Full Text of SB3137 096th General Assembly
SB3137 96TH GENERAL ASSEMBLY
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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 SB3137
Introduced 2/9/2010, by Sen. M. Maggie Crotty SYNOPSIS AS INTRODUCED: |
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Amends the Election Code. Eliminates or changes various duties of election authorities and election judges and officials with respect to: applications and hearings for cancelation or restoration of voter registrations; voter registration reports from boards of registry and election judges; registrations of deceased voters; affidavits by election-day voters issued absentee ballots; verification of an in-person absentee voter's identity (now, signature); in-precinct processing and counting of ballots, including the handling of ballots illegally inserted into ballot boxes; and the processing and counting of early and absentee ballots. Makes other changes.
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A BILL FOR
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SB3137 |
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LRB096 20053 JAM 35564 b |
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| AN ACT concerning elections.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Election Code is amended by changing | 5 |
| Sections 17-9, 17-16, 17-18, 18-5, 18-9, 19-2.1, 19-5, 19-6, | 6 |
| 19-7, 19-8, 19-10, 19A-35, 19A-40, 19A-50, 20-7, 20-8, | 7 |
| 24B-10.1, and 24B-15.1 as follows: | 8 |
| (10 ILCS 5/17-9) (from Ch. 46, par. 17-9)
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| Sec. 17-9. Any person desiring to vote shall give his name | 10 |
| and, if
required to do so, his residence to the judges of | 11 |
| election, one of whom
shall thereupon announce the same in a | 12 |
| loud and distinct tone of voice,
clear, and audible; the judges | 13 |
| of elections shall check each application
for ballot against | 14 |
| the list of voters registered in that precinct to
whom grace | 15 |
| period, absentee,
or early
ballots have been issued for that | 16 |
| election, which shall be
provided by the election authority and | 17 |
| which list shall be available for
inspection by pollwatchers. A | 18 |
| voter applying to vote in the
precinct on election day whose | 19 |
| name appears on the list as having
been issued a grace period, | 20 |
| absentee,
or early
ballot shall not be permitted to vote in the
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| precinct, except that a voter to whom an absentee ballot was | 22 |
| issued may vote in the precinct if the voter submits to the | 23 |
| election judges that absentee ballot , or a portion of that |
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| absentee ballot if that absentee ballot was torn or mutilated, | 2 |
| for cancellation. If the voter is unable to submit the absentee | 3 |
| ballot, the voter shall vote a provisional ballot in accordance | 4 |
| with Article 18A it shall be sufficient for the voter to | 5 |
| submit to the election judges (i) a portion of the absentee | 6 |
| ballot if the absentee ballot was torn or mutilated or (ii) an | 7 |
| affidavit executed before the election judges specifying that | 8 |
| (A) the voter never received an absentee ballot or (B) the | 9 |
| voter completed and returned an absentee ballot and was | 10 |
| informed that the election authority did not receive that | 11 |
| absentee ballot. All applicable provisions of Articles
4, 5 or | 12 |
| 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. In election jurisdictions using paper ballots, one | 17 |
| One of the judges shall give the voter one,
and only one of | 18 |
| each ballot to be voted at the election, on the back of
which | 19 |
| ballots such judge shall indorse his initials in such manner | 20 |
| that
they may be seen when each such ballot is properly | 21 |
| inserted into the ballot box folded , and the
voter's name shall | 22 |
| be immediately checked on the register list. In those
election | 23 |
| jurisdictions where perforated ballot cards are utilized of the
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| type on which write-in votes can be cast above the perforation, | 25 |
| the election
authority shall provide a space both above and | 26 |
| below the perforation for
the judge's initials, and the judge |
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| shall endorse his or her initials in
both spaces. Whenever
a | 2 |
| proposal for a constitutional amendment or for the calling of a
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| constitutional convention is to be voted upon at the election, | 4 |
| the
separate blue ballot or ballots pertaining thereto shall, | 5 |
| when being
handed to the voter, be placed on top of the other | 6 |
| ballots to be voted
at the election in such manner that the | 7 |
| legend appearing on the back
thereof, as prescribed in Section | 8 |
| 16-6 of this Act, shall be plainly
visible to the voter. At all | 9 |
| elections, when a registry may be
required, if the name of any | 10 |
| person so desiring to vote at such election
is not found on the | 11 |
| register of voters, he or she shall not receive a ballot
until | 12 |
| he or she shall have complied with the law prescribing the | 13 |
| manner and
conditions of voting by unregistered voters. If any | 14 |
| person desiring to
vote at any election shall be challenged, he | 15 |
| or she shall not receive a ballot
until he or she shall have | 16 |
| established his right to vote in the manner provided
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| hereinafter; and if he or she shall be challenged after he has | 18 |
| received his
ballot, he shall not be permitted to vote until he | 19 |
| or she has fully complied
with such requirements of the law | 20 |
| upon being challenged. Besides the
election officer, not more | 21 |
| than 2 voters in excess of the whole number
of voting booths | 22 |
| provided shall be allowed within the proximity of the voting
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| booths at one
time. The provisions of this Act, so far as they | 24 |
| require the
registration of voters as a condition to their | 25 |
| being allowed to vote
shall not apply to persons otherwise | 26 |
| entitled to vote, who are, at the
time of the election, or at |
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| any time within 60 days prior to such
election have been | 2 |
| engaged in the military or naval service of the
United States, | 3 |
| and who appear personally at the polling place on
election day | 4 |
| and produce to the judges of election satisfactory evidence
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| thereof, but such persons, if otherwise qualified to vote, | 6 |
| shall be
permitted to vote at such election without previous | 7 |
| registration.
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| All such persons shall also make an affidavit which shall | 9 |
| be in
substantially the following form:
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| State of Illinois,)
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| ) ss.
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| County of ........)
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| ............... Precinct .......... Ward
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| I, ...., do solemnly swear (or affirm) that I am a citizen | 15 |
| of the
United States, of the age of 18 years or over, and that | 16 |
| within the past
60 days prior to the date of this election at | 17 |
| which I am applying to
vote, I have been engaged in the .... | 18 |
| (military or naval) service of the
United States; and I am | 19 |
| qualified to vote under and by virtue of the
Constitution and | 20 |
| laws of the State of Illinois, and that I am a legally
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| qualified voter of this precinct and ward except that I have, | 22 |
| because of
such service, been unable to register as a voter; | 23 |
| that I now reside at
.... (insert street and number, if any) in | 24 |
| this precinct and ward; that I
have maintained a legal | 25 |
| residence in this precinct and ward for 30 days
and in this | 26 |
| State 30 days next preceding this election.
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| .........................
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| Subscribed and sworn to before me on (insert date).
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| .........................
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| Judge of Election.
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| The affidavit of any such person shall be supported by the | 6 |
| affidavit
of a resident and qualified voter of any such | 7 |
| precinct and ward, which
affidavit shall be in substantially | 8 |
| the following form:
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| State of Illinois,)
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| ) ss.
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| County of ........)
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| ........... Precinct ........... Ward
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| I, ...., do solemnly swear (or affirm), that I am a | 14 |
| resident of this
precinct and ward and entitled to vote at this | 15 |
| election; that I am
acquainted with .... (name of the | 16 |
| applicant); that I verily believe him
to be an actual bona fide | 17 |
| resident of this precinct and ward and that I
verily believe | 18 |
| that he or she has maintained a legal residence therein 30 days
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| and in this State 30 days next preceding this election.
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| .........................
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| Subscribed and sworn to before me on (insert date).
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| .........................
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| Judge of Election.
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| All affidavits made under the provisions of this Section |
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| shall be
enclosed in a separate envelope securely sealed, and | 2 |
| shall be
transmitted with the returns of the elections to the | 3 |
| county clerk or to
the board of election commissioners, who | 4 |
| shall preserve the said
affidavits for the period of 6 months, | 5 |
| during which period such
affidavits shall be deemed public | 6 |
| records and shall be freely open to
examination as such.
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| (Source: P.A. 94-645, eff. 8-22-05; 94-1000, eff. 7-3-06.)
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| (10 ILCS 5/17-16) (from Ch. 46, par. 17-16)
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| Sec. 17-16.
If the voter marks more candidates than there | 10 |
| are persons
to be elected to an office, or if for any reason it | 11 |
| is impossible to
determine the voter's choice for any office to | 12 |
| be filled, his ballot
shall not be counted for such office, | 13 |
| provided that if the name of a
candidate appears in more than | 14 |
| one column on the ballot as authorized by
this Act, and a | 15 |
| ballot has been marked in his or her favor in more than one
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| column and the voter's intention is otherwise ascertainable, | 17 |
| the
candidate shall receive only one vote from such ballot and | 18 |
| the remaining
votes cast for him or her on such ballot shall | 19 |
| not be counted. No ballot
without the official endorsement | 20 |
| shall be deposited in the ballot box, and those ballots | 21 |
| determined to have been illegally inserted into a ballot box | 22 |
| shall not be counted.
and none but ballots provided in | 23 |
| accordance with the provisions of this
Act shall be counted. | 24 |
| Ballots not counted shall be marked "defective" on
the back | 25 |
| thereof, and ballots to which objection has been made by either
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| of the judges or challengers shall be marked "objected to" on | 2 |
| the back
thereof, and a memorandum signed by the judges stating | 3 |
| how it was
counted shall be written upon the back of each | 4 |
| ballot so marked, and all
ballots marked defective or objected | 5 |
| to shall be enclosed in an envelope
securely sealed and so | 6 |
| marked and endorsed as to clearly disclose its
contents. The | 7 |
| envelope to be used for enclosing ballots marked
"defective" or | 8 |
| "objected to" shall bear upon its face, in large type,
the | 9 |
| legend: "This envelope is for use after 7:00 P.M.
only." The | 10 |
| envelope to be used for enclosing ballots spoiled by voters
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| while attempting to vote shall bear upon its face, in large | 12 |
| type, the
legend: "This envelope is for use before 7:00 P.M.
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| only." All ballots not voted, and all that have been spoiled by | 14 |
| voters
while attempting to vote, shall be returned by the | 15 |
| judges of election to
the county clerk and a receipt taken | 16 |
| therefor, and shall be preserved 2
months; the county clerk | 17 |
| shall keep a record of the number of ballots
delivered for each | 18 |
| polling place, the name of the person to whom and the
time when | 19 |
| delivered, and he shall also enter upon such record the number
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| and character of ballots returned, with the time when and the | 21 |
| person by
whom they are returned.
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| (Source: P.A. 84-861.)
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| (10 ILCS 5/17-18) (from Ch. 46, par. 17-18)
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| Sec. 17-18.
Immediately upon closing the polls the judges | 25 |
| shall
proceed to canvass the votes polled. They shall first |
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| determine the count the whole
number of ballots in the box. If | 2 |
| 2 or more ballots are folded together
so as to appear to have | 3 |
| been cast by the same person, all of the ballots
so folded | 4 |
| together shall be marked and returned with the other ballots
in | 5 |
| the same conditions, as near as may be, in which they were | 6 |
| found when
first opened, but shall not be counted. If the | 7 |
| remaining ballots shall
be found to exceed the number of | 8 |
| applications for
ballot, then the the ballots shall be replaced | 9 |
| in the box, and the box closed and
well shaken and again opened | 10 |
| and one of the judges shall publicly draw
out so many ballots | 11 |
| unopened as shall be equal to such excess; and the
number of | 12 |
| the ballots agreeing with the poll lists, or being made to
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| agree. Such excess ballots shall be marked "Excess-Not Counted" | 14 |
| and
signed by a majority of the judges and shall be placed in | 15 |
| the "After
6:00 p.m. Defective Ballots Envelope". The number of | 16 |
| excess ballots
shall be noted in the remarks section of the | 17 |
| Certificate of Results.
"Excess" ballots shall not be counted | 18 |
| in the total of "defective"
ballots.
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| The judges shall then proceed to count and record the | 20 |
| votes; and
when the judges of election shall open and read the | 21 |
| ballots, 3 judges,
with at least one from each political party | 22 |
| from which the precinct
judges were chosen, shall carefully and | 23 |
| correctly mark down upon the
three tally sheets the vote each | 24 |
| candidate has received, in a separate
box prepared for that | 25 |
| purpose, with the name of such candidate at the
head of such | 26 |
| box, and the office designated by the votes such candidate
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| shall fill. Whenever a proposition is submitted to the electors | 2 |
| at the
same election, the ballots for or against such | 3 |
| proposition shall always
be canvassed, counted or tallied. The | 4 |
| votes shall be canvassed in the
room or place where the | 5 |
| election is held, and the judges shall not allow
the ballot | 6 |
| box, or any of the ballots, or the applications for ballot,
or | 7 |
| any of the tally sheets to be removed or carried away from such | 8 |
| room
or place, until the canvass of the vote is completed, and | 9 |
| the returns
carefully enveloped and sealed up as provided by | 10 |
| law.
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| Where voting machines or electronic voting systems are | 12 |
| used, the
provisions of this section may be modified as | 13 |
| required or authorized by
Article 24 or Article 24A, whichever | 14 |
| is applicable.
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| (Source: P.A. 83-333.)
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| (10 ILCS 5/18-5) (from Ch. 46, par. 18-5)
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| Sec. 18-5. Any person desiring to vote and whose name is | 18 |
| found upon
the register of voters by the person having charge | 19 |
| thereof, shall then
be questioned by one of the judges as to | 20 |
| his nativity, his term of
residence at present address, | 21 |
| precinct, State and United States, his
age, whether naturalized | 22 |
| and if so the date of naturalization papers and
court from | 23 |
| which secured, and he shall be asked to state his residence
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| when last previously registered and the date of the election | 25 |
| for which
he then registered. The judges of elections shall |
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| check each application
for ballot against the list of voters | 2 |
| registered in that precinct to whom
grace period, absentee, and | 3 |
| early ballots have been issued for that election, which shall
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| be provided
by the election authority and which list shall be | 5 |
| available for inspection
by pollwatchers. A voter applying to | 6 |
| vote in
the precinct on
election day whose name appears on the | 7 |
| list as having been issued a grace period, absentee,
or early | 8 |
| ballot shall not be permitted to vote in the precinct, except | 9 |
| that a voter to whom an absentee ballot was issued may vote in | 10 |
| the precinct if the voter submits to the election judges that | 11 |
| absentee ballot , or a portion of that absentee ballot if that | 12 |
| absentee ballot was torn or mutilated, for cancellation. If the | 13 |
| voter is unable to submit the absentee ballot, the voter shall | 14 |
| vote a provisional ballot in accordance with Article 18A it | 15 |
| shall be sufficient for the voter to submit to the election | 16 |
| judges (i) a portion of the absentee ballot if the absentee | 17 |
| ballot was torn or mutilated or (ii) an affidavit executed | 18 |
| before the election judges specifying that (A) the voter never | 19 |
| received an absentee ballot or (B) the voter completed and | 20 |
| returned an absentee ballot and was informed that the election | 21 |
| authority did not receive that absentee ballot.
If such person
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| so registered shall be challenged as disqualified, the party | 23 |
| challenging
shall assign his reasons therefor, and thereupon | 24 |
| one of the judges shall
administer to him an oath to answer | 25 |
| questions, and if he shall take the
oath he shall then be | 26 |
| questioned by the judge or judges touching such cause
of |
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| challenge, and touching any other cause of disqualification. | 2 |
| And he may
also be questioned by the person challenging him in | 3 |
| regard to his
qualifications and identity. But if a majority of | 4 |
| the judges are of the
opinion that he is the person so | 5 |
| registered and a qualified voter, his vote
shall then be | 6 |
| received accordingly. But if his vote be rejected by such
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| judges, such person may afterward produce and deliver an | 8 |
| affidavit to such
judges, subscribed and sworn to by him before | 9 |
| one of the judges, in which
it shall be stated how long he has | 10 |
| resided in such precinct, and state;
that he is a citizen of | 11 |
| the United States, and is a duly qualified voter in
such | 12 |
| precinct, and that he is the identical person so registered.
In | 13 |
| addition to such an affidavit, the person so challenged shall | 14 |
| provide
to the judges of election proof of residence by | 15 |
| producing 2 forms of
identification showing the person's | 16 |
| current residence address, provided
that such identification | 17 |
| may include a lease or contract for a residence and not more | 18 |
| than one piece of mail addressed to the person at his current | 19 |
| residence address and
postmarked not earlier than 30 days prior | 20 |
| to the date of the
election, or the person shall procure a | 21 |
| witness personally known to the
judges of election, and | 22 |
| resident in the precinct (or district), or who
shall be proved | 23 |
| by some legal voter of such precinct or district, known to
the | 24 |
| judges to be such, who shall take the oath following, viz:
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| I do solemnly swear (or affirm) that I am a resident of | 26 |
| this election
precinct (or district), and entitled to vote at |
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| this election, and that I
have been a resident of this State | 2 |
| for 30 days last past, and am well
acquainted with the person | 3 |
| whose vote is now offered; that he is an actual
and bona fide | 4 |
| resident of this election precinct (or district), and has
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| resided herein 30 days, and as I verily believe, in this State, | 6 |
| 30 days
next preceding this election.
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| The oath in each case may be administered by one of the | 8 |
| judges of
election, or by any officer, resident in the precinct | 9 |
| or district,
authorized by law to administer oaths. Also | 10 |
| supported by an affidavit by a
registered voter residing in | 11 |
| such precinct, stating his own residence, and
that he knows | 12 |
| such person; and that he does reside at the place mentioned
and | 13 |
| has resided in such precinct and state for the length of time | 14 |
| as stated
by such person, which shall be subscribed and sworn | 15 |
| to in the same way.
For purposes of this Section, the | 16 |
| submission of a photo identification issued by a college or | 17 |
| university, accompanied by either (i) a copy of the applicant's | 18 |
| contract or lease for a residence or (ii) one piece of mail | 19 |
| addressed to the person at his or her current residence address | 20 |
| and postmarked not earlier than 30 days prior to the date of | 21 |
| the election, shall be sufficient to establish proof of | 22 |
| residence. Whereupon the vote of such person shall be received, | 23 |
| and entered as other
votes. But such judges, having charge of | 24 |
| such registers, shall state in
their respective books the facts | 25 |
| in such case, and the affidavits, so
delivered to the judges, | 26 |
| shall be preserved and returned to the office of
the |
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| commissioners of election. Blank affidavits of the character | 2 |
| aforesaid
shall be sent out to the judges of all the precincts, | 3 |
| and the judges of
election shall furnish the same on demand and | 4 |
| administer the oaths without
criticism. Such oaths, if | 5 |
| administered by any other officer than such judge
of election, | 6 |
| shall not be received. Whenever a proposal for a
constitutional | 7 |
| amendment or for the calling of a constitutional convention
is | 8 |
| to be voted upon at the election, the separate blue ballot or | 9 |
| ballots
pertaining thereto shall be placed on top of the other | 10 |
| ballots to be voted
at the election in such manner that the | 11 |
| legend appearing on the back
thereof, as prescribed in Section | 12 |
| 16-6 of this Act, shall be plainly
visible to the voter, and in | 13 |
| this fashion the ballots shall be handed to
the voter by the | 14 |
| judge.
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| Immediately after voting, the voter shall be instructed | 16 |
| whether the voting equipment, if used, accepted or rejected the | 17 |
| ballot or identified the ballot as under-voted. A voter whose | 18 |
| ballot is identified as under-voted for a statewide | 19 |
| constitutional office may return to the voting booth and | 20 |
| complete the voting of that ballot. A voter whose ballot is not | 21 |
| accepted by the voting equipment may, upon surrendering the | 22 |
| ballot, request and vote another ballot. The voter's | 23 |
| surrendered ballot shall be initialed by the election judge and | 24 |
| handled as provided in the appropriate Article governing that | 25 |
| voting equipment. | 26 |
| The voter shall, upon quitting the voting booth, deliver to |
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| one of
the judges of election all of the ballots, properly | 2 |
| folded, which he
received. The judge of election to whom the | 3 |
| voter delivers his ballots
shall not accept the same unless all | 4 |
| of the ballots given to the voter
are returned by him. If a | 5 |
| voter delivers less than all of the ballots
given to him, the | 6 |
| judge to whom the same are offered shall advise him in
a voice | 7 |
| clearly audible to the other judges of election that the voter
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| must return the remainder of the ballots. The statement of the | 9 |
| judge to
the voter shall clearly express the fact that the | 10 |
| voter is not required
to vote such remaining ballots but that | 11 |
| whether or not he votes them he
must fold and deliver them to | 12 |
| the judge. In making such statement the
judge of election shall | 13 |
| not indicate by word, gesture or intonation of
voice that the | 14 |
| unreturned ballots shall be voted in any particular
manner. No | 15 |
| new voter shall be permitted to enter the voting booth of a
| 16 |
| voter who has failed to deliver the total number of ballots | 17 |
| received by
him until such voter has returned to the voting | 18 |
| booth pursuant to the
judge's request and again quit the booth | 19 |
| with all of the ballots
required to be returned by him. Upon | 20 |
| receipt of all such ballots the
judges of election shall enter | 21 |
| the name of the voter, and his number, as
above provided in | 22 |
| this Section, and the judge to whom the ballots are
delivered | 23 |
| shall immediately put the ballots into the ballot box. If any
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| voter who has failed to deliver all the ballots received by him | 25 |
| refuses
to return to the voting booth after being advised by | 26 |
| the judge of
election as herein provided, the judge shall |
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| inform the other judges of
such refusal, and thereupon the | 2 |
| ballot or ballots returned to the judge
shall be deposited in | 3 |
| the ballot box, the voter shall be permitted to
depart from the | 4 |
| polling place, and a new voter shall be permitted to
enter the | 5 |
| voting booth.
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| The judge of election who receives the ballot or ballots | 7 |
| from the
voter shall announce the residence and name of such | 8 |
| voter in a loud
voice. The judge shall put the ballot or | 9 |
| ballots received from the voter
into the ballot box in the | 10 |
| presence of the voter and the judges of
election, and in plain | 11 |
| view of the public. The judges having charge of
such registers | 12 |
| shall then, in a column prepared thereon, in the same
line of, | 13 |
| the name of the voter, mark "Voted" or the letter "V".
| 14 |
| No judge of election shall accept from any voter less than | 15 |
| the full
number of ballots received by such voter without first | 16 |
| advising the
voter in the manner above provided of the | 17 |
| necessity of returning all of
the ballots, nor shall any such | 18 |
| judge advise such voter in a manner
contrary to that which is | 19 |
| herein permitted, or in any other manner
violate the provisions | 20 |
| of this Section; provided, that the acceptance by
a judge of | 21 |
| election of less than the full number of ballots delivered to
a | 22 |
| voter who refuses to return to the voting booth after being | 23 |
| properly
advised by such judge shall not be a violation of this | 24 |
| Section.
| 25 |
| (Source: P.A. 95-699, eff. 11-9-07; 96-317, eff. 1-1-10.)
|
|
|
|
SB3137 |
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LRB096 20053 JAM 35564 b |
|
| 1 |
| (10 ILCS 5/18-9) (from Ch. 46, par. 18-9)
| 2 |
| Sec. 18-9.
The judges of election shall first count the | 3 |
| whole number
of ballots in the box. If the ballots shall be | 4 |
| found to exceed the
number of applications for ballot, then the | 5 |
| they shall reject the ballots, if
any, found folded inside of a | 6 |
| ballot. And if the ballots and the
applications for ballot | 7 |
| still do not agree after such rejection, the
ballots shall be | 8 |
| replaced in the box and the box closed and well shaken,
and | 9 |
| again opened; and one of the judges shall publicly draw out so | 10 |
| many
ballots unopened as shall be equal to such excess. Such | 11 |
| excess ballots
shall be marked "Excess-Not Counted" and signed | 12 |
| by a majority of judges
and shall be placed in the "After 6:00 | 13 |
| p.m. Defective Ballots Envelope".
The number of excess ballots | 14 |
| shall be noted in the remarks section of
the Certificate of | 15 |
| Results. "Excess" ballots shall not
be counted in the total of | 16 |
| "defective" ballots. And the ballots and
applications for | 17 |
| ballot being made to agree in this way, the judges
shall | 18 |
| proceed to count the votes in the following manner: The judges
| 19 |
| shall open the ballots and place those which contain the same | 20 |
| names
together, so that the several kinds shall be in separate | 21 |
| piles or on
separate files. Each of the judges shall examine | 22 |
| the separate files
which are, or are supposed to be, alike, and | 23 |
| exclude from such files any
which may have a name or an | 24 |
| erasure, or in any manner shall be different
from the others of | 25 |
| such file. One of the judges shall then take one file
of the | 26 |
| kind of ballots which contain the same names, and count them by
|
|
|
|
SB3137 |
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LRB096 20053 JAM 35564 b |
|
| 1 |
| tens, carefully examining each name on each of the ballots. | 2 |
| Such judge
shall then pass the ten ballots aforesaid to the | 3 |
| judge sitting next to
him, who shall count them in the same | 4 |
| manner, who shall then pass them
to a third judge, who shall | 5 |
| also count them in the same manner. Then the
third judge shall | 6 |
| call the names of the persons named in the ten
ballots, and the | 7 |
| offices for which they are designated, and 2 of the
judges, who | 8 |
| did not assist in the counting shall tally ten votes for
each | 9 |
| of such persons, except as herein otherwise provided. When the
| 10 |
| judges shall have gone through such file of ballots, containing | 11 |
| the same
names, and shall count them by tens in the same way, | 12 |
| and shall call the
names of the persons named in the ballots | 13 |
| and the office for which they
are designated, the tally judges | 14 |
| shall tally the votes by tens for each
of such persons in the | 15 |
| same manner as in the first instance. When the
counting of each | 16 |
| file of ballots which contain the same names shall be
| 17 |
| completed, the tally judges shall compare their tallies | 18 |
| together and
ascertain the total number of ballots of that kind | 19 |
| so canvassed; and
when they agree upon the number, one of them | 20 |
| shall announce it in a loud
voice to the other judges. The | 21 |
| judges shall then canvass the other kinds
of ballots which do | 22 |
| not correspond, those containing names partly from
one kind of | 23 |
| ballots and partly from another, being those from which the
| 24 |
| name of the person proper to be voted for on such ballots has | 25 |
| been
omitted or erased, usually called "scratched tickets". | 26 |
| They shall be
canvassed separately by one of the judges sitting |
|
|
|
SB3137 |
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LRB096 20053 JAM 35564 b |
|
| 1 |
| between 2 other
judges, which judge shall call each name to the | 2 |
| tally judges and the
office for which it is designated, and the | 3 |
| other judges looking at the
ballot at the same time, and the | 4 |
| tally judges making tally of the same.
When all the ballots | 5 |
| have been canvassed in this manner, the tally
judges shall | 6 |
| compare their tallies together, and ascertain the total
number | 7 |
| of votes received by each candidate and when they agree upon | 8 |
| the
numbers one of them shall announce in a loud voice to the | 9 |
| judges the
number of votes received by each candidate on each | 10 |
| of the kinds of
ballots containing his name, the number | 11 |
| received by him on
scratch tickets, and the total number of | 12 |
| votes received by him.
| 13 |
| The votes for the offices of Governor and Lieutenant | 14 |
| Governor shall
be counted and tallied jointly.
| 15 |
| Where voting machines or electronic voting systems are | 16 |
| used, the
provisions of this section may be modified as | 17 |
| required or authorized by
Article 24 or Article 24A, whichever | 18 |
| is applicable.
| 19 |
| (Source: P.A. 89-700, eff. 1-17-97.)
| 20 |
| (10 ILCS 5/19-2.1) (from Ch. 46, par. 19-2.1)
| 21 |
| Sec. 19-2.1. At the consolidated primary, general primary,
| 22 |
| consolidated, and general elections, electors entitled
to vote
| 23 |
| by absentee ballot under the provisions of Section 19-1
may | 24 |
| vote in person at the office of the municipal clerk, if the | 25 |
| elector
is a resident of a municipality not having a board of |
|
|
|
SB3137 |
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LRB096 20053 JAM 35564 b |
|
| 1 |
| election commissioners,
or at the office of the township clerk | 2 |
| or, in counties not under township
organization, at the office | 3 |
| of the road district clerk if the elector is
not a resident of | 4 |
| a municipality; provided, in each case that the municipal,
| 5 |
| township or road district clerk, as the case may be, is | 6 |
| authorized to conduct
in-person absentee voting pursuant to | 7 |
| this Section. Absentee voting in such
municipal and township | 8 |
| clerk's offices under this Section shall be
conducted from the | 9 |
| 22nd day through the day before the election.
| 10 |
| Municipal and township clerks (or road district clerks) who | 11 |
| have regularly
scheduled working hours at regularly designated | 12 |
| offices other than a place
of residence and whose offices are | 13 |
| open for business during the same hours
as the office of the | 14 |
| election authority shall conduct in-person absentee
voting for | 15 |
| said elections. Municipal and township clerks (or road district
| 16 |
| clerks) who have no regularly scheduled working hours but who | 17 |
| have regularly
designated offices other than a place of | 18 |
| residence shall conduct in-person
absentee voting for said | 19 |
| elections during the hours of 8:30 a.m. to 4:30
p.m. or 9:00 | 20 |
| a.m. to 5:00 p.m., weekdays, and 9:00 a.m. to 12:00
noon on | 21 |
| Saturdays, but not during such hours as the office of the | 22 |
| election
authority is closed, unless the clerk files a written | 23 |
| waiver with the
election authority not later than July 1 of | 24 |
| each year stating that he or
she is unable to conduct such | 25 |
| voting and the reasons therefor. Such clerks
who conduct | 26 |
| in-person absentee voting may extend their hours for that
|
|
|
|
SB3137 |
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LRB096 20053 JAM 35564 b |
|
| 1 |
| purpose to include any hours in which the election authority's | 2 |
| office is
open. Municipal and township clerks (or
road district | 3 |
| clerks) who have no regularly scheduled office hours and no
| 4 |
| regularly designated offices other than a place of residence | 5 |
| may not conduct
in-person absentee voting for said elections. | 6 |
| The election authority may
devise alternative methods for | 7 |
| in-person absentee voting before said elections
for those | 8 |
| precincts located within the territorial area of a municipality
| 9 |
| or township (or road district) wherein the clerk of such | 10 |
| municipality or
township (or road district) has waived or is | 11 |
| not entitled to conduct such
voting.
In addition, electors may | 12 |
| vote by absentee ballot under the provisions of
Section 19-1 at | 13 |
| the office of the election authority having jurisdiction
over | 14 |
| their residence. Unless specifically authorized by the | 15 |
| election authority, municipal,
township, and road district | 16 |
| clerks shall not conduct in-person absentee
voting. No less | 17 |
| than 45 days
before the date of an election, the election | 18 |
| authority shall notify the
municipal, township, and road | 19 |
| district clerks within its jurisdiction if
they are to conduct | 20 |
| in-person absentee voting. Election authorities, however, may | 21 |
| conduct in-person absentee voting in one or more designated
| 22 |
| appropriate public buildings from the fourth
day before the | 23 |
| election through
the day before the election.
| 24 |
| In conducting in-person absentee voting under this | 25 |
| Section, the respective
clerks shall be required to verify the | 26 |
| identity signature of the absentee
voter by comparison with the |
|
|
|
SB3137 |
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LRB096 20053 JAM 35564 b |
|
| 1 |
| signature on the official registration
record card . The clerk | 2 |
| also shall reasonably ascertain the identity
of such applicant, | 3 |
| shall verify that each such applicant is a registered
voter, | 4 |
| and shall verify the precinct in which he or she is registered
| 5 |
| and the proper ballots of the political subdivisions in which | 6 |
| the
applicant resides and is entitled to vote, prior to | 7 |
| providing any
absentee ballot to such applicant. The clerk | 8 |
| shall verify the
applicant's registration and from the most | 9 |
| recent poll list provided by
the county clerk, and if the | 10 |
| applicant is not listed on that poll list
then by telephoning | 11 |
| the office of the county clerk.
| 12 |
| Absentee voting procedures in the office of the municipal, | 13 |
| township
and road district clerks shall be subject to all of | 14 |
| the applicable
provisions of this Article 19.
Pollwatchers may | 15 |
| be appointed to observe in-person absentee voting
procedures | 16 |
| and view all reasonably requested records relating to the | 17 |
| conduct of the election, provided the secrecy of the ballot is | 18 |
| not impinged, at the office of the municipal, township or road | 19 |
| district
clerks' offices where such absentee voting is | 20 |
| conducted. Such pollwatchers
shall qualify and be appointed in | 21 |
| the same manner as provided in Sections
7-34 and 17-23, except | 22 |
| each candidate, political party or
organization of citizens may | 23 |
| appoint only one pollwatcher for each location
where in-person | 24 |
| absentee voting is conducted. Pollwatchers must
be registered | 25 |
| to vote in Illinois and possess
valid pollwatcher credentials.
| 26 |
| All requirements in this Article
applicable to election |
|
|
|
SB3137 |
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LRB096 20053 JAM 35564 b |
|
| 1 |
| authorities shall apply to the respective local
clerks, except | 2 |
| where inconsistent with this Section.
| 3 |
| The sealed absentee ballots in their carrier envelope shall | 4 |
| be
delivered by the respective clerks, or by the election | 5 |
| authority on behalf of
a clerk if the clerk and the election
| 6 |
| authority agree, to the election authority's central ballot | 7 |
| counting location
before the close of the polls on the day of | 8 |
| the general primary,
consolidated primary, consolidated, or | 9 |
| general election.
| 10 |
| Not more than 23 days before the general and consolidated
| 11 |
| elections, the county clerk shall make available to those
| 12 |
| municipal, township and road district clerks conducting | 13 |
| in-person absentee
voting within such county, a sufficient
| 14 |
| number of applications, absentee ballots, envelopes, and | 15 |
| printed voting
instruction slips for use by absentee voters in | 16 |
| the offices of such
clerks. The respective clerks shall receipt | 17 |
| for all ballots received,
shall return all unused or spoiled | 18 |
| ballots to the county clerk on the
day of the election and | 19 |
| shall strictly account for all ballots received.
| 20 |
| The ballots delivered to the respective clerks shall | 21 |
| include absentee
ballots for each precinct in the municipality, | 22 |
| township or road
district, or shall include such separate | 23 |
| ballots for each political
subdivision conducting an election | 24 |
| of officers or a referendum on that
election day as will permit | 25 |
| any resident of the municipality, township
or road district to | 26 |
| vote absentee in the office of the proper clerk.
|
|
|
|
SB3137 |
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LRB096 20053 JAM 35564 b |
|
| 1 |
| The clerks of all municipalities, townships and road | 2 |
| districts may
distribute applications for absentee ballot for | 3 |
| the use of voters who
wish to mail such applications to the | 4 |
| appropriate election authority.
Such applications for absentee | 5 |
| ballots shall be made on forms provided
by the election | 6 |
| authority. Duplication of such forms by the municipal,
township | 7 |
| or road district clerk is prohibited.
| 8 |
| (Source: P.A. 93-574, eff. 8-21-03; 94-645, eff. 8-22-05; | 9 |
| 94-1000, eff. 7-3-06.)
| 10 |
| (10 ILCS 5/19-5) (from Ch. 46, par. 19-5) | 11 |
| Sec. 19-5. When a ballot is to be mailed to a voter, it It | 12 |
| shall be the duty of the election authority to fold the
ballot | 13 |
| or ballots in the manner specified by the statute for folding
| 14 |
| ballots prior to their deposit in the ballot box, and to | 15 |
| enclose such
ballot or ballots in an envelope unsealed to be | 16 |
| furnished by him, which
envelope shall bear upon the face | 17 |
| thereof the name, official title and
post office address of the | 18 |
| election authority, and upon the other side
a printed | 19 |
| certification in substantially the
following form:
| 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 .... months
last past; and that I am lawfully | 25 |
| entitled to vote in such precinct at the
.... election to be |
|
|
|
SB3137 |
- 24 - |
LRB096 20053 JAM 35564 b |
|
| 1 |
| held on .....
| 2 |
| *fill in either (1), (2) or (3).
| 3 |
| I further state that I personally marked the enclosed | 4 |
| ballot in secret.
| 5 |
| Under penalties of perjury as provided by law pursuant to | 6 |
| Section 29-10
of The Election Code, the undersigned certifies | 7 |
| that the statements set
forth in this certification are true | 8 |
| and correct.
| 9 |
| .......................
| 10 |
| If the ballot is to go to an elector who is physically | 11 |
| incapacitated and needs assistance marking the ballot,
the | 12 |
| envelope shall bear upon the back thereof a certification in
| 13 |
| substantially the following form:
| 14 |
| I state that I am a resident of the .... precinct of the | 15 |
| (1)
*township of .... (2) *City of .... or (3) *.... ward in | 16 |
| the city of
.... residing at .... in such city or town in the | 17 |
| county of .... and
State of Illinois, that I have lived at such | 18 |
| address for .... months
last past; that I am lawfully entitled | 19 |
| to vote in such precinct at the
.... election to be held on | 20 |
| ....; that I am physically incapable
of personally marking the | 21 |
| ballot for
such election.
| 22 |
| *fill in either (1), (2) or (3).
| 23 |
| I further state that I marked the enclosed ballot in secret | 24 |
| with the assistance of
| 25 |
| .................................
| 26 |
| (Individual rendering assistance)
|
|
|
|
SB3137 |
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LRB096 20053 JAM 35564 b |
|
| 1 |
| .................................
| 2 |
| (Residence Address)
| 3 |
| Under penalties of perjury as provided by law pursuant to | 4 |
| Section 29-10
of The Election Code, the undersigned certifies | 5 |
| that the statements set forth
in this certification are true | 6 |
| and correct.
| 7 |
| .......................
| 8 |
| In the case of a voter with a physical
incapacity, marking | 9 |
| a ballot in secret includes marking a ballot with the
| 10 |
| assistance of another individual, other than a candidate
whose | 11 |
| name appears on the ballot (unless the voter is the spouse or a
| 12 |
| parent, child, brother, or sister of the candidate),
the | 13 |
| voter's employer, an
agent of that employer, or an officer or | 14 |
| agent of the voter's union, when
the voter's physical | 15 |
| incapacity necessitates such assistance.
| 16 |
| In the case of a physically incapacitated voter, marking a | 17 |
| ballot in secret includes marking a ballot with the
assistance | 18 |
| of another individual, other than a candidate
whose name | 19 |
| appears on the ballot (unless the voter is the spouse or a
| 20 |
| parent, child, brother, or sister of the candidate), the | 21 |
| voter's
employer, an
agent of that employer, or an officer or | 22 |
| agent of the voter's union, when
the voter's physical | 23 |
| incapacity necessitates such assistance.
| 24 |
| Provided, that if the ballot enclosed is to be voted at a | 25 |
| primary
election, the certification shall designate the name of | 26 |
| the political
party with which the voter is affiliated.
|
|
|
|
SB3137 |
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LRB096 20053 JAM 35564 b |
|
| 1 |
| In addition to the above, the election authority shall | 2 |
| provide
printed slips giving full instructions regarding the | 3 |
| manner of marking
and returning the ballot in order that the | 4 |
| same may be counted, and
shall furnish one of such printed | 5 |
| slips to each of such applicants at
the same time the ballot is | 6 |
| delivered to him.
Such instructions shall include the following | 7 |
| statement: "In signing the
certification on the absentee ballot | 8 |
| envelope, you are attesting that you
personally marked this | 9 |
| absentee ballot in secret. If you are physically
unable to mark | 10 |
| the ballot, a friend or relative may assist you after
| 11 |
| completing the enclosed affidavit. Federal and State laws | 12 |
| prohibit a
candidate whose name appears on the ballot (unless | 13 |
| you
are the spouse or a parent, child, brother, or sister of | 14 |
| the candidate), your
employer, your employer's agent or an | 15 |
| officer or agent of your union
from assisting physically | 16 |
| disabled voters."
| 17 |
| In addition to the above, if a ballot to be provided to an | 18 |
| elector
pursuant to this Section contains a public question | 19 |
| described in subsection
(b) of Section 28-6 and the territory | 20 |
| concerning which the question is
to be submitted is not | 21 |
| described on the ballot due to the space limitations
of such | 22 |
| ballot, the election authority shall provide a printed copy of
| 23 |
| a notice of the public question, which shall include a | 24 |
| description of the
territory in the manner required by Section | 25 |
| 16-7. The notice shall be
furnished to the elector at the same | 26 |
| time the ballot is delivered to the
elector.
|
|
|
|
SB3137 |
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LRB096 20053 JAM 35564 b |
|
| 1 |
| When a voter casts a ballot in the office of the election | 2 |
| authority or a municipal or township clerk, the election | 3 |
| authority may allow for the insertion of the ballot into a | 4 |
| ballot tabulator and the direct deposit of the ballot into a | 5 |
| sealed ballot box. | 6 |
| (Source: P.A. 95-440, eff. 8-27-07; 96-553, eff. 8-17-09.)
| 7 |
| (10 ILCS 5/19-6) (from Ch. 46, par. 19-6)
| 8 |
| Sec. 19-6.
Such absent voter shall make and subscribe to | 9 |
| the
certifications provided for in the application and , if | 10 |
| provided, on the return
envelope for the ballot, and such | 11 |
| ballot or ballots shall be folded by
such voter in the manner | 12 |
| required to be folded before depositing the
same in the ballot | 13 |
| box, and be (i) deposited in such envelope and the
envelope | 14 |
| securely sealed or (ii) directly inserted into the ballot | 15 |
| tabulator . When the voter has been mailed a ballot, the The | 16 |
| voter shall then endorse his certificate
upon the back of the | 17 |
| envelope and the envelope shall be mailed in person by
such | 18 |
| voter, postage prepaid, to the election authority issuing the | 19 |
| ballot or,
if more convenient, it may be delivered in person, | 20 |
| by either the voter or
by a spouse, parent, child, brother or | 21 |
| sister of the voter, or by a company
licensed as a motor | 22 |
| carrier of property by the Illinois Commerce Commission
under | 23 |
| the Illinois Commercial Transportation Law,
which is engaged in | 24 |
| the business of making deliveries.
It shall be unlawful for any | 25 |
| person not the voter, his or her spouse,
parent, child, |
|
|
|
SB3137 |
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LRB096 20053 JAM 35564 b |
|
| 1 |
| brother, or sister,
or a representative of a company engaged in | 2 |
| the business of making
deliveries to the election authority
to | 3 |
| take the ballot and ballot envelope of a
voter for deposit into | 4 |
| the mail unless the ballot has been issued pursuant to
| 5 |
| application by a physically incapacitated elector under | 6 |
| Section
3-3 or a hospitalized voter under Section 19-13, in | 7 |
| which case any
employee or person under the direction of the | 8 |
| facility in which the elector or
voter is located may deposit | 9 |
| the ballot and ballot envelope into the mail.
If an absentee
| 10 |
| voter gives his ballot and ballot envelope to a spouse, parent, | 11 |
| child,
brother or sister of the voter or to a company which is | 12 |
| engaged in the
business of making deliveries for delivery to | 13 |
| the election authority, the
voter shall give an authorization | 14 |
| form to the person making the delivery.
The person making the | 15 |
| delivery shall present the authorization to the
election | 16 |
| authority. The authorization shall be in substantially the | 17 |
| following
form:
| 18 |
| I ............ (absentee voter) authorize ............... | 19 |
| to take my ballot
to the office of the election authority.
| 20 |
| ....................... ........................
| 21 |
| Date Signature of voter
| 22 |
| ....................... ........................
| 23 |
| Hour Address
| 24 |
| ....................... ........................
|
|
|
|
SB3137 |
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LRB096 20053 JAM 35564 b |
|
| 1 |
| Date Signature of Authorized
| 2 |
| Individual
| 3 |
| ....................... ........................
| 4 |
| Hour Relationship (if any)
| 5 |
| (Source: P.A. 89-653, eff. 8-14-96 .)
| 6 |
| (10 ILCS 5/19-7) (from Ch. 46, par. 19-7)
| 7 |
| Sec. 19-7.
Absentee ballots mailed to voters shall be | 8 |
| received in one of the 2 following ways: | 9 |
| (1) Upon receipt of such absent voter's ballot, the | 10 |
| election
authority shall forthwith enclose the same | 11 |
| unopened, together with the
application made by said absent | 12 |
| voter in a large or carrier envelope
which shall be | 13 |
| securely sealed and endorsed with the name and official
| 14 |
| title of such officer and the words, "This envelope | 15 |
| contains an absent
voter's ballot and must be opened on | 16 |
| election day," together with the number and
description of | 17 |
| the precinct in which said ballot is to be voted, and
such | 18 |
| officer shall thereafter safely keep the same in his office | 19 |
| until
counted by him as provided in the next section.
| 20 |
| (2) Upon receipt of an absent voter's ballot, the | 21 |
| election authority shall appoint one election judge from | 22 |
| each of the 2 leading political parties who, at a time | 23 |
| publicly noticed in the office of the election authority at | 24 |
| least 2 days prior to that time, shall verify the signature |
|
|
|
SB3137 |
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LRB096 20053 JAM 35564 b |
|
| 1 |
| of the voter on the certification envelope with the records | 2 |
| of the election authority and shall verify the compliance | 3 |
| of the ballot with other provisions of this Code. If the | 4 |
| election judges determine that the ballot has not been | 5 |
| properly submitted, they shall reject the ballot as set | 6 |
| forth in Section 19-8. If the ballot is not rejected, the | 7 |
| judges of election shall open the certification envelope, | 8 |
| initial the ballot, and insert it into the ballot tabulator | 9 |
| which shall directly deposit the ballot into the ballot | 10 |
| box. | 11 |
| (Source: P.A. 81-155.)
| 12 |
| (10 ILCS 5/19-8) (from Ch. 46, par. 19-8)
| 13 |
| Sec. 19-8. Time and place of counting ballots. | 14 |
| (a) For purposes of this Section, counting of absentee | 15 |
| ballots shall mean the public tabulation of election results. | 16 |
| Nothing in this Section shall be construed to prohibit the | 17 |
| casting of a ballot into a direct recording device or ballot | 18 |
| tabulator, except that the results of any votes cast prior to | 19 |
| election day shall not be revealed until after the close of the | 20 |
| polls on election day. (Blank.) | 21 |
| (b) Each absent voter's ballot returned to an election | 22 |
| authority, by any means authorized by this Article, and | 23 |
| received by that election authority before the closing of the | 24 |
| polls on election day shall be endorsed by the receiving | 25 |
| election authority with the day and hour of receipt and shall |
|
|
|
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| 1 |
| be counted in the central ballot counting location of the | 2 |
| election authority on the day of the election after 7:00 p.m., | 3 |
| except as provided in subsections (g) and (g-5).
| 4 |
| (c) Each absent voter's ballot that is mailed to an | 5 |
| election authority and postmarked by the midnight preceding the | 6 |
| opening of the polls on election day, but that is received by | 7 |
| the election authority after the polls close on election day | 8 |
| and before the close of the period for counting provisional | 9 |
| ballots cast at that election, shall be endorsed by the | 10 |
| receiving authority with the day and hour of receipt and shall | 11 |
| be counted at the central ballot counting location of the | 12 |
| election authority during the period for counting provisional | 13 |
| ballots. | 14 |
| Each absent voter's ballot that is mailed to an election | 15 |
| authority absent a postmark, but that is received by the | 16 |
| election authority after the polls close on election day and | 17 |
| before the close of the period for counting provisional ballots | 18 |
| cast at that election, shall be endorsed by the receiving | 19 |
| authority with the day and hour of receipt, opened to inspect | 20 |
| the date inserted on the certification, and, if the | 21 |
| certification date is a date preceding the election day and the | 22 |
| ballot is otherwise found to be valid under the requirements of | 23 |
| this Section, counted at the central ballot counting location | 24 |
| of the election authority during the period for counting | 25 |
| provisional ballots. Absent a date on the certification, the | 26 |
| ballot shall not be counted.
|
|
|
|
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| 1 |
| (d) Special write-in absentee voter's blank ballots | 2 |
| returned to an election authority, by any means authorized by | 3 |
| this Article, and received by the election authority at any | 4 |
| time before the closing of the polls on election day shall be | 5 |
| endorsed by the receiving election authority with the day and | 6 |
| hour of receipt and shall be counted at the central ballot | 7 |
| counting location of the election authority during the same | 8 |
| period provided for counting absent voters' ballots under | 9 |
| subsections (b), (g), and (g-5). Special write-in absentee | 10 |
| voter's blank ballots that are mailed to an election authority | 11 |
| and postmarked by the midnight preceding the opening of the | 12 |
| polls on election day, but that are received by the election | 13 |
| authority after the polls close on election day and before the | 14 |
| closing of the period for counting provisional ballots cast at | 15 |
| that election, shall be endorsed by the receiving authority | 16 |
| with the day and hour of receipt and shall be counted at the | 17 |
| central ballot counting location of the election authority | 18 |
| during the same periods provided for counting absent voters' | 19 |
| ballots under subsection (c). | 20 |
| (e) Except as otherwise provided in this Section, absent | 21 |
| voters' ballots and special write-in absentee voter's blank | 22 |
| ballots received by the election authority after the closing of | 23 |
| the polls on an
election day shall be endorsed by the election | 24 |
| authority receiving them
with the day and hour of receipt and | 25 |
| shall be safely kept unopened by the
election authority for the | 26 |
| period of time required for the preservation of
ballots used at |
|
|
|
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| 1 |
| the election, and shall then, without being opened, be
| 2 |
| destroyed in like manner as the used ballots of that election.
| 3 |
| (f) Counting required under this Section to begin on | 4 |
| election day after the closing of the polls shall commence no | 5 |
| later than 8:00 p.m. and shall be conducted
by a panel or | 6 |
| panels of election judges appointed in the manner provided
by | 7 |
| law. The counting shall continue until all absent voters' | 8 |
| ballots and special write-in absentee voter's blank ballots | 9 |
| required to be counted on election day have been counted.
| 10 |
| (g) The procedures set forth in Articles 17 and
18 of this | 11 |
| Code shall apply to all ballots counted under
this Section. In | 12 |
| addition, within 2 days after an absentee ballot, other than an | 13 |
| in-person absentee ballot, is received, but in all cases before | 14 |
| the close of the period for counting provisional ballots, the | 15 |
| election judge or official shall compare the voter's signature | 16 |
| on the certification envelope of that absentee ballot with the | 17 |
| signature of the voter on file in the office of the election | 18 |
| authority. If the election judge or official determines that | 19 |
| the 2 signatures match, and that the absentee voter is | 20 |
| otherwise qualified to cast an absentee ballot, the election | 21 |
| authority shall cast and count the ballot on election day or | 22 |
| the day the ballot is determined to be valid, whichever is | 23 |
| later, adding the results to the precinct in which the voter is | 24 |
| registered. If the election judge or official determines that | 25 |
| the signatures do not match, or that the absentee voter is not | 26 |
| qualified to cast an absentee ballot, then without opening the |
|
|
|
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| 1 |
| certification envelope, the judge or official shall mark across | 2 |
| the face of the certification envelope the word "Rejected" and | 3 |
| shall not cast or count the ballot. | 4 |
| In addition to the voter's signatures not matching, an | 5 |
| absentee ballot may be rejected by the election judge or | 6 |
| official: | 7 |
| (1) if the ballot envelope is open or has been opened | 8 |
| and resealed; | 9 |
| (2) if the voter has already cast an early or grace | 10 |
| period ballot; | 11 |
| (3) if the voter voted in person on election day or the | 12 |
| voter is not a duly registered voter in the precinct; or | 13 |
| (4) on any other basis set forth in this Code. | 14 |
| If the election judge or official determines that any of | 15 |
| these reasons apply, the judge or official shall mark across | 16 |
| the face of the certification envelope the word "Rejected" and | 17 |
| shall not cast or count the ballot.
| 18 |
| (g-5) If an absentee ballot, other than an in-person | 19 |
| absentee ballot, is rejected by the election judge or official | 20 |
| for any reason, the election authority shall, within 2 days | 21 |
| after the rejection but in all cases before the close of the | 22 |
| period for counting provisional ballots, notify the absentee | 23 |
| voter that his or her ballot was rejected. The notice shall | 24 |
| inform the voter of the reason or reasons the ballot was | 25 |
| rejected and shall state that the voter may appear before the | 26 |
| election authority, on or before the 14th day after the |
|
|
|
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|
| 1 |
| election, to show cause as to why the ballot should not be | 2 |
| rejected. The voter may present evidence to the election | 3 |
| authority supporting his or her contention that the ballot | 4 |
| should be counted. The election authority shall appoint a panel | 5 |
| of 3 election judges to review the contested ballot, | 6 |
| application, and certification envelope, as well as any | 7 |
| evidence submitted by the absentee voter. No more than 2 | 8 |
| election judges on the reviewing panel shall be of the same | 9 |
| political party. The reviewing panel of election judges shall | 10 |
| make a final determination as to the validity of the contested | 11 |
| absentee ballot. The judges' determination shall not be | 12 |
| reviewable either administratively or judicially. | 13 |
| An absentee ballot subject to this subsection that is | 14 |
| determined to be valid shall be counted before the close of the | 15 |
| period for counting provisional ballots.
| 16 |
| (g-10) All absentee ballots determined to be valid shall be | 17 |
| added to the vote totals for the precincts for which they were | 18 |
| cast in the order in which the ballots were opened.
| 19 |
| (h) Each political party, candidate, and qualified civic | 20 |
| organization shall be entitled to have present one pollwatcher | 21 |
| for each panel of election judges therein assigned.
| 22 |
| (Source: P.A. 94-557, eff. 8-12-05; 94-1000, eff. 7-3-06; | 23 |
| 95-699, eff. 11-9-07.)
| 24 |
| (10 ILCS 5/19-10) (from Ch. 46, par. 19-10)
| 25 |
| Sec. 19-10. Pollwatchers may be appointed to observe |
|
|
|
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|
| 1 |
| in-person absentee
voting procedures and view all reasonably | 2 |
| requested records relating to the conduct of the election, | 3 |
| provided the secrecy of the ballot is not impinged, at the | 4 |
| office of the election authority as well as at
municipal, | 5 |
| township or road district clerks' offices where such absentee
| 6 |
| voting is conducted. Such pollwatchers shall qualify and be | 7 |
| appointed in
the same manner as provided in Sections 7-34 and | 8 |
| 17-23, except each
candidate, political party or organization | 9 |
| of citizens may appoint only one
pollwatcher for each location | 10 |
| where in-person absentee voting is conducted.
Pollwatchers | 11 |
| must be registered to vote in Illinois and possess valid
| 12 |
| pollwatcher credentials.
| 13 |
| At the office of the election authority, during the period | 14 |
| for accepting absentee ballots through the mail In the polling | 15 |
| place on election day , pollwatchers shall be permitted
to be | 16 |
| present during the casting of the absent voters' ballots and | 17 |
| the vote
of any absent voter may be challenged for cause the | 18 |
| same as if he were
present and voted in person, and the judges | 19 |
| of the election or a majority
thereof shall have power and | 20 |
| authority to hear and determine the legality
of such ballot; | 21 |
| Provided, however, that if a challenge to any absent
voter's | 22 |
| right to vote is sustained, notice of the same must be given by | 23 |
| the
judges of election by mail addressed to the voter's place | 24 |
| of residence.
| 25 |
| Where certain absent voters' ballots are counted on the day | 26 |
| of the election
in the office of the election authority as |
|
|
|
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|
| 1 |
| provided in Section 19-8 of this
Act, each political party, | 2 |
| candidate and qualified civic organization shall
be entitled to | 3 |
| have present one pollwatcher for each panel of election judges
| 4 |
| therein assigned. Such pollwatchers shall be subject to the | 5 |
| same provisions
as are provided for pollwatchers in Sections | 6 |
| 7-34 and 17-23 of this Code,
and shall be permitted to observe | 7 |
| the election judges making the signature
comparison between | 8 |
| that which is on the ballot envelope and that which is
on the | 9 |
| permanent voter registration record card taken from the master | 10 |
| file.
| 11 |
| (Source: P.A. 93-574, eff. 8-21-03; 94-645, eff. 8-22-05.)
| 12 |
| (10 ILCS 5/19A-35)
| 13 |
| Sec. 19A-35. Procedure for voting.
| 14 |
| (a) Not more than 23 days before the start of the election, | 15 |
| the county clerk
shall make available to the election official | 16 |
| conducting early voting by
personal
appearance a sufficient | 17 |
| number of early ballots, envelopes, and printed voting
| 18 |
| instruction slips for the use of early voters. The election | 19 |
| official shall
receipt for all ballots received and shall | 20 |
| return unused or spoiled ballots at
the close of the early | 21 |
| voting period to the county clerk and must strictly
account for | 22 |
| all ballots received. The ballots delivered to the election
| 23 |
| official must include early ballots for each precinct in the | 24 |
| election
authority's jurisdiction and must include separate | 25 |
| ballots for each political
subdivision conducting an election |
|
|
|
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|
| 1 |
| of officers or a referendum at that
election.
| 2 |
| (b) In conducting early voting under this Article, the | 3 |
| election judge or official is
required to verify the signature | 4 |
| of the early voter by comparison with the
signature on the
| 5 |
| official registration card, and the judge or official must | 6 |
| verify (i) the identity
of the applicant, (ii) that the | 7 |
| applicant is a registered voter, (iii) the
precinct in which | 8 |
| the applicant is registered, and (iv) the proper ballots of
the | 9 |
| political subdivision in which the applicant resides and is | 10 |
| entitled to
vote before providing an early ballot to the | 11 |
| applicant.
The applicant's identity must be verified by the | 12 |
| applicant's presentation of an Illinois driver's license, a | 13 |
| non-driver identification card issued by the Illinois | 14 |
| Secretary of State, a photo identification card issued by a | 15 |
| university or college, or another government-issued | 16 |
| identification document containing the applicant's photograph. | 17 |
| The election judge or official
must verify the applicant's | 18 |
| registration from the most recent poll list
provided by the
| 19 |
| election authority, and if the applicant is not listed on that | 20 |
| poll list, by
telephoning the office of the election authority.
| 21 |
| (b-5) A person requesting an early voting ballot to whom an | 22 |
| absentee ballot was issued may vote early if the person submits | 23 |
| that absentee ballot to the judges of election or official | 24 |
| conducting early voting for cancellation. If the voter is | 25 |
| unable to submit the absentee ballot, it shall be sufficient | 26 |
| for the voter to submit to the judges or official (i) a portion |
|
|
|
SB3137 |
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|
| 1 |
| of the absentee ballot if the absentee ballot was torn or | 2 |
| mutilated or (ii) an affidavit executed before the judges or | 3 |
| official specifying that (A) the voter never received an | 4 |
| absentee ballot or (B) the voter completed and returned an | 5 |
| absentee ballot and was informed that the election authority | 6 |
| did not receive that absentee ballot. | 7 |
| (b-10) Within one day after a voter casts an early voting | 8 |
| ballot, the election authority shall transmit the voter's name, | 9 |
| street address, and precinct, ward, township, and district | 10 |
| numbers, as the case may be, to the State Board of Elections, | 11 |
| which shall maintain those names and that information in an | 12 |
| electronic format on its website, arranged by county and | 13 |
| accessible to State and local political committees. | 14 |
| (b-15) Immediately after voting an early ballot, the voter | 15 |
| shall be instructed whether the voting equipment accepted or | 16 |
| rejected the ballot or identified that ballot as under-voted | 17 |
| for a statewide constitutional office. A voter whose ballot is | 18 |
| identified as under-voted may return to the voting booth and | 19 |
| complete the voting of that ballot. A voter whose early voting | 20 |
| ballot is not accepted by the voting equipment may, upon | 21 |
| surrendering the ballot, request and vote another early voting | 22 |
| ballot. The voter's surrendered ballot
shall be initialed by | 23 |
| the election judge or official conducting the early voting and | 24 |
| handled as provided in the appropriate
Article governing the | 25 |
| voting equipment used.
| 26 |
| (c) The sealed early ballots , either in a sealed ballot box |
|
|
|
SB3137 |
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LRB096 20053 JAM 35564 b |
|
| 1 |
| or in their carrier envelope , shall be delivered by
the | 2 |
| election authority to the central ballot counting location | 3 |
| before the close of the
polls on the day of the election.
| 4 |
| (Source: P.A. 95-699, eff. 11-9-07; 96-317, eff. 1-1-10.) | 5 |
| (10 ILCS 5/19A-40)
| 6 |
| Sec. 19A-40. Enclosure of ballots in envelope. It is the | 7 |
| duty of the election judge or official to fold the
ballot or | 8 |
| ballots in the manner specified by the statute for folding
| 9 |
| ballots prior to their deposit in the ballot box, and to | 10 |
| enclose the
ballot or ballots in an envelope unsealed to be | 11 |
| furnished by him or her, which
envelope shall bear upon the | 12 |
| face thereof the name, official title, and
post office address | 13 |
| of the election authority, and upon the other side
a printed | 14 |
| certification in substantially the
following form:
| 15 |
| I state that I am a resident of the .... precinct of the | 16 |
| (1)
*township of .... (2) *City of .... or (3) *.... ward in | 17 |
| the city of
.... residing at .... in that city or town in the | 18 |
| county of .... and
State of Illinois, that I have lived at that | 19 |
| address for .... months
last past; that I am lawfully entitled | 20 |
| to vote in that precinct at the
.... election to be held on | 21 |
| .... .
| 22 |
| *fill in either (1), (2) or (3).
| 23 |
| I further state that I personally marked the enclosed | 24 |
| ballot in secret.
| 25 |
| Under penalties of perjury as provided by law pursuant to |
|
|
|
SB3137 |
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LRB096 20053 JAM 35564 b |
|
| 1 |
| Section 29-10
of the Election Code, the undersigned certifies | 2 |
| that the statements set
forth in this certification are true | 3 |
| and correct.
| 4 |
| .......................
| 5 |
| If the ballot enclosed is to be voted at a primary
| 6 |
| election, the certification shall designate the name of the | 7 |
| political
party with which the voter is affiliated.
| 8 |
| In addition to the above, the election authority shall | 9 |
| provide
printed slips giving full instructions regarding the | 10 |
| manner of marking
and returning the ballot in order that the | 11 |
| same may be counted, and
shall furnish one of the printed slips | 12 |
| to each of such applicants at
the same time the ballot is | 13 |
| delivered to him or her.
The instructions shall include the | 14 |
| following statement: "In signing the
certification on the early | 15 |
| ballot envelope, you are attesting that you
personally marked | 16 |
| this early ballot in secret.
If you are physically unable to | 17 |
| mark the ballot, a friend or relative may
assist you. Federal | 18 |
| and State laws prohibit your employer, your employer's
agent, | 19 |
| or an officer or agent of your union from assisting physically | 20 |
| disabled
voters."
| 21 |
| In addition to the above, if a ballot to be provided to a | 22 |
| voter
pursuant to this Section contains a public question | 23 |
| described in subsection
(b) of Section 28-6 and the territory | 24 |
| concerning which the question is
to be submitted is not | 25 |
| described on the ballot due to the space limitations
of the | 26 |
| ballot, the election authority shall provide a printed copy of
|
|
|
|
SB3137 |
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LRB096 20053 JAM 35564 b |
|
| 1 |
| a notice of the public question, which shall include a | 2 |
| description of the
territory in the manner required by Section | 3 |
| 16-7. The notice shall be
furnished to the voter at the same | 4 |
| time the ballot is delivered to the
voter.
| 5 |
| The voter shall make and subscribe the certification | 6 |
| provided for on the return envelope of the ballot. The ballot | 7 |
| or ballots shall be folded by the voter, in the manner required | 8 |
| before deposit of the ballot into the ballot box, and shall be | 9 |
| deposited into the envelope. The envelope then shall be | 10 |
| securely sealed. The voter shall then endorse his or her | 11 |
| certificate on the back of the envelope, and the envelope shall | 12 |
| be returned to the election judge or official conducting the | 13 |
| early voting. | 14 |
| When a voter casts an early ballot, the election authority | 15 |
| may allow for the insertion of the ballot into a ballot | 16 |
| tabulator and the direct deposit of the ballot into a sealed | 17 |
| ballot box. | 18 |
| (Source: P.A. 94-645, eff. 8-22-05.) | 19 |
| (10 ILCS 5/19A-50)
| 20 |
| Sec. 19A-50. Receipt of ballots. When certification | 21 |
| envelopes are used, then, upon Upon receipt of the voter's | 22 |
| ballot, the
election judge or official shall enclose the | 23 |
| unopened ballot in a large or carrier
envelope that shall be | 24 |
| securely sealed and endorsed with the name and official
title | 25 |
| of the election judge or official and the words, "This envelope |
|
|
|
SB3137 |
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LRB096 20053 JAM 35564 b |
|
| 1 |
| contains a ballot
and must be opened on election day", together | 2 |
| with the number and description
of the precinct in which the | 3 |
| ballot is to be voted, and the election authority
shall safely | 4 |
| keep the envelope in its office until delivered to the central | 5 |
| ballot counting location. The ballots determined to be valid | 6 |
| shall be added to the vote totals for the precincts for which | 7 |
| they were cast in the order in which the ballots were opened.
| 8 |
| (Source: P.A. 94-645, eff. 8-22-05; 94-1000, eff. 7-3-06.)
| 9 |
| (10 ILCS 5/20-7) (from Ch. 46, par. 20-7)
| 10 |
| Sec. 20-7.
Upon receipt of such absent voter's ballot, the | 11 |
| election authority shall process the ballot as set forth in | 12 |
| Article 19. the officer or
officers above described shall | 13 |
| forthwith enclose the same unopened,
together with the | 14 |
| application made by said absent voter in a large or
carrier | 15 |
| envelope which shall be securely sealed and endorsed with the
| 16 |
| name and official title of such officer and the words, "This | 17 |
| envelope
contains an absent voter's ballot and must be opened
| 18 |
| on election day," together with
the number and description of | 19 |
| the precinct in which said ballot is to be
voted, and such | 20 |
| officer shall thereafter safely keep the same in his
office | 21 |
| until counted by him as provided in the next section.
| 22 |
| (Source: P.A. 81-155.)
| 23 |
| (10 ILCS 5/20-8) (from Ch. 46, par. 20-8)
| 24 |
| Sec. 20-8. Time and place of counting ballots. Absentee |
|
|
|
SB3137 |
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LRB096 20053 JAM 35564 b |
|
| 1 |
| ballots received under this Article 20 shall be counted as set | 2 |
| forth in Article 19. | 3 |
| (a) (Blank.) | 4 |
| (b) Each absent voter's ballot returned to an election | 5 |
| authority, by any means authorized by this Article, and | 6 |
| received by that election authority before the closing of the | 7 |
| polls on election day shall be endorsed by the receiving | 8 |
| election authority with the day and hour of receipt and shall | 9 |
| be counted in the central ballot counting location of the | 10 |
| election authority on the day of the election after 7:00 p.m., | 11 |
| except as provided in subsections (g) and (g-5).
| 12 |
| (c) Each absent voter's ballot that is mailed to an | 13 |
| election authority and postmarked by the midnight preceding the | 14 |
| opening of the polls on election day, but that is received by | 15 |
| the election authority after the polls close on election day | 16 |
| and before the close of the period for counting provisional | 17 |
| ballots cast at that election, shall be endorsed by the | 18 |
| receiving authority with the day and hour of receipt and shall | 19 |
| be counted at the central ballot counting location of the | 20 |
| election authority during the period for counting provisional | 21 |
| ballots. | 22 |
| Each absent voter's ballot that is mailed to an election | 23 |
| authority absent a postmark, but that is received by the | 24 |
| election authority after the polls close on election day and | 25 |
| before the close of the period for counting provisional ballots | 26 |
| cast at that election, shall be endorsed by the receiving |
|
|
|
SB3137 |
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LRB096 20053 JAM 35564 b |
|
| 1 |
| authority with the day and hour of receipt, opened to inspect | 2 |
| the date inserted on the certification, and, if the | 3 |
| certification date is a date preceding the election day and the | 4 |
| ballot is otherwise found to be valid under the requirements of | 5 |
| this Section, counted at the central ballot counting location | 6 |
| of the election authority during the period for counting | 7 |
| provisional ballots. Absent a date on the certification, the | 8 |
| ballot shall not be counted.
| 9 |
| (d) Special write-in absentee voter's blank ballots | 10 |
| returned to an election authority, by any means authorized by | 11 |
| this Article, and received by the election authority at any | 12 |
| time before the closing of the polls on election day shall be | 13 |
| endorsed by the receiving election authority with the day and | 14 |
| hour of receipt and shall be counted at the central ballot | 15 |
| counting location of the election authority during the same | 16 |
| period provided for counting absent voters' ballots under | 17 |
| subsections (b), (g), and (g-5). Special write-in absentee | 18 |
| voter's blank ballot that are mailed to an election authority | 19 |
| and postmarked by midnight preceding the opening of the polls | 20 |
| on election day, but that are received by the election | 21 |
| authority after the polls close on election day and before the | 22 |
| closing of the period for counting provisional ballots cast at | 23 |
| that election, shall be endorsed by the receiving authority | 24 |
| with the day and hour of receipt and shall be counted at the | 25 |
| central ballot counting location of the election authority | 26 |
| during the same periods provided for counting absent voters' |
|
|
|
SB3137 |
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LRB096 20053 JAM 35564 b |
|
| 1 |
| ballots under subsection (c).
| 2 |
| (e) Except as otherwise provided in this Section, absent | 3 |
| voters' ballots and special write-in absentee voter's blank | 4 |
| ballots received by the election authority after the closing of | 5 |
| the polls on the day of election shall be
endorsed by the | 6 |
| person receiving the ballots with the day and hour of
receipt | 7 |
| and shall be safely kept unopened by the election authority for
| 8 |
| the period of time required for the preservation of ballots | 9 |
| used at the
election, and shall then, without being opened, be | 10 |
| destroyed in like
manner as the used ballots of that election.
| 11 |
| (f) Counting required under this Section to begin on | 12 |
| election day after the closing of the polls shall commence no | 13 |
| later than 8:00 p.m. and shall be conducted
by a panel or | 14 |
| panels of election judges appointed in the manner provided
by | 15 |
| law. The counting shall continue until all absent voters' | 16 |
| ballots and special write-in absentee voter's blank ballots | 17 |
| required to be counted on election day have been counted.
| 18 |
| (g) The procedures set forth in Articles 17 and
18 of this | 19 |
| Code shall apply to all ballots counted under
this Section. In | 20 |
| addition, within 2 days after a ballot subject to this Article | 21 |
| is received, but in all cases before the close of the period | 22 |
| for counting provisional ballots, the election judge or | 23 |
| official shall compare the voter's signature on the | 24 |
| certification envelope of that ballot with the signature of the | 25 |
| voter on file in the office of the election authority. If the | 26 |
| election judge or official determines that the 2 signatures |
|
|
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| match, and that the voter is otherwise qualified to cast a | 2 |
| ballot under this Article, the election authority shall cast | 3 |
| and count the ballot on election day or the day the ballot is | 4 |
| determined to be valid, whichever is later, adding the results | 5 |
| to the precinct in which the voter is registered. If the | 6 |
| election judge or official determines that the signatures do | 7 |
| not match, or that the voter is not qualified to cast a ballot | 8 |
| under this Article, then without opening the certification | 9 |
| envelope, the judge or official shall mark across the face of | 10 |
| the certification envelope the word "Rejected" and shall not | 11 |
| cast or count the ballot. | 12 |
| In addition to the voter's signatures not matching, a | 13 |
| ballot subject to this Article may be rejected by the election | 14 |
| judge or official: | 15 |
| (1) if the ballot envelope is open or has been opened | 16 |
| and resealed; | 17 |
| (2) if the voter has already cast an early or grace | 18 |
| period ballot; | 19 |
| (3) if the voter voted in person on election day or the | 20 |
| voter is not a duly registered voter in the precinct; or | 21 |
| (4) on any other basis set forth in this Code. | 22 |
| If the election judge or official determines that any of | 23 |
| these reasons apply, the judge or official shall mark across | 24 |
| the face of the certification envelope the word "Rejected" and | 25 |
| shall not cast or count the ballot. | 26 |
| (g-5) If a ballot subject to this Article is rejected by |
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| the election judge or official for any reason, the election | 2 |
| authority shall, within 2 days after the rejection but in all | 3 |
| cases before the close of the period for counting provisional | 4 |
| ballots, notify the voter that his or her ballot was rejected. | 5 |
| The notice shall inform the voter of the reason or reasons the | 6 |
| ballot was rejected and shall state that the voter may appear | 7 |
| before the election authority, on or before the 14th day after | 8 |
| the election, to show cause as to why the ballot should not be | 9 |
| rejected. The voter may present evidence to the election | 10 |
| authority supporting his or her contention that the ballot | 11 |
| should be counted. The election authority shall appoint a panel | 12 |
| of 3 election judges to review the contested ballot, | 13 |
| application, and certification envelope, as well as any | 14 |
| evidence submitted by the absentee voter. No more than 2 | 15 |
| election judges on the reviewing panel shall be of the same | 16 |
| political party. The reviewing panel of election judges shall | 17 |
| make a final determination as to the validity of the contested | 18 |
| ballot. The judges' determination shall not be reviewable | 19 |
| either administratively or judicially. | 20 |
| A ballot subject to this subsection that is determined to | 21 |
| be valid shall be counted before the close of the period for | 22 |
| counting provisional ballots. | 23 |
| (g-10) All ballots determined to be valid shall be added to | 24 |
| the vote totals for the precincts for which they were cast in | 25 |
| the order in which the ballots were opened.
| 26 |
| (h) Each political party,
candidate, and qualified civic |
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LRB096 20053 JAM 35564 b |
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| organization shall be entitled to have
present one pollwatcher | 2 |
| for each panel of election judges therein assigned.
| 3 |
| (Source: P.A. 94-557, eff. 8-12-05; 94-1000, eff. 7-3-06; | 4 |
| 95-699, eff. 11-9-07.)
| 5 |
| (10 ILCS 5/24B-10.1)
| 6 |
| Sec. 24B-10.1. In-Precinct Counting Equipment; Procedures | 7 |
| for Counting and
Tallying Ballots. In an election
jurisdiction | 8 |
| where Precinct Tabulation Optical Scan Technology
counting | 9 |
| equipment is used, the following procedures for
counting and | 10 |
| tallying the ballots shall apply:
| 11 |
| Before the opening of the polls, and before the ballots are
| 12 |
| entered into the automatic tabulating equipment, the judges of
| 13 |
| election shall be sure that the totals are all zeros in the
| 14 |
| counting column. Ballots may then be counted by entering or | 15 |
| scanning
each ballot into the automatic tabulating equipment.
| 16 |
| Throughout the election day and before the closing of the | 17 |
| polls, no person
may check any vote totals for any candidate or | 18 |
| proposition on the automatic
tabulating equipment. Such | 19 |
| automatic tabulating equipment shall be programmed
so that no | 20 |
| person may reset the equipment for refeeding of ballots unless
| 21 |
| provided a code from an authorized representative of the | 22 |
| election
authority.
At the option of the election authority, | 23 |
| the ballots may be fed into the
Precinct Tabulation Optical | 24 |
| Scan Technology
equipment by the voters under the direct
| 25 |
| supervision of the judges of elections.
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| Immediately after the closing of the polls, the precinct | 2 |
| judges of election shall open the ballot box
and determine the | 3 |
| number of ballots cast and the number of applications to vote | 4 |
| that have been made. If the number of ballots cast and the | 5 |
| number of applications to vote do not agree, that fact must be | 6 |
| noted on the "Statement of Ballots" required under this Code. | 7 |
| count the number of ballots to determine if the
number agrees | 8 |
| with the number of voters voting as shown on the
Precinct | 9 |
| Tabulation Optical Scan Technology equipment and by the
| 10 |
| applications for ballot or, if the same do not agree, the | 11 |
| judges
of election shall make the ballots agree with the | 12 |
| applications
for ballot in the manner provided by Section 17-18 | 13 |
| of this Code.
The judges of election shall then examine all | 14 |
| ballots which are
in the ballot box to determine whether the | 15 |
| ballots contain the
initials of a precinct judge of election. | 16 |
| If any ballot is not
initialed, it shall be marked on the back | 17 |
| "Defective", initialed
as to such label by all judges | 18 |
| immediately under the word
"Defective" and not counted. The | 19 |
| judges of election shall place
an initialed blank official | 20 |
| ballot in the place of the defective
ballot, so that the count | 21 |
| of the ballots to be counted
on the automatic tabulating | 22 |
| equipment will be the same, and each
"Defective Ballot" and | 23 |
| "Replacement" ballot shall contain the
same serial number which | 24 |
| shall be placed thereon by the judges of
election, beginning | 25 |
| with number 1 and continuing consecutively
for the ballots of | 26 |
| that kind in that precinct. The original
"Defective" ballot |
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| shall be placed in the "Defective Ballot
Envelope" provided for | 2 |
| that purpose.
| 3 |
| If the judges of election have removed a ballot pursuant to | 4 |
| Section 17-18,
have labeled "Defective" a ballot which is not | 5 |
| initialed, or have otherwise
determined under this Code to not | 6 |
| count a ballot originally deposited into a
ballot box, the | 7 |
| judges of election shall be sure that the totals on the
| 8 |
| automatic tabulating equipment are reset to all zeros in the | 9 |
| counting column.
Thereafter the judges of election shall enter | 10 |
| or otherwise scan each ballot
to be counted in the
automatic | 11 |
| tabulating equipment. Resetting the automatic tabulating | 12 |
| equipment
to all zeros and re-entering of ballots to be counted | 13 |
| may occur at the precinct
polling place, the office of the | 14 |
| election authority, or any receiving station
designated by the | 15 |
| election authority. The election authority shall designate
the | 16 |
| place for resetting and re-entering or re-scanning.
| 17 |
| When a Precinct Tabulation Optical Scan Technology
| 18 |
| electronic voting system is used which uses a paper ballot,
the | 19 |
| judges of election shall examine the ballot for valid write-in
| 20 |
| votes as necessary . When the voter has cast a write-in vote, | 21 |
| the judges of
election shall compare the write-in vote with the | 22 |
| votes on the
ballot to determine whether the write-in results | 23 |
| in an overvote
for any office, unless the Precinct Tabulation | 24 |
| Optical Scan
Technology equipment has already done so. In case | 25 |
| of an overvote
for any office, the judges of election, | 26 |
| consisting in each case
of at least one judge of election of |
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| each of the 2 major
political parties, shall make a true | 2 |
| duplicate ballot of all
votes on such ballot except for the | 3 |
| office which is
overvoted, by using the ballot of the precinct | 4 |
| and one of the
marking devices, or equivalent ballot, of the | 5 |
| precinct so as to transfer
all votes
of
the voter, except for | 6 |
| the office overvoted, to a duplicate
ballot. The original | 7 |
| ballot upon which there is an overvote
shall be clearly labeled | 8 |
| "Overvoted Ballot", and each such
"Overvoted Ballot" as well as | 9 |
| its "Replacement" shall contain the
same serial number which | 10 |
| shall be placed thereon by the judges of
election, beginning | 11 |
| with number 1 and continuing consecutively
for the ballots of | 12 |
| that kind in that precinct. The "Overvoted
Ballot" shall be | 13 |
| placed in an envelope provided for that purpose
labeled | 14 |
| "Duplicate Ballot" envelope, and the judges of election
shall | 15 |
| initial the "Replacement" ballots and shall place them with
the | 16 |
| other ballots to be counted on the automatic tabulating
| 17 |
| equipment.
| 18 |
| If any ballot is damaged or defective, or if any ballot
| 19 |
| contains a Voting Defect, so that it cannot properly be counted
| 20 |
| by the automatic tabulating equipment, the voter or the judges | 21 |
| of
election, consisting in each case of at least one judge of
| 22 |
| election of each of the 2 major political parties, shall make a
| 23 |
| true duplicate ballot of all votes on such ballot by using the
| 24 |
| ballot of the precinct and one of the marking devices of the
| 25 |
| precinct, or equivalent. If a damaged ballot, the original | 26 |
| ballot shall be
clearly labeled "Damaged Ballot" and the ballot |
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| so produced shall
be clearly labeled "Damaged Ballot" and the | 2 |
| ballot
so produced shall be clearly labeled "Duplicate Damaged | 3 |
| Ballot", and each
shall contain the same serial number which | 4 |
| shall be placed
by the judges of election, beginning with | 5 |
| number 1 and
continuing consecutively for the ballots of that | 6 |
| kind in the
precinct. The judges of election shall initial the | 7 |
| "Duplicate
Damaged Ballot" ballot and shall enter or otherwise | 8 |
| scan the duplicate
damaged
ballot into the automatic tabulating | 9 |
| equipment. The "Damaged
Ballots" shall be placed in the | 10 |
| "Duplicated Ballots" envelope;
after all ballots have been | 11 |
| successfully read, the judges of
election shall check to make | 12 |
| certain that the Precinct Tabulation
Optical Scan Technology | 13 |
| equipment readout agrees with the number
of voters making | 14 |
| application for ballot in that precinct. The
number shall be | 15 |
| listed on the "Statement of Ballots" form
provided by the | 16 |
| election authority.
| 17 |
| The totals for all candidates and propositions shall be | 18 |
| tabulated. One copy of an "In-Precinct Totals Report" shall be | 19 |
| generated by the automatic tabulating equipment for return to | 20 |
| the election authority. One copy of an "In-Precinct Totals | 21 |
| Report" shall be generated and posted in a conspicuous place | 22 |
| inside the polling place, provided that any authorized | 23 |
| pollwatcher or other official authorized to be present in the | 24 |
| polling place to observe the counting of ballots is present.
| 25 |
| The judges of election shall
provide, if requested, a copy
for | 26 |
| each authorized pollwatcher or other official authorized to
be |
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LRB096 20053 JAM 35564 b |
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| present in the polling place to observe the counting of
| 2 |
| ballots. In addition, sufficient time shall be
provided by the | 3 |
| judges of election to the pollwatchers to allow
them to copy | 4 |
| information from the copy which has been posted.
| 5 |
| The judges of election shall count all unused ballots and
| 6 |
| enter the number on the "Statement of Ballots". All "Spoiled",
| 7 |
| "Defective" and "Duplicated" ballots shall be counted and the
| 8 |
| number entered on the "Statement of Ballots".
| 9 |
| The precinct judges of election shall select a bi-partisan
| 10 |
| team of 2 judges, who shall immediately return the ballots in a
| 11 |
| sealed container, along with all other election materials as
| 12 |
| instructed by the election authority; provided, however, that
| 13 |
| such container must first be sealed by the election judges with
| 14 |
| an filament tape or other approved sealing devices provided for | 15 |
| the
purpose which shall be wrapped around the container | 16 |
| lengthwise
and crosswise, at least twice each way, in a manner | 17 |
| that the
ballots cannot be removed from the container without | 18 |
| breaking
the seal and filament tape and disturbing any | 19 |
| signatures affixed
by the election judges to the container, or | 20 |
| which other approved
sealing devices are affixed in a manner | 21 |
| approved by the election
authority. The election authority | 22 |
| shall keep the office of the
election authority or any | 23 |
| receiving stations designated by the
authority, open for at | 24 |
| least 12 consecutive hours after the polls
close or until the | 25 |
| ballots from all precincts with in-precinct
counting equipment | 26 |
| within the jurisdiction of the election
authority have been |
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| returned to the election authority. Ballots
returned to the | 2 |
| office of the election authority which are not
signed and | 3 |
| sealed as required by law shall not be accepted by the
election | 4 |
| authority until the judges returning the ballots make and
sign | 5 |
| the necessary corrections. Upon acceptance of the ballots
by | 6 |
| the election authority, the judges returning the ballots shall
| 7 |
| take a receipt signed by the election authority and stamped | 8 |
| with
the time and date of the return. The election judges whose | 9 |
| duty
it is to return any ballots as provided shall, in the
| 10 |
| event the ballots cannot be found when needed, on proper
| 11 |
| request, produce the receipt which they are to take as above
| 12 |
| provided. The precinct judges of election shall also deliver
| 13 |
| the Precinct Tabulation Optical Scan Technology equipment to | 14 |
| the
election authority.
| 15 |
| (Source: P.A. 94-645, eff. 8-22-05; 94-1000, eff. 7-3-06; | 16 |
| 95-699, eff. 11-9-07.)
| 17 |
| (10 ILCS 5/24B-15.1)
| 18 |
| Sec. 24B-15.1. Discovery recounts and election contests.
| 19 |
| Except as provided, discovery recounts and election
contests | 20 |
| shall be conducted as otherwise provided for in
this Code. The | 21 |
| automatic Precinct Tabulation
Optical Scan Technology | 22 |
| tabulating equipment shall be tested
prior to the discovery | 23 |
| recount or election contest as provided in
Section 24B-9, and | 24 |
| then the official ballots shall be recounted
on the automatic | 25 |
| tabulating equipment. In addition, (a) the
ballots shall be |
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LRB096 20053 JAM 35564 b |
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| 1 |
| checked for the presence or absence of judges'
initials and | 2 |
| other distinguishing marks, and (b) the ballots
marked | 3 |
| "Rejected", "Defective", "Objected To", "Early Ballot", and | 4 |
| "Absentee
Ballot" shall be examined to determine the propriety | 5 |
| of the
labels, and (c) the "Duplicate Absentee Ballots", | 6 |
| "Duplicate
Overvoted Ballots", "Duplicate Early Ballot", and | 7 |
| "Duplicate Damaged Ballots" shall be
compared with their | 8 |
| respective originals to determine the
correctness of the | 9 |
| duplicates.
| 10 |
| Any person who has filed a petition for discovery recount
| 11 |
| may request that a redundant count be conducted in those
| 12 |
| precincts in which the discovery recount is being conducted. | 13 |
| The
additional costs of a redundant count shall be borne by the
| 14 |
| requesting party.
| 15 |
| The log of the computer operator and all materials retained
| 16 |
| by the election authority in relation to vote tabulation and
| 17 |
| canvass shall be made available for any discovery recount or
| 18 |
| election contest.
| 19 |
| (Source: P.A. 94-645, eff. 8-22-05.)
| 20 |
| (10 ILCS 5/4-12 rep.)
| 21 |
| (10 ILCS 5/4-13 rep.)
| 22 |
| (10 ILCS 5/4-14 rep.)
| 23 |
| (10 ILCS 5/5-15 rep.)
| 24 |
| (10 ILCS 5/5-16 rep.)
| 25 |
| (10 ILCS 5/6-44 rep.)
|
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| (10 ILCS 5/6-45 rep.)
| 2 |
| (10 ILCS 5/6-46 rep.)
| 3 |
| (10 ILCS 5/6-47 rep.)
| 4 |
| (10 ILCS 5/6-48 rep.)
| 5 |
| (10 ILCS 5/19-11 rep.)
| 6 |
| (10 ILCS 5/19A-45 rep.)
| 7 |
| (10 ILCS 5/19A-65 rep.)
| 8 |
| Section 10. The Election Code is amended by repealing | 9 |
| Sections 4-12, 4-13, 4-14, 5-15, 5-16, 6-44, 6-45, 6-46, 6-47, | 10 |
| 6-48, 19-11, 19A-45, and 19A-65.
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LRB096 20053 JAM 35564 b |
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| 1 |
|
INDEX
| 2 |
|
Statutes amended in order of appearance
|
| 3 |
| 10 ILCS 5/17-9 |
from Ch. 46, par. 17-9 |
| 4 |
| 10 ILCS 5/17-16 |
from Ch. 46, par. 17-16 |
| 5 |
| 10 ILCS 5/17-18 |
from Ch. 46, par. 17-18 |
| 6 |
| 10 ILCS 5/18-5 |
from Ch. 46, par. 18-5 |
| 7 |
| 10 ILCS 5/18-9 |
from Ch. 46, par. 18-9 |
| 8 |
| 10 ILCS 5/19-2.1 |
from Ch. 46, par. 19-2.1 |
| 9 |
| 10 ILCS 5/19-5 |
from Ch. 46, par. 19-5 |
| 10 |
| 10 ILCS 5/19-6 |
from Ch. 46, par. 19-6 |
| 11 |
| 10 ILCS 5/19-7 |
from Ch. 46, par. 19-7 |
| 12 |
| 10 ILCS 5/19-8 |
from Ch. 46, par. 19-8 |
| 13 |
| 10 ILCS 5/19-10 |
from Ch. 46, par. 19-10 |
| 14 |
| 10 ILCS 5/19A-35 |
|
| 15 |
| 10 ILCS 5/19A-40 |
|
| 16 |
| 10 ILCS 5/19A-50 |
|
| 17 |
| 10 ILCS 5/20-7 |
from Ch. 46, par. 20-7 |
| 18 |
| 10 ILCS 5/20-8 |
from Ch. 46, par. 20-8 |
| 19 |
| 10 ILCS 5/24B-10.1 |
|
| 20 |
| 10 ILCS 5/24B-15.1 |
|
| 21 |
| 10 ILCS 5/4-12 rep. |
|
| 22 |
| 10 ILCS 5/4-13 rep. |
|
| 23 |
| 10 ILCS 5/4-14 rep. |
|
| 24 |
| 10 ILCS 5/5-15 rep. |
|
| 25 |
| 10 ILCS 5/5-16 rep. |
|
|
|
|
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| 10 ILCS 5/6-44 rep. |
|
| 2 |
| 10 ILCS 5/6-45 rep. |
|
| 3 |
| 10 ILCS 5/6-46 rep. |
|
| 4 |
| 10 ILCS 5/6-47 rep. |
|
| 5 |
| 10 ILCS 5/6-48 rep. |
|
| 6 |
| 10 ILCS 5/19-11 rep. |
|
| 7 |
| 10 ILCS 5/19A-45 rep. |
|
| 8 |
| 10 ILCS 5/19A-65 rep. |
|
| |
|