Full Text of SB3722 97th General Assembly
SB3722ham001 97TH GENERAL ASSEMBLY | Rep. Barbara Flynn Currie Filed: 5/15/2012
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| 1 | | AMENDMENT TO SENATE BILL 3722
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 3722 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Election Code is amended by changing | 5 | | Sections 4-50, 5-50, 6-100, 9-1.8, 9-1.9, 9-1.15, 9-2, 9-7, | 6 | | 9-8.5, 9-8.6, 9-10, 9-15, 17-9, 18A-5, 19-2.1, 19-3, and 19A-15 | 7 | | and by adding Section 1-11 as follows: | 8 | | (10 ILCS 5/1-11 new) | 9 | | Sec. 1-11. Public university registration and voting. For | 10 | | the 2012 general election, each appropriate election authority | 11 | | shall conduct grace period registration and early voting in a | 12 | | high traffic location on the campus of a public university | 13 | | within the election authority's jurisdiction. For the purposes | 14 | | of this Section, "public university" means the University of | 15 | | Illinois at its campuses in Urbana-Champaign and Springfield, | 16 | | Southern Illinois University at its campuses in Carbondale and |
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| 1 | | Edwardsville, Eastern Illinois University, Illinois State | 2 | | University, Northern Illinois University, and Western Illinois | 3 | | University at its campuses in Macomb and Moline. The | 4 | | registration conducted under this Section shall be available to | 5 | | any qualified resident of this State. The registration and | 6 | | voting required by this Section to be conducted on campus must | 7 | | be conducted as otherwise required by this Code. Each public | 8 | | university shall make the space available in a high traffic | 9 | | area for, and cooperate and coordinate with the appropriate | 10 | | election authority in, the implementation of this Section. This | 11 | | Section is repealed on May 31, 2013. | 12 | | (10 ILCS 5/4-50) | 13 | | Sec. 4-50. Grace period. Notwithstanding any other | 14 | | provision of this
Code to the contrary, each election authority | 15 | | shall
establish procedures for the registration of voters and | 16 | | for change of address during the period from the close of
| 17 | | registration for a primary or election and until the 3rd 7th | 18 | | day before the
primary or election. During this grace period, | 19 | | an unregistered qualified
elector may
register to vote, and a | 20 | | registered voter may submit a change of address form, in person | 21 | | in the office of the election
authority or at a voter | 22 | | registration location specifically designated for this
purpose | 23 | | by the election authority. The election authority shall
| 24 | | register that individual, or change a registered voter's | 25 | | address, in the same manner as otherwise provided by this |
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| 1 | | Article for registration and change of address. | 2 | | If a voter who registers or changes address during this | 3 | | grace period wishes to vote at the first election or primary | 4 | | occurring after the grace period, he or she must do so by grace | 5 | | period voting, either in person in the office of the election | 6 | | authority or at a location specifically designated for this | 7 | | purpose by the election authority, or by mail, at the | 8 | | discretion of the election authority. Grace period voting shall | 9 | | be in a manner substantially similar to voting under Article | 10 | | 19. | 11 | | Within one day after a voter casts a grace period ballot, | 12 | | the election authority shall transmit the voter's name, street | 13 | | address, and precinct, ward, township, and district numbers, as | 14 | | the case may be, to the State Board of Elections, which shall | 15 | | maintain those names and that information in an electronic | 16 | | format on its website, arranged by county and accessible to | 17 | | State and local political committees. The name of each person | 18 | | issued a grace period ballot shall also be placed on the | 19 | | appropriate precinct list of persons to whom absentee and early | 20 | | ballots have been issued, for use as provided in Sections 17-9 | 21 | | and 18-5. | 22 | | A person who casts a grace period ballot shall not be | 23 | | permitted to revoke that ballot and vote another ballot with | 24 | | respect to that primary or election. Ballots cast by persons | 25 | | who register or change address during the grace period must be | 26 | | transmitted to and counted at the election authority's central |
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| 1 | | ballot counting location and shall not be transmitted to and | 2 | | counted at precinct polling places.
The grace period ballots | 3 | | determined to be valid shall be added to the vote totals for | 4 | | the precincts for which they were cast in the order in which | 5 | | the ballots were opened.
| 6 | | (Source: P.A. 96-441, eff. 1-1-10.) | 7 | | (10 ILCS 5/5-50) | 8 | | Sec. 5-50. Grace period. Notwithstanding any other | 9 | | provision of this
Code to the contrary, each election authority | 10 | | shall
establish procedures for the registration of voters and | 11 | | for change of address during the period from the close of
| 12 | | registration for a primary or election and until the 3rd 7th | 13 | | day before the
primary or election. During this grace period, | 14 | | an unregistered qualified
elector may
register to vote, and a | 15 | | registered voter may submit a change of address form, in person | 16 | | in the office of the election
authority or at a voter | 17 | | registration location specifically designated for this
purpose | 18 | | by the election authority. The election authority shall
| 19 | | register that individual, or change a registered voter's | 20 | | address, in the same manner as otherwise provided by this | 21 | | Article for registration and change of address. | 22 | |
If a voter who registers or changes address during this | 23 | | grace period wishes to vote at the first election or primary | 24 | | occurring after the grace period, he or she must do so by grace | 25 | | period voting, either in person in the office of the election |
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| 1 | | authority or at a location specifically designated for this | 2 | | purpose by the election authority, or by mail, at the | 3 | | discretion of the election authority. Grace period voting shall | 4 | | be in a manner substantially similar to voting under Article | 5 | | 19. | 6 | | Within one day after a voter casts a grace period ballot, | 7 | | the election authority shall transmit the voter's name, street | 8 | | address, and precinct, ward, township, and district numbers, as | 9 | | the case may be, to the State Board of Elections, which shall | 10 | | maintain those names and that information in an electronic | 11 | | format on its website, arranged by county and accessible to | 12 | | State and local political committees. The name of each person | 13 | | issued a grace period ballot shall also be placed on the | 14 | | appropriate precinct list of persons to whom absentee and early | 15 | | ballots have been issued, for use as provided in Sections 17-9 | 16 | | and 18-5. | 17 | | A person who casts a grace period ballot shall not be | 18 | | permitted to revoke that ballot and vote another ballot with | 19 | | respect to that primary or election. Ballots cast by persons | 20 | | who register or change address during the grace period must be | 21 | | transmitted to and counted at the election authority's central | 22 | | ballot counting location and shall not be transmitted to and | 23 | | counted at precinct polling places. The grace period ballots | 24 | | determined to be valid shall be added to the vote totals for | 25 | | the precincts for which they were cast in the order in which | 26 | | the ballots were opened.
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| 1 | | (Source: P.A. 96-441, eff. 1-1-10.) | 2 | | (10 ILCS 5/6-100) | 3 | | Sec. 6-100. Grace period. Notwithstanding any other | 4 | | provision of this
Code to the contrary, each election authority | 5 | | shall
establish procedures for the registration of voters and | 6 | | for change of address during the period from the close of
| 7 | | registration for a primary or election and until the 3rd 7th | 8 | | day before the
primary or election. During this grace period, | 9 | | an unregistered qualified
elector may
register to vote, and a | 10 | | registered voter may submit a change of address form, in person | 11 | | in the office of the election
authority or at a voter | 12 | | registration location specifically designated for this
purpose | 13 | | by the election authority. The election authority shall
| 14 | | register that individual, or change a registered voter's | 15 | | address, in the same manner as otherwise provided by this | 16 | | Article for registration and change of address. | 17 | | If a voter who registers or changes address during this | 18 | | grace period wishes to vote at the first election or primary | 19 | | occurring after the grace period, he or she must do so by grace | 20 | | period voting, either in person in the office of the election | 21 | | authority or at a location specifically designated for this | 22 | | purpose by the election authority, or by mail, at the | 23 | | discretion of the election authority. Grace period voting shall | 24 | | be in a manner substantially similar to voting under Article | 25 | | 19. |
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| 1 | | Within one day after a voter casts a grace period ballot, | 2 | | the election authority shall transmit the voter's name, street | 3 | | address, and precinct, ward, township, and district numbers, as | 4 | | the case may be, to the State Board of Elections, which shall | 5 | | maintain those names and that information in an electronic | 6 | | format on its website, arranged by county and accessible to | 7 | | State and local political committees. The name of each person | 8 | | issued a grace period ballot shall also be placed on the | 9 | | appropriate precinct list of persons to whom absentee and early | 10 | | ballots have been issued, for use as provided in Sections 17-9 | 11 | | and 18-5. | 12 | | A person who casts a grace period ballot shall not be | 13 | | permitted to revoke that ballot and vote another ballot with | 14 | | respect to that primary or election. Ballots cast by persons | 15 | | who register or change address during the grace period must be | 16 | | transmitted to and counted at the election authority's central | 17 | | ballot counting location and shall not be transmitted to and | 18 | | counted at precinct polling places. The grace period ballots | 19 | | determined to be valid shall be added to the vote totals for | 20 | | the precincts for which they were cast in the order in which | 21 | | the ballots were opened.
| 22 | | (Source: P.A. 96-441, eff. 1-1-10.)
| 23 | | (10 ILCS 5/9-1.8)
(from Ch. 46, par. 9-1.8)
| 24 | | Sec. 9-1.8. Political committees. | 25 | | (a) "Political committee" includes a candidate political |
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| 1 | | committee, a political party committee, a political action | 2 | | committee, and a ballot initiative committee , and an | 3 | | independent expenditure committee . | 4 | | (b) "Candidate political committee" means the candidate | 5 | | himself or herself or any natural person, trust, partnership, | 6 | | corporation, or other organization or group of persons | 7 | | designated by the candidate that accepts contributions or makes | 8 | | expenditures during any 12-month period in an aggregate amount | 9 | | exceeding $3,000 on behalf of the candidate. | 10 | | (c) "Political party committee" means the State central | 11 | | committee of a political party, a county central committee of a | 12 | | political party, a legislative caucus committee, or a committee | 13 | | formed by a ward or township committeeman of a political party. | 14 | | For purposes of this Article, a "legislative caucus committee" | 15 | | means a committee established for the purpose of electing | 16 | | candidates to the General Assembly by the person elected | 17 | | President of the Senate, Minority Leader of the Senate, Speaker | 18 | | of the House of Representatives, Minority Leader of the House | 19 | | of Representatives, or a committee established by 5 or more | 20 | | members of the same caucus of the Senate or 10 or more members | 21 | | of the same caucus of the House of Representatives. | 22 | | (d) "Political action committee" means any natural person, | 23 | | trust, partnership, committee, association, corporation, or | 24 | | other organization or group of persons, other than a candidate, | 25 | | political party, candidate political committee, or political | 26 | | party committee, that accepts contributions or makes |
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| 1 | | expenditures during any 12-month period in an aggregate amount | 2 | | exceeding $3,000 on behalf of or in opposition to a candidate | 3 | | or candidates for public office. "Political action committee" | 4 | | includes any natural person, trust, partnership, committee, | 5 | | association, corporation, or other organization or group of | 6 | | persons, other than a candidate, political party, candidate | 7 | | political committee, or political party committee, that makes | 8 | | electioneering communications during any 12-month period in an | 9 | | aggregate amount exceeding $3,000 related to any candidate or | 10 | | candidates for public office. | 11 | | (e) "Ballot initiative committee" means any natural | 12 | | person, trust, partnership, committee, association, | 13 | | corporation, or other organization or group of persons that | 14 | | accepts contributions or makes expenditures during any | 15 | | 12-month period in an aggregate amount exceeding $3,000 in | 16 | | support of or in opposition to any question of public policy to | 17 | | be submitted to the electors. "Ballot initiative committee" | 18 | | includes any natural person, trust, partnership, committee, | 19 | | association, corporation, or other organization or group of | 20 | | persons that makes electioneering communications during any | 21 | | 12-month period in an aggregate amount exceeding $3,000 related | 22 | | to any question of public policy to be submitted to the voters. | 23 | | The $3,000 threshold applies to any contributions or | 24 | | expenditures received or made with the purpose of securing a | 25 | | place on the ballot for, advocating the defeat or passage of, | 26 | | or engaging in electioneering communication regarding the |
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| 1 | | question of public policy, regardless of the method of | 2 | | initiation of the question of public policy and regardless of | 3 | | whether petitions have been circulated or filed with the | 4 | | appropriate office or whether the question has been adopted and | 5 | | certified by the governing body. | 6 | | (f) "Independent expenditure committee" means any trust, | 7 | | partnership, committee, association, corporation, or other | 8 | | organization or group of persons that makes independent | 9 | | expenditures during any 12-month period in an aggregate amount | 10 | | exceeding $3,000 in support of or in opposition to (i) the | 11 | | nomination for election, election, retention, or defeat of any | 12 | | public official or candidate or (ii) any question of public | 13 | | policy to be submitted to the electors. "Independent | 14 | | expenditure committee" also includes any trust, partnership, | 15 | | committee, association, corporation, or other organization or | 16 | | group of persons that makes electioneering communications | 17 | | during any 12-month period in an aggregate amount exceeding | 18 | | $3,000 related to (i) the nomination for election, election, | 19 | | retention, or defeat of any public official or candidate or | 20 | | (ii) any question of public policy to be submitted to the | 21 | | voters.
| 22 | | (Source: P.A. 95-963, eff. 1-1-09; 96-832, eff. 1-1-11 .)
| 23 | | (10 ILCS 5/9-1.9)
(from Ch. 46, par. 9-1.9)
| 24 | | Sec. 9-1.9. Election cycle. "Election cycle" means any of | 25 | | the following: |
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| 1 | | (1) For a candidate political committee organized to | 2 | | support a candidate to be elected at a general primary election | 3 | | or general election, (i) the period beginning January 1 | 4 | | following the general election for the office to which a | 5 | | candidate seeks nomination or election and ending on the day of | 6 | | the general primary election for that office or (ii) the period | 7 | | beginning the day after a general primary election for the | 8 | | office to which the candidate seeks nomination or election and | 9 | | through December 31 following the general election. | 10 | | (2) Notwithstanding paragraph (1), for a candidate | 11 | | political committee organized to support a candidate for the | 12 | | General Assembly, (i) the period beginning January 1 following | 13 | | a general election and ending on the day of the next general | 14 | | primary election or (ii) the period beginning the day after the | 15 | | general primary election and ending on December 31 following a | 16 | | general election. | 17 | | (3) For a candidate political committee organized to | 18 | | support a candidate for a retention election, (i) the period | 19 | | beginning January 1 following the general election at which the | 20 | | candidate was elected through the day the candidate files a | 21 | | declaration of intent to seek retention or (ii) the period | 22 | | beginning the day after the candidate files a declaration of | 23 | | intent to seek retention through December 31 following the | 24 | | retention election. | 25 | | (4) For a candidate political committee organized to | 26 | | support a candidate to be elected at a consolidated primary |
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| 1 | | election or consolidated election, (i) the period beginning | 2 | | July 1 following a consolidated election and ending on the day | 3 | | of the consolidated primary election or (ii) the period | 4 | | beginning the day after the consolidated primary election and | 5 | | ending on June 30 following a consolidated election. | 6 | | (5) For a political party committee, political action | 7 | | committee, or ballot initiative committee, or independent | 8 | | expenditure committee, the period beginning on January 1 and | 9 | | ending on December 31 of each calendar year.
| 10 | | (Source: P.A. 96-832, eff. 1-1-11 .)
| 11 | | (10 ILCS 5/9-1.15) | 12 | | Sec. 9-1.15. Independent expenditure. "Independent | 13 | | expenditure" means any payment, gift, donation, or expenditure | 14 | | of funds (i) by a natural person or political committee for the | 15 | | purpose of making electioneering communications or of | 16 | | expressly advocating for or against the nomination for | 17 | | election, election, retention, or defeat of a clearly | 18 | | identifiable public official or candidate or for or against any | 19 | | question of public policy to be submitted to the voters and | 20 | | (ii) that is not made in connection, consultation, or concert | 21 | | with or at the request or suggestion of the public official or | 22 | | candidate, the public official's or candidate's designated | 23 | | political committee or campaign, or the agent or agents of the | 24 | | public official, candidate, or political committee or | 25 | | campaign.
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| 1 | | (Source: P.A. 96-832, eff. 7-1-10 .)
| 2 | | (10 ILCS 5/9-2) (from Ch. 46, par. 9-2)
| 3 | | Sec. 9-2. Political committee designations. | 4 | | (a) Every political committee shall be designated as a (i) | 5 | | candidate political committee, (ii) political party committee, | 6 | | (iii) political action committee, or (iv) ballot initiative | 7 | | committee , or (v) independent expenditure committee . | 8 | | (b) Beginning January 1, 2011, no public official or | 9 | | candidate for public office may maintain or establish more than | 10 | | one candidate political committee for each office that public | 11 | | official or candidate holds or is seeking. The name of each | 12 | | candidate political committee shall identify the name of the | 13 | | public official or candidate supported by the candidate | 14 | | political committee. If a candidate establishes separate | 15 | | candidate political committees for each public office, the name | 16 | | of each candidate political committee shall also include the | 17 | | public office to which the candidate seeks nomination for | 18 | | election, election, or retention. If a candidate establishes | 19 | | one candidate political committee for multiple offices elected | 20 | | at different elections, then the candidate shall designate an | 21 | | election cycle, as defined in Section 9-1.9, for purposes of | 22 | | contribution limitations and reporting requirements set forth | 23 | | in this Article.
No political committee, other than a candidate | 24 | | political committee, may include the name of a candidate in its | 25 | | name. |
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| 1 | | (c) Beginning January 1, 2011, no State central committee | 2 | | of a political party, county central committee of a political | 3 | | party, committee formed by a ward or township committeeman, or | 4 | | committee established for the purpose of electing candidates to | 5 | | the General Assembly may maintain or establish more than one | 6 | | political party committee. The name of the committee must | 7 | | include the name of the political party. | 8 | | (d) Beginning January 1, 2011, no natural person, trust, | 9 | | partnership, committee, association, corporation, or other | 10 | | organization or group of persons forming a political action | 11 | | committee shall maintain or establish more than one political | 12 | | action committee. The name of a political action committee must | 13 | | include the name of the entity forming the committee. | 14 | | (e) Beginning January 1, 2011, the name of a ballot | 15 | | initiative committee must include words describing the | 16 | | question of public policy and whether the group supports or | 17 | | opposes the question. | 18 | | (f) Every political committee shall designate a chairman
| 19 | | and a treasurer. The same person may serve as both chairman and
| 20 | | treasurer of any political committee.
A candidate who | 21 | | administers his own campaign contributions and
expenditures | 22 | | shall be deemed a political committee for purposes of this
| 23 | | Article and shall designate himself as chairman, treasurer, or | 24 | | both
chairman and treasurer of such political committee. The | 25 | | treasurer of a
political committee shall be responsible for | 26 | | keeping the records and
filing the statements and reports |
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| 1 | | required by this Article.
| 2 | | (g) No contribution and no expenditure shall be accepted or | 3 | | made by or on
behalf of a political committee at a time when | 4 | | there is a vacancy in the
office of chairman or treasurer | 5 | | thereof. No expenditure shall be made
for or on behalf of a | 6 | | political committee without the authorization of
its chairman | 7 | | or treasurer, or their designated agents.
| 8 | | (h) For purposes of implementing the changes made by this | 9 | | amendatory Act of the 96th General Assembly, every political | 10 | | committee in existence on the effective date of this amendatory | 11 | | Act of the 96th General Assembly shall make the designation | 12 | | required by this Section by December 31, 2010. | 13 | | (Source: P.A. 96-832, eff. 7-1-10 .)
| 14 | | (10 ILCS 5/9-7) (from Ch. 46, par. 9-7)
| 15 | | Sec. 9-7. Records and accounts. | 16 | | (1) Except as provided in subsection (2), the The treasurer | 17 | | of a political committee shall keep a detailed and exact
| 18 | | account of-
| 19 | | (a) the total of all contributions made to or for the | 20 | | committee;
| 21 | | (b) the full name and mailing address of every person | 22 | | making a
contribution and the date and amount thereof;
| 23 | | (c) the total of all expenditures made by or on behalf | 24 | | of the committee;
| 25 | | (d) the full name and mailing address of every person |
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| 1 | | to whom any
expenditure is made, and the date and amount | 2 | | thereof;
| 3 | | (e) proof of payment, stating the particulars, for | 4 | | every expenditure made by or on behalf of the committee.
| 5 | | The treasurer shall preserve all records and accounts | 6 | | required
by this section for a period of 2 years. | 7 | | (2) The treasurer of a political committee shall keep a | 8 | | detailed and exact account of the total amount of contributions | 9 | | made to or for a committee at an event licensed under Section | 10 | | 8.1 of the Raffles Act. For an event licensed under Section | 11 | | 8.1, the treasurer is not required to keep a detailed and exact | 12 | | account of the full name and mailing address of a person who | 13 | | purchases tickets at the event in an amount that does not | 14 | | exceed $150.
| 15 | | (Source: P.A. 96-832, eff. 1-1-11 .)
| 16 | | (10 ILCS 5/9-8.5) | 17 | | Sec. 9-8.5. Limitations on campaign contributions. | 18 | | (a) It is unlawful for a political committee to accept | 19 | | contributions except as provided in this Section. | 20 | | (b) During an election cycle, a candidate political | 21 | | committee may not accept contributions with an aggregate value | 22 | | over the following: (i) $5,000 from any individual, (ii) | 23 | | $10,000 from any corporation, labor organization, or | 24 | | association, or (iii) $50,000 from a candidate political | 25 | | committee or political action committee. A candidate political |
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| 1 | | committee may accept contributions in any amount from a | 2 | | political party committee except during an election cycle in | 3 | | which the candidate seeks nomination at a primary election. | 4 | | During an election cycle in which the candidate seeks | 5 | | nomination at a primary election, a candidate political | 6 | | committee may not accept contributions from political party | 7 | | committees with an aggregate value over the following: (i) | 8 | | $200,000 for a candidate political committee established to | 9 | | support a candidate seeking nomination to statewide office, | 10 | | (ii) $125,000 for a candidate political committee established | 11 | | to support a candidate seeking nomination to the Senate, the | 12 | | Supreme Court or Appellate Court in the First Judicial | 13 | | District, or an office elected by all voters in a county with | 14 | | 1,000,000 or more residents, (iii) $75,000 for a candidate | 15 | | political committee established to support a candidate seeking | 16 | | nomination to the House of Representatives, the Supreme Court | 17 | | or Appellate Court for a Judicial District other than the First | 18 | | Judicial District, an office elected by all voters of a county | 19 | | of fewer than 1,000,000 residents, and municipal and county | 20 | | offices in Cook County other than those elected by all voters | 21 | | of Cook County, and (iv) $50,000 for a candidate political | 22 | | committee established to support the nomination of a candidate | 23 | | to any other office.
A candidate political committee | 24 | | established to elect a candidate to the General Assembly may | 25 | | accept contributions from only one legislative caucus | 26 | | committee. A candidate political committee may not accept |
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| 1 | | contributions from a ballot initiative committee. | 2 | | (c) During an election cycle, a political party committee | 3 | | may not accept contributions with an aggregate value over the | 4 | | following: (i) $10,000 from any individual, (ii) $20,000 from | 5 | | any corporation, labor organization, or association, or (iii) | 6 | | $50,000 from a political action committee. A political party | 7 | | committee may accept contributions in any amount from another | 8 | | political party committee or a candidate political committee, | 9 | | except as provided in subsection (c-5). Nothing in this Section | 10 | | shall limit the amounts that may be transferred between a State | 11 | | political party committee established under subsection (a) of | 12 | | Section 7-8 of this Code and an affiliated federal political | 13 | | committee established under the Federal Election Code by the | 14 | | same political party . A political party committee may not | 15 | | accept contributions from a ballot initiative committee. A | 16 | | political party committee established by a legislative caucus | 17 | | may not accept contributions from another political party | 18 | | committee established by a legislative caucus. | 19 | | (c-5) During the period beginning on the date candidates | 20 | | may begin circulating petitions for a primary election and | 21 | | ending on the day of the primary election, a political party | 22 | | committee may not accept contributions with an aggregate value | 23 | | over $50,000 from a candidate political committee or political | 24 | | party committee. A political party committee may accept | 25 | | contributions in any amount from a candidate political | 26 | | committee or political party committee if the political party |
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| 1 | | committee receiving the contribution filed a statement of | 2 | | nonparticipation in the primary as provided in subsection | 3 | | (c-10). The Task Force on Campaign Finance Reform shall study | 4 | | and make recommendations on the provisions of this subsection | 5 | | to the Governor and General Assembly by September 30, 2012. | 6 | | This subsection becomes inoperative on July 1, 2013 and | 7 | | thereafter no longer applies. | 8 | | (c-10) A political party committee that does not intend to | 9 | | make contributions to candidates to be nominated at a general | 10 | | primary election or consolidated primary election may file a | 11 | | Statement of Nonparticipation in a Primary Election with the | 12 | | Board. The Statement of Nonparticipation shall include a | 13 | | verification signed by the chairperson and treasurer of the | 14 | | committee that (i) the committee will not make contributions or | 15 | | coordinated expenditures in support of or opposition to a | 16 | | candidate or candidates to be nominated at the general primary | 17 | | election or consolidated primary election (select one) to be | 18 | | held on (insert date), (ii) the political party committee may | 19 | | accept unlimited contributions from candidate political | 20 | | committees and political party committees, provided that the | 21 | | political party committee does not make contributions to a | 22 | | candidate or candidates to be nominated at the primary | 23 | | election, and (iii) failure to abide by these requirements | 24 | | shall deem the political party committee in violation of this | 25 | | Article and subject the committee to a fine of no more than | 26 | | 150% of the total contributions or coordinated expenditures |
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| 1 | | made by the committee in violation of this Article. This | 2 | | subsection becomes inoperative on July 1, 2013 and thereafter | 3 | | no longer applies. | 4 | | (d) During an election cycle, a political action committee | 5 | | may not accept contributions with an aggregate value over the | 6 | | following: (i) $10,000 from any individual, (ii) $20,000 from | 7 | | any corporation, labor organization, political party | 8 | | committee, or association, or (iii) $50,000 from a political | 9 | | action committee or candidate political committee. A political | 10 | | action committee may not accept contributions from a ballot | 11 | | initiative committee. | 12 | | (e) A ballot initiative committee or independent | 13 | | expenditure committee may accept contributions in any amount | 14 | | from any source, provided that the committee files the document | 15 | | required by Section 9-3 of this Article and files the | 16 | | disclosure reports required by the provisions of this Article . | 17 | | (f) Nothing in this Section shall prohibit a political | 18 | | committee from dividing the proceeds of joint fundraising | 19 | | efforts; provided that no political committee may receive more | 20 | | than the limit from any one contributor. | 21 | | (g) On January 1 of each odd-numbered year, the State Board | 22 | | of Elections shall adjust the amounts of the contribution | 23 | | limitations established in this Section for inflation as | 24 | | determined by the Consumer Price Index for All Urban Consumers | 25 | | as issued by the United States Department of Labor and rounded | 26 | | to the nearest $100. The State Board shall publish this |
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| 1 | | information on its official website. | 2 | | (h) Self-funding candidates. If a public official, a | 3 | | candidate, or the public official's or candidate's immediate | 4 | | family contributes or loans to the public official's or | 5 | | candidate's political committee or to other political | 6 | | committees that transfer funds to the public official's or | 7 | | candidate's political committee or makes independent | 8 | | expenditures for the benefit of the public official's or | 9 | | candidate's campaign during the 12 months prior to an election | 10 | | in an aggregate amount of more than (i) $250,000 for statewide | 11 | | office or (ii) $100,000 for all other elective offices, then | 12 | | the public official or candidate shall file with the State | 13 | | Board of Elections, within one day, a Notification of | 14 | | Self-funding that shall detail each contribution or loan made | 15 | | by the public official, the candidate, or the public official's | 16 | | or candidate's immediate family. Within 2 business days after | 17 | | the filing of a Notification of Self-funding, the notification | 18 | | shall be posted on the Board's website and the Board shall give | 19 | | official notice of the filing to each candidate for the same | 20 | | office as the public official or candidate making the filing, | 21 | | including the public official or candidate filing the | 22 | | Notification of Self-funding. Upon receiving notice from the | 23 | | Board, all candidates for that office, including the public | 24 | | official or candidate who filed a Notification of Self-funding, | 25 | | shall be permitted to accept contributions in excess of any | 26 | | contribution limits imposed by subsection (b). For the purposes |
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| 1 | | of this subsection, "immediate family" means the spouse, | 2 | | parent, or child of a public official or candidate. | 3 | | (h-5) If a natural person or independent expenditure | 4 | | committee makes independent expenditures for the benefit of the | 5 | | campaign of a particular public official or candidate in an | 6 | | aggregate amount of more than (i) $250,000 for statewide office | 7 | | or (ii) $100,000 for all other elective offices in an election | 8 | | cycle, as reported in a written disclosure filed under | 9 | | subsection (a) of Section 9-8.6 or subsection (e-5) of Section | 10 | | 9-10, then the State Board of Elections shall, within 2 | 11 | | business days after the filing of the disclosure, post the | 12 | | disclosure on the Board's website and give official notice of | 13 | | the disclosure to each candidate for the same office as the | 14 | | public official or candidate for whose benefit the natural | 15 | | person or independent expenditure committee made independent | 16 | | expenditures. Upon receiving notice from the Board, all | 17 | | candidates for that office in that election, including the | 18 | | public official or candidate for whose benefit the natural | 19 | | person or independent expenditure committee made independent | 20 | | expenditures, shall be permitted to accept contributions in | 21 | | excess of any contribution limits imposed by subsection (b). | 22 | | (i) For the purposes of this Section, a corporation, labor | 23 | | organization, association, or a political action committee | 24 | | established by a corporation, labor organization, or | 25 | | association may act as a conduit in facilitating the delivery | 26 | | to a political action committee of contributions made through |
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| 1 | | dues, levies, or similar assessments and the political action | 2 | | committee may report the contributions in the aggregate, | 3 | | provided that: (i) contributions made through the dues, levies, | 4 | | or similar assessments paid by any natural person, corporation, | 5 | | labor organization, or association in a calendar year may not | 6 | | exceed the limits set forth in this Section ; and (ii) the | 7 | | corporation, labor organization, association, or a political | 8 | | action committee established by a corporation, labor | 9 | | organization, or association facilitating the delivery of | 10 | | contributions maintains a list of natural persons, | 11 | | corporations, labor organizations, and associations that paid | 12 | | the dues, levies, or similar assessments from which the | 13 | | contributions comprising the aggregate amount derive ; and | 14 | | (iii) contributions made through dues, levies, or similar | 15 | | assessments paid by any natural person, corporation, labor | 16 | | organization, or association that exceed $500 in a quarterly | 17 | | reporting period shall be itemized on the committee's quarterly | 18 | | report and may not be reported in the aggregate . A political | 19 | | action committee facilitating the delivery of contributions or | 20 | | receiving contributions shall disclose the amount of | 21 | | contributions made through dues delivered or received and the | 22 | | name of the corporation, labor organization, association, or | 23 | | political action committee delivering the contributions, if | 24 | | applicable. On January 1 of each odd-numbered year, the State | 25 | | Board of Elections shall adjust the amounts of the contribution | 26 | | limitations established in this subsection for inflation as |
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| 1 | | determined by the Consumer Price Index for All Urban Consumers | 2 | | as issued by the United States Department of Labor and rounded | 3 | | to the nearest $100. The State Board shall publish this | 4 | | information on its official website. | 5 | | (j) A political committee that receives a contribution or | 6 | | transfer in violation of this Section shall dispose of the | 7 | | contribution or transfer by returning the contribution or | 8 | | transfer, or an amount equal to the contribution or transfer, | 9 | | to the contributor or transferor or donating the contribution | 10 | | or transfer, or an amount equal to the contribution or | 11 | | transfer, to a charity. A contribution or transfer received in | 12 | | violation of this Section that is not disposed of as provided | 13 | | in this subsection within 15 days after the political committee | 14 | | receives notification of the excess contribution from the Board | 15 | | its receipt shall escheat to the General Revenue Fund and the | 16 | | political committee shall be deemed in violation of this | 17 | | Section and subject to a civil penalty not to exceed 150% of | 18 | | the total amount of the contribution. | 19 | | (k) For the purposes of this Section, "statewide office" | 20 | | means the Governor, Lieutenant Governor, Attorney General, | 21 | | Secretary of State, Comptroller, and Treasurer. | 22 | | (l) This Section is repealed if and when the United States | 23 | | Supreme Court invalidates contribution limits on committees | 24 | | formed to assist candidates, political parties, corporations, | 25 | | associations, or labor organizations established by or | 26 | | pursuant to federal law.
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| 1 | | (Source: P.A. 96-832, eff. 1-1-11 .) | 2 | | (10 ILCS 5/9-8.6)
| 3 | | Sec. 9-8.6. Independent expenditures. | 4 | | (a) An independent expenditure is not considered a | 5 | | contribution to a political committee. An expenditure made by a | 6 | | natural person or political committee for an electioneering | 7 | | communication in connection, consultation, or concert with or | 8 | | at the request or suggestion of the public official or | 9 | | candidate, the public official's or candidate's candidate | 10 | | political committee, or the agent or agents of the public | 11 | | official, candidate, or political committee or campaign shall | 12 | | not be considered an independent expenditure but rather shall | 13 | | be considered a contribution to the public official's or | 14 | | candidate's candidate political committee. | 15 | | A natural person who makes an independent expenditure | 16 | | supporting or opposing a public official or candidate that, | 17 | | alone or in combination with any other independent expenditure | 18 | | made by that natural person supporting or opposing that public | 19 | | official or candidate during any 12-month period, equals an | 20 | | aggregate value of at least $3,000 must file a written | 21 | | disclosure with the State Board of Elections within 2 business | 22 | | days after making any expenditure that results in the natural | 23 | | person meeting or exceeding the $3,000 threshold. A natural | 24 | | person who makes an independent expenditure supporting or | 25 | | opposing a public official or candidate that, alone or in |
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| 1 | | combination with any other independent expenditure made by that | 2 | | natural person supporting or opposing that public official or | 3 | | candidate during the election cycle, equals an aggregate value | 4 | | of more than (i) $250,000 for statewide office or (ii) $100,000 | 5 | | for all other elective offices must file a written disclosure | 6 | | with the State Board of Elections within 2 business days after | 7 | | making any expenditure that results in the natural person | 8 | | exceeding the applicable threshold. Each disclosure must | 9 | | identify the natural person, the public official or candidate | 10 | | supported or opposed, the date, amount, and nature of each | 11 | | independent expenditure, and the natural person's occupation | 12 | | and employer. | 13 | | (b) Any entity other than a natural person that makes | 14 | | expenditures of any kind in an aggregate amount exceeding | 15 | | $3,000 during any 12-month period supporting or opposing a | 16 | | public official or candidate must organize as a political | 17 | | committee in accordance with this Article. | 18 | | (c) Every political committee that makes independent | 19 | | expenditures must report all such independent expenditures as | 20 | | required under Section 9-10 of this Article.
| 21 | | (Source: P.A. 96-832, eff. 7-1-10 .) | 22 | | (10 ILCS 5/9-10) (from Ch. 46, par. 9-10)
| 23 | | Sec. 9-10. Disclosure of contributions and expenditures.
| 24 | | (a) The treasurer of every political committee shall file | 25 | | with the
Board reports of campaign contributions and |
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| 1 | | expenditures as required by this Section on forms to be
| 2 | | prescribed or approved by the Board.
| 3 | | (b) Every political committee shall file quarterly reports | 4 | | of campaign contributions, expenditures, and independent | 5 | | expenditures. The reports shall cover the period January 1 | 6 | | through March 31, April 1 through June 30, July 1 through | 7 | | September 30, and October 1 through December 31 of each year. A | 8 | | political committee shall file quarterly reports no later than | 9 | | the 15th day of the month following each period. Reports of | 10 | | contributions and expenditures must be filed to cover the | 11 | | prescribed time periods even though no contributions or | 12 | | expenditures may have been received or made during the period. | 13 | | The Board shall assess a civil penalty not to exceed $5,000 for | 14 | | failure to file a report required by this subsection. The fine, | 15 | | however, shall not exceed $1,000 for a first violation if the | 16 | | committee files less than 10 days after the deadline. There | 17 | | shall be no fine if the report is mailed and postmarked at | 18 | | least 72 hours prior to the filing deadline. When considering | 19 | | the amount of the fine to be imposed, the Board shall consider | 20 | | whether the violation was committed inadvertently, | 21 | | negligently, knowingly, or intentionally and any past | 22 | | violations of this Section. | 23 | | (c) A political committee shall file a report of any | 24 | | contribution of $1,000 or more electronically with the Board | 25 | | within 5 business days after receipt of the contribution, | 26 | | except that the report shall be filed within 2 business days |
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| 1 | | after receipt if (i) the contribution is received 30 or fewer | 2 | | days before the date of an election and (ii) the political | 3 | | committee supports or opposes a candidate or public question on | 4 | | the ballot at that election or makes expenditures in excess of | 5 | | $500 on behalf of or in opposition to a candidate, candidates, | 6 | | a public question, or public questions on the ballot at that | 7 | | election.
The State Board shall allow filings of reports of | 8 | | contributions of $1,000 or more by political committees that | 9 | | are not required to file electronically to be made by facsimile | 10 | | transmission. The Board shall assess a civil penalty for | 11 | | failure to file a report required by this subsection. Failure | 12 | | to report each contribution is a separate violation of this | 13 | | subsection. The Board shall impose fines for willful or wanton | 14 | | violations of this subsection (c) not to exceed 150% of the | 15 | | total amount of the contributions that were untimely reported, | 16 | | but in no case shall it be less than 10% of the total amount of | 17 | | the contributions that were untimely reported. When | 18 | | considering the amount of the fine to be imposed for willful or | 19 | | wanton violations, the Board shall consider the number of days | 20 | | the contribution was reported late and past violations of this | 21 | | Section and Section 9-3. The Board may impose a fine for | 22 | | negligent or inadvertent violations of this subsection not to | 23 | | exceed 50% of the total amount of the contributions that were | 24 | | untimely reported, or the Board may waive the fine. When | 25 | | considering whether to impose a fine and the amount of the | 26 | | fine, the Board shall consider the following factors: (1) |
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| 1 | | whether the political committee made an attempt to disclose the | 2 | | contribution and any attempts made to correct the violation, | 3 | | (2) whether the violation is attributed to a clerical or | 4 | | computer error, (3) the amount of the contribution, (4) whether | 5 | | the violation arose from a discrepancy between the date the | 6 | | contribution was reported transferred by a political committee | 7 | | and the date the contribution was received by a political | 8 | | committee, (5) the number of days the contribution was reported | 9 | | late, and (6) past violations of this Section and Section 9-3 | 10 | | by the political committee. | 11 | | (d) For the purpose of this Section, a contribution is | 12 | | considered received on the date (i) a monetary contribution was | 13 | | deposited in a bank, financial institution, or other repository | 14 | | of funds for the committee, (ii) the date a committee receives | 15 | | notice a monetary contribution was deposited by an entity used | 16 | | to process financial transactions by credit card or other | 17 | | entity used for processing a monetary contribution that was | 18 | | deposited in a bank, financial institution, or other repository | 19 | | of funds for the committee, or (iii) the public official, | 20 | | candidate, or political committee receives the notification of | 21 | | contribution of goods or services as required under subsection | 22 | | (b) of Section 9-6. | 23 | | (e) A political committee that makes independent | 24 | | expenditures of $1,000 or more during the period 30 days or | 25 | | fewer before an election shall electronically file a report | 26 | | with the Board within 5 business days after making the |
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| 1 | | independent expenditure. The report shall contain the | 2 | | information required in Section 9-11(c) of this Article.
| 3 | | (e-5) An independent expenditure committee that makes an | 4 | | independent expenditure supporting or opposing a public | 5 | | official or candidate that, alone or in combination with any | 6 | | other independent expenditure made by that independent | 7 | | expenditure committee supporting or opposing that public | 8 | | official or candidate during the election cycle, equals an | 9 | | aggregate value of more than (i) $250,000 for statewide office | 10 | | or (ii) $100,000 for all other elective offices must file a | 11 | | written disclosure with the State Board of Elections within 2 | 12 | | business days after making any expenditure that results in the | 13 | | independent expenditure committee exceeding the applicable | 14 | | threshold.
| 15 | | (f) A copy of each report or statement filed under this | 16 | | Article
shall be
preserved by the person filing it for a period | 17 | | of two years from the
date of filing.
| 18 | | (Source: P.A. 95-6, eff. 6-20-07; 95-957, eff. 1-1-09; 96-832, | 19 | | eff. 1-1-11 .)
| 20 | | (10 ILCS 5/9-15) (from Ch. 46, par. 9-15) | 21 | | Sec. 9-15. It shall be the duty of the Board- | 22 | | (1) to develop prescribed forms for filing statements | 23 | | of organization and required reports; | 24 | | (2) to prepare, publish, and furnish to the appropriate | 25 | | persons a manual of instructions setting forth recommended
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| 1 | | uniform methods of bookkeeping and reporting under this | 2 | | Article; | 3 | | (3) to prescribe suitable rules and regulations to | 4 | | carry out the
provisions of this Article. Such rules and | 5 | | regulations shall be published
and made available to the | 6 | | public; | 7 | | (4) to send by first class mail, after the general | 8 | | primary election in
even numbered years, to the chairman of | 9 | | each regularly constituted
State central committee, county | 10 | | central committee and, in counties with a
population of | 11 | | more than 3,000,000, to the committeemen of each township | 12 | | and
ward organization of each political party notice of | 13 | | their obligations under
this Article, along with a form for | 14 | | filing the statement of organization; | 15 | | (5) to promptly make all reports and statements filed | 16 | | under this Article available for public inspection and | 17 | | copying no later than 2 business days after their receipt | 18 | | and to permit copying of any such report or statement at | 19 | | the expense of the person requesting the copy; | 20 | | (6) to develop a filing, coding, and cross-indexing | 21 | | system consistent with the purposes of this Article; | 22 | | (7) to compile and maintain a list of all statements or | 23 | | parts of statements pertaining to each candidate; | 24 | | (8) to prepare and publish such reports as the Board | 25 | | may deem appropriate; and | 26 | | (9) to annually notify each political committee that |
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| 1 | | has filed a statement of organization with the Board of the | 2 | | filing dates for each quarterly report, provided that such | 3 | | notification shall be made by first-class mail unless the | 4 | | political committee opts to receive notification | 5 | | electronically via email ; and . | 6 | | (10) to promptly send, by certified mail directed only | 7 | | to the officers of a political committee, written notice of | 8 | | any fine or penalty assessed or imposed against the | 9 | | political committee under this Article. | 10 | | (Source: P.A. 96-1263, eff. 1-1-11.) | 11 | | (10 ILCS 5/17-9) (from Ch. 46, par. 17-9)
| 12 | | Sec. 17-9. Any person desiring to vote shall give his name | 13 | | and, if
required to do so, his residence to the judges of | 14 | | election, one of whom
shall thereupon announce the same in a | 15 | | loud and distinct tone of voice,
clear, and audible; the judges | 16 | | of elections shall check each application
for ballot against | 17 | | the list of voters registered in that precinct to
whom grace | 18 | | period, absentee,
or early
ballots have been issued for that | 19 | | election, which shall be
provided by the election authority and | 20 | | which list shall be available for
inspection by pollwatchers. A | 21 | | voter applying to vote in the
precinct on election day whose | 22 | | name appears on the list as having
been issued a grace period, | 23 | | absentee,
or early
ballot shall not be permitted to vote in the
| 24 | | precinct, except that a voter to whom an absentee ballot was | 25 | | issued may vote in the precinct if the voter submits to the |
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| 1 | | election judges that absentee ballot for cancellation. If the | 2 | | voter is unable to submit the absentee ballot, it shall be | 3 | | sufficient for the voter to submit to the election judges (i) a | 4 | | portion of the absentee ballot if the absentee ballot was torn | 5 | | or mutilated or (ii) an affidavit executed before the election | 6 | | judges specifying that (A) the voter never received an absentee | 7 | | ballot , or (B) the voter completed and returned an absentee | 8 | | ballot and was informed that the election authority did not | 9 | | receive that absentee ballot , or (C) the voter received the | 10 | | absentee ballot but did not return the absentee ballot to the | 11 | | election authority . All applicable provisions of Articles
4, 5 | 12 | | or 6 shall be complied with and if such name is found on the | 13 | | register of
voters by the
officer having charge thereof, he | 14 | | shall likewise repeat said name, and
the voter shall be allowed | 15 | | to enter within the proximity of the voting
booths, as above | 16 | | provided. One of the judges shall give the voter one,
and only | 17 | | one of each ballot to be voted at the election, on the back of
| 18 | | which ballots such judge shall indorse his initials in such | 19 | | manner that
they may be seen when each such ballot is properly | 20 | | folded, and the
voter's name shall be immediately checked on | 21 | | the register list. In those
election jurisdictions where | 22 | | perforated ballot cards are utilized of the
type on which | 23 | | write-in votes can be cast above the perforation, the election
| 24 | | authority shall provide a space both above and below the | 25 | | perforation for
the judge's initials, and the judge shall | 26 | | endorse his or her initials in
both spaces. Whenever
a proposal |
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| 1 | | for a constitutional amendment or for the calling of a
| 2 | | constitutional convention is to be voted upon at the election, | 3 | | the
separate blue ballot or ballots pertaining thereto shall, | 4 | | when being
handed to the voter, be placed on top of the other | 5 | | ballots to be voted
at the election in such manner that the | 6 | | legend appearing on the back
thereof, as prescribed in Section | 7 | | 16-6 of this Act, shall be plainly
visible to the voter. At all | 8 | | elections, when a registry may be
required, if the name of any | 9 | | person so desiring to vote at such election
is not found on the | 10 | | register of voters, he or she shall not receive a ballot
until | 11 | | he or she shall have complied with the law prescribing the | 12 | | manner and
conditions of voting by unregistered voters. If any | 13 | | person desiring to
vote at any election shall be challenged, he | 14 | | or she shall not receive a ballot
until he or she shall have | 15 | | established his right to vote in the manner provided
| 16 | | hereinafter; and if he or she shall be challenged after he has | 17 | | received his
ballot, he shall not be permitted to vote until he | 18 | | or she has fully complied
with such requirements of the law | 19 | | upon being challenged. Besides the
election officer, not more | 20 | | than 2 voters in excess of the whole number
of voting booths | 21 | | provided shall be allowed within the proximity of the voting
| 22 | | booths at one
time. The provisions of this Act, so far as they | 23 | | require the
registration of voters as a condition to their | 24 | | being allowed to vote
shall not apply to persons otherwise | 25 | | entitled to vote, who are, at the
time of the election, or at | 26 | | any time within 60 days prior to such
election have been |
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| 1 | | engaged in the military or naval service of the
United States, | 2 | | and who appear personally at the polling place on
election day | 3 | | and produce to the judges of election satisfactory evidence
| 4 | | thereof, but such persons, if otherwise qualified to vote, | 5 | | shall be
permitted to vote at such election without previous | 6 | | registration.
| 7 | | All such persons shall also make an affidavit which shall | 8 | | be in
substantially the following form:
| 9 | | State of Illinois,)
| 10 | | ) ss.
| 11 | | County of ........)
| 12 | | ............... Precinct .......... Ward
| 13 | | I, ...., do solemnly swear (or affirm) that I am a citizen | 14 | | of the
United States, of the age of 18 years or over, and that | 15 | | within the past
60 days prior to the date of this election at | 16 | | which I am applying to
vote, I have been engaged in the .... | 17 | | (military or naval) service of the
United States; and I am | 18 | | qualified to vote under and by virtue of the
Constitution and | 19 | | laws of the State of Illinois, and that I am a legally
| 20 | | qualified voter of this precinct and ward except that I have, | 21 | | because of
such service, been unable to register as a voter; | 22 | | that I now reside at
.... (insert street and number, if any) in | 23 | | this precinct and ward; that I
have maintained a legal | 24 | | residence in this precinct and ward for 30 days
and in this | 25 | | State 30 days next preceding this election.
| 26 | | .........................
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| 1 | | Subscribed and sworn to before me on (insert date).
| 2 | | .........................
| 3 | | Judge of Election.
| 4 | | The affidavit of any such person shall be supported by the | 5 | | affidavit
of a resident and qualified voter of any such | 6 | | precinct and ward, which
affidavit shall be in substantially | 7 | | the following form:
| 8 | | State of Illinois,)
| 9 | | ) ss.
| 10 | | County of ........)
| 11 | | ........... Precinct ........... Ward
| 12 | | I, ...., do solemnly swear (or affirm), that I am a | 13 | | resident of this
precinct and ward and entitled to vote at this | 14 | | election; that I am
acquainted with .... (name of the | 15 | | applicant); that I verily believe him
to be an actual bona fide | 16 | | resident of this precinct and ward and that I
verily believe | 17 | | that he or she has maintained a legal residence therein 30 days
| 18 | | and in this State 30 days next preceding this election.
| 19 | | .........................
| 20 | | Subscribed and sworn to before me on (insert date).
| 21 | | .........................
| 22 | | Judge of Election.
| 23 | | All affidavits made under the provisions of this Section | 24 | | shall be
enclosed in a separate envelope securely sealed, and |
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| 1 | | shall be
transmitted with the returns of the elections to the | 2 | | county clerk or to
the board of election commissioners, who | 3 | | shall preserve the said
affidavits for the period of 6 months, | 4 | | during which period such
affidavits shall be deemed public | 5 | | records and shall be freely open to
examination as such.
| 6 | | (Source: P.A. 94-645, eff. 8-22-05; 94-1000, eff. 7-3-06.)
| 7 | | (10 ILCS 5/18A-5)
| 8 | | Sec. 18A-5. Provisional voting; general provisions.
| 9 | | (a) A person who claims to be a registered voter is | 10 | | entitled to cast a
provisional ballot under the following | 11 | | circumstances:
| 12 | | (1) The person's name does not appear on the official | 13 | | list of eligible
voters for the precinct in which
the | 14 | | person seeks to vote. The official list is the centralized | 15 | | statewide voter registration list established and | 16 | | maintained in accordance with Section 1A-25;
| 17 | | (2) The person's voting status has been challenged by | 18 | | an election judge, a
pollwatcher, or any legal voter and | 19 | | that challenge has been sustained by a
majority of the | 20 | | election judges;
| 21 | | (3) A federal or State court order extends the time for | 22 | | closing the polls
beyond the time period established by | 23 | | State law and the person votes during the
extended time | 24 | | period; or
| 25 | | (4) The voter registered to vote by mail and is |
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| 1 | | required by law to
present identification when voting | 2 | | either in person or by absentee ballot, but
fails to do so ; | 3 | | or .
| 4 | | (5) The voter's name appears on the list of voters who | 5 | | voted during the early voting period, but the voter claims | 6 | | not to have voted during the early voting period. | 7 | | (b) The procedure for obtaining and casting a provisional | 8 | | ballot at the
polling place
shall be as follows:
| 9 | | (1) After first verifying through an examination of the | 10 | | precinct register that the person's address is within the | 11 | | precinct boundaries, an election judge at the polling place | 12 | | shall notify a person who is
entitled to cast a provisional | 13 | | ballot pursuant to subsection (a)
that he or she may cast a | 14 | | provisional ballot in that election.
An election judge
must | 15 | | accept any information provided by a person who casts a | 16 | | provisional ballot
that the person believes supports his or | 17 | | her claim that he or she is a duly
registered voter and | 18 | | qualified to vote in the election. However, if the person's | 19 | | residence address is outside the precinct boundaries, the | 20 | | election judge shall inform the person of that fact, give | 21 | | the person the appropriate telephone number of the election | 22 | | authority in order to locate the polling place assigned to | 23 | | serve that address, and instruct the person to go to the | 24 | | proper polling place to vote.
| 25 | | (2) The person shall execute a written form provided by | 26 | | the
election judge that shall state or contain all of the |
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| 1 | | following that is available:
| 2 | | (i) an affidavit stating the following:
| 3 | | State of Illinois, County of ................, | 4 | | Township
.............,
Precinct ........, Ward | 5 | | ........, I, ......................., do solemnly
| 6 | | swear (or affirm) that: I am a citizen of the United | 7 | | States; I am 18 years of
age or older; I have resided | 8 | | in this State and in this precinct for 30 days
| 9 | | preceding this election; I have not voted in this | 10 | | election; I am a duly
registered voter in every | 11 | | respect; and I am eligible to vote in this election.
| 12 | | Signature ...... Printed Name of Voter ....... Printed | 13 | | Residence
Address of Voter ...... City
...... State | 14 | | .... Zip Code ..... Telephone Number ...... Date of | 15 | | Birth .......
and Illinois Driver's License Number | 16 | | ....... or Last 4 digits of Social
Security
Number | 17 | | ...... or State Identification Card
Number issued to | 18 | | you by the Illinois Secretary of State........
| 19 | | (ii) A box for the election judge to check one of the 3 | 20 | | reasons why the
person was given a provisional ballot under | 21 | | subsection (a) of Section 18A-5.
| 22 | | (iii) An area for the election judge to affix his or | 23 | | her signature and to
set forth any facts that support or | 24 | | oppose the allegation that the person is
not qualified to | 25 | | vote in the precinct in which the person is seeking to | 26 | | vote.
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| 1 | | The written affidavit form described in this subsection | 2 | | (b)(2) must be
printed on a multi-part form prescribed by the | 3 | | county clerk or board of
election commissioners, as the case | 4 | | may be.
| 5 | | (3) After the person executes the portion of the written | 6 | | affidavit described
in subsection (b)(2)(i) of this Section, | 7 | | the election judge shall complete the
portion of the written | 8 | | affidavit described in subsection (b)(2)(iii) and
(b)(2)(iv).
| 9 | | (4) The election judge shall give a copy of the completed | 10 | | written affidavit
to the person. The election judge shall place | 11 | | the original written affidavit in
a self-adhesive clear plastic | 12 | | packing list envelope that must be attached to a
separate | 13 | | envelope marked as a "provisional ballot envelope". The | 14 | | election judge
shall also place any information provided by the | 15 | | person who casts a provisional
ballot in the clear plastic | 16 | | packing list envelope. Each county clerk or board
of election | 17 | | commissioners, as the case may be,
must design, obtain or | 18 | | procure self-adhesive clear plastic packing list
envelopes and | 19 | | provisional ballot envelopes that are suitable for | 20 | | implementing
this subsection (b)(4) of this Section.
| 21 | | (5) The election judge shall provide the person with a | 22 | | provisional ballot,
written instructions for casting a | 23 | | provisional ballot, and the provisional
ballot envelope with | 24 | | the clear plastic packing list envelope affixed to it,
which | 25 | | contains the person's original written affidavit and, if any, | 26 | | information
provided by the provisional voter to support his or |
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| 1 | | her claim that he or she is
a duly registered voter. An | 2 | | election judge must also give the person written
information | 3 | | that states that any person who casts a provisional ballot | 4 | | shall be
able to ascertain, pursuant to guidelines established | 5 | | by the State Board of
Elections, whether the provisional vote | 6 | | was counted in the official canvass of
votes for that election | 7 | | and, if the provisional vote was not counted, the
reason that | 8 | | the vote was not counted.
| 9 | | (6) After the person has completed marking his or her | 10 | | provisional ballot, he
or she shall place the marked ballot | 11 | | inside of the provisional ballot envelope,
close and seal the | 12 | | envelope, and return the envelope to an election judge, who
| 13 | | shall then deposit the sealed provisional ballot envelope into | 14 | | a securable
container separately identified and utilized for | 15 | | containing sealed provisional
ballot envelopes. Ballots that | 16 | | are provisional because they are cast after 7:00 p.m. by court
| 17 | | order shall be kept separate from other provisional ballots. | 18 | | Upon the closing of the polls, the securable container shall
be
| 19 | | sealed with filament tape provided for that purpose, which | 20 | | shall be wrapped
around the box lengthwise and crosswise, at | 21 | | least twice each way, and each of
the election judges shall | 22 | | sign the seal.
| 23 | | (c) Instead of the affidavit form described in subsection | 24 | | (b), the county
clerk or board of election commissioners, as | 25 | | the case may be, may design and
use a multi-part affidavit form | 26 | | that is imprinted upon or attached to the
provisional ballot |
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| 1 | | envelope described in subsection (b). If a county clerk or
| 2 | | board of election commissioners elects to design and use its | 3 | | own multi-part
affidavit form, then the county clerk or board | 4 | | of election commissioners shall
establish a mechanism for | 5 | | accepting any information the provisional voter has
supplied to | 6 | | the election judge to support his or her claim that he or she | 7 | | is a
duly registered voter. In all other respects, a county | 8 | | clerk or board of
election commissioners shall establish | 9 | | procedures consistent with subsection
(b).
| 10 | | (d) The county clerk or board of election commissioners, as | 11 | | the case may be,
shall use the completed affidavit form | 12 | | described in subsection (b) to update
the person's voter | 13 | | registration information in the State voter registration
| 14 | | database and voter registration database of the county clerk or | 15 | | board of
election commissioners, as the case may be. If a | 16 | | person is later determined not
to be a registered voter based | 17 | | on Section 18A-15 of this Code, then the
affidavit shall be | 18 | | processed by the county clerk or board of election
| 19 | | commissioners, as the case may be, as a voter registration | 20 | | application.
| 21 | | (Source: P.A. 93-574, eff. 8-21-03; 93-1071, eff. 1-18-05; | 22 | | 94-645, eff. 8-22-05.)
| 23 | | (10 ILCS 5/19-2.1) (from Ch. 46, par. 19-2.1) | 24 | | Sec. 19-2.1. At the consolidated primary, general primary,
| 25 | | consolidated, and general elections, electors entitled
to vote
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| 1 | | by absentee ballot under the provisions of Section 19-1
may | 2 | | vote in person at the office of the municipal clerk, if the | 3 | | elector
is a resident of a municipality not having a board of | 4 | | election commissioners,
or at the office of the township clerk | 5 | | or, in counties not under township
organization, at the office | 6 | | of the road district clerk if the elector is
not a resident of | 7 | | a municipality; provided, in each case that the municipal,
| 8 | | township or road district clerk, as the case may be, is | 9 | | authorized to conduct
in-person absentee voting pursuant to | 10 | | this Section. Absentee voting in such
municipal and township | 11 | | clerk's offices under this Section shall be
conducted from the | 12 | | 22nd day through the day before the election. | 13 | | Municipal and township clerks (or road district clerks) who | 14 | | have regularly
scheduled working hours at regularly designated | 15 | | offices other than a place
of residence and whose offices are | 16 | | open for business during the same hours
as the office of the | 17 | | election authority shall conduct in-person absentee
voting for | 18 | | said elections. Municipal and township clerks (or road district
| 19 | | clerks) who have no regularly scheduled working hours but who | 20 | | have regularly
designated offices other than a place of | 21 | | residence shall conduct in-person
absentee voting for said | 22 | | elections during the hours of 8:30 a.m. to 4:30
p.m. or 9:00 | 23 | | a.m. to 5:00 p.m., weekdays, and 9:00 a.m. to 12:00
noon on | 24 | | Saturdays, but not during such hours as the office of the | 25 | | election
authority is closed, unless the clerk files a written | 26 | | waiver with the
election authority not later than July 1 of |
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| 1 | | each year stating that he or
she is unable to conduct such | 2 | | voting and the reasons therefor. Such clerks
who conduct | 3 | | in-person absentee voting may extend their hours for that
| 4 | | purpose to include any hours in which the election authority's | 5 | | office is
open. Municipal and township clerks (or
road district | 6 | | clerks) who have no regularly scheduled office hours and no
| 7 | | regularly designated offices other than a place of residence | 8 | | may not conduct
in-person absentee voting for said elections. | 9 | | The election authority may
devise alternative methods for | 10 | | in-person absentee voting before said elections
for those | 11 | | precincts located within the territorial area of a municipality
| 12 | | or township (or road district) wherein the clerk of such | 13 | | municipality or
township (or road district) has waived or is | 14 | | not entitled to conduct such
voting.
In addition, electors may | 15 | | vote by absentee ballot under the provisions of
Section 19-1 at | 16 | | the office of the election authority having jurisdiction
over | 17 | | their residence. Unless specifically authorized by the | 18 | | election authority, municipal,
township, and road district | 19 | | clerks shall not conduct in-person absentee
voting. No less | 20 | | than 45 days
before the date of an election, the election | 21 | | authority shall notify the
municipal, township, and road | 22 | | district clerks within its jurisdiction if
they are to conduct | 23 | | in-person absentee voting. Election authorities, however, may | 24 | | conduct in-person absentee voting in one or more designated
| 25 | | appropriate public buildings from the fourth
day before the | 26 | | election through
the day before the election.
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| 1 | | In conducting in-person absentee voting under this | 2 | | Section, the respective
clerks shall be required to verify the | 3 | | signature of the absentee
voter by comparison with the | 4 | | signature on the official registration
record card. The clerk | 5 | | also shall reasonably ascertain the identity
of such applicant, | 6 | | shall verify that each such applicant is a registered
voter, | 7 | | and shall verify the precinct in which he or she is registered
| 8 | | and the proper ballots of the political subdivisions in which | 9 | | the
applicant resides and is entitled to vote, prior to | 10 | | providing any
absentee ballot to such applicant. The clerk | 11 | | shall verify the
applicant's registration and from the most | 12 | | recent poll list provided by
the county clerk, and if the | 13 | | applicant is not listed on that poll list
then by telephoning | 14 | | the office of the county clerk. | 15 | | Absentee voting procedures in the office of the municipal, | 16 | | township
and road district clerks shall be subject to all of | 17 | | the applicable
provisions of this Article 19.
Pollwatchers may | 18 | | be appointed to observe in-person absentee voting
procedures | 19 | | and view all reasonably requested records relating to the | 20 | | conduct of the election, provided the secrecy of the ballot is | 21 | | not impinged, at the office of the municipal, township or road | 22 | | district
clerks' offices where such absentee voting is | 23 | | conducted. Such pollwatchers
shall qualify and be appointed in | 24 | | the same manner as provided in Sections
7-34 and 17-23, except | 25 | | each candidate, political party or
organization of citizens may | 26 | | appoint only one pollwatcher for each location
where in-person |
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| 1 | | absentee voting is conducted. Pollwatchers must
be registered | 2 | | to vote in Illinois and possess
valid pollwatcher credentials.
| 3 | | All requirements in this Article
applicable to election | 4 | | authorities shall apply to the respective local
clerks, except | 5 | | where inconsistent with this Section. | 6 | | The sealed absentee ballots in their carrier envelope shall | 7 | | be
delivered by the respective clerks, or by the election | 8 | | authority on behalf of
a clerk if the clerk and the election
| 9 | | authority agree, to the election authority's central ballot | 10 | | counting location
before the close of the polls on the day of | 11 | | the general primary,
consolidated primary, consolidated, or | 12 | | general election. | 13 | | Not more than 23 days before the general and consolidated
| 14 | | elections, the county clerk shall make available to those
| 15 | | municipal, township and road district clerks conducting | 16 | | in-person absentee
voting within such county, a sufficient
| 17 | | number of applications, absentee ballots, envelopes, and | 18 | | printed voting
instruction slips for use by absentee voters in | 19 | | the offices of such
clerks. The respective clerks shall receipt | 20 | | for all ballots received,
shall return all unused or spoiled | 21 | | ballots to the county clerk on the
day of the election and | 22 | | shall strictly account for all ballots received. | 23 | | The ballots delivered to the respective clerks shall | 24 | | include absentee
ballots for each precinct in the municipality, | 25 | | township or road
district, or shall include such separate | 26 | | ballots for each political
subdivision conducting an election |
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| 1 | | of officers or a referendum on that
election day as will permit | 2 | | any resident of the municipality, township
or road district to | 3 | | vote absentee in the office of the proper clerk. | 4 | | The clerks of all municipalities, townships and road | 5 | | districts may
distribute applications for absentee ballot for | 6 | | the use of voters who
wish to mail such applications to the | 7 | | appropriate election authority. Any person may produce, | 8 | | reproduce, distribute, or return to an election authority the | 9 | | application for absentee ballot. Upon receipt, the appropriate | 10 | | election authority shall accept and promptly process any | 11 | | application for absentee ballot.
| 12 | | (Source: P.A. 96-1008, eff. 7-6-10.) | 13 | | (10 ILCS 5/19-3) (from Ch. 46, par. 19-3) | 14 | | Sec. 19-3. The
application for absentee ballot shall be | 15 | | substantially in the
following form: | 16 | | APPLICATION FOR ABSENTEE BALLOT | 17 | | To be voted at the .... election in the County of .... and | 18 | | State of
Illinois, in the .... precinct of the (1) *township of | 19 | | .... (2) *City of
.... or (3) *.... ward in the City of .... | 20 | | I state that I am a resident of the .... precinct of the | 21 | | (1)
*township of .... (2) *City of .... or (3) *.... ward in | 22 | | the city of
.... residing at .... in such city or town in the | 23 | | county of .... and
State of Illinois; that I have lived at such | 24 | | address for .... month(s)
last past; that I am lawfully | 25 | | entitled to vote in such precinct at the
.... election to be |
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| 1 | | held therein on ....; and that I wish to vote by absentee | 2 | | ballot. | 3 | | I hereby make application for an official ballot or ballots | 4 | | to be
voted by me at such election, and I agree that I shall | 5 | | return such ballot or ballots to the
official issuing the same | 6 | | prior to the closing of the polls on the date
of the election | 7 | | or, if returned by mail, postmarked no later than midnight | 8 | | preceding election day, for counting no later than during the | 9 | | period for counting provisional ballots, the last day of which | 10 | | is the 14th day following election day. | 11 | | I understand that I must return or mail my absentee ballot | 12 | | personally and that I am not allowed to give the absentee | 13 | | ballot to anyone for delivery or mailing except a family member | 14 | | with an affidavit. I understand that should I choose to mail my | 15 | | application or my absentee ballot I will need to provide | 16 | | postage. I understand that allowing anyone to observe me vote | 17 | | or to provide the ballot to any other person to vote for me is | 18 | | illegal. I understand that by receiving an absentee ballot and | 19 | | voting it I am unable to vote on election day and that I cannot | 20 | | vote in any other election jurisdiction this election. I | 21 | | understand that if I apply for an absentee ballot and do not | 22 | | vote it, I will have to complete a provisional voting affidavit | 23 | | if I want to vote on election day. I understand that this | 24 | | application is made for an official absentee ballot or ballots | 25 | | to be voted by me at the election specified in this application | 26 | | and that I must submit a separate application for an official |
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| 1 | | absentee ballot or ballots to be voted by me at any subsequent | 2 | | election. | 3 | | Under penalties as provided by law pursuant to Section | 4 | | 29-10 of The
Election Code, the undersigned certifies that the | 5 | | statements set forth
in this application are true and correct. | 6 | | .... | 7 | | *fill in either (1), (2) or (3). | 8 | | Post office address to which ballot is mailed: | 9 | | ............... | 10 | | However, if application is made for a primary election | 11 | | ballot, such
application shall require the applicant to | 12 | | designate the name of the political party with which
the | 13 | | applicant is affiliated. | 14 | | Any person may produce, reproduce, distribute, or return to | 15 | | an election authority the application for absentee ballot. Upon | 16 | | receipt, the appropriate election authority shall accept and | 17 | | promptly process any application for absentee ballot submitted | 18 | | in a form substantially similar to that required by this | 19 | | Section, including any substantially similar production or | 20 | | reproduction generated by the applicant . | 21 | | (Source: P.A. 95-440, eff. 8-27-07; 96-312, eff. 1-1-10; | 22 | | 96-553, eff. 8-17-09; 96-1000, eff. 7-2-10; 96-1008, eff. | 23 | | 7-6-10.) | 24 | | (10 ILCS 5/19A-15)
| 25 | | Sec. 19A-15. Period for early voting; hours.
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| 1 | | (a) The period for early voting by personal appearance | 2 | | begins the 15th 22nd day preceding a general primary, | 3 | | consolidated primary, consolidated, or
general election and | 4 | | extends through the 3rd 5th day before election day.
| 5 | | (b) A permanent polling place for early voting must remain | 6 | | open during the
hours of 8:30 a.m. to 4:30 p.m., or 9:00 a.m. | 7 | | to 5:00 p.m., on weekdays and
9:00 a.m. to 12:00 p.m. on | 8 | | Saturdays, Sundays, and holidays; except that, in addition to | 9 | | the hours required by this subsection, a permanent early voting | 10 | | polling place designated by an election authority under | 11 | | subsection (c) of Section 19A-10 must remain open for a total | 12 | | of at least 8 hours on any holiday during the early voting | 13 | | period and a total of at least 14 hours on the final weekend | 14 | | during the early voting period.
| 15 | | (c) Notwithstanding subsections (a) and (b), an election | 16 | | authority may close an early voting polling place if the | 17 | | building in which the polling place is located has been closed | 18 | | by the State or unit of local government in response to a | 19 | | severe weather emergency. In the event of a closure, the | 20 | | election authority shall conduct early voting on the 2nd day | 21 | | before election day from 8:30 a.m. to 4:30 p.m. or 9:00 a.m. to | 22 | | 5:00 p.m. The election authority shall notify the State Board | 23 | | of Elections of any closure and shall make reasonable efforts | 24 | | to provide notice to the public of the extended early voting | 25 | | period. | 26 | | (Source: P.A. 96-637, eff. 1-1-10; 97-81, eff. 7-5-11.)
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| 1 | | Section 99. Effective date. This Act takes effect July 1, | 2 | | 2012.".
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