballot sheet or marking |
11 | | device.
Constitutional convention or constitutional amendment
|
12 | | propositions shall be printed or displayed on a separate |
13 | | portion of the
ballot
sheet or marking device and designated by |
14 | | borders or grey screens, unless
otherwise
provided by |
15 | | administrative rule of the State Board of Elections.
More than |
16 | | one public measure or proposition may be placed on the
same |
17 | | portion of the ballot sheet or marking device. More than
one |
18 | | proposition for retention of judges in office may be placed
on |
19 | | the same portion of the ballot sheet or marking device.
Names |
20 | | of candidates shall be printed in black. The party
affiliation |
21 | | of each candidate or the word "independent" shall
appear near |
22 | | or under the candidate's name, and the names of
candidates for |
23 | | the same office shall be listed vertically under
the title of |
24 | | that office, on separate pages of the marking device, or as
|
25 | | otherwise approved by the State Board of Elections. If no |
26 | | candidate or candidates file for an office and if no person or |
|
| | SB0172 Enrolled | - 271 - | LRB098 04408 HLH 34436 b |
|
|
1 | | persons file a declaration as a write-in candidate for that |
2 | | office, then below the title of that office the election |
3 | | authority instead shall print "No Candidate". In the case of
|
4 | | nonpartisan elections
for officers of political subdivisions, |
5 | | unless the statute or an
ordinance adopted pursuant to Article |
6 | | VII of the Constitution
requires otherwise, the listing of |
7 | | nonpartisan candidates
shall not include any party or |
8 | | "independent" designation.
Judicial retention
questions and |
9 | | ballot questions for all public measures and other propositions
|
10 | | shall be designated by borders or grey screens on the ballot or |
11 | | marking
device.
In primary
elections, a separate ballot, or |
12 | | displays on the marking device, shall be
used for each |
13 | | political
party holding a primary, with the ballot or marking |
14 | | device arranged to
include
names of the candidates of the party |
15 | | and public measures and
other propositions to be voted upon on |
16 | | the day of the primary
election. |
17 | | If the ballot includes both candidates for office and |
18 | | public
measures or propositions to be voted on, the election |
19 | | official in
charge of the election shall divide the ballot or |
20 | | displays on the marking
device in sections for
"Candidates" and |
21 | | "Propositions", or separate ballots may be used. |
22 | | Vote by Mail Absentee ballots may consist of envelopes, |
23 | | paper ballots , or
ballot sheets voted in person in the office |
24 | | of the election
official in charge of the election or voted by |
25 | | mail . Where a
Precinct Tabulation Optical Scan Technology |
26 | | ballot is used for
voting by mail it must be accompanied by |
|
| | SB0172 Enrolled | - 272 - | LRB098 04408 HLH 34436 b |
|
|
1 | | voter instructions. |
2 | | Any voter who spoils his or her ballot, makes an error, or |
3 | | has a ballot
returned by the automatic tabulating equipment may |
4 | | return
the ballot to the judges of election and get another |
5 | | ballot. |
6 | | (Source: P.A. 95-699, eff. 11-9-07; 95-862, eff. 8-19-08; |
7 | | 96-1018, eff. 1-1-11.)
|
8 | | (10 ILCS 5/24B-10)
|
9 | | Sec. 24B-10. Receiving, Counting, Tallying and Return of
|
10 | | Ballots; Acceptance of Ballots by Election Authority.
|
11 | | (a) In an election jurisdiction which has adopted an |
12 | | electronic Precinct
Tabulation Optical Scan Technology voting |
13 | | system, the election
official in charge of the election shall |
14 | | select one of the 3
following procedures for receiving, |
15 | | counting, tallying, and
return of the ballots:
|
16 | | (1) Two ballot boxes shall be provided for each polling
|
17 | | place. The first ballot box is for the depositing of votes |
18 | | cast
on the electronic voting system; and the second ballot |
19 | | box is for
all votes cast on other ballots, including any |
20 | | paper ballots required to be voted other than on
the |
21 | | Precinct Tabulation Optical Scan Technology electronic |
22 | | voting
system. Ballots deposited in the second
ballot box |
23 | | shall be counted, tallied, and returned as is
elsewhere |
24 | | provided in this Code for the
counting and handling of |
25 | | paper ballots. Immediately after the
closing of the polls, |
|
| | SB0172 Enrolled | - 273 - | LRB098 04408 HLH 34436 b |
|
|
1 | | the
judges of election shall make out a slip
indicating the |
2 | | number of persons who voted in the precinct at the
|
3 | | election. The slip shall be signed by all the judges of
|
4 | | election and shall be inserted by them in the first ballot |
5 | | box.
The judges of election shall thereupon immediately |
6 | | lock each
ballot box; provided, that if the box is not of a |
7 | | type which may
be securely locked, the box shall be sealed |
8 | | with filament tape
provided for the purpose that shall be |
9 | | wrapped around the box
lengthwise and crosswise, at least |
10 | | twice each way, and in a
manner that the seal completely |
11 | | covers the slot in the ballot
box, and each of the judges |
12 | | shall sign the seal. Two
of the judges of election, of |
13 | | different political parties, shall
by the most direct route |
14 | | transport both ballot
boxes to the counting location |
15 | | designated by the county clerk or
board of election |
16 | | commissioners.
|
17 | | Before the ballots of a precinct are fed to the |
18 | | electronic
Precinct Tabulation Optical Scan Technology |
19 | | tabulating equipment,
the first ballot box shall be opened |
20 | | at the central counting
station by the 2 precinct transport |
21 | | judges. Upon opening a
ballot box, the team shall first |
22 | | count the number of ballots in
the box. If 2 or more are |
23 | | folded together to appear to
have been cast by the same |
24 | | person, all of the ballots folded
together shall be marked |
25 | | and returned with the other ballots in
the same condition, |
26 | | as near as may be, in which they were found
when first |
|
| | SB0172 Enrolled | - 274 - | LRB098 04408 HLH 34436 b |
|
|
1 | | opened, but shall not be counted. If the remaining
ballots |
2 | | are found to exceed the number of persons voting in the
|
3 | | precinct as shown by the slip signed by the judges of |
4 | | election,
the ballots shall be replaced in the box, and the |
5 | | box closed and
well shaken and again opened and one of the |
6 | | precinct transport
judges shall publicly draw out so many |
7 | | ballots unopened as are
equal to the excess.
|
8 | | The excess ballots shall be marked "Excess-Not |
9 | | Counted" and
signed by the 2 precinct transport judges and |
10 | | shall be placed
in the "After 7:00 p.m. Defective Ballots |
11 | | Envelope". The number
of excess ballots shall be noted in |
12 | | the remarks section of the
Certificate of Results. "Excess" |
13 | | ballots shall not be counted in
the total of "defective" |
14 | | ballots.
|
15 | | The precinct transport judges shall then examine the
|
16 | | remaining ballots for write-in votes and shall count and |
17 | | tabulate
the write-in vote.
|
18 | | (2) A single ballot box, for the deposit of all votes |
19 | | cast,
shall be used. All ballots which are not to be |
20 | | tabulated on the
electronic voting system shall be counted, |
21 | | tallied, and returned
as elsewhere provided in this Code |
22 | | for the
counting and handling of paper ballots.
|
23 | | All ballots to be processed and tabulated with the |
24 | | electronic
Precinct Tabulation Optical Scan Technology |
25 | | voting system shall
be processed as follows:
|
26 | | Immediately after the closing of the polls, the |
|
| | SB0172 Enrolled | - 275 - | LRB098 04408 HLH 34436 b |
|
|
1 | | precinct judges of
election shall open the ballot box and |
2 | | canvass the votes
polled to determine that the number of |
3 | | ballots agree with
the number of voters voting as shown by |
4 | | the applications for
ballot, or if the same do not agree |
5 | | the judges of election shall
make such ballots agree with |
6 | | the applications for ballot in the
manner provided by |
7 | | Section 17-18 of this Code.
|
8 | | In case of an overvote for any office, the judges of
|
9 | | election, consisting in each case of at least one judge of
|
10 | | election of each of the 2 major political parties, shall |
11 | | make a
true duplicate ballot of all votes on the ballot |
12 | | except for
the office which is overvoted, by using the |
13 | | ballot of the
precinct and one of the marking devices, or |
14 | | equivalent ballot, of the
precinct to
transfer all votes of |
15 | | the voter except for the office overvoted,
to an official |
16 | | ballot of that kind used in the precinct at
that election. |
17 | | The original ballot upon which there is an
overvote shall |
18 | | be clearly labeled "Overvoted Ballot", and each
shall bear |
19 | | the same serial number which shall be placed thereon
by the |
20 | | judges of election, beginning with number 1 and
continuing |
21 | | consecutively for the ballots of that kind in that
|
22 | | precinct. The judges of election shall initial the |
23 | | "Duplicate
Overvoted Ballot" ballots and shall place them |
24 | | in the box for
return of the ballots. The "Overvoted |
25 | | Ballot" ballots shall be
placed in the "Duplicate Ballots" |
26 | | envelope. The ballots except
any defective or overvoted |
|
| | SB0172 Enrolled | - 276 - | LRB098 04408 HLH 34436 b |
|
|
1 | | ballot shall be placed separately in
the box for return of |
2 | | the ballots. The judges
of election shall examine the |
3 | | ballots to determine if any is
damaged or defective so that |
4 | | it cannot be counted by the
automatic tabulating equipment. |
5 | | If any ballot is
damaged or defective so that it cannot |
6 | | properly be counted by the
automatic tabulating equipment, |
7 | | the judges of election,
consisting in each case of at least |
8 | | one judge of election of each
of the 2 major political |
9 | | parties, shall make a true duplicate
ballot of all votes on |
10 | | such ballot by using the ballot of
the precinct and one of |
11 | | the marking devices, or equivalent ballot, of the
precinct. |
12 | | The
original ballot and ballot envelope shall be clearly
|
13 | | labeled "Damaged Ballot" and the ballot so
produced |
14 | | "Duplicate Damaged Ballot", and each shall bear the same
|
15 | | number which shall be placed thereon by the judges of |
16 | | election,
commencing with number 1 and continuing |
17 | | consecutively for the
ballots of that kind in the precinct. |
18 | | The judges of election
shall initial the "Duplicate Damaged |
19 | | Ballot" ballot and shall place them in
the box for return |
20 | | of the ballots.
The "Damaged Ballot" ballots
shall be |
21 | | placed in the "Duplicated Ballots" envelope. A slip
|
22 | | indicating the number of voters voting in person and the |
23 | | total number
of voters of the precinct who voted at the |
24 | | election shall be made
out, signed by all judges of |
25 | | election, and inserted in the box
for return of the |
26 | | ballots. The tally sheets recording the write-in votes |
|
| | SB0172 Enrolled | - 277 - | LRB098 04408 HLH 34436 b |
|
|
1 | | shall
be placed in this box. The judges of election |
2 | | immediately shall
securely lock the ballot box or other |
3 | | suitable box furnished for return of the
ballots by the |
4 | | election official in charge of the election; provided that |
5 | | if
the box is not of a type which may be securely locked, |
6 | | the box shall be
sealed with filament tape provided for the |
7 | | purpose which shall
be wrapped around the box lengthwise |
8 | | and crosswise, at least
twice each way. A separate adhesive |
9 | | seal label signed by each of
the judges of election of the |
10 | | precinct shall be affixed to the
box to cover any slot |
11 | | therein and to identify the box of
the precinct; and if the |
12 | | box is sealed with filament tape as
provided rather than |
13 | | locked, such tape shall be wrapped
around the box as |
14 | | provided, but in such manner that the
separate adhesive |
15 | | seal label affixed to the box and signed by the
judges may |
16 | | not be removed without breaking the filament tape and
|
17 | | disturbing the signature of the judges. Two of the
judges |
18 | | of election, of different major political parties,
shall by |
19 | | the most direct route transport the box for
return of the |
20 | | ballots and enclosed ballots and returns to the
central |
21 | | counting location designated by the election official in
|
22 | | charge of the election. If, however, because of the lack of
|
23 | | adequate parking facilities at the central counting |
24 | | location or
for any other reason, it is impossible or |
25 | | impracticable for the
boxes from all the polling places to |
26 | | be delivered directly to the
central counting location, the |
|
| | SB0172 Enrolled | - 278 - | LRB098 04408 HLH 34436 b |
|
|
1 | | election official in charge of the
election may designate |
2 | | some other location to which the boxes
shall be delivered |
3 | | by the 2 precinct judges. While at the other
location the |
4 | | boxes shall be in the care and custody of one or
more |
5 | | teams, each consisting of 4 persons, 2 from each of the 2
|
6 | | major political parties, designated for such purpose by the
|
7 | | election official in charge of elections from |
8 | | recommendations by
the appropriate political party |
9 | | organizations. As soon as
possible, the boxes shall be |
10 | | transported from the other location
to the central counting |
11 | | location by one or more teams, each
consisting of 4 |
12 | | persons, 2 from each of the 2 major political
parties, |
13 | | designated for the purpose by the election official in
|
14 | | charge of elections from recommendations by the |
15 | | appropriate
political party organizations.
|
16 | | The "Defective Ballots" envelope, and "Duplicated |
17 | | Ballots"
envelope each shall be securely sealed and the |
18 | | flap or end
of each envelope signed by the precinct judges |
19 | | of election and
returned to the central counting location |
20 | | with the box for return
of the ballots, enclosed ballots |
21 | | and returns.
|
22 | | At the central counting location, a team of tally |
23 | | judges
designated by the election official in charge of the |
24 | | election
shall check the box returned containing the |
25 | | ballots to determine
that all seals are intact, and shall |
26 | | open the box,
check the voters' slip and compare the number |
|
| | SB0172 Enrolled | - 279 - | LRB098 04408 HLH 34436 b |
|
|
1 | | of ballots so
delivered against the total number of voters |
2 | | of the precinct who
voted, remove the ballots and deliver |
3 | | them to the
technicians operating the automatic tabulating |
4 | | equipment. Any
discrepancies between the number of ballots |
5 | | and total number of
voters shall be noted on a sheet |
6 | | furnished for that purpose and
signed by the tally judges.
|
7 | | (3) A single ballot box, for the deposit of all votes |
8 | | cast,
shall be used. Immediately after the closing of the |
9 | | polls, the
precinct judges of election shall securely lock |
10 | | the ballot box;
provided that if such box is not of a type |
11 | | which may be securely
locked, the box shall be sealed with |
12 | | filament tape provided for
the purpose which shall be |
13 | | wrapped around the box lengthwise and
crosswise, at least |
14 | | twice each way. A separate adhesive seal
label signed by |
15 | | each of the judges of election of the precinct
shall be |
16 | | affixed to the box to cover any slot therein and
to |
17 | | identify the box of the precinct; and if the box is sealed
|
18 | | with filament tape as provided rather than locked, such
|
19 | | tape shall be wrapped around the box as provided, but in
a |
20 | | manner that the separate adhesive seal label affixed to the
|
21 | | box and signed by the judges may not be removed without |
22 | | breaking
the filament tape and disturbing the signature of |
23 | | the judges.
Two of the judges of election, of different |
24 | | major
political parties, shall by the most direct route
|
25 | | transport the box for return of the ballots and enclosed |
26 | | vote by mail absentee and early
ballots and returns to the |
|
| | SB0172 Enrolled | - 280 - | LRB098 04408 HLH 34436 b |
|
|
1 | | central counting location designated
by the election |
2 | | official in charge of the election. If however,
because of |
3 | | the lack of adequate parking facilities at the central
|
4 | | counting location or for some other reason, it is |
5 | | impossible or
impracticable for the boxes from all the |
6 | | polling places to be
delivered directly to the central |
7 | | counting location, the election
official in charge of the |
8 | | election may designate some other
location to which the |
9 | | boxes shall be delivered by the 2 precinct
judges. While at |
10 | | the other location the boxes shall be in the
care and |
11 | | custody of one or more teams, each consisting of 4
persons, |
12 | | 2 from each of the 2 major political parties,
designated |
13 | | for the purpose by the election official in charge of
|
14 | | elections from recommendations by the appropriate |
15 | | political party
organizations. As soon as possible, the |
16 | | boxes shall be
transported from the other location to the |
17 | | central counting
location by one or more teams, each |
18 | | consisting of 4 persons, 2
from each of the 2 major |
19 | | political parties, designated for the
purpose by the |
20 | | election official in charge of the election from
|
21 | | recommendations by the appropriate political party |
22 | | organizations.
|
23 | | At the central counting location there shall be one or |
24 | | more
teams of tally judges who possess the same |
25 | | qualifications as
tally judges in election jurisdictions |
26 | | using paper ballots. The
number of the teams shall be |
|
| | SB0172 Enrolled | - 281 - | LRB098 04408 HLH 34436 b |
|
|
1 | | determined by the election
authority. Each team shall |
2 | | consist of 5 tally judges, 3 selected
and approved by the |
3 | | county board from a certified list furnished
by the |
4 | | chairman of the county central committee of the party with
|
5 | | the majority of members on the county board and 2 selected |
6 | | and
approved by the county board from a certified list |
7 | | furnished by
the chairman of the county central committee |
8 | | of the party with
the second largest number of members on |
9 | | the county board. At the
central counting location a team |
10 | | of tally judges shall open the
ballot box and canvass the |
11 | | votes polled to determine that the
number of ballot sheets |
12 | | therein agree with the number of voters
voting as shown by |
13 | | the applications for ballot and, if the same do not agree, |
14 | | the tally judges shall
make such ballots agree with the |
15 | | number of applications for
ballot in the manner provided by |
16 | | Section 17-18 of this
Code. The tally judges shall then |
17 | | examine all ballot sheets
that are in the ballot box to |
18 | | determine whether they bear the
initials of the precinct |
19 | | judge of election. If any ballot is not
initialed, it shall |
20 | | be marked on the back "Defective", initialed
as to that |
21 | | label by all tally judges immediately under the word
|
22 | | "Defective", and not counted, but placed in the envelope |
23 | | provided
for that purpose labeled "Defective Ballots |
24 | | Envelope". An
overvote for one office shall invalidate only |
25 | | the vote or count
for that particular office.
|
26 | | At the central counting location, a team of tally |
|
| | SB0172 Enrolled | - 282 - | LRB098 04408 HLH 34436 b |
|
|
1 | | judges
designated by the election official in charge of the |
2 | | election
shall deliver the ballot sheets to the technicians |
3 | | operating the
automatic Precinct Tabulation Optical Scan |
4 | | Technology tabulating
equipment. Any discrepancies between |
5 | | the number of ballots and
total number of voters shall be |
6 | | noted on a sheet furnished for
that purpose and signed by |
7 | | the tally judges.
|
8 | | (b) Regardless of which procedure described in subsection
|
9 | | (a) of this Section is used, the judges of election designated |
10 | | to
transport the ballots properly signed and sealed,
shall |
11 | | ensure that the ballots are delivered to the
central counting |
12 | | station no later than 12 hours after the polls
close. At the |
13 | | central counting station, a team of tally judges
designated by |
14 | | the election official in charge of the election
shall examine |
15 | | the ballots so transported and shall not accept
ballots for |
16 | | tabulating which are not signed and sealed as
provided in |
17 | | subsection (a) of this Section until the judges
transporting |
18 | | the ballots make and sign the necessary corrections.
Upon |
19 | | acceptance of the ballots by a team of tally judges at the
|
20 | | central counting station, the election judges transporting the
|
21 | | ballots shall take a receipt signed by the election official in
|
22 | | charge of the election and stamped with the date and time of
|
23 | | acceptance. The election judges whose duty it is to transport
|
24 | | any ballots shall, in the event the ballots cannot be found |
25 | | when
needed, on proper request, produce the receipt which they |
26 | | are to
take as above provided.
|
|
| | SB0172 Enrolled | - 283 - | LRB098 04408 HLH 34436 b |
|
|
1 | | (Source: P.A. 93-574, eff. 8-21-03; 94-645, eff. 8-22-05; |
2 | | 94-1000, eff. 7-3-06.)
|
3 | | (10 ILCS 5/24B-15.1)
|
4 | | Sec. 24B-15.1. Discovery recounts and election contests.
|
5 | | Except as provided, discovery recounts and election
contests |
6 | | shall be conducted as otherwise provided for in
this Code. The |
7 | | automatic Precinct Tabulation
Optical Scan Technology |
8 | | tabulating equipment shall be tested
prior to the discovery |
9 | | recount or election contest as provided in
Section 24B-9, and |
10 | | then the official ballots shall be recounted
on the automatic |
11 | | tabulating equipment. In addition, (a) the
ballots shall be |
12 | | checked for the presence or absence of judges'
initials and |
13 | | other distinguishing marks, and (b) the ballots
marked |
14 | | "Rejected", "Defective", "Objected To", "Early Ballot", and |
15 | | " Vote by Mail Absentee
Ballot" shall be examined to determine |
16 | | the propriety of the
labels, and (c) the "Duplicate Vote by |
17 | | Mail Absentee Ballots", "Duplicate
Overvoted Ballots", |
18 | | "Duplicate Early Ballot", and "Duplicate Damaged Ballots" |
19 | | shall be
compared with their respective originals to determine |
20 | | the
correctness of the duplicates.
|
21 | | Any person who has filed a petition for discovery recount
|
22 | | may request that a redundant count be conducted in those
|
23 | | precincts in which the discovery recount is being conducted. |
24 | | The
additional costs of a redundant count shall be borne by the
|
25 | | requesting party.
|
|
| | SB0172 Enrolled | - 284 - | LRB098 04408 HLH 34436 b |
|
|
1 | | The log of the computer operator and all materials retained
|
2 | | by the election authority in relation to vote tabulation and
|
3 | | canvass shall be made available for any discovery recount or
|
4 | | election contest.
|
5 | | (Source: P.A. 94-645, eff. 8-22-05.)
|
6 | | (10 ILCS 5/24C-1)
|
7 | | Sec. 24C-1. Purpose. The purpose of this Article is to
|
8 | | authorize the use of Direct Recording Electronic Voting Systems
|
9 | | approved by the State Board of Elections. In a Direct Recording
|
10 | | Electronic Voting System, voters cast votes by means of a |
11 | | ballot
display provided with mechanical or electro-optical |
12 | | devices that
can be activated by the voters to mark their |
13 | | choices for the
candidates of their preference and for or |
14 | | against public
questions. Such voting devices shall be capable |
15 | | of
instantaneously recording such votes, storing such votes,
|
16 | | producing a permanent paper record and tabulating such votes at
|
17 | | the precinct or at one or more counting stations. This Article
|
18 | | authorizes the use of Direct Recording Electronic Voting |
19 | | Systems
for in-precinct counting applications and for early |
20 | | in-person absentee
voting in the office of the election |
21 | | authority and in the
offices of local officials authorized by |
22 | | the election authority
to conduct such early absentee voting. |
23 | | All other early absentee ballots
must be counted at the office |
24 | | of the election authority.
|
25 | | (Source: P.A. 93-574, eff. 8-21-03.)
|
|
| | SB0172 Enrolled | - 285 - | LRB098 04408 HLH 34436 b |
|
|
1 | | (10 ILCS 5/24C-6)
|
2 | | Sec. 24C-6. Ballot Information; Arrangement; Direct
|
3 | | Recording Electronic Voting System; Vote by Mail Absentee |
4 | | Ballots; Spoiled
Ballots. The ballot information, shall, as far |
5 | | as practicable,
be in the order of arrangement provided for |
6 | | paper ballots,
except that the information may be in vertical |
7 | | or horizontal
rows, or on a number of separate pages or display |
8 | | screens.
|
9 | | Ballots for all public questions to be voted on should be
|
10 | | provided in a similar manner and must be arranged on the ballot
|
11 | | in the places provided for such purposes. All public questions,
|
12 | | including but not limited to public questions calling for a
|
13 | | constitutional convention, constitutional amendment, or |
14 | | judicial
retention, shall be placed on the ballot separate and |
15 | | apart from
candidates. Ballots for all public questions shall |
16 | | be clearly
designated by borders or different color screens. |
17 | | More than one
amendment to the constitution may be placed on |
18 | | the same portion
of the ballot sheet. Constitutional convention |
19 | | or
constitutional amendment propositions shall be placed on a
|
20 | | separate portion of the ballot and designated by borders or
|
21 | | unique color screens, unless otherwise provided by
|
22 | | administrative rule of the State Board of Elections. More than
|
23 | | one public question may be placed on the same portion of the
|
24 | | ballot. More than one proposition for retention of judges in
|
25 | | office may be placed on the same portion of the ballot.
|
|
| | SB0172 Enrolled | - 286 - | LRB098 04408 HLH 34436 b |
|
|
1 | | The party affiliation, if any, of each candidate or the
|
2 | | word "independent", where applicable, shall appear near or |
3 | | under
the candidate's name, and the names of candidates for the |
4 | | same
office shall be listed vertically under the title of that
|
5 | | office. In the case of nonpartisan elections for officers of
|
6 | | political subdivisions, unless the statute or an ordinance
|
7 | | adopted pursuant to Article VII of the Constitution requires
|
8 | | otherwise, the listing of nonpartisan candidates shall not
|
9 | | include any party or "independent" designation. If no candidate |
10 | | or candidates file for an office and if no person or persons |
11 | | file a declaration as a write-in candidate for that office, |
12 | | then below the title of that office the election authority |
13 | | shall print "No Candidate". In primary
elections, a separate |
14 | | ballot shall be used for each political
party holding a |
15 | | primary, with the ballot arranged to include
names of the |
16 | | candidates of the party and public questions and
other |
17 | | propositions to be voted upon on the day of the primary
|
18 | | election.
|
19 | | If the ballot includes both candidates for office and
|
20 | | public questions or propositions to be voted on, the election
|
21 | | official in charge of the election shall divide the ballot in
|
22 | | sections for "Candidates" and "Public Questions", or separate
|
23 | | ballots may be used.
|
24 | | Any voter who spoils his or her ballot, makes an error, or
|
25 | | has a ballot rejected by the automatic tabulating equipment
|
26 | | shall be provided a means of correcting the ballot or obtaining
|
|
| | SB0172 Enrolled | - 287 - | LRB098 04408 HLH 34436 b |
|
|
1 | | a new ballot prior to casting his or her ballot.
|
2 | | Any election authority using a Direct Recording Electronic
|
3 | | Voting System may use voting systems approved for use under
|
4 | | Articles 24A or 24B of this Code in conducting vote by mail or |
5 | | early absentee voting
in the office of the election authority |
6 | | or voted by mail .
|
7 | | (Source: P.A. 95-862, eff. 8-19-08.)
|
8 | | (10 ILCS 5/24C-11)
|
9 | | Sec. 24C-11. Functional requirements. A Direct Recording |
10 | | Electronic Voting System shall, in
addition to satisfying the |
11 | | other requirements of this Article,
fulfill the following |
12 | | functional requirements:
|
13 | | (a) Provide a voter in a primary election with the means
of |
14 | | casting a ballot containing votes for any and all candidates
of |
15 | | the party or parties of his or her choice, and for any and
all |
16 | | non-partisan candidates and public questions and preclude
the |
17 | | voter from voting for any candidate of any other political
|
18 | | party except when legally permitted. In a general election, the
|
19 | | system shall provide the voter with means of selecting the
|
20 | | appropriate number of candidates for any office, and of voting
|
21 | | on any public question on the ballot to which he or she is
|
22 | | entitled to vote.
|
23 | | (b) If a voter is not entitled to vote for particular
|
24 | | candidates or public questions appearing on the ballot, the
|
25 | | system shall prevent the selection of the prohibited votes.
|
|
| | SB0172 Enrolled | - 288 - | LRB098 04408 HLH 34436 b |
|
|
1 | | (c) Once the proper ballot has been selected, the
system |
2 | | devices shall provide a means of enabling the recording
of |
3 | | votes and the casting of said ballot.
|
4 | | (d) System voting devices shall provide voting choices
that |
5 | | are clear to the voter and labels indicating the names of
every |
6 | | candidate and the text of every public question on the
voter's |
7 | | ballot. Each label shall identify the selection button
or |
8 | | switch, or the active area of the ballot associated with it.
|
9 | | The system shall be able to incorporate minimal, easy-to-follow
|
10 | | on-screen instruction for the voter on how to cast a ballot.
|
11 | | (e) Voting devices shall (i) enable the voter to vote for
|
12 | | any and all candidates and public questions appearing on the
|
13 | | ballot for which the voter is lawfully entitled to vote, in any
|
14 | | legal number and combination; (ii) detect and reject all votes
|
15 | | for an office or upon a public question when the voter has cast
|
16 | | more votes for the office or upon the public question than the
|
17 | | voter is entitled to cast; (iii) notify the voter if the |
18 | | voter's
choices as recorded on the ballot for an office or |
19 | | public
question are fewer than or exceed the number that the |
20 | | voter is
entitled to vote for on that office or public question |
21 | | and the
effect of casting more or fewer votes than legally |
22 | | permitted; (iv) notify
the voter if the voter has failed to |
23 | | completely cast a vote for
an office or public question |
24 | | appearing on the ballot; and (v)
permit the voter, in a private |
25 | | and independent manner, to verify
the votes selected by the |
26 | | voter, to change the ballot or to
correct any error on the |
|
| | SB0172 Enrolled | - 289 - | LRB098 04408 HLH 34436 b |
|
|
1 | | ballot before the ballot is completely cast and
counted. A |
2 | | means shall be provided to indicate each selection
after it has |
3 | | been made or canceled.
|
4 | | (f) System voting devices shall provide a means for the
|
5 | | voter to signify that the selection of candidates and public
|
6 | | questions has been completed. Upon activation, the system shall
|
7 | | record an image of the completed ballot, increment the proper
|
8 | | ballot position registers, and shall signify to the voter that
|
9 | | the ballot has been cast. The system shall then prevent any
|
10 | | further attempt to vote until it has been reset or re-enabled |
11 | | by
a judge of election.
|
12 | | (g) Each system voting device shall be equipped with a
|
13 | | public counter that can be set to zero prior to the opening of
|
14 | | the polling place, and that records the number of ballots cast
|
15 | | at a particular election. The counter shall be incremented only
|
16 | | by the casting of a ballot. The counter shall be designed to
|
17 | | prevent disabling or resetting by other than authorized persons
|
18 | | after the polls close. The counter shall be visible to all
|
19 | | judges of election so long as the device is installed at the
|
20 | | polling place.
|
21 | | (h) Each system voting device shall be equipped with a
|
22 | | protective counter that records all of the testing and election
|
23 | | ballots cast since the unit was built. This counter shall be
|
24 | | designed so that its reading cannot be changed by any cause
|
25 | | other than the casting of a ballot. The protective counter
|
26 | | shall be incapable of ever being reset and it shall be visible
|
|
| | SB0172 Enrolled | - 290 - | LRB098 04408 HLH 34436 b |
|
|
1 | | at all times when the device is configured for testing,
|
2 | | maintenance, or election use.
|
3 | | (i) All system devices shall provide a means of preventing
|
4 | | further voting once the polling place has closed and after all
|
5 | | eligible voters have voted. Such means of control shall
|
6 | | incorporate a visible indication of system status. Each device
|
7 | | shall prevent any unauthorized use, prevent tampering with
|
8 | | ballot labels and preclude its re-opening once the poll closing
|
9 | | has been completed for that election.
|
10 | | (j) The system shall produce a printed summary report of
|
11 | | the votes cast upon each voting device. Until the proper
|
12 | | sequence of events associated with closing the polling place |
13 | | has
been completed, the system shall not allow the printing of |
14 | | a
report or the extraction of data. The printed report shall |
15 | | also
contain all system audit information to be required by the
|
16 | | election authority. Data shall not be altered or otherwise
|
17 | | destroyed by report generation and the system shall ensure the
|
18 | | integrity and security of data for a period of at least 6 |
19 | | months
after the polls close.
|
20 | | (k) If more than one voting device is used in a polling
|
21 | | place, the system shall provide a means to manually or
|
22 | | electronically consolidate the data from all such units into a
|
23 | | single report even if different voting systems are used to
|
24 | | record absentee ballots. The system shall also be capable of
|
25 | | merging the vote tabulation results produced by other vote
|
26 | | tabulation systems, if necessary.
|
|
| | SB0172 Enrolled | - 291 - | LRB098 04408 HLH 34436 b |
|
|
1 | | (l) System functions shall be implemented such that
|
2 | | unauthorized access to them is prevented and the execution of
|
3 | | authorized functions in an improper sequence is precluded.
|
4 | | System functions shall be executable only in the intended |
5 | | manner
and order, and only under the intended conditions. If |
6 | | the
preconditions to a system function have not been met, the
|
7 | | function shall be precluded from executing by the system's
|
8 | | control logic.
|
9 | | (m) All system voting devices shall incorporate at least 3
|
10 | | memories in the machine itself and in its programmable memory
|
11 | | devices.
|
12 | | (n) The system shall include capabilities of recording and
|
13 | | reporting the date and time of normal and abnormal events and |
14 | | of
maintaining a permanent record of audit information that |
15 | | cannot
be turned off. Provisions shall be made to detect and |
16 | | record
significant events (e.g., casting a ballot, error |
17 | | conditions
that cannot be disposed of by the system itself, |
18 | | time-dependent
or programmed events that occur without the |
19 | | intervention of the
voter or a judge of election).
|
20 | | (o) The system and each system voting device must be
|
21 | | capable of creating, printing and maintaining a permanent paper
|
22 | | record and an electronic image of each ballot that is cast such
|
23 | | that records of individual ballots are maintained by a |
24 | | subsystem
independent and distinct from the main vote |
25 | | detection,
interpretation, processing and reporting path. The |
26 | | electronic
images of each ballot must protect the integrity of |
|
| | SB0172 Enrolled | - 292 - | LRB098 04408 HLH 34436 b |
|
|
1 | | the data and
the anonymity of each voter, for example, by means |
2 | | of storage
location scrambling. The ballot image records may be |
3 | | either
machine-readable or manually transcribed, or both, at |
4 | | the
discretion of the election authority.
|
5 | | (p) The system shall include built-in test, measurement
and |
6 | | diagnostic software and hardware for detecting and reporting
|
7 | | the system's status and degree of operability.
|
8 | | (q) The system shall contain provisions for maintaining
the |
9 | | integrity of memory voting and audit data during an election
|
10 | | and for a period of at least 6 months thereafter and shall
|
11 | | provide the means for creating an audit trail.
|
12 | | (r) The system shall be fully accessible so as to permit |
13 | | blind or
visually impaired voters as well as physically |
14 | | disabled voters
to exercise their right to vote in private and |
15 | | without
assistance.
|
16 | | (s) The system shall provide alternative language
|
17 | | accessibility if required pursuant to Section 203 of the Voting
|
18 | | Rights Act of 1965.
|
19 | | (t) Each voting device shall enable a voter to vote for a
|
20 | | person whose name does not appear on the ballot.
|
21 | | (u) The system shall record and count accurately each vote
|
22 | | properly cast for or against any candidate and for or against
|
23 | | any public question, including the names of all candidates |
24 | | whose
names are written in by the voters.
|
25 | | (v) The system shall allow for accepting provisional
|
26 | | ballots and for separating such provisional ballots from
|
|
| | SB0172 Enrolled | - 293 - | LRB098 04408 HLH 34436 b |
|
|
1 | | precinct totals until authorized by the election authority.
|
2 | | (w) The system shall provide an effective audit trail as
|
3 | | defined in Section 24C-2 in this Code.
|
4 | | (x) The system shall be suitably designed for the purpose
|
5 | | used, be durably constructed, and be designed for safety,
|
6 | | accuracy and efficiency.
|
7 | | (y) The system shall comply with all provisions of
federal, |
8 | | State and local election laws and regulations and any
future |
9 | | modifications to those laws and regulations.
|
10 | | (Source: P.A. 95-699, eff. 11-9-07.)
|
11 | | (10 ILCS 5/24C-13)
|
12 | | Sec. 24C-13. Vote by Mail Absentee ballots; Early voting |
13 | | ballots; Proceedings at Location for
Central Counting; |
14 | | Employees; Approval of List.
|
15 | | (a) All jurisdictions using Direct Recording Electronic
|
16 | | Voting Systems shall use paper ballots or paper ballot sheets
|
17 | | approved for use under Articles 16, 24A or 24B of this Code |
18 | | when
conducting vote by mail absentee voting except that Direct |
19 | | Recording
Electronic Voting Systems may be used for in-person |
20 | | absentee
voting conducted pursuant to Section 19-2.1 of this |
21 | | Code . All vote by mail
absentee ballots shall be counted at the |
22 | | central ballot counting location of the election
authority. The |
23 | | provisions of Section 24A-9, 24B-9 and 24C-9 of
this Code shall |
24 | | apply to the testing and notice requirements for
central count |
25 | | tabulation equipment, including comparing the
signature on the |
|
| | SB0172 Enrolled | - 294 - | LRB098 04408 HLH 34436 b |
|
|
1 | | ballot envelope with the signature of the voter
on the |
2 | | permanent voter registration record card taken from the
master |
3 | | file. Vote results shall be recorded by precinct and shall
be |
4 | | added to the vote results for the precinct in which the vote by |
5 | | mail
absent voter was eligible to vote prior to completion of |
6 | | the
official canvass.
|
7 | | (b) All proceedings at the location for central counting
|
8 | | shall be under the direction of the county clerk or board of
|
9 | | election commissioners. Except for any specially trained
|
10 | | technicians required for the operation of the Direct Recording
|
11 | | Electronic Voting System, the employees at the counting station
|
12 | | shall be equally divided between members of the 2 leading
|
13 | | political parties and all duties performed by the employees
|
14 | | shall be by teams consisting of an equal number of members of
|
15 | | each political party. Thirty days before an election the county
|
16 | | clerk or board of election commissioners shall submit to the
|
17 | | chairman of each political party, for his or her approval or
|
18 | | disapproval, a list of persons of his or her party proposed to
|
19 | | be employed. If a chairman fails to notify the election
|
20 | | authority of his or her disapproval of any proposed employee
|
21 | | within a period of 10 days thereafter the list shall be deemed
|
22 | | approved.
|
23 | | (Source: P.A. 93-574, eff. 8-21-03; 94-645, eff. 8-22-05; |
24 | | 94-1000, eff. 7-3-06.)
|
25 | | (10 ILCS 5/24C-15)
|
|
| | SB0172 Enrolled | - 295 - | LRB098 04408 HLH 34436 b |
|
|
1 | | Sec. 24C-15. Official Return of Precinct; Check of Totals;
|
2 | | Audit. The precinct return printed by the Direct Recording
|
3 | | Electronic Voting System tabulating equipment shall include |
4 | | the
number of ballots cast and votes cast for each candidate |
5 | | and
public question and shall constitute the official return of |
6 | | each
precinct. In addition to the precinct return, the election
|
7 | | authority shall provide the number of applications for ballots
|
8 | | in each precinct, the total number of ballots and vote by mail |
9 | | absentee
ballots counted in each precinct for each political |
10 | | subdivision
and district and the number of registered voters in |
11 | | each
precinct. However, the election authority shall check the
|
12 | | totals shown by the precinct return and, if there is an obvious
|
13 | | discrepancy regarding the total number of votes cast in any
|
14 | | precinct, shall have the ballots for that precinct audited to
|
15 | | correct the return. The procedures for this audit shall apply
|
16 | | prior to and after the proclamation is completed; however, |
17 | | after
the proclamation of results, the election authority must |
18 | | obtain
a court order to unseal voted ballots or voting devices |
19 | | except
for election contests and discovery recounts. The |
20 | | certificate
of results, which has been prepared and signed by |
21 | | the judges of
election after the ballots have been
tabulated, |
22 | | shall be the document used for the canvass of votes
for such |
23 | | precinct. Whenever a discrepancy exists during the
canvass of |
24 | | votes between the unofficial results and the
certificate of |
25 | | results, or whenever a discrepancy exists during
the canvass of |
26 | | votes between the certificate of results and the
set of totals |
|
| | SB0172 Enrolled | - 296 - | LRB098 04408 HLH 34436 b |
|
|
1 | | reflected on the certificate of results, the
ballots for that |
2 | | precinct shall be audited to correct the
return.
|
3 | | Prior to the proclamation, the election authority shall
|
4 | | test the voting devices and equipment in 5% of the precincts
|
5 | | within the election jurisdiction, as well as 5% of the voting |
6 | | devices used in early voting. The precincts and the voting |
7 | | devices to be tested
shall be selected after election day on a |
8 | | random basis by the
State Board of Elections, so that every |
9 | | precinct and every device used in early voting in the election
|
10 | | jurisdiction has an equal mathematical chance of being |
11 | | selected.
The State Board of Elections shall design a standard |
12 | | and
scientific random method of selecting the precincts and |
13 | | voting devices that are to
be tested. The State central |
14 | | committee
chairman of each established political party shall be |
15 | | given prior written notice of the time
and place of the random |
16 | | selection procedure and may be
represented at the procedure.
|
17 | | The test shall be conducted by counting the votes marked on
|
18 | | the permanent paper record of each ballot cast in the tested
|
19 | | precinct printed by the voting system at the time that each
|
20 | | ballot was cast and comparing the results of this count with |
21 | | the
results shown by the certificate of results prepared by the
|
22 | | Direct Recording Electronic Voting System in the test precinct.
|
23 | | The election authority shall test count these votes either by
|
24 | | hand or by using an automatic tabulating device other than a
|
25 | | Direct Recording Electronic voting device that has been |
26 | | approved
by the State Board of Elections for that purpose and |
|
| | SB0172 Enrolled | - 297 - | LRB098 04408 HLH 34436 b |
|
|
1 | | tested
before use to ensure accuracy. The election authority |
2 | | shall
print the results of each test count. If any error is |
3 | | detected,
the cause shall be determined and corrected, and an |
4 | | errorless
count shall be made prior to the official canvass and
|
5 | | proclamation of election results. If an errorless count cannot
|
6 | | be conducted and there continues to be difference in vote
|
7 | | results between the certificate of results produced by the
|
8 | | Direct Recording Electronic Voting System and the count of the
|
9 | | permanent paper records or if an error was detected and
|
10 | | corrected, the election authority shall immediately prepare |
11 | | and
forward to the appropriate canvassing board a written |
12 | | report
explaining the results of the test and any errors |
13 | | encountered
and the report shall be made available for public |
14 | | inspection.
|
15 | | The State Board of Elections, the State's Attorney and
|
16 | | other appropriate law enforcement agencies, the county |
17 | | chairman
of each established political party and qualified |
18 | | civic
organizations shall be given prior written notice of the |
19 | | time
and place of the test and may be represented at the test.
|
20 | | The results of this post-election test shall be treated in
|
21 | | the same manner and have the same effect as the results of the
|
22 | | discovery procedures set forth in Section 22-9.1 of this Code.
|
23 | | (Source: P.A. 97-81, eff. 7-5-11.)
|
24 | | (10 ILCS 5/25-7) (from Ch. 46, par. 25-7)
|
25 | | Sec. 25-7.
(a) When any vacancy shall occur in the office |
|
| | SB0172 Enrolled | - 298 - | LRB098 04408 HLH 34436 b |
|
|
1 | | of representative in congress
from this state more than 180 |
2 | | days before the next general election, the
Governor shall issue |
3 | | a writ of election within 5 days after the occurrence
of that |
4 | | vacancy to the county clerks of the several counties in the
|
5 | | district where the vacancy exists, appointing a day within 115 |
6 | | days of issuance of the writ to hold
a special election to fill |
7 | | such vacancy.
|
8 | | (b) Notwithstanding subsection (a) of this Section or any |
9 | | other law to the contrary, a special election to fill a vacancy |
10 | | in the office of representative in congress occurring less than |
11 | | 60 days following the 2012 general election shall be held as |
12 | | provided in this subsection (b). A special primary election |
13 | | shall be held on February 26, 2013, and a special election |
14 | | shall be held on April 9, 2013. |
15 | | Except as provided in this subsection (b), the provisions |
16 | | of Article 7 of this Code are applicable to petitions for the |
17 | | special primary election and special election. Petitions for |
18 | | nomination in accordance with Article 7 shall be filed in the |
19 | | principal office of the State Board of Elections not more than |
20 | | 54 and not less than 50 days prior to the date of the special |
21 | | primary election, excluding Saturday and Sunday. Petitions for |
22 | | the nomination of independent candidates and candidates of new |
23 | | political parties shall be filed in the principal office of the |
24 | | State Board of Elections not more than 68 and not less than 64 |
25 | | days prior to the date of the special election, excluding |
26 | | Saturday and Sunday. |
|
| | SB0172 Enrolled | - 299 - | LRB098 04408 HLH 34436 b |
|
|
1 | | Except as provided in this subsection, the State Board of |
2 | | Elections shall have authority to establish, in conjunction |
3 | | with the impacted election authorities, an election calendar |
4 | | for the special election and special primary. |
5 | | If an election authority is unable to have a sufficient |
6 | | number of ballots printed so that ballots will be available for |
7 | | mailing at least 46 days prior to the special primary election |
8 | | or special election to persons who have filed an application |
9 | | for a ballot under the provisions of Article 20 of this Code, |
10 | | the election authority shall, no later than 45 days prior to |
11 | | each election, mail to each of those persons a Special Write-in |
12 | | Vote by Mail Absentee Voter's Blank Ballot in accordance with |
13 | | Section 16-5.01 of this Code. The election authority shall |
14 | | advise those persons that the names of candidates to be |
15 | | nominated or elected shall be available on the election |
16 | | authority's website and shall provide a phone number the person |
17 | | may call to request the names of the candidates for nomination |
18 | | or election. |
19 | | (Source: P.A. 97-1134, eff. 12-3-12.)
|
20 | | (10 ILCS 5/28-9) (from Ch. 46, par. 28-9)
|
21 | | Sec. 28-9.
Petitions for proposed amendments to Article IV |
22 | | of the
Constitution pursuant to Section 3, Article XIV of the |
23 | | Constitution shall be
signed by a number of electors equal in |
24 | | number to at least 8% of the total
votes cast for candidates |
25 | | for Governor in the preceding gubernatorial election.
Such |
|
| | SB0172 Enrolled | - 300 - | LRB098 04408 HLH 34436 b |
|
|
1 | | petition shall have been signed by the petitioning electors not |
2 | | more than
24 months preceding the general election at which the |
3 | | proposed amendment is to
be submitted and shall be filed with |
4 | | the Secretary of State at least 6 months
before that general |
5 | | election.
|
6 | | Upon receipt of a petition for a proposed Constitutional |
7 | | amendment, the
Secretary of State shall, as soon as is |
8 | | practicable, but no later than the
close of the next business |
9 | | day, deliver such petition to the State Board of
Elections.
|
10 | | Petitions for advisory questions of public policy to be |
11 | | submitted to the
voters of the entire State shall be signed by |
12 | | a number of voters
equal in number to 8% of the total votes |
13 | | cast for candidates for Governor in
the preceding gubernatorial |
14 | | election. Such petition shall have been signed by
said |
15 | | petitioners not more than 24 months preceding the date of the |
16 | | general
election at which the question is to be submitted and |
17 | | shall be filed with the
State Board of Elections at least 6 |
18 | | months before that general election.
|
19 | | The proponents of the proposed statewide advisory
public |
20 | | question shall file the original petition in bound election |
21 | | jurisdiction
sections. Each section shall be composed of |
22 | | consecutively numbered petition
sheets containing only the |
23 | | signatures of registered voters of a single election
|
24 | | jurisdiction and, at the top of each petition sheet, the name |
25 | | of the election
jurisdiction shall be typed or printed in block |
26 | | letters; provided that,
if the name of the election |
|
| | SB0172 Enrolled | - 301 - | LRB098 04408 HLH 34436 b |
|
|
1 | | jurisdiction is not so printed, the election
jurisdiction of |
2 | | the circulator of that petition sheet shall be controlling
with |
3 | | respect to the signatures on that sheet .
Any petition sheets |
4 | | not consecutively numbered or which contain duplicate
page |
5 | | numbers already used on other sheets, or are photocopies or |
6 | | duplicates
of the original sheets, shall not be considered part |
7 | | of the petition for
the purpose of the random sampling |
8 | | verification and shall not be counted
toward the minimum number |
9 | | of signatures required to qualify the proposed
statewide |
10 | | advisory public question for the ballot.
|
11 | | Within 7 business days following the last day for filing |
12 | | the original
petition, the proponents shall also file copies of |
13 | | the sectioned election
jurisdiction petition sheets with each |
14 | | proper election authority
and obtain a receipt therefor.
|
15 | | For purposes of this Act, the following terms shall be |
16 | | defined and construed
as follows:
|
17 | | 1. "Board" means the State Board of Elections.
|
18 | | 2. "Election Authority" means a county clerk or city or |
19 | | county board of
election commissioners.
|
20 | | 3. (Blank). "Election Jurisdiction" means (a) an entire |
21 | | county, in the case of
a county in which no city board of |
22 | | election commissioners is located or which
is under the |
23 | | jurisdiction of a county board of election commissioners; (b)
|
24 | | the territorial jurisdiction of a city board of election |
25 | | commissioners;
and (c) the territory in a county outside of the |
26 | | jurisdiction of a city
board of election commissioners. In each |
|
| | SB0172 Enrolled | - 302 - | LRB098 04408 HLH 34436 b |
|
|
1 | | instance election jurisdiction
shall be determined according |
2 | | to which election authority maintains the
permanent |
3 | | registration records of qualified electors.
|
4 | | 4. "Proponents" means any person, association, committee, |
5 | | organization
or other group, or their designated |
6 | | representatives, who advocate and cause
the circulation and |
7 | | filing of petitions for a statewide advisory question
of public |
8 | | policy or a proposed constitutional amendment for submission at
|
9 | | a general election and who has registered with the Board as |
10 | | provided in
this Act.
|
11 | | 5. "Opponents" means any person, association, committee, |
12 | | organization
or other group, or their designated |
13 | | representatives, who oppose a statewide
advisory question of |
14 | | public policy or a proposed constitutional amendment
for |
15 | | submission at a general election and who have registered with |
16 | | the Board
as provided in this Act.
|
17 | | (Source: P.A. 97-81, eff. 7-5-11.)
|
18 | | (10 ILCS 5/29-5) (from Ch. 46, par. 29-5)
|
19 | | Sec. 29-5. Voting more than once. Any person who, having |
20 | | voted once, knowingly on the same election day
where the ballot |
21 | | or machine lists any of the same candidates and issues
listed |
22 | | on the ballot or machine previously used for voting by that |
23 | | person,
(a) files an application to vote in the same or another |
24 | | polling place, or
(b) accepts a ballot or enters a voting |
25 | | machine (except to legally give
assistance pursuant to the |
|
| | SB0172 Enrolled | - 303 - | LRB098 04408 HLH 34436 b |
|
|
1 | | provisions of this Code), shall be guilty of a
Class 3 felony; |
2 | | however, if a person has delivered a ballot or ballots to
an |
3 | | election authority as a vote by mail an absentee voter and due |
4 | | to a change of
circumstances is able to and does vote in the |
5 | | precinct of his residence on
election day, shall not be deemed |
6 | | to be in violation of this Code.
|
7 | | (Source: P.A. 83-755.)
|
8 | | (10 ILCS 5/29-20) (from Ch. 46, par. 29-20)
|
9 | | Sec. 29-20. Vote by Mail Absentee ballots - violations. A |
10 | | person is guilty
of a Class 3 felony who knowingly:
|
11 | | (1) Solicits another person, knowing that the person is |
12 | | not legally
qualified to vote as a vote by mail an absent |
13 | | voter, to apply for a vote by mail an absentee ballot;
|
14 | | (2) Solicits another person, knowing that the person is |
15 | | not legally
qualified to vote as a vote by mail an absent |
16 | | voter, to cast a ballot as a vote by mail an absent voter;
|
17 | | (3) Intimidates or unduly
influences another person to |
18 | | cast a vote by mail an absentee ballot in a manner |
19 | | inconsistent
with the
voter's intent; or
|
20 | | (4) Marks or tampers with a vote by mail an absentee |
21 | | ballot of another
person or takes a vote by mail an |
22 | | absentee ballot of another person in violation of
Section |
23 | | 19-6 so that an opportunity for fraudulent marking or |
24 | | tampering is
created.
|
25 | | (Source: P.A. 89-653, eff. 8-14-96.)
|
|
| | SB0172 Enrolled | - 304 - | LRB098 04408 HLH 34436 b |
|
|
1 | | (10 ILCS 5/19-2.1 rep.)
|
2 | | (10 ILCS 5/19-2.2 rep.)
|
3 | | (10 ILCS 5/28-10 rep.) |
4 | | Section 10. The Election Code is amended by repealing |
5 | | Sections 19-2.1, 19-2.2, and 28-10. |
6 | | Section 15. The Illinois Identification Card Act is amended |
7 | | by changing Section 11 as follows:
|
8 | | (15 ILCS 335/11) (from Ch. 124, par. 31)
|
9 | | Sec. 11. The Secretary may make a search of his records and |
10 | | furnish
information as to whether a person has a current |
11 | | Standard Illinois
Identification Card or an Illinois Person |
12 | | with a Disability Identification Card then on
file, upon |
13 | | receipt of a written application therefor accompanied with the
|
14 | | prescribed fee. However, the Secretary may not disclose medical
|
15 | | information concerning an individual to any person, public |
16 | | agency, private
agency, corporation or governmental body |
17 | | unless the individual has
submitted a written request for the |
18 | | information or unless the individual
has given prior written |
19 | | consent for the release of the information to a
specific person |
20 | | or entity. This exception shall not apply to: (1) offices
and |
21 | | employees of the Secretary who have a need to know the medical
|
22 | | information in performance of their official duties, or (2) |
23 | | orders of a
court of competent jurisdiction. When medical |
|
| | SB0172 Enrolled | - 305 - | LRB098 04408 HLH 34436 b |
|
|
1 | | information is disclosed by
the Secretary in accordance with |
2 | | the provisions of this Section, no
liability shall rest with |
3 | | the Office of the Secretary of State as the
information is |
4 | | released for informational purposes only. |
5 | | The Secretary may release personally identifying |
6 | | information or highly restricted personal information only to: |
7 | | (1) officers and employees of the Secretary who have a |
8 | | need to know that information; |
9 | | (2) other governmental agencies for use in their |
10 | | official governmental functions; |
11 | | (3) law enforcement agencies that need the information |
12 | | for a criminal or civil investigation; |
13 | | (3-5) the State Board of Elections for the sole purpose |
14 | | of providing the signatures required by a local election |
15 | | authority to register a voter through an online voter |
16 | | registration system or as may be required by an agreement |
17 | | the State Board of Elections has entered into with a |
18 | | multi-state voter registration list maintenance system ; or |
19 | | (4) any entity that the Secretary has authorized, by |
20 | | rule, to receive this information. |
21 | | The Secretary may not disclose an individual's social |
22 | | security number or any associated information obtained from the |
23 | | Social Security Administration without the written request or |
24 | | consent of the individual except: (i) to officers and employees |
25 | | of the Secretary who have a need to know the social security |
26 | | number in the performance of their official duties; (ii) to law |
|
| | SB0172 Enrolled | - 306 - | LRB098 04408 HLH 34436 b |
|
|
1 | | enforcement officials for a lawful civil or criminal law |
2 | | enforcement investigation if the head of the law enforcement |
3 | | agency has made a written request to the Secretary specifying |
4 | | the law enforcement investigation for which the social security |
5 | | number is being sought; (iii) under a lawful court order signed |
6 | | by a judge; or (iv) to the Illinois Department of Veterans' |
7 | | Affairs for the purpose of confirming veteran status.
|
8 | | (Source: P.A. 97-739, eff. 1-1-13; 97-1064, eff. 1-1-13; |
9 | | 98-115, eff. 7-29-13; 98-463, eff. 8-16-13.)
|
10 | | Section 20. The Illinois Act on the Aging is amended by |
11 | | changing Section 4.02 as follows:
|
12 | | (20 ILCS 105/4.02) (from Ch. 23, par. 6104.02)
|
13 | | Sec. 4.02. Community Care Program. The Department shall |
14 | | establish a program of services to
prevent unnecessary |
15 | | institutionalization of persons age 60 and older in
need of |
16 | | long term care or who are established as persons who suffer |
17 | | from
Alzheimer's disease or a related disorder under the |
18 | | Alzheimer's Disease
Assistance Act, thereby enabling them
to |
19 | | remain in their own homes or in other living arrangements. Such
|
20 | | preventive services, which may be coordinated with other |
21 | | programs for the
aged and monitored by area agencies on aging |
22 | | in cooperation with the
Department, may include, but are not |
23 | | limited to, any or all of the following:
|
24 | | (a) (blank);
|
|
| | SB0172 Enrolled | - 307 - | LRB098 04408 HLH 34436 b |
|
|
1 | | (b) (blank);
|
2 | | (c) home care aide services;
|
3 | | (d) personal assistant services;
|
4 | | (e) adult day services;
|
5 | | (f) home-delivered meals;
|
6 | | (g) education in self-care;
|
7 | | (h) personal care services;
|
8 | | (i) adult day health services;
|
9 | | (j) habilitation services;
|
10 | | (k) respite care;
|
11 | | (k-5) community reintegration services;
|
12 | | (k-6) flexible senior services; |
13 | | (k-7) medication management; |
14 | | (k-8) emergency home response;
|
15 | | (l) other nonmedical social services that may enable |
16 | | the person
to become self-supporting; or
|
17 | | (m) clearinghouse for information provided by senior |
18 | | citizen home owners
who want to rent rooms to or share |
19 | | living space with other senior citizens.
|
20 | | The Department shall establish eligibility standards for |
21 | | such
services. In determining the amount and nature of services
|
22 | | for which a person may qualify, consideration shall not be |
23 | | given to the
value of cash, property or other assets held in |
24 | | the name of the person's
spouse pursuant to a written agreement |
25 | | dividing marital property into equal
but separate shares or |
26 | | pursuant to a transfer of the person's interest in a
home to |
|
| | SB0172 Enrolled | - 308 - | LRB098 04408 HLH 34436 b |
|
|
1 | | his spouse, provided that the spouse's share of the marital
|
2 | | property is not made available to the person seeking such |
3 | | services.
|
4 | | Beginning January 1, 2008, the Department shall require as |
5 | | a condition of eligibility that all new financially eligible |
6 | | applicants apply for and enroll in medical assistance under |
7 | | Article V of the Illinois Public Aid Code in accordance with |
8 | | rules promulgated by the Department.
|
9 | | The Department shall, in conjunction with the Department of |
10 | | Public Aid (now Department of Healthcare and Family Services),
|
11 | | seek appropriate amendments under Sections 1915 and 1924 of the |
12 | | Social
Security Act. The purpose of the amendments shall be to |
13 | | extend eligibility
for home and community based services under |
14 | | Sections 1915 and 1924 of the
Social Security Act to persons |
15 | | who transfer to or for the benefit of a
spouse those amounts of |
16 | | income and resources allowed under Section 1924 of
the Social |
17 | | Security Act. Subject to the approval of such amendments, the
|
18 | | Department shall extend the provisions of Section 5-4 of the |
19 | | Illinois
Public Aid Code to persons who, but for the provision |
20 | | of home or
community-based services, would require the level of |
21 | | care provided in an
institution, as is provided for in federal |
22 | | law. Those persons no longer
found to be eligible for receiving |
23 | | noninstitutional services due to changes
in the eligibility |
24 | | criteria shall be given 45 days notice prior to actual
|
25 | | termination. Those persons receiving notice of termination may |
26 | | contact the
Department and request the determination be |
|
| | SB0172 Enrolled | - 309 - | LRB098 04408 HLH 34436 b |
|
|
1 | | appealed at any time during the
45 day notice period. The |
2 | | target
population identified for the purposes of this Section |
3 | | are persons age 60
and older with an identified service need. |
4 | | Priority shall be given to those
who are at imminent risk of |
5 | | institutionalization. The services shall be
provided to |
6 | | eligible persons age 60 and older to the extent that the cost
|
7 | | of the services together with the other personal maintenance
|
8 | | expenses of the persons are reasonably related to the standards
|
9 | | established for care in a group facility appropriate to the |
10 | | person's
condition. These non-institutional services, pilot |
11 | | projects or
experimental facilities may be provided as part of |
12 | | or in addition to
those authorized by federal law or those |
13 | | funded and administered by the
Department of Human Services. |
14 | | The Departments of Human Services, Healthcare and Family |
15 | | Services,
Public Health, Veterans' Affairs, and Commerce and |
16 | | Economic Opportunity and
other appropriate agencies of State, |
17 | | federal and local governments shall
cooperate with the |
18 | | Department on Aging in the establishment and development
of the |
19 | | non-institutional services. The Department shall require an |
20 | | annual
audit from all personal assistant
and home care aide |
21 | | vendors contracting with
the Department under this Section. The |
22 | | annual audit shall assure that each
audited vendor's procedures |
23 | | are in compliance with Department's financial
reporting |
24 | | guidelines requiring an administrative and employee wage and |
25 | | benefits cost split as defined in administrative rules. The |
26 | | audit is a public record under
the Freedom of Information Act. |
|
| | SB0172 Enrolled | - 310 - | LRB098 04408 HLH 34436 b |
|
|
1 | | The Department shall execute, relative to
the nursing home |
2 | | prescreening project, written inter-agency
agreements with the |
3 | | Department of Human Services and the Department
of Healthcare |
4 | | and Family Services, to effect the following: (1) intake |
5 | | procedures and common
eligibility criteria for those persons |
6 | | who are receiving non-institutional
services; and (2) the |
7 | | establishment and development of non-institutional
services in |
8 | | areas of the State where they are not currently available or |
9 | | are
undeveloped. On and after July 1, 1996, all nursing home |
10 | | prescreenings for
individuals 60 years of age or older shall be |
11 | | conducted by the Department.
|
12 | | As part of the Department on Aging's routine training of |
13 | | case managers and case manager supervisors, the Department may |
14 | | include information on family futures planning for persons who |
15 | | are age 60 or older and who are caregivers of their adult |
16 | | children with developmental disabilities. The content of the |
17 | | training shall be at the Department's discretion. |
18 | | The Department is authorized to establish a system of |
19 | | recipient copayment
for services provided under this Section, |
20 | | such copayment to be based upon
the recipient's ability to pay |
21 | | but in no case to exceed the actual cost of
the services |
22 | | provided. Additionally, any portion of a person's income which
|
23 | | is equal to or less than the federal poverty standard shall not |
24 | | be
considered by the Department in determining the copayment. |
25 | | The level of
such copayment shall be adjusted whenever |
26 | | necessary to reflect any change
in the officially designated |
|
| | SB0172 Enrolled | - 311 - | LRB098 04408 HLH 34436 b |
|
|
1 | | federal poverty standard.
|
2 | | The Department, or the Department's authorized |
3 | | representative, may
recover the amount of moneys expended for |
4 | | services provided to or in
behalf of a person under this |
5 | | Section by a claim against the person's
estate or against the |
6 | | estate of the person's surviving spouse, but no
recovery may be |
7 | | had until after the death of the surviving spouse, if
any, and |
8 | | then only at such time when there is no surviving child who
is |
9 | | under age 21, blind, or permanently and totally disabled. This
|
10 | | paragraph, however, shall not bar recovery, at the death of the |
11 | | person, of
moneys for services provided to the person or in |
12 | | behalf of the person under
this Section to which the person was |
13 | | not entitled;
provided that such recovery shall not be enforced |
14 | | against any real estate while
it is occupied as a homestead by |
15 | | the surviving spouse or other dependent, if no
claims by other |
16 | | creditors have been filed against the estate, or, if such
|
17 | | claims have been filed, they remain dormant for failure of |
18 | | prosecution or
failure of the claimant to compel administration |
19 | | of the estate for the purpose
of payment. This paragraph shall |
20 | | not bar recovery from the estate of a spouse,
under Sections |
21 | | 1915 and 1924 of the Social Security Act and Section 5-4 of the
|
22 | | Illinois Public Aid Code, who precedes a person receiving |
23 | | services under this
Section in death. All moneys for services
|
24 | | paid to or in behalf of the person under this Section shall be |
25 | | claimed for
recovery from the deceased spouse's estate. |
26 | | "Homestead", as used
in this paragraph, means the dwelling |
|
| | SB0172 Enrolled | - 312 - | LRB098 04408 HLH 34436 b |
|
|
1 | | house and
contiguous real estate occupied by a surviving spouse
|
2 | | or relative, as defined by the rules and regulations of the |
3 | | Department of Healthcare and Family Services, regardless of the |
4 | | value of the property.
|
5 | | The Department shall increase the effectiveness of the |
6 | | existing Community Care Program by: |
7 | | (1) ensuring that in-home services included in the care |
8 | | plan are available on evenings and weekends; |
9 | | (2) ensuring that care plans contain the services that |
10 | | eligible participants
need based on the number of days in a |
11 | | month, not limited to specific blocks of time, as |
12 | | identified by the comprehensive assessment tool selected |
13 | | by the Department for use statewide, not to exceed the |
14 | | total monthly service cost maximum allowed for each |
15 | | service; the Department shall develop administrative rules |
16 | | to implement this item (2); |
17 | | (3) ensuring that the participants have the right to |
18 | | choose the services contained in their care plan and to |
19 | | direct how those services are provided, based on |
20 | | administrative rules established by the Department; |
21 | | (4) ensuring that the determination of need tool is |
22 | | accurate in determining the participants' level of need; to |
23 | | achieve this, the Department, in conjunction with the Older |
24 | | Adult Services Advisory Committee, shall institute a study |
25 | | of the relationship between the Determination of Need |
26 | | scores, level of need, service cost maximums, and the |
|
| | SB0172 Enrolled | - 313 - | LRB098 04408 HLH 34436 b |
|
|
1 | | development and utilization of service plans no later than |
2 | | May 1, 2008; findings and recommendations shall be |
3 | | presented to the Governor and the General Assembly no later |
4 | | than January 1, 2009; recommendations shall include all |
5 | | needed changes to the service cost maximums schedule and |
6 | | additional covered services; |
7 | | (5) ensuring that homemakers can provide personal care |
8 | | services that may or may not involve contact with clients, |
9 | | including but not limited to: |
10 | | (A) bathing; |
11 | | (B) grooming; |
12 | | (C) toileting; |
13 | | (D) nail care; |
14 | | (E) transferring; |
15 | | (F) respiratory services; |
16 | | (G) exercise; or |
17 | | (H) positioning; |
18 | | (6) ensuring that homemaker program vendors are not |
19 | | restricted from hiring homemakers who are family members of |
20 | | clients or recommended by clients; the Department may not, |
21 | | by rule or policy, require homemakers who are family |
22 | | members of clients or recommended by clients to accept |
23 | | assignments in homes other than the client; |
24 | | (7) ensuring that the State may access maximum federal |
25 | | matching funds by seeking approval for the Centers for |
26 | | Medicare and Medicaid Services for modifications to the |
|
| | SB0172 Enrolled | - 314 - | LRB098 04408 HLH 34436 b |
|
|
1 | | State's home and community based services waiver and |
2 | | additional waiver opportunities, including applying for |
3 | | enrollment in the Balance Incentive Payment Program by May |
4 | | 1, 2013, in order to maximize federal matching funds; this |
5 | | shall include, but not be limited to, modification that |
6 | | reflects all changes in the Community Care Program services |
7 | | and all increases in the services cost maximum; |
8 | | (8) ensuring that the determination of need tool |
9 | | accurately reflects the service needs of individuals with |
10 | | Alzheimer's disease and related dementia disorders; |
11 | | (9) ensuring that services are authorized accurately |
12 | | and consistently for the Community Care Program (CCP); the |
13 | | Department shall implement a Service Authorization policy |
14 | | directive; the purpose shall be to ensure that eligibility |
15 | | and services are authorized accurately and consistently in |
16 | | the CCP program; the policy directive shall clarify service |
17 | | authorization guidelines to Care Coordination Units and |
18 | | Community Care Program providers no later than May 1, 2013; |
19 | | (10) working in conjunction with Care Coordination |
20 | | Units, the Department of Healthcare and Family Services, |
21 | | the Department of Human Services, Community Care Program |
22 | | providers, and other stakeholders to make improvements to |
23 | | the Medicaid claiming processes and the Medicaid |
24 | | enrollment procedures or requirements as needed, |
25 | | including, but not limited to, specific policy changes or |
26 | | rules to improve the up-front enrollment of participants in |
|
| | SB0172 Enrolled | - 315 - | LRB098 04408 HLH 34436 b |
|
|
1 | | the Medicaid program and specific policy changes or rules |
2 | | to insure more prompt submission of bills to the federal |
3 | | government to secure maximum federal matching dollars as |
4 | | promptly as possible; the Department on Aging shall have at |
5 | | least 3 meetings with stakeholders by January 1, 2014 in |
6 | | order to address these improvements; |
7 | | (11) requiring home care service providers to comply |
8 | | with the rounding of hours worked provisions under the |
9 | | federal Fair Labor Standards Act (FLSA) and as set forth in |
10 | | 29 CFR 785.48(b) by May 1, 2013; |
11 | | (12) implementing any necessary policy changes or |
12 | | promulgating any rules, no later than January 1, 2014, to |
13 | | assist the Department of Healthcare and Family Services in |
14 | | moving as many participants as possible, consistent with |
15 | | federal regulations, into coordinated care plans if a care |
16 | | coordination plan that covers long term care is available |
17 | | in the recipient's area; and |
18 | | (13) maintaining fiscal year 2014 rates at the same |
19 | | level established on January 1, 2013. |
20 | | By January 1, 2009 or as soon after the end of the Cash and |
21 | | Counseling Demonstration Project as is practicable, the |
22 | | Department may, based on its evaluation of the demonstration |
23 | | project, promulgate rules concerning personal assistant |
24 | | services, to include, but need not be limited to, |
25 | | qualifications, employment screening, rights under fair labor |
26 | | standards, training, fiduciary agent, and supervision |
|
| | SB0172 Enrolled | - 316 - | LRB098 04408 HLH 34436 b |
|
|
1 | | requirements. All applicants shall be subject to the provisions |
2 | | of the Health Care Worker Background Check Act.
|
3 | | The Department shall develop procedures to enhance |
4 | | availability of
services on evenings, weekends, and on an |
5 | | emergency basis to meet the
respite needs of caregivers. |
6 | | Procedures shall be developed to permit the
utilization of |
7 | | services in successive blocks of 24 hours up to the monthly
|
8 | | maximum established by the Department. Workers providing these |
9 | | services
shall be appropriately trained.
|
10 | | Beginning on the effective date of this Amendatory Act of |
11 | | 1991, no person
may perform chore/housekeeping and home care |
12 | | aide services under a program
authorized by this Section unless |
13 | | that person has been issued a certificate
of pre-service to do |
14 | | so by his or her employing agency. Information
gathered to |
15 | | effect such certification shall include (i) the person's name,
|
16 | | (ii) the date the person was hired by his or her current |
17 | | employer, and
(iii) the training, including dates and levels. |
18 | | Persons engaged in the
program authorized by this Section |
19 | | before the effective date of this
amendatory Act of 1991 shall |
20 | | be issued a certificate of all pre- and
in-service training |
21 | | from his or her employer upon submitting the necessary
|
22 | | information. The employing agency shall be required to retain |
23 | | records of
all staff pre- and in-service training, and shall |
24 | | provide such records to
the Department upon request and upon |
25 | | termination of the employer's contract
with the Department. In |
26 | | addition, the employing agency is responsible for
the issuance |
|
| | SB0172 Enrolled | - 317 - | LRB098 04408 HLH 34436 b |
|
|
1 | | of certifications of in-service training completed to their
|
2 | | employees.
|
3 | | The Department is required to develop a system to ensure |
4 | | that persons
working as home care aides and personal assistants
|
5 | | receive increases in their
wages when the federal minimum wage |
6 | | is increased by requiring vendors to
certify that they are |
7 | | meeting the federal minimum wage statute for home care aides
|
8 | | and personal assistants. An employer that cannot ensure that |
9 | | the minimum
wage increase is being given to home care aides and |
10 | | personal assistants
shall be denied any increase in |
11 | | reimbursement costs.
|
12 | | The Community Care Program Advisory Committee is created in |
13 | | the Department on Aging. The Director shall appoint individuals |
14 | | to serve in the Committee, who shall serve at their own |
15 | | expense. Members of the Committee must abide by all applicable |
16 | | ethics laws. The Committee shall advise the Department on |
17 | | issues related to the Department's program of services to |
18 | | prevent unnecessary institutionalization. The Committee shall |
19 | | meet on a bi-monthly basis and shall serve to identify and |
20 | | advise the Department on present and potential issues affecting |
21 | | the service delivery network, the program's clients, and the |
22 | | Department and to recommend solution strategies. Persons |
23 | | appointed to the Committee shall be appointed on, but not |
24 | | limited to, their own and their agency's experience with the |
25 | | program, geographic representation, and willingness to serve. |
26 | | The Director shall appoint members to the Committee to |
|
| | SB0172 Enrolled | - 318 - | LRB098 04408 HLH 34436 b |
|
|
1 | | represent provider, advocacy, policy research, and other |
2 | | constituencies committed to the delivery of high quality home |
3 | | and community-based services to older adults. Representatives |
4 | | shall be appointed to ensure representation from community care |
5 | | providers including, but not limited to, adult day service |
6 | | providers, homemaker providers, case coordination and case |
7 | | management units, emergency home response providers, statewide |
8 | | trade or labor unions that represent home care
aides and direct |
9 | | care staff, area agencies on aging, adults over age 60, |
10 | | membership organizations representing older adults, and other |
11 | | organizational entities, providers of care, or individuals |
12 | | with demonstrated interest and expertise in the field of home |
13 | | and community care as determined by the Director. |
14 | | Nominations may be presented from any agency or State |
15 | | association with interest in the program. The Director, or his |
16 | | or her designee, shall serve as the permanent co-chair of the |
17 | | advisory committee. One other co-chair shall be nominated and |
18 | | approved by the members of the committee on an annual basis. |
19 | | Committee members' terms of appointment shall be for 4 years |
20 | | with one-quarter of the appointees' terms expiring each year. A |
21 | | member shall continue to serve until his or her replacement is |
22 | | named. The Department shall fill vacancies that have a |
23 | | remaining term of over one year, and this replacement shall |
24 | | occur through the annual replacement of expiring terms. The |
25 | | Director shall designate Department staff to provide technical |
26 | | assistance and staff support to the committee. Department |
|
| | SB0172 Enrolled | - 319 - | LRB098 04408 HLH 34436 b |
|
|
1 | | representation shall not constitute membership of the |
2 | | committee. All Committee papers, issues, recommendations, |
3 | | reports, and meeting memoranda are advisory only. The Director, |
4 | | or his or her designee, shall make a written report, as |
5 | | requested by the Committee, regarding issues before the |
6 | | Committee.
|
7 | | The Department on Aging and the Department of Human |
8 | | Services
shall cooperate in the development and submission of |
9 | | an annual report on
programs and services provided under this |
10 | | Section. Such joint report
shall be filed with the Governor and |
11 | | the General Assembly on or before
September 30 each year.
|
12 | | The requirement for reporting to the General Assembly shall |
13 | | be satisfied
by filing copies of the report with the Speaker, |
14 | | the Minority Leader and
the Clerk of the House of |
15 | | Representatives and the President, the Minority
Leader and the |
16 | | Secretary of the Senate and the Legislative Research Unit,
as |
17 | | required by Section 3.1 of the General Assembly Organization |
18 | | Act and
filing such additional copies with the State Government |
19 | | Report Distribution
Center for the General Assembly as is |
20 | | required under paragraph (t) of
Section 7 of the State Library |
21 | | Act.
|
22 | | Those persons previously found eligible for receiving |
23 | | non-institutional
services whose services were discontinued |
24 | | under the Emergency Budget Act of
Fiscal Year 1992, and who do |
25 | | not meet the eligibility standards in effect
on or after July |
26 | | 1, 1992, shall remain ineligible on and after July 1,
1992. |
|
| | SB0172 Enrolled | - 320 - | LRB098 04408 HLH 34436 b |
|
|
1 | | Those persons previously not required to cost-share and who |
2 | | were
required to cost-share effective March 1, 1992, shall |
3 | | continue to meet
cost-share requirements on and after July 1, |
4 | | 1992. Beginning July 1, 1992,
all clients will be required to |
5 | | meet
eligibility, cost-share, and other requirements and will |
6 | | have services
discontinued or altered when they fail to meet |
7 | | these requirements. |
8 | | For the purposes of this Section, "flexible senior |
9 | | services" refers to services that require one-time or periodic |
10 | | expenditures including, but not limited to, respite care, home |
11 | | modification, assistive technology, housing assistance, and |
12 | | transportation.
|
13 | | The Department shall implement an electronic service |
14 | | verification based on global positioning systems or other |
15 | | cost-effective technology for the Community Care Program no |
16 | | later than January 1, 2014. |
17 | | The Department shall require, as a condition of |
18 | | eligibility, enrollment in the medical assistance program |
19 | | under Article V of the Illinois Public Aid Code (i) beginning |
20 | | August 1, 2013, if the Auditor General has reported that the |
21 | | Department has failed
to comply with the reporting requirements |
22 | | of Section 2-27 of
the Illinois State Auditing Act; or (ii) |
23 | | beginning June 1, 2014, if the Auditor General has reported |
24 | | that the
Department has not undertaken the required actions |
25 | | listed in
the report required by subsection (a) of Section 2-27 |
26 | | of the
Illinois State Auditing Act. |
|
| | SB0172 Enrolled | - 321 - | LRB098 04408 HLH 34436 b |
|
|
1 | | The Department shall delay Community Care Program services |
2 | | until an applicant is determined eligible for medical |
3 | | assistance under Article V of the Illinois Public Aid Code (i) |
4 | | beginning August 1, 2013, if the Auditor General has reported |
5 | | that the Department has failed
to comply with the reporting |
6 | | requirements of Section 2-27 of
the Illinois State Auditing |
7 | | Act; or (ii) beginning June 1, 2014, if the Auditor General has |
8 | | reported that the
Department has not undertaken the required |
9 | | actions listed in
the report required by subsection (a) of |
10 | | Section 2-27 of the
Illinois State Auditing Act. |
11 | | The Department shall implement co-payments for the |
12 | | Community Care Program at the federally allowable maximum level |
13 | | (i) beginning August 1, 2013, if the Auditor General has |
14 | | reported that the Department has failed
to comply with the |
15 | | reporting requirements of Section 2-27 of
the Illinois State |
16 | | Auditing Act; or (ii) beginning June 1, 2014, if the Auditor |
17 | | General has reported that the
Department has not undertaken the |
18 | | required actions listed in
the report required by subsection |
19 | | (a) of Section 2-27 of the
Illinois State Auditing Act. |
20 | | The Department shall provide a bi-monthly report on the |
21 | | progress of the Community Care Program reforms set forth in |
22 | | this amendatory Act of the 98th General Assembly to the |
23 | | Governor, the Speaker of the House of Representatives, the |
24 | | Minority Leader of the House of Representatives, the
President |
25 | | of the
Senate, and the Minority Leader of the Senate. |
26 | | The Department shall conduct a quarterly review of Care |
|
| | SB0172 Enrolled | - 322 - | LRB098 04408 HLH 34436 b |
|
|
1 | | Coordination Unit performance and adherence to service |
2 | | guidelines. The quarterly review shall be reported to the |
3 | | Speaker of the House of Representatives, the Minority Leader of |
4 | | the House of Representatives, the
President of the
Senate, and |
5 | | the Minority Leader of the Senate. The Department shall collect |
6 | | and report longitudinal data on the performance of each care |
7 | | coordination unit. Nothing in this paragraph shall be construed |
8 | | to require the Department to identify specific care |
9 | | coordination units. |
10 | | In regard to community care providers, failure to comply |
11 | | with Department on Aging policies shall be cause for |
12 | | disciplinary action, including, but not limited to, |
13 | | disqualification from serving Community Care Program clients. |
14 | | Each provider, upon submission of any bill or invoice to the |
15 | | Department for payment for services rendered, shall include a |
16 | | notarized statement, under penalty of perjury pursuant to |
17 | | Section 1-109 of the Code of Civil Procedure, that the provider |
18 | | has complied with all Department policies. |
19 | | The Director of the Department on Aging shall make |
20 | | information available to the State Board of Elections as may be |
21 | | required by an agreement the State Board of Elections has |
22 | | entered into with a multi-state voter registration list |
23 | | maintenance system. |
24 | | (Source: P.A. 97-333, eff. 8-12-11; 98-8, eff. 5-3-13.) |
25 | | Section 25. The Revised Cities and Villages Act of 1941 is |
|
| | SB0172 Enrolled | - 323 - | LRB098 04408 HLH 34436 b |
|
|
1 | | amended by changing Section 21-28 as follows:
|
2 | | (65 ILCS 20/21-28) (from Ch. 24, par. 21-28)
|
3 | | Sec. 21-28. Nomination by petition. |
4 | | (a) All nominations for alderman of any ward in the city |
5 | | shall be by
petition. Each petition for nomination of a |
6 | | candidate shall be signed by at least 473 legal voters of the |
7 | | ward. All petitions for nominations of candidates shall be |
8 | | signed by
such a number of legal voters of the ward as will |
9 | | aggregate not less
than 4%
of all the votes cast for alderman |
10 | | in such ward at the last preceding
general election. For the |
11 | | election following the redistricting of wards
petitions for |
12 | | nominations of candidates shall be signed by the number of
|
13 | | legal voters of the ward as will aggregate not less than 4% of |
14 | | the total
number of votes cast for mayor at the last preceding |
15 | | municipal election
divided by the number of wards. |
16 | | (b) All nominations for mayor, city clerk, and city |
17 | | treasurer in the city shall be by petition. Each petition for |
18 | | nomination of a candidate must be signed by at least 12,500 |
19 | | legal voters of the city.
|
20 | | (c) All such petitions, and procedure with
respect thereto,
|
21 | | shall conform in other respects to the provisions of the |
22 | | election and
ballot laws then in force in the city of Chicago |
23 | | concerning the nomination
of independent candidates for public |
24 | | office by petition. The method of
nomination herein provided is |
25 | | exclusive of and replaces all other methods
heretofore provided |
|
| | SB0172 Enrolled | - 324 - | LRB098 04408 HLH 34436 b |
|
|
1 | | by law.
|
2 | | (Source: P.A. 98-115, eff. 7-29-13.)
|
3 | | Section 30. The Illinois Public Aid Code is amended by |
4 | | adding Section 1-12 as follows: |
5 | | (305 ILCS 5/1-12 new) |
6 | | Sec. 1-12. Providing information to the State Board of |
7 | | Elections. The Secretary of the Department of Human Services |
8 | | and the Director of the Department of Healthcare and Family |
9 | | Services shall make information available, except where |
10 | | prohibited by federal law or regulation, to the State Board of |
11 | | Elections as may be required by an agreement the State Board of |
12 | | Elections has entered into with a multi-state voter |
13 | | registration list maintenance system. |
14 | | Section 35. The Senior Citizens and Disabled Persons |
15 | | Property Tax Relief Act is amended by changing Section 8a as |
16 | | follows:
|
17 | | (320 ILCS 25/8a) (from Ch. 67 1/2, par. 408.1)
|
18 | | Sec. 8a. Confidentiality.
|
19 | | (a) Except as otherwise provided in this Act, all
|
20 | | information received by the Department of Revenue or its |
21 | | successors, the Department on Aging and the Department of |
22 | | Healthcare and Family Services, from claims filed under this |
|
| | SB0172 Enrolled | - 325 - | LRB098 04408 HLH 34436 b |
|
|
1 | | Act, or
from any investigation conducted under the provisions
|
2 | | of this Act, shall be confidential, except for official |
3 | | purposes within those Departments
or pursuant to official
|
4 | | procedures for collection of any State tax or enforcement of |
5 | | any civil or
criminal penalty or sanction imposed
by this Act |
6 | | or by any statute imposing a State tax, and any person who |
7 | | divulges
any such information in any
manner, except for such |
8 | | purposes and pursuant to order of the Director of one of those |
9 | | Departments or
in accordance with a proper judicial order, |
10 | | shall be guilty of a Class A
misdemeanor.
|
11 | | (b) Nothing contained in this Act shall prevent the |
12 | | Director of Aging from publishing
or making available |
13 | | reasonable statistics concerning the operation of the
grant |
14 | | programs contained in this Act wherein the contents
of claims |
15 | | are grouped into aggregates in such a way that information |
16 | | contained
in any individual claim shall not be disclosed.
|
17 | | (c) The Department on Aging shall furnish to the Secretary |
18 | | of State such
information as is reasonably necessary for the |
19 | | administration of reduced
vehicle registration fees pursuant |
20 | | to Section 3-806.3 of "The Illinois Vehicle
Code".
|
21 | | (d) The Director of the Department on Aging shall make |
22 | | information available to the State Board of Elections as may be |
23 | | required by an agreement the State Board of Elections has |
24 | | entered into with a multi-state voter registration list |
25 | | maintenance system. |
26 | | (Source: P.A. 96-804, eff. 1-1-10.)
|
|
| | SB0172 Enrolled | - 326 - | LRB098 04408 HLH 34436 b |
|
|
1 | | Section 40. The Unemployment Insurance Act is amended by |
2 | | changing Section 1900 as follows:
|
3 | | (820 ILCS 405/1900) (from Ch. 48, par. 640)
|
4 | | Sec. 1900. Disclosure of information.
|
5 | | A. Except as provided in this Section, information obtained |
6 | | from any
individual or employing unit during the administration |
7 | | of this Act shall:
|
8 | | 1. be confidential,
|
9 | | 2. not be published or open to public inspection,
|
10 | | 3. not be used in any court in any pending action or |
11 | | proceeding,
|
12 | | 4. not be admissible in evidence in any action or |
13 | | proceeding other than
one arising out of this Act.
|
14 | | B. No finding, determination, decision, ruling or order |
15 | | (including
any finding of fact, statement or conclusion made |
16 | | therein) issued pursuant
to this Act shall be admissible or |
17 | | used in evidence in any action other than
one arising out of |
18 | | this Act, nor shall it be binding or conclusive except
as |
19 | | provided in this Act, nor shall it constitute res judicata, |
20 | | regardless
of whether the actions were between the same or |
21 | | related parties or involved
the same facts.
|
22 | | C. Any officer or employee of this State, any officer or |
23 | | employee of any
entity authorized to obtain information |
24 | | pursuant to this Section, and any
agent of this State or of |
|
| | SB0172 Enrolled | - 327 - | LRB098 04408 HLH 34436 b |
|
|
1 | | such entity
who, except with authority of
the Director under |
2 | | this Section, shall disclose information shall be guilty
of a |
3 | | Class B misdemeanor and shall be disqualified from holding any
|
4 | | appointment or employment by the State.
|
5 | | D. An individual or his duly authorized agent may be |
6 | | supplied with
information from records only to the extent |
7 | | necessary for the proper
presentation of his claim for benefits |
8 | | or with his existing or prospective
rights to benefits. |
9 | | Discretion to disclose this information belongs
solely to the |
10 | | Director and is not subject to a release or waiver by the
|
11 | | individual.
Notwithstanding any other provision to the |
12 | | contrary, an individual or his or
her duly authorized agent may |
13 | | be supplied with a statement of the amount of
benefits paid to |
14 | | the individual during the 18 months preceding the date of his
|
15 | | or her request.
|
16 | | E. An employing unit may be furnished with information, |
17 | | only if deemed by
the Director as necessary to enable it to |
18 | | fully discharge its obligations or
safeguard its rights under |
19 | | the Act. Discretion to disclose this information
belongs solely |
20 | | to the Director and is not subject to a release or waiver by |
21 | | the
employing unit.
|
22 | | F. The Director may furnish any information that he may |
23 | | deem proper to
any public officer or public agency of this or |
24 | | any other State or of the
federal government dealing with:
|
25 | | 1. the administration of relief,
|
26 | | 2. public assistance,
|
|
| | SB0172 Enrolled | - 328 - | LRB098 04408 HLH 34436 b |
|
|
1 | | 3. unemployment compensation,
|
2 | | 4. a system of public employment offices,
|
3 | | 5. wages and hours of employment, or
|
4 | | 6. a public works program.
|
5 | | The Director may make available to the Illinois Workers' |
6 | | Compensation Commission
information regarding employers for |
7 | | the purpose of verifying the insurance
coverage required under |
8 | | the Workers' Compensation Act and Workers'
Occupational |
9 | | Diseases Act.
|
10 | | G. The Director may disclose information submitted by the |
11 | | State or any
of its political subdivisions, municipal |
12 | | corporations, instrumentalities,
or school or community |
13 | | college districts, except for information which
specifically |
14 | | identifies an individual claimant.
|
15 | | H. The Director shall disclose only that information |
16 | | required to be
disclosed under Section 303 of the Social |
17 | | Security Act, as amended, including:
|
18 | | 1. any information required to be given the United |
19 | | States Department of
Labor under Section 303(a)(6); and
|
20 | | 2. the making available upon request to any agency of |
21 | | the United States
charged with the administration of public |
22 | | works or assistance through
public employment, the name, |
23 | | address, ordinary occupation and employment
status of each |
24 | | recipient of unemployment compensation, and a statement of
|
25 | | such recipient's right to further compensation under such |
26 | | law as required
by Section 303(a)(7); and
|
|
| | SB0172 Enrolled | - 329 - | LRB098 04408 HLH 34436 b |
|
|
1 | | 3. records to make available to the Railroad Retirement |
2 | | Board as
required by Section 303(c)(1); and
|
3 | | 4. information that will assure reasonable cooperation |
4 | | with every agency
of the United States charged with the |
5 | | administration of any unemployment
compensation law as |
6 | | required by Section 303(c)(2); and
|
7 | | 5. information upon request and on a reimbursable basis |
8 | | to the United
States Department of Agriculture and to any |
9 | | State food stamp agency
concerning any information |
10 | | required to be furnished by Section 303(d); and
|
11 | | 6. any wage information upon request and on a |
12 | | reimbursable basis
to any State or local child support |
13 | | enforcement agency required by
Section 303(e); and
|
14 | | 7. any information required under the income |
15 | | eligibility and
verification system as required by Section |
16 | | 303(f); and
|
17 | | 8. information that might be useful in locating an |
18 | | absent parent or that
parent's employer, establishing |
19 | | paternity or establishing, modifying, or
enforcing child |
20 | | support orders
for the purpose of a child support |
21 | | enforcement program
under Title IV of the Social Security |
22 | | Act upon the request of
and on a reimbursable basis to
the |
23 | | public
agency administering the Federal Parent Locator |
24 | | Service as required by
Section 303(h); and
|
25 | | 9. information, upon request, to representatives of |
26 | | any federal, State
or local governmental public housing |
|
| | SB0172 Enrolled | - 330 - | LRB098 04408 HLH 34436 b |
|
|
1 | | agency with respect to individuals who
have signed the |
2 | | appropriate consent form approved by the Secretary of |
3 | | Housing
and Urban Development and who are applying for or |
4 | | participating in any housing
assistance program |
5 | | administered by the United States Department of Housing and
|
6 | | Urban Development as required by Section 303(i).
|
7 | | I. The Director, upon the request of a public agency of |
8 | | Illinois, of the
federal government or of any other state |
9 | | charged with the investigation or
enforcement of Section 10-5 |
10 | | of the Criminal Code of 2012 (or a similar
federal law or |
11 | | similar law of another State), may furnish the public agency
|
12 | | information regarding the individual specified in the request |
13 | | as to:
|
14 | | 1. the current or most recent home address of the |
15 | | individual, and
|
16 | | 2. the names and addresses of the individual's |
17 | | employers.
|
18 | | J. Nothing in this Section shall be deemed to interfere |
19 | | with the
disclosure of certain records as provided for in |
20 | | Section 1706 or with the
right to make available to the |
21 | | Internal Revenue Service of the United
States Department of the |
22 | | Treasury, or the Department of Revenue of the
State of |
23 | | Illinois, information obtained under this Act.
|
24 | | K. The Department shall make available to the Illinois |
25 | | Student Assistance
Commission, upon request, information in |
26 | | the possession of the Department that
may be necessary or |
|
| | SB0172 Enrolled | - 331 - | LRB098 04408 HLH 34436 b |
|
|
1 | | useful to the
Commission in the collection of defaulted or |
2 | | delinquent student loans which
the Commission administers.
|
3 | | L. The Department shall make available to the State |
4 | | Employees'
Retirement System, the State Universities |
5 | | Retirement System, the
Teachers' Retirement System of the State |
6 | | of Illinois, and the Department of Central Management Services, |
7 | | Risk Management Division, upon request,
information in the |
8 | | possession of the Department that may be necessary or useful
to |
9 | | the System or the Risk Management Division for the purpose of |
10 | | determining whether any recipient of a
disability benefit from |
11 | | the System or a workers' compensation benefit from the Risk |
12 | | Management Division is gainfully employed.
|
13 | | M. This Section shall be applicable to the information |
14 | | obtained in the
administration of the State employment service, |
15 | | except that the Director
may publish or release general labor |
16 | | market information and may furnish
information that he may deem |
17 | | proper to an individual, public officer or
public agency of |
18 | | this or any other State or the federal government (in
addition |
19 | | to those public officers or public agencies specified in this
|
20 | | Section) as he prescribes by Rule.
|
21 | | N. The Director may require such safeguards as he deems |
22 | | proper to insure
that information disclosed pursuant to this |
23 | | Section is used only for the
purposes set forth in this |
24 | | Section.
|
25 | | O. Nothing in this Section prohibits communication with an |
26 | | individual or entity through unencrypted e-mail or other |
|
| | SB0172 Enrolled | - 332 - | LRB098 04408 HLH 34436 b |
|
|
1 | | unencrypted electronic means as long as the communication does |
2 | | not contain the individual's or entity's name in combination |
3 | | with any one or more of the individual's or entity's social |
4 | | security number; driver's license or State identification |
5 | | number; account number or credit or debit card number; or any |
6 | | required security code, access code, or password that would |
7 | | permit access to further information pertaining to the |
8 | | individual or entity.
|
9 | | P. Within 30 days after the effective date of this |
10 | | amendatory Act of 1993
and annually thereafter, the Department |
11 | | shall provide to the Department of
Financial Institutions a |
12 | | list of individuals or entities that, for the most
recently |
13 | | completed calendar year, report to the Department as paying |
14 | | wages to
workers. The lists shall be deemed confidential and |
15 | | may not be disclosed to
any other person.
|
16 | | Q. The Director shall make available to an elected federal
|
17 | | official the name and address of an individual or entity that |
18 | | is located within
the jurisdiction from which the official was |
19 | | elected and that, for the most
recently completed calendar |
20 | | year, has reported to the Department as paying
wages to |
21 | | workers, where the information will be used in connection with |
22 | | the
official duties of the official and the official requests |
23 | | the information in
writing, specifying the purposes for which |
24 | | it will be used.
For purposes of this subsection, the use of |
25 | | information in connection with the
official duties of an |
26 | | official does not include use of the information in
connection |
|
| | SB0172 Enrolled | - 333 - | LRB098 04408 HLH 34436 b |
|
|
1 | | with the solicitation of contributions or expenditures, in |
2 | | money or
in kind, to or on behalf of a candidate for public or |
3 | | political office or a
political party or with respect to a |
4 | | public question, as defined in Section 1-3
of the Election |
5 | | Code, or in connection with any commercial solicitation. Any
|
6 | | elected federal official who, in submitting a request for |
7 | | information
covered by this subsection, knowingly makes a false |
8 | | statement or fails to
disclose a material fact, with the intent |
9 | | to obtain the information for a
purpose not authorized by this |
10 | | subsection, shall be guilty of a Class B
misdemeanor.
|
11 | | R. The Director may provide to any State or local child |
12 | | support
agency, upon request and on a reimbursable basis, |
13 | | information that might be
useful in locating an absent parent |
14 | | or that parent's employer, establishing
paternity, or |
15 | | establishing, modifying, or enforcing child support orders.
|
16 | | S. The Department shall make available to a State's |
17 | | Attorney of this
State or a State's Attorney's investigator,
|
18 | | upon request, the current address or, if the current address is
|
19 | | unavailable, current employer information, if available, of a |
20 | | victim of
a felony or a
witness to a felony or a person against |
21 | | whom an arrest warrant is
outstanding.
|
22 | | T. The Director shall make available to the Department of |
23 | | State Police, a county sheriff's office, or a municipal police |
24 | | department, upon request, any information concerning the |
25 | | current address and place of employment or former places of |
26 | | employment of a person who is required to register as a sex |
|
| | SB0172 Enrolled | - 334 - | LRB098 04408 HLH 34436 b |
|
|
1 | | offender under the Sex Offender Registration Act that may be |
2 | | useful in enforcing the registration provisions of that Act.
|
3 | | U. The Director shall make information available to the |
4 | | Department of Healthcare and Family Services and the Department |
5 | | of Human Services for the purpose of determining eligibility |
6 | | for public benefit programs authorized under the Illinois |
7 | | Public Aid Code and related statutes administered by those |
8 | | departments, for verifying sources and amounts of income, and |
9 | | for other purposes directly connected with the administration |
10 | | of those programs. |
11 | | V. The Director shall make information available to the |
12 | | State Board of Elections as may be required by an agreement the |
13 | | State Board of Elections has entered into with a multi-state |
14 | | voter registration list maintenance system. |
15 | | (Source: P.A. 96-420, eff. 8-13-09; 97-621, eff. 11-18-11; |
16 | | 97-689, eff. 6-14-12; 97-1150, eff. 1-25-13.)
|
17 | | Section 97. Severability. The provisions of this Act are |
18 | | severable under Section 1.31 of the Statute on Statutes. |