Illinois General Assembly - Full Text of SB0536
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Full Text of SB0536  102nd General Assembly

SB0536enr 102ND GENERAL ASSEMBLY

  
  
  

 


 
SB0536 EnrolledLRB102 12960 SMS 18303 b

1    AN ACT concerning elections.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Election Code is amended by changing
5Sections 1A-16, 2A-1.1b, 9-8.5, 9-10, 11-2, 11-3, 11-4.2,
611-8, 19-2, 19-2.5, and 19-6 and by adding Section 1-19 as
7follows:
 
8    (10 ILCS 5/1-19 new)
9    Sec. 1-19. Access to Voting for Persons with Disabilities
10Advisory Task Force.
11    (a) The Access to Voting for Persons with Disabilities
12Advisory Task Force is hereby created to review current laws
13and make recommendations to improve access to voting for
14persons with disabilities. Members of the Task Force shall be
15appointed as follows:
16        (1) Three members appointed by the Governor, one of
17    whom shall serve as chair, and at least one with
18    experience representing or working with persons with
19    physical disabilities and one with experience representing
20    or working with person with neurological or mental
21    disabilities;
22        (2) Three members appointed by the President of the
23    Senate, including at least one attorney with election law

 

 

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1    experience;
2        (3) Three members appointed by the Senate Minority
3    Leader, including at least one attorney with election law
4    experience;
5        (4) Three members appointed by the Speaker of the
6    House of Representatives, including at least one attorney
7    with election law experience;
8        (5) Three members appointed by the Minority Leader of
9    the House of Representatives, including at least one
10    attorney with election law experience.
11    (b) The Task Force shall hold a minimum of 4 meetings. No
12later than August 1, 2022, the Task Force shall produce and the
13State Board of Elections shall publish on its website a report
14with a summary of the laws and resources available for persons
15with disabilities seeking to exercise their right to vote. The
16Task Force shall produce a report with recommendations for
17changes to current law or recommendations for election
18authorities submit the report to the Governor and General
19Assembly no later than December 15, 2022.
20    (c) The Members shall serve without compensation. If a
21vacancy occurs on the Task Force, it shall be filled according
22to the guidelines of the initial appointment. At the
23discretion of the chair, additional individuals may
24participate as non-voting members in the meetings of the Task
25Force.
26    (d) The State Board of Elections shall provide staff and

 

 

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1administrative support to the Task Force.
2    (e) This Section is repealed on January 1, 2024.
 
3    (10 ILCS 5/1A-16)
4    (Text of Section before amendment by P.A. 102-292)
5    Sec. 1A-16. Voter registration information; Internet
6posting; processing of voter registration forms; content of
7such forms. Notwithstanding any law to the contrary, the
8following provisions shall apply to voter registration under
9this Code.
10    (a) Voter registration information; Internet posting of
11voter registration form. Within 90 days after August 21, 2003
12(the effective date of Public Act 93-574), the State Board of
13Elections shall post on its World Wide Web site the following
14information:
15        (1) A comprehensive list of the names, addresses,
16    phone numbers, and websites, if applicable, of all county
17    clerks and boards of election commissioners in Illinois.
18        (2) A schedule of upcoming elections and the deadline
19    for voter registration.
20        (3) A downloadable, printable voter registration form,
21    in at least English and in Spanish versions, that a person
22    may complete and mail or submit to the State Board of
23    Elections or the appropriate county clerk or board of
24    election commissioners.
25Any forms described under paragraph (3) must state the

 

 

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1following:
2        If you do not have a driver's license or social
3    security number, and this form is submitted by mail, and
4    you have never registered to vote in the jurisdiction you
5    are now registering in, then you must send, with this
6    application, either (i) a copy of a current and valid
7    photo identification, or (ii) a copy of a current utility
8    bill, bank statement, government check, paycheck, or other
9    government document that shows the name and address of the
10    voter. If you do not provide the information required
11    above, then you will be required to provide election
12    officials with either (i) or (ii) described above the
13    first time you vote at a voting place.
14    (b) Acceptance of registration forms by the State Board of
15Elections and county clerks and board of election
16commissioners. The State Board of Elections, county clerks,
17and board of election commissioners shall accept all completed
18voter registration forms described in subsection (a)(3) of
19this Section and Sections 1A-17 and 1A-30 that are:
20        (1) postmarked on or before the day that voter
21    registration is closed under this Code;
22        (2) not postmarked, but arrives no later than 5 days
23    after the close of registration;
24        (3) submitted in person by a person using the form on
25    or before the day that voter registration is closed under
26    this Code; or

 

 

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1        (4) submitted in person by a person who submits one or
2    more forms on behalf of one or more persons who used the
3    form on or before the day that voter registration is
4    closed under this Code.
5    Upon the receipt of a registration form, the State Board
6of Elections shall mark the date on which the form was received
7and send the form via first class mail to the appropriate
8county clerk or board of election commissioners, as the case
9may be, within 2 business days based upon the home address of
10the person submitting the registration form. The county clerk
11and board of election commissioners shall accept and process
12any form received from the State Board of Elections.
13    (c) Processing of registration forms by county clerks and
14boards of election commissioners. The county clerk or board of
15election commissioners shall promulgate procedures for
16processing the voter registration form.
17    (d) Contents of the voter registration form. The State
18Board shall create a voter registration form, which must
19contain the following content:
20        (1) Instructions for completing the form.
21        (2) A summary of the qualifications to register to
22    vote in Illinois.
23        (3) Instructions for mailing in or submitting the form
24    in person.
25        (4) The phone number for the State Board of Elections
26    should a person submitting the form have questions.

 

 

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1        (5) A box for the person to check that explains one of
2    3 reasons for submitting the form:
3            (a) new registration;
4            (b) change of address; or
5            (c) change of name.
6        (6) a box for the person to check yes or no that asks,
7    "Are you a citizen of the United States?", a box for the
8    person to check yes or no that asks, "Will you be 18 years
9    of age on or before election day?", and a statement of "If
10    you checked 'no' in response to either of these questions,
11    then do not complete this form.".
12        (7) A space for the person to fill in his or her home
13    telephone number.
14        (8) Spaces for the person to fill in his or her first,
15    middle, and last names, street address (principal place of
16    residence), county, city, state, and zip code.
17        (9) Spaces for the person to fill in his or her mailing
18    address, city, state, and zip code if different from his
19    or her principal place of residence.
20        (10) A space for the person to fill in his or her
21    Illinois driver's license number if the person has a
22    driver's license.
23        (11) A space for a person without a driver's license
24    to fill in the last four digits of his or her social
25    security number if the person has a social security
26    number.

 

 

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1        (12) A space for a person without an Illinois driver's
2    license to fill in his or her identification number from
3    his or her State Identification card issued by the
4    Secretary of State.
5        (13) A space for the person to fill the name appearing
6    on his or her last voter registration, the street address
7    of his or her last registration, including the city,
8    county, state, and zip code.
9        (14) A space where the person swears or affirms the
10    following under penalty of perjury with his or her
11    signature:
12            (a) "I am a citizen of the United States.";
13            (b) "I will be at least 18 years old on or before
14        the next election.";
15            (c) "I will have lived in the State of Illinois and
16        in my election precinct at least 30 days as of the date
17        of the next election."; and
18            (d) "The information I have provided is true to
19        the best of my knowledge under penalty of perjury. If I
20        have provided false information, then I may be fined,
21        imprisoned, or, if I am not a U.S. citizen, deported
22        from or refused entry into the United States.".
23        (15) A space for the person to fill in his or her
24    e-mail address if he or she chooses to provide that
25    information.
26    (d-5) Compliance with federal law; rulemaking authority.

 

 

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1The voter registration form described in this Section shall be
2consistent with the form prescribed by the Federal Election
3Commission under the National Voter Registration Act of 1993,
4P.L. 103-31, as amended from time to time, and the Help America
5Vote Act of 2002, P.L. 107-252, in all relevant respects. The
6State Board of Elections shall periodically update the form
7based on changes to federal or State law. The State Board of
8Elections shall promulgate any rules necessary for the
9implementation of this Section; provided that the rules
10comport with the letter and spirit of the National Voter
11Registration Act of 1993 and Help America Vote Act of 2002 and
12maximize the opportunity for a person to register to vote.
13    (d-10) No later than 90 days after the 2022 general
14election, the State Board of Elections shall permit applicants
15to choose between "male", "female", or "non-binary" when
16designating the applicant's sex on the voter registration
17form.
18    (e) Forms available in paper form. The State Board of
19Elections shall make the voter registration form available in
20regular paper stock and form in sufficient quantities for the
21general public. The State Board of Elections may provide the
22voter registration form to the Secretary of State, county
23clerks, boards of election commissioners, designated agencies
24of the State of Illinois, and any other person or entity
25designated to have these forms by this Code in regular paper
26stock and form or some other format deemed suitable by the

 

 

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1Board. Each county clerk or board of election commissioners
2has the authority to design and print its own voter
3registration form so long as the form complies with the
4requirements of this Section. The State Board of Elections,
5county clerks, boards of election commissioners, or other
6designated agencies of the State of Illinois required to have
7these forms under this Code shall provide a member of the
8public with any reasonable number of forms that he or she may
9request. Nothing in this Section shall permit the State Board
10of Elections, county clerk, board of election commissioners,
11or other appropriate election official who may accept a voter
12registration form to refuse to accept a voter registration
13form because the form is printed on photocopier or regular
14paper stock and form.
15    (f) (Blank).
16(Source: P.A. 100-863, eff. 8-14-18.)
 
17    (Text of Section after amendment by P.A. 102-292)
18    Sec. 1A-16. Voter registration information; Internet
19posting; processing of voter registration forms; content of
20such forms. Notwithstanding any law to the contrary, the
21following provisions shall apply to voter registration under
22this Code.
23    (a) Voter registration information; Internet posting of
24voter registration form. Within 90 days after August 21, 2003
25(the effective date of Public Act 93-574), the State Board of

 

 

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1Elections shall post on its World Wide Web site the following
2information:
3        (1) A comprehensive list of the names, addresses,
4    phone numbers, and websites, if applicable, of all county
5    clerks and boards of election commissioners in Illinois.
6        (2) A schedule of upcoming elections and the deadline
7    for voter registration.
8        (3) A downloadable, printable voter registration form,
9    in at least English and in Spanish versions, that a person
10    may complete and mail or submit to the State Board of
11    Elections or the appropriate county clerk or board of
12    election commissioners.
13Any forms described under paragraph (3) must state the
14following:
15        If you do not have a driver's license or social
16    security number, and this form is submitted by mail, and
17    you have never registered to vote in the jurisdiction you
18    are now registering in, then you must send, with this
19    application, either (i) a copy of a current and valid
20    photo identification, or (ii) a copy of a current utility
21    bill, bank statement, government check, paycheck, or other
22    government document that shows the name and address of the
23    voter. If you do not provide the information required
24    above, then you will be required to provide election
25    officials with either (i) or (ii) described above the
26    first time you vote at a voting place.

 

 

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1    (b) Acceptance of registration forms by the State Board of
2Elections and county clerks and board of election
3commissioners. The State Board of Elections, county clerks,
4and board of election commissioners shall accept all completed
5voter registration forms described in subsection (a)(3) of
6this Section and Section 1A-17 and voter registration forms
7created under Section 30 of the Address Confidentiality for
8Victims of Domestic Violence, Sexual Assault, Human
9Trafficking, or Stalking Act that are:
10        (1) postmarked on or before the day that voter
11    registration is closed under this Code;
12        (2) not postmarked, but arrives no later than 5 days
13    after the close of registration;
14        (3) submitted in person by a person using the form on
15    or before the day that voter registration is closed under
16    this Code; or
17        (4) submitted in person by a person who submits one or
18    more forms on behalf of one or more persons who used the
19    form on or before the day that voter registration is
20    closed under this Code.
21    Upon the receipt of a registration form, the State Board
22of Elections shall mark the date on which the form was received
23and send the form via first class mail to the appropriate
24county clerk or board of election commissioners, as the case
25may be, within 2 business days based upon the home address of
26the person submitting the registration form. The county clerk

 

 

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1and board of election commissioners shall accept and process
2any form received from the State Board of Elections.
3    (c) Processing of registration forms by county clerks and
4boards of election commissioners. The county clerk or board of
5election commissioners shall promulgate procedures for
6processing the voter registration form.
7    (d) Contents of the voter registration form. The State
8Board shall create a voter registration form, which must
9contain the following content:
10        (1) Instructions for completing the form.
11        (2) A summary of the qualifications to register to
12    vote in Illinois.
13        (3) Instructions for mailing in or submitting the form
14    in person.
15        (4) The phone number for the State Board of Elections
16    should a person submitting the form have questions.
17        (5) A box for the person to check that explains one of
18    3 reasons for submitting the form:
19            (a) new registration;
20            (b) change of address; or
21            (c) change of name.
22        (6) a box for the person to check yes or no that asks,
23    "Are you a citizen of the United States?", a box for the
24    person to check yes or no that asks, "Will you be 18 years
25    of age on or before election day?", and a statement of "If
26    you checked 'no' in response to either of these questions,

 

 

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1    then do not complete this form.".
2        (7) A space for the person to fill in his or her home
3    telephone number.
4        (8) Spaces for the person to fill in his or her first,
5    middle, and last names, street address (principal place of
6    residence), county, city, state, and zip code.
7        (9) Spaces for the person to fill in his or her mailing
8    address, city, state, and zip code if different from his
9    or her principal place of residence.
10        (10) A space for the person to fill in his or her
11    Illinois driver's license number if the person has a
12    driver's license.
13        (11) A space for a person without a driver's license
14    to fill in the last four digits of his or her social
15    security number if the person has a social security
16    number.
17        (12) A space for a person without an Illinois driver's
18    license to fill in his or her identification number from
19    his or her State Identification card issued by the
20    Secretary of State.
21        (13) A space for the person to fill the name appearing
22    on his or her last voter registration, the street address
23    of his or her last registration, including the city,
24    county, state, and zip code.
25        (14) A space where the person swears or affirms the
26    following under penalty of perjury with his or her

 

 

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1    signature:
2            (a) "I am a citizen of the United States.";
3            (b) "I will be at least 18 years old on or before
4        the next election.";
5            (c) "I will have lived in the State of Illinois and
6        in my election precinct at least 30 days as of the date
7        of the next election."; and
8            (d) "The information I have provided is true to
9        the best of my knowledge under penalty of perjury. If I
10        have provided false information, then I may be fined,
11        imprisoned, or, if I am not a U.S. citizen, deported
12        from or refused entry into the United States.".
13        (15) A space for the person to fill in his or her
14    e-mail address if he or she chooses to provide that
15    information.
16    (d-5) Compliance with federal law; rulemaking authority.
17The voter registration form described in this Section shall be
18consistent with the form prescribed by the Federal Election
19Commission under the National Voter Registration Act of 1993,
20P.L. 103-31, as amended from time to time, and the Help America
21Vote Act of 2002, P.L. 107-252, in all relevant respects. The
22State Board of Elections shall periodically update the form
23based on changes to federal or State law. The State Board of
24Elections shall promulgate any rules necessary for the
25implementation of this Section; provided that the rules
26comport with the letter and spirit of the National Voter

 

 

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1Registration Act of 1993 and Help America Vote Act of 2002 and
2maximize the opportunity for a person to register to vote.
3    (d-10) No later than 90 days after the 2022 general
4election, the State Board of Elections shall permit applicants
5to choose between "male", "female", or "non-binary" when
6designating the applicant's sex on the voter registration
7form.
8    (e) Forms available in paper form. The State Board of
9Elections shall make the voter registration form available in
10regular paper stock and form in sufficient quantities for the
11general public. The State Board of Elections may provide the
12voter registration form to the Secretary of State, county
13clerks, boards of election commissioners, designated agencies
14of the State of Illinois, and any other person or entity
15designated to have these forms by this Code in regular paper
16stock and form or some other format deemed suitable by the
17Board. Each county clerk or board of election commissioners
18has the authority to design and print its own voter
19registration form so long as the form complies with the
20requirements of this Section. The State Board of Elections,
21county clerks, boards of election commissioners, or other
22designated agencies of the State of Illinois required to have
23these forms under this Code shall provide a member of the
24public with any reasonable number of forms that he or she may
25request. Nothing in this Section shall permit the State Board
26of Elections, county clerk, board of election commissioners,

 

 

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1or other appropriate election official who may accept a voter
2registration form to refuse to accept a voter registration
3form because the form is printed on photocopier or regular
4paper stock and form.
5    (f) (Blank).
6(Source: P.A. 102-292, eff. 1-1-22.)
 
7    (10 ILCS 5/2A-1.1b)
8    (Section scheduled to be repealed on January 1, 2023)
9    Sec. 2A-1.1b. 2022 general primary election and general
10election dates.
11    (a) In addition to the provisions of this Code and
12notwithstanding any other law to the contrary, the provisions
13in this Section shall govern the dates for the conduct of the
142022 general primary election and for preparing for the 2022
15general election. The provisions of this Code shall control
16any aspect of the administration or conduct of the 2022
17general primary election and 2022 general election that is not
18provided for in this Section, provided that in the event of
19conflict between this Section and any other provision of this
20Code or any other law, the provisions of this Section shall
21control. The provisions of this Section shall apply to all
22election authorities, including, but not limited to, those
23under the jurisdiction of a Board of Election Commissioners.
24The provisions of this Section shall apply for the dates for
25the 2022 general primary election and the 2022 general

 

 

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1election only and the provisions of this amendatory Act of the
2102nd General Assembly shall be in effect through December 31,
32022.
4    (b) Petitions for nomination for the general primary
5election may begin circulation on January 13, 2022. All
6petitions for nomination of an established party candidate for
7statewide office shall be signed by at least 3,250 but not more
8than 6,500 of the qualified primary electors of the
9candidate's party. All petitions for nomination of an
10established party candidate for the office of Representative
11in the General Assembly shall be signed by at least 400 but not
12more than 1,000 of the qualified primary electors of the
13candidate's party in the candidate's representative district.
14All petitions for nomination of an established party candidate
15for the office of State Senator shall be signed by at least 650
16but not more than 2,000 of the qualified primary electors of
17the candidate's party in the candidate's legislative district.
18The signature requirement for an established party candidate
19for all other offices shall be reduced by one-third and any
20provision of this Code limiting the maximum number of
21signatures that may be submitted for those offices shall be
22reduced by one-third.
23    (c) Petitions for nomination for congressional, or
24judicial office, or for any office a nomination for which is
25made for a territorial division or district which comprises
26more than one county or is partly in one county and partly in

 

 

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1another county or counties (including the Fox Metro Water
2Reclamation District) for the general primary election may be
3filed in the principal office of the State Board of Elections
4beginning on March 7, 2022 but no later than March 14, 2022; a
5petition for nomination to fill a vacancy by special election
6in the office of representative in Congress from this State
7(for vacancies occurring between February 21, 2022 and March
814, 2022) for the general primary election may be filed in the
9principal office of the State Board of Elections beginning
10March 28, 2022 but no later than April 4, 2022.
11    (d) Objections to certificates of nomination and
12nomination papers and petitions to submit public questions to
13a referendum for the general primary election shall be filed
14no later than March 21, 2022.
15    (e) Electors may request vote by mail ballots for the
16general primary election beginning on March 30, 2022 but no
17later than June 23, 2022.
18    (f) Petitions for nomination for independent candidates
19and new political party candidates for the general election
20may begin circulation on April 13, 2022.
21    (g) The State Board of Elections shall certify the names
22of candidates who filed nomination papers or certificates of
23nomination for the general primary election with the Board no
24later than April 21, 2022.
25    (h) A notarized declaration of intent to be a write-in
26candidate for the general primary election shall be filed with

 

 

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1the proper election authority or authorities no later than
2April 28, 2022.
3    (i) Each election authority shall mail ballots to each
4person who has filed an application for a ballot for the
5general primary election under Article 20 no later than May
614, 2022, and any application received after May 12, 2022
7shall be mailed within 2 business days after receipt of the
8application.
9    (j) The period for early voting by personal appearance for
10the general primary election shall begin on May 19, 2022.
11    (k) The general primary election shall be held on June 28,
122022.
13    (l) The last day for an established party managing
14committee to appoint someone to fill a vacancy for the general
15election when no candidate was nominated at the general
16primary election and for the appointee to file the required
17documentation is July 25, 2022 August 13, 2022. The signature
18requirement for an established party candidate filing to fill
19a vacancy shall be reduced by two-thirds and any provision of
20this Code limiting the maximum number of signatures that may
21be submitted for those offices shall be reduced by two-thirds.
22Objections to nomination papers, certificates of nomination,
23or resolutions for established party candidates filing to fill
24a vacancy shall be filed no later than August 1, 2022.
25    (m) Certificates of nomination and nomination papers for
26the nomination of new political parties and independent

 

 

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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 beginning July 5, 2022 but no later than July 11,
62022. Certificates of nomination and nomination papers for the
7nomination of new political parties and independent candidates
8for all other offices shall be presented to the appropriate
9election authority or local election official with whom such
10nomination papers are filed beginning July 5, 2022 but no
11later than July 11, 2022.
12    (n) Objections to certificates of nomination and
13nomination papers for new political parties and independent
14candidates for the general election shall be filed no later
15than July 18, 2022.
16    (o) (Blank). A person for whom a petition for nomination
17has been filed for the general election may withdraw his or her
18petition with the appropriate election authority no later than
19August 13, 2022.
20    (p) (Blank). The State Board of Elections shall certify to
21the county clerks the names of each of the candidates to appear
22on the ballot for the general election no later than September
236, 2022.
24    (q) This Section is repealed on January 1, 2023.
25(Source: P.A. 102-15, eff. 6-17-21.)
 

 

 

SB0536 Enrolled- 21 -LRB102 12960 SMS 18303 b

1    (10 ILCS 5/9-8.5)
2    (Text of Section before amendment by P.A. 102-664)
3    Sec. 9-8.5. Limitations on campaign contributions.
4    (a) It is unlawful for a political committee to accept
5contributions except as provided in this Section.
6    (b) During an election cycle, a candidate political
7committee may not accept contributions with an aggregate value
8over the following: (i) $5,000 from any individual, (ii)
9$10,000 from any corporation, labor organization, or
10association, or (iii) $50,000 from a candidate political
11committee or political action committee. A candidate political
12committee may accept contributions in any amount from a
13political party committee except during an election cycle in
14which the candidate seeks nomination at a primary election.
15During an election cycle in which the candidate seeks
16nomination at a primary election, a candidate political
17committee may not accept contributions from political party
18committees with an aggregate value over the following: (i)
19$200,000 for a candidate political committee established to
20support a candidate seeking nomination to statewide office,
21(ii) $125,000 for a candidate political committee established
22to support a candidate seeking nomination to the Senate, the
23Supreme Court or Appellate Court in the First Judicial
24District, or an office elected by all voters in a county with
251,000,000 or more residents, (iii) $75,000 for a candidate
26political committee established to support a candidate seeking

 

 

SB0536 Enrolled- 22 -LRB102 12960 SMS 18303 b

1nomination to the House of Representatives, the Supreme Court
2or Appellate Court for a Judicial District other than the
3First Judicial District, an office elected by all voters of a
4county of fewer than 1,000,000 residents, and municipal and
5county offices in Cook County other than those elected by all
6voters of Cook County, and (iv) $50,000 for a candidate
7political committee established to support the nomination of a
8candidate to any other office. A candidate political committee
9established to elect a candidate to the General Assembly may
10accept contributions from only one legislative caucus
11committee. A candidate political committee may not accept
12contributions from a ballot initiative committee or from an
13independent expenditure committee.
14    (b-5) Judicial elections.
15        (1) In addition to any other provision of this
16    Section, a candidate political committee established to
17    support a candidate seeking nomination to the Supreme
18    Court, Appellate Court, or Circuit Court may not:
19            (A) accept contributions from any entity that does
20        not disclose the identity of those who make
21        contributions to the entity, except for contributions
22        that are not required to be itemized by this Code; or
23            (B) accept contributions from any out-of-state
24        person, as defined in this Article.
25        (2) As used in this subsection, "contribution" has the
26    meaning provided in Section 9-1.4 and also includes the

 

 

SB0536 Enrolled- 23 -LRB102 12960 SMS 18303 b

1    following that are subject to the limits of this Section:
2            (A) expenditures made by any person in concert or
3        cooperation with, or at the request or suggestion of,
4        a candidate, his or her designated committee, or their
5        agents; and
6            (B) the financing by any person of the
7        dissemination, distribution, or republication, in
8        whole or in part, of any broadcast or any written,
9        graphic, or other form of campaign materials prepared
10        by the candidate, his or her campaign committee, or
11        their designated agents.
12        (3) As to contributions to a candidate political
13    committee established to support a candidate seeking
14    nomination to the Supreme Court, Appellate Court, or
15    Circuit Court:
16            (A) No person shall make a contribution in the
17        name of another person or knowingly permit his or her
18        name to be used to effect such a contribution.
19            (B) No person shall knowingly accept a
20        contribution made by one person in the name of another
21        person.
22            (C) No person shall knowingly accept reimbursement
23        from another person for a contribution made in his or
24        her own name.
25            (D) No person shall make an anonymous
26        contribution.

 

 

SB0536 Enrolled- 24 -LRB102 12960 SMS 18303 b

1            (E) No person shall knowingly accept any anonymous
2        contribution.
3            (F) No person shall predicate (1) any benefit,
4        including, but not limited to, employment decisions,
5        including hiring, promotions, bonus compensation, and
6        transfers, or (2) any other gift, transfer, or
7        emolument upon:
8                (i) the decision by the recipient of that
9            benefit to donate or not to donate to a candidate;
10            or
11                (ii) the amount of any such donation.
12        (4) No judicial candidate or political committee
13    established to support a candidate seeking nomination to
14    the Supreme Court, Appellate Court, or Circuit Court shall
15    knowingly accept any contribution or make any expenditure
16    in violation of the provisions of this Section. No officer
17    or employee of a political committee established to
18    support a candidate seeking nomination to the Supreme
19    Court, Appellate Court, or Circuit Court shall knowingly
20    accept a contribution made for the benefit or use of a
21    candidate or knowingly make any expenditure in support of
22    or opposition to a candidate or for electioneering
23    communications in relation to a candidate in violation of
24    any limitation designated for contributions and
25    expenditures under this Section.
26        (5) Where the provisions of this subsection (b-5)

 

 

SB0536 Enrolled- 25 -LRB102 12960 SMS 18303 b

1    conflict with any other provision of this Code, this
2    subsection (b-5) shall control.
3    (c) During an election cycle, a political party committee
4may not accept contributions with an aggregate value over the
5following: (i) $10,000 from any individual, (ii) $20,000 from
6any corporation, labor organization, or association, or (iii)
7$50,000 from a political action committee. A political party
8committee may accept contributions in any amount from another
9political party committee or a candidate political committee,
10except as provided in subsection (c-5). Nothing in this
11Section shall limit the amounts that may be transferred
12between a political party committee established under
13subsection (a) of Section 7-8 of this Code and an affiliated
14federal political committee established under the Federal
15Election Code by the same political party. A political party
16committee may not accept contributions from a ballot
17initiative committee or from an independent expenditure
18committee. A political party committee established by a
19legislative caucus may not accept contributions from another
20political party committee established by a legislative caucus.
21    (c-5) During the period beginning on the date candidates
22may begin circulating petitions for a primary election and
23ending on the day of the primary election, a political party
24committee may not accept contributions with an aggregate value
25over $50,000 from a candidate political committee or political
26party committee. A political party committee may accept

 

 

SB0536 Enrolled- 26 -LRB102 12960 SMS 18303 b

1contributions in any amount from a candidate political
2committee or political party committee if the political party
3committee receiving the contribution filed a statement of
4nonparticipation in the primary as provided in subsection
5(c-10). The Task Force on Campaign Finance Reform shall study
6and make recommendations on the provisions of this subsection
7to the Governor and General Assembly by September 30, 2012.
8This subsection becomes inoperative on July 1, 2013 and
9thereafter no longer applies.
10    (c-10) A political party committee that does not intend to
11make contributions to candidates to be nominated at a general
12primary election or consolidated primary election may file a
13Statement of Nonparticipation in a Primary Election with the
14Board. The Statement of Nonparticipation shall include a
15verification signed by the chairperson and treasurer of the
16committee that (i) the committee will not make contributions
17or coordinated expenditures in support of or opposition to a
18candidate or candidates to be nominated at the general primary
19election or consolidated primary election (select one) to be
20held on (insert date), (ii) the political party committee may
21accept unlimited contributions from candidate political
22committees and political party committees, provided that the
23political party committee does not make contributions to a
24candidate or candidates to be nominated at the primary
25election, and (iii) failure to abide by these requirements
26shall deem the political party committee in violation of this

 

 

SB0536 Enrolled- 27 -LRB102 12960 SMS 18303 b

1Article and subject the committee to a fine of no more than
2150% of the total contributions or coordinated expenditures
3made by the committee in violation of this Article. This
4subsection becomes inoperative on July 1, 2013 and thereafter
5no longer applies.
6    (d) During an election cycle, a political action committee
7may not accept contributions with an aggregate value over the
8following: (i) $10,000 from any individual, (ii) $20,000 from
9any corporation, labor organization, political party
10committee, or association, or (iii) $50,000 from a political
11action committee or candidate political committee. A political
12action committee may not accept contributions from a ballot
13initiative committee or from an independent expenditure
14committee.
15    (e) A ballot initiative committee may accept contributions
16in any amount from any source, provided that the committee
17files the document required by Section 9-3 of this Article and
18files the disclosure reports required by the provisions of
19this Article.
20    (e-5) An independent expenditure committee may accept
21contributions in any amount from any source, provided that the
22committee files the document required by Section 9-3 of this
23Article and files the disclosure reports required by the
24provisions of this Article.
25    (f) Nothing in this Section shall prohibit a political
26committee from dividing the proceeds of joint fundraising

 

 

SB0536 Enrolled- 28 -LRB102 12960 SMS 18303 b

1efforts; provided that no political committee may receive more
2than the limit from any one contributor, and provided that an
3independent expenditure committee may not conduct joint
4fundraising efforts with a candidate political committee or a
5political party committee.
6    (g) On January 1 of each odd-numbered year, the State
7Board of Elections shall adjust the amounts of the
8contribution limitations established in this Section for
9inflation as determined by the Consumer Price Index for All
10Urban Consumers as issued by the United States Department of
11Labor and rounded to the nearest $100. The State Board shall
12publish this information on its official website.
13    (h) Self-funding candidates. If a public official, a
14candidate, or the public official's or candidate's immediate
15family contributes or loans to the public official's or
16candidate's political committee or to other political
17committees that transfer funds to the public official's or
18candidate's political committee or makes independent
19expenditures for the benefit of the public official's or
20candidate's campaign during the 12 months prior to an election
21in an aggregate amount of more than (i) $250,000 for statewide
22office or (ii) $100,000 for all other elective offices, then
23the public official or candidate shall file with the State
24Board of Elections, within one day, a Notification of
25Self-funding that shall detail each contribution or loan made
26by the public official, the candidate, or the public

 

 

SB0536 Enrolled- 29 -LRB102 12960 SMS 18303 b

1official's or candidate's immediate family. Within 2 business
2days after the filing of a Notification of Self-funding, the
3notification shall be posted on the Board's website and the
4Board shall give official notice of the filing to each
5candidate for the same office as the public official or
6candidate making the filing, including the public official or
7candidate filing the Notification of Self-funding. Notice
8shall be sent via first class mail to the candidate and the
9treasurer of the candidate's committee. Notice shall also be
10sent by e-mail to the candidate and the treasurer of the
11candidate's committee if the candidate and the treasurer, as
12applicable, have provided the Board with an e-mail address.
13Upon posting of the notice on the Board's website, all
14candidates for that office, including the public official or
15candidate who filed a Notification of Self-funding, shall be
16permitted to accept contributions in excess of any
17contribution limits imposed by subsection (b). If a public
18official or candidate filed a Notification of Self-funding
19during an election cycle that includes a general primary
20election or consolidated primary election and that public
21official or candidate is nominated, all candidates for that
22office, including the nominee who filed the notification of
23self-funding, shall be permitted to accept contributions in
24excess of any contribution limit imposed by subsection (b) for
25the subsequent election cycle. For the purposes of this
26subsection, "immediate family" means the spouse, parent, or

 

 

SB0536 Enrolled- 30 -LRB102 12960 SMS 18303 b

1child of a public official or candidate.
2    (h-5) If a natural person or independent expenditure
3committee makes independent expenditures in support of or in
4opposition to the campaign of a particular public official or
5candidate in an aggregate amount of more than (i) $250,000 for
6statewide office or (ii) $100,000 for all other elective
7offices in an election cycle, as reported in a written
8disclosure filed under subsection (a) of Section 9-8.6 or
9subsection (e-5) of Section 9-10, then the State Board of
10Elections shall, within 2 business days after the filing of
11the disclosure, post the disclosure on the Board's website and
12give official notice of the disclosure to each candidate for
13the same office as the public official or candidate for whose
14benefit or detriment the natural person or independent
15expenditure committee made independent expenditures. Upon
16posting of the notice on the Board's website, all candidates
17for that office in that election, including the public
18official or candidate for whose benefit or detriment the
19natural person or independent expenditure committee made
20independent expenditures, shall be permitted to accept
21contributions in excess of any contribution limits imposed by
22subsection (b).
23    (h-10) If the State Board of Elections receives
24notification or determines that a natural person or persons,
25an independent expenditure committee or committees, or
26combination thereof has made independent expenditures in

 

 

SB0536 Enrolled- 31 -LRB102 12960 SMS 18303 b

1support of or in opposition to the campaign of a particular
2public official or candidate in an aggregate amount of more
3than (i) $250,000 for statewide office or (ii) $100,000 for
4all other elective offices in an election cycle, then the
5Board shall, within 2 business days after discovering the
6independent expenditures that, in the aggregate, exceed the
7threshold set forth in (i) and (ii) of this subsection, post
8notice of this fact on the Board's website and give official
9notice to each candidate for the same office as the public
10official or candidate for whose benefit or detriment the
11independent expenditures were made. Notice shall be sent via
12first class mail to the candidate and the treasurer of the
13candidate's committee. Notice shall also be sent by e-mail to
14the candidate and the treasurer of the candidate's committee
15if the candidate and the treasurer, as applicable, have
16provided the Board with an e-mail address. Upon posting of the
17notice on the Board's website, all candidates of that office
18in that election, including the public official or candidate
19for whose benefit or detriment the independent expenditures
20were made, may accept contributions in excess of any
21contribution limits imposed by subsection (b).
22    (i) For the purposes of this Section, a corporation, labor
23organization, association, or a political action committee
24established by a corporation, labor organization, or
25association may act as a conduit in facilitating the delivery
26to a political action committee of contributions made through

 

 

SB0536 Enrolled- 32 -LRB102 12960 SMS 18303 b

1dues, levies, or similar assessments and the political action
2committee may report the contributions in the aggregate,
3provided that: (i) contributions made through dues, levies, or
4similar assessments paid by any natural person, corporation,
5labor organization, or association in a calendar year may not
6exceed the limits set forth in this Section; (ii) the
7corporation, labor organization, association, or a political
8action committee established by a corporation, labor
9organization, or association facilitating the delivery of
10contributions maintains a list of natural persons,
11corporations, labor organizations, and associations that paid
12the dues, levies, or similar assessments from which the
13contributions comprising the aggregate amount derive; and
14(iii) contributions made through dues, levies, or similar
15assessments paid by any natural person, corporation, labor
16organization, or association that exceed $1,000 $500 in a
17quarterly reporting period shall be itemized on the
18committee's quarterly report and may not be reported in the
19aggregate. A political action committee facilitating the
20delivery of contributions or receiving contributions shall
21disclose the amount of contributions made through dues
22delivered or received and the name of the corporation, labor
23organization, association, or political action committee
24delivering the contributions, if applicable. On January 1 of
25each odd-numbered year, the State Board of Elections shall
26adjust the amounts of the contribution limitations established

 

 

SB0536 Enrolled- 33 -LRB102 12960 SMS 18303 b

1in this subsection for inflation as determined by the Consumer
2Price Index for All Urban Consumers as issued by the United
3States Department of Labor and rounded to the nearest $100.
4The State Board shall publish this information on its official
5website.
6    (j) A political committee that receives a contribution or
7transfer in violation of this Section shall dispose of the
8contribution or transfer by returning the contribution or
9transfer, or an amount equal to the contribution or transfer,
10to the contributor or transferor or donating the contribution
11or transfer, or an amount equal to the contribution or
12transfer, to a charity. A contribution or transfer received in
13violation of this Section that is not disposed of as provided
14in this subsection within 30 days after the Board sends
15notification to the political committee of the excess
16contribution by certified mail shall escheat to the General
17Revenue Fund and the political committee shall be deemed in
18violation of this Section and subject to a civil penalty not to
19exceed 150% of the total amount of the contribution.
20    (k) For the purposes of this Section, "statewide office"
21means the Governor, Lieutenant Governor, Attorney General,
22Secretary of State, Comptroller, and Treasurer.
23    (l) This Section is repealed if and when the United States
24Supreme Court invalidates contribution limits on committees
25formed to assist candidates, political parties, corporations,
26associations, or labor organizations established by or

 

 

SB0536 Enrolled- 34 -LRB102 12960 SMS 18303 b

1pursuant to federal law.
2(Source: P.A. 97-766, eff. 7-6-12; 98-115, eff. 7-29-13.)
 
3    (Text of Section after amendment by P.A. 102-664)
4    Sec. 9-8.5. Limitations on campaign contributions.
5    (a) It is unlawful for a political committee to accept
6contributions except as provided in this Section.
7    (b) During an election cycle, a candidate political
8committee may not accept contributions with an aggregate value
9over the following: (i) $5,000 from any individual, (ii)
10$10,000 from any corporation, labor organization, or
11association, or (iii) $50,000 from a candidate political
12committee or political action committee. A candidate political
13committee may accept contributions in any amount from a
14political party committee except during an election cycle in
15which the candidate seeks nomination at a primary election.
16During an election cycle in which the candidate seeks
17nomination at a primary election, a candidate political
18committee may not accept contributions from political party
19committees with an aggregate value over the following: (i)
20$200,000 for a candidate political committee established to
21support a candidate seeking nomination to statewide office,
22(ii) $125,000 for a candidate political committee established
23to support a candidate seeking nomination to the Senate, the
24Supreme Court or Appellate Court in the First Judicial
25District, or an office elected by all voters in a county with

 

 

SB0536 Enrolled- 35 -LRB102 12960 SMS 18303 b

11,000,000 or more residents, (iii) $75,000 for a candidate
2political committee established to support a candidate seeking
3nomination to the House of Representatives, the Supreme Court
4or Appellate Court for a Judicial District other than the
5First Judicial District, an office elected by all voters of a
6county of fewer than 1,000,000 residents, and municipal and
7county offices in Cook County other than those elected by all
8voters of Cook County, and (iv) $50,000 for a candidate
9political committee established to support the nomination of a
10candidate to any other office. A candidate political committee
11established to elect a candidate to the General Assembly may
12accept contributions from only one legislative caucus
13committee. A candidate political committee may not accept
14contributions from a ballot initiative committee or from an
15independent expenditure committee.
16    (b-5) Judicial elections.
17        (1) In addition to any other provision of this
18    Section, a candidate political committee established to
19    support a candidate seeking nomination to the Supreme
20    Court, Appellate Court, or Circuit Court may not:
21            (A) accept contributions from any entity that does
22        not disclose the identity of those who make
23        contributions to the entity, except for contributions
24        that are not required to be itemized by this Code; or
25            (B) accept contributions from any out-of-state
26        person, as defined in this Article.

 

 

SB0536 Enrolled- 36 -LRB102 12960 SMS 18303 b

1        (2) As used in this subsection, "contribution" has the
2    meaning provided in Section 9-1.4 and also includes the
3    following that are subject to the limits of this Section:
4            (A) expenditures made by any person in concert or
5        cooperation with, or at the request or suggestion of,
6        a candidate, his or her designated committee, or their
7        agents; and
8            (B) the financing by any person of the
9        dissemination, distribution, or republication, in
10        whole or in part, of any broadcast or any written,
11        graphic, or other form of campaign materials prepared
12        by the candidate, his or her campaign committee, or
13        their designated agents.
14        (3) As to contributions to a candidate political
15    committee established to support a candidate seeking
16    nomination to the Supreme Court, Appellate Court, or
17    Circuit Court:
18            (A) No person shall make a contribution in the
19        name of another person or knowingly permit his or her
20        name to be used to effect such a contribution.
21            (B) No person shall knowingly accept a
22        contribution made by one person in the name of another
23        person.
24            (C) No person shall knowingly accept reimbursement
25        from another person for a contribution made in his or
26        her own name.

 

 

SB0536 Enrolled- 37 -LRB102 12960 SMS 18303 b

1            (D) No person shall make an anonymous
2        contribution.
3            (E) No person shall knowingly accept any anonymous
4        contribution.
5            (F) No person shall predicate (1) any benefit,
6        including, but not limited to, employment decisions,
7        including hiring, promotions, bonus compensation, and
8        transfers, or (2) any other gift, transfer, or
9        emolument upon:
10                (i) the decision by the recipient of that
11            benefit to donate or not to donate to a candidate;
12            or
13                (ii) the amount of any such donation.
14        (4) No judicial candidate or political committee
15    established to support a candidate seeking nomination to
16    the Supreme Court, Appellate Court, or Circuit Court shall
17    knowingly accept any contribution or make any expenditure
18    in violation of the provisions of this Section. No officer
19    or employee of a political committee established to
20    support a candidate seeking nomination to the Supreme
21    Court, Appellate Court, or Circuit Court shall knowingly
22    accept a contribution made for the benefit or use of a
23    candidate or knowingly make any expenditure in support of
24    or opposition to a candidate or for electioneering
25    communications in relation to a candidate in violation of
26    any limitation designated for contributions and

 

 

SB0536 Enrolled- 38 -LRB102 12960 SMS 18303 b

1    expenditures under this Section.
2        (5) Where the provisions of this subsection (b-5)
3    conflict with any other provision of this Code, this
4    subsection (b-5) shall control.
5    (c) During an election cycle, a political party committee
6may not accept contributions with an aggregate value over the
7following: (i) $10,000 from any individual, (ii) $20,000 from
8any corporation, labor organization, or association, or (iii)
9$50,000 from a political action committee. A political party
10committee may accept contributions in any amount from another
11political party committee or a candidate political committee,
12except as provided in subsection (c-5). Nothing in this
13Section shall limit the amounts that may be transferred
14between a political party committee established under
15subsection (a) of Section 7-8 of this Code and an affiliated
16federal political committee established under the Federal
17Election Code by the same political party. A political party
18committee may not accept contributions from a ballot
19initiative committee or from an independent expenditure
20committee. A political party committee established by a
21legislative caucus may not accept contributions from another
22political party committee established by a legislative caucus.
23    (c-5) During the period beginning on the date candidates
24may begin circulating petitions for a primary election and
25ending on the day of the primary election, a political party
26committee may not accept contributions with an aggregate value

 

 

SB0536 Enrolled- 39 -LRB102 12960 SMS 18303 b

1over $50,000 from a candidate political committee or political
2party committee. A political party committee may accept
3contributions in any amount from a candidate political
4committee or political party committee if the political party
5committee receiving the contribution filed a statement of
6nonparticipation in the primary as provided in subsection
7(c-10). The Task Force on Campaign Finance Reform shall study
8and make recommendations on the provisions of this subsection
9to the Governor and General Assembly by September 30, 2012.
10This subsection becomes inoperative on July 1, 2013 and
11thereafter no longer applies.
12    (c-10) A political party committee that does not intend to
13make contributions to candidates to be nominated at a general
14primary election or consolidated primary election may file a
15Statement of Nonparticipation in a Primary Election with the
16Board. The Statement of Nonparticipation shall include a
17verification signed by the chairperson and treasurer of the
18committee that (i) the committee will not make contributions
19or coordinated expenditures in support of or opposition to a
20candidate or candidates to be nominated at the general primary
21election or consolidated primary election (select one) to be
22held on (insert date), (ii) the political party committee may
23accept unlimited contributions from candidate political
24committees and political party committees, provided that the
25political party committee does not make contributions to a
26candidate or candidates to be nominated at the primary

 

 

SB0536 Enrolled- 40 -LRB102 12960 SMS 18303 b

1election, and (iii) failure to abide by these requirements
2shall deem the political party committee in violation of this
3Article and subject the committee to a fine of no more than
4150% of the total contributions or coordinated expenditures
5made by the committee in violation of this Article. This
6subsection becomes inoperative on July 1, 2013 and thereafter
7no longer applies.
8    (d) During an election cycle, a political action committee
9may not accept contributions with an aggregate value over the
10following: (i) $10,000 from any individual, (ii) $20,000 from
11any corporation, labor organization, political party
12committee, or association, or (iii) $50,000 from a political
13action committee or candidate political committee. A political
14action committee may not accept contributions from a ballot
15initiative committee or from an independent expenditure
16committee.
17    (e) A ballot initiative committee may accept contributions
18in any amount from any source, provided that the committee
19files the document required by Section 9-3 of this Article and
20files the disclosure reports required by the provisions of
21this Article.
22    (e-5) An independent expenditure committee may accept
23contributions in any amount from any source, provided that the
24committee files the document required by Section 9-3 of this
25Article and files the disclosure reports required by the
26provisions of this Article.

 

 

SB0536 Enrolled- 41 -LRB102 12960 SMS 18303 b

1    (e-10) A limited activity committee shall not accept
2contributions, except that the officer or a candidate the
3committee has designated to support may contribute personal
4funds in order to pay for maintenance expenses. A limited
5activity committee may only make expenditures that are: (i)
6necessary for maintenance of the committee; (ii) for rent or
7lease payments until the end of the lease in effect at the time
8the officer or candidate is confirmed by the Senate; (iii)
9contributions to 501(c)(3) charities; or (iv) returning
10contributions to original contributors.
11    (f) Nothing in this Section shall prohibit a political
12committee from dividing the proceeds of joint fundraising
13efforts; provided that no political committee may receive more
14than the limit from any one contributor, and provided that an
15independent expenditure committee may not conduct joint
16fundraising efforts with a candidate political committee or a
17political party committee.
18    (g) On January 1 of each odd-numbered year, the State
19Board of Elections shall adjust the amounts of the
20contribution limitations established in this Section for
21inflation as determined by the Consumer Price Index for All
22Urban Consumers as issued by the United States Department of
23Labor and rounded to the nearest $100. The State Board shall
24publish this information on its official website.
25    (h) Self-funding candidates. If a public official, a
26candidate, or the public official's or candidate's immediate

 

 

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1family contributes or loans to the public official's or
2candidate's political committee or to other political
3committees that transfer funds to the public official's or
4candidate's political committee or makes independent
5expenditures for the benefit of the public official's or
6candidate's campaign during the 12 months prior to an election
7in an aggregate amount of more than (i) $250,000 for statewide
8office or (ii) $100,000 for all other elective offices, then
9the public official or candidate shall file with the State
10Board of Elections, within one day, a Notification of
11Self-funding that shall detail each contribution or loan made
12by the public official, the candidate, or the public
13official's or candidate's immediate family. Within 2 business
14days after the filing of a Notification of Self-funding, the
15notification shall be posted on the Board's website and the
16Board shall give official notice of the filing to each
17candidate for the same office as the public official or
18candidate making the filing, including the public official or
19candidate filing the Notification of Self-funding. Notice
20shall be sent via first class mail to the candidate and the
21treasurer of the candidate's committee. Notice shall also be
22sent by e-mail to the candidate and the treasurer of the
23candidate's committee if the candidate and the treasurer, as
24applicable, have provided the Board with an e-mail address.
25Upon posting of the notice on the Board's website, all
26candidates for that office, including the public official or

 

 

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1candidate who filed a Notification of Self-funding, shall be
2permitted to accept contributions in excess of any
3contribution limits imposed by subsection (b). If a public
4official or candidate filed a Notification of Self-funding
5during an election cycle that includes a general primary
6election or consolidated primary election and that public
7official or candidate is nominated, all candidates for that
8office, including the nominee who filed the notification of
9self-funding, shall be permitted to accept contributions in
10excess of any contribution limit imposed by subsection (b) for
11the subsequent election cycle. For the purposes of this
12subsection, "immediate family" means the spouse, parent, or
13child of a public official or candidate.
14    (h-5) If a natural person or independent expenditure
15committee makes independent expenditures in support of or in
16opposition to the campaign of a particular public official or
17candidate in an aggregate amount of more than (i) $250,000 for
18statewide office or (ii) $100,000 for all other elective
19offices in an election cycle, as reported in a written
20disclosure filed under subsection (a) of Section 9-8.6 or
21subsection (e-5) of Section 9-10, then the State Board of
22Elections shall, within 2 business days after the filing of
23the disclosure, post the disclosure on the Board's website and
24give official notice of the disclosure to each candidate for
25the same office as the public official or candidate for whose
26benefit or detriment the natural person or independent

 

 

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1expenditure committee made independent expenditures. Upon
2posting of the notice on the Board's website, all candidates
3for that office in that election, including the public
4official or candidate for whose benefit or detriment the
5natural person or independent expenditure committee made
6independent expenditures, shall be permitted to accept
7contributions in excess of any contribution limits imposed by
8subsection (b).
9    (h-10) If the State Board of Elections receives
10notification or determines that a natural person or persons,
11an independent expenditure committee or committees, or
12combination thereof has made independent expenditures in
13support of or in opposition to the campaign of a particular
14public official or candidate in an aggregate amount of more
15than (i) $250,000 for statewide office or (ii) $100,000 for
16all other elective offices in an election cycle, then the
17Board shall, within 2 business days after discovering the
18independent expenditures that, in the aggregate, exceed the
19threshold set forth in (i) and (ii) of this subsection, post
20notice of this fact on the Board's website and give official
21notice to each candidate for the same office as the public
22official or candidate for whose benefit or detriment the
23independent expenditures were made. Notice shall be sent via
24first class mail to the candidate and the treasurer of the
25candidate's committee. Notice shall also be sent by e-mail to
26the candidate and the treasurer of the candidate's committee

 

 

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1if the candidate and the treasurer, as applicable, have
2provided the Board with an e-mail address. Upon posting of the
3notice on the Board's website, all candidates of that office
4in that election, including the public official or candidate
5for whose benefit or detriment the independent expenditures
6were made, may accept contributions in excess of any
7contribution limits imposed by subsection (b).
8    (i) For the purposes of this Section, a corporation, labor
9organization, association, or a political action committee
10established by a corporation, labor organization, or
11association may act as a conduit in facilitating the delivery
12to a political action committee of contributions made through
13dues, levies, or similar assessments and the political action
14committee may report the contributions in the aggregate,
15provided that: (i) contributions made through dues, levies, or
16similar assessments paid by any natural person, corporation,
17labor organization, or association in a calendar year may not
18exceed the limits set forth in this Section; (ii) the
19corporation, labor organization, association, or a political
20action committee established by a corporation, labor
21organization, or association facilitating the delivery of
22contributions maintains a list of natural persons,
23corporations, labor organizations, and associations that paid
24the dues, levies, or similar assessments from which the
25contributions comprising the aggregate amount derive; and
26(iii) contributions made through dues, levies, or similar

 

 

SB0536 Enrolled- 46 -LRB102 12960 SMS 18303 b

1assessments paid by any natural person, corporation, labor
2organization, or association that exceed $1,000 $500 in a
3quarterly reporting period shall be itemized on the
4committee's quarterly report and may not be reported in the
5aggregate. A political action committee facilitating the
6delivery of contributions or receiving contributions shall
7disclose the amount of contributions made through dues
8delivered or received and the name of the corporation, labor
9organization, association, or political action committee
10delivering the contributions, if applicable. On January 1 of
11each odd-numbered year, the State Board of Elections shall
12adjust the amounts of the contribution limitations established
13in this subsection for inflation as determined by the Consumer
14Price Index for All Urban Consumers as issued by the United
15States Department of Labor and rounded to the nearest $100.
16The State Board shall publish this information on its official
17website.
18    (j) A political committee that receives a contribution or
19transfer in violation of this Section shall dispose of the
20contribution or transfer by returning the contribution or
21transfer, or an amount equal to the contribution or transfer,
22to the contributor or transferor or donating the contribution
23or transfer, or an amount equal to the contribution or
24transfer, to a charity. A contribution or transfer received in
25violation of this Section that is not disposed of as provided
26in this subsection within 30 days after the Board sends

 

 

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1notification to the political committee of the excess
2contribution by certified mail shall escheat to the General
3Revenue Fund and the political committee shall be deemed in
4violation of this Section and subject to a civil penalty not to
5exceed 150% of the total amount of the contribution.
6    (k) For the purposes of this Section, "statewide office"
7means the Governor, Lieutenant Governor, Attorney General,
8Secretary of State, Comptroller, and Treasurer.
9    (l) This Section is repealed if and when the United States
10Supreme Court invalidates contribution limits on committees
11formed to assist candidates, political parties, corporations,
12associations, or labor organizations established by or
13pursuant to federal law.
14(Source: P.A. 102-664, eff. 1-1-22.)
 
15    (10 ILCS 5/9-10)  (from Ch. 46, par. 9-10)
16    Sec. 9-10. Disclosure of contributions and expenditures.
17    (a) The treasurer of every political committee shall file
18with the Board reports of campaign contributions and
19expenditures as required by this Section on forms to be
20prescribed or approved by the Board.
21    (b) Every political committee shall file quarterly reports
22of campaign contributions, expenditures, and independent
23expenditures. The reports shall cover the period January 1
24through March 31, April 1 through June 30, July 1 through
25September 30, and October 1 through December 31 of each year. A

 

 

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1political committee shall file quarterly reports no later than
2the 15th day of the month following each period. Reports of
3contributions and expenditures must be filed to cover the
4prescribed time periods even though no contributions or
5expenditures may have been received or made during the period.
6A report is considered timely filed if it is received by the
7Board no later than 11:59 p.m. on the deadline or postmarked no
8later than 3 days prior to the deadline. The Board shall assess
9a civil penalty not to exceed $5,000 for failure to file a
10report required by this subsection. The fine, however, shall
11not exceed $1,000 for a first violation if the committee files
12less than 10 days after the deadline. There shall be no fine if
13the report is mailed and postmarked at least 72 hours prior to
14the filing deadline. When considering the amount of the fine
15to be imposed, the Board shall consider whether the violation
16was committed inadvertently, negligently, knowingly, or
17intentionally and any past violations of this Section.
18    (c) A political committee shall file a report of any
19contribution of $1,000 or more electronically with the Board
20within 5 business days after receipt of the contribution,
21except that the report shall be filed within 2 business days
22after receipt if (i) the contribution is received 30 or fewer
23days before the date of an election and (ii) the political
24committee supports or opposes a candidate or public question
25on the ballot at that election or makes expenditures in excess
26of $500 on behalf of or in opposition to a candidate,

 

 

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1candidates, a public question, or public questions on the
2ballot at that election. The State Board shall allow filings
3of reports of contributions of $1,000 or more by political
4committees that are not required to file electronically to be
5made by facsimile transmission. It is not a violation of this
6subsection (c) and a political committee does not need to file
7a report of a contribution of $1,000 or more if the
8contribution is received and returned within the same period
9it is required to be disclosed on a quarterly report. The Board
10shall assess a civil penalty for failure to file a report
11required by this subsection. Failure to report each
12contribution is a separate violation of this subsection. The
13Board shall impose fines for willful or wanton violations of
14this subsection (c) not to exceed 150% of the total amount of
15the contributions that were untimely reported, but in no case
16shall it be less than 10% of the total amount of the
17contributions that were untimely reported. When considering
18the amount of the fine to be imposed for willful or wanton
19violations, the Board shall consider the number of days the
20contribution was reported late and past violations of this
21Section and Section 9-3. The Board may impose a fine for
22negligent or inadvertent violations of this subsection not to
23exceed 50% of the total amount of the contributions that were
24untimely reported, or the Board may waive the fine. When
25considering whether to impose a fine and the amount of the
26fine, the Board shall consider the following factors: (1)

 

 

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1whether the political committee made an attempt to disclose
2the contribution and any attempts made to correct the
3violation, (2) whether the violation is attributed to a
4clerical or computer error, (3) the amount of the
5contribution, (4) whether the violation arose from a
6discrepancy between the date the contribution was reported
7transferred by a political committee and the date the
8contribution was received by a political committee, (5) the
9number of days the contribution was reported late, and (6)
10past violations of this Section and Section 9-3 by the
11political committee.
12    (d) For the purpose of this Section, a contribution is
13considered received on the date (i) a monetary contribution
14was deposited in a bank, financial institution, or other
15repository of funds for the committee, (ii) the date a
16committee receives notice a monetary contribution was
17deposited by an entity used to process financial transactions
18by credit card or other entity used for processing a monetary
19contribution that was deposited in a bank, financial
20institution, or other repository of funds for the committee,
21or (iii) the public official, candidate, or political
22committee receives the notification of contribution of goods
23or services as required under subsection (b) of Section 9-6.
24    (e) A political committee that makes independent
25expenditures of $1,000 or more shall file a report
26electronically with the Board within 5 business days after

 

 

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1making the independent expenditure, except that the report
2shall be filed within 2 business days after making the
3independent expenditure during the 60-day period before an
4election.
5    (e-5) An independent expenditure committee that makes an
6independent expenditure supporting or opposing a public
7official or candidate that, alone or in combination with any
8other independent expenditure made by that independent
9expenditure committee supporting or opposing that public
10official or candidate during the election cycle, equals an
11aggregate value of more than (i) $250,000 for statewide office
12or (ii) $100,000 for all other elective offices must file a
13written disclosure with the State Board of Elections within 2
14business days after making any expenditure that results in the
15independent expenditure committee exceeding the applicable
16threshold. The Board shall assess a civil penalty against an
17independent expenditure committee for failure to file the
18disclosure required by this subsection not to exceed (i) $500
19for an initial failure to file the required disclosure and
20(ii) $1,000 for each subsequent failure to file the required
21disclosure.
22    (f) A copy of each report or statement filed under this
23Article shall be preserved by the person filing it for a period
24of two years from the date of filing.
25    (g) The Board may assess a civil penalty against a
26committee for any violation of this Section. The Board shall

 

 

SB0536 Enrolled- 52 -LRB102 12960 SMS 18303 b

1provide notice of any violation no later than 365 days after
2the date of the violation and provide the committee with an
3opportunity to appeal a violation. A committee shall not be
4fined if notice is not provided as required by this
5subsection. The fine assessed by the Board for a violation of
6this Section shall not exceed the amount of the contribution
7and may be no more than $500 for the first violation, no more
8than $1,000 for the second violation, no more than $2,000 for a
9third violation, and no more than $3,000 for any subsequent
10violations. When determining whether to waive or reduce a
11fine, the Board shall consider: (1) whether the political
12committee made an attempt to disclose the contribution and any
13attempts made to correct the violation; (2) whether the
14violation was inadvertent, knowingly, or intentional; (3)
15whether the violation is attributed to a clerical or computer
16error; (4) the amount of the contribution or total
17contributions in the report; (5) whether the violation arose
18from a discrepancy between the date the contribution was
19reported and the date the contribution was received by a
20political committee; (6) the number of days the report was
21submitted late; and (7) any prior violations.
22(Source: P.A. 99-437, eff. 1-1-16.)
 
23    (10 ILCS 5/11-2)  (from Ch. 46, par. 11-2)
24    Sec. 11-2. Election precincts. The County Board in each
25county, except in counties having a population of 3,000,000

 

 

SB0536 Enrolled- 53 -LRB102 12960 SMS 18303 b

1inhabitants or over, shall, at its regular meeting in June or
2an adjourned meeting in July, divide its election precincts
3which contain more than 800 voters, into election districts so
4that each precinct district shall contain, as near as may be
5practicable, 1,200 registered 500 voters, and not more in any
6case than 800. Whenever the County Board ascertains that any
7election precinct contains more than 600 registered voters, it
8may divide such precinct, at its regular meeting in June, into
9election precincts so that each precinct shall contain, as
10nearly as may be practicable, 500 voters. Insofar as is
11practicable, each precinct shall be situated within a single
12congressional, legislative and representative district and in
13not more than one County Board district and one municipal
14ward. In order to situate each precinct within a single
15district or ward, the County Board shall change the boundaries
16of election precincts after each decennial census as soon as
17is practicable following the completion of congressional and
18legislative redistricting, except that, in 2021, the county
19board shall change the boundaries at a regular or special
20meeting within 60 days after the effective date of this
21amendatory Act of the 102nd General Assembly. In determining
22whether a division of precincts should be made, the county
23board may anticipate increased voter registration in any
24precinct in which there is in progress new construction of
25dwelling units which will be occupied by voters more than 30
26days before the next election. Each district shall be composed

 

 

SB0536 Enrolled- 54 -LRB102 12960 SMS 18303 b

1of contiguous territory in as compact form as can be for the
2convenience of the electors voting therein. The several county
3boards in establishing districts shall describe them by metes
4and bounds and number them. And so often thereafter as it shall
5appear by the number of votes cast at the general election held
6in November of any year, that any election district or
7undivided election precinct contains more than 1,200
8registered 800 voters, the County Board of the county in which
9the district or precinct may be, shall at its regular meeting
10in June, or an adjourned meeting in July next, after such
11November election, redivide or readjust such election district
12or election precinct, so that no district or election precinct
13shall contain more than the number of votes above specified.
14If for any reason the County Board fails in any year to
15redivide or readjust the election districts or election
16precinct, then the districts or precincts as then existing
17shall continue until the next regular June meeting of the
18County Board; at which regular June meeting or an adjourned
19meeting in July the County Board shall redivide or readjust
20the election districts or election precincts in manner as
21herein required. When at any meeting of the County Board any
22redivision, readjustment or change in name or number of
23election districts or election precincts is made by the County
24Board, the County Clerk shall immediately notify the State
25Board of Elections of such redivision, readjustment or change.
26The County Board in every case shall fix and establish the

 

 

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1places for holding elections in its respective county and all
2elections shall be held at the places so fixed. The polling
3places shall in all cases be upon the ground floor in the front
4room, the entrance to which is in a highway or public street
5which is at least 40 feet wide, and is as near the center of
6the voting population of the precinct as is practicable, and
7for the convenience of the greatest number of electors to vote
8thereat; provided, however, where the County Board is unable
9to secure a suitable polling place within the boundaries of a
10precinct, it may select a polling place at the most
11conveniently located suitable place outside the precinct; but
12in no case shall an election be held in any room used or
13occupied as a saloon, dramshop, bowling alley or as a place of
14resort for idlers and disreputable persons, billiard hall or
15in any room connected therewith by doors or hallways. No
16person shall be permitted to vote at any election except at the
17polling place for the precinct in which he resides, except as
18otherwise provided in this Section or Article 19 of this Act.
19In counties having a population of 3,000,000 inhabitants or
20over the County Board shall divide its election precincts and
21shall fix and establish places for holding elections as
22hereinbefore provided during the month of January instead of
23at its regular meeting in June or at an adjourned meeting in
24July.
25    However, in the event that additional divisions of
26election precincts are indicated after a division made by the

 

 

SB0536 Enrolled- 56 -LRB102 12960 SMS 18303 b

1County Board in the month of January, such additional
2divisions may be made by the County Board in counties having a
3population of 3,000,000 inhabitants or over, at the regular
4meeting in June or at adjourned meeting in July. The county
5board of such county may divide or readjust precincts at any
6meeting of the county board when the voter registration in a
7precinct has increased beyond 1,800 registered voters 800 and
8an election is scheduled before the next regular January or
9June meeting of the county board.
10    When in any city, village or incorporated town territory
11has been annexed thereto or disconnected therefrom, which
12annexation or disconnection becomes effective after election
13precincts or election districts have been established as above
14provided in this Section, the clerk of the municipality shall
15inform the county clerk thereof as provided in Section 4-21,
165-28.1, or 6-31.1, whichever is applicable. In the event that
17a regular meeting of the County Board is to be held after such
18notification and before any election, the County Board shall,
19at its next regular meeting establish new election precinct
20lines in affected territory. In the event that no regular
21meeting of the County Board is to be held before such election
22the county clerk shall, within 5 days after being so informed,
23call a special meeting of the county board on a day fixed by
24him not more than 20 days thereafter for the purpose of
25establishing election precincts or election districts in the
26affected territory for the ensuing elections.

 

 

SB0536 Enrolled- 57 -LRB102 12960 SMS 18303 b

1    At any consolidated primary or consolidated election at
2which municipal officers are to be elected, and at any
3emergency referendum at which a public question relating to a
4municipality is to be voted on, notwithstanding any other
5provision of this Code, the election authority shall establish
6a polling place within such municipality, upon the request of
7the municipal council or board of trustees at least 60 days
8before the election and provided that the municipality
9provides a suitable polling place. To accomplish this purpose,
10the election authority may establish an election precinct
11constituting a single municipality of under 500 population for
12all elections, notwithstanding the minimum precinct size
13otherwise specified herein.
14    Notwithstanding the above, when there are no more than 50
15registered voters in a precinct who are entitled to vote in a
16local government or school district election, the election
17authority having jurisdiction over the precinct is authorized
18to reassign such voters to one or more polling places in
19adjacent precincts, within or without the election authority's
20jurisdiction, for that election. For the purposes of such
21local government or school district election only, the votes
22of the reassigned voters shall be tallied and canvassed as
23votes from the precinct of the polling place to which such
24voters have been reassigned. The election authority having
25jurisdiction over the precinct shall approve all
26administrative and polling place procedures. Such procedures

 

 

SB0536 Enrolled- 58 -LRB102 12960 SMS 18303 b

1shall take into account voter convenience, and ensure that the
2integrity of the election process is maintained and that the
3secrecy of the ballot is not violated.
4    Except in the event of a fire, flood or total loss of heat
5in a place fixed or established by any county board or election
6authority pursuant to this Section as a polling place for an
7election, no election authority shall change the location of a
8polling place so established for any precinct after notice of
9the place of holding the election for that precinct has been
10given as required under Article 12 unless the election
11authority notifies all registered voters in the precinct of
12the change in location by first class mail in sufficient time
13for such notice to be received by the registered voters in the
14precinct at least one day prior to the date of the election.
15    The provisions of this Section apply to all precincts,
16including those where voting machines or electronic voting
17systems are used.
18(Source: P.A. 86-867.)
 
19    (10 ILCS 5/11-3)  (from Ch. 46, par. 11-3)
20    Sec. 11-3. Election precincts.
21    (a) It shall be the duty of the Board of Commissioners
22established by Article 6 of this Act, within 2 months after its
23first organization, to divide the city, village or
24incorporated town which may adopt or is operating under
25Article 6, into election precincts, each of which shall be

 

 

SB0536 Enrolled- 59 -LRB102 12960 SMS 18303 b

1situated within a single congressional, legislative and
2representative district insofar as is practicable and in not
3more than one County Board district and one municipal ward; in
4order to situate each precinct within a single district or
5ward, the Board of Election Commissioners shall change the
6boundaries of election precincts after each decennial census
7as soon as is practicable following the completion of
8congressional and legislative redistricting and such precincts
9shall contain as nearly as practicable: (i) 1,200 registered
10voters if the precinct is located in a county with fewer than
113,000,000 inhabitants; or (ii) 1,800 registered voters if the
12precinct is located in a county with 3,000,000 or more
13inhabitants 600 qualified voters, and in making such division
14and establishing such precincts such board shall take as a
15basis the poll books, or the number of votes cast at the
16previous presidential election.
17    (b) Within 90 days after each presidential election, such
18board in a city with fewer than 500,000 inhabitants, village
19or incorporated town shall revise and rearrange such precincts
20on the basis of the votes cast at such election, making such
21precincts to contain, as near as practicable, 1,200 registered
22voters or 1,800 registered voters, as applicable 600 actual
23voters; but at any time in all instances where the vote cast at
24any precinct, at any election, equals 800, there must be a
25rearrangement so as to reduce the vote to the standard of 600
26as near as may be. However, any apartment building in which

 

 

SB0536 Enrolled- 60 -LRB102 12960 SMS 18303 b

1more than 1,200 or 1,800 800 registered voters, as applicable,
2reside may be made a single precinct even though the vote in
3such precinct exceeds 1,200 or 1,800 registered voters, as
4applicable 800.
5    (c) Within 90 days after each presidential election, a
6board in a city with more than 500,000 inhabitants shall
7revise and rearrange such precincts on the basis of the votes
8cast at such election, making such precincts to contain, as
9near as practicable: (i) 1,200 registered voters if the
10precinct is located in a county with fewer than 3,000,000
11inhabitants; or (ii) 1,800 registered voters if the precinct
12is located in a county with 3,000,000 or more inhabitants , 400
13actual voters; but at any time in all instances where the vote
14cast at any precinct, at any election, equals 600, there must
15be a rearrangement so as to reduce the vote to the standard of
16400 as near as may be. However, any apartment building in which
17more than 1,200 registered voters or 1,800 registered voters,
18as applicable, 600 registered voters reside may be made a
19single precinct even though the vote in such precinct exceeds
201,200 or 1,800 registered voters, as applicable 600.
21    (d) Immediately after the annexation of territory to the
22city, village or incorporated town becomes effective the Board
23of Election Commissioners shall revise and rearrange election
24precincts therein to include such annexed territory.
25    (e) Provided, however, that at any election where but one
26candidate is nominated and is to be voted upon at any election

 

 

SB0536 Enrolled- 61 -LRB102 12960 SMS 18303 b

1held in any political subdivision of a city, village or
2incorporated town, the Board of Election Commissioners shall
3have the power in such political subdivision to determine the
4number of voting precincts to be established in such political
5subdivision at such election, without reference to the number
6of qualified voters therein. The precincts in each ward,
7village or incorporated town shall be numbered from one
8upwards, consecutively, with no omission.
9    (f) The provisions of this Section apply to all precincts,
10including those where voting machines or electronic voting
11systems are used.
12(Source: P.A. 84-1308.)
 
13    (10 ILCS 5/11-4.2)  (from Ch. 46, par. 11-4.2)
14    Sec. 11-4.2. (a) Except as otherwise provided in
15subsection (b) all polling places shall be accessible to
16voters with disabilities and elderly voters, as determined by
17rule of the State Board of Elections, and each polling place
18shall include at least one voting booth that is wheelchair
19accessible.
20    (b) Subsection (a) of this Section shall not apply to a
21polling place (1) in the case of an emergency, as determined by
22the State Board of Elections; or (2) if the State Board of
23Elections (A) determines that all potential polling places
24have been surveyed and no such accessible place is available,
25nor is the election authority able to make one accessible; and

 

 

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1(B) assures that any voter with a disability or elderly voter
2assigned to an inaccessible polling place, upon advance
3request of such voter (pursuant to procedures established by
4rule of the State Board of Elections) will be provided with an
5alternative means for casting a ballot on the day of the
6election or will be assigned to an accessible polling place.
7    (c) No later than December 31 of each even numbered year,
8the State Board of Elections shall report to the General
9Assembly and the Federal Election Commission the number of
10accessible and inaccessible polling places in the State on the
11date of the next preceding general election, and the reasons
12for any instance of inaccessibility.
13(Source: P.A. 99-143, eff. 7-27-15.)
 
14    (10 ILCS 5/11-8)
15    (Section scheduled to be repealed on January 1, 2023)
16    Sec. 11-8. Vote centers.
17    (a) Notwithstanding any law to the contrary, election
18authorities shall establish at least one location to be
19located at an office of the election authority or in the
20largest municipality within its jurisdiction where all voters
21in its jurisdiction are allowed to vote on election day during
22polling place hours, regardless of the precinct in which they
23are registered. An election authority establishing such a
24location under this Section shall identify the location, hours
25of operation, and any health and safety requirements by the

 

 

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140th day preceding the 2022 general primary election and the
22022 general election and certify such to the State Board of
3Elections.
4    (b) This Section is repealed on January 1, 2023.
5(Source: P.A. 102-15, eff. 6-17-21.)
 
6    (10 ILCS 5/19-2)  (from Ch. 46, par. 19-2)
7    Sec. 19-2. Except as otherwise provided in this Code, any
8elector as defined in Section 19-1 may by mail or
9electronically on the website of the appropriate election
10authority, not more than 90 nor less than 5 days prior to the
11date of such election, or by personal delivery not more than 90
12nor less than one day prior to the date of such election, make
13application to the county clerk or to the Board of Election
14Commissioners for an official ballot for the voter's precinct
15to be voted at such election, or be added to a list of
16permanent vote by mail status voters who receive an official
17vote by mail ballot for subsequent elections. Such a ballot
18shall be delivered to the elector only upon separate
19application by the elector for each election. Voters who make
20an application for permanent vote by mail ballot status shall
21follow the procedures specified in Section 19-3 and may apply
22year round. Voters whose application for permanent vote by
23mail status is accepted by the election authority shall remain
24on the permanent vote by mail list until the voter requests to
25be removed from permanent vote by mail status, the voter

 

 

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1provides notice to the election authority of a change in
2registration that affects their registration status, or the
3election authority receives confirmation that the voter has
4subsequently registered to vote in another election authority
5jurisdiction county. The URL address at which voters may
6electronically request a vote by mail ballot shall be fixed no
7later than 90 calendar days before an election and shall not be
8changed until after the election. Such a ballot shall be
9delivered to the elector only upon separate application by the
10elector for each election.
11(Source: P.A. 102-15, eff. 6-17-21; revised 7-15-21.)
 
12    (10 ILCS 5/19-2.5)
13    Sec. 19-2.5. Notice for vote by mail ballot. An election
14authority shall notify all qualified voters, not more than 90
15days nor less than 45 days before a general or consolidated
16election, of the option for permanent vote by mail status
17using the following notice and including the application for
18permanent vote by mail status in subsection (b) of Section
1919-3:
20    "You may apply to permanently be placed on vote by mail
21status using the attached application.".
22(Source: P.A. 102-15, eff. 6-17-21.)
 
23    (10 ILCS 5/19-6)  (from Ch. 46, par. 19-6)
24    Sec. 19-6. Such vote by mail voter shall make and

 

 

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1subscribe to the certifications provided for in the
2application and on the return envelope for the ballot, and
3such ballot or ballots shall be folded by such voter in the
4manner required to be folded before depositing the same in the
5ballot box, and be deposited in such envelope and the envelope
6securely sealed. The voter shall then endorse his certificate
7upon the back of the envelope and the envelope shall be mailed
8in person by such voter, postage prepaid, to the election
9authority issuing the ballot or, if more convenient, it may be
10delivered in person, by either the voter or by any person
11authorized by the voter, or by a company licensed as a motor
12carrier of property by the Illinois Commerce Commission under
13the Illinois Commercial Transportation Law, which is engaged
14in the business of making deliveries.
15    Election authorities shall accept any vote by mail ballot
16returned, including ballots returned with insufficient or no
17postage. Election authorities may maintain one or more secure
18collection sites for the postage-free return of vote by mail
19ballots. Any election authority with collection sites shall
20collect all ballots returned each day at close of business and
21process them as required by this Code, including noting the
22day on which the ballot was collected returned. Ballots
23returned to such collection sites after close of business
24shall be dated as delivered the next day, with the exception of
25ballots delivered on election day, which shall be dated as
26received on election day. Election authorities shall permit

 

 

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1electors to return vote by mail ballots at any collection site
2it has established through the close of polls on election day.
3All collection sites shall be secured by locks that may be
4opened only by election authority personnel. The State Board
5of Elections shall establish additional guidelines for the
6security of collection sites.
7     It shall be unlawful for any person not the voter or a
8person authorized by the voter to take the ballot and ballot
9envelope of a voter for deposit into the mail unless the ballot
10has been issued pursuant to application by a physically
11incapacitated elector under Section 3-3 or a hospitalized
12voter under Section 19-13, in which case any employee or
13person under the direction of the facility in which the
14elector or voter is located may deposit the ballot and ballot
15envelope into the mail. If the voter authorized a person to
16deliver the ballot to the election authority, the voter and
17the person authorized to deliver the ballot shall complete the
18authorization printed on the exterior envelope supplied by an
19election authority for the return of the vote by mail ballot.
20The exterior of the envelope supplied by an election authority
21for the return of the vote by mail ballot shall include an
22authorization in substantially the following form:
 
23    I ............ (voter) authorize ............... to take
24the necessary steps to have this ballot delivered promptly to
25the office of the election authority.
 

 

 

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1.......................              ........................
2         Date                           Signature of voter
 
3...............................................
4Printed Name of Authorized Delivery Agent
 
5...............................................
6Signature of Authorized Delivery Agency
 
7...............................................
8Date Delivered to the Election Authority
9(Source: P.A. 102-1, eff. 4-2-21.)
 
10    (10 ILCS 5/11-5 rep.)
11    Section 10. The Election Code is amended by repealing
12Section 11-5.
 
13    Section 15. The Legislative Commission Reorganization Act
14of 1984 is amended by changing Section 9-2.5 as follows:
 
15    (25 ILCS 130/9-2.5)
16    Sec. 9-2.5. Newsletters and brochures. The Legislative
17Printing Unit may not print for any member of the General
18Assembly any newsletters or brochures during the period
19beginning February 1 of the year of a general primary

 

 

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1election, except that in 2022 the period shall begin on May 15,
22022, and ending the day after the general primary election
3and during a period beginning September 1 of the year of a
4general election and ending the day after the general
5election. A member of the General Assembly may not mail,
6during a period beginning February 1 of the year of a general
7primary election and ending the day after the general primary
8election and during a period beginning September 1 of the year
9of a general election and ending the day after the general
10election, any newsletters or brochures that were printed, at
11any time, by the Legislative Printing Unit, except that such a
12newsletter or brochure may be mailed during those times if it
13is mailed to a constituent in response to that constituent's
14inquiry concerning the needs of that constituent or questions
15raised by that constituent.
16(Source: P.A. 95-6, eff. 6-20-07; 96-886, eff. 1-1-11.)
 
17    Section 20. The Counties Code is amended by changing
18Section 2-3004 as follows:
 
19    (55 ILCS 5/2-3004)  (from Ch. 34, par. 2-3004)
20    Sec. 2-3004. Failure to complete reapportionment. If any
21county board fails to complete the reapportionment of its
22county by July 1 in 2011 or any 10 years thereafter or by the
23day after the county board's regularly scheduled July meeting
24in 2011 or any 10 years thereafter, or for the reapportionment

 

 

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1of 2021, by December 31 the third Wednesday in November in the
2year after a federal decennial census year, whichever is
3later, the county clerk of that county shall convene the
4county apportionment commission. Three members of the
5commission shall constitute a quorum, but a majority of all
6the members must vote affirmatively on any determination made
7by the commission. The commission shall adopt rules for its
8procedure.
9    The commission shall develop an apportionment plan for the
10county in the manner provided by Section 2-3003, dividing the
11county into the same number of districts as determined by the
12county board. If the county board has failed to determine the
13size of the county board to be elected, then the number of
14districts and the number of members to be elected shall be the
15largest number to which the county is entitled under Section
162-3002.
17    The commission shall submit its apportionment plan by
18October 1 in the year that it is convened, or for the
19reapportionment of 2021, by February 1, 2022, except that the
20circuit court, for good cause shown, may grant an extension of
21time, not exceeding a total of 60 days, within which such a
22plan may be submitted.
23(Source: P.A. 102-15, eff. 6-17-21.)
 
24    Section 25. The Downstate Forest Preserve District Act is
25amended by changing Section 3c and by adding Section 3c-1 as

 

 

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1follows:
 
2    (70 ILCS 805/3c)
3    Sec. 3c. Elected board of commissioners in certain
4counties. If the boundaries of a district are co-extensive
5with the boundaries of a county having a population of more
6than 800,000 but less than 3,000,000, all commissioners of the
7forest preserve district shall be elected from the number of
8districts as determined by the forest preserve district board
9of commissioners. Such a forest preserve district is a
10separate and distinct legal entity, and its board members are
11elected separate and apart from the elected county
12commissioners. Upon its formation, or as a result of decennial
13reapportionment, such a forest preserve district shall adopt a
14district map determining the boundary lines of each district.
15That map shall be adjusted and reapportioned subject to the
16same decennial reapportionment process stated in Section 3c-1.
17No more than one commissioner shall be elected from each
18district. The the same districts as members of the county
19board beginning with the general election held in 2002 and
20each succeeding general election. One commissioner shall be
21elected from each district. At their first meeting after their
22election in 2002 and following each subsequent decennial
23reapportionment of the county under Division 2-3 of the
24Counties Code, the elected commissioners shall publicly by lot
25divide themselves into 2 groups, as equal in size as possible.

 

 

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1Commissioners from the first group shall serve for terms of 2,
24, and 4 years; and commissioners from the second group shall
3serve terms of 4, 4, and 2 years. Beginning with the general
4election in 2002, the president of the board of commissioners
5of the forest preserve district shall be elected by the voters
6of the county, rather than by the commissioners. The president
7shall be a resident of the county and shall be elected
8throughout the county for a 4-year term without having been
9first elected as commissioner of the forest preserve district.
10Each commissioner shall be a resident of the forest preserve
11county board district from which he or she was elected not
12later than the date of the commencement of the term of office.
13The term of office for the president and commissioners elected
14under this Section shall commence on the first Monday of the
15month following the month of election. Neither a commissioner
16nor the president of the board of commissioners of that forest
17preserve district shall serve simultaneously as member or
18chairman of the county board. No person shall seek election to
19both the forest preserve commission and the county board at
20the same election, nor shall they be eligible to hold both
21offices at the same time. The president, with the advice and
22consent of the board of commissioners shall appoint a
23secretary, treasurer, and such other officers as deemed
24necessary by the board of commissioners, which officers need
25not be members of the board of commissioners. The president
26shall have the powers and duties as specified in Section 12 of

 

 

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1this Act.
2    Candidates for president and commissioner shall be
3candidates of established political parties.
4    If a vacancy in the office of president or commissioner
5occurs, other than by expiration of the president's or
6commissioner's term, the forest preserve district board of
7commissioners shall declare that a vacancy exists and
8notification of the vacancy shall be given to the county
9central committee of each established political party within 3
10business days after the occurrence of the vacancy. If the
11vacancy occurs in the office of forest preserve district
12commissioner, the president of the board of commissioners
13shall, within 60 days after the date of the vacancy, with the
14advice and consent of other commissioners then serving,
15appoint a person to serve for the remainder of the unexpired
16term. The appointee shall be affiliated with the same
17political party as the commissioner in whose office the
18vacancy occurred and be a resident of such district. If a
19vacancy in the office of president occurs, other than by
20expiration of the president's term, the remaining members of
21the board of commissioners shall, within 60 days after the
22vacancy, appoint one of the commissioners to serve as
23president for the remainder of the unexpired term. In that
24case, the office of the commissioner who is appointed to serve
25as president shall be deemed vacant and shall be filled within
2660 days by appointment of the president with the advice and

 

 

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1consent of the other forest preserve district commissioners.
2The commissioner who is appointed to fill a vacancy in the
3office of president shall be affiliated with the same
4political party as the person who occupied the office of
5president prior to the vacancy. A person appointed to fill a
6vacancy in the office of president or commissioner shall
7establish his or her party affiliation by his or her record of
8voting in primary elections or by holding or having held an
9office in an established political party organization before
10the appointment. If the appointee has not voted in a party
11primary election or is not holding or has not held an office in
12an established political party organization before the
13appointment, the appointee shall establish his or her
14political party affiliation by his or her record of
15participating in an established political party's nomination
16or election caucus. If, however, more than 28 months remain in
17the unexpired term of a commissioner or the president, the
18appointment shall be until the next general election, at which
19time the vacated office of commissioner or president shall be
20filled by election for the remainder of the term.
21Notwithstanding any law to the contrary, if a vacancy occurs
22after the last day provided in Section 7-12 of the Election
23Code for filing nomination papers for the office of president
24of a forest preserve district where that office is elected as
25provided for in this Section, or as set forth in Section 7-61
26of the Election Code, a vacancy in nomination shall be filled

 

 

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1by the passage of a resolution by the nominating committee of
2the affected political party within the time periods specified
3in the Election Code. The nominating committee shall consist
4of the chairman of the county central committee and the
5township chairmen of the affected political party. All other
6vacancies in nomination shall be filled in accordance with the
7provisions of the Election Code.
8    The president and commissioners elected under this Section
9may be reimbursed for their reasonable expenses actually
10incurred in performing their official duties under this Act in
11accordance with the provisions of Section 3a. The
12reimbursement paid under this Section shall be paid by the
13forest preserve district.
14    Compensation for the president and the forest preserve
15commissioners elected under this Section shall be established
16by the board of commissioners of the forest preserve district.
17    This Section does not apply to a forest preserve district
18created under Section 18.5 of the Conservation District Act.
19(Source: P.A. 94-617, eff. 8-18-05; 94-900, eff. 6-22-06.)
 
20    (70 ILCS 805/3c-1 new)
21    Sec. 3c-1. Reapportionment plan for forest preserve
22districts under Section 3c.
23    (a) The Downstate Forest Preserve District board of
24commissioners shall develop an apportionment plan and specify
25the number of districts. Each district shall have one

 

 

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1commissioner. Each such district:
2        (1) shall be substantially equal in population to each
3    other district; and
4        (2) shall be comprised of contiguous territory, as
5    nearly compact as practicable; and
6        (3) shall be created in such a manner so that no
7    precinct shall be divided between 2 or more districts,
8    insofar as is practicable.
9    (b) The president of the board of commissioners of a
10Downstate Forest Preserve District may develop a reappointment
11plan and that plan, as presented or as amended, shall be
12presented to the board by the third Wednesday in May in the
13year after a federal decennial census year for approval in
14accordance with the provisions of subsection (a) of this
15Section. If the president presents a plan to the board by the
16third Wednesday in May, the board shall conduct at least one
17public hearing to receive comments and to discuss the
18apportionment plan. That hearing shall be held at least 6 days
19but not more than 21 days before the board may consider
20adopting the plan, and the public shall be given notice by
21publication in a newspaper of general circulation in the
22district of the hearing at least 6 days in advance of the
23hearing. The president of the board of commissioners shall
24have access to the federal decennial census available to the
25board.
26    (c) For the reapportionment in calendar year 2021, the

 

 

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1president of the board of commissioners may develop and
2present (or redevelop and represent) to the board by the third
3Wednesday in November of 2021 an apportionment plan. If a plan
4is presented, the Board shall conduct at least one hearing on
5the proposed plan before it may be adopted. That hearing shall
6be held at least 6 days but not more than 21 days before the
7board may consider adopting the plan, and the public shall be
8given notice by publication in a newspaper of general
9circulation in the district of the hearing at least 6 days in
10advance of the hearing.
11    (d) After each decennial census, the Downstate Forest
12Preserve District board is not obligated to reapportion the
13districts if existing districts are within a 10% population
14deviation from each other based on the results of the
15decennial census.
16    (e) As used in this Section, "Downstate Forest Preserve
17District" means a district described in Section 3c.
 
18    Section 30. The Circuit Courts Act is amended by changing
19Sections 2f, 2f-2, 2f-4, 2f-5, 2f-6, and 2f-9 as follows:
 
20    (705 ILCS 35/2f)  (from Ch. 37, par. 72.2f)
21    Sec. 2f. (a) The Circuit of Cook County shall be divided
22into 15 units to be known as subcircuits. The subcircuits
23shall be compact, contiguous, and substantially equal in
24population. The General Assembly shall create the subcircuits

 

 

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1by law on or before July 1, 1991, using population data as
2determined by the 1990 Federal census.
3    (a-5) In 2022 In 2021, the General Assembly shall redraw
4the boundaries of the subcircuits to reflect the results of
5the 2020 federal decennial census. The General Assembly shall
6redraw the subcircuit boundaries after every federal decennial
7census. The subcircuits shall be compact, contiguous, and
8substantially equal in population. In accordance with
9subsection (d), a resident judgeship assigned to a subcircuit
10shall continue to be assigned to that subcircuit. Any vacancy
11in a resident judgeship existing on or occurring after the
12effective date of a law redrawing the boundaries of the
13subcircuits shall be filled by a resident of the redrawn
14subcircuit.
15    (b) The 165 resident judges to be elected from the Circuit
16of Cook County shall be determined under paragraph (4) of
17subsection (a) of Section 2 of the Judicial Vacancies Act.
18    (c) The Supreme Court shall allot (i) the additional
19resident judgeships provided by paragraph (4) of subsection
20(a) of Section 2 of the Judicial Vacancies Act and (ii) all
21vacancies in resident judgeships existing on or occurring on
22or after the effective date of this amendatory Act of 1990,
23with respect to the other resident judgeships of the Circuit
24of Cook County, for election from the various subcircuits
25until there are 11 resident judges to be elected from each of
26the 15 subcircuits (for a total of 165). A resident judgeship

 

 

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1authorized before the effective date of this amendatory Act of
21990 that became vacant and was filled by appointment by the
3Supreme Court before that effective date shall be filled by
4election at the general election in November of 1992 from the
5unit of the Circuit of Cook County within Chicago or the unit
6of that Circuit outside Chicago, as the case may be, in which
7the vacancy occurred.
8    (d) As soon as practicable after the subcircuits are
9created by law, the Supreme Court shall determine by lot a
10numerical order for the 15 subcircuits. That numerical order
11shall be the basis for the order in which resident judgeships
12are assigned to the subcircuits. After the first round of
13assignments, the second and all later rounds shall be based on
14the same numerical order. Once a resident judgeship is
15assigned to a subcircuit, it shall continue to be assigned to
16that subcircuit for all purposes.
17    (e) A resident judge elected from a subcircuit shall
18continue to reside in that subcircuit as long as he or she
19holds that office. A resident judge elected from a subcircuit
20after January 1, 2008, must retain residency as a registered
21voter in the subcircuit to run for retention from the circuit
22at large thereafter.
23(Source: P.A. 101-477, eff. 6-1-20.)
 
24    (705 ILCS 35/2f-2)
25    Sec. 2f-2. 19th judicial circuit; subcircuits; additional

 

 

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1judges.
2    (a) Prior to the boundaries of the subcircuits being
3redrawn under subsection (a-3), the 19th circuit shall be
4divided into 6 subcircuits. The subcircuits shall be compact,
5contiguous, and substantially equal in population. The General
6Assembly by law shall create the subcircuits, using population
7data as determined by the 2000 federal census, and shall
8determine a numerical order for the 6 subcircuits. That
9numerical order shall be the basis for the order in which
10resident judgeships are assigned to the subcircuits. The 6
11resident judgeships to be assigned that are not added by or
12converted from at-large judgeships as provided in this
13amendatory Act of the 96th General Assembly shall be assigned
14to the 1st, 2nd, 3rd, 4th, 5th, and 6th subcircuits, in that
15order. The 6 resident judgeships to be assigned that are added
16by or converted from at-large judgeships as provided in this
17amendatory Act of the 96th General Assembly shall be assigned
18to the 6th, 5th, 4th, 3rd, 2nd, and 1st subcircuits, in that
19order. Once a resident judgeship is assigned to a subcircuit,
20it shall continue to be assigned to that subcircuit for all
21purposes.
22    (a-3) In 2022 In 2021, the General Assembly shall redraw
23the boundaries of the subcircuits to reflect the results of
24the 2020 federal decennial census and divide the 19th circuit
25into at least 10 subcircuits. The General Assembly shall
26redraw the subcircuit boundaries after every federal decennial

 

 

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1census. The subcircuits shall be compact, contiguous, and
2substantially equal in population. Upon the division of
3subcircuits pursuant to this Section: (i) each resident
4judgeship shall be assigned to the newly drawn subcircuit in
5which the judge of the resident judgeship in question resides;
6and (ii) each at-large judgeship shall be converted to a
7resident judgeship and assigned to the subcircuit in which the
8judge of the converted judgeship in question resides. Once a
9resident judgeship is assigned to a subcircuit or an at-large
10judgeship is converted to a resident judgeship and assigned to
11a subcircuit, it shall be assigned to that subcircuit for all
12purposes. Any vacancy in a resident judgeship existing on or
13occurring after the effective date of a law redrawing the
14boundaries of the subcircuits shall be filled by a resident of
15the redrawn subcircuit. When a vacancy occurs in a resident
16judgeship, the resident judgeship shall be allotted by the
17Supreme Court under subsection (c) and filled by election.
18Notwithstanding the preceding 2 sentences, the resident
19judgeship shall not be allotted by the Supreme Court and
20filled by election if, after the vacancy arises, there are
21still 2 or more nonvacant resident judgeships in the
22subcircuit of the vacant resident judgeship in question.
23    (a-5) Of the at-large judgeships of the 19th judicial
24circuit, the first 3 that are or become vacant on or after the
25effective date of this amendatory Act of the 96th General
26Assembly shall become resident judgeships of the 19th judicial

 

 

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1circuit to be allotted by the Supreme Court under subsection
2(c) and filled by election, except that the Supreme Court may
3fill those judgeships by appointment for any remainder of a
4vacated term until the resident judgeships are filled
5initially by election. As used in this subsection, a vacancy
6does not include the expiration of a term of an at-large judge
7who seeks retention in that office at the next term.
8    (a-10) The 19th judicial circuit shall have 3 additional
9resident judgeships to be allotted by the Supreme Court under
10subsection (c). One of the additional resident judgeships
11shall be filled by election beginning at the 2010 general
12election. Two of the additional resident judgeships shall be
13filled by election beginning at the 2012 general election.
14    (a-15) The 19th judicial circuit shall have additional
15resident judgeships as provided by subsection (a-3) to be
16allotted by the Supreme Court under subsection (c). The
17resident judgeships shall be allotted by the Supreme Court in
18numerical order as provided by the General Assembly upon the
19redrawing of boundaries and the division of subcircuits
20pursuant to subsection (a-3). Two additional resident
21judgeships allotted by the Supreme Court pursuant to this
22subsection, in numerical order as provided by the General
23Assembly, shall be filled by election beginning at the 2022
24general election. The remainder of the additional resident
25judgeships shall be filled by election at the 2024 election.
26    (a-20) In addition to the 2 judgeships filled by election

 

 

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1at the 2022 election as provided by subsection (a-15), any
2judgeship that became vacant after January 1, 2020 and on the
3effective date of this amendatory Act of the 102nd General
4Assembly is held by an individual appointed by the Supreme
5Court also shall be filled by election at the 2022 general
6election. This subsection is subject to the requirement of
7subsection (a-3) that no judgeship shall be allotted by the
8Supreme Court and filled by election if, after the vacancy
9arises, there are still 2 or more nonvacant resident
10judgeships in the subcircuit of the vacant resident judgeship
11in question.
12    (b) The 19th circuit shall have a total of 12 resident
13judgeships (6 resident judgeships existing on the effective
14date of this amendatory Act of the 96th General Assembly, 3
15formerly at-large judgeships as provided in subsection (a-5),
16and 3 resident judgeships added by subsection (a-10)). The
17number of resident judgeships allotted to subcircuits of the
1819th judicial circuit pursuant to this Section shall
19constitute all the resident judgeships of the 19th judicial
20circuit.
21    (c) The Supreme Court shall allot (i) all vacancies in
22resident judgeships of the 19th circuit existing on or
23occurring on or after the effective date of this amendatory
24Act of the 93rd General Assembly and not filled at the 2004
25general election, (ii) the resident judgeships of the 19th
26circuit filled at the 2004 general election as those

 

 

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1judgeships thereafter become vacant, (iii) the 3 formerly
2at-large judgeships described in subsection (a-5) as they
3become available, (iv) the 3 resident judgeships added by
4subsection (a-10), and (v) the additional resident judgeships
5provided for by subsection (a-3), for election from the
6various subcircuits until there are 2 resident judges to be
7elected from each subcircuit. No resident judge of the 19th
8circuit serving on the effective date of this amendatory Act
9of the 93rd General Assembly shall be required to change his or
10her residency in order to continue serving in office or to seek
11retention in office as resident judgeships are allotted by the
12Supreme Court in accordance with this Section.
13    (d) A resident judge elected from a subcircuit shall
14continue to reside in that subcircuit as long as he or she
15holds that office. A resident judge elected from a subcircuit
16after January 1, 2008, must retain residency as a registered
17voter in the subcircuit to run for retention from the circuit
18at-large thereafter.
19    (e) Vacancies in resident judgeships of the 19th circuit
20shall be filled in the manner provided in Article VI of the
21Illinois Constitution.
22(Source: P.A. 101-477, eff. 6-1-20; 102-380, eff. 8-13-21.)
 
23    (705 ILCS 35/2f-4)
24    Sec. 2f-4. 12th circuit; subcircuits; additional judges.
25    (a) The 12th circuit shall be divided into 5 subcircuits.

 

 

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1The subcircuits shall be compact, contiguous, and
2substantially equal in population. The General Assembly by law
3shall create the subcircuits, using population data as
4determined by the 2000 federal census, and shall determine a
5numerical order for the 5 subcircuits. That numerical order
6shall be the basis for the order in which resident judgeships
7are assigned to the subcircuits. The 5 resident judgeships to
8be assigned after the effective date of this amendatory Act of
9the 96th General Assembly shall be assigned to the 3rd, 4th,
105th, 1st, and 2nd subcircuits, in that order. Once a resident
11judgeship is assigned to a subcircuit, it shall continue to be
12assigned to that subcircuit for all purposes.
13    (a-5) In 2022 In 2021, the General Assembly shall redraw
14the boundaries of the subcircuits to reflect the results of
15the 2020 federal decennial census. The General Assembly shall
16redraw the subcircuit boundaries after every federal decennial
17census. The subcircuits shall be compact, contiguous, and
18substantially equal in population. In accordance with
19subsection (a), a resident judgeship assigned to a subcircuit
20shall continue to be assigned to that subcircuit. Any vacancy
21in a resident judgeship existing on or occurring after the
22effective date of a law redrawing the boundaries of the
23subcircuits shall be filled by a resident of the redrawn
24subcircuit.
25    (a-10) The first vacancy in the 12th judicial circuit's 10
26existing circuit judgeships (8 at large and 2 resident), but

 

 

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1not in the additional judgeships described in subsections (b)
2and (b-5), that exists on or after the effective date of this
3amendatory Act of the 94th General Assembly shall not be
4filled, by appointment or election, and that judgeship is
5eliminated. Of the 12th judicial circuit's 10 existing circuit
6judgeships (8 at large and 2 resident), but not the additional
7judgeships described in subsections (b) and (b-5), the second
8to be vacant or become vacant on or after the effective date of
9this amendatory Act of the 94th General Assembly shall be
10allotted as a 12th circuit resident judgeship under subsection
11(c).
12    (a-15) Of the at large judgeships of the 12th judicial
13circuit not affected by subsection (a-10), the first 2 that
14are or become vacant on or after the effective date of this
15amendatory Act of the 96th General Assembly shall become
16resident judgeships of the 12th judicial circuit to be
17allotted by the Supreme Court under subsection (c) and filled
18by election, except that the Supreme Court may fill those
19judgeships by appointment for any remainder of a vacated term
20until the resident judgeships are filled initially by
21election.
22    (a-20) As used in subsections (a-10) and (a-15), a vacancy
23does not include the expiration of a term of an at large or
24resident judge who seeks retention in that office at the next
25term.
26    (b) The 12th circuit shall have 6 additional resident

 

 

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1judgeships, as well as its existing resident judgeship as
2established in subsection (a-10), and existing at large
3judgeships, for a total of 15 judgeships available to be
4allotted under subsection (c) to the 10 subcircuit resident
5judgeships. The additional resident judgeship created by
6Public Act 93-541 shall be filled by election beginning at the
7general election in 2006. The 2 additional resident judgeships
8created by this amendatory Act of 2004 shall be filled by
9election beginning at the general election in 2008. The
10additional resident judgeships created by this amendatory Act
11of the 96th General Assembly shall be filled by election
12beginning at the general election in 2010. After the
13subcircuits are created by law, the Supreme Court may fill by
14appointment the additional resident judgeships created by
15Public Act 93-541, this amendatory Act of 2004, and this
16amendatory Act of the 96th General Assembly until the 2006,
172008, or 2010 general election, as the case may be.
18    (b-5) In addition to the number of circuit judges and
19resident judges otherwise authorized by law, and
20notwithstanding any other provision of law, beginning on April
211, 2006 there shall be one additional resident judge who is a
22resident of and elected from the fourth judicial subcircuit of
23the 12th judicial circuit. That additional resident judgeship
24may be filled by appointment by the Supreme Court until filled
25by election at the general election in 2008, regardless of
26whether the judgeships for subcircuits 1, 2, and 3 have been

 

 

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1filled.
2    (c) The Supreme Court shall allot (i) the additional
3resident judgeships of the 12th circuit created by Public Act
493-541, this amendatory Act of 2004, and this amendatory Act
5of the 96th General Assembly, (ii) the second vacancy in the at
6large and resident judgeships of the 12th circuit as provided
7in subsection (a-10), and (iii) the 2 formerly at large
8judgeships described in subsection (a-15) as they become
9available, for election from the various subcircuits until,
10with the additional judge of the fourth subcircuit described
11in subsection (b-5), there are 2 resident judges to be elected
12from each subcircuit. No at large or resident judge of the 12th
13circuit serving on August 18, 2003 shall be required to change
14his or her residency in order to continue serving in office or
15to seek retention in office as at large or resident judgeships
16are allotted by the Supreme Court in accordance with this
17Section.
18    (d) A resident judge elected from a subcircuit shall
19continue to reside in that subcircuit as long as he or she
20holds that office. A resident judge elected from a subcircuit
21after January 1, 2008, must retain residency as a registered
22voter in the subcircuit to run for retention from the circuit
23at large thereafter.
24    (e) Vacancies in resident judgeships of the 12th circuit
25shall be filled in the manner provided in Article VI of the
26Illinois Constitution, except as otherwise provided in this

 

 

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1Section.
2(Source: P.A. 101-477, eff. 6-1-20.)
 
3    (705 ILCS 35/2f-5)
4    Sec. 2f-5. 22nd circuit; subcircuits; additional resident
5judgeship.
6    (a) The 22nd circuit shall be divided into 4 subcircuits.
7The subcircuits shall be compact, contiguous, and
8substantially equal in population. The General Assembly by law
9shall create the subcircuits, using population data as
10determined by the 2000 federal census, and shall determine a
11numerical order for the 4 subcircuits. That numerical order
12shall be the basis for the order in which resident judgeships
13are assigned to the subcircuits. Once a resident judgeship is
14assigned to a subcircuit, it shall continue to be assigned to
15that subcircuit for all purposes.
16    (a-5) In 2022 In 2021, the General Assembly shall redraw
17the boundaries of the subcircuits to reflect the results of
18the 2020 federal decennial census. The General Assembly shall
19redraw the subcircuit boundaries after every federal decennial
20census. The subcircuits shall be compact, contiguous, and
21substantially equal in population. In accordance with
22subsection (a), a resident judgeship assigned to a subcircuit
23shall continue to be assigned to that subcircuit. Any vacancy
24in a resident judgeship existing on or occurring after the
25effective date of a law redrawing the boundaries of the

 

 

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1subcircuits shall be filled by a resident of the redrawn
2subcircuit.
3    (b) Other than the resident judgeship added by this
4amendatory Act of the 96th General Assembly, the 22nd circuit
5shall have one additional resident judgeship, as well as its 3
6existing resident judgeships, for a total of 4 resident
7judgeships to be allotted to the 4 subcircuit resident
8judgeships. The additional resident judgeship created by this
9amendatory Act of the 93rd General Assembly shall be filled by
10election beginning at the general election in 2006 and shall
11not be filled by appointment before the general election in
122006. The number of resident judgeships allotted to
13subcircuits of the 22nd judicial circuit pursuant to this
14Section, and the resident judgeship added by this amendatory
15Act of the 96th General Assembly, shall constitute all the
16resident judgeships of the 22nd judicial circuit.
17    (c) The Supreme Court shall allot (i) all eligible
18vacancies in resident judgeships of the 22nd circuit existing
19on or occurring on or after August 18, 2003 and not filled at
20the 2004 general election, (ii) the resident judgeships of the
2122nd circuit filled at the 2004 general election as those
22judgeships thereafter become vacant, and (iii) the additional
23resident judgeship of the 22nd circuit created by this
24amendatory Act of the 93rd General Assembly, for election from
25the various subcircuits until there is one resident judge to
26be elected from each subcircuit. No resident judge of the 22nd

 

 

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1circuit serving on August 18, 2003 shall be required to change
2his or her residency in order to continue serving in office or
3to seek retention in office as resident judgeships are
4allotted by the Supreme Court in accordance with this Section.
5    (d) A resident judge elected from a subcircuit shall
6continue to reside in that subcircuit as long as he or she
7holds that office. A resident judge elected from a subcircuit
8after January 1, 2008, must retain residency as a registered
9voter in the subcircuit to run for retention from the circuit
10at large thereafter.
11    (e) Vacancies in resident judgeships of the 22nd circuit
12shall be filled in the manner provided in Article VI of the
13Illinois Constitution.
14(Source: P.A. 101-477, eff. 6-1-20.)
 
15    (705 ILCS 35/2f-6)
16    Sec. 2f-6. 17th judicial circuit; subcircuits.
17    (a) The 17th circuit shall be divided into 4 subcircuits.
18The subcircuits shall be compact, contiguous, and
19substantially equal in population. The General Assembly by law
20shall create the subcircuits, using population data as
21determined by the 2000 federal census, and shall determine a
22numerical order for the 4 subcircuits. That numerical order
23shall be the basis for the order in which resident judgeships
24are assigned to the subcircuits. Once a resident judgeship is
25assigned to a subcircuit, it shall continue to be assigned to

 

 

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1that subcircuit for all purposes.
2    (a-5) In 2022 In 2021, the General Assembly shall redraw
3the boundaries of the subcircuits to reflect the results of
4the 2020 federal decennial census. The General Assembly shall
5redraw the subcircuit boundaries after every federal decennial
6census. The subcircuits shall be compact, contiguous, and
7substantially equal in population. In accordance with
8subsection (a), a resident judgeship assigned to a subcircuit
9shall continue to be assigned to that subcircuit. Any vacancy
10in a resident judgeship existing on or occurring after the
11effective date of a law redrawing the boundaries of the
12subcircuits shall be filled by a resident of the redrawn
13subcircuit.
14    (a-10) Of the 17th circuit's 9 circuit judgeships existing
15on April 7, 2005 (6 at large and 3 resident), but not including
16the one resident judgeship added by this amendatory Act of the
1796th General Assembly, the 3 resident judgeships shall be
18allotted as 17th circuit resident judgeships under subsection
19(c) as those resident judgeships are or become vacant on or
20after the effective date of this amendatory Act of the 93rd
21General Assembly. Of the 17th circuit's associate judgeships,
22the first associate judgeship that is or becomes vacant on or
23after the effective date of this amendatory Act of the 93rd
24General Assembly shall become a resident judgeship of the 17th
25circuit to be allotted by the Supreme Court under subsection
26(c) as a resident subcircuit judgeship. These resident

 

 

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1judgeships, and the one resident judgeship added by this
2amendatory Act of the 96th General Assembly, shall constitute
3all of the resident judgeships of the 17th circuit. As used in
4this subsection, a vacancy does not include the expiration of
5a term of a resident judge who seeks retention in that office
6at the next term. A vacancy does not exist or occur at the
7expiration of an associate judge's term if the associate judge
8is reappointed.
9    (b) The 17th circuit shall have a total of 4 judgeships (3
10resident judgeships existing on April 7, 2005 and one
11associate judgeship), but not including the one resident
12judgeship added by this amendatory Act of the 96th General
13Assembly, available to be allotted to the 4 subcircuit
14resident judgeships.
15    (c) The Supreme Court shall allot (i) the 3 resident
16judgeships of the 17th circuit existing on April 7, 2005 as
17they are or become vacant as provided in subsection (a-10) and
18(ii) the one associate judgeship converted into a resident
19judgeship of the 17th circuit as it is or becomes vacant as
20provided in subsection (a-10), for election from the various
21subcircuits until there is one resident judge to be elected
22from each subcircuit. No resident or associate judge of the
2317th circuit serving on the effective date of this amendatory
24Act of the 93rd General Assembly shall be required to change
25his or her residency in order to continue serving in office or
26to seek retention or reappointment in office as resident

 

 

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1judgeships are allotted by the Supreme Court in accordance
2with this Section.
3    (d) A resident judge elected from a subcircuit shall
4continue to reside in that subcircuit as long as he or she
5holds that office. A resident judge elected from a subcircuit
6after January 1, 2008, must retain residency as a registered
7voter in the subcircuit to run for retention from the circuit
8at large thereafter.
9    (e) Vacancies in resident judgeships of the 17th circuit
10shall be filled in the manner provided in Article VI of the
11Illinois Constitution.
12(Source: P.A. 101-477, eff. 6-1-20.)
 
13    (705 ILCS 35/2f-9)
14    Sec. 2f-9. 16th judicial circuit; subcircuits.
15    (a) The 16th circuit shall be divided into 4 subcircuits.
16Subcircuits 1, 2, and 4 of the 16th circuit in existence on
17April 15, 2011 shall continue to use their established
18boundaries in the new 16th circuit as of December 3, 2012.
19Subcircuit 3 in existence on April 15, 2011 shall continue to
20use its established boundary until December 3, 2012. For a
21judge elected to subcircuit 3 as of April 15, 2011, the current
22boundaries in existence as of April 15, 2011 shall continue
23until the conclusion of the existing term of office, following
24the 2012 general election, and upon the conclusion of the
25existing term of office, the new boundary shall go into

 

 

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1effect. The new boundary for subcircuit 3 shall contain and be
2made up of the following townships in the County of Kane,
3excluding the portions of the townships currently served by
4subcircuit 1, 2, or 4: Aurora, Blackberry, Big Rock,
5Burlington, Campton, Dundee, Elgin, Hampshire, Kaneville,
6Plato, Rutland, Sugar Grove, and Virgil. The subcircuits shall
7be compact, contiguous, and substantially equal in population.
8The General Assembly by law shall create the subcircuits,
9using population data as determined by the 2000 federal
10census, and shall determine a numerical order for the 4
11subcircuits. That numerical order shall be the basis for the
12order in which resident judgeships are assigned to the
13subcircuits. Once a resident judgeship is assigned to a
14subcircuit, it shall continue to be assigned to that
15subcircuit for all purposes.
16    (a-5) In 2022 In 2021, the General Assembly shall redraw
17the boundaries of the subcircuits to reflect the results of
18the 2020 federal decennial census. The General Assembly shall
19redraw the subcircuit boundaries after every federal decennial
20census. The subcircuits shall be compact, contiguous, and
21substantially equal in population. In accordance with
22subsection (a), a resident judgeship assigned to a subcircuit
23shall continue to be assigned to that subcircuit. Any vacancy
24in a resident judgeship existing on or occurring after the
25effective date of a law redrawing the boundaries of the
26subcircuits shall be filled by a resident of the redrawn

 

 

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1subcircuit.
2    (b) (Blank).
3    (c) No resident judge of the 16th circuit serving on the
4effective date of this amendatory Act of the 93rd General
5Assembly shall be required to change his or her residency in
6order to continue serving in office or to seek retention in
7office as judgeships are allotted by the Supreme Court in
8accordance with this Section. No resident judge elected from a
9subcircuit serving on the effective date of this amendatory
10Act of the 97th General Assembly shall be required to change
11his or her residency in order to continue serving in or to seek
12retention in office until the 2012 general election, or until
13the conclusion of the existing term.
14    (d) A resident judge elected from a subcircuit shall
15continue to reside in that subcircuit as long as he or she
16holds that office. A resident judge elected from a subcircuit
17after January 1, 2008, must retain residency as a registered
18voter in the subcircuit to run for retention from the circuit
19at large thereafter. A resident judge elected from a
20subcircuit after January 1, 2011, must retain residency as a
21registered voter in the subcircuit to run for retention from
22the circuit at large thereafter.
23    (e) Vacancies in resident judgeships of the 16th circuit
24shall be filled in the manner provided in Article VI of the
25Illinois Constitution.
26(Source: P.A. 101-477, eff. 6-1-20.)
 

 

 

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1    Section 95. No acceleration or delay. Where this Act makes
2changes in a statute that is represented in this Act by text
3that is not yet or no longer in effect (for example, a Section
4represented by multiple versions), the use of that text does
5not accelerate or delay the taking effect of (i) the changes
6made by this Act or (ii) provisions derived from any other
7Public Act.
 
8    Section 97. Severability. The provisions of this Act are
9severable under Section 1.31 of the Statute on Statutes.
 
10    Section 99. Effective date. This Act takes effect upon
11becoming law.