Full Text of HB1122 95th General Assembly
HB1122 95TH GENERAL ASSEMBLY
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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 HB1122
Introduced , by Rep. Mike Boland SYNOPSIS AS INTRODUCED: |
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Amends the Election Code. Provides for the use of mail-in ballots for the
consolidated election held in 2009. Provides that
the election authority shall mail ballots to each registered voter not more
than 40
nor less than 5 days before the date of the election. Establishes procedures
for the return of the ballots. Provides for the delivery of ballots to the
judges of election. Provides for the casting of mail-in ballots. Provides
that
the State Board of Elections shall adopt rules and procedures for the
implementation of the use of mail-in ballots within 270 days after the
effective
date
of the bill. Requires the State Board to report to the General
Assembly on the problems and successes of conducting elections with mail-in
ballots. Contains other provisions.
Amends the State Mandates Act to require implementation without reimbursement.
Effective immediately.
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A BILL FOR
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HB1122 |
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LRB095 07977 JAM 28139 b |
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| AN ACT concerning elections.
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| Be it enacted by the People of the State of Illinois, | 3 |
| represented in the General Assembly:
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| Section 5. The Election Code is amended by changing | 5 |
| Sections 4-11, 11-7,
12-1, 12-4, 13-1, 13-2, 14-1, 14-3.1, | 6 |
| 16-5, 17-1, 24A-6, and 24B-6 and
adding the Article 19B heading | 7 |
| and Sections 19B-5, 19B-10, 19B-15, 19B-20, 19B-25, 19B-30, | 8 |
| 19B-35, 19B-40, 19B-45, 19B-50, 19B-55, and 19B-60 as
follows:
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| (10 ILCS 5/4-11) (from Ch. 46, par. 4-11)
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| Sec. 4-11. Subject to the provisions of Article 19B, at | 11 |
| least 2 weeks
prior to the general November election in
each | 12 |
| even numbered year and the consolidated election in
each | 13 |
| odd-numbered
year the county clerk shall cause a list to be | 14 |
| made for each precinct of
all names upon the registration | 15 |
| record cards not marked or erased, in
alphabetical
order, with | 16 |
| the address, provided, that such list may be arranged
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| geographically,
by street and number, in numerical order, with | 18 |
| respect to all precincts
in which all, or substantially all | 19 |
| residences of voters therein shall be
located upon and numbered | 20 |
| along streets, avenues, courts, or other highways
which are | 21 |
| either named or numbered, upon direction either of the county
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| board or of the circuit court. On the list, the county clerk | 23 |
| shall indicate,
by italics, asterisk, or other means, the names |
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| of all persons who have
registered since the last regularly | 2 |
| scheduled election in the consolidated
schedule of elections | 3 |
| established in Section 2A-1.1 of this Act. The county
clerk | 4 |
| shall cause such precinct lists to be printed
or typed in | 5 |
| sufficient numbers to meet all reasonable demands, and
upon | 6 |
| application a copy of the same shall be given to any person | 7 |
| applying
therefor. By such time, the county clerk shall give | 8 |
| the precinct lists
to the chairman of a county central | 9 |
| committee of an established political
party, as such party is | 10 |
| defined in Section 10-2 of this Act, or to the chairman's
duly | 11 |
| authorized representative. Within 30 days of the effective date | 12 |
| of
this Amendatory Act of 1983, the county clerk shall give the | 13 |
| precinct lists
compiled prior to the general November election | 14 |
| of 1982 to the chairman
of county central committee of an | 15 |
| established political party or to the
chairman's duly | 16 |
| authorized representative.
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| Prior to the opening of the polls for other elections, the | 18 |
| county clerk
shall transmit or deliver to the judges of | 19 |
| election of each polling place
a corrected list of registered | 20 |
| voters in the precinct, or the names of persons
added to and | 21 |
| erased or withdrawn from the list for such precinct. At other
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| times such list, currently corrected, shall be kept available | 23 |
| for public
inspection in the office of the county clerk.
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| Within 60 days after each general election the county
clerk | 25 |
| shall indicate by italics, asterisk, or other means, on the | 26 |
| list of
registered voters in each precinct, each registrant who |
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| voted at that general
election, and shall provide a copy of | 2 |
| such list to the chairman of the county
central committee of | 3 |
| each established political party or to the chairman's
duly | 4 |
| authorized representative.
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| Within 60 days after the effective date of this amendatory | 6 |
| Act of 1983, the
county clerk shall indicate by italics, | 7 |
| asterisk, or other means, on the
list of registered voters in | 8 |
| each precinct, each registrant who voted at
the general | 9 |
| election of 1982, and shall provide a copy of such coded list
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| to the chairman
of the county central committee of each | 11 |
| established political party or to
the chairman's duly | 12 |
| authorized representative.
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| The county clerk may charge a fee to reimburse the actual
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| cost of duplicating
each copy of a list provided under either | 15 |
| of the 2 preceding paragraphs.
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| (Source: P.A. 90-358, eff. 1-1-98.)
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| (10 ILCS 5/11-7) (from Ch. 46, par. 11-7)
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| Sec. 11-7. For the purpose of the conduct of any | 19 |
| consolidated election,
consolidated primary election, special
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| municipal primary election or emergency referendum, an | 21 |
| election
authority may cluster up to four contiguous precincts | 22 |
| as provided in
this Section, which shall constitute a clustered | 23 |
| voting zone. The
common polling place for the clustered voting | 24 |
| zone shall be located
within the territory comprising the | 25 |
| clustered precincts. Unless the election
authority specifies a |
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| larger number, only one election judge shall be appointed
for | 2 |
| each of the precincts in each clustered voting zone.
The use of
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| clustered voting zones in consolidated elections shall be | 4 |
| subject to the
provisions of Article 19B regarding mail-in | 5 |
| ballots.
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| The judges so appointed may not all be affiliated with the | 7 |
| same
political party.
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| The conduct of an election in a clustered voting zone shall | 9 |
| be under
the general supervision of all the judges of election | 10 |
| designated to
serve in the clustered voting zone. The | 11 |
| designated judges may perform
the duties of election judges for | 12 |
| the entire clustered voting zone.
However, the requirements of | 13 |
| Section 17-14 shall apply to voter
assistance, the requirements | 14 |
| of Section 24-10 shall apply to voter
instruction, the | 15 |
| requirement of Section 24A-10 shall apply to
examination of | 16 |
| absentee ballots, and any disputes as to entitlement to
vote, | 17 |
| challenges, counting of ballots or other matters pertaining
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| directly to voting shall be decided by those designated judges | 19 |
| appointed
for the precinct in which the affected voter resides | 20 |
| or the disputed
vote is to be counted.
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| This Section does not apply to any elections in | 22 |
| municipalities with more
than 1,000,000 inhabitants.
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| (Source: P.A. 90-358, eff. 1-1-98.)
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| (10 ILCS 5/12-1) (from Ch. 46, par. 12-1) | 25 |
| Sec. 12-1. At least 60 days prior to each general and |
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| consolidated election,
the election authority shall provide | 2 |
| public notice, calculated to reach
elderly and handicapped | 3 |
| voters, of the availability of registration and
voting aids | 4 |
| under the Federal Voting Accessibility for the Elderly and
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| Handicapped Act, of the availability of assistance in marking | 6 |
| the ballot,
the
procedures for using mail-in ballots in | 7 |
| elections subject to Article 19B, procedures for voting by | 8 |
| absentee ballot, and procedures for voting
early by personal | 9 |
| appearance.
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| At least 30 days before any general election, and at least | 11 |
| 20 days
before any special congressional election, the
county | 12 |
| clerk shall publish a notice of the election in 2 or more
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| newspapers published in the county, city, village,
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| incorporated town or town, as the case may be, or if there is | 15 |
| no such
newspaper, then in any 2 or more newspapers published | 16 |
| in the
county and having a general circulation throughout the | 17 |
| community. The
notice may be substantially as follows:
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| Notice is hereby given that on (give date), at (give the | 19 |
| place of
holding the election and the name of the precinct or | 20 |
| district) in the
county of (name county), an election will be | 21 |
| held for (give the title of
the several offices to be filled), | 22 |
| which election will be open at 6:00
a.m. and continued open | 23 |
| until 7:00 p.m. of that day.
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| Dated at .... on (insert date).
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| (Source: P.A. 94-645, eff. 8-22-05.)
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| (10 ILCS 5/12-4) (from Ch. 46, par. 12-4)
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| Sec. 12-4. Not more than 30 nor less than 10 days prior to | 3 |
| the date of
the consolidated election
and
nonpartisan | 4 |
| elections , each election authority
shall publish notice
of the | 5 |
| election of officers of each political subdivision to be | 6 |
| conducted
in his or its jurisdiction on such election date. The | 7 |
| notice of election
shall be published once in one or more | 8 |
| newspapers
published in each political subdivision, and if | 9 |
| there is no such newspaper,
then published once in a local, | 10 |
| community newspaper having
general circulation in the | 11 |
| subdivision, and also once in a newspaper published
in the | 12 |
| county wherein the political subdivisions or portions thereof, | 13 |
| having
such elections are situated.
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| The notice shall be substantially in the form prescribed in | 15 |
| Section
12-1, and may include notice of the location of the
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| precincts and polling places within or including part of the | 17 |
| political
subdivision in which the election is to be conducted , | 18 |
| and the procedures for
using mail-in ballots in consolidated | 19 |
| elections subject to Article 19B .
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| Not less than 10 days before each such election, the | 21 |
| election authority
shall publish notice of the precincts and | 22 |
| the location of the polling
places where the election will be | 23 |
| conducted for political subdivisions
wholly or partially | 24 |
| within its jurisdiction. The election authority
shall cause | 25 |
| publication in the manner heretofore prescribed for the notice | 26 |
| of
election.
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| (Source: P.A. 81-963.)
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| (10 ILCS 5/13-1) (from Ch. 46, par. 13-1)
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| Sec. 13-1. In counties not under township organization, the | 4 |
| county
board of commissioners shall at its meeting in July
in | 5 |
| each
even-numbered year appoint in each election precinct 5 | 6 |
| capable and
discreet persons meeting the qualifications of | 7 |
| Section 13-4 to
be judges of election. Where neither voting | 8 |
| machines nor electronic,
mechanical or electric voting systems | 9 |
| are used, the county board may,
for any precinct with respect | 10 |
| to which the board considers such action
necessary or desirable | 11 |
| in view of the number of voters, and shall for
general | 12 |
| elections for any precinct containing more than 600 registered
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| voters, appoint in addition to the 5 judges of election a team | 14 |
| of 5
tally judges. In such precincts the judges of election | 15 |
| shall preside
over the election during the hours the polls are | 16 |
| open, and the tally
judges, with the assistance of the holdover | 17 |
| judges designated pursuant
to Section 13-6.2, shall count the | 18 |
| vote after the closing of the polls.
However, the County Board | 19 |
| of Commissioners may appoint 3 judges of election
to serve in | 20 |
| lieu of the 5 judges of election otherwise required by this
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| Section to serve in any emergency referendum, or in any | 22 |
| odd-year regular
election or in any special primary or special | 23 |
| election called
for the purpose of filling a vacancy in the | 24 |
| office of representative in
the United States Congress or to | 25 |
| nominate candidates for such purpose.
If a consolidated |
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| election is conducted under Article 19B, the County Board
of | 2 |
| Commissioners shall appoint a team of 5 tally judges to serve | 3 |
| in lieu of the
5 judges of election otherwise required by this | 4 |
| Section. The tally judges shall possess the same qualifications | 5 |
| and shall be
appointed in the same manner and with the same | 6 |
| division between
political parties as is provided for judges of | 7 |
| election.
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| In addition to such precinct judges, the county board of
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| commissioners shall appoint special panels of 3 judges each, | 10 |
| who shall
possess the same qualifications and shall be | 11 |
| appointed in the same
manner and with the same division between | 12 |
| political parties as is
provided for other judges of election. | 13 |
| The number of such panels of
judges required shall be | 14 |
| determined by regulations of the State Board of
Elections which | 15 |
| shall base the required numbers of special panels on the
number | 16 |
| of registered voters in the jurisdiction or the number of
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| absentee ballots voted at recent elections, or any combination | 18 |
| of such factors.
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| Such appointment shall be confirmed by the court as | 20 |
| provided in
Section 13-3 of this Article. No more than 3 | 21 |
| persons of the same
political party shall be appointed judges | 22 |
| of the same election precinct
or election judge panel. The | 23 |
| appointment shall be made in the following
manner: The county | 24 |
| board of commissioners shall select and approve 3
persons as | 25 |
| judges of election in each election precinct from a certified
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| list, furnished by the chairman of the County Central Committee |
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| of the
first leading political party in such precinct; and the | 2 |
| county board of
commissioners shall also select and approve 2 | 3 |
| persons as judges of
election in each election precinct from a | 4 |
| certified list, furnished by
the chairman of the County Central | 5 |
| Committee of the second leading
political party. However, if | 6 |
| only 3 judges of election serve in each
election precinct, no | 7 |
| more than 2 persons of the same political party shall
be judges | 8 |
| of election in the same election precinct; and which political
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| party is entitled to 2 judges of election and which political | 10 |
| party is
entitled to one judge of election shall be determined | 11 |
| in the same manner as
set forth in the next two preceding | 12 |
| sentences with regard to 5 election
judges in each precinct. | 13 |
| Such certified list shall be filed with the county
clerk not | 14 |
| less than 10 days before the annual meeting of the county
board | 15 |
| of commissioners. Such list shall be arranged according to
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| precincts. The chairman of each county central committee shall, | 17 |
| insofar
as possible, list persons who reside within the | 18 |
| precinct in which they
are to serve as judges. However, he may, | 19 |
| in his sole discretion, submit
the names of persons who reside | 20 |
| outside the precinct but within the
county embracing the | 21 |
| precinct in which they are to serve. He must,
however, submit | 22 |
| the names of at least 2 residents of the precinct for
each | 23 |
| precinct in which his party is to have 3 judges and must submit | 24 |
| the
name of at least one resident of the precinct for each | 25 |
| precinct in which
his party is to have 2 judges. The county | 26 |
| board of commissioners shall
acknowledge in writing to each |
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| county chairman the names of all persons
submitted on such | 2 |
| certified list and the total number of persons listed
thereon. | 3 |
| If no such list is filed or such list is incomplete (that is,
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| no names or an insufficient number of names are furnished for | 5 |
| certain
election precincts), the county board of commissioners | 6 |
| shall make or
complete such list from the names contained in | 7 |
| the supplemental list
provided for in Section 13-1.1. The | 8 |
| election judges shall hold their
office for 2 years from their | 9 |
| appointment, and until their successors
are duly appointed in | 10 |
| the manner provided in this Act. The county board
of | 11 |
| commissioners shall fill all vacancies in the office of judge | 12 |
| of
election at any time in the manner provided in this Act.
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| (Source: P.A. 94-1000, eff. 7-3-06.)
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| (10 ILCS 5/13-2) (from Ch. 46, par. 13-2)
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| Sec. 13-2. In counties under the township organization the | 16 |
| county
board shall at its meeting in July in each even-numbered | 17 |
| year
except in counties containing a population of 3,000,000 | 18 |
| inhabitants or
over and except when such judges are appointed | 19 |
| by election
commissioners, select in each election precinct in | 20 |
| the county, 5 capable
and discreet persons to be judges of | 21 |
| election who shall
possess the
qualifications required by this | 22 |
| Act for such judges. Where neither
voting machines nor | 23 |
| electronic, mechanical or electric voting systems
are used, the | 24 |
| county board may, for any precinct with respect to which
the | 25 |
| board considers such action necessary or desirable in view of |
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| the
number of voters, and shall for general elections for any | 2 |
| precinct
containing more than 600 registered voters, appoint in | 3 |
| addition to the 5
judges of election a team of 5 tally judges. | 4 |
| In such precincts the
judges of election shall preside over the | 5 |
| election during the hours the
polls are open, and the tally | 6 |
| judges, with the assistance of the
holdover judges designated | 7 |
| pursuant to Section 13-6.2, shall count the
vote after the | 8 |
| closing of the polls. The tally judges shall possess the
same | 9 |
| qualifications and shall be appointed in the same manner and | 10 |
| with
the same division between political parties as is provided | 11 |
| for judges of
election.
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| However, the county board may appoint 3 judges of election | 13 |
| to serve in
lieu of the 5 judges of election otherwise required | 14 |
| by this Section to serve
in any emergency referendum, or in any | 15 |
| odd-year regular election
or in any special primary or special | 16 |
| election called for the purpose of
filling a vacancy in the | 17 |
| office of representative in the United States Congress
or to | 18 |
| nominate candidates for such purpose.
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| If a consolidated election is conducted under Article 19B, | 20 |
| the county board
shall appoint a team of 5 tally judges to | 21 |
| serve in lieu of the 5 judges of
election otherwise required by | 22 |
| this Section.
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| In addition to such precinct judges, the county board shall | 24 |
| appoint
special panels of 3 judges each, who shall possess the | 25 |
| same
qualifications and shall be appointed in the same manner | 26 |
| and with the
same division between political parties as is |
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| provided for other judges
of election. The number of such | 2 |
| panels of judges required shall be
determined by regulations of | 3 |
| the State Board of Elections, which shall
base the required | 4 |
| number of special panels on the number of registered
voters in | 5 |
| the jurisdiction or the number of absentee ballots voted at
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| recent elections or any combination of such factors.
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| No more than 3 persons of the same political party shall be | 8 |
| appointed
judges in the same election district or undivided | 9 |
| precinct. The election
of the judges of election in the various | 10 |
| election precincts shall be
made in the following manner: The | 11 |
| county board shall
select and approve 3 of the election judges | 12 |
| in each precinct from a
certified list furnished by the | 13 |
| chairman of the County Central Committee
of the first leading | 14 |
| political party in such election precinct and shall also
select | 15 |
| and approve 2 judges of election in each election precinct from | 16 |
| a
certified list furnished by the chairman of the County | 17 |
| Central Committee
of the second leading political party in such | 18 |
| election precinct. However,
if only 3 judges of election serve | 19 |
| in each election precinct, no more than 2
persons of the same | 20 |
| political party shall be judges of election in the same
| 21 |
| election precinct; and which political party is entitled to 2 | 22 |
| judges of
election and which political party is entitled to one | 23 |
| judge of election shall
be determined in the same manner as set | 24 |
| forth in the next two preceding
sentences with regard to 5 | 25 |
| election judges in each precinct. The respective
County Central | 26 |
| Committee chairman shall notify the county board by June 1 of
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| each odd-numbered year immediately preceding the annual | 2 |
| meeting of the county
board whether or not such certified list | 3 |
| will be filed by such chairman. Such
list shall be arranged | 4 |
| according to precincts. The chairman of each county
central | 5 |
| committee shall, insofar as possible, list persons who reside | 6 |
| within
the precinct in which they are to serve as judges. | 7 |
| However, he may, in his sole
discretion, submit the names of | 8 |
| persons who reside outside the precinct but
within the county | 9 |
| embracing the precinct in which they are to serve. He must,
| 10 |
| however, submit the names of at least 2 residents of the | 11 |
| precinct for each
precinct in which his party is to have 3 | 12 |
| judges and must submit the name of at
least one resident of the | 13 |
| precinct for each precinct in which his party is to
have 2 | 14 |
| judges. Such certified list, if filed, shall be filed with the | 15 |
| county
clerk not less than 20 days before the annual meeting of | 16 |
| the county board. The
county board shall acknowledge in writing | 17 |
| to each county chairman the names of
all persons submitted on | 18 |
| such certified list and the total number of persons
listed | 19 |
| thereon. If no such list is filed or the list is incomplete | 20 |
| (that is, no
names or an insufficient number of names are | 21 |
| furnished for certain election
precincts), the county board | 22 |
| shall make or complete such list from the names
contained in | 23 |
| the supplemental list provided for in Section 13-1.1. Provided,
| 24 |
| further, that in any case where a township has been or shall be | 25 |
| redistricted,
in whole or in part, subsequent to one general | 26 |
| election for Governor, and prior
to the next, the judges of |
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| election to be selected for all new or altered
precincts shall | 2 |
| be selected in that one of the methods above detailed, which
| 3 |
| shall be applicable according to the facts and circumstances of | 4 |
| the particular
case, but the majority of such judges for each | 5 |
| such precinct shall be selected
from the first leading | 6 |
| political party, and the minority judges from the second
| 7 |
| leading political party. Provided, further, that in counties | 8 |
| having a
population of 1,000,000 inhabitants or over the | 9 |
| selection of judges of election
shall be made in the same | 10 |
| manner in all respects as in other counties, except
that the | 11 |
| provisions relating to tally judges are inapplicable to such | 12 |
| counties
and except that the county board shall meet during the | 13 |
| month of January for the
purpose of making such selection and | 14 |
| the chairman of each county central
committee shall notify the | 15 |
| county board by the preceding October 1 whether or
not the | 16 |
| certified list will be filed. Such judges of election shall | 17 |
| hold their
office for 2 years from their appointment and until | 18 |
| their successors are duly
appointed in the manner provided in | 19 |
| this Act. The county board shall fill all
vacancies in the | 20 |
| office of judges of elections at any time in the manner herein
| 21 |
| provided.
| 22 |
| Such selections under this Section shall be confirmed by | 23 |
| the circuit
court as provided in Section 13-3 of this Article.
| 24 |
| (Source: P.A. 94-1000, eff. 7-3-06.)
| 25 |
| (10 ILCS 5/14-1) (from Ch. 46, par. 14-1)
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| Sec. 14-1. (a) The board of election commissioners | 2 |
| established
or existing under Article 6 shall, at the time and | 3 |
| in the
manner provided in Section 14-3.1, select and choose 5 | 4 |
| persons,
men or women, as judges of election for each precinct | 5 |
| in such
city, village or incorporated town.
| 6 |
| Where neither voting machines nor electronic, mechanical | 7 |
| or
electric voting systems are used, the board of election
| 8 |
| commissioners may, for any precinct with respect to which the
| 9 |
| board considers such action necessary or desirable in view of
| 10 |
| the number of voters, and shall for general elections for any
| 11 |
| precinct containing more than 600 registered voters, appoint
in | 12 |
| addition to the 5 judges of election a team of 5 tally judges.
| 13 |
| In such precincts the judges of election shall preside over the
| 14 |
| election during the hours the polls are open, and the tally
| 15 |
| judges, with the assistance of the holdover judges designated
| 16 |
| pursuant to Section
14-5.2, shall count the vote after the | 17 |
| closing of the polls.
The tally judges shall possess the same | 18 |
| qualifications and
shall be appointed in the same manner and | 19 |
| with the same division
between political parties as is provided | 20 |
| for judges of election.
The foregoing provisions relating to | 21 |
| the appointment of tally
judges are inapplicable in counties | 22 |
| with a population of
1,000,000 or more.
| 23 |
| If a consolidated election is conducted under Article 19B, | 24 |
| the board of
election commissioners shall appoint a team of 5 | 25 |
| tally judges to serve in lieu
of the 5 judges of election | 26 |
| otherwise required by this Section.
|
|
|
|
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|
| 1 |
| (b) To qualify as judges the persons must:
| 2 |
| (1) be citizens of the United States;
| 3 |
| (2) be of good repute and character;
| 4 |
| (3) be able to speak, read and write the English | 5 |
| language;
| 6 |
| (4) be skilled in the 4 fundamental rules of | 7 |
| arithmetic;
| 8 |
| (5) be of good understanding and capable;
| 9 |
| (6) not be candidates for any office at the election | 10 |
| and not
be elected committeemen;
| 11 |
| (7) reside and be entitled to vote in the precinct in | 12 |
| which
they are selected to serve, except that in each | 13 |
| precinct not
more than one judge of each party may be | 14 |
| appointed from outside
such precinct. Any judge so | 15 |
| appointed to serve in any precinct
in which he is not | 16 |
| entitled to vote must be entitled to vote
elsewhere within | 17 |
| the county which encompasses the precinct in
which such | 18 |
| judge is appointed and such judge must otherwise
meet the | 19 |
| qualifications of this Section.
| 20 |
| (c) An election authority may establish a program to permit | 21 |
| a person who
is not entitled to vote
to be appointed as an | 22 |
| election judge if, as of the date of the election at
which the | 23 |
| person serves as a judge, he or she:
| 24 |
| (1) is a U.S. citizen;
| 25 |
| (2) is a senior in good standing enrolled in a public | 26 |
| or private secondary
school;
|
|
|
|
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|
| 1 |
| (3) has a cumulative grade point average equivalent to | 2 |
| at least 3.0 on a
4.0 scale;
| 3 |
| (4) has the written approval of the principal of the | 4 |
| secondary school he
or she attends at the time of | 5 |
| appointment;
| 6 |
| (5) has the written approval of his or her parent or | 7 |
| legal guardian;
| 8 |
| (6) has satisfactorily completed the training course | 9 |
| for judges of
election
described in Sections 13-2.1, | 10 |
| 13-2.2, and 14-4.1; and
| 11 |
| (7) meets all other qualifications for appointment and | 12 |
| service as an
election judge.
| 13 |
| No more than one election judge qualifying under this | 14 |
| subsection may serve
per political party per precinct.
Prior to | 15 |
| appointment, a judge qualifying under this subsection must | 16 |
| certify
in writing to the election authority the political | 17 |
| party the judge chooses to
affiliate with.
| 18 |
| Students appointed as election judges under this | 19 |
| subsection
shall not be counted as absent from school on the | 20 |
| day they serve as judges.
| 21 |
| (d) The board of election commissioners may select 2 | 22 |
| additional
judges of election, one from each of the major | 23 |
| political parties,
for each 200 voters in excess of 600 in any | 24 |
| precinct having more
than 600 voters as authorized
by Section | 25 |
| 11--3. These additional judges must meet the
qualifications | 26 |
| prescribed in this Section.
|
|
|
|
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|
| 1 |
| (Source: P.A. 91-352, eff. 1-1-00.)
| 2 |
| (10 ILCS 5/14-3.1) (from Ch. 46, par. 14-3.1)
| 3 |
| Sec. 14-3.1. The board of election commissioners shall, | 4 |
| during the
month of July of each even-numbered year,
select
for | 5 |
| each election precinct within the jurisdiction of the board 5
| 6 |
| persons to be judges of election who shall possess the | 7 |
| qualifications
required by this Act for such judges. The | 8 |
| selection shall be made by a
county board of election | 9 |
| commissioners in the following manner: the county
board of | 10 |
| election commissioners shall select and approve 3 persons as | 11 |
| judges of
election in each election precinct from a certified | 12 |
| list
furnished by the chairman of the county central committee | 13 |
| of the first leading
political party in that precinct; the | 14 |
| county board of election commissioners
also shall select and | 15 |
| approve 2 persons as judges of election in each election
| 16 |
| precinct from a certified list furnished by the chairman of the | 17 |
| county central
committee of the second leading political party | 18 |
| in that precinct. The
selection by a municipal board of | 19 |
| election commissioners shall be made in the
following manner: | 20 |
| for each precinct, 3 judges shall be selected from one of
the 2 | 21 |
| leading political parties and the other 2 judges shall be | 22 |
| selected from
the other leading political party; the parties | 23 |
| entitled to 3 and 2
judges, respectively, in the several | 24 |
| precincts shall be determined as provided
in Section 14-4. | 25 |
| However, a Board of Election Commissioners may
appoint
three |
|
|
|
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|
| 1 |
| judges of election to serve in lieu of the 5 judges of election | 2 |
| otherwise
required by this Section to serve in any emergency | 3 |
| referendum, or in any
odd-year regular election or in any | 4 |
| special primary or special election called
for the purpose of | 5 |
| filling a vacancy in the office of representative in the
United | 6 |
| States Congress or to nominate candidates for such purpose.
| 7 |
| If a consolidated election is conducted under Article 19B, | 8 |
| a Board of
Election Commissioners shall appoint a team of 5 | 9 |
| tally judges to serve in lieu
of
the 5 judges of election | 10 |
| otherwise required by this Section.
| 11 |
| If only 3 judges of election serve in each election | 12 |
| precinct, no more than
2 persons of the same political party | 13 |
| shall be judges of election in the
same election precinct, and | 14 |
| which political party is entitled to 2 judges
of election and | 15 |
| which political party is entitled to one judge of election
| 16 |
| shall be determined as set forth in this Section for a county | 17 |
| board of
election commissioners' selection of 5 election judges | 18 |
| in each precinct or in
Section 14-4 for a municipal board of | 19 |
| election commissioners' selection of
election judges in each | 20 |
| precinct, whichever is appropriate. In addition to
such | 21 |
| precinct judges, the board of election commissioners shall | 22 |
| appoint special
panels of 3 judges each, who shall possess the | 23 |
| same qualifications and shall be
appointed in the same manner | 24 |
| and with the
same division between political parties as is | 25 |
| provided for other judges of
election. The number of such | 26 |
| panels of judges required shall be determined by
regulation of |
|
|
|
HB1122 |
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|
| 1 |
| the State Board of Elections, which shall base the required
| 2 |
| number of special panels on the number of registered voters in | 3 |
| the jurisdiction
or the number of absentee ballots voted at | 4 |
| recent elections or any combination
of such factors. A | 5 |
| municipal board of election
commissioners shall make the
| 6 |
| selections of persons qualified under Section 14-1 from | 7 |
| certified lists
furnished by the chairman of the respective | 8 |
| county central committees of the 2
leading political parties. | 9 |
| Lists furnished by chairmen of county central
committees under | 10 |
| this Section shall be arranged
according to precincts. The | 11 |
| chairman of each county central committee shall,
insofar as | 12 |
| possible, list persons who reside within the precinct in which | 13 |
| they
are to serve as judges.
However, he may, in his sole | 14 |
| discretion, submit the names of persons who
reside outside the | 15 |
| precinct but within the county embracing the precinct
in which | 16 |
| they are to serve. He must, however, submit the names of at
| 17 |
| least 2 residents of the precinct for each precinct in which | 18 |
| his party
is to have 3 judges and must submit the name of at | 19 |
| least one resident of
the precinct for each precinct in which | 20 |
| his party is to have 2 judges.
The board of election | 21 |
| commissioners shall no later than March 1 of each
even-numbered | 22 |
| year notify the chairmen
of the respective county central | 23 |
| committees of their responsibility to
furnish such lists, and | 24 |
| each such chairman shall furnish the board of
election | 25 |
| commissioners with the list for his party on or before May 1 of | 26 |
| each
even-numbered year. The
board of election commissioners |
|
|
|
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|
| 1 |
| shall acknowledge in writing to each
county chairman the names | 2 |
| of all persons submitted on such certified
list and the total | 3 |
| number of persons listed thereon. If no such list is
furnished | 4 |
| or if no names or an insufficient number of names are
furnished | 5 |
| for certain precincts, the board of election commissioners
| 6 |
| shall make or complete such list from the names contained in | 7 |
| the
supplemental list provided for in Section 14-3.2. Judges of | 8 |
| election
shall hold their office for 2 years from their | 9 |
| appointment and until
their successors are duly appointed in | 10 |
| the manner herein provided. The
board of election commissioners | 11 |
| shall, subject to the provisions of
Section 14-3.2, fill all | 12 |
| vacancies in the office of judges of election
at any time in | 13 |
| the manner herein provided.
| 14 |
| Such selections under this Section shall be confirmed by | 15 |
| the court as
provided in Section 14-5.
| 16 |
| (Source: P.A. 94-1000, eff. 7-3-06.)
| 17 |
| (10 ILCS 5/16-5) (from Ch. 46, par. 16-5)
| 18 |
| Sec. 16-5. For all elections to which this Article applies, | 19 |
| the
county clerks, in their respective counties, shall have | 20 |
| charge of the
printing of the ballots for all elections, | 21 |
| including referenda,
and shall furnish
them to the judges of | 22 |
| election.
In municipalities and counties having a board of | 23 |
| election commissioners, such
board
shall have charge
of the | 24 |
| printing of the ballots and furnish them to the judges of
| 25 |
| election within the territory under their jurisdiction. |
|
|
|
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|
| 1 |
| Ballots shall be
printed and in possession of the respective | 2 |
| election authorities
at least two days before each election and | 3 |
| subject to the inspection of
candidates and their agents; if | 4 |
| any mistakes be discovered they shall be
corrected without | 5 |
| delay. If a consolidated election is subject to the
provisions | 6 |
| of Article 19B, however, the ballots shall be furnished to the
| 7 |
| election authority prior to the time the ballots are to be | 8 |
| mailed to the
voters. The election authority shall cause to be
| 9 |
| delivered
to the judges of election at the
polling place of | 10 |
| each precinct or district, not less than twelve hours
before | 11 |
| the time fixed by law for the opening of the polls therein, at
| 12 |
| least 10% more ballots of the kind to be voted in such precinct | 13 |
| or
district than the number of voters registered therein for | 14 |
| the purposes
of such election, such ballots shall be put up in | 15 |
| separate sealed
packages, with marks on the outside clearly | 16 |
| designating the polling
place for which they are intended and | 17 |
| the number of ballots enclosed,
and receipt therefor shall be | 18 |
| given by the judges of election to whom
they are delivered, | 19 |
| which receipt shall be preserved by the election authority.
The | 20 |
| election authority shall provide
and retain at its office an | 21 |
| ample supply of ballots, in
addition to those distributed to | 22 |
| the several voting precincts or
districts, and if at any time | 23 |
| on or before the day of election the
ballots furnished to any | 24 |
| precinct shall be lost, destroyed or exhausted
before the polls | 25 |
| are closed, on written application signed by a majority
of the | 26 |
| judges he or they shall immediately cause to be delivered to |
|
|
|
HB1122 |
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LRB095 07977 JAM 28139 b |
|
| 1 |
| such
judges at the polling place, such additional supply of | 2 |
| ballots as may be
required and sufficient to comply with the | 3 |
| provisions of this Act.
| 4 |
| If a consolidated election is subject to the provisions of | 5 |
| Article 19B, the
election authority shall, not more than 40 nor | 6 |
| less than 5 days before the date
of the election, mail a ballot | 7 |
| to each registered voter.
| 8 |
| (Source: P.A. 80-1469.)
| 9 |
| (10 ILCS 5/17-1) (from Ch. 46, par. 17-1)
| 10 |
| Sec. 17-1. Except for the consolidated elections conducted | 11 |
| under Article
19B, the polls shall be opened at the hour of | 12 |
| 6:00 a.m. and continued
open until 7:00 p.m. of the same day, | 13 |
| at which time the polls shall be closed;
but if the judges | 14 |
| shall not attend at the hour of six o'clock in the morning,
or | 15 |
| if it shall be necessary for the electors present to appoint | 16 |
| judges to
conduct the election, as herein prescribed, the polls | 17 |
| may, in that case,
be opened at any hour before the time for | 18 |
| closing the same shall arrive,
as the case may require.
The | 19 |
| State Board of Elections shall adopt rules for the conduct of | 20 |
| elections
under Article 19B.
| 21 |
| (Source: P.A. 81-850; 81-1149.)
| 22 |
| (10 ILCS 5/Art. 19B heading new)
| 23 |
| Article 19B. MAIL-IN BALLOTS FOR CONSOLIDATED ELECTIONS
|
|
|
|
HB1122 |
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LRB095 07977 JAM 28139 b |
|
| 1 |
| (10 ILCS 5/19B-5 new)
| 2 |
| Sec. 19B-5. Voting in consolidated elections. In the year | 3 |
| 2009,
any qualified elector of the State of Illinois having | 4 |
| duly registered where
registration is required may vote at the | 5 |
| consolidated election for the
offices listed in subsection (c) | 6 |
| of Section 2A-1.2 through ballots mailed to
the voter and | 7 |
| returned to the proper election authority by mail.
| 8 |
| Each election authority shall compile and keep current a | 9 |
| list of voters who
are eligible to vote under this Article. The | 10 |
| list shall include the last
mailing address of each voter.
| 11 |
| (10 ILCS 5/19B-10 new)
| 12 |
| Sec. 19B-10. Time for mailing ballots. Each
election | 13 |
| authority, not more than 40 nor less than 5 days before the
| 14 |
| consolidated election held in April of 2009, shall mail,
| 15 |
| postage
prepaid, an official ballot, or ballots if more than | 16 |
| one are to be voted at the
election, to each registered voter | 17 |
| eligible to vote under this Article. The
ballot or ballots | 18 |
| shall be mailed to each voter's last mailing address and
shall | 19 |
| be marked "DO NOT FORWARD - ADDRESS CORRECTION REQUESTED" or | 20 |
| any other
similar statement that is in accordance with United | 21 |
| States postal service
regulations.
| 22 |
| The election authority shall maintain a list for each | 23 |
| election of the voters
to whom ballots have been issued. The | 24 |
| list shall be maintained for each
precinct
within the | 25 |
| jurisdiction of the election authority.
|
|
|
|
HB1122 |
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LRB095 07977 JAM 28139 b |
|
| 1 |
| (10 ILCS 5/19B-15 new)
| 2 |
| Sec. 19B-15. Enclosure of ballots in unsealed envelope; | 3 |
| certification;
instructions for marking and returning ballots. | 4 |
| The
election authority shall fold the ballot or ballots in the | 5 |
| manner specified by
the
statute for folding ballots prior to | 6 |
| their deposit in the ballot box, and shall
enclose the ballot | 7 |
| or ballots in an unsealed envelope to be furnished by the
| 8 |
| election authority. The envelope shall bear on its face the | 9 |
| name,
official title, and post office address of the election | 10 |
| authority.
| 11 |
| The printed certificate on the envelope shall be in | 12 |
| substantially the
following form:
| 13 |
| "I state that I am a resident of the .......... precinct of | 14 |
| the (1)* township
of .......... (2)* city of .......... (3)* | 15 |
| .......... ward in the city of
.......... residing at | 16 |
| .......... in the city or town in the county of
.......... and | 17 |
| State of Illinois, that I have lived at the address for ...
| 18 |
| months last past; and that I am lawfully entitled to vote in | 19 |
| the precinct at
the election
to be held on .......
| 20 |
| * fill in either (1), (2), or (3).
| 21 |
| I further state that I personally marked the enclosed | 22 |
| ballot in secret. If
I received assistance in casting my | 23 |
| ballot, I further attest that, due to
physical incapacity, I | 24 |
| marked the enclosed ballot in secret with the assistance
of
| 25 |
|
|
|
|
|
HB1122 |
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LRB095 07977 JAM 28139 b |
|
| 1 |
| .................................
| 2 |
| (Individual rendering assistance)
| 3 |
|
| 4 |
| .................................
| 5 |
| (Residence address)
| 6 |
| Under penalties of perjury provided by law under Section | 7 |
| 29-10 of the
Election Code, the undersigned certifies that the | 8 |
| statements set forth in this
certification are true and | 9 |
| correct.
| 10 |
|
| 11 |
| ........................."
| 12 |
| In addition, the election authority shall provide printed
| 13 |
| slips
giving full instructions regarding the manner of marking | 14 |
| and returning the
ballot in order that the same may be counted, | 15 |
| and shall furnish one of the
printed slips to each voter at the | 16 |
| same time the ballot is mailed to the voter.
The instructions | 17 |
| shall include the following statement: "In signing the
| 18 |
| certification on the ballot envelope, you are attesting that | 19 |
| you personally
marked this ballot in secret. If you are | 20 |
| physically unable to mark the ballot,
a friend or relative may | 21 |
| assist you after completing the enclosed affidavit.
Federal and | 22 |
| State laws prohibit your employer, your employer's agent, or an
| 23 |
| officer or agent of your union from assisting physically | 24 |
| disabled voters."
| 25 |
| In addition, if a ballot to be provided to a voter under | 26 |
| this
Section contains a public question described in subsection |
|
|
|
HB1122 |
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LRB095 07977 JAM 28139 b |
|
| 1 |
| (b) of Section 28-6
and the territory concerning the question | 2 |
| to be submitted is not described on
the ballot due to that | 3 |
| space limitations of the ballot, the election authority
shall | 4 |
| provide a printed copy of the notice of the public question, | 5 |
| which shall
included a description of the territory in the | 6 |
| manner required by Section 16-7.
The notice shall be furnished | 7 |
| to the voter at the time the ballot is mailed to
the voter.
| 8 |
| (10 ILCS 5/19B-20 new)
| 9 |
| Sec. 19B-20. Certification of voters; return of ballots. | 10 |
| The voter shall
make
and subscribe to the certification | 11 |
| provided for on the return envelope for the
ballot, and the | 12 |
| ballot or ballots shall be folded by the voter in the manner
| 13 |
| required to be folded before depositing the ballot in the | 14 |
| ballot box, and shall
be
deposited in the envelope and the | 15 |
| envelope securely sealed.
The voter shall then endorse his or | 16 |
| her certificate
on the back of the envelope, and the envelope | 17 |
| shall be mailed by the voter,
postage prepaid, to the election | 18 |
| authority issuing the ballot, or if more
convenient, it may be | 19 |
| delivered in person, by either the voter or by a spouse,
| 20 |
| parent, child, brother, or sister of the voter, or by a company | 21 |
| licensed by the
Illinois Commerce Commission under the Illinois | 22 |
| Commercial Transportation Law
that is engaged in the business | 23 |
| of making deliveries. If a voter gives his or
her ballot and | 24 |
| ballot envelope to a spouse, parent, child, brother, or sister
| 25 |
| of the voter, or to a company that is engaged in the business |
|
|
|
HB1122 |
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LRB095 07977 JAM 28139 b |
|
| 1 |
| of making
deliveries for delivery to the election authority, | 2 |
| the voter shall give an
authorization form to the person making | 3 |
| the delivery.
The person making the delivery shall present the | 4 |
| authorization to the election
authority. The authorization | 5 |
| shall be in substantially the following form:
| 6 |
| "I .............. (voter) authorize ...................... | 7 |
| to take my
ballot
to the office of the election authority.
| 8 |
| ........................ ...........................
| 9 |
| Date Signature of voter
| 10 |
| ........................ ...........................
| 11 |
| Town Address
| 12 |
| ........................ ...........................
| 13 |
| Date Signature of authorized
| 14 |
| Individual
| 15 |
| ........................ ...........................
| 16 |
| Town Relationship (if any)" | 17 |
| (10 ILCS 5/19B-25 new)
| 18 |
| Sec. 19B-25. Receipt of ballots. Upon receipt of the | 19 |
| voter's ballot, the
election authority shall enclose the | 20 |
| unopened ballot in a large or carrier
envelope that shall be | 21 |
| securely sealed and endorsed with the name and official
title | 22 |
| of the officer and the words, "This
envelope contains a ballot | 23 |
| and must be opened on election day", together with
the number | 24 |
| and description of the precinct in which the ballot is to be | 25 |
| voted,
and the officer shall safely keep the envelope in his or |
|
|
|
HB1122 |
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LRB095 07977 JAM 28139 b |
|
| 1 |
| her office until
counted as provided in Section 19B-30.
| 2 |
| (10 ILCS 5/19B-30 new)
| 3 |
| Sec. 19B-30. Counting of ballots. The ballots received by | 4 |
| the election
authority before 7:00
p.m. of the day of the | 5 |
| consolidated election shall be counted at the office
of the | 6 |
| election authority by the tally judges, appointed under this | 7 |
| Code for
that purpose. The counting shall commence no later | 8 |
| than 8:00 p.m.
The counting shall continue until all ballots | 9 |
| received have been counted.
| 10 |
| The procedures set forth in Section 19B-35 of this Act and | 11 |
| Articles 17 and 18
of this Code shall apply to all ballots | 12 |
| counted under this provision,
including comparing the | 13 |
| signature on the ballot envelope with the signature of
the | 14 |
| voter on the permanent voter registration record card taken | 15 |
| from the master
file; except the votes shall be recorded | 16 |
| without regard to precinct
designation, except for precinct | 17 |
| offices.
| 18 |
| (10 ILCS 5/19B-35 new)
| 19 |
| Sec. 19B-35. Casting ballots; comparison of signatures; | 20 |
| rejection of
ballots. | 21 |
| The tally judges shall cast the voter's
ballots separately, and | 22 |
| as each ballot is taken shall open the outer or carrier
| 23 |
| envelope, announce the voter's name, and compare the signature | 24 |
| on the permanent
voter registration record card taken from the |
|
|
|
HB1122 |
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LRB095 07977 JAM 28139 b |
|
| 1 |
| master file with the signature
upon the certification on the | 2 |
| ballot envelope. In case the judges find the
certification | 3 |
| properly executed, that the signatures correspond, and that the
| 4 |
| applicant is a duly qualified elector, they shall open the
| 5 |
| envelope containing the ballot in such a manner as not to | 6 |
| deface or destroy the
certification, or mark or tear the | 7 |
| ballots therein contained without unfolding
or permitting the | 8 |
| ballot to be unfolded or examined, and having endorsed the
| 9 |
| ballot in like manner as other ballots are required to be | 10 |
| endorsed, shall
deposit the same in the proper ballot box or | 11 |
| boxes and enter the voter's name
in the poll book the same as | 12 |
| if the voter had been present and voted in person.
The judges | 13 |
| shall place the ballot certification envelopes in a separate
| 14 |
| envelope as per the direction of the election authority. The | 15 |
| envelope
containing the ballot certification envelopes shall | 16 |
| be retained by the election
authority and preserved in like | 17 |
| manner as the official poll record.
| 18 |
| In case the signatures do not correspond, or that the voter | 19 |
| is not a duly
qualified elector, or that the ballot envelope is | 20 |
| open or has been opened and
resealed, without opening the | 21 |
| envelope the judge of election shall mark across
the face | 22 |
| thereof, "Rejected", giving the reason therefor.
| 23 |
| In case the ballot envelope contains more than one ballot | 24 |
| of any kind, the
ballots shall not be counted, but shall be | 25 |
| marked "Rejected", giving the
reason therefor.
| 26 |
| The voter's envelope, and the voter's envelope with its |
|
|
|
HB1122 |
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LRB095 07977 JAM 28139 b |
|
| 1 |
| contents unopened
when
the vote is rejected, shall be retained | 2 |
| and preserved in the manner now
provided
for the retention and | 3 |
| preservation of official ballots rejected at the
election.
| 4 |
| (10 ILCS 5/19B-40 new)
| 5 |
| Sec. 19B-40. Pollwatchers. On election day, pollwatchers | 6 |
| shall be
permitted to be present during the casting of the mail | 7 |
| ballots, and the vote of
any voter may be challenged for cause | 8 |
| the same as if he or she were present and
voted in person, and | 9 |
| the tally judges or a majority of them shall have
power and | 10 |
| authority to hear and determine the legality of the ballot; | 11 |
| provided,
however, that if a challenge to any voter's right to | 12 |
| vote is sustained, notice
of
the same must be given by the | 13 |
| tally judges by mail addressed to the
voter's place of | 14 |
| residence.
| 15 |
| Where ballots are counted on the day of the election in the | 16 |
| office of
the election authority as provided in Section 19B-30 | 17 |
| of this Article, each
political party, candidate, and qualified | 18 |
| civic organization shall be entitled
to have present one | 19 |
| pollwatcher for each panel of election judges therein
assigned. | 20 |
| The pollwatchers shall be subject to the same provisions as are
| 21 |
| proscribed for pollwatchers in Section 7-34 and 17-23 of this | 22 |
| Code, and shall
be permitted to observe the signature | 23 |
| comparison between that which is on the
ballot envelope and | 24 |
| that which is on the permanent voter registration record
card | 25 |
| taken from the master file.
|
|
|
|
HB1122 |
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|
| 1 |
| (10 ILCS 5/19B-45 new)
| 2 |
| Sec. 19B-45. Death of an elector before election day. | 3 |
| Whenever it shall
be made to appear by due proof to the tally | 4 |
| judges that any elector who
has marked and forwarded his or her | 5 |
| ballot as provided in this Article has died
before the date of | 6 |
| the election, then the ballot of the deceased voter shall be
| 7 |
| retained by the tally judges in the same manner as provided for | 8 |
| rejected
ballots; but the casting of the ballot of a deceased | 9 |
| voter shall not
invalidate the election.
| 10 |
| (10 ILCS 5/19B-50 new)
| 11 |
| Sec. 19B-50. Application to jurisdiction using voting | 12 |
| machines. In all
jurisdictions in which voting machines are | 13 |
| used, all the provisions of the
Article relating to the | 14 |
| furnishing of ballot boxes, printing, and furnishing
official | 15 |
| ballots and supplies in the number provided by law, the | 16 |
| canvassing of
the ballots and making the proper return of the | 17 |
| result of the election shall,
to the extent necessary to make | 18 |
| this Article effective, apply with full force
and effect.
| 19 |
| (10 ILCS 5/19B-55 new)
| 20 |
| Sec. 19B-55. Adoption of rules for mail-in ballots. The | 21 |
| State Board of
Elections shall conduct public hearings and | 22 |
| adopt rules and procedures for the
implementation of the use of | 23 |
| mail-in ballots within 270 days after the
effective
date
of |
|
|
|
HB1122 |
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LRB095 07977 JAM 28139 b |
|
| 1 |
| this amendatory Act of the 95th General Assembly.
| 2 |
| (b) In addition to any other duties prescribed by law, the | 3 |
| State Board of
Elections shall:
| 4 |
| (1) prescribe the form of materials to be used in the | 5 |
| conduct of mail-in
ballot elections;
| 6 |
| (2) establish procedures consistent with this Article | 7 |
| for the conduct of
mail-in ballot elections; and
| 8 |
| (3) supervise the conduct of mail-in ballot elections.
| 9 |
| (10 ILCS 5/19B-60 new)
| 10 |
| Sec. 19B-60. Report. After the consolidated election in | 11 |
| 2009, the State
Board of Elections must report to the General | 12 |
| Assembly on the problems and
successes of conducting the | 13 |
| election with mail-in ballots.
| 14 |
| (10 ILCS 5/24A-6) (from Ch. 46, par. 24A-6)
| 15 |
| Sec. 24A-6. The ballot information, whether placed on the | 16 |
| ballot or
on the marking device, shall, as far as practicable, | 17 |
| be in the order of
arrangement provided for paper ballots, | 18 |
| except that such information may
be in vertical or horizontal | 19 |
| rows, or in a number of separate pages.
Ballots for all | 20 |
| questions or propositions to be voted on must be
provided in | 21 |
| the same manner and must be arranged on or in the marking
| 22 |
| device or on the ballot sheet in the places provided for such | 23 |
| purposes.
| 24 |
| When an electronic voting system utilizes a ballot label |
|
|
|
HB1122 |
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LRB095 07977 JAM 28139 b |
|
| 1 |
| booklet and
ballot card, ballots for candidates, ballots | 2 |
| calling for a
constitutional convention, constitutional | 3 |
| amendment ballots, judicial
retention ballots, public | 4 |
| measures, and all propositions to be voted
upon may be placed | 5 |
| on the electronic voting device by providing in the
ballot | 6 |
| booklet separate ballot label pages or series of pages
| 7 |
| distinguished by differing colors as provided below. When an | 8 |
| electronic
voting system utilizes a ballot sheet, ballots | 9 |
| calling for a constitutional
convention, constitutional | 10 |
| amendment ballots and judicial retention ballots
shall be | 11 |
| placed on the ballot sheet by providing a separate portion of | 12 |
| the
ballot sheet for each such kind of ballot which shall be | 13 |
| printed in ink
of a color distinct from the color of ink used | 14 |
| in printing any other portion
of the ballot sheet. Ballots for | 15 |
| candidates, public measures and all other
propositions to be | 16 |
| voted upon shall be placed on the ballot sheet by providing
a | 17 |
| separate portion of the ballot sheet for each such kind of | 18 |
| ballot. Below
the name of the last candidate listed for an | 19 |
| office shall be printed a line
on which the name of a candidate | 20 |
| may be written by the voter, and immediately
to the left of | 21 |
| such line an area shall be provided for marking a vote for
such | 22 |
| write-in candidate. More than one amendment to the constitution | 23 |
| may
be placed on the same ballot page or series of pages or on | 24 |
| the same portion
of the ballot sheet, as the case may be. | 25 |
| Ballot label pages for
constitutional conventions or | 26 |
| constitutional amendments shall be on paper
of blue color and |
|
|
|
HB1122 |
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LRB095 07977 JAM 28139 b |
|
| 1 |
| shall precede all other ballot label pages in the ballot
label | 2 |
| booklet. More than one public measure or proposition may be | 3 |
| placed
on the same ballot label page or series of pages or on | 4 |
| the same portion of
the ballot sheet, as the case may be. More | 5 |
| than one proposition for
retention of judges in office may be | 6 |
| placed on the same ballot label page
or series of pages or on | 7 |
| the same portion of the ballot sheet, as the case
may be. | 8 |
| Ballot label pages for candidates shall be on paper of white
| 9 |
| color, except that in primary elections the ballot label page | 10 |
| or pages for
the candidates of each respective political party | 11 |
| shall be of the color
designated by the election official in | 12 |
| charge of the election for that
political party's candidates; | 13 |
| provided that the ballot label pages or pages
for candidates | 14 |
| for use at the nonpartisan and consolidated elections may be
on | 15 |
| paper of different colors, except blue, whenever necessary or | 16 |
| desirable
to facilitate distinguishing between the pages for | 17 |
| different political
subdivisions. On each page
of
the candidate | 18 |
| booklet, where the election is made to list ballot
information | 19 |
| vertically, the party affiliation of each candidate or the word
| 20 |
| "independent" shall appear immediately to the left of the | 21 |
| candidate's
name, and the name of candidates for the same | 22 |
| office shall be listed
vertically under the title of that | 23 |
| office. In the case of nonpartisan
elections for officers of | 24 |
| political subdivisions, unless the statute or
an ordinance | 25 |
| adopted pursuant to Article VII of the Constitution
requires | 26 |
| otherwise, the listing of such nonpartisan candidates shall not
|
|
|
|
HB1122 |
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LRB095 07977 JAM 28139 b |
|
| 1 |
| include any party or "independent" designation. Ballot label | 2 |
| pages for
judicial retention ballots shall be on paper of green | 3 |
| color, and ballot
label pages for all public measures and other | 4 |
| propositions shall be on
paper of some other distinct and | 5 |
| different color. In primary elections,
a separate ballot label | 6 |
| booklet, marking device and voting booth shall
be used for each | 7 |
| political party holding a primary, with the ballot
label | 8 |
| booklet arranged to include ballot label pages of the | 9 |
| candidates
of the party and public measures and other | 10 |
| propositions to be voted upon
on the day of the primary | 11 |
| election. One ballot card may be used for
recording the voter's | 12 |
| vote or choice on all such ballots, proposals,
public measures | 13 |
| or propositions, and such ballot card shall be arranged
so as | 14 |
| to record the voter's vote or choice in a separate column or
| 15 |
| columns for each such kind of ballot, proposal, public measure | 16 |
| or
proposition.
| 17 |
| If the ballot label booklet includes both candidates for | 18 |
| office and
public measures or propositions to be voted on, the | 19 |
| election official in
charge of the election shall divide the | 20 |
| pages by protruding tabs
identifying the division of the pages, | 21 |
| and printing on such tabs
"Candidates" and "Propositions".
| 22 |
| The ballot card and all of its columns and the ballot card | 23 |
| envelope
shall be of the color prescribed for candidate's | 24 |
| ballots at the general
or primary election, whichever is being | 25 |
| held. At an election where no
candidates are being nominated or | 26 |
| elected, the ballot card, its columns,
and the ballot card |
|
|
|
HB1122 |
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LRB095 07977 JAM 28139 b |
|
| 1 |
| envelope shall be of a color designated by the election
| 2 |
| official in charge of the election.
| 3 |
| The ballot cards, ballot card envelopes and ballot sheets | 4 |
| may, at the
discretion of the election authority, be printed on | 5 |
| white paper and then
striped with the appropriate colors.
| 6 |
| When ballot sheets are used, the various portions thereof | 7 |
| shall be arranged
to conform to the foregoing format.
| 8 |
| Absentee ballots may consist of ballot cards, envelopes, | 9 |
| paper ballots
or ballot sheets voted in person in the office of | 10 |
| the election official in
charge of the election or voted by | 11 |
| mail. Where a ballot card is used for
voting by mail it must be | 12 |
| accompanied by a punching tool or other
appropriate marking | 13 |
| device, voter instructions and a specimen ballot
showing the | 14 |
| proper positions to vote on the ballot card or ballot sheet for
| 15 |
| each party, candidate, proposal, public measure or | 16 |
| proposition, and in the
case of a ballot card must be mounted | 17 |
| on a suitable material to receive the
punched out chip.
| 18 |
| Ballots for use in the consolidated election conducted | 19 |
| under Article 19B
may
consist of ballot cards, envelopes, paper | 20 |
| ballots, or ballot sheets. Where a
ballot card is used for | 21 |
| voting by mail it must be accompanied by a punching
tool or | 22 |
| other appropriate marking device, voter instructions, and a | 23 |
| specimen
ballot showing the proper positions to vote on the | 24 |
| ballot card or ballot sheet
for each candidate, proposal, | 25 |
| public measure, or proposition, and in the case
of
a ballot | 26 |
| card must be mounted on a suitable material to receive the |
|
|
|
HB1122 |
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LRB095 07977 JAM 28139 b |
|
| 1 |
| punched out
chip.
| 2 |
| Any voter who spoils his ballot or makes an error may | 3 |
| return the
ballot to the judges of election and secure another. | 4 |
| However, the
protruding identifying tab for proposals for a | 5 |
| constitutional convention
or constitutional amendments shall | 6 |
| have printed thereon "Constitutional
Ballot", and the ballot | 7 |
| label page or pages for such proposals shall
precede the ballot | 8 |
| label pages for candidates in the ballot label
booklet.
| 9 |
| (Source: P.A. 89-700, eff. 1-17-97.)
| 10 |
| (10 ILCS 5/24B-6)
| 11 |
| Sec. 24B-6. Ballot Information; Arrangement; Electronic | 12 |
| Precinct
Tabulation Optical Scan Technology Voting System; | 13 |
| Absentee
Ballots; Spoiled Ballots. The ballot information, | 14 |
| shall, as far
as practicable, be in the order of arrangement | 15 |
| provided for paper
ballots, except that the information may be | 16 |
| in vertical or
horizontal rows, or on a number of separate | 17 |
| pages or displays on the marking
device. Ballots for
all | 18 |
| questions or propositions to be voted on should be provided
in | 19 |
| a similar manner and must be arranged on the ballot sheet or | 20 |
| marking
device in
the places provided for such purposes. | 21 |
| Ballots shall be of white
paper unless provided otherwise by | 22 |
| administrative rule of the State Board of
Elections or | 23 |
| otherwise specified.
| 24 |
| All propositions, including but not limited to | 25 |
| propositions
calling for a constitutional convention, |
|
|
|
HB1122 |
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LRB095 07977 JAM 28139 b |
|
| 1 |
| constitutional
amendment, judicial retention, and public | 2 |
| measures to be voted
upon shall be placed on separate portions | 3 |
| of the ballot sheet or marking
device by
utilizing borders or | 4 |
| grey screens. Candidates shall be listed on
a separate portion | 5 |
| of the ballot sheet or marking device by utilizing
borders or
| 6 |
| grey screens. Below the name of the last candidate listed for | 7 |
| an
office shall be printed or displayed a line or lines on | 8 |
| which the voter
may select a
write-in candidate. Such line or | 9 |
| lines shall be proximate to an area provided for marking
votes | 10 |
| for the write-in candidate or
candidates. The number of | 11 |
| write-in lines for an office shall equal the number
of | 12 |
| candidates
for which a voter may vote. More than one amendment | 13 |
| to the constitution may be
placed on the
same portion of the | 14 |
| ballot sheet or marking device.
Constitutional convention or | 15 |
| constitutional amendment
propositions shall be printed or | 16 |
| displayed on a separate portion of the
ballot
sheet or marking | 17 |
| device and designated by borders or grey screens, unless
| 18 |
| otherwise
provided by administrative rule of the State Board of | 19 |
| Elections.
More than one public measure or proposition may be | 20 |
| placed on the
same portion of the ballot sheet or marking | 21 |
| device. More than
one proposition for retention of judges in | 22 |
| office may be placed
on the same portion of the ballot sheet or | 23 |
| marking device.
Names of candidates shall be printed in black. | 24 |
| The party
affiliation of each candidate or the word | 25 |
| "independent" shall
appear near or under the candidate's name, | 26 |
| and the names of
candidates for the same office shall be listed |
|
|
|
HB1122 |
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LRB095 07977 JAM 28139 b |
|
| 1 |
| vertically under
the title of that office, on separate pages of | 2 |
| the marking device, or as
otherwise approved by the State Board | 3 |
| of Elections. In the case of
nonpartisan elections
for officers | 4 |
| of political subdivisions, unless the statute or an
ordinance | 5 |
| adopted pursuant to Article VII of the Constitution
requires | 6 |
| otherwise, the listing of nonpartisan candidates
shall not | 7 |
| include any party or "independent" designation.
Judicial | 8 |
| retention
questions and ballot questions for all public | 9 |
| measures and other propositions
shall be designated by borders | 10 |
| or grey screens on the ballot or marking
device.
In primary
| 11 |
| elections, a separate ballot, or displays on the marking | 12 |
| device, shall be
used for each political
party holding a | 13 |
| primary, with the ballot or marking device arranged to
include
| 14 |
| names of the candidates of the party and public measures and
| 15 |
| other propositions to be voted upon on the day of the primary
| 16 |
| election.
| 17 |
| If the ballot includes both candidates for office and | 18 |
| public
measures or propositions to be voted on, the election | 19 |
| official in
charge of the election shall divide the ballot or | 20 |
| displays on the marking
device in sections for
"Candidates" and | 21 |
| "Propositions", or separate ballots may be used.
| 22 |
| Absentee ballots may consist of envelopes, paper ballots or
| 23 |
| ballot sheets voted in person in the office of the election
| 24 |
| official in charge of the election or voted by mail. Where a
| 25 |
| Precinct Tabulation Optical Scan Technology ballot is used for
| 26 |
| voting by mail it must be accompanied by voter instructions.
|
|
|
|
HB1122 |
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LRB095 07977 JAM 28139 b |
|
| 1 |
| Ballots for use in the consolidated election conducted | 2 |
| under Article 19B
may
consist of
envelopes, paper ballots, or | 3 |
| ballot sheets. Where a Precinct Tabulation
Optical Scan | 4 |
| Technology ballot is used for voting by mail it must be
| 5 |
| accompanied by voter instructions.
| 6 |
| Any voter who spoils his or her ballot, makes an error, or | 7 |
| has a ballot
returned by the automatic tabulating equipment may | 8 |
| return
the ballot to the judges of election and get another | 9 |
| ballot.
| 10 |
| (Source: P.A. 93-574, eff. 8-21-03.)
| 11 |
| Section 90. The State Mandates Act is amended by adding | 12 |
| Section 8.31 as follows: | 13 |
| (30 ILCS 805/8.31 new) | 14 |
| Sec. 8.31. Exempt mandate. Notwithstanding Sections 6 and 8 | 15 |
| of this Act, no reimbursement by the State is required for the | 16 |
| implementation of any mandate created by this amendatory Act of | 17 |
| the 95th General Assembly.
| 18 |
| Section 99. Effective date. This Act takes effect upon | 19 |
| becoming law.
|
|
|
|
HB1122 |
- 42 - |
LRB095 07977 JAM 28139 b |
|
| 1 |
|
INDEX
| 2 |
|
Statutes amended in order of appearance
|
| 3 |
| 10 ILCS 5/4-11 |
from Ch. 46, par. 4-11 |
| 4 |
| 10 ILCS 5/11-7 |
from Ch. 46, par. 11-7 |
| 5 |
| 10 ILCS 5/12-1 |
from Ch. 46, par. 12-1 |
| 6 |
| 10 ILCS 5/12-4 |
from Ch. 46, par. 12-4 |
| 7 |
| 10 ILCS 5/13-1 |
from Ch. 46, par. 13-1 |
| 8 |
| 10 ILCS 5/13-2 |
from Ch. 46, par. 13-2 |
| 9 |
| 10 ILCS 5/14-1 |
from Ch. 46, par. 14-1 |
| 10 |
| 10 ILCS 5/14-3.1 |
from Ch. 46, par. 14-3.1 |
| 11 |
| 10 ILCS 5/16-5 |
from Ch. 46, par. 16-5 |
| 12 |
| 10 ILCS 5/17-1 |
from Ch. 46, par. 17-1 |
| 13 |
| 10 ILCS 5/Art.19B heading | 14 |
| new |
|
| 15 |
| 10 ILCS 5/19B-5 new |
|
| 16 |
| 10 ILCS 5/19B-10 new |
|
| 17 |
| 10 ILCS 5/19B-15 new |
|
| 18 |
| 10 ILCS 5/19B-20 new |
|
| 19 |
| 10 ILCS 5/19B-25 new |
|
| 20 |
| 10 ILCS 5/19B-30 new |
|
| 21 |
| 10 ILCS 5/19B-35 new |
|
| 22 |
| 10 ILCS 5/19B-40 new |
|
| 23 |
| 10 ILCS 5/19B-45 new |
|
| 24 |
| 10 ILCS 5/19B-50 new |
|
| 25 |
| 10 ILCS 5/19B-55 new |
|
|
|
|
|
HB1122 |
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LRB095 07977 JAM 28139 b |
|
| 1 |
| 10 ILCS 5/19B-60 new |
|
| 2 |
| 10 ILCS 5/24A-6 |
from Ch. 46, par. 24A-6 |
| 3 |
| 10 ILCS 5/24B-6 |
|
| 4 |
| 30 ILCS 805/8.31 new |
|
| |
|