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1 | AN ACT concerning elections.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Election Code is amended by changing | ||||||
5 | Sections 1-3, 1-12, 1A-16.5, 1A-16.8, 4-8, 4-20, 4-33, 5-7, | ||||||
6 | 5-28, 5-43, 6-35, 6-65, 6-79, 7-9, 9-3, 10-6, 19-3, 19-4, 19-8, | ||||||
7 | 20-2, 20-2.1, 20-2.2, 20-2.3, 20-3, 20-8, 20-10, 21-1, 24C-12 | ||||||
8 | and 29-5, and by adding Sections 1-13 and 1A-50 as follows:
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9 | (10 ILCS 5/1-3) (from Ch. 46, par. 1-3)
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10 | Sec. 1-3. As used in this Act, unless the context otherwise | ||||||
11 | requires:
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12 | 1. "Election" includes the submission of all questions of | ||||||
13 | public
policy, propositions, and all measures submitted to | ||||||
14 | popular vote, and
includes primary elections when so indicated | ||||||
15 | by the context.
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16 | 2. "Regular election" means the general, general primary,
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17 | consolidated and consolidated primary elections regularly | ||||||
18 | scheduled in Article
2A. The even numbered year municipal | ||||||
19 | primary established in Article 2A is
a regular election only | ||||||
20 | with respect to those municipalities in which a
primary is | ||||||
21 | required to be held on such date.
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22 | 3. "Special election" means an election not regularly | ||||||
23 | recurring at fixed
intervals, irrespective of whether it is |
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1 | held at the same time and place and by
the same election | ||||||
2 | officers as a regular election.
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3 | 4. "General election" means the biennial election at which | ||||||
4 | members of
the General Assembly are elected. "General primary | ||||||
5 | election", "consolidated election" and "consolidated primary | ||||||
6 | election" mean
the respective elections or the election dates | ||||||
7 | designated and established
in Article 2A of this Code.
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8 | 5. "Municipal election" means an election or primary, | ||||||
9 | either regular
or special, in cities, villages, and | ||||||
10 | incorporated towns; and "municipality"
means any such city, | ||||||
11 | village or incorporated town.
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12 | 6. "Political or governmental subdivision" means any unit | ||||||
13 | of local
government, or school district in which elections are | ||||||
14 | or may be held.
"Political or governmental subdivision" also | ||||||
15 | includes, for election purposes,
Regional Boards of School | ||||||
16 | Trustees, and Township Boards of School Trustees.
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17 | 7. The word "township" and the word "town" shall apply
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18 | interchangeably to the type of governmental organization | ||||||
19 | established in
accordance with the provisions of the Township | ||||||
20 | Code. The term
"incorporated town" shall mean a municipality | ||||||
21 | referred to as an
incorporated town in the Illinois Municipal | ||||||
22 | Code, as now or hereafter
amended.
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23 | 8. "Election authority" means a county clerk or a Board of | ||||||
24 | Election
Commissioners.
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25 | 9. "Election Jurisdiction" means (a) an entire county, in | ||||||
26 | the case of
a county in which no city board of election |
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1 | commissioners is located or
which is under the jurisdiction of | ||||||
2 | a county board of election commissioners;
(b) the territorial | ||||||
3 | jurisdiction of a city board of election commissioners;
and (c) | ||||||
4 | the territory in a county outside of the jurisdiction of a city
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5 | board of election commissioners. In each instance election | ||||||
6 | jurisdiction
shall be determined according to which election | ||||||
7 | authority maintains the
permanent registration records of | ||||||
8 | qualified electors.
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9 | 10. "Local election official" means the clerk or secretary | ||||||
10 | of a unit
of local government or school district, as the case | ||||||
11 | may be, the treasurer
of a township board of school trustees, | ||||||
12 | and the regional superintendent
of schools with respect to the | ||||||
13 | various school officer elections and school
referenda for which | ||||||
14 | the regional superintendent is assigned election duties
by The | ||||||
15 | School Code, as now or hereafter amended.
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16 | 11. "Judges of election", "primary judges" and similar | ||||||
17 | terms, as
applied to cases where there are 2 sets of judges, | ||||||
18 | when used in
connection with duties at an election during the | ||||||
19 | hours the polls are
open, refer to the team of judges of | ||||||
20 | election on duty during such hours;
and, when used with | ||||||
21 | reference to duties after the closing of the polls,
refer to | ||||||
22 | the team of tally judges designated to count the vote after the
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23 | closing of the polls and the holdover judges designated | ||||||
24 | pursuant to
Section 13-6.2 or 14-5.2. In such case, where, | ||||||
25 | after the closing of the
polls, any act is required to be | ||||||
26 | performed by each of the judges of
election, it shall be |
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1 | performed by each of the tally judges and by each
of the | ||||||
2 | holdover judges.
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3 | 12. "Petition" of candidacy as used in Sections 7-10 and | ||||||
4 | 7-10.1
shall consist of a statement of candidacy, candidate's | ||||||
5 | statement
containing oath, and sheets containing signatures of | ||||||
6 | qualified primary
electors bound together.
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7 | 13. "Election district" and "precinct", when used with | ||||||
8 | reference to
a 30-day residence requirement, means the smallest | ||||||
9 | constituent territory
in which electors vote as a unit at the | ||||||
10 | same polling place in any
election governed by this Act.
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11 | 14. "District" means any area which votes as a unit for the | ||||||
12 | election of
any officer, other than the State or a unit of | ||||||
13 | local government or school
district, and includes, but is not | ||||||
14 | limited to, legislative, congressional
and judicial districts, | ||||||
15 | judicial circuits, county board districts,
municipal and | ||||||
16 | sanitary district wards, school board districts, and | ||||||
17 | precincts.
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18 | 15. "Question of public policy" or "public question"
means | ||||||
19 | any question, proposition or measure submitted to the voters at | ||||||
20 | an
election dealing with subject matter other than the | ||||||
21 | nomination or election
of candidates and shall include, but is | ||||||
22 | not limited to, any bond or tax
referendum, and questions | ||||||
23 | relating to the Constitution.
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24 | 16. "Ordinance providing the form of government of a | ||||||
25 | municipality
or county pursuant to Article VII of the | ||||||
26 | Constitution" includes ordinances,
resolutions and petitions |
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1 | adopted by referendum which provide for the form
of government, | ||||||
2 | the officers or the manner of selection or terms of office
of | ||||||
3 | officers of such municipality or county, pursuant to the | ||||||
4 | provisions of
Sections 4, 6 or 7 of Article VII of the | ||||||
5 | Constitution.
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6 | 17. "List" as used in Sections 4-11, 4-22, 5-14, 5-29, | ||||||
7 | 6-60, and 6-66
shall include a computer tape or computer disc | ||||||
8 | or other electronic data
processing information containing | ||||||
9 | voter information.
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10 | 18. "Accessible" means accessible to persons with | ||||||
11 | disabilities and elderly
individuals for the purpose of voting | ||||||
12 | or registration, as determined by
rule of the State Board of | ||||||
13 | Elections.
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14 | 19. "Elderly" means 65 years of age or older.
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15 | 20. "Person with a disability" means a person having a | ||||||
16 | temporary or permanent physical disability.
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17 | 21. "Leading political party" means one of the two | ||||||
18 | political parties
whose candidates for governor at the most | ||||||
19 | recent three gubernatorial
elections received either the | ||||||
20 | highest or second highest average number of
votes. The | ||||||
21 | political party whose candidates for governor received the
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22 | highest average number of votes shall be known as the first | ||||||
23 | leading
political party and the political party whose | ||||||
24 | candidates for governor
received the second highest average | ||||||
25 | number of votes shall be known as the
second leading political | ||||||
26 | party.
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1 | 22. "Business day" means any day in which the office of an | ||||||
2 | election
authority, local election official or the State Board | ||||||
3 | of Elections is open
to the public for a minimum of 7 hours.
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4 | 23. "Homeless individual" means any person who has a | ||||||
5 | nontraditional
residence, including, but not limited to, a | ||||||
6 | shelter, day shelter, park
bench, street corner, or space under | ||||||
7 | a bridge.
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8 | 24. "Signature" means a name signed in ink or in digitized | ||||||
9 | form. This definition does not apply to a nominating or | ||||||
10 | candidate petition or a referendum petition. | ||||||
11 | 25. "Intelligent mail barcode tracking system" means a | ||||||
12 | printed trackable barcode attached to the return business reply | ||||||
13 | envelope for mail-in ballots under Article 19 or Article 20 | ||||||
14 | that allows an election authority to determine the date the | ||||||
15 | envelope was mailed in absence of a postmark. | ||||||
16 | (Source: P.A. 99-143, eff. 7-27-15.)
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17 | (10 ILCS 5/1-12) | ||||||
18 | Sec. 1-12. Public university voting. | ||||||
19 | (a) Each appropriate election authority shall, in addition | ||||||
20 | to the early voting conducted at locations otherwise required | ||||||
21 | by law, conduct early voting, grace period registration, and | ||||||
22 | grace period voting at the student union on the campus of a | ||||||
23 | public university within the election authority's | ||||||
24 | jurisdiction. The voting required by this subsection (a) to be | ||||||
25 | conducted on campus must be conducted from the 6th day before a |
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1 | general primary or general election until and including the 4th | ||||||
2 | day before a general primary or general election from 10:00 | ||||||
3 | a.m. to 5 p.m. and as otherwise required by Article 19A of this | ||||||
4 | Code, except that the voting required by this subsection (a) | ||||||
5 | need not be conducted during a consolidated primary or | ||||||
6 | consolidated election. If an election authority has voting | ||||||
7 | equipment that can accommodate a ballot in every form required | ||||||
8 | in the election authority's jurisdiction, then the election | ||||||
9 | authority shall extend early voting and grace period | ||||||
10 | registration and voting under this Section to any registered | ||||||
11 | voter in the election authority's jurisdiction. However, if the | ||||||
12 | election authority does not have voting equipment that can | ||||||
13 | accommodate a ballot in every form required in the election | ||||||
14 | authority's jurisdiction, then the election authority may | ||||||
15 | limit early voting and grace period registration and voting | ||||||
16 | under this Section to voters in precincts where the public | ||||||
17 | university is located and precincts bordering the university. | ||||||
18 | Each public university shall make the space available at the | ||||||
19 | student union for, and cooperate and coordinate with the | ||||||
20 | appropriate election authority in, the implementation of this | ||||||
21 | subsection (a).
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22 | (b) (Blank). | ||||||
23 | (c) For the purposes of this Section, "public university" | ||||||
24 | means the University of Illinois, Illinois State University, | ||||||
25 | Chicago State University, Governors State University, Southern | ||||||
26 | Illinois University, Northern Illinois University, Eastern |
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1 | Illinois University, Western Illinois University, and | ||||||
2 | Northeastern Illinois University. | ||||||
3 | (d) For the purposes of this Section, "student union" means | ||||||
4 | the Student Center at 750 S. Halsted on the University of | ||||||
5 | Illinois-Chicago campus; the Public Affairs Center at the | ||||||
6 | University of Illinois at Springfield or a new building | ||||||
7 | completed after the effective date of this Act housing student | ||||||
8 | government at the University of Illinois at Springfield; the | ||||||
9 | Illini Union at the University of Illinois at Urbana-Champaign; | ||||||
10 | the SIUC Student Center at the Southern Illinois University at | ||||||
11 | Carbondale campus; the Morris University Center at the Southern | ||||||
12 | Illinois University at Edwardsville campus; the University | ||||||
13 | Union at the Western Illinois University at the Macomb campus; | ||||||
14 | the Holmes Student Center at the Northern Illinois University | ||||||
15 | campus; the University Union at the Eastern Illinois University | ||||||
16 | campus; NEIU Student Union at the Northeastern Illinois | ||||||
17 | University campus; the Bone Student Center at the Illinois | ||||||
18 | State University campus; the Cordell Reed Student Union at the | ||||||
19 | Chicago State University campus; and the Hall of Governors in | ||||||
20 | Building D at the Governors State University campus. | ||||||
21 | (Source: P.A. 98-115, eff. 7-29-13; 98-691, eff. 7-1-14; | ||||||
22 | 98-1171, eff. 6-1-15 .) | ||||||
23 | (10 ILCS 5/1-13 new) | ||||||
24 | Sec. 1-13. Forms of signature. The making and signing of | ||||||
25 | any form, including an application to register, a certificate |
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1 | authorizing cancellation of a registration or authorizing a | ||||||
2 | transfer of registration, an application to vote, a provisional | ||||||
3 | ballot, or affidavit, but not including a nominating or | ||||||
4 | candidate petition or a referendum petition, may be by a | ||||||
5 | signature written in ink or in digitized form. | ||||||
6 | (10 ILCS 5/1A-16.5) | ||||||
7 | Sec. 1A-16.5. Online voter registration. | ||||||
8 | (a) The State Board of Elections shall establish and | ||||||
9 | maintain a system for online voter registration that permits a | ||||||
10 | person to apply to register to vote or to update his or her | ||||||
11 | existing voter registration. In accordance with technical | ||||||
12 | specifications provided by the State Board of Elections, each | ||||||
13 | election authority shall maintain a voter registration system | ||||||
14 | capable of receiving and processing voter registration | ||||||
15 | application information, including electronic signatures, from | ||||||
16 | the online voter registration system established by the State | ||||||
17 | Board of Elections. | ||||||
18 | (b) The online voter registration system shall employ | ||||||
19 | security measures to ensure the accuracy and integrity of voter | ||||||
20 | registration applications submitted electronically pursuant to | ||||||
21 | this Section. | ||||||
22 | (c) The Board may receive voter registration information | ||||||
23 | provided by applicants using the State Board of Elections' | ||||||
24 | website, may cross reference that information with data or | ||||||
25 | information contained in the Secretary of State's database in |
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1 | order to match the information submitted by applicants, and may | ||||||
2 | receive from the Secretary of State the applicant's digitized | ||||||
3 | signature upon a successful match of that applicant's | ||||||
4 | information with that contained in the Secretary of State's | ||||||
5 | database. | ||||||
6 | (d) Notwithstanding any other provision of law, a person | ||||||
7 | who is qualified to register to vote and who has an authentic | ||||||
8 | Illinois driver's license or State identification card issued | ||||||
9 | by the Secretary of State may submit an application to register | ||||||
10 | to vote electronically on a website maintained by the State | ||||||
11 | Board of Elections. | ||||||
12 | (e) An online voter registration application shall contain | ||||||
13 | all of the information that is required for a paper application | ||||||
14 | as provided in Section 1A-16 of this Code, except that the | ||||||
15 | applicant shall be required to provide: | ||||||
16 | (1) the applicant's full Illinois driver's license or | ||||||
17 | State identification card number; | ||||||
18 | (2) the last 4 digits of the applicant's social | ||||||
19 | security number; and | ||||||
20 | (3) the date the Illinois driver's license or State | ||||||
21 | identification card was issued. | ||||||
22 | (f) For an applicant's registration or change in | ||||||
23 | registration to be accepted, the applicant shall mark the box | ||||||
24 | associated with the following statement included as part of the | ||||||
25 | online voter registration application: | ||||||
26 | "By clicking on the box below, I swear or affirm all of the |
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1 | following: | ||||||
2 | (1) I am the person whose name and identifying information | ||||||
3 | is provided on this form, and I desire to register to vote in | ||||||
4 | the State of Illinois. | ||||||
5 | (2) All the information I have provided on this form is | ||||||
6 | true and correct as of the date I am submitting this form. | ||||||
7 | (3) I authorize the Secretary of State to transmit to the | ||||||
8 | State Board of Elections my signature that is on file with the | ||||||
9 | Secretary of State and understand that such signature will be | ||||||
10 | used by my local election authority on this online voter | ||||||
11 | registration application for admission as an elector as if I | ||||||
12 | had signed this form personally.". | ||||||
13 | (g) Immediately upon receiving a completed online voter | ||||||
14 | registration application, the online voter registration system | ||||||
15 | shall send, by electronic mail, a confirmation notice that the | ||||||
16 | application has been received. Within 48 hours of receiving | ||||||
17 | such an application, the online voter registration system shall | ||||||
18 | send by electronic mail, a notice informing the applicant of | ||||||
19 | whether the following information has been matched with the | ||||||
20 | Secretary of State database: | ||||||
21 | (1) that the applicant has an authentic Illinois | ||||||
22 | driver's license or State identification card issued by the | ||||||
23 | Secretary of State and that the driver's license or State | ||||||
24 | identification number provided by the applicant matches | ||||||
25 | the driver's license or State identification card number | ||||||
26 | for that person on file with the Secretary of State; |
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1 | (2) that the date of issuance of the Illinois driver's | ||||||
2 | license or State identification card listed on the | ||||||
3 | application matches the date of issuance of that card for | ||||||
4 | that person on file with the Secretary of State; | ||||||
5 | (3) that the date of birth provided by the applicant | ||||||
6 | matches the date of birth for that person on file with the | ||||||
7 | Secretary of State; and | ||||||
8 | (4) that the last 4 digits of the applicant's social | ||||||
9 | security number matches the last 4 digits for that person | ||||||
10 | on file with the Secretary of State. | ||||||
11 | (h) If the information provided by the applicant matches | ||||||
12 | the information on the Secretary of State's databases for any | ||||||
13 | driver's license and State identification card holder and is | ||||||
14 | matched as provided in subsection (g) above, the online voter | ||||||
15 | registration system shall: | ||||||
16 | (1) retrieve from the Secretary of State's database | ||||||
17 | files an electronic copy of the applicant's signature from | ||||||
18 | his or her Illinois driver's license or State | ||||||
19 | identification card and such signature shall be deemed to | ||||||
20 | be the applicant's signature on his or her online voter | ||||||
21 | registration application; | ||||||
22 | (2) within 2 days of receiving the application, forward | ||||||
23 | to the county clerk or board of election commissioners | ||||||
24 | having jurisdiction over the applicant's voter | ||||||
25 | registration: (i) the application, along with the | ||||||
26 | applicant's relevant data that can be directly loaded into |
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1 | the jurisdiction's voter registration system and (ii) a | ||||||
2 | copy of the applicant's electronic signature and a | ||||||
3 | certification from the State Board of Elections that the | ||||||
4 | applicant's driver's license or State identification card | ||||||
5 | number, driver's license or State identification card date | ||||||
6 | of issuance, and date of birth and social security | ||||||
7 | information have been successfully matched. | ||||||
8 | (i) Upon receipt of the online voter registration | ||||||
9 | application, the county clerk or board of election | ||||||
10 | commissioners having jurisdiction over the applicant's voter | ||||||
11 | registration shall promptly search its voter registration | ||||||
12 | database to determine whether the applicant is already | ||||||
13 | registered to vote at the address on the application and | ||||||
14 | whether the new registration would create a duplicate | ||||||
15 | registration. If the applicant is already registered to vote at | ||||||
16 | the address on the application, the clerk or board, as the case | ||||||
17 | may be, shall send the applicant by first class mail, and | ||||||
18 | electronic mail if the applicant has provided an electronic | ||||||
19 | mail address on the original voter registration form for that | ||||||
20 | address, a disposition notice as otherwise required by law | ||||||
21 | informing the applicant that he or she is already registered to | ||||||
22 | vote at such address. If the applicant is not already | ||||||
23 | registered to vote at the address on the application and the | ||||||
24 | applicant is otherwise eligible to register to vote, the clerk | ||||||
25 | or board, as the case may be, shall: | ||||||
26 | (1) enter the name and address of the applicant on the |
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1 | list of registered voters in the jurisdiction; and | ||||||
2 | (2) send by mail, and electronic mail if the applicant | ||||||
3 | has provided an electronic mail address on the voter | ||||||
4 | registration form, a disposition notice to the applicant as | ||||||
5 | otherwise provided by law setting forth the applicant's | ||||||
6 | name and address as it appears on the application and | ||||||
7 | stating that the person is registered to vote. | ||||||
8 | (j) An electronic signature of the person submitting a | ||||||
9 | duplicate registration application or a change of address form | ||||||
10 | that is retrieved and imported from the Secretary of State's | ||||||
11 | driver's license or State identification card database as | ||||||
12 | provided herein may, in the discretion of the clerk or board, | ||||||
13 | be substituted for and replace any existing signature for that | ||||||
14 | individual in the voter registration database of the county | ||||||
15 | clerk or board of election commissioners. | ||||||
16 | (k) Any new registration or change of address submitted | ||||||
17 | electronically as provided in this Section shall become | ||||||
18 | effective as of the date it is received by the county clerk or | ||||||
19 | board of election commissioners having jurisdiction over said | ||||||
20 | registration. Disposition notices prescribed in this Section | ||||||
21 | shall be sent within 5 business days of receipt of the online | ||||||
22 | application or change of address by the county clerk or board | ||||||
23 | of election commissioners. | ||||||
24 | (l) All provisions of this Code governing voter | ||||||
25 | registration and applicable thereto and not inconsistent with | ||||||
26 | this Section shall apply to online voter registration under |
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1 | this Section. All applications submitted on a website | ||||||
2 | maintained by the State Board of Elections shall be deemed | ||||||
3 | timely filed if they are submitted no later than 11:59 p.m. on | ||||||
4 | the 16th day final day for voter registration prior to an | ||||||
5 | election. After the registration period for an upcoming | ||||||
6 | election has ended and until the 2nd day following such | ||||||
7 | election, the web page containing the online voter registration | ||||||
8 | form on the State Board of Elections website shall inform users | ||||||
9 | of the procedure for grace period voting. | ||||||
10 | (m) The State Board of Elections shall maintain a list of | ||||||
11 | the name, street address, e-mail address, and likely precinct, | ||||||
12 | ward, township, and district numbers, as the case may be, of | ||||||
13 | people who apply to vote online through the voter registration | ||||||
14 | system and those names and that information shall be stored in | ||||||
15 | an electronic format on its website, arranged by county and | ||||||
16 | accessible to State and local political committees. | ||||||
17 | (n) The Illinois State Board of Elections shall develop or | ||||||
18 | cause to be developed an online voter registration system able | ||||||
19 | to be accessed by at least the top two most used mobile | ||||||
20 | electronic operating systems by January 1, 2016. | ||||||
21 | (o) (Blank).
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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 |
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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 | 98-1171, eff. 6-1-15 .) | ||||||
5 | (10 ILCS 5/1A-16.8) | ||||||
6 | Sec. 1A-16.8. Automatic transfer of registration based | ||||||
7 | upon information from the National Change of Address database. | ||||||
8 | The State Board of Elections shall cross-reference the | ||||||
9 | statewide voter registration database against the United | ||||||
10 | States Postal Service's National Change of Address database | ||||||
11 | twice each calendar year, April 15 and October 1 in | ||||||
12 | odd-numbered years and April 15 and December 1 in even-numbered | ||||||
13 | years, and shall share the findings with the election | ||||||
14 | authorities. An election authority shall automatically | ||||||
15 | register any voter who has moved into its jurisdiction from | ||||||
16 | another jurisdiction in Illinois or has moved within its | ||||||
17 | jurisdiction provided that: | ||||||
18 | (1) the election authority whose jurisdiction includes | ||||||
19 | the new registration address provides the voter an | ||||||
20 | opportunity to reject the change in registration address | ||||||
21 | through a mailing, sent by non-forwardable mail, to the new | ||||||
22 | registration address, and | ||||||
23 | (2) when the election authority whose jurisdiction | ||||||
24 | includes the previous registration address is a different | ||||||
25 | election authority, then that election authority provides |
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1 | the same opportunity through a mailing, sent by forwardable | ||||||
2 | mail, to the previous registration address. | ||||||
3 | This change in registration shall trigger the same | ||||||
4 | inter-jurisdictional or intra-jurisdictional workflows as if | ||||||
5 | the voter completed a new registration card, including the | ||||||
6 | cancellation of the voter's previous registration. Should the | ||||||
7 | registration of a voter be changed from one address to another | ||||||
8 | within the State and should the voter appear at the polls and | ||||||
9 | offer to vote from the prior registration address, attesting | ||||||
10 | that the prior registration address is the true current | ||||||
11 | address, the voter, if confirmed by the election authority as | ||||||
12 | having been registered at the prior registration address and | ||||||
13 | canceled only by the process authorized by this Section, shall | ||||||
14 | be issued a regular ballot, and the change of registration | ||||||
15 | address shall be canceled. If the election authority is unable | ||||||
16 | to immediately confirm the registration, the voter shall be | ||||||
17 | issued a provisional ballot and the provisional ballot shall be | ||||||
18 | counted .
| ||||||
19 | (Source: P.A. 98-1171, eff. 6-1-15 .) | ||||||
20 | (10 ILCS 5/1A-50 new) | ||||||
21 | Sec. 1A-50. The ERIC Operations Trust Fund. The ERIC | ||||||
22 | Operations Trust Fund (Trust Fund) is created as a | ||||||
23 | nonappropriated trust fund to be held outside of the State | ||||||
24 | treasury, with the State Treasurer as ex officio custodian. The | ||||||
25 | Trust Fund shall be financed by a combination of private |
| |||||||
| |||||||
1 | donations and by appropriations by the General Assembly. The | ||||||
2 | Board may accept from all sources, contributions, grants, | ||||||
3 | gifts, bequeaths, legacies of money, and securities to be | ||||||
4 | deposited into the Trust Fund. All deposits shall become part | ||||||
5 | of the Trust Fund corpus. Moneys in the Trust Fund are not | ||||||
6 | subject to appropriation and shall be used by the Board solely | ||||||
7 | for the costs and expenses related to the participation in the | ||||||
8 | Electronic Registration Information Center pursuant to this | ||||||
9 | Code. | ||||||
10 | All gifts, grants, assets, funds, or moneys received by the | ||||||
11 | Board for the purpose of participation in the Electronic | ||||||
12 | Registration Information Center shall be deposited and held in | ||||||
13 | the Trust Fund by the State Treasurer separate and apart from | ||||||
14 | all public moneys or funds of this State and shall be | ||||||
15 | administered by the Board exclusively for the purposes set | ||||||
16 | forth in this Section. All moneys in the Trust Fund shall be | ||||||
17 | invested and reinvested by the State Treasurer. All interest | ||||||
18 | accruing from these investments shall be deposited in the Trust | ||||||
19 | Fund. | ||||||
20 | The ERIC Operations Trust Fund is not subject to sweeps, | ||||||
21 | administrative charge-backs, or any other fiscal or budgetary | ||||||
22 | maneuver that would in any way transfer any amounts from the | ||||||
23 | ERIC Operations Trust Fund into any other fund of the State.
| ||||||
24 | (10 ILCS 5/4-8) (from Ch. 46, par. 4-8)
| ||||||
25 | Sec. 4-8. The county clerk shall provide a sufficient |
| |||||||
| |||||||
1 | number of blank
forms for the registration of electors, which | ||||||
2 | shall be known as
registration record cards and which shall | ||||||
3 | consist of loose leaf sheets
or cards, of suitable size to | ||||||
4 | contain in plain writing and figures the
data hereinafter | ||||||
5 | required thereon or shall consist of computer cards of
suitable | ||||||
6 | nature to contain the data required thereon. The registration | ||||||
7 | record
cards, which shall include an affidavit of registration | ||||||
8 | as hereinafter
provided, shall be executed in duplicate.
| ||||||
9 | The registration record card shall contain the following | ||||||
10 | and such
other information as the county clerk may think it | ||||||
11 | proper to require for
the identification of the applicant for | ||||||
12 | registration:
| ||||||
13 | Name. The name of the applicant, giving surname and first | ||||||
14 | or
Christian name in full, and the middle name or the initial | ||||||
15 | for such
middle name, if any.
| ||||||
16 | Sex.
| ||||||
17 | Residence. The name and number of the street, avenue, or | ||||||
18 | other location of
the dwelling, including the apartment, unit | ||||||
19 | or room number, if any, and in the
case of a mobile home the lot | ||||||
20 | number, and such additional clear and definite
description as | ||||||
21 | may be necessary to determine the exact location of the
| ||||||
22 | dwelling of the applicant. Where the location cannot be | ||||||
23 | determined by
street and number, then the section, | ||||||
24 | congressional township and range
number may be used, or such | ||||||
25 | other description as may be necessary,
including post-office | ||||||
26 | mailing address. In the case of a homeless individual,
the |
| |||||||
| |||||||
1 | individual's voting residence that is his or her mailing | ||||||
2 | address shall be
included on his or her registration record | ||||||
3 | card.
| ||||||
4 | Term of residence in the State of Illinois and precinct. | ||||||
5 | This
information shall be furnished by the applicant stating | ||||||
6 | the place or
places where he resided and the dates during which | ||||||
7 | he resided in such
place or places during the year next | ||||||
8 | preceding the date of the next
ensuing election.
| ||||||
9 | Nativity. The state or country in which the applicant was | ||||||
10 | born.
| ||||||
11 | Citizenship. Whether the applicant is native born or | ||||||
12 | naturalized. If
naturalized, the court, place, and date of | ||||||
13 | naturalization.
| ||||||
14 | Date of application for registration, i.e., the day, month | ||||||
15 | and year
when applicant presented himself for registration.
| ||||||
16 | Age. Date of birth, by month, day and year.
| ||||||
17 | Physical disability of the applicant, if any, at the time | ||||||
18 | of
registration, which would require assistance in voting.
| ||||||
19 | The county and state in which the applicant was last | ||||||
20 | registered.
| ||||||
21 | Electronic mail address, if any. | ||||||
22 | Signature of voter. The applicant, after the registration | ||||||
23 | and in the
presence of a deputy registrar or other officer of | ||||||
24 | registration shall be
required to sign his or her name in ink | ||||||
25 | or digitized form to the affidavit on both the
original and | ||||||
26 | duplicate registration record cards.
|
| |||||||
| |||||||
1 | Signature of deputy registrar or officer of registration.
| ||||||
2 | In case applicant is unable to sign his name, he may affix | ||||||
3 | his mark
to the affidavit. In such case the officer empowered | ||||||
4 | to give the
registration oath shall write a detailed | ||||||
5 | description of the applicant in
the space provided on the back | ||||||
6 | or at the bottom of the card or sheet;
and shall ask the | ||||||
7 | following questions and record the answers thereto:
| ||||||
8 | Father's first name.
| ||||||
9 | Mother's first name.
| ||||||
10 | From what address did the applicant last register?
| ||||||
11 | Reason for inability to sign name.
| ||||||
12 | Each applicant for registration shall make an affidavit in
| ||||||
13 | substantially the following form:
| ||||||
14 | AFFIDAVIT OF REGISTRATION
| ||||||
15 | STATE OF ILLINOIS
| ||||||
16 | COUNTY OF .......
| ||||||
17 | I hereby swear (or affirm) that I am a citizen of the | ||||||
18 | United States;
that on the date of the next election I shall | ||||||
19 | have resided in the State
of Illinois and in the election | ||||||
20 | precinct in which I reside 30 days and
that I intend that this | ||||||
21 | location shall be my residence; that
I am fully qualified to | ||||||
22 | vote, and that the above statements are true.
| ||||||
23 | ..............................
| ||||||
24 | (His or her signature or mark)
| ||||||
25 | Subscribed and sworn to before me on (insert date).
| ||||||
26 | ..................................
|
| |||||||
| |||||||
1 | Signature of registration officer.
| ||||||
2 | (To be signed in presence of registrant.)
| ||||||
3 | Space shall be provided upon the face of each registration | ||||||
4 | record
card for the notation of the voting record of the person | ||||||
5 | registered
thereon.
| ||||||
6 | Each registration record card shall be numbered according | ||||||
7 | to
precincts, and may be serially or otherwise marked for | ||||||
8 | identification in
such manner as the county clerk may | ||||||
9 | determine.
| ||||||
10 | The registration cards shall be deemed public records and | ||||||
11 | shall be
open to inspection during regular business hours, | ||||||
12 | except during the 27
days immediately preceding any election. | ||||||
13 | On written request of any
candidate or objector or any person | ||||||
14 | intending to object to a petition, the
election authority shall | ||||||
15 | extend its hours for inspection of registration
cards and other | ||||||
16 | records of the election authority during the period
beginning | ||||||
17 | with the filing of petitions under Sections 7-10, 8-8, 10-6 or
| ||||||
18 | 28-3 and continuing through the termination of electoral board | ||||||
19 | hearings on
any objections to petitions containing signatures | ||||||
20 | of registered voters in
the jurisdiction of the election | ||||||
21 | authority. The extension shall be for a
period of hours | ||||||
22 | sufficient to allow adequate opportunity for examination of
the | ||||||
23 | records but the election authority is not required to extend | ||||||
24 | its hours
beyond the period beginning at its normal opening for | ||||||
25 | business and ending
at midnight. If the business hours are so |
| |||||||
| |||||||
1 | extended, the election authority
shall post a public notice of | ||||||
2 | such extended hours. Registration record
cards may also be | ||||||
3 | inspected, upon approval of the officer in charge of the
cards, | ||||||
4 | during the 27 days immediately preceding any election.
| ||||||
5 | Registration
record cards shall also be open to inspection by | ||||||
6 | certified judges and poll
watchers and challengers at the | ||||||
7 | polling place on election day, but only to
the extent necessary | ||||||
8 | to determine the question of the right of a person to
vote or | ||||||
9 | to serve as a judge of election. At no time shall poll watchers | ||||||
10 | or
challengers be allowed to physically handle the registration | ||||||
11 | record cards.
| ||||||
12 | Updated copies of computer tapes or computer discs or other | ||||||
13 | electronic data
processing information containing voter | ||||||
14 | registration information shall
be furnished by the county clerk | ||||||
15 | within 10 days after December 15 and
May
15 each year and | ||||||
16 | within 10 days after each registration
period is closed to the | ||||||
17 | State Board of Elections in a form
prescribed by the
Board. For | ||||||
18 | the purposes of this Section, a registration period is closed | ||||||
19 | 27
days before the date of any regular or special election. | ||||||
20 | Registration
information shall include, but not be limited to, | ||||||
21 | the
following information: name, sex, residence, telephone | ||||||
22 | number, if any,
age, party affiliation, if applicable, | ||||||
23 | precinct, ward, township,
county, and representative, | ||||||
24 | legislative and
congressional districts. In the event of | ||||||
25 | noncompliance, the State
Board of Elections is directed to | ||||||
26 | obtain compliance forthwith with this
nondiscretionary duty of |
| |||||||
| |||||||
1 | the election authority by instituting legal
proceedings in the | ||||||
2 | circuit court of the county in which the election
authority | ||||||
3 | maintains the registration information. The costs of | ||||||
4 | furnishing
updated copies of tapes or discs shall be paid at a | ||||||
5 | rate of $.00034 per
name of registered voters in the election | ||||||
6 | jurisdiction, but not less than
$50 per tape or disc and shall | ||||||
7 | be paid from appropriations made to the
State Board of | ||||||
8 | Elections for reimbursement to the election authority for
such | ||||||
9 | purpose. The State Board shall furnish copies of such tapes, | ||||||
10 | discs, other
electronic data or compilations thereof to state | ||||||
11 | political committees
registered pursuant to the Illinois | ||||||
12 | Campaign Finance Act or the Federal
Election Campaign Act and | ||||||
13 | to governmental entities, at their request and at a reasonable | ||||||
14 | cost.
To protect the privacy and confidentiality of voter | ||||||
15 | registration information,
the disclosure
of electronic voter | ||||||
16 | registration records to any person or entity other than to a
| ||||||
17 | State or local political
committee and other than to a | ||||||
18 | governmental entity for a governmental
purpose is specifically | ||||||
19 | prohibited except as follows: subject to security measures | ||||||
20 | adopted by the State Board of Elections which, at a minimum, | ||||||
21 | shall include the keeping of a catalog or database, available | ||||||
22 | for public view, including the name, address, and telephone | ||||||
23 | number of the person viewing the list as well as the time of | ||||||
24 | that viewing, any person may view the centralized statewide | ||||||
25 | voter registration list on a computer screen at the Springfield | ||||||
26 | office of the State Board of Elections, during normal business |
| |||||||
| |||||||
1 | hours other than during the 27 days before an election, but the | ||||||
2 | person viewing the list under this exception may not print, | ||||||
3 | duplicate, transmit, or alter the list. Copies of
the tapes, | ||||||
4 | discs, or other electronic data shall be furnished by the | ||||||
5 | county
clerk to local political committees and governmental | ||||||
6 | entities at their request and at a
reasonable cost.
Reasonable | ||||||
7 | cost of the tapes, discs, et cetera for
this purpose would be | ||||||
8 | the cost of duplication plus 15% for
administration. The | ||||||
9 | individual representing a political committee
requesting | ||||||
10 | copies of such tapes shall make a sworn affidavit that the
| ||||||
11 | information shall be used only for bona fide political | ||||||
12 | purposes,
including by or for candidates for office or | ||||||
13 | incumbent office holders.
Such tapes, discs or other electronic | ||||||
14 | data shall not be used under any
circumstances by any political | ||||||
15 | committee or individuals for purposes of
commercial | ||||||
16 | solicitation or other business purposes. If such tapes
contain | ||||||
17 | information on county residents related to the operations of
| ||||||
18 | county government in addition to registration information, | ||||||
19 | that
information shall not be used under any circumstances for | ||||||
20 | commercial
solicitation or other business purposes. The | ||||||
21 | prohibition in this
Section against using the computer tapes or | ||||||
22 | computer discs or other
electronic data processing information | ||||||
23 | containing voter registration
information for purposes of | ||||||
24 | commercial solicitation or other business
purposes shall be | ||||||
25 | prospective only from the effective date of this
amended Act of | ||||||
26 | 1979. Any person who violates this provision shall be
guilty of |
| |||||||
| |||||||
1 | a Class 4 felony.
| ||||||
2 | The State Board of Elections shall promulgate, by October | ||||||
3 | 1, 1987, such
regulations as may be necessary to ensure | ||||||
4 | uniformity throughout the State
in electronic data processing | ||||||
5 | of voter registration information. The
regulations shall | ||||||
6 | include, but need not be limited to, specifications for
uniform | ||||||
7 | medium, communications protocol and file structure to be | ||||||
8 | employed
by the election authorities of this State in the | ||||||
9 | electronic data processing
of voter registration information. | ||||||
10 | Each election authority utilizing
electronic data processing | ||||||
11 | of voter registration information shall comply
with such | ||||||
12 | regulations on and after May 15, 1988.
| ||||||
13 | If the applicant for registration was last registered in | ||||||
14 | another
county within this State, he shall also sign a | ||||||
15 | certificate authorizing
cancellation of the former | ||||||
16 | registration. The certificate shall be in
substantially the | ||||||
17 | following form:
| ||||||
18 | To the County Clerk of.... County, Illinois. (or)
| ||||||
19 | To the Election Commission of the City of ...., Illinois.
| ||||||
20 | This is to certify that I am registered in your (county) | ||||||
21 | (city) and
that my residence was ............................
| ||||||
22 | Having moved out of your (county) (city), I hereby authorize | ||||||
23 | you to
cancel said registration in your office.
| ||||||
24 | Dated at ...., Illinois, on (insert date).
| ||||||
25 | .................................
| ||||||
26 | (Signature of Voter)
|
| |||||||
| |||||||
1 | Attest: ................, County Clerk, .............
| ||||||
2 | County, Illinois.
| ||||||
3 | The cancellation certificate shall be mailed immediately | ||||||
4 | by the
County Clerk to the County Clerk (or election commission | ||||||
5 | as the case may
be) where the applicant was formerly | ||||||
6 | registered. Receipt of such
certificate shall be full authority | ||||||
7 | for cancellation of any previous
registration.
| ||||||
8 | (Source: P.A. 98-115, eff. 10-1-13.)
| ||||||
9 | (10 ILCS 5/4-20) (from Ch. 46, par. 4-20)
| ||||||
10 | Sec. 4-20.
The original registration cards shall remain | ||||||
11 | permanently
in the office of the county clerk or election | ||||||
12 | authority except as destroyed as provided in
Section 4-5.01; | ||||||
13 | shall be filed alphabetically without regard to
precincts; and | ||||||
14 | shall be known as the master file. The master file may be kept | ||||||
15 | in a computer-based voter registration file or paper format, | ||||||
16 | provided a secondary digital back-up is kept off site. The | ||||||
17 | digital file shall be searchable and remain current with all | ||||||
18 | registration activity conducted by the county clerk or election | ||||||
19 | authority. The duplicate
registration cards shall constitute | ||||||
20 | the official registry of voters for
all elections subject to | ||||||
21 | the provisions of this Article 4, shall be
filed by precincts | ||||||
22 | alphabetically or geographically so as to correspond
with the | ||||||
23 | arrangement of the list for such precincts respectively,
| ||||||
24 | compiled pursuant to Section 4-11 of this Article, and shall be | ||||||
25 | known as
the precinct file. The duplicate cards for use in |
| |||||||
| |||||||
1 | conducting elections
shall be delivered to the judges of | ||||||
2 | election by the county clerk in a
suitable binder or other | ||||||
3 | device, which shall be locked and sealed in
accordance with the | ||||||
4 | directions to be given by the county clerk and shall
also be | ||||||
5 | suitably indexed for convenient use by the precinct officers. | ||||||
6 | The
duplicate cards
shall be delivered to the judges of
| ||||||
7 | election for use at the polls for elections at the same time as | ||||||
8 | the
official ballots are delivered to them, and shall be | ||||||
9 | returned to the
county clerk by the judges of election within | ||||||
10 | the time provided for the
return of the official ballots. The | ||||||
11 | county clerk shall determine the
manner of delivery and return | ||||||
12 | of such duplicate cards,
and shall at all other times retain | ||||||
13 | them at his office except for such
use of them as may be made | ||||||
14 | under this Article with respect to
registration not at the | ||||||
15 | office of the county clerk.
| ||||||
16 | (Source: P.A. 80-1469.)
| ||||||
17 | (10 ILCS 5/4-33)
| ||||||
18 | Sec. 4-33. Computerization of voter records.
| ||||||
19 | (a) The State Board of Elections shall design a | ||||||
20 | registration record card
that, except as otherwise provided in | ||||||
21 | this Section, shall be used in duplicate
by all election | ||||||
22 | authorities in the State adopting a computer-based voter
| ||||||
23 | registration file as provided in this Section. The Board shall | ||||||
24 | prescribe the
form
and specifications, including but not | ||||||
25 | limited to the weight of paper, color,
and print of the cards. |
| |||||||
| |||||||
1 | The cards shall contain boxes or spaces for the
information | ||||||
2 | required under Sections 4-8 and 4-21; provided that
the cards | ||||||
3 | shall also contain: (i) A space for a person to fill in his or | ||||||
4 | her
Illinois driver's license number if the person has a | ||||||
5 | driver's license; (ii) A
space for a person without a driver's | ||||||
6 | license to fill in the last four digits
of his or her social | ||||||
7 | security number if the person has a social security
number.
| ||||||
8 | (b) The election authority may develop and implement a | ||||||
9 | system
to prepare,
use, and maintain a computer-based voter | ||||||
10 | registration file that includes a
computer-stored image of the | ||||||
11 | signature of each voter. The computer-based voter
registration | ||||||
12 | file may be used for all purposes for which the original
| ||||||
13 | registration cards are to be used , provided that a system for | ||||||
14 | the storage of at
least one copy of the original registration | ||||||
15 | cards remains in effect .
In the case of voter registration | ||||||
16 | forms received via an online voter registration system, the | ||||||
17 | original registration cards will include the signature | ||||||
18 | received from the Secretary of State database. The electronic | ||||||
19 | file shall be the master file.
| ||||||
20 | (b-2) The election authority may develop and implement a | ||||||
21 | system to maintain registration cards in digital form using | ||||||
22 | digitized signatures, which may be stored in a computer-based | ||||||
23 | voter registration file under subsection (b) of this Section. | ||||||
24 | The making and signing of any form, including an application to | ||||||
25 | register and a certificate authorizing cancellation of a | ||||||
26 | registration or authorizing a transfer of registration may be |
| |||||||
| |||||||
1 | by a signature written in ink or by a digitized signature. | ||||||
2 | (c) Any system created, used, and maintained under | ||||||
3 | subsection
(b) of this
Section shall meet the following | ||||||
4 | standards:
| ||||||
5 | (1) Access to any computer-based voter registration | ||||||
6 | file shall be limited
to those persons authorized by the | ||||||
7 | election authority, and each access to the
computer-based | ||||||
8 | voter registration file, other than an access solely for
| ||||||
9 | inquiry, shall be recorded.
| ||||||
10 | (2) No copy, summary, list, abstract, or index of any | ||||||
11 | computer-based voter
registration file that includes any | ||||||
12 | computer-stored image of the signature of
any registered | ||||||
13 | voter shall be made available to the public outside of the
| ||||||
14 | offices of the election authority.
| ||||||
15 | (3) Any copy, summary, list, abstract, or index of any | ||||||
16 | computer-based
voter
registration file that includes a | ||||||
17 | computer-stored image of the signature of a
registered | ||||||
18 | voter shall be produced in such a manner that it cannot be
| ||||||
19 | reproduced.
| ||||||
20 | (4) Each person desiring to vote shall sign an | ||||||
21 | application for a ballot,
and the signature comparison | ||||||
22 | authorized in Articles 17 and 18 of this Code may
be made | ||||||
23 | to a copy of the computer-stored image of the signature of | ||||||
24 | the
registered voter.
| ||||||
25 | (5) Any voter list produced from a computer-based voter | ||||||
26 | registration file
that includes computer-stored images of |
| |||||||
| |||||||
1 | the signatures of registered voters and
is used in a | ||||||
2 | polling place during an election shall be preserved by the
| ||||||
3 | election authority in secure storage until the end of the | ||||||
4 | second calendar year
following the election in which it was | ||||||
5 | used.
| ||||||
6 | (d) Before the first election in which the election | ||||||
7 | authority
elects to use
a voter list produced from the | ||||||
8 | computer-stored images of the signatures of
registered voters | ||||||
9 | in a computer-based voter registration file for signature
| ||||||
10 | comparison in a polling place, the State Board of Elections | ||||||
11 | shall certify that
the system used by the election authority | ||||||
12 | complies with the standards set forth
in this Section. The | ||||||
13 | State Board of Elections may request a sample poll list
| ||||||
14 | intended to be used in a polling place to test the accuracy of | ||||||
15 | the list and the
adequacy of the computer-stored images of the | ||||||
16 | signatures of the registered
voters.
| ||||||
17 | (e) With respect to a jurisdiction that has copied all of | ||||||
18 | its
voter
signatures into a computer-based registration file, | ||||||
19 | all references in this Act
or any other Act to the use, other | ||||||
20 | than storage, of paper-based voter
registration records shall | ||||||
21 | be deemed to refer to their computer-based
equivalents.
| ||||||
22 | (f) Nothing in this Section prevents an election authority | ||||||
23 | from
submitting to the State Board of Elections a duplicate | ||||||
24 | copy of some, as the
State Board of Elections shall determine, | ||||||
25 | or all of the data contained in each
voter registration record | ||||||
26 | that is part of the electronic master file. The
duplicate copy |
| |||||||
| |||||||
1 | of the registration record shall be maintained by the State
| ||||||
2 | Board of Elections under the same terms and limitations | ||||||
3 | applicable to the
election authority and shall be of equal | ||||||
4 | legal dignity with the original
registration record maintained | ||||||
5 | by the election authority as proof of any fact
contained in the | ||||||
6 | voter registration record.
| ||||||
7 | (Source: P.A. 98-115, eff. 7-29-13.)
| ||||||
8 | (10 ILCS 5/5-7)
(from Ch. 46, par. 5-7)
| ||||||
9 | Sec. 5-7. The county clerk shall provide a sufficient | ||||||
10 | number of
blank forms for the registration of electors which | ||||||
11 | shall be known as
registration record cards and which shall | ||||||
12 | consist of loose leaf sheets
or cards, of suitable size to | ||||||
13 | contain in plain writing and figures the
data hereinafter | ||||||
14 | required thereon or shall consist of computer cards of
suitable | ||||||
15 | nature to contain the data required thereon. The registration
| ||||||
16 | record cards, which shall include an affidavit of registration | ||||||
17 | as
hereinafter provided, shall be executed in duplicate.
| ||||||
18 | The registration record card shall contain the following | ||||||
19 | and such
other information as the county clerk may think it | ||||||
20 | proper to require for
the identification of the applicant for | ||||||
21 | registration:
| ||||||
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.
|
| |||||||
| |||||||
1 | Residence. The name and number of the street, avenue, or | ||||||
2 | other
location of the dwelling, including the apartment, unit | ||||||
3 | or room number,
if any, and in the case of a mobile home the lot | ||||||
4 | number, and such additional
clear and definite description as | ||||||
5 | may be necessary to determine the exact
location of the | ||||||
6 | dwelling of the applicant, including post-office mailing
| ||||||
7 | address. In the case of a homeless individual, the individual's | ||||||
8 | voting
residence that is his or her mailing address shall be | ||||||
9 | included on his or her
registration record card.
| ||||||
10 | Term of residence in the State of Illinois and the | ||||||
11 | precinct. Which
questions may be answered by the applicant | ||||||
12 | stating, in excess of 30 days
in the State and in excess of 30 | ||||||
13 | days in the 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 | Date of application for registration, i.e., the day, month | ||||||
20 | and year
when applicant presented himself for registration.
| ||||||
21 | Age. Date of birth, by month, day and year.
| ||||||
22 | Physical disability of the applicant, if any, at the time | ||||||
23 | of
registration, which would require assistance in voting.
| ||||||
24 | The county and state in which the applicant was last | ||||||
25 | registered.
| ||||||
26 | Electronic mail address, if any. |
| |||||||
| |||||||
1 | Signature of voter. The applicant, after the registration | ||||||
2 | and in the
presence of a deputy registrar or other officer of | ||||||
3 | registration shall be
required to sign his or her name in ink | ||||||
4 | or digitized form to the affidavit on the original
and | ||||||
5 | duplicate registration record card.
| ||||||
6 | Signature of Deputy Registrar.
| ||||||
7 | In case applicant is unable to sign his name, he may affix | ||||||
8 | his mark
to the affidavit. In such case the officer empowered | ||||||
9 | to give the
registration oath shall write a detailed | ||||||
10 | description of the applicant in
the space provided at the | ||||||
11 | bottom of the card or sheet; and shall ask the
following | ||||||
12 | questions and record the answers thereto:
| ||||||
13 | Father's first name .......................
| ||||||
14 | Mother's first name .......................
| ||||||
15 | From what address did you last register?
| ||||||
16 | Reason for inability to sign name.
| ||||||
17 | Each applicant for registration shall make an affidavit in
| ||||||
18 | substantially the following form:
| ||||||
19 | AFFIDAVIT OF REGISTRATION
| ||||||
20 | State of Illinois)
| ||||||
21 | )ss
| ||||||
22 | County of )
| ||||||
23 | I hereby swear (or affirm) that I am a citizen of the | ||||||
24 | United States;
that on the date of the next election I shall | ||||||
25 | have resided in the State
of Illinois and in the election | ||||||
26 | precinct in which I reside 30 days; that
I am fully qualified |
| |||||||
| |||||||
1 | to vote. That I intend that this location shall be
my residence | ||||||
2 | and that the above statements are true.
| ||||||
3 | ..............................
| ||||||
4 | (His or her signature or mark)
| ||||||
5 | Subscribed and sworn to before me on (insert date).
| ||||||
6 | .........................................
| ||||||
7 | Signature of Registration Officer.
| ||||||
8 | (To be signed in presence of Registrant.)
| ||||||
9 | Space shall be provided upon the face of each registration | ||||||
10 | record
card for the notation of the voting record of the person | ||||||
11 | registered
thereon.
| ||||||
12 | Each registration record card shall be numbered according | ||||||
13 | to towns
and precincts, wards, cities and villages, as the case | ||||||
14 | may be, and may
be serially or otherwise marked for | ||||||
15 | identification in such manner as the
county clerk may | ||||||
16 | determine.
| ||||||
17 | The registration cards shall be deemed public records and | ||||||
18 | shall be
open to inspection during regular business hours, | ||||||
19 | except during the 27
days immediately preceding any election. | ||||||
20 | On written request of any
candidate or objector or any person | ||||||
21 | intending to object to a petition, the
election authority shall | ||||||
22 | extend its hours for inspection of registration
cards and other | ||||||
23 | records of the election authority during the period
beginning | ||||||
24 | with the filing of petitions under Sections 7-10, 8-8, 10-6 or
| ||||||
25 | 28-3 and continuing through the termination of electoral board |
| |||||||
| |||||||
1 | hearings on
any objections to petitions containing signatures | ||||||
2 | of registered voters in
the jurisdiction of the election | ||||||
3 | authority. The extension shall be for a
period of hours | ||||||
4 | sufficient to allow adequate opportunity for examination of
the | ||||||
5 | records but the election authority is not required to extend | ||||||
6 | its hours
beyond the period beginning at its normal opening for | ||||||
7 | business and ending
at midnight. If the business hours are so | ||||||
8 | extended, the election authority
shall post a public notice of | ||||||
9 | such extended hours. Registration record cards
may also be | ||||||
10 | inspected, upon approval of the officer in charge of the cards,
| ||||||
11 | during the 27 days immediately preceding any election. | ||||||
12 | Registration
record
cards shall also be open to inspection by | ||||||
13 | certified judges and poll watchers
and challengers at the | ||||||
14 | polling place on election day, but only to the extent
necessary | ||||||
15 | to determine the question of the right of a person to vote or | ||||||
16 | to
serve as a judge of election. At no time shall poll watchers | ||||||
17 | or challengers be
allowed to physically handle the registration | ||||||
18 | record cards.
| ||||||
19 | Updated copies of computer tapes or computer discs or other | ||||||
20 | electronic data
processing information containing voter | ||||||
21 | registration information shall
be furnished by the county clerk | ||||||
22 | within 10 days after December 15 and
May
15 each year and | ||||||
23 | within 10 days after each registration
period is closed to the | ||||||
24 | State Board of Elections in a form
prescribed by the
Board. For | ||||||
25 | the purposes of this Section, a registration period is closed | ||||||
26 | 27
days before the date of any regular or special election. |
| |||||||
| |||||||
1 | Registration
information
shall include, but not be limited to, | ||||||
2 | the
following information: name, sex, residence, telephone | ||||||
3 | number, if any, age,
party affiliation, if applicable, | ||||||
4 | precinct, ward, township, county, and
representative, | ||||||
5 | legislative and congressional districts. In the event of
| ||||||
6 | noncompliance, the State Board of Elections is directed to | ||||||
7 | obtain compliance
forthwith with this nondiscretionary duty of | ||||||
8 | the election authority by
instituting legal proceedings in the | ||||||
9 | circuit court of the county in which the
election authority | ||||||
10 | maintains the registration information. The costs of
| ||||||
11 | furnishing updated copies of tapes or discs shall be paid at a | ||||||
12 | rate of $.00034
per name of registered voters in the election | ||||||
13 | jurisdiction, but not less than
$50 per tape or disc and shall | ||||||
14 | be paid from appropriations made to the State
Board of | ||||||
15 | Elections for reimbursement to the election authority for such
| ||||||
16 | purpose. The State Board shall furnish copies of such tapes, | ||||||
17 | discs, other electronic
data or compilations thereof to state | ||||||
18 | political committees registered pursuant
to the Illinois | ||||||
19 | Campaign Finance Act or the Federal Election Campaign Act and | ||||||
20 | to governmental entities, at
their request and at a reasonable | ||||||
21 | cost.
To protect the privacy and confidentiality of voter | ||||||
22 | registration information,
the disclosure
of electronic voter | ||||||
23 | registration records to any person or entity other than to a
| ||||||
24 | State or local political
committee and other than to a | ||||||
25 | governmental entity for a governmental
purpose
is specifically | ||||||
26 | prohibited except as follows: subject to security measures |
| |||||||
| |||||||
1 | adopted by the State Board of Elections which, at a minimum, | ||||||
2 | shall include the keeping of a catalog or database, available | ||||||
3 | for public view, including the name, address, and telephone | ||||||
4 | number of the person viewing the list as well as the time of | ||||||
5 | that viewing, any person may view the centralized statewide | ||||||
6 | voter registration list on a computer screen at the Springfield | ||||||
7 | office of the State Board of Elections, during normal business | ||||||
8 | hours other than during the 27 days before an election, but the | ||||||
9 | person viewing the list under this exception may not print, | ||||||
10 | duplicate, transmit, or alter the list.
Copies of the tapes, | ||||||
11 | discs or other
electronic data shall be furnished by the county | ||||||
12 | clerk to local political
committees and governmental entities | ||||||
13 | at their request and at a reasonable cost. Reasonable cost of | ||||||
14 | the
tapes, discs, et cetera for this purpose would be the cost | ||||||
15 | of duplication plus
15% for administration. The individual | ||||||
16 | representing a political committee
requesting copies of such | ||||||
17 | tapes shall make a sworn affidavit that the
information shall | ||||||
18 | be used only for bona fide political purposes,
including by or | ||||||
19 | for candidates for office or incumbent office holders.
Such | ||||||
20 | tapes, discs or other electronic data shall not be used under | ||||||
21 | any
circumstances by any political committee or individuals for | ||||||
22 | purposes of
commercial solicitation or other business | ||||||
23 | purposes. If such tapes
contain information on county residents | ||||||
24 | related to the operations of
county government in addition to | ||||||
25 | registration information, that
information shall not be used | ||||||
26 | under any circumstances for commercial
solicitation or other |
| |||||||
| |||||||
1 | business purposes. The prohibition in this
Section against | ||||||
2 | using the computer tapes or computer discs or other
electronic | ||||||
3 | data processing information containing voter registration
| ||||||
4 | information for purposes of commercial solicitation or other | ||||||
5 | business
purposes shall be prospective only from the effective | ||||||
6 | date of this
amended Act of 1979. Any person who violates this | ||||||
7 | provision shall be
guilty of a Class 4 felony.
| ||||||
8 | The State Board of Elections shall promulgate, by October | ||||||
9 | 1, 1987, such
regulations as may be necessary to ensure | ||||||
10 | uniformity throughout the State
in electronic data processing | ||||||
11 | of voter registration information. The
regulations shall | ||||||
12 | include, but need not be limited to, specifications for
uniform | ||||||
13 | medium, communications protocol and file structure to be | ||||||
14 | employed
by the election authorities of this State in the | ||||||
15 | electronic data processing
of voter registration information. | ||||||
16 | Each election authority utilizing
electronic data processing | ||||||
17 | of voter registration information shall comply
with such | ||||||
18 | regulations on and after May 15, 1988.
| ||||||
19 | If the applicant for registration was last registered in | ||||||
20 | another
county within this State, he shall also sign a | ||||||
21 | certificate authorizing
cancellation of the former | ||||||
22 | registration. The certificate shall be in
substantially the | ||||||
23 | following form:
| ||||||
24 | To the County Clerk of .... County, Illinois. To the Election
| ||||||
25 | Commission of the City of ...., Illinois.
| ||||||
26 | This is to certify that I am registered in your (county) |
| |||||||
| |||||||
1 | (city) and
that my residence was .....
| ||||||
2 | Having moved out of your (county) (city), I hereby | ||||||
3 | authorize you to
cancel said registration in your office.
| ||||||
4 | Dated at .... Illinois, on (insert date).
| ||||||
5 | ....................
| ||||||
6 | (Signature of Voter)
| ||||||
7 | Attest ......, County Clerk, ........ County, Illinois.
| ||||||
8 | The cancellation certificate shall be mailed immediately | ||||||
9 | by the
county clerk to the county clerk (or election commission | ||||||
10 | as the case may
be) where the applicant was formerly | ||||||
11 | registered. Receipt of such
certificate shall be full authority | ||||||
12 | for cancellation of any previous
registration.
| ||||||
13 | (Source: P.A. 98-115, eff. 10-1-13.)
| ||||||
14 | (10 ILCS 5/5-28) (from Ch. 46, par. 5-28)
| ||||||
15 | Sec. 5-28.
The original registration record cards shall | ||||||
16 | remain permanently in
the office of the county clerk or | ||||||
17 | election authority except as destroyed as provided in
Section | ||||||
18 | 5-6; shall be filed alphabetically without regard to precincts;
| ||||||
19 | and shall be known as the master file. The master file may be | ||||||
20 | kept in a computer-based voter registration file or paper | ||||||
21 | format, provided a secondary digital back-up is kept off site. | ||||||
22 | The digital file shall be searchable and remain current with | ||||||
23 | all registration activity conducted by the county clerk or | ||||||
24 | election authority. The duplicate registration record
cards | ||||||
25 | shall constitute the official registry of voters for all |
| |||||||
| |||||||
1 | elections
and shall be filed by precincts and
townships. The | ||||||
2 | duplicate cards for use in conducting
elections shall be | ||||||
3 | delivered to the judges of election by the county
clerk in a | ||||||
4 | suitable binder or other device, which shall be locked and
| ||||||
5 | sealed in accordance with the directions to be given by the | ||||||
6 | county clerk
and shall also be suitably indexed for convenient | ||||||
7 | use by the precinct
officers. The precinct files shall be | ||||||
8 | delivered to the judges of
election for use at the polls for | ||||||
9 | elections at the same
time as the official ballots are | ||||||
10 | delivered to them, and shall be
returned to the county clerk by | ||||||
11 | the judges of election within the time
provided for the return | ||||||
12 | of the official ballots. The county clerk shall
determine the | ||||||
13 | manner of return and delivery of such file.
| ||||||
14 | (Source: P.A. 80-1469 .)
| ||||||
15 | (10 ILCS 5/5-43)
| ||||||
16 | Sec. 5-43. Computerization of voter records.
| ||||||
17 | (a) The State Board of Elections shall design a | ||||||
18 | registration record card
that, except as otherwise provided in | ||||||
19 | this Section, shall be used in duplicate
by all election | ||||||
20 | authorities in the State adopting a computer-based voter
| ||||||
21 | registration file as provided in this Section. The Board shall | ||||||
22 | prescribe the
form
and specifications, including but not | ||||||
23 | limited to the weight of paper, color,
and print of the cards. | ||||||
24 | The cards shall contain boxes or spaces for the
information | ||||||
25 | required under Sections 5-7 and 5-28.1; provided that
the cards |
| |||||||
| |||||||
1 | shall also contain: (i) A space for the person to fill in his | ||||||
2 | or
her Illinois driver's license number if the person has a | ||||||
3 | driver's license; (ii)
A space for a person without a driver's | ||||||
4 | license to fill in the last four digits
of his or her social | ||||||
5 | security number if the person has a social security
number.
| ||||||
6 | (b) The election authority may develop and implement a | ||||||
7 | system to
prepare,
use, and maintain a computer-based voter | ||||||
8 | registration file that includes a
computer-stored image of the | ||||||
9 | signature of each voter. The computer-based voter
registration | ||||||
10 | file may be used for all purposes for which the original
| ||||||
11 | registration cards are to be used , provided that a system for | ||||||
12 | the storage of at
least one copy of the original registration | ||||||
13 | cards remains in effect . In the case of voter registration | ||||||
14 | forms received via an online voter registration system, the | ||||||
15 | original registration cards will include the signature | ||||||
16 | received from the Secretary of State database. The
electronic | ||||||
17 | file shall be the master file.
| ||||||
18 | (b-2) The election authority may develop and implement a | ||||||
19 | system to maintain registration cards in digital form using | ||||||
20 | digitized signatures, which may be stored in a computer-based | ||||||
21 | voter registration file under subsection (b) of this Section. | ||||||
22 | The making and signing of any form, including an application to | ||||||
23 | register and a certificate authorizing cancellation of a | ||||||
24 | registration or authorizing a transfer of registration may be | ||||||
25 | by a signature written in ink or by a digitized signature. | ||||||
26 | (c) Any system created, used, and maintained under |
| |||||||
| |||||||
1 | subsection
(b) of this
Section shall meet the following | ||||||
2 | standards:
| ||||||
3 | (1) Access to any computer-based voter registration | ||||||
4 | file shall be limited
to those persons authorized by the | ||||||
5 | election authority, and each access to the
computer-based | ||||||
6 | voter registration file, other than an access solely for
| ||||||
7 | inquiry, shall be recorded.
| ||||||
8 | (2) No copy, summary, list, abstract, or index of any | ||||||
9 | computer-based voter
registration file that includes any | ||||||
10 | computer-stored image of the signature of
any registered | ||||||
11 | voter shall be made available to the public outside of the
| ||||||
12 | offices of the election authority.
| ||||||
13 | (3) Any copy, summary, list, abstract, or index of any | ||||||
14 | computer-based
voter
registration file that includes a | ||||||
15 | computer-stored image of the signature of a
registered | ||||||
16 | voter shall be produced in such a manner that it cannot be
| ||||||
17 | reproduced.
| ||||||
18 | (4) Each person desiring to vote shall sign an | ||||||
19 | application for a ballot,
and the signature comparison | ||||||
20 | authorized in Articles 17 and 18 of this Code may
be made | ||||||
21 | to a copy of the computer-stored image of the signature of | ||||||
22 | the
registered voter.
| ||||||
23 | (5) Any voter list produced from a computer-based voter | ||||||
24 | registration file
that includes computer-stored images of | ||||||
25 | the signatures of registered voters and
is used in a | ||||||
26 | polling place during an election shall be preserved by the
|
| |||||||
| |||||||
1 | election authority in secure storage until the end of the | ||||||
2 | second calendar year
following the election in which it was | ||||||
3 | used.
| ||||||
4 | (d) Before the first election in which the election | ||||||
5 | authority
elects to use
a voter list produced from the | ||||||
6 | computer-stored images of the signatures of
registered voters | ||||||
7 | in a computer-based voter registration file for signature
| ||||||
8 | comparison in a polling place, the State Board of Elections | ||||||
9 | shall certify that
the system used by the election authority | ||||||
10 | complies with the standards set forth
in this Section. The | ||||||
11 | State Board of Elections may request a sample poll list
| ||||||
12 | intended to be used in a polling place to test the accuracy of | ||||||
13 | the list and the
adequacy of the computer-stored images of the | ||||||
14 | signatures of the registered
voters.
| ||||||
15 | (e) With respect to a jurisdiction that has copied all of | ||||||
16 | its
voter
signatures into a computer-based registration file, | ||||||
17 | all references in this Act
or any other Act to the use, other | ||||||
18 | than storage, of paper-based voter
registration records shall | ||||||
19 | be deemed to refer to their computer-based
equivalents.
| ||||||
20 | (f) Nothing in this Section prevents an election authority | ||||||
21 | from
submitting to the State Board of Elections a duplicate | ||||||
22 | copy of some, as the
State Board of Elections shall determine, | ||||||
23 | or all of the data contained in each
voter registration record | ||||||
24 | that is part of the electronic master file. The
duplicate copy | ||||||
25 | of the registration record shall be maintained by the State
| ||||||
26 | Board of Elections under the same terms and limitations |
| |||||||
| |||||||
1 | applicable to the
election authority and shall be of equal | ||||||
2 | legal dignity with the original
registration record maintained | ||||||
3 | by the election authority as proof of any fact
contained in the | ||||||
4 | voter registration record.
| ||||||
5 | (Source: P.A. 98-115, eff. 7-29-13.)
| ||||||
6 | (10 ILCS 5/6-35) (from Ch. 46, par. 6-35)
| ||||||
7 | Sec. 6-35. The Boards of Election Commissioners shall | ||||||
8 | provide a
sufficient number of blank forms for the registration | ||||||
9 | of electors which
shall be known as registration record cards | ||||||
10 | and which shall consist of
loose leaf sheets or cards, of | ||||||
11 | suitable size to contain in plain writing
and figures the data | ||||||
12 | hereinafter required thereon or shall consist of computer
cards | ||||||
13 | of suitable nature to contain the data required thereon. The | ||||||
14 | registration
record cards, which shall include an affidavit of | ||||||
15 | registration as
hereinafter provided, shall be executed in | ||||||
16 | duplicate. The duplicate of
which may be a carbon copy of the | ||||||
17 | original or a copy of the original
made by the use of other | ||||||
18 | method or material used for making simultaneous
true copies or | ||||||
19 | duplications.
| ||||||
20 | The registration record card shall contain the following | ||||||
21 | and such
other information as the Board of Election | ||||||
22 | Commissioners may think it
proper to require for the | ||||||
23 | identification of the applicant for
registration:
| ||||||
24 | Name. The name of the applicant, giving surname and first | ||||||
25 | or
Christian name in full, and the middle name or the initial |
| |||||||
| |||||||
1 | for such
middle name, if any.
| ||||||
2 | Sex.
| ||||||
3 | Residence. The name and number of the street, avenue, or | ||||||
4 | other
location of the dwelling, including the apartment, unit | ||||||
5 | or room number,
if any, and in the case of a mobile home the lot | ||||||
6 | number, and such additional
clear and definite description as | ||||||
7 | may be necessary to determine the exact
location of the | ||||||
8 | dwelling of the applicant, including post-office mailing
| ||||||
9 | address. In the case of a homeless individual, the individual's | ||||||
10 | voting
residence that is his or her mailing address shall be | ||||||
11 | included on his or her
registration record card.
| ||||||
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 | Date of application for registration, i.e., the day, month | ||||||
20 | and year
when the applicant presented himself for registration.
| ||||||
21 | Age. Date of birth, by month, day and year.
| ||||||
22 | Physical disability of the applicant, if any, at the time | ||||||
23 | of
registration, which would require assistance in voting.
| ||||||
24 | The county and state in which the applicant was last | ||||||
25 | registered.
| ||||||
26 | Electronic mail address, if any. |
| |||||||
| |||||||
1 | Signature of voter. The applicant, after registration and | ||||||
2 | in the
presence of a deputy registrar or other officer of | ||||||
3 | registration shall be
required to sign his or her name in ink | ||||||
4 | or digitized form to the affidavit on both the
original and the | ||||||
5 | duplicate registration record card.
| ||||||
6 | Signature of deputy registrar.
| ||||||
7 | In case applicant is unable to sign his name, he may affix | ||||||
8 | his mark
to the affidavit. In such case the registration | ||||||
9 | officer shall write a
detailed description of the applicant in | ||||||
10 | the space provided at the
bottom of the card or sheet; and | ||||||
11 | shall ask the following questions and
record the answers | ||||||
12 | thereto:
| ||||||
13 | Father's first name .........................
| ||||||
14 | Mother's first name .........................
| ||||||
15 | From what address did you last register? ....
| ||||||
16 | Reason for inability to sign name ...........
| ||||||
17 | Each applicant for registration shall make an affidavit in
| ||||||
18 | substantially the following form:
| ||||||
19 | AFFIDAVIT OF REGISTRATION
| ||||||
20 | State of Illinois )
| ||||||
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 and that I intend that
this location is my |
| |||||||
| |||||||
1 | residence; that I am fully qualified to
vote, and that the | ||||||
2 | above statements are true.
| ||||||
3 | ..............................
| ||||||
4 | (His or her signature or mark)
| ||||||
5 | Subscribed and sworn to before me on (insert date).
| ||||||
6 | ......................................
| ||||||
7 | Signature of registration officer
| ||||||
8 | (to be signed in presence of registrant).
| ||||||
9 | Space shall be provided upon the face of each registration | ||||||
10 | record
card for the notation of the voting record of the person | ||||||
11 | registered
thereon.
| ||||||
12 | Each registration record card shall be numbered according | ||||||
13 | to wards or
precincts, as the case may be, and may be serially | ||||||
14 | or otherwise marked
for identification in such manner as the | ||||||
15 | Board of Election Commissioners
may determine.
| ||||||
16 | The registration cards shall be deemed public records and | ||||||
17 | shall be
open to inspection during regular business hours, | ||||||
18 | except during the 27
days immediately preceding any election. | ||||||
19 | On written request of any
candidate or objector or any person | ||||||
20 | intending to object to a petition, the
election authority shall | ||||||
21 | extend its hours for inspection of registration
cards and other | ||||||
22 | records of the election authority during the period
beginning | ||||||
23 | with the filing of petitions under Sections 7-10, 8-8, 10-6 or
| ||||||
24 | 28-3 and continuing through the termination of electoral board | ||||||
25 | hearings on
any objections to petitions containing signatures | ||||||
26 | of registered voters in
the jurisdiction of the election |
| |||||||
| |||||||
1 | authority. The extension shall be for a
period of hours | ||||||
2 | sufficient to allow adequate opportunity for examination of
the | ||||||
3 | records but the election authority is not required to extend | ||||||
4 | its hours
beyond the period beginning at its normal opening for | ||||||
5 | business and ending
at midnight. If the business hours are so | ||||||
6 | extended, the election authority
shall post a public notice of | ||||||
7 | such extended hours. Registration record cards
may also be | ||||||
8 | inspected, upon approval of the officer in charge of the cards,
| ||||||
9 | during the 27 days immediately preceding any election. | ||||||
10 | Registration
record
cards shall also be open to inspection by | ||||||
11 | certified judges and poll watchers
and challengers at the | ||||||
12 | polling place on election day, but only to the extent
necessary | ||||||
13 | to determine the question of the right of a person to vote or | ||||||
14 | to
serve as a judge of election. At no time shall poll watchers | ||||||
15 | or challengers be
allowed to physically handle the registration | ||||||
16 | record cards.
| ||||||
17 | Updated copies of computer tapes or computer discs or other | ||||||
18 | electronic data
processing information containing voter | ||||||
19 | registration information shall
be furnished by the Board of | ||||||
20 | Election Commissioners within 10 days after
December 15 and May | ||||||
21 | 15 each year and within 10
days after each registration period | ||||||
22 | is closed to the State Board
of Elections in a
form prescribed | ||||||
23 | by the State Board. For the purposes of this Section, a
| ||||||
24 | registration period is closed 27 days before the date of any | ||||||
25 | regular
or special
election. Registration information shall
| ||||||
26 | include, but not be limited to, the following information: |
| |||||||
| |||||||
1 | name, sex,
residence, telephone number, if any, age, party | ||||||
2 | affiliation, if
applicable, precinct, ward, township, county, | ||||||
3 | and representative,
legislative and congressional districts. | ||||||
4 | In the event of noncompliance,
the State Board of Elections is | ||||||
5 | directed to obtain compliance forthwith
with this | ||||||
6 | nondiscretionary duty of the election authority by instituting
| ||||||
7 | legal proceedings in the circuit court of the county in which | ||||||
8 | the election
authority maintains the registration information. | ||||||
9 | The costs of furnishing
updated copies of tapes or discs shall | ||||||
10 | be paid at a rate of $.00034
per name of registered voters in | ||||||
11 | the election jurisdiction, but not less
than $50 per tape or | ||||||
12 | disc and shall be paid from appropriations made to the
State | ||||||
13 | Board of Elections for reimbursement to the election authority | ||||||
14 | for
such purpose. The State Board shall furnish copies of such | ||||||
15 | tapes, discs,
other electronic data or compilations thereof to | ||||||
16 | state political committees
registered pursuant to the Illinois | ||||||
17 | Campaign Finance Act or the Federal
Election Campaign Act and | ||||||
18 | to governmental entities, at their request and at a reasonable | ||||||
19 | cost.
To protect the privacy and confidentiality of voter | ||||||
20 | registration information,
the disclosure
of electronic voter | ||||||
21 | registration records to any person or entity other than to a
| ||||||
22 | State or local political
committee and other than to a | ||||||
23 | governmental entity for a governmental
purpose is specifically | ||||||
24 | prohibited except as follows: subject to security measures | ||||||
25 | adopted by the State Board of Elections which, at a minimum, | ||||||
26 | shall include the keeping of a catalog or database, available |
| |||||||
| |||||||
1 | for public view, including the name, address, and telephone | ||||||
2 | number of the person viewing the list as well as the time of | ||||||
3 | that viewing, any person may view the centralized statewide | ||||||
4 | voter registration list on a computer screen at the Springfield | ||||||
5 | office of the State Board of Elections, during normal business | ||||||
6 | hours other than during the 27 days before an election, but the | ||||||
7 | person viewing the list under this exception may not print, | ||||||
8 | duplicate, transmit, or alter the list.
Copies of the
tapes, | ||||||
9 | discs or other electronic data shall be furnished by the Board | ||||||
10 | of
Election Commissioners to local political committees and | ||||||
11 | governmental entities at their request and at a
reasonable | ||||||
12 | cost. Reasonable cost of the tapes, discs, et cetera for
this | ||||||
13 | purpose would be the cost of duplication plus 15% for
| ||||||
14 | administration. The individual representing a political | ||||||
15 | committee
requesting copies of such tapes shall make a sworn | ||||||
16 | affidavit that the
information shall be used only for bona fide | ||||||
17 | political purposes,
including by or for candidates for office | ||||||
18 | or incumbent office holders.
Such tapes, discs or other | ||||||
19 | electronic data shall not be used under any
circumstances by | ||||||
20 | any political committee or individuals for purposes of
| ||||||
21 | commercial solicitation or other business purposes. If such | ||||||
22 | tapes
contain information on county residents related to the | ||||||
23 | operations of
county government in addition to registration | ||||||
24 | information, that
information shall not be used under any | ||||||
25 | circumstances for commercial
solicitation or other business | ||||||
26 | purposes. The prohibition in this
Section against using the |
| |||||||
| |||||||
1 | computer tapes or computer discs or other
electronic data | ||||||
2 | processing information containing voter registration
| ||||||
3 | information for purposes of commercial solicitation or other | ||||||
4 | business
purposes shall be prospective only from the effective | ||||||
5 | date of this
amended Act of 1979. Any person who violates this | ||||||
6 | provision shall be
guilty of a Class 4 felony.
| ||||||
7 | The State Board of Elections shall promulgate, by October | ||||||
8 | 1, 1987, such
regulations as may be necessary to ensure | ||||||
9 | uniformity throughout the State
in electronic data processing | ||||||
10 | of voter registration information. The
regulations shall | ||||||
11 | include, but need not be limited to, specifications for
uniform | ||||||
12 | medium, communications protocol and file structure to be | ||||||
13 | employed
by the election authorities of this State in the | ||||||
14 | electronic data processing
of voter registration information. | ||||||
15 | Each election authority utilizing
electronic data processing | ||||||
16 | of voter registration information shall comply
with such | ||||||
17 | regulations on and after May 15, 1988.
| ||||||
18 | If the applicant for registration was last registered in | ||||||
19 | another
county within this State, he shall also sign a | ||||||
20 | certificate authorizing
cancellation of the former | ||||||
21 | registration. The certificate shall be in
substantially the | ||||||
22 | following form:
| ||||||
23 | To the County Clerk of .... County, Illinois.
| ||||||
24 | To the Election Commission of the City of ...., Illinois.
| ||||||
25 | This is to certify that I am registered in your (county) | ||||||
26 | (city) and
that my residence was ..... Having moved out of your |
| |||||||
| |||||||
1 | (county), (city), I
hereby authorize you to cancel that | ||||||
2 | registration in your office.
| ||||||
3 | Dated at ...., Illinois, on (insert date).
| ||||||
4 | ....................
| ||||||
5 | (Signature of Voter)
| ||||||
6 | Attest ...., Clerk, Election Commission of the City of....,
| ||||||
7 | Illinois.
| ||||||
8 | The cancellation certificate shall be mailed immediately | ||||||
9 | by the clerk
of the Election Commission to the county clerk, | ||||||
10 | (or Election Commission
as the case may be) where the applicant | ||||||
11 | was formerly registered. Receipt
of such certificate shall be | ||||||
12 | full authority for cancellation of any
previous registration.
| ||||||
13 | (Source: P.A. 98-115, eff. 10-1-13.)
| ||||||
14 | (10 ILCS 5/6-65) (from Ch. 46, par. 6-65)
| ||||||
15 | Sec. 6-65.
| ||||||
16 | The duplicate registration record cards shall remain | ||||||
17 | permanently in the
office of the Board of Election | ||||||
18 | Commissioners; shall be filed
alphabetically without regard to | ||||||
19 | wards or precincts; and shall be known as
the master file. The | ||||||
20 | master file may be kept in a computer-based voter registration | ||||||
21 | file or paper format, provided a secondary digital back-up is | ||||||
22 | kept off site. The digital file shall be searchable and remain | ||||||
23 | current with all registration activity conducted by the Board | ||||||
24 | of Election Commissioners. The original registration record | ||||||
25 | cards shall constitute
the official precinct registry of |
| |||||||
| |||||||
1 | voters; shall be filed by wards and
precincts; and shall be | ||||||
2 | known as the precinct file. The original cards
shall be | ||||||
3 | delivered to the judges of election by the Board of Election
| ||||||
4 | Commissioners in a suitable binder or other device, which shall | ||||||
5 | be locked
and sealed in accordance with directions to be given | ||||||
6 | by the Board of
Election Commissioners and shall also be | ||||||
7 | suitably indexed for convenient
use by the precinct officers. | ||||||
8 | The precinct files shall be delivered to the
precinct officers | ||||||
9 | for use at the polls, on the day of election and shall be
| ||||||
10 | returned to the Board of Election Commissioners immediately | ||||||
11 | after the close
of the polls. The board shall determine by | ||||||
12 | rules the manner of delivery and
return to such file. At all | ||||||
13 | other times the precinct file shall be retained
at the office | ||||||
14 | of the Board of Election Commissioners except for such use of
| ||||||
15 | it as may be made under this Article with respect to | ||||||
16 | registration not at
the office of the Board of Election | ||||||
17 | Commissioners.
| ||||||
18 | (Source: P.A. 78-934.)
| ||||||
19 | (10 ILCS 5/6-79)
| ||||||
20 | Sec. 6-79. Computerization of voter records.
| ||||||
21 | (a) The State Board of Elections shall design a | ||||||
22 | registration record card
that, except as otherwise provided in | ||||||
23 | this Section, shall be used in duplicate
by all election | ||||||
24 | authorities in the State adopting a computer-based voter
| ||||||
25 | registration file as provided in this Section. The Board shall |
| |||||||
| |||||||
1 | prescribe the
form
and specifications, including but not | ||||||
2 | limited to the weight of paper, color,
and print of the cards. | ||||||
3 | The cards shall contain boxes or spaces for the
information | ||||||
4 | required under Sections 6-31.1 and 6-35; provided
that
the | ||||||
5 | cards shall also contain: (i) A space for the person to fill in | ||||||
6 | his or
her Illinois driver's license number if the person has a | ||||||
7 | driver's license; (ii)
A space for a person without a driver's | ||||||
8 | license to fill in the last four digits
of his or her social | ||||||
9 | security number if the person has a social security
number.
| ||||||
10 | (b) The election authority may develop and implement a | ||||||
11 | system to
prepare,
use, and maintain a computer-based voter | ||||||
12 | registration file that includes a
computer-stored image of the | ||||||
13 | signature of each voter. The computer-based voter
registration | ||||||
14 | file may be used for all purposes for which the original
| ||||||
15 | registration cards are to be used , provided that a system for | ||||||
16 | the storage of at
least one copy of the original registration | ||||||
17 | cards remains in effect .
In the case of voter registration | ||||||
18 | forms received via an online voter registration system, the | ||||||
19 | original registration cards will include the signature | ||||||
20 | received from the Secretary of State database. The electronic | ||||||
21 | file shall be the master file.
| ||||||
22 | (b-2) The election authority may develop and implement a | ||||||
23 | system to maintain registration cards in digital form using | ||||||
24 | digitized signatures, which may be stored in a computer-based | ||||||
25 | voter registration file under subsection (b) of this Section. | ||||||
26 | The making and signing of any form, including an application to |
| |||||||
| |||||||
1 | register and a certificate authorizing cancellation of a | ||||||
2 | registration or authorizing a transfer of registration may be | ||||||
3 | by a signature written in ink or by a digitized signature. | ||||||
4 | (c) Any system created, used, and maintained under | ||||||
5 | subsection
(b) of this
Section shall meet the following | ||||||
6 | standards:
| ||||||
7 | (1) Access to any computer-based voter registration | ||||||
8 | file shall be limited
to those persons authorized by the | ||||||
9 | election authority, and each access to the
computer-based | ||||||
10 | voter registration file, other than an access solely for
| ||||||
11 | inquiry, shall be recorded.
| ||||||
12 | (2) No copy, summary, list, abstract, or index of any | ||||||
13 | computer-based voter
registration file that includes any | ||||||
14 | computer-stored image of the signature of
any registered | ||||||
15 | voter shall be made available to the public outside of the
| ||||||
16 | offices of the election authority.
| ||||||
17 | (3) Any copy, summary, list, abstract, or index of any | ||||||
18 | computer-based
voter
registration file that includes a | ||||||
19 | computer-stored image of the signature of a
registered | ||||||
20 | voter shall be produced in such a manner that it cannot be
| ||||||
21 | reproduced.
| ||||||
22 | (4) Each person desiring to vote shall sign an | ||||||
23 | application for a ballot,
and the signature comparison | ||||||
24 | authorized in Articles 17 and 18 of this Code may
be made | ||||||
25 | to a copy of the computer-stored image of the signature of | ||||||
26 | the
registered voter.
|
| |||||||
| |||||||
1 | (5) Any voter list produced from a computer-based voter | ||||||
2 | registration file
that includes computer-stored images of | ||||||
3 | the signatures of registered voters and
is used in a | ||||||
4 | polling place during an election shall be preserved by the
| ||||||
5 | election authority in secure storage until the end of the | ||||||
6 | second calendar year
following the election in which it was | ||||||
7 | used.
| ||||||
8 | (d) Before the first election in which the election | ||||||
9 | authority
elects to use
a voter list produced from the | ||||||
10 | computer-stored images of the signatures of
registered voters | ||||||
11 | in a computer-based voter registration file for signature
| ||||||
12 | comparison in a polling place, the State Board of Elections | ||||||
13 | shall certify that
the system used by the election authority | ||||||
14 | complies with the standards set forth
in this Section. The | ||||||
15 | State Board of Elections may request a sample poll list
| ||||||
16 | intended to be used in a polling place to test the accuracy of | ||||||
17 | the list and the
adequacy of the computer-stored images of the | ||||||
18 | signatures of the registered
voters.
| ||||||
19 | (e) With respect to a jurisdiction that has copied all of | ||||||
20 | its
voter
signatures into a computer-based registration file, | ||||||
21 | all references in this Act
or any other Act to the use, other | ||||||
22 | than storage, of paper-based voter
registration records shall | ||||||
23 | be deemed to refer to their computer-based
equivalents.
| ||||||
24 | (f) Nothing in this Section prevents an election authority | ||||||
25 | from
submitting to the State Board of Elections a duplicate | ||||||
26 | copy of some, as the
State Board of Elections shall determine, |
| |||||||
| |||||||
1 | or all of the data contained in each
voter registration record | ||||||
2 | that is part of the electronic master file. The
duplicate copy | ||||||
3 | of the registration record shall be maintained by the State
| ||||||
4 | Board of Elections under the same terms and limitations | ||||||
5 | applicable to the
election authority and shall be of equal | ||||||
6 | legal dignity with the original
registration record maintained | ||||||
7 | by the election authority as proof of any fact
contained in the | ||||||
8 | voter registration record.
| ||||||
9 | (Source: P.A. 98-115, eff. 7-29-13.)
| ||||||
10 | (10 ILCS 5/7-9) (from Ch. 46, par. 7-9)
| ||||||
11 | Sec. 7-9. County central committee; county and State | ||||||
12 | conventions.
| ||||||
13 | (a) On the 29th day next succeeding the primary at which
| ||||||
14 | committeemen are elected, the county central committee of each | ||||||
15 | political
party shall meet within the county and proceed to
| ||||||
16 | organize by electing from its own number a chairman and either | ||||||
17 | from its
own number, or otherwise, such other officers as such | ||||||
18 | committee may deem
necessary or expedient. Such meeting of the | ||||||
19 | county central committee
shall be known as the county | ||||||
20 | convention.
| ||||||
21 | The chairman of each county committee shall within 10 days | ||||||
22 | after the
organization, forward to the State Board of | ||||||
23 | Elections, the names and
post office addresses of the officers, | ||||||
24 | precinct committeemen and
representative committeemen elected | ||||||
25 | by his political party.
|
| |||||||
| |||||||
1 | The county convention of each political party shall choose | ||||||
2 | delegates
to the State convention of its party , if the party | ||||||
3 | chooses to hold a State convention ; but in any county having | ||||||
4 | within
its limits any city having a population of 200,000, or | ||||||
5 | over the
delegates from such city shall be chosen by wards, the | ||||||
6 | ward committeemen
from the respective wards choosing the number | ||||||
7 | of delegates to which such
ward is entitled on the basis | ||||||
8 | prescribed in paragraph (e) of this
Section such delegates to | ||||||
9 | be members of the delegation to the State
convention from such | ||||||
10 | county. In all counties containing a population of
2,000,000 or | ||||||
11 | more outside of cities having a population of 200,000 or
more, | ||||||
12 | the delegates from each of the townships or parts of townships | ||||||
13 | as
the case may be shall be chosen by townships or parts of | ||||||
14 | townships as
the case may be, the township committeemen from | ||||||
15 | the respective townships
or parts of townships as the case may | ||||||
16 | be choosing the number of
delegates to which such townships or | ||||||
17 | parts of townships as the case may
be are entitled, on the | ||||||
18 | basis prescribed in paragraph (e) of this
Section such | ||||||
19 | delegates to be members of the delegation to the State
| ||||||
20 | convention from such county.
| ||||||
21 | Each member of the State Central Committee of a political | ||||||
22 | party which
elects its members by Alternative B under paragraph | ||||||
23 | (a) of Section 7-8
shall be a delegate to the State Convention , | ||||||
24 | if the party chooses to hold a State convention , ex officio.
| ||||||
25 | Each member of the State Central Committee of a political | ||||||
26 | party which
elects its members by Alternative B under paragraph |
| |||||||
| |||||||
1 | (a) of Section 7-8 may
appoint 2 delegates to the State | ||||||
2 | Convention , if the party chooses to hold a State convention, | ||||||
3 | who must be residents of the
member's Congressional District.
| ||||||
4 | (b) State conventions may shall be held within 180 days | ||||||
5 | after the
general primary in the year 2000 and every 4 years | ||||||
6 | thereafter. In the year 1998, and every 4 years thereafter,
the | ||||||
7 | chairman of a State central committee may issue a call for a | ||||||
8 | State
convention within 180 days after the general primary.
| ||||||
9 | The State
convention of each political party , if the party | ||||||
10 | chooses to hold a State convention, has power to make
| ||||||
11 | nominations of candidates of its political party for the | ||||||
12 | electors of
President and Vice President of the United States, | ||||||
13 | and to adopt any party
platform, and, to the
extent determined | ||||||
14 | by the State central committee as provided in Section
7-14, to | ||||||
15 | choose and select delegates and alternate delegates at large to
| ||||||
16 | national nominating conventions. The State Central Committee | ||||||
17 | may adopt
rules to provide for and govern the procedures of the | ||||||
18 | State convention.
| ||||||
19 | (c) The chairman and secretary of each State convention , if | ||||||
20 | the party chooses to hold a State convention, shall,
within 2 | ||||||
21 | days thereafter, transmit to the State Board of Elections of
| ||||||
22 | this State a certificate setting forth the names and addresses | ||||||
23 | of all
persons nominated by such State convention for electors | ||||||
24 | of President and
Vice President of the United States, and of | ||||||
25 | any persons selected by the State
convention for
delegates and | ||||||
26 | alternate delegates at large to national nominating
|
| |||||||
| |||||||
1 | conventions; and the names of such candidates so chosen by such | ||||||
2 | State
convention for electors of President and Vice President | ||||||
3 | of the United
States, shall be caused by
the State Board of | ||||||
4 | Elections to be printed upon the official ballot at
the general | ||||||
5 | election, in the manner required by law, and shall be
certified | ||||||
6 | to the various county clerks of the proper counties in the
| ||||||
7 | manner as provided in Section 7-60 of this Article 7 for the | ||||||
8 | certifying
of the names of persons nominated by any party for | ||||||
9 | State offices. If and
as long as this Act prescribes that the | ||||||
10 | names of such electors be not
printed on the ballot, then the | ||||||
11 | names of such electors shall be
certified in such manner as may | ||||||
12 | be prescribed by the parts of this Act
applicable thereto.
| ||||||
13 | (d) Each convention , if the party chooses to hold a State | ||||||
14 | convention, may perform all other functions inherent to such
| ||||||
15 | political organization and not inconsistent with this Article.
| ||||||
16 | (e) At least 33 days before the date of a State convention , | ||||||
17 | if the party chooses to hold a State convention , the chairman | ||||||
18 | of the State central committee of each political
party shall | ||||||
19 | file in the principal office of the State Board of
Elections a | ||||||
20 | call for the State convention. Such call shall state, among
| ||||||
21 | other things, the time and place (designating the building or | ||||||
22 | hall) for
holding the State convention. Such call shall be | ||||||
23 | signed by the chairman
and attested by the secretary of the | ||||||
24 | committee. In such convention each
county shall be entitled to | ||||||
25 | one delegate for each 500 ballots voted by
the primary electors | ||||||
26 | of the party in such county at the primary to be
held next |
| |||||||
| |||||||
1 | after the issuance of such call; and if in such county, less
| ||||||
2 | than 500 ballots are so voted or if the number of ballots so | ||||||
3 | voted is
not exactly a multiple of 500, there shall be one | ||||||
4 | delegate for such
group which is less than 500, or for such | ||||||
5 | group representing the number
of votes over the multiple of | ||||||
6 | 500, which delegate shall have 1/500 of
one vote for each | ||||||
7 | primary vote so represented by him. The call for such
| ||||||
8 | convention shall set forth this paragraph (e) of Section 7-9 in | ||||||
9 | full and
shall direct that the number of delegates to be chosen | ||||||
10 | be calculated in
compliance herewith and that such number of | ||||||
11 | delegates be chosen.
| ||||||
12 | (f) All precinct, township and ward committeemen when | ||||||
13 | elected as
provided in this Section shall serve as though | ||||||
14 | elected at large
irrespective of any changes that may be made | ||||||
15 | in precinct, township or
ward boundaries and the voting | ||||||
16 | strength of each committeeman shall
remain as provided in this | ||||||
17 | Section for the entire time for which he is
elected.
| ||||||
18 | (g) The officers elected at any convention provided for in | ||||||
19 | this
Section shall serve until their successors are elected as | ||||||
20 | provided in
this Act.
| ||||||
21 | (h) A special meeting of any central committee may be | ||||||
22 | called by the
chairman, or by not less than 25% of the members | ||||||
23 | of such committee, by
giving 5 days notice to members of such | ||||||
24 | committee in writing designating
the time and place at which | ||||||
25 | such special meeting is to be held and the
business which it is | ||||||
26 | proposed to present at such special meeting.
|
| |||||||
| |||||||
1 | (i) Except as otherwise provided in this Act, whenever a | ||||||
2 | vacancy
exists in the office of precinct committeeman because | ||||||
3 | no one was elected
to that office or because the precinct | ||||||
4 | committeeman ceases to reside in
the precinct or for any other | ||||||
5 | reason, the chairman of the county
central committee of the | ||||||
6 | appropriate political party may fill the
vacancy in such office | ||||||
7 | by appointment of a qualified resident of the
county and the | ||||||
8 | appointed precinct committeeman shall serve as though
elected; | ||||||
9 | however, no such appointment may be made between the general
| ||||||
10 | primary election and the 30th day after the general primary | ||||||
11 | election.
| ||||||
12 | (j) If the number of Congressional Districts in the State | ||||||
13 | of Illinois
is reduced as a result of reapportionment of | ||||||
14 | Congressional Districts
following a federal decennial census, | ||||||
15 | the State Central Committeemen and
Committeewomen of a | ||||||
16 | political
party which elects its State Central
Committee by | ||||||
17 | either Alternative A or by Alternative B under paragraph (a)
of | ||||||
18 | Section 7-8 who were
previously elected shall continue to serve | ||||||
19 | as if no reapportionment had
occurred until the expiration of | ||||||
20 | their terms.
| ||||||
21 | (Source: P.A. 93-847, eff. 7-30-04.)
| ||||||
22 | (10 ILCS 5/9-3) (from Ch. 46, par. 9-3) | ||||||
23 | Sec. 9-3. Political committee statement of organization. | ||||||
24 | (a) Every political committee shall file with the State | ||||||
25 | Board of Elections a
statement of organization within 10 |
| |||||||
| |||||||
1 | business days of the creation of
such
committee, except any | ||||||
2 | political committee created within the 30 days before
an
| ||||||
3 | election shall file a statement of organization within 2 | ||||||
4 | business days in person, by facsimile transmission, or by | ||||||
5 | electronic mail. Any change in information previously | ||||||
6 | submitted in a statement of organization shall be reported, as | ||||||
7 | required for the original statement of organization by this | ||||||
8 | Section, within 10 days following that change. A
political | ||||||
9 | committee that acts as both a state political
committee and a | ||||||
10 | local political committee shall file a copy of each
statement | ||||||
11 | of organization with the State Board of Elections and the
| ||||||
12 | county clerk.
The Board shall impose a civil penalty of $50 per | ||||||
13 | business day upon political
committees for failing to file or | ||||||
14 | late filing of a statement of organization. Such penalties | ||||||
15 | shall not
exceed $5,000, and shall not exceed $10,000 for | ||||||
16 | statewide office political
committees.
There shall be no fine | ||||||
17 | if the statement is mailed and postmarked at least 72
hours | ||||||
18 | prior to the filing deadline.
| ||||||
19 | In addition to the civil penalties authorized by this | ||||||
20 | Section, the State
Board of Elections or any other political | ||||||
21 | committee may apply to the
circuit court for a temporary | ||||||
22 | restraining
order or a preliminary or permanent injunction | ||||||
23 | against the political committee
to cease the expenditure of | ||||||
24 | funds and to cease operations until the statement
of | ||||||
25 | organization is filed.
| ||||||
26 | For the purpose of this Section,
"statewide office" means |
| |||||||
| |||||||
1 | the Governor, Lieutenant Governor, Secretary of State,
| ||||||
2 | Attorney General, State Treasurer, and State Comptroller.
| ||||||
3 | (b) The statement of organization shall include:
| ||||||
4 | (1) the name
and address of the political committee and | ||||||
5 | the designation required by Section 9-2;
| ||||||
6 | (2) the scope, area of activity, party affiliation, and | ||||||
7 | purposes of the political
committee;
| ||||||
8 | (3) the name, address, and position of each custodian | ||||||
9 | of the
committee's books and accounts;
| ||||||
10 | (4) the name, address, and position of the committee's | ||||||
11 | principal
officers, including the chairman, treasurer, and | ||||||
12 | officers and members of
its finance committee, if any;
| ||||||
13 | (5) the name and address of any sponsoring entity;
| ||||||
14 | (6) a statement of what specific disposition of | ||||||
15 | residual fund will
be made in the event of the dissolution | ||||||
16 | or
termination of the committee;
| ||||||
17 | (7) a listing of all banks or other financial | ||||||
18 | institutions, safety
deposit boxes, and any other | ||||||
19 | repositories or custodians of funds used by
the committee; | ||||||
20 | and
| ||||||
21 | (8) the amount of funds available for campaign | ||||||
22 | expenditures as of
the filing date of the committee's | ||||||
23 | statement of organization.
| ||||||
24 | For purposes of this Section, a "sponsoring entity" is (i) | ||||||
25 | any person,
organization, corporation, or association that | ||||||
26 | contributes
at least 33% of the total funding of the political |
| |||||||
| |||||||
1 | committee or (ii) any person
or other entity that is registered | ||||||
2 | or is required to register under the
Lobbyist Registration Act | ||||||
3 | and contributes at least 33% of the total funding of
the | ||||||
4 | political committee.
| ||||||
5 | (c) Each statement of organization required to be
filed in | ||||||
6 | accordance with this Section shall be verified, dated, and | ||||||
7 | signed
by either the treasurer of the political committee | ||||||
8 | making the statement or
the candidate on whose behalf the | ||||||
9 | statement is made and shall contain
substantially the following | ||||||
10 | verification: | ||||||
11 | "VERIFICATION: | ||||||
12 | I declare that this statement of organization (including | ||||||
13 | any
accompanying schedules and statements) has been examined by | ||||||
14 | me and, to the
best of my knowledge and belief, is a true, | ||||||
15 | correct, and complete statement
of organization as required by | ||||||
16 | Article 9 of the Election Code. I understand
that willfully | ||||||
17 | filing a false or incomplete statement is
subject to a civil | ||||||
18 | penalty of at least $1,001 and up to $5,000. | ||||||
19 | ................ ..........................................
| ||||||
20 | (date of filing) (signature of person making the statement)". | ||||||
21 | (d) The statement of organization for a ballot initiative | ||||||
22 | committee also shall include a verification signed by the | ||||||
23 | chairperson of the committee that (i) the committee is formed | ||||||
24 | for the purpose of supporting or opposing a question of public | ||||||
25 | policy, (ii) all contributions and expenditures of the | ||||||
26 | committee will be used for the purpose described in the |
| |||||||
| |||||||
1 | statement of organization, (iii) the committee may accept | ||||||
2 | unlimited contributions from any source, provided that the | ||||||
3 | ballot initiative committee does not make contributions or | ||||||
4 | expenditures in support of or opposition to a candidate or | ||||||
5 | candidates for nomination for election, election, or | ||||||
6 | retention, and (iv) failure to abide by these requirements | ||||||
7 | shall deem the committee in violation of this Article. | ||||||
8 | (d-5) The statement of organization for an independent | ||||||
9 | expenditure committee also shall include a verification signed | ||||||
10 | by the chairperson of the committee that (i) the committee is | ||||||
11 | formed for the exclusive purpose of making independent | ||||||
12 | expenditures, (ii) all contributions and expenditures of the | ||||||
13 | committee will be used for the purpose described in the | ||||||
14 | statement of organization, (iii) the committee may accept | ||||||
15 | unlimited contributions from any source, provided that the | ||||||
16 | independent expenditure committee does not make contributions | ||||||
17 | to any candidate political committee, political party | ||||||
18 | committee, or political action committee, and (iv) failure to | ||||||
19 | abide by these requirements shall deem the committee in | ||||||
20 | violation of this Article. | ||||||
21 | (e) For purposes of implementing the changes made by this | ||||||
22 | amendatory Act of the 96th General Assembly, every political | ||||||
23 | committee in existence on the effective date of this amendatory | ||||||
24 | Act of the 96th General Assembly shall file the statement | ||||||
25 | required by this Section with the Board by December 31, 2010. | ||||||
26 | (Source: P.A. 96-832, eff. 7-1-10; 97-766, eff. 7-6-12.)
|
| |||||||
| |||||||
1 | (10 ILCS 5/10-6) (from Ch. 46, par. 10-6)
| ||||||
2 | Sec. 10-6. Time and manner of filing. Certificates
of
| ||||||
3 | nomination and nomination papers for the nomination of | ||||||
4 | candidates for
offices to be filled by electors of the entire | ||||||
5 | State, or any district
not entirely within a county, or for | ||||||
6 | congressional, state legislative or
judicial offices, shall be | ||||||
7 | presented to the principal office of the
State Board of | ||||||
8 | Elections not more than 141 nor less than 134
days previous
to | ||||||
9 | the day of election for which the candidates are nominated. The
| ||||||
10 | State Board of Elections shall endorse the certificates of | ||||||
11 | nomination or
nomination papers, as the case may be, and the | ||||||
12 | date and hour of
presentment to it. Except as otherwise | ||||||
13 | provided in this section, all
other certificates for the | ||||||
14 | nomination of candidates shall be filed with
the county clerk | ||||||
15 | of the respective counties not more than 141 but at
least 134 | ||||||
16 | days previous to the day of such election. Certificates of | ||||||
17 | nomination and nomination papers for the nomination of | ||||||
18 | candidates for school district offices to be filled at | ||||||
19 | consolidated elections shall be filed with the county clerk or | ||||||
20 | county board of election commissioners of the county election | ||||||
21 | authority in which the principal office of the school district | ||||||
22 | is located not more than 113 nor less than 106 days before the | ||||||
23 | consolidated election. Certificates
of
nomination and | ||||||
24 | nomination papers for the nomination of candidates for
the | ||||||
25 | other offices of political subdivisions to be filled at regular |
| |||||||
| |||||||
1 | elections
other than the general election shall be filed with | ||||||
2 | the local election
official of such subdivision:
| ||||||
3 | (1) (Blank);
| ||||||
4 | (2) not more than 113 nor less than 106 days prior to | ||||||
5 | the
consolidated
election; or
| ||||||
6 | (3) not more than 113 nor less than 106 days prior to | ||||||
7 | the general
primary in the case of municipal offices to be | ||||||
8 | filled at the general
primary election; or
| ||||||
9 | (4) not more than 99 nor less than 92 days before the
| ||||||
10 | consolidated
primary in the case of municipal offices to be | ||||||
11 | elected on a nonpartisan
basis pursuant to law (including | ||||||
12 | without limitation, those municipal
offices subject to | ||||||
13 | Articles 4 and 5 of the Municipal Code); or
| ||||||
14 | (5) not more than 113 nor less than 106 days before the | ||||||
15 | municipal
primary in even numbered years for such | ||||||
16 | nonpartisan municipal offices
where annual elections are | ||||||
17 | provided; or
| ||||||
18 | (6) in the case of petitions for the office of | ||||||
19 | multi-township assessor,
such petitions shall be filed | ||||||
20 | with the election authority not more than
113 nor less than | ||||||
21 | 106 days before the consolidated election.
| ||||||
22 | However, where a political subdivision's boundaries are | ||||||
23 | co-extensive
with or are entirely within the jurisdiction of a | ||||||
24 | municipal board of
election commissioners, the certificates of | ||||||
25 | nomination and nomination
papers for candidates for such | ||||||
26 | political subdivision offices shall be filed
in the office of |
| |||||||
| |||||||
1 | such Board.
| ||||||
2 | (Source: P.A. 98-691, eff. 7-1-14.)
| ||||||
3 | (10 ILCS 5/19-3) (from Ch. 46, par. 19-3) | ||||||
4 | Sec. 19-3. The
application for vote by mail ballot shall be | ||||||
5 | substantially in the
following form: | ||||||
6 | APPLICATION FOR VOTE BY MAIL BALLOT | ||||||
7 | To be voted at the .... election in the County of .... and | ||||||
8 | State of
Illinois, in the .... precinct of the (1) *township of | ||||||
9 | .... (2) *City of
.... or (3) *.... ward in the City of .... | ||||||
10 | I state that I am a resident of the .... precinct of the | ||||||
11 | (1)
*township of .... (2) *City of .... or (3) *.... ward in | ||||||
12 | the city of
.... residing at .... in such city or town in the | ||||||
13 | county of .... and
State of Illinois; that I have lived at such | ||||||
14 | address for .... month(s)
last past; that I am lawfully | ||||||
15 | entitled to vote in such precinct at the
.... election to be | ||||||
16 | held therein on ....; and that I wish to vote by vote by mail | ||||||
17 | ballot. | ||||||
18 | I hereby make application for an official ballot or ballots | ||||||
19 | to be
voted by me at such election, and I agree that I shall | ||||||
20 | return such ballot or ballots to the
official issuing the same | ||||||
21 | prior to the closing of the polls on the date
of the election | ||||||
22 | or, if returned by mail, postmarked no later than midnight | ||||||
23 | preceding election day, for counting no later than during the | ||||||
24 | period for counting provisional ballots, the last day of which | ||||||
25 | is the 14th day following election day. |
| |||||||
| |||||||
1 | I understand that this application is made for an official | ||||||
2 | vote by mail ballot or ballots to be voted by me at the | ||||||
3 | election specified in this application and that I must submit a | ||||||
4 | separate application for an official vote by mail ballot or | ||||||
5 | ballots to be voted by me at any subsequent election. | ||||||
6 | Under penalties as provided by law pursuant to Section | ||||||
7 | 29-10 of The
Election Code, the undersigned certifies that the | ||||||
8 | statements set forth
in this application are true and correct. | ||||||
9 | .... | ||||||
10 | *fill in either (1), (2) or (3). | ||||||
11 | Post office address to which ballot is mailed: | ||||||
12 | ............... | ||||||
13 | However, if application is made for a primary election | ||||||
14 | ballot, such
application shall require the applicant to | ||||||
15 | designate the name of the political party with which
the | ||||||
16 | applicant is affiliated. | ||||||
17 | If application is made electronically, the applicant shall | ||||||
18 | mark the box associated with the above described statement | ||||||
19 | included as part of the online application certifying that the | ||||||
20 | statements set forth in this application are true and correct, | ||||||
21 | and a signature is not required. | ||||||
22 | Any person may produce, reproduce, distribute, or return to | ||||||
23 | an election authority the application for vote by mail ballot. | ||||||
24 | Upon receipt, the appropriate election authority shall accept | ||||||
25 | and promptly process any application for vote by mail ballot | ||||||
26 | submitted in a form substantially similar to that required by |
| |||||||
| |||||||
1 | this Section, including any substantially similar production | ||||||
2 | or reproduction generated by the applicant. | ||||||
3 | (Source: P.A. 97-766, eff. 7-6-12; 98-115, eff. 7-29-13; | ||||||
4 | 98-1171, eff. 6-1-15 .)
| ||||||
5 | (10 ILCS 5/19-4)
(from Ch. 46, par. 19-4)
| ||||||
6 | Sec. 19-4. Mailing or delivery of ballots; time. | ||||||
7 | Immediately upon
the receipt of such application either by mail | ||||||
8 | or electronic means, not more than 90 days
nor less than 5 days | ||||||
9 | prior to such election, or by personal delivery not
more than | ||||||
10 | 90 days nor less than one day prior to such election, at the
| ||||||
11 | office of such election authority, it shall be the duty of such | ||||||
12 | election
authority to examine the records to ascertain whether | ||||||
13 | or not such
applicant is lawfully entitled to vote as
| ||||||
14 | requested, including a verification of the applicant's | ||||||
15 | signature by comparison with the signature on the official | ||||||
16 | registration record card, and if found so to be entitled to | ||||||
17 | vote, to post within one business day thereafter
the name, | ||||||
18 | street address,
ward and precinct number or township and | ||||||
19 | district number, as the case may be,
of such applicant given on | ||||||
20 | a list, the pages of which are to be numbered
consecutively to | ||||||
21 | be kept by such election authority for such purpose in a
| ||||||
22 | conspicuous, open and public place accessible to the public at | ||||||
23 | the entrance of
the office of such election authority, and in | ||||||
24 | such a manner that such list may
be viewed without necessity of | ||||||
25 | requesting permission therefor. Within one
day after posting |
| |||||||
| |||||||
1 | the name and other information of an applicant for a vote by | ||||||
2 | mail
ballot, the election authority shall transmit by | ||||||
3 | electronic means pursuant to a process established by the State | ||||||
4 | Board of Elections that name and other
posted information to | ||||||
5 | the State Board of Elections, which shall maintain those
names | ||||||
6 | and other information in an electronic format on its website, | ||||||
7 | arranged by
county and accessible to State and local political | ||||||
8 | committees. Within 2
business days after posting a name and | ||||||
9 | other information on the list within
its
office, but no sooner | ||||||
10 | than 40 days before an election, the election authority shall | ||||||
11 | mail,
postage prepaid, or deliver in person in such office an | ||||||
12 | official ballot
or ballots if more than one are to be voted at | ||||||
13 | said election. Mail delivery
of Temporarily Absent Student | ||||||
14 | ballot applications pursuant to Section
19-12.3 shall be by | ||||||
15 | nonforwardable mail. However,
for the consolidated election, | ||||||
16 | vote by mail ballots for certain precincts may
be delivered to | ||||||
17 | applicants not less than 25 days before the election if
so much | ||||||
18 | time is required to have prepared and printed the ballots | ||||||
19 | containing
the names of persons nominated for offices at the | ||||||
20 | consolidated primary.
The election authority shall enclose | ||||||
21 | with each vote by mail ballot or
application written | ||||||
22 | instructions on how voting assistance shall be provided
| ||||||
23 | pursuant to Section 17-14 and a document, written and approved | ||||||
24 | by the State
Board of Elections, informing the vote by mail | ||||||
25 | voter of the required postage for returning the application and | ||||||
26 | ballot, and
enumerating
the circumstances under which a person |
| |||||||
| |||||||
1 | is authorized to vote by vote by mail
ballot pursuant to this | ||||||
2 | Article; such document shall also include a
statement informing | ||||||
3 | the applicant that if he or she falsifies or is
solicited by | ||||||
4 | another to falsify his or her
eligibility to cast a vote by | ||||||
5 | mail ballot, such applicant or other is subject
to
penalties | ||||||
6 | pursuant to Section 29-10 and Section 29-20 of the Election | ||||||
7 | Code.
Each election authority shall maintain a list of the | ||||||
8 | name, street address,
ward and
precinct, or township and | ||||||
9 | district number, as the case may be, of all
applicants who have | ||||||
10 | returned vote by mail ballots to such authority, and the name | ||||||
11 | of such vote by mail voter shall be added to such list
within | ||||||
12 | one business day from receipt of such ballot.
If the vote by | ||||||
13 | mail ballot envelope indicates that the voter was assisted in
| ||||||
14 | casting the ballot, the name of the person so assisting shall | ||||||
15 | be included on
the list. The list, the pages of which are to be | ||||||
16 | numbered consecutively,
shall be kept by each election | ||||||
17 | authority in a conspicuous, open, and public
place accessible | ||||||
18 | to the public at the entrance of the office of the election
| ||||||
19 | authority and in a manner that the list may be viewed without | ||||||
20 | necessity of
requesting permission for viewing.
| ||||||
21 | Each election authority shall maintain a list for each | ||||||
22 | election
of the
voters to whom it has issued vote by mail | ||||||
23 | ballots. The list shall be
maintained for each precinct within | ||||||
24 | the jurisdiction of the election
authority. Prior to the | ||||||
25 | opening of the polls on election day, the
election authority | ||||||
26 | shall deliver to the judges of election in each
precinct the |
| |||||||
| |||||||
1 | list of registered voters in that precinct to whom vote by mail
| ||||||
2 | ballots have been issued by mail.
| ||||||
3 | Each election authority shall maintain a list for each | ||||||
4 | election of
voters to whom it has issued temporarily absent | ||||||
5 | student ballots. The list
shall be maintained for each election | ||||||
6 | jurisdiction within which such voters
temporarily abide. | ||||||
7 | Immediately after the close of the period during which
| ||||||
8 | application may be made by mail or electronic means for vote by | ||||||
9 | mail ballots, each election
authority shall mail to each other | ||||||
10 | election authority within the State a
certified list of all | ||||||
11 | such voters temporarily abiding within the
jurisdiction of the | ||||||
12 | other election authority.
| ||||||
13 | In the event that the return address of an
application for | ||||||
14 | ballot by a physically incapacitated elector
is that of a | ||||||
15 | facility licensed or certified under the Nursing Home Care
Act, | ||||||
16 | the Specialized Mental Health Rehabilitation Act of 2013, the | ||||||
17 | ID/DD Community Care Act, or the MC/DD Act, within the | ||||||
18 | jurisdiction of the election authority, and the applicant
is a | ||||||
19 | registered voter in the precinct in which such facility is | ||||||
20 | located,
the ballots shall be prepared and transmitted to a | ||||||
21 | responsible judge of
election no later than 9 a.m. on the | ||||||
22 | Friday, Saturday, Sunday , or Monday immediately
preceding the | ||||||
23 | election as designated by the election authority under
Section | ||||||
24 | 19-12.2. Such judge shall deliver in person on the designated | ||||||
25 | day
the ballot to the applicant on the premises of the facility | ||||||
26 | from which
application was made. The election authority shall |
| |||||||
| |||||||
1 | by mail notify the
applicant in such facility that the ballot | ||||||
2 | will be delivered by a judge of
election on the designated day.
| ||||||
3 | All applications for vote by mail ballots shall be | ||||||
4 | available at the office
of the election authority for public | ||||||
5 | inspection upon request from the
time of receipt thereof by the | ||||||
6 | election authority until 30 days after the
election, except | ||||||
7 | during the time such applications are kept in the
office of the | ||||||
8 | election authority pursuant to Section 19-7, and except during
| ||||||
9 | the time such applications are in the possession of the judges | ||||||
10 | of election.
| ||||||
11 | (Source: P.A. 98-104, eff. 7-22-13; 98-115, eff. 7-29-13; | ||||||
12 | 98-756, eff. 7-16-14; 98-1171, eff. 6-1-15; 99-180, eff. | ||||||
13 | 7-29-15.)
| ||||||
14 | (10 ILCS 5/19-8) (from Ch. 46, par. 19-8)
| ||||||
15 | Sec. 19-8. Time and place of counting ballots. | ||||||
16 | (a) (Blank.) | ||||||
17 | (b) Each vote by mail voter's ballot returned to an | ||||||
18 | election authority, by any means authorized by this Article, | ||||||
19 | and received by that election authority before the closing of | ||||||
20 | the polls on election day shall be endorsed by the receiving | ||||||
21 | election authority with the day and hour of receipt and may be | ||||||
22 | processed by the election authority beginning on the 15th day | ||||||
23 | before election day it is received by the election authority in | ||||||
24 | the central ballot counting location of the election authority, | ||||||
25 | but the results of the processing may not be counted until the |
| |||||||
| |||||||
1 | day of the election after 7:00 p.m., except as provided in | ||||||
2 | subsections (g) and (g-5).
| ||||||
3 | (c) Each vote by mail voter's ballot that is mailed to an | ||||||
4 | election authority and postmarked no later than election day, | ||||||
5 | but that is received by the election authority after the polls | ||||||
6 | close on election day and before the close of the period for | ||||||
7 | counting provisional ballots cast at that election, shall be | ||||||
8 | endorsed by the receiving authority with the day and hour of | ||||||
9 | receipt and shall be counted at the central ballot counting | ||||||
10 | location of the election authority during the period for | ||||||
11 | counting provisional ballots. | ||||||
12 | Each vote by mail voter's ballot that is mailed to an | ||||||
13 | election authority absent a postmark or a barcode usable with | ||||||
14 | an intelligent mail barcode tracking system , but that is | ||||||
15 | received by the election authority after the polls close on | ||||||
16 | election day and before the close of the period for counting | ||||||
17 | provisional ballots cast at that election, shall be endorsed by | ||||||
18 | the receiving authority with the day and hour of receipt, | ||||||
19 | opened to inspect the date inserted on the certification, and, | ||||||
20 | if the certification date is a date preceding the election day | ||||||
21 | or earlier and the ballot is otherwise found to be valid under | ||||||
22 | the requirements of this Section, counted at the central ballot | ||||||
23 | counting location of the election authority during the period | ||||||
24 | for counting provisional ballots. Absent a date on the | ||||||
25 | certification, the ballot shall not be counted.
| ||||||
26 | If an election authority is using an intelligent mail |
| |||||||
| |||||||
1 | barcode tracking system, a ballot that is mailed to an election | ||||||
2 | authority absent a postmark may be counted if the intelligent | ||||||
3 | mail barcode tracking system verifies the envelope was mailed | ||||||
4 | no later than election day. | ||||||
5 | (d) Special write-in vote by mail voter's blank ballots | ||||||
6 | returned to an election authority, by any means authorized by | ||||||
7 | this Article, and received by the election authority at any | ||||||
8 | time before the closing of the polls on election day shall be | ||||||
9 | endorsed by the receiving election authority with the day and | ||||||
10 | hour of receipt and shall be counted at the central ballot | ||||||
11 | counting location of the election authority during the same | ||||||
12 | period provided for counting vote by mail voters' ballots under | ||||||
13 | subsections (b), (g), and (g-5). Special write-in vote by mail | ||||||
14 | voter's blank ballots that are mailed to an election authority | ||||||
15 | and postmarked no later than election day, but that are | ||||||
16 | received by the election authority after the polls close on | ||||||
17 | election day and before the closing of the period for counting | ||||||
18 | provisional ballots cast at that election, shall be endorsed by | ||||||
19 | the receiving authority with the day and hour of receipt and | ||||||
20 | shall be counted at the central ballot counting location of the | ||||||
21 | election authority during the same periods provided for | ||||||
22 | counting vote by mail voters' ballots under subsection (c). | ||||||
23 | (e) Except as otherwise provided in this Section, vote by | ||||||
24 | mail voters' ballots and special write-in vote by mail voter's | ||||||
25 | blank ballots received by the election authority after the | ||||||
26 | closing of the polls on an
election day shall be endorsed by |
| |||||||
| |||||||
1 | the election authority receiving them
with the day and hour of | ||||||
2 | receipt and shall be safely kept unopened by the
election | ||||||
3 | authority for the period of time required for the preservation | ||||||
4 | of
ballots used at the election, and shall then, without being | ||||||
5 | opened, be
destroyed in like manner as the used ballots of that | ||||||
6 | election.
| ||||||
7 | (f) Counting required under this Section to begin on | ||||||
8 | election day after the closing of the polls shall commence no | ||||||
9 | later than 8:00 p.m. and shall be conducted
by a panel or | ||||||
10 | panels of election judges appointed in the manner provided
by | ||||||
11 | law. The counting shall continue until all vote by mail voters' | ||||||
12 | ballots and special write-in vote by mail voter's blank ballots | ||||||
13 | required to be counted on election day have been counted.
| ||||||
14 | (g) The procedures set forth in Articles 17 and
18 of this | ||||||
15 | Code shall apply to all ballots counted under
this Section. In | ||||||
16 | addition, within 2 days after a vote by mail ballot is | ||||||
17 | received, but in all cases before the close of the period for | ||||||
18 | counting provisional ballots, the election judge or official | ||||||
19 | shall compare the voter's signature on the certification | ||||||
20 | envelope of that vote by mail ballot with the signature of the | ||||||
21 | voter on file in the office of the election authority. If the | ||||||
22 | election judge or official determines that the 2 signatures | ||||||
23 | match, and that the vote by mail voter is otherwise qualified | ||||||
24 | to cast a vote by mail ballot, the election authority shall | ||||||
25 | cast and count the ballot on election day or the day the ballot | ||||||
26 | is determined to be valid, whichever is later, adding the |
| |||||||
| |||||||
1 | results to the precinct in which the voter is registered. If | ||||||
2 | the election judge or official determines that the signatures | ||||||
3 | do not match, or that the vote by mail voter is not qualified | ||||||
4 | to cast a vote by mail ballot, then without opening the | ||||||
5 | certification envelope, the judge or official shall mark across | ||||||
6 | the face of the certification envelope the word "Rejected" and | ||||||
7 | shall not cast or count the ballot. | ||||||
8 | In addition to the voter's signatures not matching, a vote | ||||||
9 | by mail ballot may be rejected by the election judge or | ||||||
10 | official: | ||||||
11 | (1) if the ballot envelope is open or has been opened | ||||||
12 | and resealed; | ||||||
13 | (2) if the voter has already cast an early or grace | ||||||
14 | period ballot; | ||||||
15 | (3) if the voter voted in person on election day or the | ||||||
16 | voter is not a duly registered voter in the precinct; or | ||||||
17 | (4) on any other basis set forth in this Code. | ||||||
18 | If the election judge or official determines that any of | ||||||
19 | these reasons apply, the judge or official shall mark across | ||||||
20 | the face of the certification envelope the word "Rejected" and | ||||||
21 | shall not cast or count the ballot.
| ||||||
22 | (g-5) If a vote by mail ballot is rejected by the election | ||||||
23 | judge or official for any reason, the election authority shall, | ||||||
24 | within 2 days after the rejection but in all cases before the | ||||||
25 | close of the period for counting provisional ballots, notify | ||||||
26 | the vote by mail voter that his or her ballot was rejected. The |
| |||||||
| |||||||
1 | notice shall inform the voter of the reason or reasons the | ||||||
2 | ballot was rejected and shall state that the voter may appear | ||||||
3 | before the election authority, on or before the 14th day after | ||||||
4 | the election, to show cause as to why the ballot should not be | ||||||
5 | rejected. The voter may present evidence to the election | ||||||
6 | authority supporting his or her contention that the ballot | ||||||
7 | should be counted. The election authority shall appoint a panel | ||||||
8 | of 3 election judges to review the contested ballot, | ||||||
9 | application, and certification envelope, as well as any | ||||||
10 | evidence submitted by the vote by mail voter. No more than 2 | ||||||
11 | election judges on the reviewing panel shall be of the same | ||||||
12 | political party. The reviewing panel of election judges shall | ||||||
13 | make a final determination as to the validity of the contested | ||||||
14 | vote by mail ballot. The judges' determination shall not be | ||||||
15 | reviewable either administratively or judicially. | ||||||
16 | A vote by mail ballot subject to this subsection that is | ||||||
17 | determined to be valid shall be counted before the close of the | ||||||
18 | period for counting provisional ballots.
| ||||||
19 | (g-10) All vote by mail ballots determined to be valid | ||||||
20 | shall be added to the vote totals for the precincts for which | ||||||
21 | they were cast in the order in which the ballots were opened.
| ||||||
22 | (h) Each political party, candidate, and qualified civic | ||||||
23 | organization shall be entitled to have present one pollwatcher | ||||||
24 | for each panel of election judges therein assigned.
| ||||||
25 | (Source: P.A. 98-1171, eff. 6-1-15 .)
|
| |||||||
| |||||||
1 | (10 ILCS 5/20-2) (from Ch. 46, par. 20-2)
| ||||||
2 | Sec. 20-2. Any member of the United States Service, | ||||||
3 | otherwise qualified
to vote, who expects in the course of his | ||||||
4 | duties to be absent from the
county in which he resides on the | ||||||
5 | day of holding any election may make
application for a vote by | ||||||
6 | mail ballot to the election authority having
jurisdiction over | ||||||
7 | his precinct of residence on the official postcard or on
a form | ||||||
8 | furnished by the election authority as prescribed by Section | ||||||
9 | 20-3 of
this Article not less than 10 days before the election. | ||||||
10 | A request pursuant
to this Section shall entitle the applicant | ||||||
11 | to a vote by mail ballot for every
election in one calendar | ||||||
12 | year. The original application for ballot shall be
kept in the | ||||||
13 | office of the election authority for one year as authorization
| ||||||
14 | to send a ballot to the voter for each election to be held | ||||||
15 | within that
calendar year. A certified copy of such application | ||||||
16 | for ballot shall be
sent each election with the vote by mail | ||||||
17 | ballot to the election authority's central ballot counting | ||||||
18 | location to be used
in lieu of the original application for | ||||||
19 | ballot. No registration shall be
required in order to vote | ||||||
20 | pursuant to this Section.
| ||||||
21 | Ballots under this Section shall be mailed by the election | ||||||
22 | authority in
the manner prescribed by Section 20-5 of this | ||||||
23 | Article and not otherwise.
Ballots voted under this Section | ||||||
24 | must be returned postmarked no later than midnight preceding | ||||||
25 | election day and received for counting at the central ballot | ||||||
26 | counting location of the election authority during the period |
| |||||||
| |||||||
1 | for counting provisional ballots, the last day of which is the | ||||||
2 | 14th day following election day.
| ||||||
3 | (Source: P.A. 98-1171, eff. 6-1-15 .)
| ||||||
4 | (10 ILCS 5/20-2.1) (from Ch. 46, par. 20-2.1)
| ||||||
5 | Sec. 20-2.1. Citizens of the United States temporarily | ||||||
6 | residing outside
the territorial limits of the United States | ||||||
7 | who are not registered but
otherwise qualified to vote and who | ||||||
8 | expect to be absent from their county
of residence during the | ||||||
9 | periods of voter registration provided for in
Articles 4, 5 or | ||||||
10 | 6 of this Code and on the day of holding any election, may
make | ||||||
11 | simultaneous application to the election authority having | ||||||
12 | jurisdiction
over their precinct of residence for registration | ||||||
13 | by mail and vote by mail
ballot not less than 30 days before | ||||||
14 | the election. Such application may be
made on the official | ||||||
15 | postcard or on a form furnished by the election
authority as | ||||||
16 | prescribed by Section 20-3 of this Article or by facsimile or | ||||||
17 | electronic transmission. A request pursuant
to this Section | ||||||
18 | shall entitle the applicant to a vote by mail ballot for every
| ||||||
19 | election in one calendar year. The original application for | ||||||
20 | ballot shall be
kept in the office of the election authority | ||||||
21 | for one year as authorization
to send a ballot to the voter for | ||||||
22 | each election to be held within that
calendar year. A certified | ||||||
23 | copy of such application for ballot shall be
sent each election | ||||||
24 | with the vote by mail ballot to the election authority's | ||||||
25 | central ballot counting location to be used
in lieu of the |
| |||||||
| |||||||
1 | original application for ballot.
| ||||||
2 | Registration shall be required in order to vote pursuant to | ||||||
3 | this Section.
However, if the election authority receives one | ||||||
4 | of such applications after
30 days but not less than 10 days | ||||||
5 | before a Federal election, said applicant
shall be sent a | ||||||
6 | ballot containing the Federal offices only and registration
for | ||||||
7 | that election shall be waived.
| ||||||
8 | Ballots under this Section shall be delivered by the | ||||||
9 | election authority in
the manner prescribed by Section 20-5 of | ||||||
10 | this Article in person, by mail, or, if requested by the | ||||||
11 | applicant and the election authority has the capability, by | ||||||
12 | facsimile transmission or by electronic transmission.
| ||||||
13 | Ballots voted under this Section must be returned | ||||||
14 | postmarked no later than midnight preceding election day and | ||||||
15 | received for counting at the central ballot counting location | ||||||
16 | of the election authority during the period for counting | ||||||
17 | provisional ballots, the last day of which is the 14th day | ||||||
18 | following election day.
| ||||||
19 | (Source: P.A. 98-1171, eff. 6-1-15 .)
| ||||||
20 | (10 ILCS 5/20-2.2) (from Ch. 46, par. 20-2.2)
| ||||||
21 | Sec. 20-2.2. Any non-resident civilian citizen, otherwise | ||||||
22 | qualified to
vote, may make application to the election | ||||||
23 | authority having jurisdiction
over his precinct of former | ||||||
24 | residence for a vote by mail ballot containing
the Federal | ||||||
25 | offices only not less than 10 days before a Federal election.
|
| |||||||
| |||||||
1 | Such application may be made on the official postcard or by | ||||||
2 | facsimile or electronic transmission. A request
pursuant to | ||||||
3 | this Section shall entitle the applicant to a vote by mail | ||||||
4 | ballot
for every election in one calendar year at which Federal | ||||||
5 | offices are
filled. The original application for ballot shall | ||||||
6 | be kept in the office of
the election authority for one year as | ||||||
7 | authorization to send a ballot to
the voter for each election | ||||||
8 | to be held within that calendar year at which
Federal offices | ||||||
9 | are filled. A certified copy of such application for
ballot | ||||||
10 | shall be sent each election with the vote by mail ballot to the | ||||||
11 | election authority's central ballot counting location to be | ||||||
12 | used in lieu of the original application for ballot.
No | ||||||
13 | registration shall be required in order to vote pursuant to | ||||||
14 | this Section.
Ballots under this Section shall be delivered by | ||||||
15 | the election authority in
the manner prescribed by Section 20-5 | ||||||
16 | of this Article in person, by mail, or, if requested by the | ||||||
17 | applicant and the election authority has the capability, by | ||||||
18 | facsimile transmission or by electronic transmission.
Ballots | ||||||
19 | voted under this Section must be returned postmarked no later | ||||||
20 | than midnight preceding election day and received for counting | ||||||
21 | at the central ballot counting location of the election | ||||||
22 | authority during the period for counting provisional ballots, | ||||||
23 | the last day of which is the 14th day following election day.
| ||||||
24 | (Source: P.A. 98-1171, eff. 6-1-15 .)
| ||||||
25 | (10 ILCS 5/20-2.3) (from Ch. 46, par. 20-2.3)
|
| |||||||
| |||||||
1 | Sec. 20-2.3. Members of the Armed Forces and their spouses | ||||||
2 | and dependents. Any member of the United
States Armed Forces | ||||||
3 | while on active duty, and his or her spouse and dependents, | ||||||
4 | otherwise qualified to vote, who
expects in the course of his | ||||||
5 | or her duties to be absent from the county in
which he or she | ||||||
6 | resides on the day of holding any election, in addition to any
| ||||||
7 | other method of making application for vote by mail ballot | ||||||
8 | under this
Article, may make application for a vote by mail | ||||||
9 | ballot to the election
authority having jurisdiction over his | ||||||
10 | or her precinct of residence by a
facsimile machine or | ||||||
11 | electronic transmission not less than 10 days before
the | ||||||
12 | election.
| ||||||
13 | Ballots under this Section shall be delivered by the | ||||||
14 | election authority in
the manner prescribed by Section 20-5 of | ||||||
15 | this Article in person, by mail, or, if requested by the | ||||||
16 | applicant and the election authority has the capability, by | ||||||
17 | facsimile transmission or by electronic transmission.
Ballots | ||||||
18 | voted under this Section must be returned postmarked no later | ||||||
19 | than midnight preceding election day and received for counting | ||||||
20 | at the central ballot counting location of the election | ||||||
21 | authority during the period for counting provisional ballots, | ||||||
22 | the last day of which is the 14th day following election day.
| ||||||
23 | (Source: P.A. 98-1171, eff. 6-1-15 .)
| ||||||
24 | (10 ILCS 5/20-3) (from Ch. 46, par. 20-3)
| ||||||
25 | Sec. 20-3.
The election authority shall furnish the |
| |||||||
| |||||||
1 | following
applications for registration by mail or vote by mail | ||||||
2 | ballot which shall be
considered a method of application in | ||||||
3 | lieu of the official postcard.
| ||||||
4 | 1. Members of the United States Service, citizens of the | ||||||
5 | United
States temporarily residing outside the territorial | ||||||
6 | limits of the United
States, and certified program participants | ||||||
7 | under the Address Confidentiality
for Victims of Domestic | ||||||
8 | Violence Act may make application within the periods
prescribed | ||||||
9 | in Sections
20-2 or 20-2.1, as the case may be. Such | ||||||
10 | application shall be
substantially in the following form:
| ||||||
11 | "APPLICATION FOR BALLOT
| ||||||
12 | To be voted at the............ election in the precinct in | ||||||
13 | which is
located my residence at..............., in the | ||||||
14 | city/village/township of
............(insert home address) | ||||||
15 | County of........... and State of
Illinois.
| ||||||
16 | I state that I am a citizen of the United States; that on | ||||||
17 | (insert
date of election) I shall have resided in the State of | ||||||
18 | Illinois and in
the election precinct for 30 days; that on the | ||||||
19 | above date I shall be the
age of 18 years or above; that I am | ||||||
20 | lawfully entitled to vote in such
precinct at that election; | ||||||
21 | that I am (check category 1, 2, or 3
below):
| ||||||
22 | 1. ( ) a member of the United States Service,
| ||||||
23 | 2. ( ) a citizen of the United States temporarily residing | ||||||
24 | outside
the territorial limits of the United States and that I | ||||||
25 | expect to be
absent from the said county of my residence on the | ||||||
26 | date of holding such
election, and that I will have no |
| |||||||
| |||||||
1 | opportunity to vote in person on that
day.
| ||||||
2 | 3. ( ) a certified program participant under the Address
| ||||||
3 | Confidentiality for Victims of Domestic Violence Act.
| ||||||
4 | I hereby make application for an official ballot or ballots | ||||||
5 | to be
voted by me at such election if I am absent from the said | ||||||
6 | county of my
residence, and I agree that I shall return said | ||||||
7 | ballot or ballots to the
election authority postmarked no later | ||||||
8 | than midnight preceding election day, for counting no later | ||||||
9 | than during the period for counting provisional ballots, the | ||||||
10 | last day of which is the 14th day following election day or | ||||||
11 | shall destroy said ballot or ballots.
| ||||||
12 | (Check below only if category 2 or 3 and not previously | ||||||
13 | registered)
| ||||||
14 | ( ) I hereby make application to become registered as a | ||||||
15 | voter and
agree to return the forms and affidavits for | ||||||
16 | registration to the
election authority not later than 30 days | ||||||
17 | before the election.
| ||||||
18 | Under penalties as provided by law pursuant to Article 29 | ||||||
19 | of The
Election Code, the undersigned certifies that the | ||||||
20 | statements set forth
in this application are true and correct.
| ||||||
21 | .........................
| ||||||
22 | Post office address or service address to which | ||||||
23 | registration
materials or ballot should be mailed
| ||||||
24 | .........................
| ||||||
25 | .........................
| ||||||
26 | .........................
|
| |||||||
| |||||||
1 | ........................"
| ||||||
2 | If application is made for a primary election ballot, such
| ||||||
3 | application shall designate the name of the political party | ||||||
4 | with which
the applicant is affiliated.
| ||||||
5 | Such applications may be obtained from the election | ||||||
6 | authority having
jurisdiction over the person's precinct of | ||||||
7 | residence.
| ||||||
8 | 2. A spouse or dependent of a member of the United States | ||||||
9 | Service,
said spouse or dependent being a registered voter in | ||||||
10 | the county, may
make application on behalf of said person in | ||||||
11 | the office of the election
authority within the periods | ||||||
12 | prescribed in Section 20-2 which shall be
substantially in the | ||||||
13 | following form:
| ||||||
14 | "APPLICATION FOR BALLOT to be voted at the........... election | ||||||
15 | in
the precinct in which is located the residence of the person | ||||||
16 | for whom
this application is made at.............(insert | ||||||
17 | residence address) in
the city/village/township of......... | ||||||
18 | County of.......... and State
of Illinois.
| ||||||
19 | I certify that the following named person................ | ||||||
20 | (insert
name of person) is a member of the United States | ||||||
21 | Service.
| ||||||
22 | I state that said person is a citizen of the United States; | ||||||
23 | that on
(insert date of election) said person shall have | ||||||
24 | resided in the State of
Illinois and in the election precinct | ||||||
25 | for which this application is made
for 30 days; that on the | ||||||
26 | above date said person shall be the age of 18
years or above; |
| |||||||
| |||||||
1 | that said person is lawfully entitled to vote in such
precinct | ||||||
2 | at that election; that said person is a member of the United
| ||||||
3 | States Service, and that in the course of his duties said | ||||||
4 | person expects
to be absent from his county of residence on the | ||||||
5 | date of holding such
election, and that said person will have | ||||||
6 | no opportunity to vote in
person on that day.
| ||||||
7 | I hereby make application for an official ballot or ballots | ||||||
8 | to be
voted by said person at such election and said person | ||||||
9 | agrees that he
shall return said ballot or ballots to the | ||||||
10 | election authority postmarked no later than midnight preceding | ||||||
11 | election day, for counting no later than during the period for | ||||||
12 | counting provisional ballots, the last day of which is the 14th | ||||||
13 | day following election day, or shall destroy
said ballot or | ||||||
14 | ballots.
| ||||||
15 | I hereby certify that I am the (mother, father, sister, | ||||||
16 | brother,
husband or wife) of the said elector, and that I am a | ||||||
17 | registered voter
in the election precinct for which this | ||||||
18 | application is made. (Strike all
but one that is applicable.)
| ||||||
19 | Under penalties as provided by law pursuant to Article 29 | ||||||
20 | of The
Election Code, the undersigned certifies that the | ||||||
21 | statements set forth
in this application are true and correct.
| ||||||
22 | Name of applicant ......................
| ||||||
23 | Residence address ........................
| ||||||
24 | City/village/township........................
| ||||||
25 | Service address to which ballot should be mailed:
| ||||||
26 | .........................
|
| |||||||
| |||||||
1 | .........................
| ||||||
2 | .........................
| ||||||
3 | ........................"
| ||||||
4 | If application is made for a primary election ballot, such
| ||||||
5 | application shall designate the name of the political party | ||||||
6 | with which
the person for whom application is made is | ||||||
7 | affiliated.
| ||||||
8 | Such applications may be obtained from the election | ||||||
9 | authority having
jurisdiction over the voting precinct in which | ||||||
10 | the person for whom
application is made is entitled to vote.
| ||||||
11 | (Source: P.A. 98-1171, eff. 6-1-15 .)
| ||||||
12 | (10 ILCS 5/20-8) (from Ch. 46, par. 20-8)
| ||||||
13 | Sec. 20-8. Time and place of counting ballots. | ||||||
14 | (a) (Blank.) | ||||||
15 | (b) Each vote by mail voter's ballot returned to an | ||||||
16 | election authority, by any means authorized by this Article, | ||||||
17 | and received by that election authority may be processed by the | ||||||
18 | election authority beginning on the 15th day before election | ||||||
19 | day it is received by the election authority in the central | ||||||
20 | ballot counting location of the election authority, but the | ||||||
21 | results of the processing may not be counted until the day of | ||||||
22 | the election after 7:00 p.m., except as provided in subsections | ||||||
23 | (g) and (g-5).
| ||||||
24 | (c) Each vote by mail voter's ballot that is mailed to an | ||||||
25 | election authority and postmarked no later than election day, |
| |||||||
| |||||||
1 | but that is received by the election authority after the polls | ||||||
2 | close on election day and before the close of the period for | ||||||
3 | counting provisional ballots cast at that election, shall be | ||||||
4 | endorsed by the receiving authority with the day and hour of | ||||||
5 | receipt and shall be counted at the central ballot counting | ||||||
6 | location of the election authority during the period for | ||||||
7 | counting provisional ballots. | ||||||
8 | Each vote by mail voter's ballot that is mailed to an | ||||||
9 | election authority absent a postmark or a barcode usable with | ||||||
10 | an intelligent mail barcode tracking system , but that is | ||||||
11 | received by the election authority after the polls close on | ||||||
12 | election day and before the close of the period for counting | ||||||
13 | provisional ballots cast at that election, shall be endorsed by | ||||||
14 | the receiving authority with the day and hour of receipt, | ||||||
15 | opened to inspect the date inserted on the certification, and, | ||||||
16 | if the certification date is a date preceding the election day | ||||||
17 | or earlier and the ballot is otherwise found to be valid under | ||||||
18 | the requirements of this Section, counted at the central ballot | ||||||
19 | counting location of the election authority during the period | ||||||
20 | for counting provisional ballots. Absent a date on the | ||||||
21 | certification, the ballot shall not be counted.
| ||||||
22 | If an election authority is using an intelligent mail | ||||||
23 | barcode tracking system, a ballot that is mailed to an election | ||||||
24 | authority absent a postmark may be counted if the intelligent | ||||||
25 | mail barcode tracking system verifies the envelope was mailed | ||||||
26 | no later than election day. |
| |||||||
| |||||||
1 | (d) Special write-in vote by mail voter's blank ballots | ||||||
2 | returned to an election authority, by any means authorized by | ||||||
3 | this Article, and received by the election authority at any | ||||||
4 | time before the closing of the polls on election day shall be | ||||||
5 | endorsed by the receiving election authority with the day and | ||||||
6 | hour of receipt and shall be counted at the central ballot | ||||||
7 | counting location of the election authority during the same | ||||||
8 | period provided for counting vote by mail voters' ballots under | ||||||
9 | subsections (b), (g), and (g-5). Special write-in vote by mail | ||||||
10 | voter's blank ballot that are mailed to an election authority | ||||||
11 | and postmarked no later than by midnight preceding the opening | ||||||
12 | of the polls on election day, but that are received by the | ||||||
13 | election authority after the polls close on election day and | ||||||
14 | before the closing of the period for counting provisional | ||||||
15 | ballots cast at that election, shall be endorsed by the | ||||||
16 | receiving authority with the day and hour of receipt and shall | ||||||
17 | be counted at the central ballot counting location of the | ||||||
18 | election authority during the same periods provided for | ||||||
19 | counting vote by mail voters' ballots under subsection (c).
| ||||||
20 | (e) Except as otherwise provided in this Section, vote by | ||||||
21 | mail voters' ballots and special write-in vote by mail voter's | ||||||
22 | blank ballots received by the election authority after the | ||||||
23 | closing of the polls on the day of election shall be
endorsed | ||||||
24 | by the person receiving the ballots with the day and hour of
| ||||||
25 | receipt and shall be safely kept unopened by the election | ||||||
26 | authority for
the period of time required for the preservation |
| |||||||
| |||||||
1 | of ballots used at the
election, and shall then, without being | ||||||
2 | opened, be destroyed in like
manner as the used ballots of that | ||||||
3 | election.
| ||||||
4 | (f) Counting required under this Section to begin on | ||||||
5 | election day after the closing of the polls shall commence no | ||||||
6 | later than 8:00 p.m. and shall be conducted
by a panel or | ||||||
7 | panels of election judges appointed in the manner provided
by | ||||||
8 | law. The counting shall continue until all vote by mail voters' | ||||||
9 | ballots and special write-in vote by mail voter's blank ballots | ||||||
10 | required to be counted on election day have been counted.
| ||||||
11 | (g) The procedures set forth in Articles 17 and
18 of this | ||||||
12 | Code shall apply to all ballots counted under
this Section. In | ||||||
13 | addition, within 2 days after a ballot subject to this Article | ||||||
14 | is received, but in all cases before the close of the period | ||||||
15 | for counting provisional ballots, the election judge or | ||||||
16 | official shall compare the voter's signature on the | ||||||
17 | certification envelope of that ballot with the signature of the | ||||||
18 | voter on file in the office of the election authority. If the | ||||||
19 | election judge or official determines that the 2 signatures | ||||||
20 | match, and that the voter is otherwise qualified to cast a | ||||||
21 | ballot under this Article, the election authority shall cast | ||||||
22 | and count the ballot on election day or the day the ballot is | ||||||
23 | determined to be valid, whichever is later, adding the results | ||||||
24 | to the precinct in which the voter is registered. If the | ||||||
25 | election judge or official determines that the signatures do | ||||||
26 | not match, or that the voter is not qualified to cast a ballot |
| |||||||
| |||||||
1 | under this Article, then without opening the certification | ||||||
2 | envelope, the judge or official shall mark across the face of | ||||||
3 | the certification envelope the word "Rejected" and shall not | ||||||
4 | cast or count the ballot. | ||||||
5 | In addition to the voter's signatures not matching, a | ||||||
6 | ballot subject to this Article may be rejected by the election | ||||||
7 | judge or official: | ||||||
8 | (1) if the ballot envelope is open or has been opened | ||||||
9 | and resealed; | ||||||
10 | (2) if the voter has already cast an early or grace | ||||||
11 | period ballot; | ||||||
12 | (3) if the voter voted in person on election day or the | ||||||
13 | voter is not a duly registered voter in the precinct; or | ||||||
14 | (4) on any other basis set forth in this Code. | ||||||
15 | If the election judge or official determines that any of | ||||||
16 | these reasons apply, the judge or official shall mark across | ||||||
17 | the face of the certification envelope the word "Rejected" and | ||||||
18 | shall not cast or count the ballot. | ||||||
19 | (g-5) If a ballot subject to this Article is rejected by | ||||||
20 | the election judge or official for any reason, the election | ||||||
21 | authority shall, within 2 days after the rejection but in all | ||||||
22 | cases before the close of the period for counting provisional | ||||||
23 | ballots, notify the voter that his or her ballot was rejected. | ||||||
24 | The notice shall inform the voter of the reason or reasons the | ||||||
25 | ballot was rejected and shall state that the voter may appear | ||||||
26 | before the election authority, on or before the 14th day after |
| |||||||
| |||||||
1 | the election, to show cause as to why the ballot should not be | ||||||
2 | rejected. The voter may present evidence to the election | ||||||
3 | authority supporting his or her contention that the ballot | ||||||
4 | should be counted. The election authority shall appoint a panel | ||||||
5 | of 3 election judges to review the contested ballot, | ||||||
6 | application, and certification envelope, as well as any | ||||||
7 | evidence submitted by the vote by mail voter. No more than 2 | ||||||
8 | election judges on the reviewing panel shall be of the same | ||||||
9 | political party. The reviewing panel of election judges shall | ||||||
10 | make a final determination as to the validity of the contested | ||||||
11 | ballot. The judges' determination shall not be reviewable | ||||||
12 | either administratively or judicially. | ||||||
13 | A ballot subject to this subsection that is determined to | ||||||
14 | be valid shall be counted before the close of the period for | ||||||
15 | counting provisional ballots. | ||||||
16 | (g-10) All ballots determined to be valid shall be added to | ||||||
17 | the vote totals for the precincts for which they were cast in | ||||||
18 | the order in which the ballots were opened.
| ||||||
19 | (h) Each political party,
candidate, and qualified civic | ||||||
20 | organization shall be entitled to have
present one pollwatcher | ||||||
21 | for each panel of election judges therein assigned.
| ||||||
22 | (Source: P.A. 98-1171, eff. 6-1-15 .)
| ||||||
23 | (10 ILCS 5/20-10) (from Ch. 46, par. 20-10)
| ||||||
24 | Sec. 20-10.
Pollwatchers shall be
permitted to be present | ||||||
25 | during the casting of the vote by mail voters' ballots , each |
| |||||||
| |||||||
1 | political party, candidate and qualified civic organization | ||||||
2 | shall be entitled to have present one pollwatcher for each | ||||||
3 | panel of election judges therein assigned. Such pollwatchers | ||||||
4 | shall be subject to the same provisions as are provided for | ||||||
5 | pollwatchers in Sections 7-34 and 17-23 of this Code, and shall | ||||||
6 | be permitted to observe the election judges making the | ||||||
7 | signature comparison between that which is on the ballot | ||||||
8 | envelope and that which is on the permanent voter registration | ||||||
9 | record card taken from the master file
and the vote of any vote | ||||||
10 | by mail voter may be challenged for cause the same
as if he | ||||||
11 | were present and voted in person, and the judges of the
| ||||||
12 | election or a majority thereof shall have power and authority | ||||||
13 | to hear
and determine the legality of such ballot; Provided, | ||||||
14 | however, that if a
challenge to any vote by mail voter's right | ||||||
15 | to vote is sustained, notice of
the same must be given by the | ||||||
16 | judges of election by mail addressed to
the voter's mailing | ||||||
17 | address as stated in the certification and
application for | ||||||
18 | ballot .
| ||||||
19 | (Source: P.A. 98-1171, eff. 6-1-15 .)
| ||||||
20 | (10 ILCS 5/21-1) (from Ch. 46, par. 21-1)
| ||||||
21 | Sec. 21-1.
Choosing and election of electors of President | ||||||
22 | and
Vice-President of the United States shall be in the | ||||||
23 | following manner:
| ||||||
24 | (a) In each year in which a President and Vice-President of | ||||||
25 | the United
States are chosen, each political party or group in |
| |||||||
| |||||||
1 | this State shall choose
by its State Convention or State | ||||||
2 | central committee electors of President and Vice-President of | ||||||
3 | the
United States and such State Convention or State central | ||||||
4 | committee of such party or group shall also
choose electors at | ||||||
5 | large, if any are to be appointed for this State and
such State | ||||||
6 | Convention or State central committee of such party or group | ||||||
7 | shall by its chairman and
secretary certify the total list of | ||||||
8 | such electors together with electors at
large so chosen to the | ||||||
9 | State Board of Elections.
| ||||||
10 | The filing of such certificate with the Board, of such | ||||||
11 | choosing of
electors shall be deemed and taken to be the | ||||||
12 | choosing and selection of the
electors of this State, if such | ||||||
13 | party or group is successful at the polls
as herein provided in | ||||||
14 | choosing their candidates for President and
Vice-President of | ||||||
15 | the United States.
| ||||||
16 | (b) The names of the candidates of the several political | ||||||
17 | parties or
groups for electors of President and Vice-President | ||||||
18 | shall not be printed on
the official ballot to be voted in the | ||||||
19 | election to be held on the day in
this Act above named. In lieu | ||||||
20 | of the names of the candidates for such
electors of President | ||||||
21 | and Vice-President, immediately under the appellation
of party | ||||||
22 | name of a party or group in the column of its candidates on the
| ||||||
23 | official ballot, to be voted at said election first above named | ||||||
24 | in
subsection (1) of Section 2A-1.2 and Section 2A-2, there | ||||||
25 | shall be printed
within a bracket the name of the candidate for
| ||||||
26 | President and the name of the candidate for Vice-President of |
| |||||||
| |||||||
1 | such party or
group with a square to the left of such bracket. | ||||||
2 | Each voter in this State
from the several lists or sets of | ||||||
3 | electors so chosen and selected by the
said respective | ||||||
4 | political parties or groups, may choose and elect one of
such | ||||||
5 | lists or sets of electors by placing a cross in the square to | ||||||
6 | the left
of the bracket aforesaid of one of such parties or | ||||||
7 | groups. Placing a cross
within the square before the bracket | ||||||
8 | enclosing the names of President and
Vice-President shall not | ||||||
9 | be deemed and taken as a direct vote for such
candidates for | ||||||
10 | President and Vice-President, or either of them, but shall
only | ||||||
11 | be deemed and taken to be a vote for the entire list or set of
| ||||||
12 | electors chosen by that political party or group so certified | ||||||
13 | to the State
Board of Elections as herein provided. Voting by | ||||||
14 | means of placing a cross
in the appropriate place preceding the | ||||||
15 | appellation or title of the
particular political party or | ||||||
16 | group, shall not be deemed or taken as a
direct vote for the | ||||||
17 | candidates for President and Vice-President, or either
of them, | ||||||
18 | but instead to the Presidential vote, as a vote for the entire
| ||||||
19 | list or set of electors chosen by that political party or group | ||||||
20 | so
certified to the State Board of Elections as herein | ||||||
21 | provided.
| ||||||
22 | (c) Such certification by the respective political parties | ||||||
23 | or groups in
this State of electors of President and | ||||||
24 | Vice-President shall be made to the
State Board of Elections | ||||||
25 | within 2 days after such State convention or meeting of the | ||||||
26 | State central committee in which the electors were chosen .
|
| |||||||
| |||||||
1 | (d) Should more than one certificate of choice and | ||||||
2 | selection of electors
of the same political party or group be | ||||||
3 | filed by contesting conventions or
contesting groups, it shall | ||||||
4 | be the duty of the State Board of Elections
within 10 days | ||||||
5 | after the adjournment of the last of such conventions to
meet | ||||||
6 | and determine which set of nominees for electors of such party | ||||||
7 | or
group was chosen and selected by the authorized convention | ||||||
8 | of such party or
group. The Board, after notice to the chairman | ||||||
9 | and secretaries or managers
of the conventions or groups and | ||||||
10 | after a hearing shall determine which set
of electors was so | ||||||
11 | chosen by the authorized convention and shall so
announce and | ||||||
12 | publish the fact, and such decision shall be final and the set
| ||||||
13 | of electors so determined upon by the electoral board to be so | ||||||
14 | chosen shall
be the list or set of electors to be deemed | ||||||
15 | elected if that party shall be
successful at the polls, as | ||||||
16 | herein provided.
| ||||||
17 | (e) Should a vacancy occur in the choice of an elector in a
| ||||||
18 | congressional district, such vacancy may be filled by the | ||||||
19 | executive
committee of the party or group for such | ||||||
20 | congressional district, to be
certified by such committee to | ||||||
21 | the State Board of Elections. Should a
vacancy occur in the | ||||||
22 | office of elector at large, such vacancy shall be
filled by the | ||||||
23 | State committee of such political party or group, and
certified | ||||||
24 | by it to the State Board of Elections.
| ||||||
25 | (Source: P.A. 84-861.)
|
| |||||||
| |||||||
1 | (10 ILCS 5/24C-12)
| ||||||
2 | Sec. 24C-12. Procedures for Counting and Tallying of
| ||||||
3 | Ballots. In an election jurisdiction where a Direct Recording
| ||||||
4 | Electronic Voting System is used, the following procedures for
| ||||||
5 | counting and tallying the ballots shall apply:
| ||||||
6 | Before the opening of the polls, the judges of elections
| ||||||
7 | shall assemble the voting equipment and devices and turn the
| ||||||
8 | equipment on. The judges shall, if necessary, take steps to
| ||||||
9 | activate the voting devices and counting equipment by inserting
| ||||||
10 | into the equipment and voting devices appropriate data cards
| ||||||
11 | containing passwords and data codes that will select the proper
| ||||||
12 | ballot formats selected for that polling place and that will
| ||||||
13 | prevent inadvertent or unauthorized activation of the | ||||||
14 | poll-opening function.
Before voting begins and before ballots | ||||||
15 | are
entered into the voting devices, the judges of election | ||||||
16 | shall
cause to be printed a record of the following: the | ||||||
17 | election's
identification data, the device's unit | ||||||
18 | identification, the
ballot's format identification, the | ||||||
19 | contents of each active
candidate register by office and of | ||||||
20 | each active public question
register showing that they contain | ||||||
21 | all zero votes, all ballot
fields that can be used to invoke | ||||||
22 | special voting options, and
other information needed to ensure | ||||||
23 | the readiness of the
equipment and to accommodate | ||||||
24 | administrative reporting
requirements. The judges must also | ||||||
25 | check to be sure that the
totals are all zeros in the counting | ||||||
26 | columns and in the public
counter affixed to the voting |
| |||||||
| |||||||
1 | devices.
| ||||||
2 | After the judges have determined that a person is qualified
| ||||||
3 | to vote, a voting device with the proper ballot to which the
| ||||||
4 | voter is entitled shall be enabled to be used by the voter. The
| ||||||
5 | ballot may then be cast by the voter by marking by appropriate
| ||||||
6 | means the designated area of the ballot for the casting of a
| ||||||
7 | vote for any candidate or for or against any public question.
| ||||||
8 | The voter shall be able to vote for any and all candidates and
| ||||||
9 | public measures appearing on the ballot in any legal number and
| ||||||
10 | combination and the voter shall be able to delete, change or
| ||||||
11 | correct his or her selections before the ballot is cast. The
| ||||||
12 | voter shall be able to select candidates whose names do not
| ||||||
13 | appear upon the ballot for any office by entering | ||||||
14 | electronically
as many names of candidates as the voter is | ||||||
15 | entitled to select
for each office.
| ||||||
16 | Upon completing his or her selection of candidates or
| ||||||
17 | public questions, the voter shall signify that voting has been
| ||||||
18 | completed by activating the appropriate button, switch or | ||||||
19 | active
area of the ballot screen associated with end of voting. | ||||||
20 | Upon
activation, the voting system shall record an image of the
| ||||||
21 | completed ballot, increment the proper ballot position
| ||||||
22 | registers, and shall signify to the voter that the ballot has
| ||||||
23 | been cast. Upon activation, the voting system shall also print
| ||||||
24 | a permanent paper record of each ballot cast as defined in
| ||||||
25 | Section 24C-2 of this Code. This permanent paper record shall
| ||||||
26 | (i) be printed in a clear, readily readable format that can be |
| |||||||
| |||||||
1 | easily reviewed by the voter for completeness and accuracy and | ||||||
2 | (ii) either be self-contained within the voting device or be
| ||||||
3 | deposited by the voter into a secure ballot box. No permanent
| ||||||
4 | paper record shall be removed from the polling place except by
| ||||||
5 | election officials as authorized by this Article. All permanent
| ||||||
6 | paper records shall be preserved and secured by election
| ||||||
7 | officials in the same manner as paper ballots and shall be
| ||||||
8 | available as an official record for any recount, redundant
| ||||||
9 | count, or verification or retabulation of the vote count
| ||||||
10 | conducted with respect to any election in which the voting
| ||||||
11 | system is used. The voter shall exit the voting station and
the | ||||||
12 | voting system shall prevent any further attempt to vote
until | ||||||
13 | it has been properly re-activated. If a voting device has
been | ||||||
14 | enabled for voting but the voter leaves the polling place
| ||||||
15 | without casting a ballot, 2 judges of election, one from each | ||||||
16 | of
the 2 major political parties, shall spoil the ballot.
| ||||||
17 | Throughout the election day and before the closing of the
| ||||||
18 | polls, no person may check any vote totals for any candidate or
| ||||||
19 | public question on the voting or counting equipment. Such
| ||||||
20 | equipment shall be programmed so that no person may reset the
| ||||||
21 | equipment for reentry of ballots unless provided the proper | ||||||
22 | code
from an authorized representative of the election | ||||||
23 | authority.
| ||||||
24 | The precinct judges of election shall check the public
| ||||||
25 | register to determine whether the number of ballots counted by
| ||||||
26 | the voting equipment agrees with the number of voters voting as
|
| |||||||
| |||||||
1 | shown by the applications for ballot. If the same do not agree,
| ||||||
2 | the judges of election shall immediately contact the offices of
| ||||||
3 | the election authority in charge of the election for further
| ||||||
4 | instructions. If the number of ballots counted by the voting
| ||||||
5 | equipment agrees with the number of voters voting as shown by
| ||||||
6 | the application for ballot, the number shall be listed on the
| ||||||
7 | "Statement of Ballots" form provided by the election authority.
| ||||||
8 | The totals for all candidates and propositions shall be | ||||||
9 | tabulated. One copy of an "In-Precinct Totals Report" shall be | ||||||
10 | generated by the automatic tabulating equipment for return to | ||||||
11 | the election authority. One copy of an "In-Precinct Totals | ||||||
12 | Report" shall be generated and posted in a conspicuous place | ||||||
13 | inside the polling place, provided that any authorized | ||||||
14 | pollwatcher or other official authorized to be present in the | ||||||
15 | polling place to observe the counting of ballots is present. | ||||||
16 | The judges of election shall provide, if requested, a set for | ||||||
17 | each authorized pollwatcher or other official authorized to be | ||||||
18 | present in the polling place to observe the counting of | ||||||
19 | ballots.
In addition, sufficient time
shall be provided by the | ||||||
20 | judges of election to the pollwatchers
to allow them to copy | ||||||
21 | information from the copy which has been
posted.
| ||||||
22 | Until December 31, 2019 2015 , in elections at which | ||||||
23 | fractional cumulative votes are cast for candidates, the | ||||||
24 | tabulation of those fractional cumulative votes may be made by | ||||||
25 | the election authority at its central office location, and 4 | ||||||
26 | copies of a "Certificate of Results" shall be printed by the |
| |||||||
| |||||||
1 | automatic tabulation equipment and shall be posted in 4 | ||||||
2 | conspicuous places at the central office location where those | ||||||
3 | fractional cumulative votes have been tabulated.
| ||||||
4 | If instructed by the election authority, the judges of
| ||||||
5 | election shall cause the tabulated returns to be transmitted
| ||||||
6 | electronically to the offices of the election authority via
| ||||||
7 | modem or other electronic medium.
| ||||||
8 | The precinct judges of election shall select a bi-partisan
| ||||||
9 | team of 2 judges, who shall immediately return the ballots in a
| ||||||
10 | sealed container, along with all other election materials and
| ||||||
11 | equipment as instructed by the election authority; provided,
| ||||||
12 | however, that such container must first be sealed by the
| ||||||
13 | election judges with filament tape or other approved sealing
| ||||||
14 | devices provided for the purpose in a manner that the ballots
| ||||||
15 | cannot be removed from the container without breaking the seal
| ||||||
16 | or filament tape and disturbing any signatures affixed by the
| ||||||
17 | election judges to the container. The election authority shall
| ||||||
18 | keep the office of the election authority, or any receiving
| ||||||
19 | stations designated by the authority, open for at least 12
| ||||||
20 | consecutive hours after the polls close or until the ballots | ||||||
21 | and
election material and equipment from all precincts within | ||||||
22 | the
jurisdiction of the election authority have been returned | ||||||
23 | to the
election authority. Ballots and election materials and
| ||||||
24 | equipment returned to the office of the election authority | ||||||
25 | which
are not signed and sealed as required by law shall not be
| ||||||
26 | accepted by the election authority until the judges returning
|
| |||||||
| |||||||
1 | the ballots make and sign the necessary corrections. Upon
| ||||||
2 | acceptance of the ballots and election materials and equipment
| ||||||
3 | by the election authority, the judges returning the ballots
| ||||||
4 | shall take a receipt signed by the election authority and
| ||||||
5 | stamped with the time and date of the return. The election
| ||||||
6 | judges whose duty it is to return any ballots and election
| ||||||
7 | materials and equipment as provided shall, in the event the
| ||||||
8 | ballots, materials or equipment cannot be found when needed, on
| ||||||
9 | proper request, produce the receipt which they are to take as
| ||||||
10 | above provided.
| ||||||
11 | (Source: P.A. 96-1549, eff. 3-10-11; 97-766, eff. 7-6-12.)
| ||||||
12 | (10 ILCS 5/29-5) (from Ch. 46, par. 29-5)
| ||||||
13 | Sec. 29-5. Voting more than once. Any person who, having | ||||||
14 | voted once, knowingly during any election on the same election | ||||||
15 | day
where the ballot or machine lists any of the same | ||||||
16 | candidates and issues
listed on the ballot or machine | ||||||
17 | previously used for voting by that person,
(a) files an | ||||||
18 | application to vote in the same or another polling place, or
| ||||||
19 | (b) accepts a ballot or enters a voting machine (except to | ||||||
20 | legally give
assistance pursuant to the provisions of this | ||||||
21 | Code), shall be guilty of a
Class 3 felony; however, if a | ||||||
22 | person has delivered a ballot or ballots to
an election | ||||||
23 | authority as a vote by mail voter and due to a change of
| ||||||
24 | circumstances is able to and does vote in the precinct of his | ||||||
25 | residence on
election day, shall not be deemed to be in |
| |||||||
| |||||||
1 | violation of this Code.
| ||||||
2 | (Source: P.A. 98-1171, eff. 6-1-15 .)
| ||||||
3 | (10 ILCS 5/20-6 rep.) | ||||||
4 | Section 10. The Election Code is amended by repealing | ||||||
5 | Section 20-6. | ||||||
6 | Section 15. The Township Code is amended by changing | ||||||
7 | Section 45-20 as follows:
| ||||||
8 | (60 ILCS 1/45-20)
| ||||||
9 | Sec. 45-20. Caucus result; filing nomination papers; | ||||||
10 | certifying candidates.
| ||||||
11 | (a) The township central committee shall canvass and | ||||||
12 | declare the result of
the caucus.
| ||||||
13 | (b) The chairman of the township central committee shall, | ||||||
14 | not more than 113
nor less than 106 days before the township | ||||||
15 | election, file nomination papers as
provided in this Section. | ||||||
16 | The nomination papers shall consist of (i) a
certification by | ||||||
17 | the chairman of the names of all candidates for office in the
| ||||||
18 | township nominated at the caucus and (ii) a statement of | ||||||
19 | candidacy by each
candidate in the form prescribed in the | ||||||
20 | general election law. The nomination
papers shall be filed in | ||||||
21 | the office of the township clerk, except that if the
township | ||||||
22 | is entirely within the corporate limits of a city, village, or
| ||||||
23 | incorporated town under the jurisdiction of a board of election |
| |||||||
| |||||||
1 | commissioners,
the nomination papers shall be filed in the | ||||||
2 | office of the board of election
commissioners instead of the | ||||||
3 | township clerk.
| ||||||
4 | (c) The township clerk shall certify the candidates so | ||||||
5 | nominated to the
proper election authorities not less than 68 | ||||||
6 | 61 days before the township election.
The election shall be | ||||||
7 | conducted in accordance with the general election law.
| ||||||
8 | (Source: P.A. 97-81, eff. 7-5-11.)
| ||||||
9 | Section 20. The School Code is amended by changing Section | ||||||
10 | 9-10 as follows:
| ||||||
11 | (105 ILCS 5/9-10) (from Ch. 122, par. 9-10)
| ||||||
12 | Sec. 9-10. Candidates for office - Nominating petitions. | ||||||
13 | Candidates for
the office of school director shall be nominated | ||||||
14 | by petition signed by at
least 25 voters or 5% of the voters, | ||||||
15 | whichever is less, residing within
the district and filed with | ||||||
16 | the county clerk or the county board of election commissioners, | ||||||
17 | as the case may be, of the county in which the principal office | ||||||
18 | of the school district is located.
| ||||||
19 | Nominations for members of boards of education, including | ||||||
20 | non-high school
boards of education shall be made by a petition | ||||||
21 | signed by at least 50 voters
or 10% of the voters, whichever is | ||||||
22 | less, residing within the district and
shall be filed with the | ||||||
23 | county clerk or the county board of election commissioners, as | ||||||
24 | the case may be, of the county in which the principal office of |
| |||||||
| |||||||
1 | the school district is located. In addition
to the requirements | ||||||
2 | of the general election law, the form of such petitions
shall | ||||||
3 | be substantially as follows:
| ||||||
4 | NOMINATING PETITIONS
| ||||||
5 | (LEAVE OUT THE INAPPLICABLE PART.)
| ||||||
6 | To the (County Clerk or County Board of Election | ||||||
7 | Commissioners) .... of .... County:
| ||||||
8 | We the undersigned, being (.... or more) (or 10% or more) | ||||||
9 | (or 5% or more)
of the voters residing within said district, | ||||||
10 | hereby petition that .... who
resides at .... in the (city or | ||||||
11 | village) of .... in Township .... (or who
resides outside any | ||||||
12 | city, village or incorporated town and in Township ....) in
| ||||||
13 | said district shall be a candidate for the office of .... of | ||||||
14 | the board of
education (or board of directors) (full term) | ||||||
15 | (vacancy) to be voted for at the
election to be held on (insert | ||||||
16 | date).
| ||||||
17 | Name: .................. Address: ...................
| ||||||
18 | In the designation of the name of a candidate on a petition | ||||||
19 | for
nomination, the candidate's given name or names, initial or | ||||||
20 | initials, a nickname by which the candidate is commonly known, | ||||||
21 | or a combination thereof may be used in addition to the | ||||||
22 | candidate's surname. If a candidate has changed his or her | ||||||
23 | name, whether by a statutory or common law procedure in | ||||||
24 | Illinois or any other jurisdiction, within 3 years before the | ||||||
25 | last day for filing the petition, then (i) the candidate's name |
| |||||||
| |||||||
1 | on the petition must be followed by "formerly known as (list | ||||||
2 | all prior names during the 3-year period) until name changed on | ||||||
3 | (list date of each such name change)" and (ii) the petition | ||||||
4 | must be accompanied by the candidate's affidavit stating the | ||||||
5 | candidate's previous names during the period specified in | ||||||
6 | clause (i) and the date or dates each of those names was | ||||||
7 | changed; failure to meet these requirements shall be grounds | ||||||
8 | for denying certification of the candidate's name for the | ||||||
9 | ballot, but these requirements do not apply to name changes | ||||||
10 | resulting from adoption to assume an adoptive parent's or | ||||||
11 | parents' surname, marriage to assume a spouse's surname, or | ||||||
12 | dissolution of marriage or declaration of invalidity of | ||||||
13 | marriage to assume a former surname. No other designation, such | ||||||
14 | as a political slogan, as defined by Section 7-17 of the | ||||||
15 | Election Code, title or degree, or nickname suggesting or | ||||||
16 | implying possession of a title, degree or professional status, | ||||||
17 | or similar information may be used in connection with the | ||||||
18 | candidate's surname.
| ||||||
19 | Nomination papers filed under this Section are not valid | ||||||
20 | unless the candidate
named therein files with the county clerk | ||||||
21 | or the county board of election commissioners, as the case may | ||||||
22 | be, of the county in which the principal office of the school | ||||||
23 | district is located a receipt
from the county clerk showing | ||||||
24 | that the candidate has filed a statement of
economic interests | ||||||
25 | as required by the Illinois Governmental Ethics Act.
Such | ||||||
26 | receipt shall be so filed either previously during the calendar |
| |||||||
| |||||||
1 | year
in which his nomination papers were filed or within the | ||||||
2 | period for the filing
of nomination papers in accordance with | ||||||
3 | the general election law.
| ||||||
4 | All petitions for the nomination of members of a board of | ||||||
5 | education shall
be filed with the county clerk or the county | ||||||
6 | board of election commissioners, as the case may be, of the | ||||||
7 | county in which the principal office of the school district is | ||||||
8 | located within the time provided for
by the general election | ||||||
9 | law. The county clerk or the county board of election | ||||||
10 | commissioners shall receive and file only
those petitions which | ||||||
11 | include a statement of candidacy, the required number
of voter | ||||||
12 | signatures, the notarized signature of the petition circulator
| ||||||
13 | and a receipt from the County Clerk showing that the candidate | ||||||
14 | has filed
a statement of economic interest on or before the | ||||||
15 | last day to file as required
by the Illinois Governmental | ||||||
16 | Ethics Act. The county clerk or the county board of election | ||||||
17 | commissioners may have petition
forms available
for issuance to | ||||||
18 | potential candidates, and may give notice of the petition
| ||||||
19 | filing period by publication in a newspaper of general | ||||||
20 | circulation within
the school district not less than 10 days | ||||||
21 | prior to the first day of filing.
The county clerk or the | ||||||
22 | county board of election commissioners shall make | ||||||
23 | certification to the proper election authorities
in accordance | ||||||
24 | with the general election law.
| ||||||
25 | The county clerk or the county board of election | ||||||
26 | commissioners, as the case may be, of the county in which the |
| |||||||
| |||||||
1 | principal office of the school district is located shall notify | ||||||
2 | the candidates
for whom a petition for nomination is filed or | ||||||
3 | the appropriate committee
of the obligations under the Campaign | ||||||
4 | Financing Act as provided in the general
election law. Such | ||||||
5 | notice
shall be given on a form prescribed by the State Board | ||||||
6 | of Elections and
in accordance with the requirements of the | ||||||
7 | general election law. The county clerk or county board of | ||||||
8 | election commissioners
shall within 7 days of filing or on the | ||||||
9 | last day for filing, whichever is
earlier, acknowledge to the | ||||||
10 | petitioner in writing the office's acceptance of the
petition.
| ||||||
11 | A candidate for membership on the board of education or for | ||||||
12 | office as a
school director, who has petitioned for nomination | ||||||
13 | to fill a full term and
to fill a vacant term to be voted upon | ||||||
14 | at the same election, must withdraw
his or her petition for | ||||||
15 | nomination from either the full term or the vacant
term by | ||||||
16 | written declaration.
| ||||||
17 | In all newly organized districts the petition for the | ||||||
18 | nomination of
candidates
for members of the board of education | ||||||
19 | at the first election shall be addressed
to and filed with the | ||||||
20 | regional superintendent of schools in the manner herein
| ||||||
21 | specified for the petitions for
members of a board of | ||||||
22 | education. For such election the regional superintendent
shall | ||||||
23 | fulfill all duties otherwise assigned to the secretary of the | ||||||
24 | board
of education.
| ||||||
25 | (Source: P.A. 98-115, eff. 7-29-13.)
| ||||||
26 | Section 99. Effective date. This Act takes effect upon |
| |||||||
| |||||||
1 | becoming law. |