Rep. Barbara Flynn Currie

Filed: 5/27/2016

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 1529

2    AMENDMENT NO. ______. Amend Senate Bill 1529, AS AMENDED,
3by replacing everything after the enacting clause with the
4following:
 
5    "Section 5. The Election Code is amended by changing
6Sections 1-3, 1-12, 1A-16.5, 1A-16.8, 4-8, 4-20, 4-33, 5-7,
75-28, 5-43, 6-35, 6-65, 6-79, 9-3, 10-6, 19-3, 19-4, 19-8,
820-2, 20-2.1, 20-2.2, 20-2.3, 20-3, 20-8, 20-10, 24C-12 and
929-5, and by adding Sections 1-13 and 1A-50 as follows:
 
10    (10 ILCS 5/1-3)  (from Ch. 46, par. 1-3)
11    Sec. 1-3. As used in this Act, unless the context otherwise
12requires:
13    1. "Election" includes the submission of all questions of
14public policy, propositions, and all measures submitted to
15popular vote, and includes primary elections when so indicated
16by the context.

 

 

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1    2. "Regular election" means the general, general primary,
2consolidated and consolidated primary elections regularly
3scheduled in Article 2A. The even numbered year municipal
4primary established in Article 2A is a regular election only
5with respect to those municipalities in which a primary is
6required to be held on such date.
7    3. "Special election" means an election not regularly
8recurring at fixed intervals, irrespective of whether it is
9held at the same time and place and by the same election
10officers as a regular election.
11    4. "General election" means the biennial election at which
12members of the General Assembly are elected. "General primary
13election", "consolidated election" and "consolidated primary
14election" mean the respective elections or the election dates
15designated and established in Article 2A of this Code.
16    5. "Municipal election" means an election or primary,
17either regular or special, in cities, villages, and
18incorporated towns; and "municipality" means any such city,
19village or incorporated town.
20    6. "Political or governmental subdivision" means any unit
21of local government, or school district in which elections are
22or may be held. "Political or governmental subdivision" also
23includes, for election purposes, Regional Boards of School
24Trustees, and Township Boards of School Trustees.
25    7. The word "township" and the word "town" shall apply
26interchangeably to the type of governmental organization

 

 

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1established in accordance with the provisions of the Township
2Code. The term "incorporated town" shall mean a municipality
3referred to as an incorporated town in the Illinois Municipal
4Code, as now or hereafter amended.
5    8. "Election authority" means a county clerk or a Board of
6Election Commissioners.
7    9. "Election Jurisdiction" means (a) an entire county, in
8the case of a county in which no city board of election
9commissioners is located or which is under the jurisdiction of
10a county board of election commissioners; (b) the territorial
11jurisdiction of a city board of election commissioners; and (c)
12the territory in a county outside of the jurisdiction of a city
13board of election commissioners. In each instance election
14jurisdiction shall be determined according to which election
15authority maintains the permanent registration records of
16qualified electors.
17    10. "Local election official" means the clerk or secretary
18of a unit of local government or school district, as the case
19may be, the treasurer of a township board of school trustees,
20and the regional superintendent of schools with respect to the
21various school officer elections and school referenda for which
22the regional superintendent is assigned election duties by The
23School Code, as now or hereafter amended.
24    11. "Judges of election", "primary judges" and similar
25terms, as applied to cases where there are 2 sets of judges,
26when used in connection with duties at an election during the

 

 

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1hours the polls are open, refer to the team of judges of
2election on duty during such hours; and, when used with
3reference to duties after the closing of the polls, refer to
4the team of tally judges designated to count the vote after the
5closing of the polls and the holdover judges designated
6pursuant to Section 13-6.2 or 14-5.2. In such case, where,
7after the closing of the polls, any act is required to be
8performed by each of the judges of election, it shall be
9performed by each of the tally judges and by each of the
10holdover judges.
11    12. "Petition" of candidacy as used in Sections 7-10 and
127-10.1 shall consist of a statement of candidacy, candidate's
13statement containing oath, and sheets containing signatures of
14qualified primary electors bound together.
15    13. "Election district" and "precinct", when used with
16reference to a 30-day residence requirement, means the smallest
17constituent territory in which electors vote as a unit at the
18same polling place in any election governed by this Act.
19    14. "District" means any area which votes as a unit for the
20election of any officer, other than the State or a unit of
21local government or school district, and includes, but is not
22limited to, legislative, congressional and judicial districts,
23judicial circuits, county board districts, municipal and
24sanitary district wards, school board districts, and
25precincts.
26    15. "Question of public policy" or "public question" means

 

 

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1any question, proposition or measure submitted to the voters at
2an election dealing with subject matter other than the
3nomination or election of candidates and shall include, but is
4not limited to, any bond or tax referendum, and questions
5relating to the Constitution.
6    16. "Ordinance providing the form of government of a
7municipality or county pursuant to Article VII of the
8Constitution" includes ordinances, resolutions and petitions
9adopted by referendum which provide for the form of government,
10the officers or the manner of selection or terms of office of
11officers of such municipality or county, pursuant to the
12provisions of Sections 4, 6 or 7 of Article VII of the
13Constitution.
14    17. "List" as used in Sections 4-11, 4-22, 5-14, 5-29,
156-60, and 6-66 shall include a computer tape or computer disc
16or other electronic data processing information containing
17voter information.
18    18. "Accessible" means accessible to persons with
19disabilities and elderly individuals for the purpose of voting
20or registration, as determined by rule of the State Board of
21Elections.
22    19. "Elderly" means 65 years of age or older.
23    20. "Person with a disability" means a person having a
24temporary or permanent physical disability.
25    21. "Leading political party" means one of the two
26political parties whose candidates for governor at the most

 

 

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1recent three gubernatorial elections received either the
2highest or second highest average number of votes. The
3political party whose candidates for governor received the
4highest average number of votes shall be known as the first
5leading political party and the political party whose
6candidates for governor received the second highest average
7number of votes shall be known as the second leading political
8party.
9    22. "Business day" means any day in which the office of an
10election authority, local election official or the State Board
11of Elections is open to the public for a minimum of 7 hours.
12    23. "Homeless individual" means any person who has a
13nontraditional residence, including, but not limited to, a
14shelter, day shelter, park bench, street corner, or space under
15a bridge.
16    24. "Signature" means a name signed in ink or in digitized
17form. This definition does not apply to a nominating or
18candidate petition or a referendum petition.
19    25. "Intelligent mail barcode tracking system" means a
20printed trackable barcode attached to the return business reply
21envelope for mail-in ballots under Article 19 or Article 20
22that allows an election authority to determine the date the
23envelope was mailed in absence of a postmark.
24(Source: P.A. 99-143, eff. 7-27-15.)
 
25    (10 ILCS 5/1-12)

 

 

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1    Sec. 1-12. Public university voting.
2    (a) Each appropriate election authority shall, in addition
3to the early voting conducted at locations otherwise required
4by law, conduct early voting, grace period registration, and
5grace period voting at the student union on the campus of a
6public university within the election authority's
7jurisdiction. The voting required by this subsection (a) to be
8conducted on campus must be conducted from the 6th day before a
9general primary or general election until and including the 4th
10day before a general primary or general election from 10:00
11a.m. to 5 p.m. and as otherwise required by Article 19A of this
12Code, except that the voting required by this subsection (a)
13need not be conducted during a consolidated primary or
14consolidated election. If an election authority has voting
15equipment that can accommodate a ballot in every form required
16in the election authority's jurisdiction, then the election
17authority shall extend early voting and grace period
18registration and voting under this Section to any registered
19voter in the election authority's jurisdiction. However, if the
20election authority does not have voting equipment that can
21accommodate a ballot in every form required in the election
22authority's jurisdiction, then the election authority may
23limit early voting and grace period registration and voting
24under this Section to voters in precincts where the public
25university is located and precincts bordering the university.
26Each public university shall make the space available at the

 

 

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1student union for, and cooperate and coordinate with the
2appropriate election authority in, the implementation of this
3subsection (a).
4    (b) (Blank).
5    (c) For the purposes of this Section, "public university"
6means the University of Illinois, Illinois State University,
7Chicago State University, Governors State University, Southern
8Illinois University, Northern Illinois University, Eastern
9Illinois University, Western Illinois University, and
10Northeastern Illinois University.
11    (d) For the purposes of this Section, "student union" means
12the Student Center at 750 S. Halsted on the University of
13Illinois-Chicago campus; the Public Affairs Center at the
14University of Illinois at Springfield or a new building
15completed after the effective date of this Act housing student
16government at the University of Illinois at Springfield; the
17Illini Union at the University of Illinois at Urbana-Champaign;
18the SIUC Student Center at the Southern Illinois University at
19Carbondale campus; the Morris University Center at the Southern
20Illinois University at Edwardsville campus; the University
21Union at the Western Illinois University at the Macomb campus;
22the Holmes Student Center at the Northern Illinois University
23campus; the University Union at the Eastern Illinois University
24campus; NEIU Student Union at the Northeastern Illinois
25University campus; the Bone Student Center at the Illinois
26State University campus; the Cordell Reed Student Union at the

 

 

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1Chicago State University campus; and the Hall of Governors in
2Building D at the Governors State University campus.
3(Source: P.A. 98-115, eff. 7-29-13; 98-691, eff. 7-1-14;
498-1171, eff. 6-1-15.)
 
5    (10 ILCS 5/1-13 new)
6    Sec. 1-13. Forms of signature. The making and signing of
7any form, including an application to register, a certificate
8authorizing cancellation of a registration or authorizing a
9transfer of registration, an application to vote, a provisional
10ballot, or affidavit, but not including a nominating or
11candidate petition or a referendum petition, may be by a
12signature written in ink or in digitized form.
 
13    (10 ILCS 5/1A-16.5)
14    Sec. 1A-16.5. Online voter registration.
15    (a) The State Board of Elections shall establish and
16maintain a system for online voter registration that permits a
17person to apply to register to vote or to update his or her
18existing voter registration. In accordance with technical
19specifications provided by the State Board of Elections, each
20election authority shall maintain a voter registration system
21capable of receiving and processing voter registration
22application information, including electronic signatures, from
23the online voter registration system established by the State
24Board of Elections.

 

 

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1    (b) The online voter registration system shall employ
2security measures to ensure the accuracy and integrity of voter
3registration applications submitted electronically pursuant to
4this Section.
5    (c) The Board may receive voter registration information
6provided by applicants using the State Board of Elections'
7website, may cross reference that information with data or
8information contained in the Secretary of State's database in
9order to match the information submitted by applicants, and may
10receive from the Secretary of State the applicant's digitized
11signature upon a successful match of that applicant's
12information with that contained in the Secretary of State's
13database.
14    (d) Notwithstanding any other provision of law, a person
15who is qualified to register to vote and who has an authentic
16Illinois driver's license or State identification card issued
17by the Secretary of State may submit an application to register
18to vote electronically on a website maintained by the State
19Board of Elections.
20    (e) An online voter registration application shall contain
21all of the information that is required for a paper application
22as provided in Section 1A-16 of this Code, except that the
23applicant shall be required to provide:
24        (1) the applicant's full Illinois driver's license or
25    State identification card number;
26        (2) the last 4 digits of the applicant's social

 

 

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1    security number; and
2        (3) the date the Illinois driver's license or State
3    identification card was issued.
4    (f) For an applicant's registration or change in
5registration to be accepted, the applicant shall mark the box
6associated with the following statement included as part of the
7online voter registration application:
8    "By clicking on the box below, I swear or affirm all of the
9following:
10    (1) I am the person whose name and identifying information
11is provided on this form, and I desire to register to vote in
12the State of Illinois.
13    (2) All the information I have provided on this form is
14true and correct as of the date I am submitting this form.
15    (3) I authorize the Secretary of State to transmit to the
16State Board of Elections my signature that is on file with the
17Secretary of State and understand that such signature will be
18used by my local election authority on this online voter
19registration application for admission as an elector as if I
20had signed this form personally.".
21    (g) Immediately upon receiving a completed online voter
22registration application, the online voter registration system
23shall send, by electronic mail, a confirmation notice that the
24application has been received. Within 48 hours of receiving
25such an application, the online voter registration system shall
26send by electronic mail, a notice informing the applicant of

 

 

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1whether the following information has been matched with the
2Secretary of State database:
3        (1) that the applicant has an authentic Illinois
4    driver's license or State identification card issued by the
5    Secretary of State and that the driver's license or State
6    identification number provided by the applicant matches
7    the driver's license or State identification card number
8    for that person on file with the Secretary of State;
9        (2) that the date of issuance of the Illinois driver's
10    license or State identification card listed on the
11    application matches the date of issuance of that card for
12    that person on file with the Secretary of State;
13        (3) that the date of birth provided by the applicant
14    matches the date of birth for that person on file with the
15    Secretary of State; and
16        (4) that the last 4 digits of the applicant's social
17    security number matches the last 4 digits for that person
18    on file with the Secretary of State.
19    (h) If the information provided by the applicant matches
20the information on the Secretary of State's databases for any
21driver's license and State identification card holder and is
22matched as provided in subsection (g) above, the online voter
23registration system shall:
24        (1) retrieve from the Secretary of State's database
25    files an electronic copy of the applicant's signature from
26    his or her Illinois driver's license or State

 

 

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1    identification card and such signature shall be deemed to
2    be the applicant's signature on his or her online voter
3    registration application;
4        (2) within 2 days of receiving the application, forward
5    to the county clerk or board of election commissioners
6    having jurisdiction over the applicant's voter
7    registration: (i) the application, along with the
8    applicant's relevant data that can be directly loaded into
9    the jurisdiction's voter registration system and (ii) a
10    copy of the applicant's electronic signature and a
11    certification from the State Board of Elections that the
12    applicant's driver's license or State identification card
13    number, driver's license or State identification card date
14    of issuance, and date of birth and social security
15    information have been successfully matched.
16    (i) Upon receipt of the online voter registration
17application, the county clerk or board of election
18commissioners having jurisdiction over the applicant's voter
19registration shall promptly search its voter registration
20database to determine whether the applicant is already
21registered to vote at the address on the application and
22whether the new registration would create a duplicate
23registration. If the applicant is already registered to vote at
24the address on the application, the clerk or board, as the case
25may be, shall send the applicant by first class mail, and
26electronic mail if the applicant has provided an electronic

 

 

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1mail address on the original voter registration form for that
2address, a disposition notice as otherwise required by law
3informing the applicant that he or she is already registered to
4vote at such address. If the applicant is not already
5registered to vote at the address on the application and the
6applicant is otherwise eligible to register to vote, the clerk
7or board, as the case may be, shall:
8        (1) enter the name and address of the applicant on the
9    list of registered voters in the jurisdiction; and
10        (2) send by mail, and electronic mail if the applicant
11    has provided an electronic mail address on the voter
12    registration form, a disposition notice to the applicant as
13    otherwise provided by law setting forth the applicant's
14    name and address as it appears on the application and
15    stating that the person is registered to vote.
16    (j) An electronic signature of the person submitting a
17duplicate registration application or a change of address form
18that is retrieved and imported from the Secretary of State's
19driver's license or State identification card database as
20provided herein may, in the discretion of the clerk or board,
21be substituted for and replace any existing signature for that
22individual in the voter registration database of the county
23clerk or board of election commissioners.
24    (k) Any new registration or change of address submitted
25electronically as provided in this Section shall become
26effective as of the date it is received by the county clerk or

 

 

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1board of election commissioners having jurisdiction over said
2registration. Disposition notices prescribed in this Section
3shall be sent within 5 business days of receipt of the online
4application or change of address by the county clerk or board
5of election commissioners.
6    (l) All provisions of this Code governing voter
7registration and applicable thereto and not inconsistent with
8this Section shall apply to online voter registration under
9this Section. All applications submitted on a website
10maintained by the State Board of Elections shall be deemed
11timely filed if they are submitted no later than 11:59 p.m. on
12the 16th day final day for voter registration prior to an
13election. After the registration period for an upcoming
14election has ended and until the 2nd day following such
15election, the web page containing the online voter registration
16form on the State Board of Elections website shall inform users
17of the procedure for grace period voting.
18    (m) The State Board of Elections shall maintain a list of
19the name, street address, e-mail address, and likely precinct,
20ward, township, and district numbers, as the case may be, of
21people who apply to vote online through the voter registration
22system and those names and that information shall be stored in
23an electronic format on its website, arranged by county and
24accessible to State and local political committees.
25    (n) The Illinois State Board of Elections shall develop or
26cause to be developed an online voter registration system able

 

 

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1to be accessed by at least the top two most used mobile
2electronic operating systems by January 1, 2016.
3    (o) (Blank).
4    (p) Each State department that maintains an Internet
5website must include a hypertext link to the homepage website
6maintained and operated pursuant to this Section 1A-16.5. For
7the purposes of this Section, "State department" means the
8departments of State Government listed in Section 5-15 of the
9Civil Administrative Code of Illinois (General Provisions and
10Departments of State Government).
11(Source: P.A. 98-115, eff. 7-29-13; 98-756, eff. 7-16-14;
1298-1171, eff. 6-1-15.)
 
13    (10 ILCS 5/1A-16.8)
14    Sec. 1A-16.8. Automatic transfer of registration based
15upon information from the National Change of Address database.
16The State Board of Elections shall cross-reference the
17statewide voter registration database against the United
18States Postal Service's National Change of Address database
19twice each calendar year, April 15 and October 1 in
20odd-numbered years and April 15 and December 1 in even-numbered
21years, and shall share the findings with the election
22authorities. An election authority shall automatically
23register any voter who has moved into its jurisdiction from
24another jurisdiction in Illinois or has moved within its
25jurisdiction provided that:

 

 

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1        (1) the election authority whose jurisdiction includes
2    the new registration address provides the voter an
3    opportunity to reject the change in registration address
4    through a mailing, sent by non-forwardable mail, to the new
5    registration address, and
6        (2) when the election authority whose jurisdiction
7    includes the previous registration address is a different
8    election authority, then that election authority provides
9    the same opportunity through a mailing, sent by forwardable
10    mail, to the previous registration address.
11    This change in registration shall trigger the same
12inter-jurisdictional or intra-jurisdictional workflows as if
13the voter completed a new registration card, including the
14cancellation of the voter's previous registration. Should the
15registration of a voter be changed from one address to another
16within the State and should the voter appear at the polls and
17offer to vote from the prior registration address, attesting
18that the prior registration address is the true current
19address, the voter, if confirmed by the election authority as
20having been registered at the prior registration address and
21canceled only by the process authorized by this Section, shall
22be issued a regular ballot, and the change of registration
23address shall be canceled. If the election authority is unable
24to immediately confirm the registration, the voter shall be
25issued a provisional ballot and the provisional ballot shall be
26counted.

 

 

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1(Source: P.A. 98-1171, eff. 6-1-15.)
 
2    (10 ILCS 5/1A-50 new)
3    Sec. 1A-50. The ERIC Operations Trust Fund. The ERIC
4Operations Trust Fund (Trust Fund) is created as a
5nonappropriated trust fund to be held outside of the State
6treasury, with the State Treasurer as ex officio custodian. The
7Trust Fund shall be financed by a combination of private
8donations and by appropriations by the General Assembly. The
9Board may accept from all sources, contributions, grants,
10gifts, bequeaths, legacies of money, and securities to be
11deposited into the Trust Fund. All deposits shall become part
12of the Trust Fund corpus. Moneys in the Trust Fund are not
13subject to appropriation and shall be used by the Board solely
14for the costs and expenses related to the participation in the
15Electronic Registration Information Center pursuant to this
16Code.
17    All gifts, grants, assets, funds, or moneys received by the
18Board for the purpose of participation in the Electronic
19Registration Information Center shall be deposited and held in
20the Trust Fund by the State Treasurer separate and apart from
21all public moneys or funds of this State and shall be
22administered by the Board exclusively for the purposes set
23forth in this Section. All moneys in the Trust Fund shall be
24invested and reinvested by the State Treasurer. All interest
25accruing from these investments shall be deposited in the Trust

 

 

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1Fund.
2    The ERIC Operations Trust Fund is not subject to sweeps,
3administrative charge-backs, or any other fiscal or budgetary
4maneuver that would in any way transfer any amounts from the
5ERIC Operations Trust Fund into any other fund of the State.
 
6    (10 ILCS 5/4-8)  (from Ch. 46, par. 4-8)
7    Sec. 4-8. The county clerk shall provide a sufficient
8number of blank forms for the registration of electors, which
9shall be known as registration record cards and which shall
10consist of loose leaf sheets or cards, of suitable size to
11contain in plain writing and figures the data hereinafter
12required thereon or shall consist of computer cards of suitable
13nature to contain the data required thereon. The registration
14record cards, which shall include an affidavit of registration
15as hereinafter provided, shall be executed in duplicate.
16    The registration record card shall contain the following
17and such other information as the county clerk may think it
18proper to require for the identification of the applicant for
19registration:
20    Name. The name of the applicant, giving surname and first
21or Christian name in full, and the middle name or the initial
22for such middle name, if any.
23    Sex.
24    Residence. The name and number of the street, avenue, or
25other location of the dwelling, including the apartment, unit

 

 

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1or room number, if any, and in the case of a mobile home the lot
2number, and such additional clear and definite description as
3may be necessary to determine the exact location of the
4dwelling of the applicant. Where the location cannot be
5determined by street and number, then the section,
6congressional township and range number may be used, or such
7other description as may be necessary, including post-office
8mailing address. In the case of a homeless individual, the
9individual's voting residence that is his or her mailing
10address shall be included on his or her registration record
11card.
12    Term of residence in the State of Illinois and precinct.
13This information shall be furnished by the applicant stating
14the place or places where he resided and the dates during which
15he resided in such place or places during the year next
16preceding the date of the next ensuing election.
17    Nativity. The state or country in which the applicant was
18born.
19    Citizenship. Whether the applicant is native born or
20naturalized. If naturalized, the court, place, and date of
21naturalization.
22    Date of application for registration, i.e., the day, month
23and year when applicant presented himself for registration.
24    Age. Date of birth, by month, day and year.
25    Physical disability of the applicant, if any, at the time
26of registration, which would require assistance in voting.

 

 

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1    The county and state in which the applicant was last
2registered.
3    Electronic mail address, if any.
4    Signature of voter. The applicant, after the registration
5and in the presence of a deputy registrar or other officer of
6registration shall be required to sign his or her name in ink
7or digitized form to the affidavit on both the original and
8duplicate registration record cards.
9    Signature of deputy registrar or officer of registration.
10    In case applicant is unable to sign his name, he may affix
11his mark to the affidavit. In such case the officer empowered
12to give the registration oath shall write a detailed
13description of the applicant in the space provided on the back
14or at the bottom of the card or sheet; and shall ask the
15following questions and record the answers thereto:
16    Father's first name.
17    Mother's first name.
18    From what address did the applicant last register?
19    Reason for inability to sign name.
20    Each applicant for registration shall make an affidavit in
21substantially the following form:
22
AFFIDAVIT OF REGISTRATION
23STATE OF ILLINOIS
24COUNTY OF .......
25    I hereby swear (or affirm) that I am a citizen of the
26United States; that on the date of the next election I shall

 

 

09900SB1529ham002- 22 -LRB099 06102 MLM 49228 a

1have resided in the State of Illinois and in the election
2precinct in which I reside 30 days and that I intend that this
3location shall be my residence; that I am fully qualified to
4vote, and that the above statements are true.
5
..............................
6
(His or her signature or mark)
7    Subscribed and sworn to before me on (insert date).
8..................................
9Signature of registration officer.
10(To be signed in presence of registrant.)
 
11    Space shall be provided upon the face of each registration
12record card for the notation of the voting record of the person
13registered thereon.
14    Each registration record card shall be numbered according
15to precincts, and may be serially or otherwise marked for
16identification in such manner as the county clerk may
17determine.
18    The registration cards shall be deemed public records and
19shall be open to inspection during regular business hours,
20except during the 27 days immediately preceding any election.
21On written request of any candidate or objector or any person
22intending to object to a petition, the election authority shall
23extend its hours for inspection of registration cards and other
24records of the election authority during the period beginning
25with the filing of petitions under Sections 7-10, 8-8, 10-6 or

 

 

09900SB1529ham002- 23 -LRB099 06102 MLM 49228 a

128-3 and continuing through the termination of electoral board
2hearings on any objections to petitions containing signatures
3of registered voters in the jurisdiction of the election
4authority. The extension shall be for a period of hours
5sufficient to allow adequate opportunity for examination of the
6records but the election authority is not required to extend
7its hours beyond the period beginning at its normal opening for
8business and ending at midnight. If the business hours are so
9extended, the election authority shall post a public notice of
10such extended hours. Registration record cards may also be
11inspected, upon approval of the officer in charge of the cards,
12during the 27 days immediately preceding any election.
13Registration record cards shall also be open to inspection by
14certified judges and poll watchers and challengers at the
15polling place on election day, but only to the extent necessary
16to determine the question of the right of a person to vote or
17to serve as a judge of election. At no time shall poll watchers
18or challengers be allowed to physically handle the registration
19record cards.
20    Updated copies of computer tapes or computer discs or other
21electronic data processing information containing voter
22registration information shall be furnished by the county clerk
23within 10 days after December 15 and May 15 each year and
24within 10 days after each registration period is closed to the
25State Board of Elections in a form prescribed by the Board. For
26the purposes of this Section, a registration period is closed

 

 

09900SB1529ham002- 24 -LRB099 06102 MLM 49228 a

127 days before the date of any regular or special election.
2Registration information shall include, but not be limited to,
3the following information: name, sex, residence, telephone
4number, if any, age, party affiliation, if applicable,
5precinct, ward, township, county, and representative,
6legislative and congressional districts. In the event of
7noncompliance, the State Board of Elections is directed to
8obtain compliance forthwith with this nondiscretionary duty of
9the election authority by instituting legal proceedings in the
10circuit court of the county in which the election authority
11maintains the registration information. The costs of
12furnishing updated copies of tapes or discs shall be paid at a
13rate of $.00034 per name of registered voters in the election
14jurisdiction, but not less than $50 per tape or disc and shall
15be paid from appropriations made to the State Board of
16Elections for reimbursement to the election authority for such
17purpose. The State Board shall furnish copies of such tapes,
18discs, other electronic data or compilations thereof to state
19political committees registered pursuant to the Illinois
20Campaign Finance Act or the Federal Election Campaign Act and
21to governmental entities, at their request and at a reasonable
22cost. To protect the privacy and confidentiality of voter
23registration information, the disclosure of electronic voter
24registration records to any person or entity other than to a
25State or local political committee and other than to a
26governmental entity for a governmental purpose is specifically

 

 

09900SB1529ham002- 25 -LRB099 06102 MLM 49228 a

1prohibited except as follows: subject to security measures
2adopted by the State Board of Elections which, at a minimum,
3shall include the keeping of a catalog or database, available
4for public view, including the name, address, and telephone
5number of the person viewing the list as well as the time of
6that viewing, any person may view the centralized statewide
7voter registration list on a computer screen at the Springfield
8office of the State Board of Elections, during normal business
9hours other than during the 27 days before an election, but the
10person viewing the list under this exception may not print,
11duplicate, transmit, or alter the list. Copies of the tapes,
12discs, or other electronic data shall be furnished by the
13county clerk to local political committees and governmental
14entities at their request and at a reasonable cost. Reasonable
15cost of the tapes, discs, et cetera for this purpose would be
16the cost of duplication plus 15% for administration. The
17individual representing a political committee requesting
18copies of such tapes shall make a sworn affidavit that the
19information shall be used only for bona fide political
20purposes, including by or for candidates for office or
21incumbent office holders. Such tapes, discs or other electronic
22data shall not be used under any circumstances by any political
23committee or individuals for purposes of commercial
24solicitation or other business purposes. If such tapes contain
25information on county residents related to the operations of
26county government in addition to registration information,

 

 

09900SB1529ham002- 26 -LRB099 06102 MLM 49228 a

1that information shall not be used under any circumstances for
2commercial solicitation or other business purposes. The
3prohibition in this Section against using the computer tapes or
4computer discs or other electronic data processing information
5containing voter registration information for purposes of
6commercial solicitation or other business purposes shall be
7prospective only from the effective date of this amended Act of
81979. Any person who violates this provision shall be guilty of
9a Class 4 felony.
10    The State Board of Elections shall promulgate, by October
111, 1987, such regulations as may be necessary to ensure
12uniformity throughout the State in electronic data processing
13of voter registration information. The regulations shall
14include, but need not be limited to, specifications for uniform
15medium, communications protocol and file structure to be
16employed by the election authorities of this State in the
17electronic data processing of voter registration information.
18Each election authority utilizing electronic data processing
19of voter registration information shall comply with such
20regulations on and after May 15, 1988.
21    If the applicant for registration was last registered in
22another county within this State, he shall also sign a
23certificate authorizing cancellation of the former
24registration. The certificate shall be in substantially the
25following form:
26To the County Clerk of.... County, Illinois. (or)

 

 

09900SB1529ham002- 27 -LRB099 06102 MLM 49228 a

1To the Election Commission of the City of ...., Illinois.
2    This is to certify that I am registered in your (county)
3(city) and that my residence was ............................
4Having moved out of your (county) (city), I hereby authorize
5you to cancel said registration in your office.
6Dated at ...., Illinois, on (insert date).
7
.................................
8
(Signature of Voter)
9Attest: ................,  County Clerk, .............
10County, Illinois.
11    The cancellation certificate shall be mailed immediately
12by the County Clerk to the County Clerk (or election commission
13as the case may be) where the applicant was formerly
14registered. Receipt of such certificate shall be full authority
15for cancellation of any previous registration.
16(Source: P.A. 98-115, eff. 10-1-13.)
 
17    (10 ILCS 5/4-20)  (from Ch. 46, par. 4-20)
18    Sec. 4-20. The original registration cards shall remain
19permanently in the office of the county clerk or election
20authority except as destroyed as provided in Section 4-5.01;
21shall be filed alphabetically without regard to precincts; and
22shall be known as the master file. The master file may be kept
23in a computer-based voter registration file or paper format,
24provided a secondary digital back-up is kept off site. The
25digital file shall be searchable and remain current with all

 

 

09900SB1529ham002- 28 -LRB099 06102 MLM 49228 a

1registration activity conducted by the county clerk or election
2authority. The duplicate registration cards shall constitute
3the official registry of voters for all elections subject to
4the provisions of this Article 4, shall be filed by precincts
5alphabetically or geographically so as to correspond with the
6arrangement of the list for such precincts respectively,
7compiled pursuant to Section 4-11 of this Article, and shall be
8known as the precinct file. The duplicate cards for use in
9conducting elections shall be delivered to the judges of
10election by the county clerk in a suitable binder or other
11device, which shall be locked and sealed in accordance with the
12directions to be given by the county clerk and shall also be
13suitably indexed for convenient use by the precinct officers.
14The duplicate cards shall be delivered to the judges of
15election for use at the polls for elections at the same time as
16the official ballots are delivered to them, and shall be
17returned to the county clerk by the judges of election within
18the time provided for the return of the official ballots. The
19county clerk shall determine the manner of delivery and return
20of such duplicate cards, and shall at all other times retain
21them at his office except for such use of them as may be made
22under this Article with respect to registration not at the
23office of the county clerk.
24(Source: P.A. 80-1469.)
 
25    (10 ILCS 5/4-33)

 

 

09900SB1529ham002- 29 -LRB099 06102 MLM 49228 a

1    Sec. 4-33. Computerization of voter records.
2    (a) The State Board of Elections shall design a
3registration record card that, except as otherwise provided in
4this Section, shall be used in duplicate by all election
5authorities in the State adopting a computer-based voter
6registration file as provided in this Section. The Board shall
7prescribe the form and specifications, including but not
8limited to the weight of paper, color, and print of the cards.
9The cards shall contain boxes or spaces for the information
10required under Sections 4-8 and 4-21; provided that the cards
11shall also contain: (i) A space for a person to fill in his or
12her Illinois driver's license number if the person has a
13driver's license; (ii) A space for a person without a driver's
14license to fill in the last four digits of his or her social
15security number if the person has a social security number.
16    (b) The election authority may develop and implement a
17system to prepare, use, and maintain a computer-based voter
18registration file that includes a computer-stored image of the
19signature of each voter. The computer-based voter registration
20file may be used for all purposes for which the original
21registration cards are to be used, provided that a system for
22the storage of at least one copy of the original registration
23cards remains in effect. In the case of voter registration
24forms received via an online voter registration system, the
25original registration cards will include the signature
26received from the Secretary of State database. The electronic

 

 

09900SB1529ham002- 30 -LRB099 06102 MLM 49228 a

1file shall be the master file.
2    (b-2) The election authority may develop and implement a
3system to maintain registration cards in digital form using
4digitized signatures, which may be stored in a computer-based
5voter registration file under subsection (b) of this Section.
6The making and signing of any form, including an application to
7register and a certificate authorizing cancellation of a
8registration or authorizing a transfer of registration may be
9by a signature written in ink or by a digitized signature.
10    (c) Any system created, used, and maintained under
11subsection (b) of this Section shall meet the following
12standards:
13        (1) Access to any computer-based voter registration
14    file shall be limited to those persons authorized by the
15    election authority, and each access to the computer-based
16    voter registration file, other than an access solely for
17    inquiry, shall be recorded.
18        (2) No copy, summary, list, abstract, or index of any
19    computer-based voter registration file that includes any
20    computer-stored image of the signature of any registered
21    voter shall be made available to the public outside of the
22    offices of the election authority.
23        (3) Any copy, summary, list, abstract, or index of any
24    computer-based voter registration file that includes a
25    computer-stored image of the signature of a registered
26    voter shall be produced in such a manner that it cannot be

 

 

09900SB1529ham002- 31 -LRB099 06102 MLM 49228 a

1    reproduced.
2        (4) Each person desiring to vote shall sign an
3    application for a ballot, and the signature comparison
4    authorized in Articles 17 and 18 of this Code may be made
5    to a copy of the computer-stored image of the signature of
6    the registered voter.
7        (5) Any voter list produced from a computer-based voter
8    registration file that includes computer-stored images of
9    the signatures of registered voters and is used in a
10    polling place during an election shall be preserved by the
11    election authority in secure storage until the end of the
12    second calendar year following the election in which it was
13    used.
14    (d) Before the first election in which the election
15authority elects to use a voter list produced from the
16computer-stored images of the signatures of registered voters
17in a computer-based voter registration file for signature
18comparison in a polling place, the State Board of Elections
19shall certify that the system used by the election authority
20complies with the standards set forth in this Section. The
21State Board of Elections may request a sample poll list
22intended to be used in a polling place to test the accuracy of
23the list and the adequacy of the computer-stored images of the
24signatures of the registered voters.
25    (e) With respect to a jurisdiction that has copied all of
26its voter signatures into a computer-based registration file,

 

 

09900SB1529ham002- 32 -LRB099 06102 MLM 49228 a

1all references in this Act or any other Act to the use, other
2than storage, of paper-based voter registration records shall
3be deemed to refer to their computer-based equivalents.
4    (f) Nothing in this Section prevents an election authority
5from submitting to the State Board of Elections a duplicate
6copy of some, as the State Board of Elections shall determine,
7or all of the data contained in each voter registration record
8that is part of the electronic master file. The duplicate copy
9of the registration record shall be maintained by the State
10Board of Elections under the same terms and limitations
11applicable to the election authority and shall be of equal
12legal dignity with the original registration record maintained
13by the election authority as proof of any fact contained in the
14voter registration record.
15(Source: P.A. 98-115, eff. 7-29-13.)
 
16    (10 ILCS 5/5-7)   (from Ch. 46, par. 5-7)
17    Sec. 5-7. The county clerk shall provide a sufficient
18number of blank forms for the registration of electors which
19shall be known as registration record cards and which shall
20consist of loose leaf sheets or cards, of suitable size to
21contain in plain writing and figures the data hereinafter
22required thereon or shall consist of computer cards of suitable
23nature to contain the data required thereon. The registration
24record cards, which shall include an affidavit of registration
25as hereinafter provided, shall be executed in duplicate.

 

 

09900SB1529ham002- 33 -LRB099 06102 MLM 49228 a

1    The registration record card shall contain the following
2and such other information as the county clerk may think it
3proper to require for the identification of the applicant for
4registration:
5    Name. The name of the applicant, giving surname and first
6or Christian name in full, and the middle name or the initial
7for such middle name, if any.
8    Sex.
9    Residence. The name and number of the street, avenue, or
10other location of the dwelling, including the apartment, unit
11or room number, if any, and in the case of a mobile home the lot
12number, and such additional clear and definite description as
13may be necessary to determine the exact location of the
14dwelling of the applicant, including post-office mailing
15address. In the case of a homeless individual, the individual's
16voting residence that is his or her mailing address shall be
17included on his or her registration record card.
18    Term of residence in the State of Illinois and the
19precinct. Which questions may be answered by the applicant
20stating, in excess of 30 days in the State and in excess of 30
21days in the precinct.
22    Nativity. The State or country in which the applicant was
23born.
24    Citizenship. Whether the applicant is native born or
25naturalized. If naturalized, the court, place and date of
26naturalization.

 

 

09900SB1529ham002- 34 -LRB099 06102 MLM 49228 a

1    Date of application for registration, i.e., the day, month
2and year when applicant presented himself for registration.
3    Age. Date of birth, by month, day and year.
4    Physical disability of the applicant, if any, at the time
5of registration, which would require assistance in voting.
6    The county and state in which the applicant was last
7registered.
8    Electronic mail address, if any.
9    Signature of voter. The applicant, after the registration
10and in the presence of a deputy registrar or other officer of
11registration shall be required to sign his or her name in ink
12or digitized form to the affidavit on the original and
13duplicate registration record card.
14    Signature of Deputy Registrar.
15    In case applicant is unable to sign his name, he may affix
16his mark to the affidavit. In such case the officer empowered
17to give the registration oath shall write a detailed
18description of the applicant in the space provided at the
19bottom of the card or sheet; and shall ask the following
20questions and record the answers thereto:
21    Father's first name .......................
22    Mother's first name .......................
23    From what address did you last register?
24    Reason for inability to sign name.
25    Each applicant for registration shall make an affidavit in
26substantially the following form:

 

 

09900SB1529ham002- 35 -LRB099 06102 MLM 49228 a

1
AFFIDAVIT OF REGISTRATION
2State of Illinois)
3                 )ss
4County of        )
5    I hereby swear (or affirm) that I am a citizen of the
6United States; that on the date of the next election I shall
7have resided in the State of Illinois and in the election
8precinct in which I reside 30 days; that I am fully qualified
9to vote. That I intend that this location shall be my residence
10and that the above statements are true.
11
..............................
12
(His or her signature or mark)
13    Subscribed and sworn to before me on (insert date).
14.........................................
15    Signature of Registration Officer.
16(To be signed in presence of Registrant.)
 
17    Space shall be provided upon the face of each registration
18record card for the notation of the voting record of the person
19registered thereon.
20    Each registration record card shall be numbered according
21to towns and precincts, wards, cities and villages, as the case
22may be, and may be serially or otherwise marked for
23identification in such manner as the county clerk may
24determine.
25    The registration cards shall be deemed public records and

 

 

09900SB1529ham002- 36 -LRB099 06102 MLM 49228 a

1shall be open to inspection during regular business hours,
2except during the 27 days immediately preceding any election.
3On written request of any candidate or objector or any person
4intending to object to a petition, the election authority shall
5extend its hours for inspection of registration cards and other
6records of the election authority during the period beginning
7with the filing of petitions under Sections 7-10, 8-8, 10-6 or
828-3 and continuing through the termination of electoral board
9hearings on any objections to petitions containing signatures
10of registered voters in the jurisdiction of the election
11authority. The extension shall be for a period of hours
12sufficient to allow adequate opportunity for examination of the
13records but the election authority is not required to extend
14its hours beyond the period beginning at its normal opening for
15business and ending at midnight. If the business hours are so
16extended, the election authority shall post a public notice of
17such extended hours. Registration record cards may also be
18inspected, upon approval of the officer in charge of the cards,
19during the 27 days immediately preceding any election.
20Registration record cards shall also be open to inspection by
21certified judges and poll watchers and challengers at the
22polling place on election day, but only to the extent necessary
23to determine the question of the right of a person to vote or
24to serve as a judge of election. At no time shall poll watchers
25or challengers be allowed to physically handle the registration
26record cards.

 

 

09900SB1529ham002- 37 -LRB099 06102 MLM 49228 a

1    Updated copies of computer tapes or computer discs or other
2electronic data processing information containing voter
3registration information shall be furnished by the county clerk
4within 10 days after December 15 and May 15 each year and
5within 10 days after each registration period is closed to the
6State Board of Elections in a form prescribed by the Board. For
7the purposes of this Section, a registration period is closed
827 days before the date of any regular or special election.
9Registration information shall include, but not be limited to,
10the following information: name, sex, residence, telephone
11number, if any, age, party affiliation, if applicable,
12precinct, ward, township, county, and representative,
13legislative and congressional districts. In the event of
14noncompliance, the State Board of Elections is directed to
15obtain compliance forthwith with this nondiscretionary duty of
16the election authority by instituting legal proceedings in the
17circuit court of the county in which the election authority
18maintains the registration information. The costs of
19furnishing updated copies of tapes or discs shall be paid at a
20rate of $.00034 per name of registered voters in the election
21jurisdiction, but not less than $50 per tape or disc and shall
22be paid from appropriations made to the State Board of
23Elections for reimbursement to the election authority for such
24purpose. The State Board shall furnish copies of such tapes,
25discs, other electronic data or compilations thereof to state
26political committees registered pursuant to the Illinois

 

 

09900SB1529ham002- 38 -LRB099 06102 MLM 49228 a

1Campaign Finance Act or the Federal Election Campaign Act and
2to governmental entities, at their request and at a reasonable
3cost. To protect the privacy and confidentiality of voter
4registration information, the disclosure of electronic voter
5registration records to any person or entity other than to a
6State or local political committee and other than to a
7governmental entity for a governmental purpose is specifically
8prohibited except as follows: subject to security measures
9adopted by the State Board of Elections which, at a minimum,
10shall include the keeping of a catalog or database, available
11for public view, including the name, address, and telephone
12number of the person viewing the list as well as the time of
13that viewing, any person may view the centralized statewide
14voter registration list on a computer screen at the Springfield
15office of the State Board of Elections, during normal business
16hours other than during the 27 days before an election, but the
17person viewing the list under this exception may not print,
18duplicate, transmit, or alter the list. Copies of the tapes,
19discs or other electronic data shall be furnished by the county
20clerk to local political committees and governmental entities
21at their request and at a reasonable cost. Reasonable cost of
22the tapes, discs, et cetera for this purpose would be the cost
23of duplication plus 15% for administration. The individual
24representing a political committee requesting copies of such
25tapes shall make a sworn affidavit that the information shall
26be used only for bona fide political purposes, including by or

 

 

09900SB1529ham002- 39 -LRB099 06102 MLM 49228 a

1for candidates for office or incumbent office holders. Such
2tapes, discs or other electronic data shall not be used under
3any circumstances by any political committee or individuals for
4purposes of commercial solicitation or other business
5purposes. If such tapes contain information on county residents
6related to the operations of county government in addition to
7registration information, that information shall not be used
8under any circumstances for commercial solicitation or other
9business purposes. The prohibition in this Section against
10using the computer tapes or computer discs or other electronic
11data processing information containing voter registration
12information for purposes of commercial solicitation or other
13business purposes shall be prospective only from the effective
14date of this amended Act of 1979. Any person who violates this
15provision shall be guilty of a Class 4 felony.
16    The State Board of Elections shall promulgate, by October
171, 1987, such regulations as may be necessary to ensure
18uniformity throughout the State in electronic data processing
19of voter registration information. The regulations shall
20include, but need not be limited to, specifications for uniform
21medium, communications protocol and file structure to be
22employed by the election authorities of this State in the
23electronic data processing of voter registration information.
24Each election authority utilizing electronic data processing
25of voter registration information shall comply with such
26regulations on and after May 15, 1988.

 

 

09900SB1529ham002- 40 -LRB099 06102 MLM 49228 a

1    If the applicant for registration was last registered in
2another county within this State, he shall also sign a
3certificate authorizing cancellation of the former
4registration. The certificate shall be in substantially the
5following form:
6To the County Clerk of .... County, Illinois. To the Election
7Commission of the City of ...., Illinois.
8    This is to certify that I am registered in your (county)
9(city) and that my residence was .....
10    Having moved out of your (county) (city), I hereby
11authorize you to cancel said registration in your office.
12Dated at .... Illinois, on (insert date).
13
....................
14
(Signature of Voter)
15
Attest ......, County Clerk, ........ County, Illinois.
16    The cancellation certificate shall be mailed immediately
17by the county clerk to the county clerk (or election commission
18as the case may be) where the applicant was formerly
19registered. Receipt of such certificate shall be full authority
20for cancellation of any previous registration.
21(Source: P.A. 98-115, eff. 10-1-13.)
 
22    (10 ILCS 5/5-28)  (from Ch. 46, par. 5-28)
23    Sec. 5-28. The original registration record cards shall
24remain permanently in the office of the county clerk or
25election authority except as destroyed as provided in Section

 

 

09900SB1529ham002- 41 -LRB099 06102 MLM 49228 a

15-6; shall be filed alphabetically without regard to precincts;
2and shall be known as the master file. The master file may be
3kept in a computer-based voter registration file or paper
4format, provided a secondary digital back-up is kept off site.
5The digital file shall be searchable and remain current with
6all registration activity conducted by the county clerk or
7election authority. The duplicate registration record cards
8shall constitute the official registry of voters for all
9elections and shall be filed by precincts and townships. The
10duplicate cards for use in conducting elections shall be
11delivered to the judges of election by the county clerk in a
12suitable binder or other device, which shall be locked and
13sealed in accordance with the directions to be given by the
14county clerk and shall also be suitably indexed for convenient
15use by the precinct officers. The precinct files shall be
16delivered to the judges of election for use at the polls for
17elections at the same time as the official ballots are
18delivered to them, and shall be returned to the county clerk by
19the judges of election within the time provided for the return
20of the official ballots. The county clerk shall determine the
21manner of return and delivery of such file.
22(Source: P.A. 80-1469.)
 
23    (10 ILCS 5/5-43)
24    Sec. 5-43. Computerization of voter records.
25    (a) The State Board of Elections shall design a

 

 

09900SB1529ham002- 42 -LRB099 06102 MLM 49228 a

1registration record card that, except as otherwise provided in
2this Section, shall be used in duplicate by all election
3authorities in the State adopting a computer-based voter
4registration file as provided in this Section. The Board shall
5prescribe the form and specifications, including but not
6limited to the weight of paper, color, and print of the cards.
7The cards shall contain boxes or spaces for the information
8required under Sections 5-7 and 5-28.1; provided that the cards
9shall also contain: (i) A space for the person to fill in his
10or her Illinois driver's license number if the person has a
11driver's license; (ii) A space for a person without a driver's
12license to fill in the last four digits of his or her social
13security number if the person has a social security number.
14    (b) The election authority may develop and implement a
15system to prepare, use, and maintain a computer-based voter
16registration file that includes a computer-stored image of the
17signature of each voter. The computer-based voter registration
18file may be used for all purposes for which the original
19registration cards are to be used, provided that a system for
20the storage of at least one copy of the original registration
21cards remains in effect. In the case of voter registration
22forms received via an online voter registration system, the
23original registration cards will include the signature
24received from the Secretary of State database. The electronic
25file shall be the master file.
26    (b-2) The election authority may develop and implement a

 

 

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1system to maintain registration cards in digital form using
2digitized signatures, which may be stored in a computer-based
3voter registration file under subsection (b) of this Section.
4The making and signing of any form, including an application to
5register and a certificate authorizing cancellation of a
6registration or authorizing a transfer of registration may be
7by a signature written in ink or by a digitized signature.
8    (c) Any system created, used, and maintained under
9subsection (b) of this Section shall meet the following
10standards:
11        (1) Access to any computer-based voter registration
12    file shall be limited to those persons authorized by the
13    election authority, and each access to the computer-based
14    voter registration file, other than an access solely for
15    inquiry, shall be recorded.
16        (2) No copy, summary, list, abstract, or index of any
17    computer-based voter registration file that includes any
18    computer-stored image of the signature of any registered
19    voter shall be made available to the public outside of the
20    offices of the election authority.
21        (3) Any copy, summary, list, abstract, or index of any
22    computer-based voter registration file that includes a
23    computer-stored image of the signature of a registered
24    voter shall be produced in such a manner that it cannot be
25    reproduced.
26        (4) Each person desiring to vote shall sign an

 

 

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1    application for a ballot, and the signature comparison
2    authorized in Articles 17 and 18 of this Code may be made
3    to a copy of the computer-stored image of the signature of
4    the registered voter.
5        (5) Any voter list produced from a computer-based voter
6    registration file that includes computer-stored images of
7    the signatures of registered voters and is used in a
8    polling place during an election shall be preserved by the
9    election authority in secure storage until the end of the
10    second calendar year following the election in which it was
11    used.
12    (d) Before the first election in which the election
13authority elects to use a voter list produced from the
14computer-stored images of the signatures of registered voters
15in a computer-based voter registration file for signature
16comparison in a polling place, the State Board of Elections
17shall certify that the system used by the election authority
18complies with the standards set forth in this Section. The
19State Board of Elections may request a sample poll list
20intended to be used in a polling place to test the accuracy of
21the list and the adequacy of the computer-stored images of the
22signatures of the registered voters.
23    (e) With respect to a jurisdiction that has copied all of
24its voter signatures into a computer-based registration file,
25all references in this Act or any other Act to the use, other
26than storage, of paper-based voter registration records shall

 

 

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1be deemed to refer to their computer-based equivalents.
2    (f) Nothing in this Section prevents an election authority
3from submitting to the State Board of Elections a duplicate
4copy of some, as the State Board of Elections shall determine,
5or all of the data contained in each voter registration record
6that is part of the electronic master file. The duplicate copy
7of the registration record shall be maintained by the State
8Board of Elections under the same terms and limitations
9applicable to the election authority and shall be of equal
10legal dignity with the original registration record maintained
11by the election authority as proof of any fact contained in the
12voter registration record.
13(Source: P.A. 98-115, eff. 7-29-13.)
 
14    (10 ILCS 5/6-35)  (from Ch. 46, par. 6-35)
15    Sec. 6-35. The Boards of Election Commissioners shall
16provide a sufficient number of blank forms for the registration
17of electors which shall be known as registration record cards
18and which shall consist of loose leaf sheets or cards, of
19suitable size to contain in plain writing and figures the data
20hereinafter required thereon or shall consist of computer cards
21of suitable nature to contain the data required thereon. The
22registration record cards, which shall include an affidavit of
23registration as hereinafter provided, shall be executed in
24duplicate. The duplicate of which may be a carbon copy of the
25original or a copy of the original made by the use of other

 

 

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1method or material used for making simultaneous true copies or
2duplications.
3    The registration record card shall contain the following
4and such other information as the Board of Election
5Commissioners may think it proper to require for the
6identification of the applicant for registration:
7    Name. The name of the applicant, giving surname and first
8or Christian name in full, and the middle name or the initial
9for such middle name, if any.
10    Sex.
11    Residence. The name and number of the street, avenue, or
12other location of the dwelling, including the apartment, unit
13or room number, if any, and in the case of a mobile home the lot
14number, and such additional clear and definite description as
15may be necessary to determine the exact location of the
16dwelling of the applicant, including post-office mailing
17address. In the case of a homeless individual, the individual's
18voting residence that is his or her mailing address shall be
19included on his or her registration record card.
20    Term of residence in the State of Illinois and the
21precinct.
22    Nativity. The state or country in which the applicant was
23born.
24    Citizenship. Whether the applicant is native born or
25naturalized. If naturalized, the court, place, and date of
26naturalization.

 

 

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1    Date of application for registration, i.e., the day, month
2and year when the applicant presented himself for registration.
3    Age. Date of birth, by month, day and year.
4    Physical disability of the applicant, if any, at the time
5of registration, which would require assistance in voting.
6    The county and state in which the applicant was last
7registered.
8    Electronic mail address, if any.
9    Signature of voter. The applicant, after registration and
10in the presence of a deputy registrar or other officer of
11registration shall be required to sign his or her name in ink
12or digitized form to the affidavit on both the original and the
13duplicate registration record card.
14    Signature of deputy registrar.
15    In case applicant is unable to sign his name, he may affix
16his mark to the affidavit. In such case the registration
17officer shall write a detailed description of the applicant in
18the space provided at the bottom of the card or sheet; and
19shall ask the following questions and record the answers
20thereto:
21    Father's first name .........................
22    Mother's first name .........................
23    From what address did you last register? ....
24    Reason for inability to sign name ...........
25    Each applicant for registration shall make an affidavit in
26substantially the following form:

 

 

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1
AFFIDAVIT OF REGISTRATION
2State of Illinois  )
3                   )ss
4County of .......  )
5    I hereby swear (or affirm) that I am a citizen of the
6United States, that on the day of the next election I shall
7have resided in the State of Illinois and in the election
8precinct 30 days and that I intend that this location is my
9residence; that I am fully qualified to vote, and that the
10above statements are true.
11
..............................
12
(His or her signature or mark)
13    Subscribed and sworn to before me on (insert date).
14......................................
15    Signature of registration officer
16(to be signed in presence of registrant).
17    Space shall be provided upon the face of each registration
18record card for the notation of the voting record of the person
19registered thereon.
20    Each registration record card shall be numbered according
21to wards or precincts, as the case may be, and may be serially
22or otherwise marked for identification in such manner as the
23Board of Election Commissioners may determine.
24    The registration cards shall be deemed public records and
25shall be open to inspection during regular business hours,
26except during the 27 days immediately preceding any election.

 

 

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1On written request of any candidate or objector or any person
2intending to object to a petition, the election authority shall
3extend its hours for inspection of registration cards and other
4records of the election authority during the period beginning
5with the filing of petitions under Sections 7-10, 8-8, 10-6 or
628-3 and continuing through the termination of electoral board
7hearings on any objections to petitions containing signatures
8of registered voters in the jurisdiction of the election
9authority. The extension shall be for a period of hours
10sufficient to allow adequate opportunity for examination of the
11records but the election authority is not required to extend
12its hours beyond the period beginning at its normal opening for
13business and ending at midnight. If the business hours are so
14extended, the election authority shall post a public notice of
15such extended hours. Registration record cards may also be
16inspected, upon approval of the officer in charge of the cards,
17during the 27 days immediately preceding any election.
18Registration record cards shall also be open to inspection by
19certified judges and poll watchers and challengers at the
20polling place on election day, but only to the extent necessary
21to determine the question of the right of a person to vote or
22to serve as a judge of election. At no time shall poll watchers
23or challengers be allowed to physically handle the registration
24record cards.
25    Updated copies of computer tapes or computer discs or other
26electronic data processing information containing voter

 

 

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1registration information shall be furnished by the Board of
2Election Commissioners within 10 days after December 15 and May
315 each year and within 10 days after each registration period
4is closed to the State Board of Elections in a form prescribed
5by the State Board. For the purposes of this Section, a
6registration period is closed 27 days before the date of any
7regular or special election. Registration information shall
8include, but not be limited to, the following information:
9name, sex, residence, telephone number, if any, age, party
10affiliation, if applicable, precinct, ward, township, county,
11and representative, legislative and congressional districts.
12In the event of noncompliance, the State Board of Elections is
13directed to obtain compliance forthwith with this
14nondiscretionary duty of the election authority by instituting
15legal proceedings in the circuit court of the county in which
16the election authority maintains the registration information.
17The costs of furnishing updated copies of tapes or discs shall
18be paid at a rate of $.00034 per name of registered voters in
19the election jurisdiction, but not less than $50 per tape or
20disc and shall be paid from appropriations made to the State
21Board of Elections for reimbursement to the election authority
22for such purpose. The State Board shall furnish copies of such
23tapes, discs, other electronic data or compilations thereof to
24state political committees registered pursuant to the Illinois
25Campaign Finance Act or the Federal Election Campaign Act and
26to governmental entities, at their request and at a reasonable

 

 

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1cost. To protect the privacy and confidentiality of voter
2registration information, the disclosure of electronic voter
3registration records to any person or entity other than to a
4State or local political committee and other than to a
5governmental entity for a governmental purpose is specifically
6prohibited except as follows: subject to security measures
7adopted by the State Board of Elections which, at a minimum,
8shall include the keeping of a catalog or database, available
9for public view, including the name, address, and telephone
10number of the person viewing the list as well as the time of
11that viewing, any person may view the centralized statewide
12voter registration list on a computer screen at the Springfield
13office of the State Board of Elections, during normal business
14hours other than during the 27 days before an election, but the
15person viewing the list under this exception may not print,
16duplicate, transmit, or alter the list. Copies of the tapes,
17discs or other electronic data shall be furnished by the Board
18of Election Commissioners to local political committees and
19governmental entities at their request and at a reasonable
20cost. Reasonable cost of the tapes, discs, et cetera for this
21purpose would be the cost of duplication plus 15% for
22administration. The individual representing a political
23committee requesting copies of such tapes shall make a sworn
24affidavit that the information shall be used only for bona fide
25political purposes, including by or for candidates for office
26or incumbent office holders. Such tapes, discs or other

 

 

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1electronic data shall not be used under any circumstances by
2any political committee or individuals for purposes of
3commercial solicitation or other business purposes. If such
4tapes contain information on county residents related to the
5operations of county government in addition to registration
6information, that information shall not be used under any
7circumstances for commercial solicitation or other business
8purposes. The prohibition in this Section against using the
9computer tapes or computer discs or other electronic data
10processing information containing voter registration
11information for purposes of commercial solicitation or other
12business purposes shall be prospective only from the effective
13date of this amended Act of 1979. Any person who violates this
14provision shall be guilty of a Class 4 felony.
15    The State Board of Elections shall promulgate, by October
161, 1987, such regulations as may be necessary to ensure
17uniformity throughout the State in electronic data processing
18of voter registration information. The regulations shall
19include, but need not be limited to, specifications for uniform
20medium, communications protocol and file structure to be
21employed by the election authorities of this State in the
22electronic data processing of voter registration information.
23Each election authority utilizing electronic data processing
24of voter registration information shall comply with such
25regulations on and after May 15, 1988.
26    If the applicant for registration was last registered in

 

 

09900SB1529ham002- 53 -LRB099 06102 MLM 49228 a

1another county within this State, he shall also sign a
2certificate authorizing cancellation of the former
3registration. The certificate shall be in substantially the
4following form:
5To the County Clerk of .... County, Illinois.
6To the Election Commission of the City of ...., Illinois.
7    This is to certify that I am registered in your (county)
8(city) and that my residence was ..... Having moved out of your
9(county), (city), I hereby authorize you to cancel that
10registration in your office.
11    Dated at ...., Illinois, on (insert date).
12
....................
13
(Signature of Voter)
14    Attest ...., Clerk, Election Commission of the City of....,
15Illinois.
16    The cancellation certificate shall be mailed immediately
17by the clerk of the Election Commission to the county clerk,
18(or Election Commission as the case may be) where the applicant
19was formerly registered. Receipt of such certificate shall be
20full authority for cancellation of any previous registration.
21(Source: P.A. 98-115, eff. 10-1-13.)
 
22    (10 ILCS 5/6-65)  (from Ch. 46, par. 6-65)
23    Sec. 6-65.
24    The duplicate registration record cards shall remain
25permanently in the office of the Board of Election

 

 

09900SB1529ham002- 54 -LRB099 06102 MLM 49228 a

1Commissioners; shall be filed alphabetically without regard to
2wards or precincts; and shall be known as the master file. The
3master file may be kept in a computer-based voter registration
4file or paper format, provided a secondary digital back-up is
5kept off site. The digital file shall be searchable and remain
6current with all registration activity conducted by the Board
7of Election Commissioners. The original registration record
8cards shall constitute the official precinct registry of
9voters; shall be filed by wards and precincts; and shall be
10known as the precinct file. The original cards shall be
11delivered to the judges of election by the Board of Election
12Commissioners in a suitable binder or other device, which shall
13be locked and sealed in accordance with directions to be given
14by the Board of Election Commissioners and shall also be
15suitably indexed for convenient use by the precinct officers.
16The precinct files shall be delivered to the precinct officers
17for use at the polls, on the day of election and shall be
18returned to the Board of Election Commissioners immediately
19after the close of the polls. The board shall determine by
20rules the manner of delivery and return to such file. At all
21other times the precinct file shall be retained at the office
22of the Board of Election Commissioners except for such use of
23it as may be made under this Article with respect to
24registration not at the office of the Board of Election
25Commissioners.
26(Source: P.A. 78-934.)
 

 

 

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1    (10 ILCS 5/6-79)
2    Sec. 6-79. Computerization of voter records.
3    (a) The State Board of Elections shall design a
4registration record card that, except as otherwise provided in
5this Section, shall be used in duplicate by all election
6authorities in the State adopting a computer-based voter
7registration file as provided in this Section. The Board shall
8prescribe the form and specifications, including but not
9limited to the weight of paper, color, and print of the cards.
10The cards shall contain boxes or spaces for the information
11required under Sections 6-31.1 and 6-35; provided that the
12cards shall also contain: (i) A space for the person to fill in
13his or her Illinois driver's license number if the person has a
14driver's license; (ii) A space for a person without a driver's
15license to fill in the last four digits of his or her social
16security number if the person has a social security number.
17    (b) The election authority may develop and implement a
18system to prepare, use, and maintain a computer-based voter
19registration file that includes a computer-stored image of the
20signature of each voter. The computer-based voter registration
21file may be used for all purposes for which the original
22registration cards are to be used, provided that a system for
23the storage of at least one copy of the original registration
24cards remains in effect. In the case of voter registration
25forms received via an online voter registration system, the

 

 

09900SB1529ham002- 56 -LRB099 06102 MLM 49228 a

1original registration cards will include the signature
2received from the Secretary of State database. The electronic
3file shall be the master file.
4    (b-2) The election authority may develop and implement a
5system to maintain registration cards in digital form using
6digitized signatures, which may be stored in a computer-based
7voter registration file under subsection (b) of this Section.
8The making and signing of any form, including an application to
9register and a certificate authorizing cancellation of a
10registration or authorizing a transfer of registration may be
11by a signature written in ink or by a digitized signature.
12    (c) Any system created, used, and maintained under
13subsection (b) of this Section shall meet the following
14standards:
15        (1) Access to any computer-based voter registration
16    file shall be limited to those persons authorized by the
17    election authority, and each access to the computer-based
18    voter registration file, other than an access solely for
19    inquiry, shall be recorded.
20        (2) No copy, summary, list, abstract, or index of any
21    computer-based voter registration file that includes any
22    computer-stored image of the signature of any registered
23    voter shall be made available to the public outside of the
24    offices of the election authority.
25        (3) Any copy, summary, list, abstract, or index of any
26    computer-based voter registration file that includes a

 

 

09900SB1529ham002- 57 -LRB099 06102 MLM 49228 a

1    computer-stored image of the signature of a registered
2    voter shall be produced in such a manner that it cannot be
3    reproduced.
4        (4) Each person desiring to vote shall sign an
5    application for a ballot, and the signature comparison
6    authorized in Articles 17 and 18 of this Code may be made
7    to a copy of the computer-stored image of the signature of
8    the registered voter.
9        (5) Any voter list produced from a computer-based voter
10    registration file that includes computer-stored images of
11    the signatures of registered voters and is used in a
12    polling place during an election shall be preserved by the
13    election authority in secure storage until the end of the
14    second calendar year following the election in which it was
15    used.
16    (d) Before the first election in which the election
17authority elects to use a voter list produced from the
18computer-stored images of the signatures of registered voters
19in a computer-based voter registration file for signature
20comparison in a polling place, the State Board of Elections
21shall certify that the system used by the election authority
22complies with the standards set forth in this Section. The
23State Board of Elections may request a sample poll list
24intended to be used in a polling place to test the accuracy of
25the list and the adequacy of the computer-stored images of the
26signatures of the registered voters.

 

 

09900SB1529ham002- 58 -LRB099 06102 MLM 49228 a

1    (e) With respect to a jurisdiction that has copied all of
2its voter signatures into a computer-based registration file,
3all references in this Act or any other Act to the use, other
4than storage, of paper-based voter registration records shall
5be deemed to refer to their computer-based equivalents.
6    (f) Nothing in this Section prevents an election authority
7from submitting to the State Board of Elections a duplicate
8copy of some, as the State Board of Elections shall determine,
9or all of the data contained in each voter registration record
10that is part of the electronic master file. The duplicate copy
11of the registration record shall be maintained by the State
12Board of Elections under the same terms and limitations
13applicable to the election authority and shall be of equal
14legal dignity with the original registration record maintained
15by the election authority as proof of any fact contained in the
16voter registration record.
17(Source: P.A. 98-115, eff. 7-29-13.)
 
18    (10 ILCS 5/9-3)  (from Ch. 46, par. 9-3)
19    Sec. 9-3. Political committee statement of organization.
20    (a) Every political committee shall file with the State
21Board of Elections a statement of organization within 10
22business days of the creation of such committee, except any
23political committee created within the 30 days before an
24election shall file a statement of organization within 2
25business days in person, by facsimile transmission, or by

 

 

09900SB1529ham002- 59 -LRB099 06102 MLM 49228 a

1electronic mail. Any change in information previously
2submitted in a statement of organization shall be reported, as
3required for the original statement of organization by this
4Section, within 10 days following that change. A political
5committee that acts as both a state political committee and a
6local political committee shall file a copy of each statement
7of organization with the State Board of Elections and the
8county clerk. The Board shall impose a civil penalty of $50 per
9business day upon political committees for failing to file or
10late filing of a statement of organization. Such penalties
11shall not exceed $5,000, and shall not exceed $10,000 for
12statewide office political committees. There shall be no fine
13if the statement is mailed and postmarked at least 72 hours
14prior to the filing deadline.
15    In addition to the civil penalties authorized by this
16Section, the State Board of Elections or any other political
17committee may apply to the circuit court for a temporary
18restraining order or a preliminary or permanent injunction
19against the political committee to cease the expenditure of
20funds and to cease operations until the statement of
21organization is filed.
22    For the purpose of this Section, "statewide office" means
23the Governor, Lieutenant Governor, Secretary of State,
24Attorney General, State Treasurer, and State Comptroller.
25    (b) The statement of organization shall include:
26        (1) the name and address of the political committee and

 

 

09900SB1529ham002- 60 -LRB099 06102 MLM 49228 a

1    the designation required by Section 9-2;
2        (2) the scope, area of activity, party affiliation, and
3    purposes of the political committee;
4        (3) the name, address, and position of each custodian
5    of the committee's books and accounts;
6        (4) the name, address, and position of the committee's
7    principal officers, including the chairman, treasurer, and
8    officers and members of its finance committee, if any;
9        (5) the name and address of any sponsoring entity;
10        (6) a statement of what specific disposition of
11    residual fund will be made in the event of the dissolution
12    or termination of the committee;
13        (7) a listing of all banks or other financial
14    institutions, safety deposit boxes, and any other
15    repositories or custodians of funds used by the committee;
16    and
17        (8) the amount of funds available for campaign
18    expenditures as of the filing date of the committee's
19    statement of organization.
20    For purposes of this Section, a "sponsoring entity" is (i)
21any person, organization, corporation, or association that
22contributes at least 33% of the total funding of the political
23committee or (ii) any person or other entity that is registered
24or is required to register under the Lobbyist Registration Act
25and contributes at least 33% of the total funding of the
26political committee.

 

 

09900SB1529ham002- 61 -LRB099 06102 MLM 49228 a

1    (c) Each statement of organization required to be filed in
2accordance with this Section shall be verified, dated, and
3signed by either the treasurer of the political committee
4making the statement or the candidate on whose behalf the
5statement is made and shall contain substantially the following
6verification:
7
"VERIFICATION:
8    I declare that this statement of organization (including
9any accompanying schedules and statements) has been examined by
10me and, to the best of my knowledge and belief, is a true,
11correct, and complete statement of organization as required by
12Article 9 of the Election Code. I understand that willfully
13filing a false or incomplete statement is subject to a civil
14penalty of at least $1,001 and up to $5,000.
15................  ..........................................
16(date of filing) (signature of person making the statement)". 
17    (d) The statement of organization for a ballot initiative
18committee also shall include a verification signed by the
19chairperson of the committee that (i) the committee is formed
20for the purpose of supporting or opposing a question of public
21policy, (ii) all contributions and expenditures of the
22committee will be used for the purpose described in the
23statement of organization, (iii) the committee may accept
24unlimited contributions from any source, provided that the
25ballot initiative committee does not make contributions or
26expenditures in support of or opposition to a candidate or

 

 

09900SB1529ham002- 62 -LRB099 06102 MLM 49228 a

1candidates for nomination for election, election, or
2retention, and (iv) failure to abide by these requirements
3shall deem the committee in violation of this Article.
4    (d-5) The statement of organization for an independent
5expenditure committee also shall include a verification signed
6by the chairperson of the committee that (i) the committee is
7formed for the exclusive purpose of making independent
8expenditures, (ii) all contributions and expenditures of the
9committee will be used for the purpose described in the
10statement of organization, (iii) the committee may accept
11unlimited contributions from any source, provided that the
12independent expenditure committee does not make contributions
13to any candidate political committee, political party
14committee, or political action committee, and (iv) failure to
15abide by these requirements shall deem the committee in
16violation of this Article.
17    (e) For purposes of implementing the changes made by this
18amendatory Act of the 96th General Assembly, every political
19committee in existence on the effective date of this amendatory
20Act of the 96th General Assembly shall file the statement
21required by this Section with the Board by December 31, 2010.
22(Source: P.A. 96-832, eff. 7-1-10; 97-766, eff. 7-6-12.)
 
23    (10 ILCS 5/10-6)  (from Ch. 46, par. 10-6)
24    Sec. 10-6. Time and manner of filing. Certificates of
25nomination and nomination papers for the nomination of

 

 

09900SB1529ham002- 63 -LRB099 06102 MLM 49228 a

1candidates for offices to be filled by electors of the entire
2State, or any district not entirely within a county, or for
3congressional, state legislative or judicial offices, shall be
4presented to the principal office of the State Board of
5Elections not more than 141 nor less than 134 days previous to
6the day of election for which the candidates are nominated. The
7State Board of Elections shall endorse the certificates of
8nomination or nomination papers, as the case may be, and the
9date and hour of presentment to it. Except as otherwise
10provided in this section, all other certificates for the
11nomination of candidates shall be filed with the county clerk
12of the respective counties not more than 141 but at least 134
13days previous to the day of such election. Certificates of
14nomination and nomination papers for the nomination of
15candidates for school district offices to be filled at
16consolidated elections shall be filed with the county clerk or
17county board of election commissioners of the county election
18authority in which the principal office of the school district
19is located not more than 113 nor less than 106 days before the
20consolidated election. Certificates of nomination and
21nomination papers for the nomination of candidates for the
22other offices of political subdivisions to be filled at regular
23elections other than the general election shall be filed with
24the local election official of such subdivision:
25        (1) (Blank);
26        (2) not more than 113 nor less than 106 days prior to

 

 

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1    the consolidated election; or
2        (3) not more than 113 nor less than 106 days prior to
3    the general primary in the case of municipal offices to be
4    filled at the general primary election; or
5        (4) not more than 99 nor less than 92 days before the
6    consolidated primary in the case of municipal offices to be
7    elected on a nonpartisan basis pursuant to law (including
8    without limitation, those municipal offices subject to
9    Articles 4 and 5 of the Municipal Code); or
10        (5) not more than 113 nor less than 106 days before the
11    municipal primary in even numbered years for such
12    nonpartisan municipal offices where annual elections are
13    provided; or
14        (6) in the case of petitions for the office of
15    multi-township assessor, such petitions shall be filed
16    with the election authority not more than 113 nor less than
17    106 days before the consolidated election.
18    However, where a political subdivision's boundaries are
19co-extensive with or are entirely within the jurisdiction of a
20municipal board of election commissioners, the certificates of
21nomination and nomination papers for candidates for such
22political subdivision offices shall be filed in the office of
23such Board.
24(Source: P.A. 98-691, eff. 7-1-14.)
 
25    (10 ILCS 5/19-3)  (from Ch. 46, par. 19-3)

 

 

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1    Sec. 19-3. The application for vote by mail ballot shall be
2substantially in the following form:
3
APPLICATION FOR VOTE BY MAIL BALLOT
4    To be voted at the .... election in the County of .... and
5State of Illinois, in the .... precinct of the (1) *township of
6.... (2) *City of .... or (3) *.... ward in the City of ....
7    I state that I am a resident of the .... precinct of the
8(1) *township of .... (2) *City of .... or (3) *.... ward in
9the city of .... residing at .... in such city or town in the
10county of .... and State of Illinois; that I have lived at such
11address for .... month(s) last past; that I am lawfully
12entitled to vote in such precinct at the .... election to be
13held therein on ....; and that I wish to vote by vote by mail
14ballot.
15    I hereby make application for an official ballot or ballots
16to be voted by me at such election, and I agree that I shall
17return such ballot or ballots to the official issuing the same
18prior to the closing of the polls on the date of the election
19or, if returned by mail, postmarked no later than midnight
20preceding election day, for counting no later than during the
21period for counting provisional ballots, the last day of which
22is the 14th day following election day.
23    I understand that this application is made for an official
24vote by mail ballot or ballots to be voted by me at the
25election specified in this application and that I must submit a
26separate application for an official vote by mail ballot or

 

 

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1ballots to be voted by me at any subsequent election.
2    Under penalties as provided by law pursuant to Section
329-10 of The Election Code, the undersigned certifies that the
4statements set forth in this application are true and correct.
5
....
6
*fill in either (1), (2) or (3).
7
Post office address to which ballot is mailed:
8...............
9    However, if application is made for a primary election
10ballot, such application shall require the applicant to
11designate the name of the political party with which the
12applicant is affiliated.
13    If application is made electronically, the applicant shall
14mark the box associated with the above described statement
15included as part of the online application certifying that the
16statements set forth in this application are true and correct,
17and a signature is not required.
18    Any person may produce, reproduce, distribute, or return to
19an election authority the application for vote by mail ballot.
20Upon receipt, the appropriate election authority shall accept
21and promptly process any application for vote by mail ballot
22submitted in a form substantially similar to that required by
23this Section, including any substantially similar production
24or reproduction generated by the applicant.
25(Source: P.A. 97-766, eff. 7-6-12; 98-115, eff. 7-29-13;
2698-1171, eff. 6-1-15.)
 

 

 

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1    (10 ILCS 5/19-4)   (from Ch. 46, par. 19-4)
2    Sec. 19-4. Mailing or delivery of ballots; time.
3Immediately upon the receipt of such application either by mail
4or electronic means, not more than 90 days nor less than 5 days
5prior to such election, or by personal delivery not more than
690 days nor less than one day prior to such election, at the
7office of such election authority, it shall be the duty of such
8election authority to examine the records to ascertain whether
9or not such applicant is lawfully entitled to vote as
10requested, including a verification of the applicant's
11signature by comparison with the signature on the official
12registration record card, and if found so to be entitled to
13vote, to post within one business day thereafter the name,
14street address, ward and precinct number or township and
15district number, as the case may be, of such applicant given on
16a list, the pages of which are to be numbered consecutively to
17be kept by such election authority for such purpose in a
18conspicuous, open and public place accessible to the public at
19the entrance of the office of such election authority, and in
20such a manner that such list may be viewed without necessity of
21requesting permission therefor. Within one day after posting
22the name and other information of an applicant for a vote by
23mail ballot, the election authority shall transmit by
24electronic means pursuant to a process established by the State
25Board of Elections that name and other posted information to

 

 

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1the State Board of Elections, which shall maintain those names
2and other information in an electronic format on its website,
3arranged by county and accessible to State and local political
4committees. Within 2 business days after posting a name and
5other information on the list within its office, but no sooner
6than 40 days before an election, the election authority shall
7mail, postage prepaid, or deliver in person in such office an
8official ballot or ballots if more than one are to be voted at
9said election. Mail delivery of Temporarily Absent Student
10ballot applications pursuant to Section 19-12.3 shall be by
11nonforwardable mail. However, for the consolidated election,
12vote by mail ballots for certain precincts may be delivered to
13applicants not less than 25 days before the election if so much
14time is required to have prepared and printed the ballots
15containing the names of persons nominated for offices at the
16consolidated primary. The election authority shall enclose
17with each vote by mail ballot or application written
18instructions on how voting assistance shall be provided
19pursuant to Section 17-14 and a document, written and approved
20by the State Board of Elections, informing the vote by mail
21voter of the required postage for returning the application and
22ballot, and enumerating the circumstances under which a person
23is authorized to vote by vote by mail ballot pursuant to this
24Article; such document shall also include a statement informing
25the applicant that if he or she falsifies or is solicited by
26another to falsify his or her eligibility to cast a vote by

 

 

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1mail ballot, such applicant or other is subject to penalties
2pursuant to Section 29-10 and Section 29-20 of the Election
3Code. Each election authority shall maintain a list of the
4name, street address, ward and precinct, or township and
5district number, as the case may be, of all applicants who have
6returned vote by mail ballots to such authority, and the name
7of such vote by mail voter shall be added to such list within
8one business day from receipt of such ballot. If the vote by
9mail ballot envelope indicates that the voter was assisted in
10casting the ballot, the name of the person so assisting shall
11be included on the list. The list, the pages of which are to be
12numbered consecutively, shall be kept by each election
13authority in a conspicuous, open, and public place accessible
14to the public at the entrance of the office of the election
15authority and in a manner that the list may be viewed without
16necessity of requesting permission for viewing.
17    Each election authority shall maintain a list for each
18election of the voters to whom it has issued vote by mail
19ballots. The list shall be maintained for each precinct within
20the jurisdiction of the election authority. Prior to the
21opening of the polls on election day, the election authority
22shall deliver to the judges of election in each precinct the
23list of registered voters in that precinct to whom vote by mail
24ballots have been issued by mail.
25    Each election authority shall maintain a list for each
26election of voters to whom it has issued temporarily absent

 

 

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1student ballots. The list shall be maintained for each election
2jurisdiction within which such voters temporarily abide.
3Immediately after the close of the period during which
4application may be made by mail or electronic means for vote by
5mail ballots, each election authority shall mail to each other
6election authority within the State a certified list of all
7such voters temporarily abiding within the jurisdiction of the
8other election authority.
9    In the event that the return address of an application for
10ballot by a physically incapacitated elector is that of a
11facility licensed or certified under the Nursing Home Care Act,
12the Specialized Mental Health Rehabilitation Act of 2013, the
13ID/DD Community Care Act, or the MC/DD Act, within the
14jurisdiction of the election authority, and the applicant is a
15registered voter in the precinct in which such facility is
16located, the ballots shall be prepared and transmitted to a
17responsible judge of election no later than 9 a.m. on the
18Friday, Saturday, Sunday, or Monday immediately preceding the
19election as designated by the election authority under Section
2019-12.2. Such judge shall deliver in person on the designated
21day the ballot to the applicant on the premises of the facility
22from which application was made. The election authority shall
23by mail notify the applicant in such facility that the ballot
24will be delivered by a judge of election on the designated day.
25    All applications for vote by mail ballots shall be
26available at the office of the election authority for public

 

 

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1inspection upon request from the time of receipt thereof by the
2election authority until 30 days after the election, except
3during the time such applications are kept in the office of the
4election authority pursuant to Section 19-7, and except during
5the time such applications are in the possession of the judges
6of election.
7(Source: P.A. 98-104, eff. 7-22-13; 98-115, eff. 7-29-13;
898-756, eff. 7-16-14; 98-1171, eff. 6-1-15; 99-180, eff.
97-29-15.)
 
10    (10 ILCS 5/19-8)  (from Ch. 46, par. 19-8)
11    Sec. 19-8. Time and place of counting ballots.
12    (a) (Blank.)
13    (b) Each vote by mail voter's ballot returned to an
14election authority, by any means authorized by this Article,
15and received by that election authority before the closing of
16the polls on election day shall be endorsed by the receiving
17election authority with the day and hour of receipt and may be
18processed by the election authority beginning on the 15th day
19before election day it is received by the election authority in
20the central ballot counting location of the election authority,
21but the results of the processing may not be counted until the
22day of the election after 7:00 p.m., except as provided in
23subsections (g) and (g-5).
24    (c) Each vote by mail voter's ballot that is mailed to an
25election authority and postmarked no later than election day,

 

 

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1but that is received by the election authority after the polls
2close on election day and before the close of the period for
3counting provisional ballots cast at that election, shall be
4endorsed by the receiving authority with the day and hour of
5receipt and shall be counted at the central ballot counting
6location of the election authority during the period for
7counting provisional ballots.
8    Each vote by mail voter's ballot that is mailed to an
9election authority absent a postmark or a barcode usable with
10an intelligent mail barcode tracking system, but that is
11received by the election authority after the polls close on
12election day and before the close of the period for counting
13provisional ballots cast at that election, shall be endorsed by
14the receiving authority with the day and hour of receipt,
15opened to inspect the date inserted on the certification, and,
16if the certification date is a date preceding the election day
17or earlier and the ballot is otherwise found to be valid under
18the requirements of this Section, counted at the central ballot
19counting location of the election authority during the period
20for counting provisional ballots. Absent a date on the
21certification, the ballot shall not be counted.
22    If an election authority is using an intelligent mail
23barcode tracking system, a ballot that is mailed to an election
24authority absent a postmark may be counted if the intelligent
25mail barcode tracking system verifies the envelope was mailed
26no later than election day.

 

 

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1    (d) Special write-in vote by mail voter's blank ballots
2returned to an election authority, by any means authorized by
3this Article, and received by the election authority at any
4time before the closing of the polls on election day shall be
5endorsed by the receiving election authority with the day and
6hour of receipt and shall be counted at the central ballot
7counting location of the election authority during the same
8period provided for counting vote by mail voters' ballots under
9subsections (b), (g), and (g-5). Special write-in vote by mail
10voter's blank ballots that are mailed to an election authority
11and postmarked no later than election day, but that are
12received by the election authority after the polls close on
13election day and before the closing of the period for counting
14provisional ballots cast at that election, shall be endorsed by
15the receiving authority with the day and hour of receipt and
16shall be counted at the central ballot counting location of the
17election authority during the same periods provided for
18counting vote by mail voters' ballots under subsection (c).
19    (e) Except as otherwise provided in this Section, vote by
20mail voters' ballots and special write-in vote by mail voter's
21blank ballots received by the election authority after the
22closing of the polls on an election day shall be endorsed by
23the election authority receiving them with the day and hour of
24receipt and shall be safely kept unopened by the election
25authority for the period of time required for the preservation
26of ballots used at the election, and shall then, without being

 

 

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1opened, be destroyed in like manner as the used ballots of that
2election.
3    (f) Counting required under this Section to begin on
4election day after the closing of the polls shall commence no
5later than 8:00 p.m. and shall be conducted by a panel or
6panels of election judges appointed in the manner provided by
7law. The counting shall continue until all vote by mail voters'
8ballots and special write-in vote by mail voter's blank ballots
9required to be counted on election day have been counted.
10    (g) The procedures set forth in Articles 17 and 18 of this
11Code shall apply to all ballots counted under this Section. In
12addition, within 2 days after a vote by mail ballot is
13received, but in all cases before the close of the period for
14counting provisional ballots, the election judge or official
15shall compare the voter's signature on the certification
16envelope of that vote by mail ballot with the signature of the
17voter on file in the office of the election authority. If the
18election judge or official determines that the 2 signatures
19match, and that the vote by mail voter is otherwise qualified
20to cast a vote by mail ballot, the election authority shall
21cast and count the ballot on election day or the day the ballot
22is determined to be valid, whichever is later, adding the
23results to the precinct in which the voter is registered. If
24the election judge or official determines that the signatures
25do not match, or that the vote by mail voter is not qualified
26to cast a vote by mail ballot, then without opening the

 

 

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1certification envelope, the judge or official shall mark across
2the face of the certification envelope the word "Rejected" and
3shall not cast or count the ballot.
4    In addition to the voter's signatures not matching, a vote
5by mail ballot may be rejected by the election judge or
6official:
7        (1) if the ballot envelope is open or has been opened
8    and resealed;
9        (2) if the voter has already cast an early or grace
10    period ballot;
11        (3) if the voter voted in person on election day or the
12    voter is not a duly registered voter in the precinct; or
13        (4) on any other basis set forth in this Code.
14    If the election judge or official determines that any of
15these reasons apply, the judge or official shall mark across
16the face of the certification envelope the word "Rejected" and
17shall not cast or count the ballot.
18    (g-5) If a vote by mail ballot is rejected by the election
19judge or official for any reason, the election authority shall,
20within 2 days after the rejection but in all cases before the
21close of the period for counting provisional ballots, notify
22the vote by mail voter that his or her ballot was rejected. The
23notice shall inform the voter of the reason or reasons the
24ballot was rejected and shall state that the voter may appear
25before the election authority, on or before the 14th day after
26the election, to show cause as to why the ballot should not be

 

 

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1rejected. The voter may present evidence to the election
2authority supporting his or her contention that the ballot
3should be counted. The election authority shall appoint a panel
4of 3 election judges to review the contested ballot,
5application, and certification envelope, as well as any
6evidence submitted by the vote by mail voter. No more than 2
7election judges on the reviewing panel shall be of the same
8political party. The reviewing panel of election judges shall
9make a final determination as to the validity of the contested
10vote by mail ballot. The judges' determination shall not be
11reviewable either administratively or judicially.
12    A vote by mail ballot subject to this subsection that is
13determined to be valid shall be counted before the close of the
14period for counting provisional ballots.
15    (g-10) All vote by mail ballots determined to be valid
16shall be added to the vote totals for the precincts for which
17they were cast in the order in which the ballots were opened.
18    (h) Each political party, candidate, and qualified civic
19organization shall be entitled to have present one pollwatcher
20for each panel of election judges therein assigned.
21(Source: P.A. 98-1171, eff. 6-1-15.)
 
22    (10 ILCS 5/20-2)  (from Ch. 46, par. 20-2)
23    Sec. 20-2. Any member of the United States Service,
24otherwise qualified to vote, who expects in the course of his
25duties to be absent from the county in which he resides on the

 

 

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1day of holding any election may make application for a vote by
2mail ballot to the election authority having jurisdiction over
3his precinct of residence on the official postcard or on a form
4furnished by the election authority as prescribed by Section
520-3 of this Article not less than 10 days before the election.
6A request pursuant to this Section shall entitle the applicant
7to a vote by mail ballot for every election in one calendar
8year. The original application for ballot shall be kept in the
9office of the election authority for one year as authorization
10to send a ballot to the voter for each election to be held
11within that calendar year. A certified copy of such application
12for ballot shall be sent each election with the vote by mail
13ballot to the election authority's central ballot counting
14location to be used in lieu of the original application for
15ballot. No registration shall be required in order to vote
16pursuant to this Section.
17    Ballots under this Section shall be mailed by the election
18authority in the manner prescribed by Section 20-5 of this
19Article and not otherwise. Ballots voted under this Section
20must be returned postmarked no later than midnight preceding
21election day and received for counting at the central ballot
22counting location of the election authority during the period
23for counting provisional ballots, the last day of which is the
2414th day following election day.
25(Source: P.A. 98-1171, eff. 6-1-15.)
 

 

 

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1    (10 ILCS 5/20-2.1)  (from Ch. 46, par. 20-2.1)
2    Sec. 20-2.1. Citizens of the United States temporarily
3residing outside the territorial limits of the United States
4who are not registered but otherwise qualified to vote and who
5expect to be absent from their county of residence during the
6periods of voter registration provided for in Articles 4, 5 or
76 of this Code and on the day of holding any election, may make
8simultaneous application to the election authority having
9jurisdiction over their precinct of residence for registration
10by mail and vote by mail ballot not less than 30 days before
11the election. Such application may be made on the official
12postcard or on a form furnished by the election authority as
13prescribed by Section 20-3 of this Article or by facsimile or
14electronic transmission. A request pursuant to this Section
15shall entitle the applicant to a vote by mail ballot for every
16election in one calendar year. The original application for
17ballot shall be kept in the office of the election authority
18for one year as authorization to send a ballot to the voter for
19each election to be held within that calendar year. A certified
20copy of such application for ballot shall be sent each election
21with the vote by mail ballot to the election authority's
22central ballot counting location to be used in lieu of the
23original application for ballot.
24    Registration shall be required in order to vote pursuant to
25this Section. However, if the election authority receives one
26of such applications after 30 days but not less than 10 days

 

 

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1before a Federal election, said applicant shall be sent a
2ballot containing the Federal offices only and registration for
3that election shall be waived.
4    Ballots under this Section shall be delivered by the
5election authority in the manner prescribed by Section 20-5 of
6this Article in person, by mail, or, if requested by the
7applicant and the election authority has the capability, by
8facsimile transmission or by electronic transmission.
9    Ballots voted under this Section must be returned
10postmarked no later than midnight preceding election day and
11received for counting at the central ballot counting location
12of the election authority during the period for counting
13provisional ballots, the last day of which is the 14th day
14following election day.
15(Source: P.A. 98-1171, eff. 6-1-15.)
 
16    (10 ILCS 5/20-2.2)  (from Ch. 46, par. 20-2.2)
17    Sec. 20-2.2. Any non-resident civilian citizen, otherwise
18qualified to vote, may make application to the election
19authority having jurisdiction over his precinct of former
20residence for a vote by mail ballot containing the Federal
21offices only not less than 10 days before a Federal election.
22Such application may be made on the official postcard or by
23facsimile or electronic transmission. A request pursuant to
24this Section shall entitle the applicant to a vote by mail
25ballot for every election in one calendar year at which Federal

 

 

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1offices are filled. The original application for ballot shall
2be kept in the office of the election authority for one year as
3authorization to send a ballot to the voter for each election
4to be held within that calendar year at which Federal offices
5are filled. A certified copy of such application for ballot
6shall be sent each election with the vote by mail ballot to the
7election authority's central ballot counting location to be
8used in lieu of the original application for ballot. No
9registration shall be required in order to vote pursuant to
10this Section. Ballots under this Section shall be delivered by
11the election authority in the manner prescribed by Section 20-5
12of this Article in person, by mail, or, if requested by the
13applicant and the election authority has the capability, by
14facsimile transmission or by electronic transmission. Ballots
15voted under this Section must be returned postmarked no later
16than midnight preceding election day and received for counting
17at the central ballot counting location of the election
18authority during the period for counting provisional ballots,
19the last day of which is the 14th day following election day.
20(Source: P.A. 98-1171, eff. 6-1-15.)
 
21    (10 ILCS 5/20-2.3)  (from Ch. 46, par. 20-2.3)
22    Sec. 20-2.3. Members of the Armed Forces and their spouses
23and dependents. Any member of the United States Armed Forces
24while on active duty, and his or her spouse and dependents,
25otherwise qualified to vote, who expects in the course of his

 

 

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1or her duties to be absent from the county in which he or she
2resides on the day of holding any election, in addition to any
3other method of making application for vote by mail ballot
4under this Article, may make application for a vote by mail
5ballot to the election authority having jurisdiction over his
6or her precinct of residence by a facsimile machine or
7electronic transmission not less than 10 days before the
8election.
9    Ballots under this Section shall be delivered by the
10election authority in the manner prescribed by Section 20-5 of
11this Article in person, by mail, or, if requested by the
12applicant and the election authority has the capability, by
13facsimile transmission or by electronic transmission. Ballots
14voted under this Section must be returned postmarked no later
15than midnight preceding election day and received for counting
16at the central ballot counting location of the election
17authority during the period for counting provisional ballots,
18the last day of which is the 14th day following election day.
19(Source: P.A. 98-1171, eff. 6-1-15.)
 
20    (10 ILCS 5/20-3)  (from Ch. 46, par. 20-3)
21    Sec. 20-3. The election authority shall furnish the
22following applications for registration by mail or vote by mail
23ballot which shall be considered a method of application in
24lieu of the official postcard.
25    1. Members of the United States Service, citizens of the

 

 

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1United States temporarily residing outside the territorial
2limits of the United States, and certified program participants
3under the Address Confidentiality for Victims of Domestic
4Violence Act may make application within the periods prescribed
5in Sections 20-2 or 20-2.1, as the case may be. Such
6application shall be substantially in the following form:
7
"APPLICATION FOR BALLOT
8    To be voted at the............ election in the precinct in
9which is located my residence at..............., in the
10city/village/township of ............(insert home address)
11County of........... and State of Illinois.
12    I state that I am a citizen of the United States; that on
13(insert date of election) I shall have resided in the State of
14Illinois and in the election precinct for 30 days; that on the
15above date I shall be the age of 18 years or above; that I am
16lawfully entitled to vote in such precinct at that election;
17that I am (check category 1, 2, or 3 below):
18    1.  ( ) a member of the United States Service,
19    2.  ( ) a citizen of the United States temporarily residing
20outside the territorial limits of the United States and that I
21expect to be absent from the said county of my residence on the
22date of holding such election, and that I will have no
23opportunity to vote in person on that day.
24    3.  ( ) a certified program participant under the Address
25Confidentiality for Victims of Domestic Violence Act.
26    I hereby make application for an official ballot or ballots

 

 

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1to be voted by me at such election if I am absent from the said
2county of my residence, and I agree that I shall return said
3ballot or ballots to the election authority postmarked no later
4than midnight preceding election day, for counting no later
5than during the period for counting provisional ballots, the
6last day of which is the 14th day following election day or
7shall destroy said ballot or ballots.
8    (Check below only if category 2 or 3 and not previously
9registered)
10    (  ) I hereby make application to become registered as a
11voter and agree to return the forms and affidavits for
12registration to the election authority not later than 30 days
13before the election.
14    Under penalties as provided by law pursuant to Article 29
15of The Election Code, the undersigned certifies that the
16statements set forth in this application are true and correct.
17
.........................
18    Post office address or service address to which
19registration materials or ballot should be mailed
20
.........................
21
.........................
22
.........................
23
........................"
24    If application is made for a primary election ballot, such
25application shall designate the name of the political party
26with which the applicant is affiliated.

 

 

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1    Such applications may be obtained from the election
2authority having jurisdiction over the person's precinct of
3residence.
4    2. A spouse or dependent of a member of the United States
5Service, said spouse or dependent being a registered voter in
6the county, may make application on behalf of said person in
7the office of the election authority within the periods
8prescribed in Section 20-2 which shall be substantially in the
9following form:
10"APPLICATION FOR BALLOT to be voted at the........... election
11in the precinct in which is located the residence of the person
12for whom this application is made at.............(insert
13residence address) in the city/village/township of.........
14County of.......... and State of Illinois.
15    I certify that the following named person................
16(insert name of person) is a member of the United States
17Service.
18    I state that said person is a citizen of the United States;
19that on (insert date of election) said person shall have
20resided in the State of Illinois and in the election precinct
21for which this application is made for 30 days; that on the
22above date said person shall be the age of 18 years or above;
23that said person is lawfully entitled to vote in such precinct
24at that election; that said person is a member of the United
25States Service, and that in the course of his duties said
26person expects to be absent from his county of residence on the

 

 

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1date of holding such election, and that said person will have
2no opportunity to vote in person on that day.
3    I hereby make application for an official ballot or ballots
4to be voted by said person at such election and said person
5agrees that he shall return said ballot or ballots to the
6election authority postmarked no later than midnight preceding
7election day, for counting no later than during the period for
8counting provisional ballots, the last day of which is the 14th
9day following election day, or shall destroy said ballot or
10ballots.
11    I hereby certify that I am the (mother, father, sister,
12brother, husband or wife) of the said elector, and that I am a
13registered voter in the election precinct for which this
14application is made. (Strike all but one that is applicable.)
15    Under penalties as provided by law pursuant to Article 29
16of The Election Code, the undersigned certifies that the
17statements set forth in this application are true and correct.
18
Name of applicant ......................
19
Residence address ........................
20
City/village/township........................
21    Service address to which ballot should be mailed:
22
.........................
23
.........................
24
.........................
25
........................"
26    If application is made for a primary election ballot, such

 

 

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1application shall designate the name of the political party
2with which the person for whom application is made is
3affiliated.
4    Such applications may be obtained from the election
5authority having jurisdiction over the voting precinct in which
6the person for whom application is made is entitled to vote.
7(Source: P.A. 98-1171, eff. 6-1-15.)
 
8    (10 ILCS 5/20-8)  (from Ch. 46, par. 20-8)
9    Sec. 20-8. Time and place of counting ballots.
10    (a) (Blank.)
11    (b) Each vote by mail voter's ballot returned to an
12election authority, by any means authorized by this Article,
13and received by that election authority may be processed by the
14election authority beginning on the 15th day before election
15day it is received by the election authority in the central
16ballot counting location of the election authority, but the
17results of the processing may not be counted until the day of
18the election after 7:00 p.m., except as provided in subsections
19(g) and (g-5).
20    (c) Each vote by mail voter's ballot that is mailed to an
21election authority and postmarked no later than election day,
22but that is received by the election authority after the polls
23close on election day and before the close of the period for
24counting provisional ballots cast at that election, shall be
25endorsed by the receiving authority with the day and hour of

 

 

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1receipt and shall be counted at the central ballot counting
2location of the election authority during the period for
3counting provisional ballots.
4    Each vote by mail voter's ballot that is mailed to an
5election authority absent a postmark or a barcode usable with
6an intelligent mail barcode tracking system, but that is
7received by the election authority after the polls close on
8election day and before the close of the period for counting
9provisional ballots cast at that election, shall be endorsed by
10the receiving authority with the day and hour of receipt,
11opened to inspect the date inserted on the certification, and,
12if the certification date is a date preceding the election day
13or earlier and the ballot is otherwise found to be valid under
14the requirements of this Section, counted at the central ballot
15counting location of the election authority during the period
16for counting provisional ballots. Absent a date on the
17certification, the ballot shall not be counted.
18    If an election authority is using an intelligent mail
19barcode tracking system, a ballot that is mailed to an election
20authority absent a postmark may be counted if the intelligent
21mail barcode tracking system verifies the envelope was mailed
22no later than election day.
23    (d) Special write-in vote by mail voter's blank ballots
24returned to an election authority, by any means authorized by
25this Article, and received by the election authority at any
26time before the closing of the polls on election day shall be

 

 

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1endorsed by the receiving election authority with the day and
2hour of receipt and shall be counted at the central ballot
3counting location of the election authority during the same
4period provided for counting vote by mail voters' ballots under
5subsections (b), (g), and (g-5). Special write-in vote by mail
6voter's blank ballot that are mailed to an election authority
7and postmarked no later than by midnight preceding the opening
8of the polls on election day, but that are received by the
9election authority after the polls close on election day and
10before the closing of the period for counting provisional
11ballots cast at that election, shall be endorsed by the
12receiving authority with the day and hour of receipt and shall
13be counted at the central ballot counting location of the
14election authority during the same periods provided for
15counting vote by mail voters' ballots under subsection (c).
16    (e) Except as otherwise provided in this Section, vote by
17mail voters' ballots and special write-in vote by mail voter's
18blank ballots received by the election authority after the
19closing of the polls on the day of election shall be endorsed
20by the person receiving the ballots with the day and hour of
21receipt and shall be safely kept unopened by the election
22authority for the period of time required for the preservation
23of ballots used at the election, and shall then, without being
24opened, be destroyed in like manner as the used ballots of that
25election.
26    (f) Counting required under this Section to begin on

 

 

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1election day after the closing of the polls shall commence no
2later than 8:00 p.m. and shall be conducted by a panel or
3panels of election judges appointed in the manner provided by
4law. The counting shall continue until all vote by mail voters'
5ballots and special write-in vote by mail voter's blank ballots
6required to be counted on election day have been counted.
7    (g) The procedures set forth in Articles 17 and 18 of this
8Code shall apply to all ballots counted under this Section. In
9addition, within 2 days after a ballot subject to this Article
10is received, but in all cases before the close of the period
11for counting provisional ballots, the election judge or
12official shall compare the voter's signature on the
13certification envelope of that ballot with the signature of the
14voter on file in the office of the election authority. If the
15election judge or official determines that the 2 signatures
16match, and that the voter is otherwise qualified to cast a
17ballot under this Article, the election authority shall cast
18and count the ballot on election day or the day the ballot is
19determined to be valid, whichever is later, adding the results
20to the precinct in which the voter is registered. If the
21election judge or official determines that the signatures do
22not match, or that the voter is not qualified to cast a ballot
23under this Article, then without opening the certification
24envelope, the judge or official shall mark across the face of
25the certification envelope the word "Rejected" and shall not
26cast or count the ballot.

 

 

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1    In addition to the voter's signatures not matching, a
2ballot subject to this Article may be rejected by the election
3judge or official:
4        (1) if the ballot envelope is open or has been opened
5    and resealed;
6        (2) if the voter has already cast an early or grace
7    period ballot;
8        (3) if the voter voted in person on election day or the
9    voter is not a duly registered voter in the precinct; or
10        (4) on any other basis set forth in this Code.
11    If the election judge or official determines that any of
12these reasons apply, the judge or official shall mark across
13the face of the certification envelope the word "Rejected" and
14shall not cast or count the ballot.
15    (g-5) If a ballot subject to this Article is rejected by
16the election judge or official for any reason, the election
17authority shall, within 2 days after the rejection but in all
18cases before the close of the period for counting provisional
19ballots, notify the voter that his or her ballot was rejected.
20The notice shall inform the voter of the reason or reasons the
21ballot was rejected and shall state that the voter may appear
22before the election authority, on or before the 14th day after
23the election, to show cause as to why the ballot should not be
24rejected. The voter may present evidence to the election
25authority supporting his or her contention that the ballot
26should be counted. The election authority shall appoint a panel

 

 

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1of 3 election judges to review the contested ballot,
2application, and certification envelope, as well as any
3evidence submitted by the vote by mail voter. No more than 2
4election judges on the reviewing panel shall be of the same
5political party. The reviewing panel of election judges shall
6make a final determination as to the validity of the contested
7ballot. The judges' determination shall not be reviewable
8either administratively or judicially.
9    A ballot subject to this subsection that is determined to
10be valid shall be counted before the close of the period for
11counting provisional ballots.
12    (g-10) All ballots determined to be valid shall be added to
13the vote totals for the precincts for which they were cast in
14the order in which the ballots were opened.
15    (h) Each political party, candidate, and qualified civic
16organization shall be entitled to have present one pollwatcher
17for each panel of election judges therein assigned.
18(Source: P.A. 98-1171, eff. 6-1-15.)
 
19    (10 ILCS 5/20-10)  (from Ch. 46, par. 20-10)
20    Sec. 20-10. Pollwatchers shall be permitted to be present
21during the casting of the vote by mail voters' ballots, each
22political party, candidate and qualified civic organization
23shall be entitled to have present one pollwatcher for each
24panel of election judges therein assigned. Such pollwatchers
25shall be subject to the same provisions as are provided for

 

 

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1pollwatchers in Sections 7-34 and 17-23 of this Code, and shall
2be permitted to observe the election judges making the
3signature comparison between that which is on the ballot
4envelope and that which is on the permanent voter registration
5record card taken from the master file and the vote of any vote
6by mail voter may be challenged for cause the same as if he
7were present and voted in person, and the judges of the
8election or a majority thereof shall have power and authority
9to hear and determine the legality of such ballot; Provided,
10however, that if a challenge to any vote by mail voter's right
11to vote is sustained, notice of the same must be given by the
12judges of election by mail addressed to the voter's mailing
13address as stated in the certification and application for
14ballot.
15(Source: P.A. 98-1171, eff. 6-1-15.)
 
16    (10 ILCS 5/24C-12)
17    Sec. 24C-12. Procedures for Counting and Tallying of
18Ballots. In an election jurisdiction where a Direct Recording
19Electronic Voting System is used, the following procedures for
20counting and tallying the ballots shall apply:
21    Before the opening of the polls, the judges of elections
22shall assemble the voting equipment and devices and turn the
23equipment on. The judges shall, if necessary, take steps to
24activate the voting devices and counting equipment by inserting
25into the equipment and voting devices appropriate data cards

 

 

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1containing passwords and data codes that will select the proper
2ballot formats selected for that polling place and that will
3prevent inadvertent or unauthorized activation of the
4poll-opening function. Before voting begins and before ballots
5are entered into the voting devices, the judges of election
6shall cause to be printed a record of the following: the
7election's identification data, the device's unit
8identification, the ballot's format identification, the
9contents of each active candidate register by office and of
10each active public question register showing that they contain
11all zero votes, all ballot fields that can be used to invoke
12special voting options, and other information needed to ensure
13the readiness of the equipment and to accommodate
14administrative reporting requirements. The judges must also
15check to be sure that the totals are all zeros in the counting
16columns and in the public counter affixed to the voting
17devices.
18    After the judges have determined that a person is qualified
19to vote, a voting device with the proper ballot to which the
20voter is entitled shall be enabled to be used by the voter. The
21ballot may then be cast by the voter by marking by appropriate
22means the designated area of the ballot for the casting of a
23vote for any candidate or for or against any public question.
24The voter shall be able to vote for any and all candidates and
25public measures appearing on the ballot in any legal number and
26combination and the voter shall be able to delete, change or

 

 

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1correct his or her selections before the ballot is cast. The
2voter shall be able to select candidates whose names do not
3appear upon the ballot for any office by entering
4electronically as many names of candidates as the voter is
5entitled to select for each office.
6    Upon completing his or her selection of candidates or
7public questions, the voter shall signify that voting has been
8completed by activating the appropriate button, switch or
9active area of the ballot screen associated with end of voting.
10Upon activation, the voting system shall record an image of the
11completed ballot, increment the proper ballot position
12registers, and shall signify to the voter that the ballot has
13been cast. Upon activation, the voting system shall also print
14a permanent paper record of each ballot cast as defined in
15Section 24C-2 of this Code. This permanent paper record shall
16(i) be printed in a clear, readily readable format that can be
17easily reviewed by the voter for completeness and accuracy and
18(ii) either be self-contained within the voting device or be
19deposited by the voter into a secure ballot box. No permanent
20paper record shall be removed from the polling place except by
21election officials as authorized by this Article. All permanent
22paper records shall be preserved and secured by election
23officials in the same manner as paper ballots and shall be
24available as an official record for any recount, redundant
25count, or verification or retabulation of the vote count
26conducted with respect to any election in which the voting

 

 

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1system is used. The voter shall exit the voting station and the
2voting system shall prevent any further attempt to vote until
3it has been properly re-activated. If a voting device has been
4enabled for voting but the voter leaves the polling place
5without casting a ballot, 2 judges of election, one from each
6of the 2 major political parties, shall spoil the ballot.
7    Throughout the election day and before the closing of the
8polls, no person may check any vote totals for any candidate or
9public question on the voting or counting equipment. Such
10equipment shall be programmed so that no person may reset the
11equipment for reentry of ballots unless provided the proper
12code from an authorized representative of the election
13authority.
14    The precinct judges of election shall check the public
15register to determine whether the number of ballots counted by
16the voting equipment agrees with the number of voters voting as
17shown by the applications for ballot. If the same do not agree,
18the judges of election shall immediately contact the offices of
19the election authority in charge of the election for further
20instructions. If the number of ballots counted by the voting
21equipment agrees with the number of voters voting as shown by
22the application for ballot, the number shall be listed on the
23"Statement of Ballots" form provided by the election authority.
24    The totals for all candidates and propositions shall be
25tabulated. One copy of an "In-Precinct Totals Report" shall be
26generated by the automatic tabulating equipment for return to

 

 

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1the election authority. One copy of an "In-Precinct Totals
2Report" shall be generated and posted in a conspicuous place
3inside the polling place, provided that any authorized
4pollwatcher or other official authorized to be present in the
5polling place to observe the counting of ballots is present.
6The judges of election shall provide, if requested, a set for
7each authorized pollwatcher or other official authorized to be
8present in the polling place to observe the counting of
9ballots. In addition, sufficient time shall be provided by the
10judges of election to the pollwatchers to allow them to copy
11information from the copy which has been posted.
12    Until December 31, 2019 2015, in elections at which
13fractional cumulative votes are cast for candidates, the
14tabulation of those fractional cumulative votes may be made by
15the election authority at its central office location, and 4
16copies of a "Certificate of Results" shall be printed by the
17automatic tabulation equipment and shall be posted in 4
18conspicuous places at the central office location where those
19fractional cumulative votes have been tabulated.
20    If instructed by the election authority, the judges of
21election shall cause the tabulated returns to be transmitted
22electronically to the offices of the election authority via
23modem or other electronic medium.
24    The precinct judges of election shall select a bi-partisan
25team of 2 judges, who shall immediately return the ballots in a
26sealed container, along with all other election materials and

 

 

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1equipment as instructed by the election authority; provided,
2however, that such container must first be sealed by the
3election judges with filament tape or other approved sealing
4devices provided for the purpose in a manner that the ballots
5cannot be removed from the container without breaking the seal
6or filament tape and disturbing any signatures affixed by the
7election judges to the container. The election authority shall
8keep the office of the election authority, or any receiving
9stations designated by the authority, open for at least 12
10consecutive hours after the polls close or until the ballots
11and election material and equipment from all precincts within
12the jurisdiction of the election authority have been returned
13to the election authority. Ballots and election materials and
14equipment returned to the office of the election authority
15which are not signed and sealed as required by law shall not be
16accepted by the election authority until the judges returning
17the ballots make and sign the necessary corrections. Upon
18acceptance of the ballots and election materials and equipment
19by the election authority, the judges returning the ballots
20shall take a receipt signed by the election authority and
21stamped with the time and date of the return. The election
22judges whose duty it is to return any ballots and election
23materials and equipment as provided shall, in the event the
24ballots, materials or equipment cannot be found when needed, on
25proper request, produce the receipt which they are to take as
26above provided.

 

 

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1(Source: P.A. 96-1549, eff. 3-10-11; 97-766, eff. 7-6-12.)
 
2    (10 ILCS 5/29-5)  (from Ch. 46, par. 29-5)
3    Sec. 29-5. Voting more than once. Any person who, having
4voted once, knowingly during any election on the same election
5day where the ballot or machine lists any of the same
6candidates and issues listed on the ballot or machine
7previously used for voting by that person, (a) files an
8application to vote in the same or another polling place, or
9(b) accepts a ballot or enters a voting machine (except to
10legally give assistance pursuant to the provisions of this
11Code), shall be guilty of a Class 3 felony; however, if a
12person has delivered a ballot or ballots to an election
13authority as a vote by mail voter and due to a change of
14circumstances is able to and does vote in the precinct of his
15residence on election day, shall not be deemed to be in
16violation of this Code.
17(Source: P.A. 98-1171, eff. 6-1-15.)
 
18    (10 ILCS 5/20-6 rep.)
19    Section 10. The Election Code is amended by repealing
20Section 20-6.
 
21    Section 15. The Township Code is amended by changing
22Section 45-20 as follows:
 

 

 

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1    (60 ILCS 1/45-20)
2    Sec. 45-20. Caucus result; filing nomination papers;
3certifying candidates.
4    (a) The township central committee shall canvass and
5declare the result of the caucus.
6    (b) The chairman of the township central committee shall,
7not more than 113 nor less than 106 days before the township
8election, file nomination papers as provided in this Section.
9The nomination papers shall consist of (i) a certification by
10the chairman of the names of all candidates for office in the
11township nominated at the caucus and (ii) a statement of
12candidacy by each candidate in the form prescribed in the
13general election law. The nomination papers shall be filed in
14the office of the township clerk, except that if the township
15is entirely within the corporate limits of a city, village, or
16incorporated town under the jurisdiction of a board of election
17commissioners, the nomination papers shall be filed in the
18office of the board of election commissioners instead of the
19township clerk.
20    (c) The township clerk shall certify the candidates so
21nominated to the proper election authorities not less than 68
2261 days before the township election. The election shall be
23conducted in accordance with the general election law.
24(Source: P.A. 97-81, eff. 7-5-11.)
 
25    Section 20. The School Code is amended by changing Section

 

 

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19-10 as follows:
 
2    (105 ILCS 5/9-10)  (from Ch. 122, par. 9-10)
3    Sec. 9-10. Candidates for office - Nominating petitions.
4Candidates for the office of school director shall be nominated
5by petition signed by at least 25 voters or 5% of the voters,
6whichever is less, residing within the district and filed with
7the county clerk or the county board of election commissioners,
8as the case may be, of the county in which the principal office
9of the school district is located.
10    Nominations for members of boards of education, including
11non-high school boards of education shall be made by a petition
12signed by at least 50 voters or 10% of the voters, whichever is
13less, residing within the district and shall be filed with the
14county clerk or the county board of election commissioners, as
15the case may be, of the county in which the principal office of
16the school district is located. In addition to the requirements
17of the general election law, the form of such petitions shall
18be substantially as follows:
19
NOMINATING PETITIONS
20
(LEAVE OUT THE INAPPLICABLE PART.)
21    To the (County Clerk or County Board of Election
22Commissioners) .... of .... County:
23    We the undersigned, being (.... or more) (or 10% or more)
24(or 5% or more) of the voters residing within said district,
25hereby petition that .... who resides at .... in the (city or

 

 

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1village) of .... in Township .... (or who resides outside any
2city, village or incorporated town and in Township ....) in
3said district shall be a candidate for the office of .... of
4the board of education (or board of directors) (full term)
5(vacancy) to be voted for at the election to be held on (insert
6date).
7    Name: .................. Address: ...................
 
8    In the designation of the name of a candidate on a petition
9for nomination, the candidate's given name or names, initial or
10initials, a nickname by which the candidate is commonly known,
11or a combination thereof may be used in addition to the
12candidate's surname. If a candidate has changed his or her
13name, whether by a statutory or common law procedure in
14Illinois or any other jurisdiction, within 3 years before the
15last day for filing the petition, then (i) the candidate's name
16on the petition must be followed by "formerly known as (list
17all prior names during the 3-year period) until name changed on
18(list date of each such name change)" and (ii) the petition
19must be accompanied by the candidate's affidavit stating the
20candidate's previous names during the period specified in
21clause (i) and the date or dates each of those names was
22changed; failure to meet these requirements shall be grounds
23for denying certification of the candidate's name for the
24ballot, but these requirements do not apply to name changes
25resulting from adoption to assume an adoptive parent's or

 

 

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1parents' surname, marriage to assume a spouse's surname, or
2dissolution of marriage or declaration of invalidity of
3marriage to assume a former surname. No other designation, such
4as a political slogan, as defined by Section 7-17 of the
5Election Code, title or degree, or nickname suggesting or
6implying possession of a title, degree or professional status,
7or similar information may be used in connection with the
8candidate's surname.
9    Nomination papers filed under this Section are not valid
10unless the candidate named therein files with the county clerk
11or the county board of election commissioners, as the case may
12be, of the county in which the principal office of the school
13district is located a receipt from the county clerk showing
14that the candidate has filed a statement of economic interests
15as required by the Illinois Governmental Ethics Act. Such
16receipt shall be so filed either previously during the calendar
17year in which his nomination papers were filed or within the
18period for the filing of nomination papers in accordance with
19the general election law.
20    All petitions for the nomination of members of a board of
21education shall be filed with the county clerk or the county
22board of election commissioners, as the case may be, of the
23county in which the principal office of the school district is
24located within the time provided for by the general election
25law. The county clerk or the county board of election
26commissioners shall receive and file only those petitions which

 

 

09900SB1529ham002- 103 -LRB099 06102 MLM 49228 a

1include a statement of candidacy, the required number of voter
2signatures, the notarized signature of the petition circulator
3and a receipt from the County Clerk showing that the candidate
4has filed a statement of economic interest on or before the
5last day to file as required by the Illinois Governmental
6Ethics Act. The county clerk or the county board of election
7commissioners may have petition forms available for issuance to
8potential candidates, and may give notice of the petition
9filing period by publication in a newspaper of general
10circulation within the school district not less than 10 days
11prior to the first day of filing. The county clerk or the
12county board of election commissioners shall make
13certification to the proper election authorities in accordance
14with the general election law.
15    The county clerk or the county board of election
16commissioners, as the case may be, of the county in which the
17principal office of the school district is located shall notify
18the candidates for whom a petition for nomination is filed or
19the appropriate committee of the obligations under the Campaign
20Financing Act as provided in the general election law. Such
21notice shall be given on a form prescribed by the State Board
22of Elections and in accordance with the requirements of the
23general election law. The county clerk or county board of
24election commissioners shall within 7 days of filing or on the
25last day for filing, whichever is earlier, acknowledge to the
26petitioner in writing the office's acceptance of the petition.

 

 

09900SB1529ham002- 104 -LRB099 06102 MLM 49228 a

1    A candidate for membership on the board of education or for
2office as a school director, who has petitioned for nomination
3to fill a full term and to fill a vacant term to be voted upon
4at the same election, must withdraw his or her petition for
5nomination from either the full term or the vacant term by
6written declaration.
7    In all newly organized districts the petition for the
8nomination of candidates for members of the board of education
9at the first election shall be addressed to and filed with the
10regional superintendent of schools in the manner herein
11specified for the petitions for members of a board of
12education. For such election the regional superintendent shall
13fulfill all duties otherwise assigned to the secretary of the
14board of education.
15(Source: P.A. 98-115, eff. 7-29-13.)
 
16    Section 99. Effective date. This Act takes effect upon
17becoming law.".