96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB1334

 

Introduced 2/18/2009, by Rep. Mike Boland

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Amends the Election Code. Provides for the use of mail-in ballots for the consolidated election held in 2011. Provides that the election authority shall mail ballots to each registered voter not more than 40 nor less than 5 days before the date of the election. Establishes procedures for the return of the ballots. Provides for the delivery of ballots to the judges of election. Provides for the casting of mail-in ballots. Provides that the State Board of Elections shall adopt rules and procedures for the implementation of the use of mail-in ballots within 270 days after the effective date of the bill. Requires the State Board to report to the General Assembly on the problems and successes of conducting elections with mail-in ballots. Contains other provisions. Amends the State Mandates Act to require implementation without reimbursement. Effective immediately.


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A BILL FOR

 

HB1334 LRB096 03862 JAM 13896 b

1     AN ACT concerning elections.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Election Code is amended by changing
5 Sections 4-11, 11-7, 12-1, 12-4, 13-1, 13-2, 14-1, 14-3.1,
6 16-5, 17-1, 24A-6, and 24B-6 and adding the Article 19B heading
7 and Sections 19B-5, 19B-10, 19B-15, 19B-20, 19B-25, 19B-30,
8 19B-35, 19B-40, 19B-45, 19B-50, 19B-55, and 19B-60 as follows:
 
9     (10 ILCS 5/4-11)  (from Ch. 46, par. 4-11)
10     Sec. 4-11. Subject to the provisions of Article 19B, at
11 least 2 weeks prior to the general November election in each
12 even numbered year and the consolidated election in each
13 odd-numbered year the county clerk shall cause a list to be
14 made for each precinct of all names upon the registration
15 record cards not marked or erased, in alphabetical order, with
16 the address, provided, that such list may be arranged
17 geographically, by street and number, in numerical order, with
18 respect to all precincts in which all, or substantially all
19 residences of voters therein shall be located upon and numbered
20 along streets, avenues, courts, or other highways which are
21 either named or numbered, upon direction either of the county
22 board or of the circuit court. On the list, the county clerk
23 shall indicate, by italics, asterisk, or other means, the names

 

 

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1 of all persons who have registered since the last regularly
2 scheduled election in the consolidated schedule of elections
3 established in Section 2A-1.1 of this Act. The county clerk
4 shall cause such precinct lists to be printed or typed in
5 sufficient numbers to meet all reasonable demands, and upon
6 application a copy of the same shall be given to any person
7 applying therefor. By such time, the county clerk shall give
8 the precinct lists to the chairman of a county central
9 committee of an established political party, as such party is
10 defined in Section 10-2 of this Act, or to the chairman's duly
11 authorized representative. Within 30 days of the effective date
12 of this Amendatory Act of 1983, the county clerk shall give the
13 precinct lists compiled prior to the general November election
14 of 1982 to the chairman of county central committee of an
15 established political party or to the chairman's duly
16 authorized representative.
17     Prior to the opening of the polls for other elections, the
18 county clerk shall transmit or deliver to the judges of
19 election of each polling place a corrected list of registered
20 voters in the precinct, or the names of persons added to and
21 erased or withdrawn from the list for such precinct. At other
22 times such list, currently corrected, shall be kept available
23 for public inspection in the office of the county clerk.
24     Within 60 days after each general election the county clerk
25 shall indicate by italics, asterisk, or other means, on the
26 list of registered voters in each precinct, each registrant who

 

 

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1 voted at that general election, and shall provide a copy of
2 such list to the chairman of the county central committee of
3 each established political party or to the chairman's duly
4 authorized representative.
5     Within 60 days after the effective date of this amendatory
6 Act of 1983, the county clerk shall indicate by italics,
7 asterisk, or other means, on the list of registered voters in
8 each precinct, each registrant who voted at the general
9 election of 1982, and shall provide a copy of such coded list
10 to the chairman of the county central committee of each
11 established political party or to the chairman's duly
12 authorized representative.
13     The county clerk may charge a fee to reimburse the actual
14 cost of duplicating each copy of a list provided under either
15 of the 2 preceding paragraphs.
16 (Source: P.A. 90-358, eff. 1-1-98.)
 
17     (10 ILCS 5/11-7)  (from Ch. 46, par. 11-7)
18     Sec. 11-7. For the purpose of the conduct of any
19 consolidated election, consolidated primary election, special
20 municipal primary election or emergency referendum, an
21 election authority may cluster up to four contiguous precincts
22 as provided in this Section, which shall constitute a clustered
23 voting zone. The common polling place for the clustered voting
24 zone shall be located within the territory comprising the
25 clustered precincts. Unless the election authority specifies a

 

 

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1 larger number, only one election judge shall be appointed for
2 each of the precincts in each clustered voting zone. The use of
3 clustered voting zones in consolidated elections shall be
4 subject to the provisions of Article 19B regarding mail-in
5 ballots.
6     The judges so appointed may not all be affiliated with the
7 same political party.
8     The conduct of an election in a clustered voting zone shall
9 be under the general supervision of all the judges of election
10 designated to serve in the clustered voting zone. The
11 designated judges may perform the duties of election judges for
12 the entire clustered voting zone. However, the requirements of
13 Section 17-14 shall apply to voter assistance, the requirements
14 of Section 24-10 shall apply to voter instruction, the
15 requirement of Section 24A-10 shall apply to examination of
16 absentee ballots, and any disputes as to entitlement to vote,
17 challenges, counting of ballots or other matters pertaining
18 directly to voting shall be decided by those designated judges
19 appointed for the precinct in which the affected voter resides
20 or the disputed vote is to be counted.
21     This Section does not apply to any elections in
22 municipalities with more than 1,000,000 inhabitants.
23 (Source: P.A. 90-358, eff. 1-1-98.)
 
24     (10 ILCS 5/12-1)  (from Ch. 46, par. 12-1)
25     Sec. 12-1. At least 60 days prior to each general and

 

 

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1 consolidated election, the election authority shall provide
2 public notice, calculated to reach elderly and handicapped
3 voters, of the availability of registration and voting aids
4 under the Federal Voting Accessibility for the Elderly and
5 Handicapped Act, of the availability of assistance in marking
6 the ballot, the procedures for using mail-in ballots in
7 elections subject to Article 19B, procedures for voting by
8 absentee ballot, and procedures for voting early by personal
9 appearance.
10     At least 30 days before any general election, and at least
11 20 days before any special congressional election, the county
12 clerk shall publish a notice of the election in 2 or more
13 newspapers published in the county, city, village,
14 incorporated town or town, as the case may be, or if there is
15 no such newspaper, then in any 2 or more newspapers published
16 in the county and having a general circulation throughout the
17 community. The notice may be substantially as follows:
18     Notice is hereby given that on (give date), at (give the
19 place of holding the election and the name of the precinct or
20 district) in the county of (name county), an election will be
21 held for (give the title of the several offices to be filled),
22 which election will be open at 6:00 a.m. and continued open
23 until 7:00 p.m. of that day.
24     Dated at .... on (insert date).
25 (Source: P.A. 94-645, eff. 8-22-05.)
 

 

 

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1     (10 ILCS 5/12-4)  (from Ch. 46, par. 12-4)
2     Sec. 12-4. Not more than 30 nor less than 10 days prior to
3 the date of the consolidated election and nonpartisan
4 elections, each election authority shall publish notice of the
5 election of officers of each political subdivision to be
6 conducted in his or its jurisdiction on such election date. The
7 notice of election shall be published once in one or more
8 newspapers published in each political subdivision, and if
9 there is no such newspaper, then published once in a local,
10 community newspaper having general circulation in the
11 subdivision, and also once in a newspaper published in the
12 county wherein the political subdivisions or portions thereof,
13 having such elections are situated.
14     The notice shall be substantially in the form prescribed in
15 Section 12-1, and may include notice of the location of the
16 precincts and polling places within or including part of the
17 political subdivision in which the election is to be conducted,
18 and the procedures for using mail-in ballots in consolidated
19 elections subject to Article 19B.
20     Not less than 10 days before each such election, the
21 election authority shall publish notice of the precincts and
22 the location of the polling places where the election will be
23 conducted for political subdivisions wholly or partially
24 within its jurisdiction. The election authority shall cause
25 publication in the manner heretofore prescribed for the notice
26 of election.

 

 

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1 (Source: P.A. 81-963.)
 
2     (10 ILCS 5/13-1)  (from Ch. 46, par. 13-1)
3     Sec. 13-1. In counties not under township organization, the
4 county board of commissioners shall at its meeting in July in
5 each even-numbered year appoint in each election precinct 5
6 capable and discreet persons meeting the qualifications of
7 Section 13-4 to be judges of election. Where neither voting
8 machines nor electronic, mechanical or electric voting systems
9 are used, the county board may, for any precinct with respect
10 to which the board considers such action necessary or desirable
11 in view of the number of voters, and shall for general
12 elections for any precinct containing more than 600 registered
13 voters, appoint in addition to the 5 judges of election a team
14 of 5 tally judges. In such precincts the judges of election
15 shall preside over the election during the hours the polls are
16 open, and the tally judges, with the assistance of the holdover
17 judges designated pursuant to Section 13-6.2, shall count the
18 vote after the closing of the polls. However, the County Board
19 of Commissioners may appoint 3 judges of election to serve in
20 lieu of the 5 judges of election otherwise required by this
21 Section to serve in any emergency referendum, or in any
22 odd-year regular election or in any special primary or special
23 election called for the purpose of filling a vacancy in the
24 office of representative in the United States Congress or to
25 nominate candidates for such purpose. If a consolidated

 

 

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1 election is conducted under Article 19B, the County Board of
2 Commissioners shall appoint a team of 5 tally judges to serve
3 in lieu of the 5 judges of election otherwise required by this
4 Section. The tally judges shall possess the same qualifications
5 and shall be appointed in the same manner and with the same
6 division between political parties as is provided for judges of
7 election.
8     In addition to such precinct judges, the county board of
9 commissioners shall appoint special panels of 3 judges each,
10 who shall possess the same qualifications and shall be
11 appointed in the same manner and with the same division between
12 political parties as is provided for other judges of election.
13 The number of such panels of judges required shall be
14 determined by regulations of the State Board of Elections which
15 shall base the required numbers of special panels on the number
16 of registered voters in the jurisdiction or the number of
17 absentee ballots voted at recent elections, or any combination
18 of such factors.
19     Such appointment shall be confirmed by the court as
20 provided in Section 13-3 of this Article. No more than 3
21 persons of the same political party shall be appointed judges
22 of the same election precinct or election judge panel. The
23 appointment shall be made in the following manner: The county
24 board of commissioners shall select and approve 3 persons as
25 judges of election in each election precinct from a certified
26 list, furnished by the chairman of the County Central Committee

 

 

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1 of the first leading political party in such precinct; and the
2 county board of commissioners shall also select and approve 2
3 persons as judges of election in each election precinct from a
4 certified list, furnished by the chairman of the County Central
5 Committee of the second leading political party. However, if
6 only 3 judges of election serve in each election precinct, no
7 more than 2 persons of the same political party shall be judges
8 of election in the same election precinct; and which political
9 party is entitled to 2 judges of election and which political
10 party is entitled to one judge of election shall be determined
11 in the same manner as set forth in the next two preceding
12 sentences with regard to 5 election judges in each precinct.
13 Such certified list shall be filed with the county clerk not
14 less than 10 days before the annual meeting of the county board
15 of commissioners. Such list shall be arranged according to
16 precincts. The chairman of each county central committee shall,
17 insofar as possible, list persons who reside within the
18 precinct in which they are to serve as judges. However, he may,
19 in his sole discretion, submit the names of persons who reside
20 outside the precinct but within the county embracing the
21 precinct in which they are to serve. He must, however, submit
22 the names of at least 2 residents of the precinct for each
23 precinct in which his party is to have 3 judges and must submit
24 the name of at least one resident of the precinct for each
25 precinct in which his party is to have 2 judges. The county
26 board of commissioners shall acknowledge in writing to each

 

 

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1 county chairman the names of all persons submitted on such
2 certified list and the total number of persons listed thereon.
3 If no such list is filed or such list is incomplete (that is,
4 no names or an insufficient number of names are furnished for
5 certain election precincts), the county board of commissioners
6 shall make or complete such list from the names contained in
7 the supplemental list provided for in Section 13-1.1. The
8 election judges shall hold their office for 2 years from their
9 appointment, and until their successors are duly appointed in
10 the manner provided in this Act. The county board of
11 commissioners shall fill all vacancies in the office of judge
12 of election at any time in the manner provided in this Act.
13 (Source: P.A. 94-1000, eff. 7-3-06.)
 
14     (10 ILCS 5/13-2)  (from Ch. 46, par. 13-2)
15     Sec. 13-2. In counties under the township organization the
16 county board shall at its meeting in July in each even-numbered
17 year except in counties containing a population of 3,000,000
18 inhabitants or over and except when such judges are appointed
19 by election commissioners, select in each election precinct in
20 the county, 5 capable and discreet persons to be judges of
21 election who shall possess the qualifications required by this
22 Act for such judges. Where neither voting machines nor
23 electronic, mechanical or electric voting systems are used, the
24 county board may, for any precinct with respect to which the
25 board considers such action necessary or desirable in view of

 

 

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1 the number of voters, and shall for general elections for any
2 precinct containing more than 600 registered voters, appoint in
3 addition to the 5 judges of election a team of 5 tally judges.
4 In such precincts the judges of election shall preside over the
5 election during the hours the polls are open, and the tally
6 judges, with the assistance of the holdover judges designated
7 pursuant to Section 13-6.2, shall count the vote after the
8 closing of the polls. The tally judges shall possess the same
9 qualifications and shall be appointed in the same manner and
10 with the same division between political parties as is provided
11 for judges of election.
12     However, the county board may appoint 3 judges of election
13 to serve in lieu of the 5 judges of election otherwise required
14 by this Section to serve in any emergency referendum, or in any
15 odd-year regular election or in any special primary or special
16 election called for the purpose of filling a vacancy in the
17 office of representative in the United States Congress or to
18 nominate candidates for such purpose.
19     If a consolidated election is conducted under Article 19B,
20 the county board shall appoint a team of 5 tally judges to
21 serve in lieu of the 5 judges of election otherwise required by
22 this Section.
23     In addition to such precinct judges, the county board shall
24 appoint special panels of 3 judges each, who shall possess the
25 same qualifications and shall be appointed in the same manner
26 and with the same division between political parties as is

 

 

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1 provided for other judges of election. The number of such
2 panels of judges required shall be determined by regulations of
3 the State Board of Elections, which shall base the required
4 number of special panels on the number of registered voters in
5 the jurisdiction or the number of absentee ballots voted at
6 recent elections or any combination of such factors.
7     No more than 3 persons of the same political party shall be
8 appointed judges in the same election district or undivided
9 precinct. The election of the judges of election in the various
10 election precincts shall be made in the following manner: The
11 county board shall select and approve 3 of the election judges
12 in each precinct from a certified list furnished by the
13 chairman of the County Central Committee of the first leading
14 political party in such election precinct and shall also select
15 and approve 2 judges of election in each election precinct from
16 a certified list furnished by the chairman of the County
17 Central Committee of the second leading political party in such
18 election precinct. However, if only 3 judges of election serve
19 in each election precinct, no more than 2 persons of the same
20 political party shall be judges of election in the same
21 election precinct; and which political party is entitled to 2
22 judges of election and which political party is entitled to one
23 judge of election shall be determined in the same manner as set
24 forth in the next two preceding sentences with regard to 5
25 election judges in each precinct. The respective County Central
26 Committee chairman shall notify the county board by June 1 of

 

 

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1 each odd-numbered year immediately preceding the annual
2 meeting of the county board whether or not such certified list
3 will be filed by such chairman. Such list shall be arranged
4 according to precincts. The chairman of each county central
5 committee shall, insofar as possible, list persons who reside
6 within the precinct in which they are to serve as judges.
7 However, he may, in his sole discretion, submit the names of
8 persons who reside outside the precinct but within the county
9 embracing the precinct in which they are to serve. He must,
10 however, submit the names of at least 2 residents of the
11 precinct for each precinct in which his party is to have 3
12 judges and must submit the name of at least one resident of the
13 precinct for each precinct in which his party is to have 2
14 judges. Such certified list, if filed, shall be filed with the
15 county clerk not less than 20 days before the annual meeting of
16 the county board. The county board shall acknowledge in writing
17 to each county chairman the names of all persons submitted on
18 such certified list and the total number of persons listed
19 thereon. If no such list is filed or the list is incomplete
20 (that is, no names or an insufficient number of names are
21 furnished for certain election precincts), the county board
22 shall make or complete such list from the names contained in
23 the supplemental list provided for in Section 13-1.1. Provided,
24 further, that in any case where a township has been or shall be
25 redistricted, in whole or in part, subsequent to one general
26 election for Governor, and prior to the next, the judges of

 

 

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1 election to be selected for all new or altered precincts shall
2 be selected in that one of the methods above detailed, which
3 shall be applicable according to the facts and circumstances of
4 the particular case, but the majority of such judges for each
5 such precinct shall be selected from the first leading
6 political party, and the minority judges from the second
7 leading political party. Provided, further, that in counties
8 having a population of 1,000,000 inhabitants or over the
9 selection of judges of election shall be made in the same
10 manner in all respects as in other counties, except that the
11 provisions relating to tally judges are inapplicable to such
12 counties and except that the county board shall meet during the
13 month of January for the purpose of making such selection and
14 the chairman of each county central committee shall notify the
15 county board by the preceding October 1 whether or not the
16 certified list will be filed. Such judges of election shall
17 hold their office for 2 years from their appointment and until
18 their successors are duly appointed in the manner provided in
19 this Act. The county board shall fill all vacancies in the
20 office of judges of elections at any time in the manner herein
21 provided.
22     Such selections under this Section shall be confirmed by
23 the circuit court as provided in Section 13-3 of this Article.
24 (Source: P.A. 94-1000, eff. 7-3-06.)
 
25     (10 ILCS 5/14-1)  (from Ch. 46, par. 14-1)

 

 

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1     Sec. 14-1. (a) The board of election commissioners
2 established or existing under Article 6 shall, at the time and
3 in the manner provided in Section 14-3.1, select and choose 5
4 persons, men or women, as judges of election for each precinct
5 in such city, village or incorporated town.
6     Where neither voting machines nor electronic, mechanical
7 or electric voting systems are used, the board of election
8 commissioners may, for any precinct with respect to which the
9 board considers such action necessary or desirable in view of
10 the number of voters, and shall for general elections for any
11 precinct containing more than 600 registered voters, appoint in
12 addition to the 5 judges of election a team of 5 tally judges.
13 In such precincts the judges of election shall preside over the
14 election during the hours the polls are open, and the tally
15 judges, with the assistance of the holdover judges designated
16 pursuant to Section 14-5.2, shall count the vote after the
17 closing of the polls. The tally judges shall possess the same
18 qualifications and shall be appointed in the same manner and
19 with the same division between political parties as is provided
20 for judges of election. The foregoing provisions relating to
21 the appointment of tally judges are inapplicable in counties
22 with a population of 1,000,000 or more.
23     If a consolidated election is conducted under Article 19B,
24 the board of election commissioners shall appoint a team of 5
25 tally judges to serve in lieu of the 5 judges of election
26 otherwise required by this Section.

 

 

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1     (b) To qualify as judges the persons must:
2         (1) be citizens of the United States;
3         (2) be of good repute and character and not subject to
4     the registration requirement of the Sex Offender
5     Registration Act;
6         (3) be able to speak, read and write the English
7     language;
8         (4) be skilled in the 4 fundamental rules of
9     arithmetic;
10         (5) be of good understanding and capable;
11         (6) not be candidates for any office at the election
12     and not be elected committeemen;
13         (7) reside and be entitled to vote in the precinct in
14     which they are selected to serve, except that in each
15     precinct not more than one judge of each party may be
16     appointed from outside such precinct. Any judge so
17     appointed to serve in any precinct in which he is not
18     entitled to vote must be entitled to vote elsewhere within
19     the county which encompasses the precinct in which such
20     judge is appointed and such judge must otherwise meet the
21     qualifications of this Section, except as provided in
22     subsection (c) or (c-5).
23     (c) An election authority may establish a program to permit
24 a person who is not entitled to vote to be appointed as an
25 election judge if, as of the date of the election at which the
26 person serves as a judge, he or she:

 

 

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1         (1) is a U.S. citizen;
2         (2) is a junior or senior in good standing enrolled in
3     a public or private secondary school;
4         (3) has a cumulative grade point average equivalent to
5     at least 3.0 on a 4.0 scale;
6         (4) has the written approval of the principal of the
7     secondary school he or she attends at the time of
8     appointment;
9         (5) has the written approval of his or her parent or
10     legal guardian;
11         (6) has satisfactorily completed the training course
12     for judges of election described in Sections 13-2.1,
13     13-2.2, and 14-4.1; and
14         (7) meets all other qualifications for appointment and
15     service as an election judge.
16     No more than one election judge qualifying under this
17 subsection may serve per political party per precinct. Prior to
18 appointment, a judge qualifying under this subsection must
19 certify in writing to the election authority the political
20 party the judge chooses to affiliate with.
21     Students appointed as election judges under this
22 subsection shall not be counted as absent from school on the
23 day they serve as judges.
24     (c-5) An election authority may establish a program to
25 permit a person who is not entitled to vote in that precinct or
26 county to be appointed as an election judge if, as of the date

 

 

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1 of the election at which the person serves as a judge, he or
2 she:
3         (1) is a U.S. citizen;
4         (2) is currently enrolled in a community college, as
5     defined in the Public Community College Act, or a public or
6     private Illinois university or college;
7         (3) has a cumulative grade point average equivalent to
8     at least 3.0 on a 4.0 scale;
9         (4) has satisfactorily completed the training course
10     for judges of election described in Sections 13-2.1,
11     13-2.2, and 14-4.1; and
12         (5) meets all other qualifications for appointment and
13     service as an election judge.
14     No more than one election judge qualifying under this
15 subsection may serve per political party per precinct. Prior to
16 appointment, a judge qualifying under this subsection must
17 certify in writing to the election authority the political
18 party the judge chooses to affiliate with.
19     Students appointed as election judges under this
20 subsection shall not be counted as absent from school on the
21 day they serve as judges.
22     (d) The board of election commissioners may select 2
23 additional judges of election, one from each of the major
24 political parties, for each 200 voters in excess of 600 in any
25 precinct having more than 600 voters as authorized by Section
26 11--3. These additional judges must meet the qualifications

 

 

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1 prescribed in this Section.
2 (Source: P.A. 95-699, eff. 11-9-07; 95-818, eff. 1-1-09;
3 revised 9-5-08.)
 
4     (10 ILCS 5/14-3.1)  (from Ch. 46, par. 14-3.1)
5     Sec. 14-3.1. The board of election commissioners shall,
6 during the month of July of each even-numbered year, select for
7 each election precinct within the jurisdiction of the board 5
8 persons to be judges of election who shall possess the
9 qualifications required by this Act for such judges. The
10 selection shall be made by a county board of election
11 commissioners in the following manner: the county board of
12 election commissioners shall select and approve 3 persons as
13 judges of election in each election precinct from a certified
14 list furnished by the chairman of the county central committee
15 of the first leading political party in that precinct; the
16 county board of election commissioners also shall select and
17 approve 2 persons as judges of election in each election
18 precinct from a certified list furnished by the chairman of the
19 county central committee of the second leading political party
20 in that precinct. The selection by a municipal board of
21 election commissioners shall be made in the following manner:
22 for each precinct, 3 judges shall be selected from one of the 2
23 leading political parties and the other 2 judges shall be
24 selected from the other leading political party; the parties
25 entitled to 3 and 2 judges, respectively, in the several

 

 

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1 precincts shall be determined as provided in Section 14-4.
2 However, a Board of Election Commissioners may appoint three
3 judges of election to serve in lieu of the 5 judges of election
4 otherwise required by this Section to serve in any emergency
5 referendum, or in any odd-year regular election or in any
6 special primary or special election called for the purpose of
7 filling a vacancy in the office of representative in the United
8 States Congress or to nominate candidates for such purpose.
9     If a consolidated election is conducted under Article 19B,
10 a Board of Election Commissioners shall appoint a team of 5
11 tally judges to serve in lieu of the 5 judges of election
12 otherwise required by this Section.
13     If only 3 judges of election serve in each election
14 precinct, no more than 2 persons of the same political party
15 shall be judges of election in the same election precinct, and
16 which political party is entitled to 2 judges of election and
17 which political party is entitled to one judge of election
18 shall be determined as set forth in this Section for a county
19 board of election commissioners' selection of 5 election judges
20 in each precinct or in Section 14-4 for a municipal board of
21 election commissioners' selection of election judges in each
22 precinct, whichever is appropriate. In addition to such
23 precinct judges, the board of election commissioners shall
24 appoint special panels of 3 judges each, who shall possess the
25 same qualifications and shall be appointed in the same manner
26 and with the same division between political parties as is

 

 

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1 provided for other judges of election. The number of such
2 panels of judges required shall be determined by regulation of
3 the State Board of Elections, which shall base the required
4 number of special panels on the number of registered voters in
5 the jurisdiction or the number of absentee ballots voted at
6 recent elections or any combination of such factors. A
7 municipal board of election commissioners shall make the
8 selections of persons qualified under Section 14-1 from
9 certified lists furnished by the chairman of the respective
10 county central committees of the 2 leading political parties.
11 Lists furnished by chairmen of county central committees under
12 this Section shall be arranged according to precincts. The
13 chairman of each county central committee shall, insofar as
14 possible, list persons who reside within the precinct in which
15 they are to serve as judges. However, he may, in his sole
16 discretion, submit the names of persons who reside outside the
17 precinct but within the county embracing the precinct in which
18 they are to serve. He must, however, submit the names of at
19 least 2 residents of the precinct for each precinct in which
20 his party is to have 3 judges and must submit the name of at
21 least one resident of the precinct for each precinct in which
22 his party is to have 2 judges. The board of election
23 commissioners shall no later than March 1 of each even-numbered
24 year notify the chairmen of the respective county central
25 committees of their responsibility to furnish such lists, and
26 each such chairman shall furnish the board of election

 

 

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1 commissioners with the list for his party on or before May 1 of
2 each even-numbered year. The board of election commissioners
3 shall acknowledge in writing to each county chairman the names
4 of all persons submitted on such certified list and the total
5 number of persons listed thereon. If no such list is furnished
6 or if no names or an insufficient number of names are furnished
7 for certain precincts, the board of election commissioners
8 shall make or complete such list from the names contained in
9 the supplemental list provided for in Section 14-3.2. Judges of
10 election shall hold their office for 2 years from their
11 appointment and until their successors are duly appointed in
12 the manner herein provided. The board of election commissioners
13 shall, subject to the provisions of Section 14-3.2, fill all
14 vacancies in the office of judges of election at any time in
15 the manner herein provided.
16     Such selections under this Section shall be confirmed by
17 the court as provided in Section 14-5.
18 (Source: P.A. 94-1000, eff. 7-3-06.)
 
19     (10 ILCS 5/16-5)  (from Ch. 46, par. 16-5)
20     Sec. 16-5. For all elections to which this Article applies,
21 the county clerks, in their respective counties, shall have
22 charge of the printing of the ballots for all elections,
23 including referenda, and shall furnish them to the judges of
24 election. In municipalities and counties having a board of
25 election commissioners, such board shall have charge of the

 

 

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1 printing of the ballots and furnish them to the judges of
2 election within the territory under their jurisdiction.
3 Ballots shall be printed and in possession of the respective
4 election authorities at least two days before each election and
5 subject to the inspection of candidates and their agents; if
6 any mistakes be discovered they shall be corrected without
7 delay. If a consolidated election is subject to the provisions
8 of Article 19B, however, the ballots shall be furnished to the
9 election authority prior to the time the ballots are to be
10 mailed to the voters. The election authority shall cause to be
11 delivered to the judges of election at the polling place of
12 each precinct or district, not less than twelve hours before
13 the time fixed by law for the opening of the polls therein, at
14 least 10% more ballots of the kind to be voted in such precinct
15 or district than the number of voters registered therein for
16 the purposes of such election, such ballots shall be put up in
17 separate sealed packages, with marks on the outside clearly
18 designating the polling place for which they are intended and
19 the number of ballots enclosed, and receipt therefor shall be
20 given by the judges of election to whom they are delivered,
21 which receipt shall be preserved by the election authority. The
22 election authority shall provide and retain at its office an
23 ample supply of ballots, in addition to those distributed to
24 the several voting precincts or districts, and if at any time
25 on or before the day of election the ballots furnished to any
26 precinct shall be lost, destroyed or exhausted before the polls

 

 

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1 are closed, on written application signed by a majority of the
2 judges he or they shall immediately cause to be delivered to
3 such judges at the polling place, such additional supply of
4 ballots as may be required and sufficient to comply with the
5 provisions of this Act.
6     If a consolidated election is subject to the provisions of
7 Article 19B, the election authority shall, not more than 40 nor
8 less than 5 days before the date of the election, mail a ballot
9 to each registered voter.
10 (Source: P.A. 80-1469.)
 
11     (10 ILCS 5/17-1)  (from Ch. 46, par. 17-1)
12     Sec. 17-1. Except for the consolidated elections conducted
13 under Article 19B, the polls shall be opened at the hour of
14 6:00 a.m. and continued open until 7:00 p.m. of the same day,
15 at which time the polls shall be closed; but if the judges
16 shall not attend at the hour of six o'clock in the morning, or
17 if it shall be necessary for the electors present to appoint
18 judges to conduct the election, as herein prescribed, the polls
19 may, in that case, be opened at any hour before the time for
20 closing the same shall arrive, as the case may require. The
21 State Board of Elections shall adopt rules for the conduct of
22 elections under Article 19B.
23 (Source: P.A. 81-850; 81-1149.)
 
24     (10 ILCS 5/Art. 19B heading new)

 

 

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1
Article 19B. MAIL-IN BALLOTS FOR CONSOLIDATED ELECTIONS

 
2     (10 ILCS 5/19B-5 new)
3     Sec. 19B-5. Voting in consolidated elections.In the year
4 2011, any qualified elector of the State of Illinois having
5 duly registered where registration is required may vote at the
6 consolidated election for the offices listed in subsection (c)
7 of Section 2A-1.2 through ballots mailed to the voter and
8 returned to the proper election authority by mail.
9     Each election authority shall compile and keep current a
10 list of voters who are eligible to vote under this Article. The
11 list shall include the last mailing address of each voter.
 
12     (10 ILCS 5/19B-10 new)
13     Sec. 19B-10. Time for mailing ballots. Each election
14 authority, not more than 40 nor less than 5 days before the
15 consolidated election held in 2011, shall mail, postage
16 prepaid, an official ballot, or ballots if more than one are to
17 be voted at the election, to each registered voter eligible to
18 vote under this Article. The ballot or ballots shall be mailed
19 to each voter's last mailing address and shall be marked "DO
20 NOT FORWARD - ADDRESS CORRECTION REQUESTED" or any other
21 similar statement that is in accordance with United States
22 postal service regulations.
23     The election authority shall maintain a list for each
24 election of the voters to whom ballots have been issued. The

 

 

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1 list shall be maintained for each precinct within the
2 jurisdiction of the election authority.
 
3     (10 ILCS 5/19B-15 new)
4     Sec. 19B-15. Enclosure of ballots in unsealed envelope;
5 certification; instructions for marking and returning ballots.
6 The election authority shall fold the ballot or ballots in the
7 manner specified by the statute for folding ballots prior to
8 their deposit in the ballot box, and shall enclose the ballot
9 or ballots in an unsealed envelope to be furnished by the
10 election authority. The envelope shall bear on its face the
11 name, official title, and post office address of the election
12 authority.
13     The printed certificate on the envelope shall be in
14 substantially the following form:
15     "I state that I am a resident of the .......... precinct of
16 the (1)* township of .......... (2)* city of .......... (3)*
17 .......... ward in the city of .......... residing at
18 .......... in the city or town in the county of .......... and
19 State of Illinois, that I have lived at the address for ...
20 months last past; and that I am lawfully entitled to vote in
21 the precinct at the election to be held on .......
22 * fill in either (1), (2), or (3).
23     I further state that I personally marked the enclosed
24 ballot in secret. If I received assistance in casting my
25 ballot, I further attest that, due to physical incapacity, I

 

 

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1 marked the enclosed ballot in secret with the assistance of
2
3 .................................
4 (Individual rendering assistance)
5
6 .................................
7 (Residence address)
8     Under penalties of perjury provided by law under Section
9 29-10 of the Election Code, the undersigned certifies that the
10 statements set forth in this certification are true and
11 correct.
12
13 ........................."
14     In addition, the election authority shall provide printed
15 slips giving full instructions regarding the manner of marking
16 and returning the ballot in order that the same may be counted,
17 and shall furnish one of the printed slips to each voter at the
18 same time the ballot is mailed to the voter. The instructions
19 shall include the following statement: "In signing the
20 certification on the ballot envelope, you are attesting that
21 you personally marked this ballot in secret. If you are
22 physically unable to mark the ballot, a friend or relative may
23 assist you after completing the enclosed affidavit. Federal and
24 State laws prohibit your employer, your employer's agent, or an
25 officer or agent of your union from assisting physically
26 disabled voters."

 

 

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1     In addition, if a ballot to be provided to a voter under
2 this Section contains a public question described in subsection
3 (b) of Section 28-6 and the territory concerning the question
4 to be submitted is not described on the ballot due to that
5 space limitations of the ballot, the election authority shall
6 provide a printed copy of the notice of the public question,
7 which shall included a description of the territory in the
8 manner required by Section 16-7. The notice shall be furnished
9 to the voter at the time the ballot is mailed to the voter.
 
10     (10 ILCS 5/19B-20 new)
11     Sec. 19B-20. Certification of voters; return of ballots.
12 The voter shall make and subscribe to the certification
13 provided for on the return envelope for the ballot, and the
14 ballot or ballots shall be folded by the voter in the manner
15 required to be folded before depositing the ballot in the
16 ballot box, and shall be deposited in the envelope and the
17 envelope securely sealed. The voter shall then endorse his or
18 her certificate on the back of the envelope, and the envelope
19 shall be mailed by the voter, postage prepaid, to the election
20 authority issuing the ballot, or if more convenient, it may be
21 delivered in person, by either the voter or by a spouse,
22 parent, child, brother, or sister of the voter, or by a company
23 licensed by the Illinois Commerce Commission under the Illinois
24 Commercial Transportation Law that is engaged in the business
25 of making deliveries. If a voter gives his or her ballot and

 

 

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1 ballot envelope to a spouse, parent, child, brother, or sister
2 of the voter, or to a company that is engaged in the business
3 of making deliveries for delivery to the election authority,
4 the voter shall give an authorization form to the person making
5 the delivery. The person making the delivery shall present the
6 authorization to the election authority. The authorization
7 shall be in substantially the following form:
8     "I .............. (voter) authorize ......................
9 to take my ballot to the office of the election authority.
10 ........................         ...........................
11 Date                                       Signature of voter
12 ........................         ...........................
13 Town                                                 Address
14 ........................         ...........................
15 Date                                 Signature of authorized
16 Individual
17 ........................         ...........................
18 Town                                   Relationship (if any)"
 
19     (10 ILCS 5/19B-25 new)
20     Sec. 19B-25. Receipt of ballots. Upon receipt of the
21 voter's ballot, the election authority shall enclose the
22 unopened ballot in a large or carrier envelope that shall be
23 securely sealed and endorsed with the name and official title
24 of the officer and the words, "This envelope contains a ballot
25 and must be opened on election day", together with the number

 

 

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1 and description of the precinct in which the ballot is to be
2 voted, and the officer shall safely keep the envelope in his or
3 her office until counted as provided in Section 19B-30.
 
4     (10 ILCS 5/19B-30 new)
5     Sec. 19B-30. Counting of ballots. The ballots received by
6 the election authority before 7:00 p.m. of the day of the
7 consolidated election shall be counted at the office of the
8 election authority by the tally judges, appointed under this
9 Code for that purpose. The counting shall commence no later
10 than 8:00 p.m. The counting shall continue until all ballots
11 received have been counted.
12     The procedures set forth in Section 19B-35 of this Act and
13 Articles 17 and 18 of this Code shall apply to all ballots
14 counted under this provision, including comparing the
15 signature on the ballot envelope with the signature of the
16 voter on the permanent voter registration record card taken
17 from the master file; except the votes shall be recorded
18 without regard to precinct designation, except for precinct
19 offices.
 
20     (10 ILCS 5/19B-35 new)
21     Sec. 19B-35. Casting ballots; comparison of signatures;
22 rejection of ballots.
23 The tally judges shall cast the voter's ballots separately, and
24 as each ballot is taken shall open the outer or carrier

 

 

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1 envelope, announce the voter's name, and compare the signature
2 on the permanent voter registration record card taken from the
3 master file with the signature upon the certification on the
4 ballot envelope. In case the judges find the certification
5 properly executed, that the signatures correspond, and that the
6 applicant is a duly qualified elector, they shall open the
7 envelope containing the ballot in such a manner as not to
8 deface or destroy the certification, or mark or tear the
9 ballots therein contained without unfolding or permitting the
10 ballot to be unfolded or examined, and having endorsed the
11 ballot in like manner as other ballots are required to be
12 endorsed, shall deposit the same in the proper ballot box or
13 boxes and enter the voter's name in the poll book the same as
14 if the voter had been present and voted in person. The judges
15 shall place the ballot certification envelopes in a separate
16 envelope as per the direction of the election authority. The
17 envelope containing the ballot certification envelopes shall
18 be retained by the election authority and preserved in like
19 manner as the official poll record.
20     In case the signatures do not correspond, or that the voter
21 is not a duly qualified elector, or that the ballot envelope is
22 open or has been opened and resealed, without opening the
23 envelope the judge of election shall mark across the face
24 thereof, "Rejected", giving the reason therefor.
25     In case the ballot envelope contains more than one ballot
26 of any kind, the ballots shall not be counted, but shall be

 

 

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1 marked "Rejected", giving the reason therefor.
2     The voter's envelope, and the voter's envelope with its
3 contents unopened when the vote is rejected, shall be retained
4 and preserved in the manner now provided for the retention and
5 preservation of official ballots rejected at the election.
 
6     (10 ILCS 5/19B-40 new)
7     Sec. 19B-40. Pollwatchers. On election day, pollwatchers
8 shall be permitted to be present during the casting of the mail
9 ballots, and the vote of any voter may be challenged for cause
10 the same as if he or she were present and voted in person, and
11 the tally judges or a majority of them shall have power and
12 authority to hear and determine the legality of the ballot;
13 provided, however, that if a challenge to any voter's right to
14 vote is sustained, notice of the same must be given by the
15 tally judges by mail addressed to the voter's place of
16 residence.
17     Where ballots are counted on the day of the election in the
18 office of the election authority as provided in Section 19B-30
19 of this Article, each political party, candidate, and qualified
20 civic organization shall be entitled to have present one
21 pollwatcher for each panel of election judges therein assigned.
22 The pollwatchers shall be subject to the same provisions as are
23 proscribed for pollwatchers in Section 7-34 and 17-23 of this
24 Code, and shall be permitted to observe the signature
25 comparison between that which is on the ballot envelope and

 

 

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1 that which is on the permanent voter registration record card
2 taken from the master file.
 
3     (10 ILCS 5/19B-45 new)
4     Sec. 19B-45. Death of an elector before election day.
5 Whenever it shall be made to appear by due proof to the tally
6 judges that any elector who has marked and forwarded his or her
7 ballot as provided in this Article has died before the date of
8 the election, then the ballot of the deceased voter shall be
9 retained by the tally judges in the same manner as provided for
10 rejected ballots; but the casting of the ballot of a deceased
11 voter shall not invalidate the election.
 
12     (10 ILCS 5/19B-50 new)
13     Sec. 19B-50. Application to jurisdiction using voting
14 machines. In all jurisdictions in which voting machines are
15 used, all the provisions of the Article relating to the
16 furnishing of ballot boxes, printing, and furnishing official
17 ballots and supplies in the number provided by law, the
18 canvassing of the ballots and making the proper return of the
19 result of the election shall, to the extent necessary to make
20 this Article effective, apply with full force and effect.
 
21     (10 ILCS 5/19B-55 new)
22     Sec. 19B-55. Adoption of rules for mail-in ballots. The
23 State Board of Elections shall conduct public hearings and

 

 

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1 adopt rules and procedures for the implementation of the use of
2 mail-in ballots within 270 days after the effective date of
3 this amendatory Act of the 96th General Assembly.
4     (b) In addition to any other duties prescribed by law, the
5 State Board of Elections shall:
6         (1) prescribe the form of materials to be used in the
7     conduct of mail-in ballot elections;
8         (2) establish procedures consistent with this Article
9     for the conduct of mail-in ballot elections; and
10         (3) supervise the conduct of mail-in ballot elections.
 
11     (10 ILCS 5/19B-60 new)
12     Sec. 19B-60. Report. After the consolidated election in
13 2011, the State Board of Elections must report to the General
14 Assembly on the problems and successes of conducting the
15 election with mail-in ballots.
 
16     (10 ILCS 5/24A-6)  (from Ch. 46, par. 24A-6)
17     Sec. 24A-6. The ballot information, whether placed on the
18 ballot or on the marking device, shall, as far as practicable,
19 be in the order of arrangement provided for paper ballots,
20 except that such information may be in vertical or horizontal
21 rows, or in a number of separate pages. Ballots for all
22 questions or propositions to be voted on must be provided in
23 the same manner and must be arranged on or in the marking
24 device or on the ballot sheet in the places provided for such

 

 

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1 purposes.
2     When an electronic voting system utilizes a ballot label
3 booklet and ballot card, ballots for candidates, ballots
4 calling for a constitutional convention, constitutional
5 amendment ballots, judicial retention ballots, public
6 measures, and all propositions to be voted upon may be placed
7 on the electronic voting device by providing in the ballot
8 booklet separate ballot label pages or series of pages
9 distinguished by differing colors as provided below. When an
10 electronic voting system utilizes a ballot sheet, ballots
11 calling for a constitutional convention, constitutional
12 amendment ballots and judicial retention ballots shall be
13 placed on the ballot sheet by providing a separate portion of
14 the ballot sheet for each such kind of ballot which shall be
15 printed in ink of a color distinct from the color of ink used
16 in printing any other portion of the ballot sheet. Ballots for
17 candidates, public measures and all other propositions to be
18 voted upon shall be placed on the ballot sheet by providing a
19 separate portion of the ballot sheet for each such kind of
20 ballot. Whenever a person has submitted a declaration of intent
21 to be a write-in candidate as required in Sections 17-16.1 and
22 18-9.1, a line on which the name of a candidate may be written
23 by the voter shall be printed below the name of the last
24 candidate nominated for such office, and immediately to the
25 left of such line an area shall be provided for marking a vote
26 for such write-in candidate. The number of write-in lines for

 

 

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1 an office shall equal the number of persons who have filed
2 declarations of intent to be write-in candidates plus an
3 additional line or lines for write-in candidates who qualify to
4 file declarations to be write-in candidates under Sections
5 17-16.1 and 18-9.1 when the certification of ballot contains
6 the words "OBJECTION PENDING" next to the name of the
7 candidate, up to the number of candidates for which a voter may
8 vote. More than one amendment to the constitution may be placed
9 on the same ballot page or series of pages or on the same
10 portion of the ballot sheet, as the case may be. Ballot label
11 pages for constitutional conventions or constitutional
12 amendments shall be on paper of blue color and shall precede
13 all other ballot label pages in the ballot label booklet. More
14 than one public measure or proposition may be placed on the
15 same ballot label page or series of pages or on the same
16 portion of the ballot sheet, as the case may be. More than one
17 proposition for retention of judges in office may be placed on
18 the same ballot label page or series of pages or on the same
19 portion of the ballot sheet, as the case may be. Ballot label
20 pages for candidates shall be on paper of white color, except
21 that in primary elections the ballot label page or pages for
22 the candidates of each respective political party shall be of
23 the color designated by the election official in charge of the
24 election for that political party's candidates; provided that
25 the ballot label pages or pages for candidates for use at the
26 nonpartisan and consolidated elections may be on paper of

 

 

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1 different colors, except blue, whenever necessary or desirable
2 to facilitate distinguishing between the pages for different
3 political subdivisions. On each page of the candidate booklet,
4 where the election is made to list ballot information
5 vertically, the party affiliation of each candidate or the word
6 "independent" shall appear immediately to the left of the
7 candidate's name, and the name of candidates for the same
8 office shall be listed vertically under the title of that
9 office. If no candidate or candidates file for an office and if
10 no person or persons file a declaration as a write-in candidate
11 for that office, then below the title of that office the
12 election authority instead shall print "No Candidate". In the
13 case of nonpartisan elections for officers of political
14 subdivisions, unless the statute or an ordinance adopted
15 pursuant to Article VII of the Constitution requires otherwise,
16 the listing of such nonpartisan candidates shall not include
17 any party or "independent" designation. Ballot label pages for
18 judicial retention ballots shall be on paper of green color,
19 and ballot label pages for all public measures and other
20 propositions shall be on paper of some other distinct and
21 different color. In primary elections, a separate ballot label
22 booklet, marking device and voting booth shall be used for each
23 political party holding a primary, with the ballot label
24 booklet arranged to include ballot label pages of the
25 candidates of the party and public measures and other
26 propositions to be voted upon on the day of the primary

 

 

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1 election. One ballot card may be used for recording the voter's
2 vote or choice on all such ballots, proposals, public measures
3 or propositions, and such ballot card shall be arranged so as
4 to record the voter's vote or choice in a separate column or
5 columns for each such kind of ballot, proposal, public measure
6 or proposition.
7     If the ballot label booklet includes both candidates for
8 office and public measures or propositions to be voted on, the
9 election official in charge of the election shall divide the
10 pages by protruding tabs identifying the division of the pages,
11 and printing on such tabs "Candidates" and "Propositions".
12     The ballot card and all of its columns and the ballot card
13 envelope shall be of the color prescribed for candidate's
14 ballots at the general or primary election, whichever is being
15 held. At an election where no candidates are being nominated or
16 elected, the ballot card, its columns, and the ballot card
17 envelope shall be of a color designated by the election
18 official in charge of the election.
19     The ballot cards, ballot card envelopes and ballot sheets
20 may, at the discretion of the election authority, be printed on
21 white paper and then striped with the appropriate colors.
22     When ballot sheets are used, the various portions thereof
23 shall be arranged to conform to the foregoing format.
24     Absentee ballots may consist of ballot cards, envelopes,
25 paper ballots or ballot sheets voted in person in the office of
26 the election official in charge of the election or voted by

 

 

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1 mail. Where a ballot card is used for voting by mail it must be
2 accompanied by a punching tool or other appropriate marking
3 device, voter instructions and a specimen ballot showing the
4 proper positions to vote on the ballot card or ballot sheet for
5 each party, candidate, proposal, public measure or
6 proposition, and in the case of a ballot card must be mounted
7 on a suitable material to receive the punched out chip.
8     Ballots for use in the consolidated election conducted
9 under Article 19B may consist of ballot cards, envelopes, paper
10 ballots, or ballot sheets. Where a ballot card is used for
11 voting by mail it must be accompanied by a punching tool or
12 other appropriate marking device, voter instructions, and a
13 specimen ballot showing the proper positions to vote on the
14 ballot card or ballot sheet for each candidate, proposal,
15 public measure, or proposition, and in the case of a ballot
16 card must be mounted on a suitable material to receive the
17 punched out chip.
18     Any voter who spoils his ballot or makes an error may
19 return the ballot to the judges of election and secure another.
20 However, the protruding identifying tab for proposals for a
21 constitutional convention or constitutional amendments shall
22 have printed thereon "Constitutional Ballot", and the ballot
23 label page or pages for such proposals shall precede the ballot
24 label pages for candidates in the ballot label booklet.
25 (Source: P.A. 95-699, eff. 11-9-07; 95-862, eff. 8-19-08.)
 

 

 

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1     (10 ILCS 5/24B-6)
2     Sec. 24B-6. Ballot Information; Arrangement; Electronic
3 Precinct Tabulation Optical Scan Technology Voting System;
4 Absentee Ballots; Spoiled Ballots. The ballot information,
5 shall, as far as practicable, be in the order of arrangement
6 provided for paper ballots, except that the information may be
7 in vertical or horizontal rows, or on a number of separate
8 pages or displays on the marking device. Ballots for all
9 questions or propositions to be voted on should be provided in
10 a similar manner and must be arranged on the ballot sheet or
11 marking device in the places provided for such purposes.
12 Ballots shall be of white paper unless provided otherwise by
13 administrative rule of the State Board of Elections or
14 otherwise specified.
15     All propositions, including but not limited to
16 propositions calling for a constitutional convention,
17 constitutional amendment, judicial retention, and public
18 measures to be voted upon shall be placed on separate portions
19 of the ballot sheet or marking device by utilizing borders or
20 grey screens. Candidates shall be listed on a separate portion
21 of the ballot sheet or marking device by utilizing borders or
22 grey screens. Whenever a person has submitted a declaration of
23 intent to be a write-in candidate as required in Sections
24 17-16.1 and 18-9.1, a line or lines on which the voter may
25 select a write-in candidate shall be printed below the name of
26 the last candidate nominated for such office. Such line or

 

 

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1 lines shall be proximate to an area provided for marking votes
2 for the write-in candidate or candidates. The number of
3 write-in lines for an office shall equal the number of persons
4 who have filed declarations of intent to be write-in candidates
5 plus an additional line or lines for write-in candidates who
6 qualify to file declarations to be write-in candidates under
7 Sections 17-16.1 and 18-9.1 when the certification of ballot
8 contains the words "OBJECTION PENDING" next to the name of that
9 candidate, up to the number of candidates for which a voter may
10 vote. More than one amendment to the constitution may be placed
11 on the same portion of the ballot sheet or marking device.
12 Constitutional convention or constitutional amendment
13 propositions shall be printed or displayed on a separate
14 portion of the ballot sheet or marking device and designated by
15 borders or grey screens, unless otherwise provided by
16 administrative rule of the State Board of Elections. More than
17 one public measure or proposition may be placed on the same
18 portion of the ballot sheet or marking device. More than one
19 proposition for retention of judges in office may be placed on
20 the same portion of the ballot sheet or marking device. Names
21 of candidates shall be printed in black. The party affiliation
22 of each candidate or the word "independent" shall appear near
23 or under the candidate's name, and the names of candidates for
24 the same office shall be listed vertically under the title of
25 that office, on separate pages of the marking device, or as
26 otherwise approved by the State Board of Elections. If no

 

 

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1 candidate or candidates file for an office and if no person or
2 persons file a declaration as a write-in candidate for that
3 office, then below the title of that office the election
4 authority instead shall print "No Candidate". In the case of
5 nonpartisan elections for officers of political subdivisions,
6 unless the statute or an ordinance adopted pursuant to Article
7 VII of the Constitution requires otherwise, the listing of
8 nonpartisan candidates shall not include any party or
9 "independent" designation. Judicial retention questions and
10 ballot questions for all public measures and other propositions
11 shall be designated by borders or grey screens on the ballot or
12 marking device. In primary elections, a separate ballot, or
13 displays on the marking device, shall be used for each
14 political party holding a primary, with the ballot or marking
15 device arranged to include names of the candidates of the party
16 and public measures and other propositions to be voted upon on
17 the day of the primary election.
18     If the ballot includes both candidates for office and
19 public measures or propositions to be voted on, the election
20 official in charge of the election shall divide the ballot or
21 displays on the marking device in sections for "Candidates" and
22 "Propositions", or separate ballots may be used.
23     Absentee ballots may consist of envelopes, paper ballots or
24 ballot sheets voted in person in the office of the election
25 official in charge of the election or voted by mail. Where a
26 Precinct Tabulation Optical Scan Technology ballot is used for

 

 

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1 voting by mail it must be accompanied by voter instructions.
2     Ballots for use in the consolidated election conducted
3 under Article 19B may consist of envelopes, paper ballots, or
4 ballot sheets. Where a Precinct Tabulation Optical Scan
5 Technology ballot is used for voting by mail it must be
6 accompanied by voter instructions.
7     Any voter who spoils his or her ballot, makes an error, or
8 has a ballot returned by the automatic tabulating equipment may
9 return the ballot to the judges of election and get another
10 ballot.
11 (Source: P.A. 95-699, eff. 11-9-07; 95-862, eff. 8-19-08.)
 
12     Section 90. The State Mandates Act is amended by adding
13 Section 8.33 as follows:
 
14     (30 ILCS 805/8.33 new)
15     Sec. 8.33. Exempt mandate. Notwithstanding Sections 6 and 8
16 of this Act, no reimbursement by the State is required for the
17 implementation of any mandate created by this amendatory Act of
18 the 96th General Assembly.
 
19     Section 99. Effective date. This Act takes effect upon
20 becoming law.

 

 

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1 INDEX
2 Statutes amended in order of appearance
3     10 ILCS 5/4-11 from Ch. 46, par. 4-11
4     10 ILCS 5/11-7 from Ch. 46, par. 11-7
5     10 ILCS 5/12-1 from Ch. 46, par. 12-1
6     10 ILCS 5/12-4 from Ch. 46, par. 12-4
7     10 ILCS 5/13-1 from Ch. 46, par. 13-1
8     10 ILCS 5/13-2 from Ch. 46, par. 13-2
9     10 ILCS 5/14-1 from Ch. 46, par. 14-1
10     10 ILCS 5/14-3.1 from Ch. 46, par. 14-3.1
11     10 ILCS 5/16-5 from Ch. 46, par. 16-5
12     10 ILCS 5/17-1 from Ch. 46, par. 17-1
13     10 ILCS 5/Art. 19B heading
14     new
15     10 ILCS 5/19B-5 new
16     10 ILCS 5/19B-10 new
17     10 ILCS 5/19B-15 new
18     10 ILCS 5/19B-20 new
19     10 ILCS 5/19B-25 new
20     10 ILCS 5/19B-30 new
21     10 ILCS 5/19B-35 new
22     10 ILCS 5/19B-40 new
23     10 ILCS 5/19B-45 new
24     10 ILCS 5/19B-50 new
25     10 ILCS 5/19B-55 new

 

 

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1     10 ILCS 5/19B-60 new
2     10 ILCS 5/24A-6 from Ch. 46, par. 24A-6
3     10 ILCS 5/24B-6
4     30 ILCS 805/8.33 new