Full Text of HB3655 100th General Assembly
HB3655 100TH GENERAL ASSEMBLY |
| | 100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018 HB3655 Introduced , by Rep. Sara Wojcicki Jimenez SYNOPSIS AS INTRODUCED: |
| 10 ILCS 5/7-10 | from Ch. 46, par. 7-10 | 10 ILCS 5/7-43 | from Ch. 46, par. 7-43 | 10 ILCS 5/7-44 | from Ch. 46, par. 7-44 | 10 ILCS 5/7-60 | from Ch. 46, par. 7-60 | 10 ILCS 5/19-3 | from Ch. 46, par. 19-3 | 10 ILCS 5/19-4.5 new | | 10 ILCS 5/19-5 | from Ch. 46, par. 19-5 | 10 ILCS 5/19-8 | from Ch. 46, par. 19-8 | 10 ILCS 5/19-12.1 | from Ch. 46, par. 19-12.1 | 10 ILCS 5/20-3 | from Ch. 46, par. 20-3 | 10 ILCS 5/20-4 | from Ch. 46, par. 20-4 | 10 ILCS 5/20-4.5 new | | 10 ILCS 5/20-5 | from Ch. 46, par. 20-5 | 10 ILCS 5/20-8 | from Ch. 46, par. 20-8 | 10 ILCS 5/7-2 rep. | | 10 ILCS 5/7-3 rep. | | 10 ILCS 5/Art. 10 rep. | |
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Amends the Election Code. Creates an open-primary system. Provides that primary ballots shall list each candidate for office, regardless of party affiliation, participating in the primary election. Provides that the 2 candidates in any primary that received the most votes in the primary election, regardless of party affiliation of the candidates, shall be the only 2 candidates certified for participation in the general election. Makes conforming changes.
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| | A BILL FOR |
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| 1 | | AN ACT concerning elections.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Election Code is amended by changing | 5 | | Sections 7-10, 7-43, 7-44, 7-60, 19-3, 19-4, 19-5, 19-8, | 6 | | 19-12.1, 20-3, 20-4, 20-5, and 20-8 and by adding Sections | 7 | | 19-4.5 and 20-4.5 as follows:
| 8 | | (10 ILCS 5/7-10) (from Ch. 46, par. 7-10)
| 9 | | Sec. 7-10. Form of petition for nomination. The name of no | 10 | | candidate for
nomination, or State central committeeman, or | 11 | | township committeeman, or
precinct committeeman, or ward | 12 | | committeeman or candidate for delegate or
alternate delegate to | 13 | | national nominating conventions, shall be printed
upon the | 14 | | primary ballot unless a petition for nomination has been filed | 15 | | in
his behalf as provided in this Article in substantially the | 16 | | following form:
| 17 | | We, the undersigned, members of and affiliated with the | 18 | | .... party
and qualified primary electors of the .... party, in | 19 | | the .... of ....,
in the county of .... and State of Illinois, | 20 | | do hereby petition that
the following named person or persons | 21 | | shall be a candidate or candidates
of the .... party for the | 22 | | nomination for (or in case of committeemen for
election to) the | 23 | | office or offices hereinafter specified, to be voted
for at the |
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| 1 | | primary election to be held on (insert date).
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2 | | Name |
Office |
Address |
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3 | | John Jones |
Governor |
Belvidere, Ill. |
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4 | | Jane James | Lieutenant Governor | Peoria, Ill. |
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5 | | Thomas Smith |
Attorney General |
Oakland, Ill. |
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6 | | Name.................. Address.......................
| 7 | | State of Illinois)
| 8 | | ) ss.
| 9 | | County of........)
| 10 | | I, ...., do hereby certify
that I reside at No. .... | 11 | | street, in the .... of ...., county of ....,
and State of | 12 | | ....., that I am 18 years of age or older, that
I am a citizen | 13 | | of the United States, and that the signatures on this sheet
| 14 | | were signed
in my presence, and are genuine, and that to the | 15 | | best of my knowledge
and belief the persons so signing were at | 16 | | the time of signing the
petitions qualified voters of the .... | 17 | | party , and that their respective
residences are correctly | 18 | | stated, as above set forth.
| 19 | | .........................
| 20 | | Subscribed and sworn to before me on (insert date).
| 21 | | .........................
| 22 | | Each sheet of the petition other than the statement of | 23 | | candidacy and
candidate's statement shall be of uniform size |
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| 1 | | and shall contain above
the space for signatures an appropriate | 2 | | heading giving the information
as to name of candidate or | 3 | | candidates, in whose behalf such petition is
signed; the | 4 | | office, the political party that the candidate prefers, | 5 | | represented and place of
residence; and the heading of each | 6 | | sheet shall be the same.
| 7 | | Such petition shall be signed by qualified primary electors | 8 | | residing
in the political division for which the nomination is | 9 | | sought in their
own proper persons only and opposite the | 10 | | signature of each signer, his
residence address shall be | 11 | | written or printed. The residence address
required to be | 12 | | written or printed opposite each qualified primary elector's
| 13 | | name shall include the street address or rural route number of | 14 | | the signer,
as the case may be, as well as the signer's county, | 15 | | and city, village or
town, and state.
However the county or | 16 | | city, village or town, and state of residence of
the electors | 17 | | may be printed on the petition forms where all of the
electors | 18 | | signing the petition reside in the same county or city, village
| 19 | | or town, and state. Standard abbreviations may be used in | 20 | | writing the
residence address, including street number, if any. | 21 | | At the bottom of
each sheet of such petition shall be added a | 22 | | circulator statement signed by
a person 18 years of age or | 23 | | older who is a citizen of the United States,
stating the street | 24 | | address or rural route number, as the case may be, as well
as | 25 | | the county, city, village or town, and state;
and certifying | 26 | | that the signatures on that sheet of the petition were signed |
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| 1 | | in
his or her presence and certifying that the signatures are | 2 | | genuine; and
either (1) indicating the dates on which that | 3 | | sheet was circulated, or (2)
indicating the first and last | 4 | | dates on which the sheet was circulated, or (3)
certifying that | 5 | | none of the signatures on the sheet were signed more than 90
| 6 | | days preceding the last day for the filing of the petition and | 7 | | certifying that
to the best of his or her knowledge and belief | 8 | | the persons so signing were at
the time of signing the | 9 | | petitions qualified voters of the election political party for
| 10 | | which a nomination is sought. Such statement shall be sworn to | 11 | | before some
officer authorized to administer oaths in this | 12 | | State.
| 13 | | No petition sheet shall be circulated more than 90 days | 14 | | preceding the
last day provided in Section 7-12 for the filing | 15 | | of such petition.
| 16 | | The person circulating the petition, or the candidate on | 17 | | whose behalf the
petition is circulated, may strike any | 18 | | signature from the petition,
provided that:
| 19 | | (1) the person striking the signature shall initial the | 20 | | petition at
the place where the signature is struck; and
| 21 | | (2) the person striking the signature shall sign a | 22 | | certification
listing the page number and line number of | 23 | | each signature struck from
the petition. Such | 24 | | certification shall be filed as a part of the petition.
| 25 | | Such sheets before being filed shall be neatly fastened | 26 | | together in
book form, by placing the sheets in a pile and |
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| 1 | | fastening them together
at one edge in a secure and suitable | 2 | | manner, and the sheets shall then
be numbered consecutively. | 3 | | The sheets shall not be fastened by pasting
them together end | 4 | | to end, so as to form a continuous strip or roll. All
petition | 5 | | sheets which are filed with the proper local election | 6 | | officials,
election authorities or the State Board of Elections | 7 | | shall be the original
sheets which have been signed by the | 8 | | voters and by the circulator thereof,
and not photocopies or | 9 | | duplicates of such sheets. Each petition must include
as a part | 10 | | thereof, a statement of candidacy for each of the candidates | 11 | | filing,
or in whose behalf the petition is filed. This | 12 | | statement shall set out the
address of such candidate, the | 13 | | office for which he is a candidate, shall state
that the | 14 | | candidate is a qualified primary voter of the election for | 15 | | party to which the
petition relates and is qualified for the | 16 | | office specified (in the case of a
candidate for State's | 17 | | Attorney it shall state that the candidate is at the time
of | 18 | | filing such statement a licensed attorney-at-law of this | 19 | | State), shall state
that he has filed (or will file before the | 20 | | close of the petition filing period)
a statement of economic | 21 | | interests as required by the Illinois Governmental
Ethics Act, | 22 | | shall request that the candidate's name be placed upon the | 23 | | official
ballot, and shall be subscribed and sworn to by such | 24 | | candidate before some
officer authorized to take | 25 | | acknowledgment of deeds in the State and shall be in
| 26 | | substantially the following form:
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| 1 | | Statement of Candidacy
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2 | | Name |
Address |
Office |
District |
Party |
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3 | | John Jones |
102 Main St. |
Governor |
Statewide |
Republican |
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4 | | |
Belvidere, |
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5 | | |
Illinois |
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6 | | State of Illinois)
| 7 | | ) ss.
| 8 | | County of .......)
| 9 | | I, ...., being first duly sworn, say that I reside at .... | 10 | | Street in the city
(or village) of ...., in the county of ...., | 11 | | State of Illinois; that I
am a qualified voter therein and am a | 12 | | qualified primary voter of the ....
party ; that I am a | 13 | | candidate for nomination (for election in the case of
| 14 | | committeeman and delegates and alternate delegates) to the | 15 | | office of ....
to be voted upon at the primary election to be | 16 | | held on (insert date); that I am
legally qualified (including
| 17 | | being the holder of any license that may be an eligibility | 18 | | requirement
for the office I seek the nomination for) to hold | 19 | | such office and that I
have filed (or I will file before the | 20 | | close of the petition filing period)
a statement of economic | 21 | | interests as required by the Illinois
Governmental Ethics Act | 22 | | and I hereby request that my name be printed
upon the official | 23 | | primary ballot for nomination for (or election to in
the case | 24 | | of committeemen and delegates and alternate delegates) such
| 25 | | office.
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| 1 | | Signed ......................
| 2 | | Subscribed and sworn to (or affirmed) before me by ...., | 3 | | who is to me
personally known, on (insert date).
| 4 | | Signed ....................
| 5 | | (Official Character)
| 6 | | (Seal, if officer has one.)
| 7 | | The petitions, when filed, shall not be withdrawn or added | 8 | | to, and no
signatures shall be revoked except by revocation | 9 | | filed in writing with
the State Board of Elections, election | 10 | | authority or local election
official with whom the petition is | 11 | | required to be filed, and before the
filing of such petition. | 12 | | Whoever forges the name of a signer upon any
petition required | 13 | | by this Article is deemed guilty of a forgery and on
conviction | 14 | | thereof shall be punished accordingly.
| 15 | | A candidate for the offices listed in this Section must | 16 | | obtain the number
of signatures specified in this Section on | 17 | | his or her petition for nomination.
| 18 | | (a) Statewide office or delegate to a national nominating | 19 | | convention. If a
candidate seeks to run for statewide office or | 20 | | as a delegate or alternate
delegate to a national nominating | 21 | | convention elected from the State at-large,
then the | 22 | | candidate's petition for nomination must contain at least 5,000 | 23 | | but
not more than 10,000 signatures.
| 24 | | (b) Congressional office or congressional delegate to a | 25 | | national nominating
convention. If a candidate seeks to run for |
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| 1 | | United States Congress or as a
congressional delegate or | 2 | | alternate congressional delegate to a national
nominating | 3 | | convention elected from a congressional district, then the
| 4 | | candidate's petition for nomination must contain at least the | 5 | | number of
signatures equal to 0.5% of the qualified primary | 6 | | electors of his or her party
in his or her congressional | 7 | | district. In the first primary election following a
| 8 | | redistricting of congressional districts, a candidate's | 9 | | petition for nomination
must contain at least 600 signatures of | 10 | | qualified primary electors of the
candidate's political party | 11 | | in his or her congressional district.
| 12 | | (c) County office. If a candidate seeks to run for any | 13 | | countywide office,
including but not limited to county board | 14 | | chairperson or county board
member, elected on an at-large | 15 | | basis, in a county other than Cook County,
then the candidate's | 16 | | petition for nomination must contain at least the number
of | 17 | | signatures equal to 0.5% of the qualified electors of his or | 18 | | her party who
cast votes at the last preceding general election | 19 | | in his or her county. If a
candidate
seeks to run for county | 20 | | board member elected from a county board district, then
the | 21 | | candidate's petition for nomination must contain at least the | 22 | | number of
signatures equal to 0.5% of the qualified primary | 23 | | electors of his or her party
in the
county board district. In | 24 | | the first primary election following a redistricting
of county | 25 | | board districts or the initial establishment of county board
| 26 | | districts, a candidate's petition for nomination must contain |
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| 1 | | at least the
number of signatures equal to 0.5% of the | 2 | | qualified electors of his or her
party
in the entire county who | 3 | | cast votes at the last preceding general election
divided by | 4 | | the
total number of county board districts comprising the | 5 | | county board; provided
that
in no event shall the number of | 6 | | signatures be less than 25.
| 7 | | (d) County office; Cook County only.
| 8 | | (1) If a candidate seeks to run for countywide office | 9 | | in Cook County,
then the candidate's petition for | 10 | | nomination must contain at least the number
of signatures | 11 | | equal to 0.5% of the qualified electors of his or her party | 12 | | who
cast votes at the last preceding general election in | 13 | | Cook County.
| 14 | | (2) If a candidate seeks to run for Cook County Board | 15 | | Commissioner,
then the candidate's petition for nomination | 16 | | must contain at least the number
of signatures equal to | 17 | | 0.5% of
the qualified primary electors of his or her party | 18 | | in his or her county board
district. In the first primary | 19 | | election following a redistricting of Cook
County Board of | 20 | | Commissioners districts, a candidate's petition for
| 21 | | nomination must contain at least the number of signatures | 22 | | equal to 0.5% of
the qualified electors of his or her party | 23 | | in the entire county who cast votes
at the last
preceding | 24 | | general election divided by the total number of county | 25 | | board
districts comprising the county board; provided that | 26 | | in no event shall the
number of signatures be less than 25.
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| 1 | | (3) If a candidate seeks to run for Cook County Board | 2 | | of Review
Commissioner, which is elected from a district | 3 | | pursuant to subsection (c)
of Section 5-5 of the Property | 4 | | Tax Code, then the candidate's petition for
nomination must | 5 | | contain at least the number of signatures equal to 0.5% of
| 6 | | the total number of registered voters in his or her board | 7 | | of
review district in the last general election at which a | 8 | | commissioner was
regularly scheduled to be elected from | 9 | | that board of review district. In no
event shall the number | 10 | | of signatures required be greater than the requisite
number | 11 | | for a candidate who seeks countywide office in Cook County
| 12 | | under subsection (d)(1) of this Section. In the first | 13 | | primary election
following a redistricting of Cook County | 14 | | Board of Review districts, a
candidate's petition for | 15 | | nomination must contain at least 4,000 signatures
or at | 16 | | least the number of signatures required for a countywide | 17 | | candidate in
Cook County, whichever is less,
of the | 18 | | qualified electors of his or her party in the district.
| 19 | | (e) Municipal or township office. If a candidate seeks to | 20 | | run for municipal
or township office, then the candidate's | 21 | | petition for nomination must contain
at least the number of | 22 | | signatures equal to 0.5% of the qualified primary
electors of | 23 | | his or her party in the municipality or township. If a | 24 | | candidate
seeks to run for alderman of a municipality, then the | 25 | | candidate's petition for
nomination must contain at least the | 26 | | number of signatures equal to 0.5% of the
qualified primary |
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| 1 | | electors of his or her party of the ward. In the first
primary | 2 | | election following redistricting of aldermanic wards or | 3 | | trustee
districts of a municipality or the initial | 4 | | establishment of wards or districts,
a candidate's petition for | 5 | | nomination must contain the number of signatures
equal to at | 6 | | least 0.5% of the total number of votes cast for the candidate | 7 | | of
that political party who received the highest number of | 8 | | votes in the entire
municipality at the last regular election | 9 | | at which an officer was regularly
scheduled to be elected from
| 10 | | the entire municipality, divided by the number of wards or | 11 | | districts. In no
event shall the number of signatures be less | 12 | | than 25.
| 13 | | (f) State central committeeperson. If a candidate seeks to | 14 | | run for State
central committeeperson, then the candidate's | 15 | | petition for nomination must
contain at least 100 signatures of | 16 | | the primary electors of his or her party of
his or
her | 17 | | congressional district.
| 18 | | (g) Sanitary district trustee. If a candidate seeks to run | 19 | | for trustee of a
sanitary district in which trustees are not | 20 | | elected from wards, then the
candidate's petition for | 21 | | nomination must contain at least the number of
signatures equal | 22 | | to 0.5% of the primary electors of his or her party from the
| 23 | | sanitary district. If a candidate seeks to run for trustee
of a | 24 | | sanitary district in which trustees are elected from wards, | 25 | | then the
candidate's petition for
nomination must contain at | 26 | | least the number of signatures equal to 0.5% of the
primary |
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| 1 | | electors of his or her party in the ward of that sanitary | 2 | | district. In
the
first primary election following | 3 | | redistricting of sanitary districts elected
from wards, a | 4 | | candidate's petition for nomination must contain at least the
| 5 | | signatures of 150 qualified primary electors of his or her ward | 6 | | of that
sanitary district.
| 7 | | (h) Judicial office. If a candidate seeks to run for | 8 | | judicial office in a district, then the candidate's petition | 9 | | for nomination must contain the number of signatures equal to | 10 | | 0.4% of the number of votes cast in that district for the | 11 | | candidate for his or her political party for the office of | 12 | | Governor at the last general election at which a Governor was | 13 | | elected, but in no event less than 500 signatures. If a | 14 | | candidate seeks to run for judicial office in a
circuit or | 15 | | subcircuit, then the candidate's petition for nomination
must | 16 | | contain the number of signatures equal to 0.25% of the number | 17 | | of votes
cast for the judicial candidate of his or her | 18 | | political party who received the
highest number of votes
at the | 19 | | last general election at which a judicial
officer from the same | 20 | | circuit or subcircuit was regularly scheduled
to be elected, | 21 | | but in no event less than 1,000 signatures in circuits and | 22 | | subcircuits located in the First Judicial District or 500 | 23 | | signatures in every other Judicial District.
| 24 | | (i) Precinct, ward, and township committeeperson. If a | 25 | | candidate seeks to
run for precinct committeeperson, then the | 26 | | candidate's petition for nomination
must contain at least 10 |
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| 1 | | signatures of the primary electors of his or her
party for the | 2 | | precinct. If a candidate seeks to run for ward committeeperson,
| 3 | | then the candidate's petition for nomination must contain no | 4 | | less than the
number of signatures equal to 10% of the primary | 5 | | electors of his or her party
of the ward, but no more than 16% | 6 | | of those same electors; provided that the
maximum number of | 7 | | signatures may be 50 more than the minimum number, whichever
is | 8 | | greater. If a candidate seeks to run for township | 9 | | committeeperson, then the
candidate's petition for nomination | 10 | | must contain no less than the number of
signatures equal to 5% | 11 | | of the primary electors of his or her party of the
township, | 12 | | but no more than 8% of those same electors;
provided that the | 13 | | maximum number of signatures may be 50 more than the
minimum | 14 | | number, whichever is greater.
| 15 | | (j) State's attorney or regional superintendent of schools | 16 | | for multiple
counties. If
a candidate seeks to run for State's | 17 | | attorney or regional Superintendent of
Schools who serves more | 18 | | than one county, then the candidate's petition for
nomination | 19 | | must contain at least the number of signatures equal to 0.5% of | 20 | | the
primary electors of his or her party in the territory | 21 | | comprising the counties.
| 22 | | (k) Any other office. If a candidate seeks any other | 23 | | office, then the
candidate's petition for nomination must | 24 | | contain at least the number of
signatures equal to 0.5% of the | 25 | | registered voters of the political subdivision,
district, or | 26 | | division for which the nomination is made or 25 signatures,
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| 1 | | whichever is greater.
| 2 | | For purposes of this Section the number of primary electors | 3 | | shall be
determined by taking the total vote cast, in the | 4 | | applicable district, for the
candidate for that political party | 5 | | who received the highest number of votes,
statewide, at the | 6 | | last general election in the State at which electors for
| 7 | | President of the United States were elected. For political | 8 | | subdivisions, the
number of primary electors shall be | 9 | | determined by taking the total vote
cast for the candidate for | 10 | | that political party who received the highest number
of votes | 11 | | in the political subdivision at the last regular election at | 12 | | which an
officer was regularly scheduled to be elected from | 13 | | that subdivision. For wards
or districts of political | 14 | | subdivisions, the number of primary electors shall be
| 15 | | determined by taking the total vote cast for the candidate for | 16 | | that political
party who received the highest number of votes | 17 | | in the ward or district at the
last regular election at which | 18 | | an officer was regularly scheduled to be elected
from that ward | 19 | | or district.
| 20 | | A "qualified primary elector" of a party may not
sign | 21 | | petitions for or be a candidate in the primary of more than
one | 22 | | party.
| 23 | | The changes made to this Section of this amendatory Act of | 24 | | the 93rd General
Assembly are declarative of existing law, | 25 | | except for item (3) of subsection
(d).
| 26 | | Petitions of candidates for nomination for offices herein |
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| 1 | | specified,
to be filed with the same officer, may contain the | 2 | | names of 2 or more
candidates of the same political party for | 3 | | the same or different
offices. In the case of the offices of | 4 | | Governor and Lieutenant Governor, a joint petition including | 5 | | one candidate for each of those offices must be filed.
| 6 | | (Source: P.A. 96-1018, eff. 1-1-11; 97-81, eff. 7-5-11.)
| 7 | | (10 ILCS 5/7-43) (from Ch. 46, par. 7-43)
| 8 | | Sec. 7-43. Every person having resided in this State 6 | 9 | | months and
in the precinct 30 days next preceding any primary | 10 | | therein who shall be
a citizen of the United States of the age | 11 | | of 18 or more
years shall be
entitled to vote at such primary.
| 12 | | The following regulations shall be applicable to | 13 | | primaries:
| 14 | | No person shall be entitled to vote at a primary:
| 15 | | (a) Unless he declares his party affiliations as | 16 | | required by this
Article.
| 17 | | (b) (Blank).
| 18 | | (c) (Blank).
| 19 | | (c.5) If that person has participated in the town | 20 | | political party caucus,
under Section 45-50 of the | 21 | | Township Code, of another political party by
signing an | 22 | | affidavit of voters attending the caucus within 45 days | 23 | | before the
first day of the calendar month in which the | 24 | | primary is held.
| 25 | | (d) (Blank).
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| 1 | | (a) In cities, villages , and incorporated towns having | 2 | | a board of
election commissioners , only voters registered | 3 | | as provided by Article 6
of this Act shall be entitled to | 4 | | vote at such primary.
| 5 | | (b) No person shall be entitled to vote at a primary | 6 | | unless he or she is
registered under the provisions of | 7 | | Articles 4, 5 , or 6 of this Act, when
his registration is | 8 | | required by any of said Articles to entitle him or her to
| 9 | | vote at the election with reference to which the primary is | 10 | | held.
| 11 | | A person (i) who filed a statement of candidacy for a | 12 | | partisan office as a qualified primary voter of an established | 13 | | political party or (ii) who voted the ballot of an established | 14 | | political party at a general primary election may not file a | 15 | | statement of candidacy as a candidate of a different | 16 | | established political party or as an independent candidate for | 17 | | a partisan office to be filled at the general election | 18 | | immediately following the general primary for which the person | 19 | | filed the statement or voted the ballot. A person may file a | 20 | | statement of candidacy for a partisan office as a qualified | 21 | | primary voter of an established political party regardless of | 22 | | any prior filing of candidacy for a partisan office or voting | 23 | | the ballot of an established political party at any prior | 24 | | election. | 25 | | (Source: P.A. 97-681, eff. 3-30-12; 98-463, eff. 8-16-13.)
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| 1 | | (10 ILCS 5/7-44) (from Ch. 46, par. 7-44)
| 2 | | Sec. 7-44. Voters; primary ballot. Any person desiring | 3 | | to vote at a primary shall state his or her name and ,
| 4 | | residence and party affiliation to the primary judges, one of | 5 | | whom shall
thereupon announce the same in a distinct tone of | 6 | | voice, sufficiently loud
to be heard by all persons in the | 7 | | polling place. When article 4, 5 , or 6
is applicable the | 8 | | Certificate of Registered Voter therein prescribed shall
be | 9 | | made and signed and the official poll record shall be made. If | 10 | | the
person desiring to vote is not challenged, one of the | 11 | | primary judges shall
give to him or her one , and only one, | 12 | | primary ballot listing each candidate for office, regardless of | 13 | | party affiliation, participating in the primary election of the | 14 | | political party with
which he declares himself affiliated , on | 15 | | the back of which the such primary
judge shall endorse his or | 16 | | her initials in such manner that they may be seen when
the | 17 | | primary ballot is properly folded. If the person desiring to | 18 | | vote is
challenged he or she shall not receive a primary ballot | 19 | | from the primary judges
until he or she shall have established | 20 | | his or her right to vote as hereinafter provided in this | 21 | | Article .
No person who refuses to state his party affiliation | 22 | | shall be allowed to
vote at a primary.
| 23 | | A person who declares his party affiliation with a | 24 | | statewide established
political party and requests a primary | 25 | | ballot of such party may nonetheless
also declare his | 26 | | affiliation with a political party established only within
a |
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| 1 | | political subdivision, and may also vote in the primary of such | 2 | | local
party on the same election day, provided that such voter | 3 | | may not vote in
both such party primaries with respect to | 4 | | offices of the same political
subdivision. However, no person | 5 | | declaring his affiliation with a statewide
established | 6 | | political party may vote in the primary of any other statewide
| 7 | | political party on the same election day.
| 8 | | (Source: P.A. 81-1535.)
| 9 | | (10 ILCS 5/7-60) (from Ch. 46, par. 7-60)
| 10 | | Sec. 7-60. Not less than 74 days before the date of the | 11 | | general
election, the State Board of Elections shall certify to | 12 | | the county clerks
the names of each of the candidates who have | 13 | | been nominated as shown by the
proclamation of the State Board | 14 | | of Elections as a canvassing board or who
have been nominated | 15 | | to fill a vacancy in nomination and direct the election
| 16 | | authority to place upon the official ballot for the general | 17 | | election the
names of such candidates in the same manner and in | 18 | | the same order as shown
upon the certification, except as | 19 | | otherwise provided in this Section.
| 20 | | Notwithstanding any other provision of law, the 2 | 21 | | candidates in any primary that received the most votes in the | 22 | | primary election, regardless of party affiliation of the | 23 | | candidates, shall be the only 2 candidates certified for | 24 | | participation in the general election. | 25 | | Not less than 68 days before the date of the general |
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| 1 | | election, each
county clerk shall certify the names of each of | 2 | | the candidates for county
offices who have been nominated as | 3 | | shown by the proclamation of the county
election authority or | 4 | | who have been nominated to fill a vacancy in nomination
and | 5 | | declare that the names of such candidates for the respective | 6 | | offices
shall be placed upon the official ballot for the | 7 | | general election in the
same manner and in the same order as | 8 | | shown upon the certification, except
as otherwise provided by | 9 | | this Section. Each county clerk shall place a
copy of the | 10 | | certification on file in his or her office and at the same
time | 11 | | issue to the State Board of Elections a copy of such | 12 | | certification.
In addition, each county clerk in whose county | 13 | | there is a board of election
commissioners shall, not less than | 14 | | 68 days before the date of the general
election, issue to such | 15 | | board a copy of the certification that has been
filed in the | 16 | | county clerk's office, together with a copy of the
| 17 | | certification that has been issued to the clerk by the State | 18 | | Board of
Elections, with directions to the board of election | 19 | | commissioners to place
upon the official ballot for the general | 20 | | election in that election
jurisdiction the names of all | 21 | | candidates that are listed on such
certifications, in the same | 22 | | manner and in the same order as shown upon such
certifications, | 23 | | except as otherwise provided in this Section.
| 24 | | Whenever there are two or more persons nominated by the | 25 | | same political
party for multiple offices for any board, the | 26 | | name of the candidate of such
party receiving the highest |
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| 1 | | number of votes in the primary election as a
candidate for such | 2 | | office, as shown by the official election returns of the
| 3 | | primary, shall be certified first under the name of such | 4 | | offices, and the
names of the remaining candidates of such | 5 | | party for such offices shall
follow in the order of the number | 6 | | of votes received by them respectively at
the primary election | 7 | | as shown by the official election results.
| 8 | | No person who is shown by the final
proclamation to have
| 9 | | been nominated or elected at the primary as a write-in | 10 | | candidate shall have his or her
name certified unless such | 11 | | person shall have filed with the certifying
office or board | 12 | | within 10 days after the election authority's proclamation
a | 13 | | statement of candidacy pursuant to Section 7-10, a statement | 14 | | pursuant
to Section 7-10.1, and a receipt for the filing of a | 15 | | statement of economic interests in relation to the unit of | 16 | | government to which he or she has been elected or nominated.
| 17 | | Each county clerk and board of election commissioners shall | 18 | | determine
by a fair and impartial method of random selection | 19 | | the order of placement
of established political party | 20 | | candidates for the general election ballot.
Such determination | 21 | | shall be made within 30 days following the canvass and | 22 | | proclamation
of the results of the general primary
in the | 23 | | office of the county clerk or board of election commissioners | 24 | | and
shall be open to the public. Seven days written notice of | 25 | | the time and place
of conducting such random selection shall be | 26 | | given, by each such election
authority, to the County Chairman |
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| 1 | | of each established political party, and
to each organization | 2 | | of citizens within the election jurisdiction which
was | 3 | | entitled, under this Article, at the next preceding election, | 4 | | to have
pollwatchers present on the day of election. Each | 5 | | election authority shall
post in a conspicuous, open and public | 6 | | place, at the entrance of the election
authority office, notice | 7 | | of the time and place of such lottery. However,
a board of | 8 | | election commissioners may elect to place established | 9 | | political
party candidates on the general election ballot in | 10 | | the same order determined
by the county clerk of the county in | 11 | | which the city under the jurisdiction
of such board is located.
| 12 | | Each certification shall indicate, where applicable, the | 13 | | following:
| 14 | | (1) The political party affiliation of the candidates | 15 | | for the respective offices;
| 16 | | (2) If there is to be more than one candidate elected | 17 | | to an office from
the State, political subdivision or | 18 | | district;
| 19 | | (3) If the voter has the right to vote for more than | 20 | | one candidate for an office;
| 21 | | (4) The term of office, if a vacancy is to be filled | 22 | | for less than a
full term or if the offices to be filled in | 23 | | a political subdivision are for
different terms.
| 24 | | The State Board of Elections or the county clerk, as the | 25 | | case may be,
shall issue an amended certification whenever it | 26 | | is discovered that the
original certification is in error.
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| 1 | | (Source: P.A. 96-1008, eff. 7-6-10.)
| 2 | | (10 ILCS 5/19-3) (from Ch. 46, par. 19-3) | 3 | | Sec. 19-3. The
application for vote by mail ballot shall be | 4 | | substantially in the
following form: | 5 | | APPLICATION FOR VOTE BY MAIL BALLOT | 6 | | To be voted at the .... election in the County of .... and | 7 | | State of
Illinois, in the .... precinct of the (1) *township of | 8 | | .... (2) *City of
.... or (3) *.... ward in the City of .... | 9 | | I state that I am a resident of the .... precinct of the | 10 | | (1)
*township of .... (2) *City of .... or (3) *.... ward in | 11 | | the city of
.... residing at .... in such city or town in the | 12 | | county of .... and
State of Illinois; that I have lived at such | 13 | | address for .... month(s)
last past; that I am lawfully | 14 | | entitled to vote in such precinct at the
.... election to be | 15 | | held therein on ....; and that I wish to vote by vote by mail | 16 | | ballot. | 17 | | I hereby make application for an official ballot or ballots | 18 | | to be
voted by me at such election , and I agree that I shall | 19 | | return such ballot or ballots to the
official issuing the same | 20 | | prior to the closing of the polls on the date
of the election | 21 | | or, if returned by mail, postmarked no later than election day, | 22 | | for counting no later than during the period for counting | 23 | | provisional ballots, the last day of which is the 14th day | 24 | | following election day. | 25 | | I understand that this application is made for an official |
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| 1 | | vote by mail ballot or ballots to be voted by me at the | 2 | | election specified in this application and that I must submit a | 3 | | separate application for an official vote by mail ballot or | 4 | | ballots to be voted by me at any subsequent election. | 5 | | Under penalties as provided by law pursuant to Section | 6 | | 29-10 of the
Election Code, the undersigned certifies that the | 7 | | statements set forth
in this application are true and correct. | 8 | | .... | 9 | | *fill in either (1), (2) or (3). | 10 | | Post office address to which ballot is mailed: | 11 | | ............... | 12 | | However, if application is made for a primary election | 13 | | ballot, such
application shall require the applicant to | 14 | | designate the name of the political party with which
the | 15 | | applicant is affiliated. | 16 | | If application is made electronically, the applicant shall | 17 | | mark the box associated with the above described statement | 18 | | included as part of the online application certifying that the | 19 | | statements set forth in this application are true and correct, | 20 | | and a signature is not required. | 21 | | Any person may produce, reproduce, distribute, or return to | 22 | | an election authority the application for vote by mail ballot. | 23 | | Upon receipt, the appropriate election authority shall accept | 24 | | and promptly process any application for vote by mail ballot | 25 | | submitted in a form substantially similar to that required by | 26 | | this Section, including any substantially similar production |
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| 1 | | or reproduction generated by the applicant. | 2 | | (Source: P.A. 98-115, eff. 7-29-13; 98-1171, eff. 6-1-15; | 3 | | 99-522, eff. 6-30-16.) | 4 | | (10 ILCS 5/19-4.5 new) | 5 | | Sec. 19-4.5. Absentee primary ballots. | 6 | | (a) Notwithstanding any other provision of law, a person | 7 | | entitled to vote by absentee ballot at a primary shall not be | 8 | | required to declare his or her political party affiliation, and | 9 | | shall be provided with the ballot listing all candidates for | 10 | | offices for which the absentee voter is entitled to vote at | 11 | | that primary. The ballots provided for absentee voters shall be | 12 | | the same open-primary ballots as provided under 7-44 of this | 13 | | Act. | 14 | | (b) With respect to the marking, casting, and counting of | 15 | | primary ballots, absentee voting shall be conducted in | 16 | | accordance with Sections 7-43 and 7-44 of this Code as well as | 17 | | the provisions of this Article. | 18 | | (10 ILCS 5/19-5) (from Ch. 46, par. 19-5) | 19 | | Sec. 19-5. It shall be the duty of the election authority | 20 | | to fold the
ballot or ballots in the manner specified by the | 21 | | statute for folding
ballots prior to their deposit in the | 22 | | ballot box, and to enclose such
ballot or ballots in an | 23 | | envelope unsealed to be furnished by him, which
envelope shall | 24 | | bear upon the face thereof the name, official title and
post |
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| 1 | | office address of the election authority, and upon the other | 2 | | side
a printed certification in substantially the
following | 3 | | form:
| 4 | | I state that I am a resident of the .... precinct of the | 5 | | (1)
*township of .... (2) *City of .... or (3) *.... ward in | 6 | | the city of
.... residing at .... in such city or town in the | 7 | | county of .... and
State of Illinois, that I have lived at such | 8 | | address for .... months
last past; and that I am lawfully | 9 | | entitled to vote in such precinct at the
.... election to be | 10 | | held on .....
| 11 | | *fill in either (1), (2) or (3).
| 12 | | I further state that I personally marked the enclosed | 13 | | ballot in secret.
| 14 | | Under penalties of perjury as provided by law pursuant to | 15 | | Section 29-10
of The Election Code, the undersigned certifies | 16 | | that the statements set
forth in this certification are true | 17 | | and correct.
| 18 | | .......................
| 19 | | If the ballot is to go to an elector who is physically | 20 | | incapacitated and needs assistance marking the ballot,
the | 21 | | envelope shall bear upon the back thereof a certification in
| 22 | | substantially the following form:
| 23 | | I state that I am a resident of the .... precinct of the | 24 | | (1)
*township of .... (2) *City of .... or (3) *.... ward in | 25 | | the city of
.... residing at .... in such city or town in the | 26 | | county of .... and
State of Illinois, that I have lived at such |
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| 1 | | address for .... months
last past; that I am lawfully entitled | 2 | | to vote in such precinct at the
.... election to be held on | 3 | | ....; that I am physically incapable
of personally marking the | 4 | | ballot for
such election.
| 5 | | *fill in either (1), (2) or (3).
| 6 | | I further state that I marked the enclosed ballot in secret | 7 | | with the assistance of
| 8 | | .................................
| 9 | | (Individual rendering assistance)
| 10 | | .................................
| 11 | | (Residence Address)
| 12 | | Under penalties of perjury as provided by law pursuant to | 13 | | Section 29-10
of The Election Code, the undersigned certifies | 14 | | that the statements set forth
in this certification are true | 15 | | and correct.
| 16 | | .......................
| 17 | | In the case of a voter with a physical
incapacity, marking | 18 | | a ballot in secret includes marking a ballot with the
| 19 | | assistance of another individual, other than a candidate
whose | 20 | | name appears on the ballot (unless the voter is the spouse or a
| 21 | | parent, child, brother, or sister of the candidate),
the | 22 | | voter's employer, an
agent of that employer, or an officer or | 23 | | agent of the voter's union, when
the voter's physical | 24 | | incapacity necessitates such assistance.
| 25 | | In the case of a physically incapacitated voter, marking a | 26 | | ballot in secret includes marking a ballot with the
assistance |
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| 1 | | of another individual, other than a candidate
whose name | 2 | | appears on the ballot (unless the voter is the spouse or a
| 3 | | parent, child, brother, or sister of the candidate), the | 4 | | voter's
employer, an
agent of that employer, or an officer or | 5 | | agent of the voter's union, when
the voter's physical | 6 | | incapacity necessitates such assistance.
| 7 | | Provided, that if the ballot enclosed is to be voted at a | 8 | | primary
election, the certification shall designate the name of | 9 | | the political
party with which the voter is affiliated.
| 10 | | In addition to the above, the election authority shall | 11 | | provide
printed slips giving full instructions regarding the | 12 | | manner of marking
and returning the ballot in order that the | 13 | | same may be counted, and
shall furnish one of such printed | 14 | | slips to each of such applicants at
the same time the ballot is | 15 | | delivered to him.
Such instructions shall include the following | 16 | | statement: "In signing the
certification on the vote by mail | 17 | | ballot envelope, you are attesting that you
personally marked | 18 | | this vote by mail ballot in secret. If you are physically
| 19 | | unable to mark the ballot, a friend or relative may assist you | 20 | | after
completing the enclosed affidavit. Federal and State laws | 21 | | prohibit a
candidate whose name appears on the ballot (unless | 22 | | you
are the spouse or a parent, child, brother, or sister of | 23 | | the candidate), your
employer, your employer's agent or an | 24 | | officer or agent of your union
from assisting voters with | 25 | | physical disabilities."
| 26 | | In addition to the above, if a ballot to be provided to an |
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| 1 | | elector
pursuant to this Section contains a public question | 2 | | described in subsection
(b) of Section 28-6 and the territory | 3 | | concerning which the question is
to be submitted is not | 4 | | described on the ballot due to the space limitations
of such | 5 | | ballot, the election authority shall provide a printed copy of
| 6 | | a notice of the public question, which shall include a | 7 | | description of the
territory in the manner required by Section | 8 | | 16-7. The notice shall be
furnished to the elector at the same | 9 | | time the ballot is delivered to the
elector.
| 10 | | (Source: P.A. 98-1171, eff. 6-1-15; 99-143, eff. 7-27-15.)
| 11 | | (10 ILCS 5/19-8) (from Ch. 46, par. 19-8)
| 12 | | Sec. 19-8. Time and place of counting ballots. | 13 | | (a) (Blank.) | 14 | | (b) Each vote by mail voter's ballot returned to an | 15 | | election authority, by any means authorized by this Article, | 16 | | and received by that election authority before the closing of | 17 | | the polls on election day shall be endorsed by the receiving | 18 | | election authority with the day and hour of receipt and may be | 19 | | processed by the election authority beginning on the day it is | 20 | | received by the election authority in the central ballot | 21 | | counting location of the election authority, but the results of | 22 | | the processing may not be counted until the day of the election | 23 | | after 7:00 p.m., except as provided in subsections (g) and | 24 | | (g-5).
| 25 | | (c) Each vote by mail voter's ballot that is mailed to an |
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| 1 | | election authority and postmarked no later than election day, | 2 | | but that is received by the election authority after the polls | 3 | | close on election day and before the close of the period for | 4 | | counting provisional ballots cast at that election, shall be | 5 | | endorsed by the receiving authority with the day and hour of | 6 | | receipt and shall be counted at the central ballot counting | 7 | | location of the election authority during the period for | 8 | | counting provisional ballots. | 9 | | Each vote by mail voter's ballot that is mailed to an | 10 | | election authority absent a postmark or a barcode usable with | 11 | | an intelligent mail barcode tracking system, but that is | 12 | | received by the election authority after the polls close on | 13 | | election day and before the close of the period for counting | 14 | | provisional ballots cast at that election, shall be endorsed by | 15 | | the receiving authority with the day and hour of receipt, | 16 | | opened to inspect the date inserted on the certification, and, | 17 | | if the certification date is election day or earlier and the | 18 | | ballot is otherwise found to be valid under the requirements of | 19 | | this Section, counted at the central ballot counting location | 20 | | of the election authority during the period for counting | 21 | | provisional ballots. Absent a date on the certification, the | 22 | | ballot shall not be counted.
| 23 | | If an election authority is using an intelligent mail | 24 | | barcode tracking system, a ballot that is mailed to an election | 25 | | authority absent a postmark may be counted if the intelligent | 26 | | mail barcode tracking system verifies the envelope was mailed |
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| 1 | | no later than election day. | 2 | | (d) Special write-in vote by mail voter's blank ballots | 3 | | returned to an election authority, by any means authorized by | 4 | | this Article, and received by the election authority at any | 5 | | time before the closing of the polls on election day shall be | 6 | | endorsed by the receiving election authority with the day and | 7 | | hour of receipt and shall be counted at the central ballot | 8 | | counting location of the election authority during the same | 9 | | period provided for counting vote by mail voters' ballots under | 10 | | subsections (b), (g), and (g-5). Special write-in vote by mail | 11 | | voter's blank ballots that are mailed to an election authority | 12 | | and postmarked no later than election day, but that are | 13 | | received by the election authority after the polls close on | 14 | | election day and before the closing of the period for counting | 15 | | provisional ballots cast at that election, shall be endorsed by | 16 | | the receiving authority with the day and hour of receipt and | 17 | | shall be counted at the central ballot counting location of the | 18 | | election authority during the same periods provided for | 19 | | counting vote by mail voters' ballots under subsection (c). | 20 | | (e) Except as otherwise provided in this Section, vote by | 21 | | mail voters' ballots and special write-in vote by mail voter's | 22 | | blank ballots received by the election authority after the | 23 | | closing of the polls on an
election day shall be endorsed by | 24 | | the election authority receiving them
with the day and hour of | 25 | | receipt and shall be safely kept unopened by the
election | 26 | | authority for the period of time required for the preservation |
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| 1 | | of
ballots used at the election, and shall then, without being | 2 | | opened, be
destroyed in like manner as the used ballots of that | 3 | | election.
| 4 | | (f) Counting required under this Section to begin on | 5 | | election day after the closing of the polls shall commence no | 6 | | later than 8:00 p.m. and shall be conducted
by a panel or | 7 | | panels of election judges appointed in the manner provided
by | 8 | | law. The counting shall continue until all vote by mail voters' | 9 | | ballots and special write-in vote by mail voter's blank ballots | 10 | | required to be counted on election day have been counted.
| 11 | | (g) The procedures set forth in Articles 17 and
18 and,
| 12 | | with respect to primaries, in Section 19-4.5 of this Code shall | 13 | | apply to all ballots counted under
this Section. In addition, | 14 | | within 2 days after a vote by mail ballot is received, but in | 15 | | all cases before the close of the period for counting | 16 | | provisional ballots, the election judge or official shall | 17 | | compare the voter's signature on the certification envelope of | 18 | | that vote by mail ballot with the signature of the voter on | 19 | | file in the office of the election authority. If the election | 20 | | judge or official determines that the 2 signatures match, and | 21 | | that the vote by mail voter is otherwise qualified to cast a | 22 | | vote by mail ballot, the election authority shall cast and | 23 | | count the ballot on election day or the day the ballot is | 24 | | determined to be valid, whichever is later, adding the results | 25 | | to the precinct in which the voter is registered. If the | 26 | | election judge or official determines that the signatures do |
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| 1 | | not match, or that the vote by mail voter is not qualified to | 2 | | cast a vote by mail ballot, then without opening the | 3 | | certification envelope, the judge or official shall mark across | 4 | | the face of the certification envelope the word "Rejected" and | 5 | | shall not cast or count the ballot. | 6 | | In addition to the voter's signatures not matching, a vote | 7 | | by mail ballot may be rejected by the election judge or | 8 | | official: | 9 | | (1) if the ballot envelope is open or has been opened | 10 | | and resealed; | 11 | | (2) if the voter has already cast an early or grace | 12 | | period ballot; | 13 | | (3) if the voter voted in person on election day or the | 14 | | voter is not a duly registered voter in the precinct; or | 15 | | (4) on any other basis set forth in this Code. | 16 | | If the election judge or official determines that any of | 17 | | these reasons apply, the judge or official shall mark across | 18 | | the face of the certification envelope the word "Rejected" and | 19 | | shall not cast or count the ballot.
| 20 | | (g-5) If a vote by mail ballot is rejected by the election | 21 | | judge or official for any reason, the election authority shall, | 22 | | within 2 days after the rejection but in all cases before the | 23 | | close of the period for counting provisional ballots, notify | 24 | | the vote by mail voter that his or her ballot was rejected. The | 25 | | notice shall inform the voter of the reason or reasons the | 26 | | ballot was rejected and shall state that the voter may appear |
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| 1 | | before the election authority, on or before the 14th day after | 2 | | the election, to show cause as to why the ballot should not be | 3 | | rejected. The voter may present evidence to the election | 4 | | authority supporting his or her contention that the ballot | 5 | | should be counted. The election authority shall appoint a panel | 6 | | of 3 election judges to review the contested ballot, | 7 | | application, and certification envelope, as well as any | 8 | | evidence submitted by the vote by mail voter. No more than 2 | 9 | | election judges on the reviewing panel shall be of the same | 10 | | political party. The reviewing panel of election judges shall | 11 | | make a final determination as to the validity of the contested | 12 | | vote by mail ballot. The judges' determination shall not be | 13 | | reviewable either administratively or judicially. | 14 | | A vote by mail ballot subject to this subsection that is | 15 | | determined to be valid shall be counted before the close of the | 16 | | period for counting provisional ballots.
| 17 | | (g-10) All vote by mail ballots determined to be valid | 18 | | shall be added to the vote totals for the precincts for which | 19 | | they were cast in the order in which the ballots were opened.
| 20 | | (h) Each political party, candidate, and qualified civic | 21 | | organization shall be entitled to have present one pollwatcher | 22 | | for each panel of election judges therein assigned.
| 23 | | (Source: P.A. 98-1171, eff. 6-1-15; 99-522, eff. 6-30-16.)
| 24 | | (10 ILCS 5/19-12.1) (from Ch. 46, par. 19-12.1)
| 25 | | Sec. 19-12.1.
Any qualified elector who has secured an |
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| 1 | | Illinois
Person with a Disability Identification Card in | 2 | | accordance with the Illinois
Identification Card Act, | 3 | | indicating that the person named thereon has a Class
1A or | 4 | | Class 2 disability or any qualified voter who has a permanent | 5 | | physical
incapacity of such a nature as to make it improbable | 6 | | that he will be
able to be present at the polls at any future | 7 | | election, or any
voter who is a resident of (i) a federally | 8 | | operated veterans' home, hospital, or facility located in | 9 | | Illinois or (ii) a facility licensed or certified pursuant to
| 10 | | the Nursing Home Care Act, the Specialized Mental Health | 11 | | Rehabilitation Act of 2013, the ID/DD Community Care Act, or | 12 | | the MC/DD Act and has a condition or disability of
such a | 13 | | nature as to make it improbable that he will be able to be | 14 | | present
at the polls at any future election, may secure a | 15 | | voter's identification card for persons with disabilities or a
| 16 | | nursing home resident's identification card, which will enable | 17 | | him to vote
under this Article as a physically incapacitated or | 18 | | nursing home voter. For the purposes of this Section, | 19 | | "federally operated veterans' home, hospital, or facility" | 20 | | means the long-term care facilities at the Jesse Brown VA | 21 | | Medical Center, Illiana Health Care System, Edward Hines, Jr. | 22 | | VA Hospital, Marion VA Medical Center, and Captain James A. | 23 | | Lovell Federal Health Care Center.
| 24 | | Application for a voter's identification card for persons | 25 | | with disabilities or a nursing home resident's
identification | 26 | | card shall be made either: (a) in writing, with voter's
sworn |
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| 1 | | affidavit, to the county clerk or board of election | 2 | | commissioners, as
the case may be, and shall be accompanied
by | 3 | | the affidavit of the attending physician, advanced practice | 4 | | nurse, or a physician assistant specifically describing the
| 5 | | nature of the physical incapacity or the fact that the voter is | 6 | | a nursing
home resident and is physically unable to be present | 7 | | at the polls on election
days; or (b) by presenting, in writing | 8 | | or otherwise, to the county clerk
or board of election | 9 | | commissioners, as the case may be, proof that the
applicant has | 10 | | secured an Illinois Person with a Disability Identification | 11 | | Card
indicating that the person named thereon has a Class 1A or | 12 | | Class 2 disability.
Upon the receipt of either the sworn-to
| 13 | | application and the physician's, advanced practice nurse's, or | 14 | | a physician assistant's affidavit or proof that the applicant | 15 | | has
secured an Illinois Person with a Disability Identification | 16 | | Card indicating that the
person named thereon has a Class 1A or | 17 | | Class 2 disability, the county clerk
or board of election | 18 | | commissioners shall issue a voter's identification card for | 19 | | persons with disabilities or a
nursing home resident's | 20 | | identification
card. Such identification cards shall be issued | 21 | | for a
period of 5 years, upon the expiration of which time the | 22 | | voter may
secure a new card by making application in the same | 23 | | manner as is
prescribed for the issuance of an original card, | 24 | | accompanied by a new
affidavit of the attending physician, | 25 | | advanced practice nurse, or a physician assistant. The date of | 26 | | expiration of such
five-year period shall be made known to any |
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| 1 | | interested person by the
election authority upon the request of | 2 | | such person. Applications for the
renewal of the identification | 3 | | cards shall be mailed to the voters holding
such cards not less | 4 | | than 3 months prior to the date of expiration of the cards.
| 5 | | Each voter's identification card for persons with | 6 | | disabilities or nursing home resident's identification card
| 7 | | shall bear an identification number, which shall be clearly | 8 | | noted on the voter's
original and duplicate registration record | 9 | | cards. In the event the
holder becomes physically capable of | 10 | | resuming normal voting, he must
surrender his voter's | 11 | | identification card for persons with disabilities or nursing | 12 | | home resident's identification
card to the county clerk or | 13 | | board of election commissioners before the next election.
| 14 | | The holder of a voter's identification card for persons | 15 | | with disabilities or a nursing home resident's
identification | 16 | | card may make application by mail for an official ballot
within | 17 | | the time prescribed by Section 19-2. Such application shall | 18 | | contain
the same information as is
included in the form of | 19 | | application for ballot by a physically
incapacitated elector | 20 | | prescribed in Section 19-3 except that it shall
also include | 21 | | the applicant's voter's identification card for persons with | 22 | | disabilities card number
and except that it need not be sworn | 23 | | to. If an examination of the records
discloses that the | 24 | | applicant is lawfully entitled to vote, he shall be
mailed a | 25 | | ballot as provided in Section 19-4 and, if applicable, in | 26 | | Section 19-4.5 . The ballot envelope shall
be the same as that |
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| 1 | | prescribed in Section 19-5 for voters with physical | 2 | | disabilities, and the manner of voting and returning the ballot | 3 | | shall be the
same as that provided in this Article for other | 4 | | vote by mail ballots, except
that a statement to be subscribed | 5 | | to by the voter but which need not be
sworn to shall be placed | 6 | | on the ballot envelope in lieu of the affidavit
prescribed by | 7 | | Section 19-5.
| 8 | | Any person who knowingly subscribes to a false statement in
| 9 | | connection with voting under this Section shall be guilty of a | 10 | | Class A
misdemeanor.
| 11 | | For the purposes of this Section, "nursing home resident" | 12 | | includes a resident of (i) a federally operated veterans' home, | 13 | | hospital, or facility located in Illinois or (ii) a facility | 14 | | licensed under the ID/DD Community Care Act, the MC/DD Act, or | 15 | | the Specialized Mental Health Rehabilitation Act of 2013. For | 16 | | the purposes of this Section, "federally operated veterans' | 17 | | home, hospital, or facility" means the long-term care | 18 | | facilities at the Jesse Brown VA Medical Center, Illiana Health | 19 | | Care System, Edward Hines, Jr. VA Hospital, Marion VA Medical | 20 | | Center, and Captain James A. Lovell Federal Health Care Center. | 21 | | (Source: P.A. 98-104, eff. 7-22-13; 98-1171, eff. 6-1-15; | 22 | | 99-143, eff. 7-27-15; 99-180, eff. 7-29-15; 99-581, eff. | 23 | | 1-1-17; 99-642, eff. 6-28-16 .)
| 24 | | (10 ILCS 5/20-3) (from Ch. 46, par. 20-3)
| 25 | | Sec. 20-3.
The election authority shall furnish the |
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| 1 | | following
applications for registration by mail or vote by mail | 2 | | ballot which shall be
considered a method of application in | 3 | | lieu of the official postcard.
| 4 | | 1. Members of the United States Service, citizens of the | 5 | | United
States temporarily residing outside the territorial | 6 | | limits of the United
States, and certified program participants | 7 | | under the Address Confidentiality
for Victims of Domestic | 8 | | Violence Act may make application within the periods
prescribed | 9 | | in Sections
20-2 or 20-2.1, as the case may be. Such | 10 | | application shall be
substantially in the following form:
| 11 | | "APPLICATION FOR BALLOT
| 12 | | To be voted at the ............ election in the precinct in | 13 | | which is
located my residence at ..............., in the | 14 | | city/village/township of
............(insert home address) | 15 | | County of ........... and State of
Illinois.
| 16 | | I state that I am a citizen of the United States; that on | 17 | | (insert
date of election) I shall have resided in the State of | 18 | | Illinois and in
the election precinct for 30 days; that on the | 19 | | above date I shall be the
age of 18 years or above; that I am | 20 | | lawfully entitled to vote in such
precinct at that election; | 21 | | that I am (check category 1, 2, or 3
below):
| 22 | | 1. ( ) a member of the United States Service,
| 23 | | 2. ( ) a citizen of the United States temporarily residing | 24 | | outside
the territorial limits of the United States and that I | 25 | | expect to be
absent from the said county of my residence on the | 26 | | date of holding such
election, and that I will have no |
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| 1 | | opportunity to vote in person on that
day.
| 2 | | 3. ( ) a certified program participant under the Address
| 3 | | Confidentiality for Victims of Domestic Violence Act.
| 4 | | I hereby make application for an official ballot or ballots | 5 | | to be
voted by me at such election if I am absent from the said | 6 | | county of my
residence, and I agree that I shall return said | 7 | | ballot or ballots to the
election authority postmarked no later | 8 | | than election day, for counting no later than during the period | 9 | | for counting provisional ballots, the last day of which is the | 10 | | 14th day following election day or shall destroy said ballot or | 11 | | ballots.
| 12 | | (Check below only if category 2 or 3 and not previously | 13 | | registered)
| 14 | | ( ) I hereby make application to become registered as a | 15 | | voter and
agree to return the forms and affidavits for | 16 | | registration to the
election authority not later than 30 days | 17 | | before the election.
| 18 | | Under penalties as provided by law pursuant to Article 29 | 19 | | of the
Election Code, the undersigned certifies that the | 20 | | statements set forth
in this application are true and correct.
| 21 | | .........................
| 22 | | Post office address or service address to which | 23 | | registration
materials or ballot should be mailed
| 24 | | .........................
| 25 | | .........................
| 26 | | .........................
|
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| 1 | | ........................"
| 2 | | If application is made for a primary election ballot, such
| 3 | | application shall designate the name of the political party | 4 | | with which
the applicant is affiliated.
| 5 | | Such applications may be obtained from the election | 6 | | authority having
jurisdiction over the person's precinct of | 7 | | residence.
| 8 | | 2. A spouse or dependent of a member of the United States | 9 | | Service,
said spouse or dependent being a registered voter in | 10 | | the county, may
make application on behalf of said person in | 11 | | the office of the election
authority within the periods | 12 | | prescribed in Section 20-2 which shall be
substantially in the | 13 | | following form:
| 14 | | "APPLICATION FOR BALLOT to be voted at the........... election | 15 | | in
the precinct in which is located the residence of the person | 16 | | for whom
this application is made at.............(insert | 17 | | residence address) in
the city/village/township of......... | 18 | | County of.......... and State
of Illinois.
| 19 | | I certify that the following named person................ | 20 | | (insert
name of person) is a member of the United States | 21 | | Service.
| 22 | | I state that said person is a citizen of the United States; | 23 | | that on
(insert date of election) said person shall have | 24 | | resided in the State of
Illinois and in the election precinct | 25 | | for which this application is made
for 30 days; that on the | 26 | | above date said person shall be the age of 18
years or above; |
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| 1 | | that said person is lawfully entitled to vote in such
precinct | 2 | | at that election; that said person is a member of the United
| 3 | | States Service, and that in the course of his duties said | 4 | | person expects
to be absent from his county of residence on the | 5 | | date of holding such
election, and that said person will have | 6 | | no opportunity to vote in
person on that day.
| 7 | | I hereby make application for an official ballot or ballots | 8 | | to be
voted by said person at such election and said person | 9 | | agrees that he
shall return said ballot or ballots to the | 10 | | election authority postmarked no later than election day, for | 11 | | counting no later than during the period for counting | 12 | | provisional ballots, the last day of which is the 14th day | 13 | | following election day, or shall destroy
said ballot or | 14 | | ballots.
| 15 | | I hereby certify that I am the (mother, father, sister, | 16 | | brother,
husband or wife) of the said elector, and that I am a | 17 | | registered voter
in the election precinct for which this | 18 | | application is made. (Strike all
but one that is applicable.)
| 19 | | Under penalties as provided by law pursuant to Article 29 | 20 | | of The
Election Code, the undersigned certifies that the | 21 | | statements set forth
in this application are true and correct.
| 22 | | Name of applicant ......................
| 23 | | Residence address ........................
| 24 | | City/village/township........................
| 25 | | Service address to which ballot should be mailed:
| 26 | | .........................
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| 1 | | .........................
| 2 | | .........................
| 3 | | ........................"
| 4 | | If application is made for a primary election ballot, such
| 5 | | application shall designate the name of the political party | 6 | | with which
the person for whom application is made is | 7 | | affiliated.
| 8 | | Such applications may be obtained from the election | 9 | | authority having
jurisdiction over the voting precinct in which | 10 | | the person for whom
application is made is entitled to vote.
| 11 | | (Source: P.A. 98-1171, eff. 6-1-15; 99-522, eff. 6-30-16 .)
| 12 | | (10 ILCS 5/20-4)
(from Ch. 46, par. 20-4)
| 13 | | Sec. 20-4. Immediately upon the receipt of the official | 14 | | postcard or
an application as provided in Section 20-3 within | 15 | | the times heretofore
prescribed, the election authority shall | 16 | | ascertain whether or not such
applicant is legally entitled to | 17 | | vote as requested, including verification of the applicant's | 18 | | signature by comparison with the signature on the official | 19 | | registration record card, if any. If the election
authority | 20 | | ascertains that the applicant
is lawfully entitled to vote, it | 21 | | shall enter the name, street address,
ward and precinct number | 22 | | of such applicant on a list to be posted in his
or its office in | 23 | | a place accessible to the public.
Within one day after posting | 24 | | the name and other information of an
applicant for a ballot, | 25 | | the election authority shall transmit that name and
posted |
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| 1 | | information to the State Board of Elections, which shall | 2 | | maintain the
names and other information in an electronic | 3 | | format on its website, arranged by
county and accessible to | 4 | | State and local political committees.
As soon as the
official | 5 | | ballot is prepared the election authority shall immediately
| 6 | | deliver the same to the applicant in person, by mail, by | 7 | | facsimile transmission, or by electronic transmission as | 8 | | provided in Section 20-4.5, when applicable, and this Article.
| 9 | | If any such election authority receives a second or | 10 | | additional
application which it believes is from the same | 11 | | person, he or it shall
submit it to the chief judge of the | 12 | | circuit court or any judge of that
court designated by the | 13 | | chief judge. If the chief judge or his designate
determines | 14 | | that the application submitted to him is a second or
additional | 15 | | one, he shall so notify the election authority who shall
| 16 | | disregard the second or additional application.
| 17 | | The election authority shall maintain a list for each | 18 | | election of the
voters to whom it has issued vote by mail | 19 | | ballots. The list
shall be maintained for each precinct within | 20 | | the jurisdiction of the
election authority. Prior to the | 21 | | opening of the polls on election day,
the election authority | 22 | | shall deliver to the judges of election in each
precinct the | 23 | | list of registered voters in that precinct to whom vote by mail
| 24 | | ballots have been issued.
| 25 | | Election authorities may transmit by facsimile or other | 26 | | electronic means a ballot simultaneously with transmitting an |
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| 1 | | application for vote by mail ballot; however, no such ballot | 2 | | shall be counted unless an application has been completed by | 3 | | the voter and the election authority ascertains that the | 4 | | applicant is lawfully entitled to vote as provided in this | 5 | | Section. | 6 | | (Source: P.A. 98-1171, eff. 6-1-15 .)
| 7 | | (10 ILCS 5/20-4.5 new) | 8 | | Sec. 20-4.5. Primary ballots. | 9 | | (a) Notwithstanding any other provision of law, a person | 10 | | entitled to vote by absentee ballot at a primary shall not be | 11 | | required to declare his or her political party affiliation and | 12 | | shall be provided with a ballot including all candidates, | 13 | | regardless of party affiliation of the candidates, for offices | 14 | | for which the absentee voter is entitled to vote at that | 15 | | primary. | 16 | | (b) With respect to the marking, casting, and counting of | 17 | | primary ballots, absentee voting shall be conducted in | 18 | | accordance with Sections 7-43 and 7-44 of this Code as well as | 19 | | the provisions of this Article. | 20 | | (c) When voting absentee at a primary, the voter shall be | 21 | | instructed to discard or otherwise destroy any ballot that the | 22 | | voter does not intend to cast. Such a discarded or destroyed | 23 | | ballot is not the ballot the voter agreed in the absentee | 24 | | ballot application to return to the election authority.
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| 1 | | (10 ILCS 5/20-5) (from Ch. 46, par. 20-5)
| 2 | | Sec. 20-5.
The election authority shall fold the ballot or | 3 | | ballots in
the manner specified by the statute for folding | 4 | | ballots prior to their
deposit in the ballot box and shall | 5 | | enclose such ballot in an envelope
unsealed to be furnished by | 6 | | it, which envelope shall bear upon the face
thereof the name, | 7 | | official title and post office address of the election
| 8 | | authority, and upon the other side of such envelope there shall | 9 | | be
printed a certification in substantially the following form:
| 10 | | "CERTIFICATION
| 11 | | I state that I am a resident/former resident of the ....... | 12 | | precinct of
the city/village/township of ............, | 13 | | (Designation to be made by
Election Authority) or of the .... | 14 | | ward in the city of ...........
(Designation to be made by | 15 | | Election Authority) residing at ................
in said | 16 | | city/village/township in the county of ........... and State of
| 17 | | Illinois; that I am a
| 18 | | 1. ( ) member of the United States Service
| 19 | | 2. ( ) citizen of the United States temporarily residing | 20 | | outside the
territorial limits of the United States
| 21 | | 3. ( ) nonresident civilian citizen
| 22 | | and desire to cast the enclosed ballot pursuant to Article 20 | 23 | | of the The Election
Code; that I am lawfully entitled to vote | 24 | | in such precinct at the ...........
election to be held on | 25 | | ............
| 26 | | I further state that I marked the enclosed ballot in |
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| 1 | | secret.
| 2 | | Under penalties as provided by law pursuant to Article 29 | 3 | | of the The
Election Code, the undersigned certifies that the | 4 | | statements set forth
in this certification are true and | 5 | | correct.
| 6 | | ...............(Name)
| 7 | | .....................
| 8 | | (Service Address)
"
| 9 | | .....................
| 10 | | .....................
| 11 | | .....................
"
| 12 | | If the ballot enclosed is to be voted at a primary | 13 | | election, the
certification shall designate the name of the | 14 | | political party with which
the voter is affiliated.
| 15 | | In addition to the above, the election authority shall | 16 | | provide
printed slips giving full instructions regarding the | 17 | | manner of completing
the forms and affidavits for registration | 18 | | by mail or the manner of marking
and returning the ballot in | 19 | | order that the same may be counted, and
shall furnish one of | 20 | | the printed slips to each of the applicants at the
same time | 21 | | the registration materials or ballot is delivered to him.
| 22 | | In addition to the above, if a ballot to be provided to an | 23 | | elector
pursuant to this Section contains a public question | 24 | | described in subsection
(b) of Section 28-6 and the territory | 25 | | concerning which the question is
to be submitted is not | 26 | | described on the ballot due to the space limitations
of such |
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| 1 | | ballot, the election authority shall provide a printed copy of
| 2 | | a notice of the public question, which shall include a | 3 | | description of the
territory in the manner required by Section | 4 | | 16-7. The
notice shall be furnished to the elector at the same | 5 | | time the ballot
is delivered to the elector.
| 6 | | The envelope in which such registration or such ballot is | 7 | | mailed to the
voter as well as the envelope in which the | 8 | | registration materials or the
ballot is returned by the voter | 9 | | shall have
printed across the face thereof two parallel | 10 | | horizontal red bars, each
one-quarter inch wide, extending from | 11 | | one side of the envelope to the
other side, with an intervening | 12 | | space of one-quarter inch, the top bar
to be one and | 13 | | one-quarter inches from the top of the envelope, and with
the | 14 | | words "Official Election Balloting Material-VIA AIR MAIL" | 15 | | between the
bars. In the upper right corner of such envelope in | 16 | | a box, there shall be
printed the words: "U.S. Postage Paid 42 | 17 | | USC 1973". All printing
on the face of such envelopes shall be | 18 | | in red, including an appropriate
inscription or blank in the | 19 | | upper left corner of return address of sender.
| 20 | | The envelope in which the ballot is returned to the | 21 | | election authority may be delivered (i) by mail, postage paid, | 22 | | (ii) in person, by the spouse, parent, child, brother, or | 23 | | sister of the voter, or (iii) by a company engaged in the | 24 | | business of making deliveries of property and licensed as a | 25 | | motor carrier of property by the Illinois Commerce Commission | 26 | | under the Illinois Commercial Transportation Law. |
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| 1 | | Election authorities transmitting ballots by facsimile or | 2 | | electronic transmission shall, to the extent possible, provide | 3 | | those applicants with the same instructions, certification, | 4 | | and other materials required when sending by mail. | 5 | | (Source: P.A. 98-1171, eff. 6-1-15; revised 10-25-16.)
| 6 | | (10 ILCS 5/20-8) (from Ch. 46, par. 20-8)
| 7 | | Sec. 20-8. Time and place of counting ballots. | 8 | | (a) (Blank.) | 9 | | (b) Each vote by mail voter's ballot returned to an | 10 | | election authority, by any means authorized by this Article, | 11 | | and received by that election authority may be processed by the | 12 | | election authority beginning on the day it is received by the | 13 | | election authority in the central ballot counting location of | 14 | | the election authority, but the results of the processing may | 15 | | not be counted until the day of the election after 7:00 p.m., | 16 | | except as provided in subsections (g) and (g-5).
| 17 | | (c) Each vote by mail voter's ballot that is mailed to an | 18 | | election authority and postmarked no later than election day, | 19 | | but that is received by the election authority after the polls | 20 | | close on election day and before the close of the period for | 21 | | counting provisional ballots cast at that election, shall be | 22 | | endorsed by the receiving authority with the day and hour of | 23 | | receipt and shall be counted at the central ballot counting | 24 | | location of the election authority during the period for | 25 | | counting provisional ballots. |
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| 1 | | Each vote by mail voter's ballot that is mailed to an | 2 | | election authority absent a postmark or a barcode usable with | 3 | | an intelligent mail barcode tracking system, but that is | 4 | | received by the election authority after the polls close on | 5 | | election day and before the close of the period for counting | 6 | | provisional ballots cast at that election, shall be endorsed by | 7 | | the receiving authority with the day and hour of receipt, | 8 | | opened to inspect the date inserted on the certification, and, | 9 | | if the certification date is election day or earlier and the | 10 | | ballot is otherwise found to be valid under the requirements of | 11 | | this Section, counted at the central ballot counting location | 12 | | of the election authority during the period for counting | 13 | | provisional ballots. Absent a date on the certification, the | 14 | | ballot shall not be counted.
| 15 | | If an election authority is using an intelligent mail | 16 | | barcode tracking system, a ballot that is mailed to an election | 17 | | authority absent a postmark may be counted if the intelligent | 18 | | mail barcode tracking system verifies the envelope was mailed | 19 | | no later than election day. | 20 | | (d) Special write-in vote by mail voter's blank ballots | 21 | | returned to an election authority, by any means authorized by | 22 | | this Article, and received by the election authority at any | 23 | | time before the closing of the polls on election day shall be | 24 | | endorsed by the receiving election authority with the day and | 25 | | hour of receipt and shall be counted at the central ballot | 26 | | counting location of the election authority during the same |
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| 1 | | period provided for counting vote by mail voters' ballots under | 2 | | subsections (b), (g), and (g-5). Special write-in vote by mail | 3 | | voter's blank ballot that are mailed to an election authority | 4 | | and postmarked no later than election day, but that are | 5 | | received by the election authority after the polls close on | 6 | | election day and before the closing of the period for counting | 7 | | provisional ballots cast at that election, shall be endorsed by | 8 | | the receiving authority with the day and hour of receipt and | 9 | | shall be counted at the central ballot counting location of the | 10 | | election authority during the same periods provided for | 11 | | counting vote by mail voters' ballots under subsection (c).
| 12 | | (e) Except as otherwise provided in this Section, vote by | 13 | | mail voters' ballots and special write-in vote by mail voter's | 14 | | blank ballots received by the election authority after the | 15 | | closing of the polls on the day of election shall be
endorsed | 16 | | by the person receiving the ballots with the day and hour of
| 17 | | receipt and shall be safely kept unopened by the election | 18 | | authority for
the period of time required for the preservation | 19 | | of ballots used at the
election, and shall then, without being | 20 | | opened, be destroyed in like
manner as the used ballots of that | 21 | | election.
| 22 | | (f) Counting required under this Section to begin on | 23 | | election day after the closing of the polls shall commence no | 24 | | later than 8:00 p.m. and shall be conducted
by a panel or | 25 | | panels of election judges appointed in the manner provided
by | 26 | | law. The counting shall continue until all vote by mail voters' |
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| 1 | | ballots and special write-in vote by mail voter's blank ballots | 2 | | required to be counted on election day have been counted.
| 3 | | (g) The procedures set forth in Articles 17 and
18 and, | 4 | | with respect to primaries, in Section 20-4.5 of this Code shall | 5 | | apply to all ballots counted under
this Section. In addition, | 6 | | within 2 days after a ballot subject to this Article is | 7 | | received, but in all cases before the close of the period for | 8 | | counting provisional ballots, the election judge or official | 9 | | shall compare the voter's signature on the certification | 10 | | envelope of that ballot with the signature of the voter on file | 11 | | in the office of the election authority. If the election judge | 12 | | or official determines that the 2 signatures match, and that | 13 | | the voter is otherwise qualified to cast a ballot under this | 14 | | Article, the election authority shall cast and count the ballot | 15 | | on election day or the day the ballot is determined to be | 16 | | valid, whichever is later, adding the results to the precinct | 17 | | in which the voter is registered. If the election judge or | 18 | | official determines that the signatures do not match, or that | 19 | | the voter is not qualified to cast a ballot under this Article, | 20 | | then without opening the certification envelope, the judge or | 21 | | official shall mark across the face of the certification | 22 | | envelope the word "Rejected" and shall not cast or count the | 23 | | ballot. | 24 | | In addition to the voter's signatures not matching, a | 25 | | ballot subject to this Article may be rejected by the election | 26 | | judge or official: |
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| 1 | | (1) if the ballot envelope is open or has been opened | 2 | | and resealed; | 3 | | (2) if the voter has already cast an early or grace | 4 | | period ballot; | 5 | | (3) if the voter voted in person on election day or the | 6 | | voter is not a duly registered voter in the precinct; or | 7 | | (4) on any other basis set forth in this Code. | 8 | | If the election judge or official determines that any of | 9 | | these reasons apply, the judge or official shall mark across | 10 | | the face of the certification envelope the word "Rejected" and | 11 | | shall not cast or count the ballot. | 12 | | (g-5) If a ballot subject to this Article is rejected by | 13 | | the election judge or official for any reason, the election | 14 | | authority shall, within 2 days after the rejection but in all | 15 | | cases before the close of the period for counting provisional | 16 | | ballots, notify the voter that his or her ballot was rejected. | 17 | | The notice shall inform the voter of the reason or reasons the | 18 | | ballot was rejected and shall state that the voter may appear | 19 | | before the election authority, on or before the 14th day after | 20 | | the election, to show cause as to why the ballot should not be | 21 | | rejected. The voter may present evidence to the election | 22 | | authority supporting his or her contention that the ballot | 23 | | should be counted. The election authority shall appoint a panel | 24 | | of 3 election judges to review the contested ballot, | 25 | | application, and certification envelope, as well as any | 26 | | evidence submitted by the vote by mail voter. No more than 2 |
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| 1 | | election judges on the reviewing panel shall be of the same | 2 | | political party. The reviewing panel of election judges shall | 3 | | make a final determination as to the validity of the contested | 4 | | ballot. The judges' determination shall not be reviewable | 5 | | either administratively or judicially. | 6 | | A ballot subject to this subsection that is determined to | 7 | | be valid shall be counted before the close of the period for | 8 | | counting provisional ballots. | 9 | | (g-10) All ballots determined to be valid shall be added to | 10 | | the vote totals for the precincts for which they were cast in | 11 | | the order in which the ballots were opened.
| 12 | | (h) Each political party,
candidate, and qualified civic | 13 | | organization shall be entitled to have
present one pollwatcher | 14 | | for each panel of election judges therein assigned.
| 15 | | (Source: P.A. 98-1171, eff. 6-1-15; 99-522, eff. 6-30-16.)
| 16 | | (10 ILCS 5/7-2 rep.) | 17 | | (10 ILCS 5/7-3 rep.) | 18 | | (10 ILCS 5/Art. 10 rep.) | 19 | | Section 10. The Election Code is amended by repealing | 20 | | Sections 7-2 and 7-3 and Article 10.
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