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90_SB0096 SEE INDEX Amends the Election Code. Provides for the use of mail-in ballots for the nonpartisan election held in November of odd-numbered years. Provides that the election authority shall mail ballots to each registered voter not more than 40 nor less than 5 days before the date of the election. Establishes procedures for the return of the ballots. Provides for the delivery of ballots to the judges of election. Provides for the casting of mail-in ballots. Provides that the State Board of Elections shall adopt rules and procedures for the implementation of the use of mail-in ballots within 270 days after the effective date of this amendatory Act of 1997. Contains other provisions. Amends the State Mandates Act to require implementation without reimbursement. Effective immediately. LRB9001189MWpc LRB9001189MWpc 1 AN ACT concerning the use of mail-in ballots in certain 2 elections. 3 Be it enacted by the People of the State of Illinois, 4 represented in the General Assembly: 5 Section 5. The Election Code is amended by changing 6 Sections 4-11, 11-7, 12-1, 12-4, 13-1, 13-2, 14-1, 14-3.1, 7 16-5, 17-1, 19-2.1, 24A-6, and 24B-6, and adding Article 19A 8 as follows: 9 (10 ILCS 5/4-11) (from Ch. 46, par. 4-11) 10 Sec. 4-11. Subject to the provisions of Article 19A, at 11 least 2 weeks prior to the general November election in each 12 even numbered year and the nonpartisan election in each 13 odd-numbered year the county clerk shall cause a list to be 14 made for each precinct of all names upon the registration 15 record cards not marked or erased, in alphabetical order, 16 with the address, provided, that such list may be arranged 17 geographically, by street and number, in numerical order, 18 with respect to all precincts in which all, or substantially 19 all residences of voters therein shall be located upon and 20 numbered along streets, avenues, courts, or other highways 21 which are either named or numbered, upon direction either of 22 the county board or of the circuit court. On the list, the 23 county clerk shall indicate, by italics, asterisk, or other 24 means, the names of all persons who have registered since the 25 last regularly scheduled election in the consolidated 26 schedule of elections established in Section 2A-1.1 of this 27 Act. The county clerk shall cause such precinct lists to be 28 printed or typed in sufficient numbers to meet all reasonable 29 demands, and upon application a copy of the same shall be 30 given to any person applying therefor. By such time, the 31 county clerk shall give the precinct lists to the chairman of -2- LRB9001189MWpc 1 a county central committee of an established political party, 2 as such party is defined in Section 10-2 of this Act, or to 3 the chairman's duly authorized representative. Within 30 4 days of the effective date of this Amendatory Act of 1983, 5 the county clerk shall give the precinct lists compiled prior 6 to the general November election of 1982 to the chairman of 7 county central committee of an established political party or 8 to the chairman's duly authorized representative. 9 Prior to the opening of the polls for other elections, 10 the county clerk shall transmit or deliver to the judges of 11 election of each polling place a corrected list of registered 12 voters in the precinct, or the names of persons added to and 13 erased or withdrawn from the list for such precinct. At 14 other times such list, currently corrected, shall be kept 15 available for public inspection in the office of the county 16 clerk. 17 Within 60 days after each general election the county 18 clerk shall indicate by italics, asterisk, or other means, on 19 the list of registered voters in each precinct, each 20 registrant who voted at that general election, and shall 21 provide a copy of such list to the chairman of the county 22 central committee of each established political party or to 23 the chairman's duly authorized representative. 24 Within 60 days after the effective date of this 25 amendatory Act of 1983, the county clerk shall indicate by 26 italics, asterisk, or other means, on the list of registered 27 voters in each precinct, each registrant who voted at the 28 general election of 1982, and shall provide a copy of such 29 coded list to the chairman of the county central committee of 30 each established political party or to the chairman's duly 31 authorized representative. 32 The county clerk may charge a fee to reimburse the actual 33 cost of duplicating each copy of a list provided under 34 either of the 2 preceding paragraphs. -3- LRB9001189MWpc 1 (Source: P.A. 83-1263.) 2 (10 ILCS 5/11-7) (from Ch. 46, par. 11-7) 3 Sec. 11-7. For the purpose of the conduct of any 4 consolidated election, consolidated primary election, 5 nonpartisan election, special municipal primary election or 6 emergency referendum, an election authority may cluster up to 7 four contiguous precincts as provided in this Section, which 8 shall constitute a clustered voting zone. The common polling 9 place for the clustered voting zone shall be located within 10 the territory comprising the clustered precincts. Unless the 11 election authority specifies a larger number, only one 12 election judge shall be appointed or each of the precincts in 13 each clustered voting zone. The use of clustered voting 14 zones in nonpartisan elections shall be subject to the 15 provisions of Article 19A regarding mail-in ballots. 16 The judges so appointed may not all be affiliated with 17 the same political party. 18 The conduct of an election in a clustered voting zone 19 shall be under the general supervision of all the judges of 20 election designated to serve in the clustered voting zone. 21 The designated judges may perform the duties of election 22 judges for the entire clustered voting zone. However, the 23 requirements of Section 17-14 shall apply to voter 24 assistance, the requirements of Section 24-10 shall apply to 25 voter instruction, the requirement of Section 24A-10 shall 26 apply to examination of absentee ballots, and any disputes as 27 to entitlement to vote, challenges, counting of ballots or 28 other matters pertaining directly to voting shall be decided 29 by those designated judges appointed for the precinct in 30 which the affected voter resides or the disputed vote is to 31 be counted. 32 This Section does not apply to any elections in 33 municipalities with more than 1,000,000 inhabitants. -4- LRB9001189MWpc 1 (Source: P.A. 83-685.) 2 (10 ILCS 5/12-1) (from Ch. 46, par. 12-1) 3 Sec. 12-1. At least 60 days prior to each general, 4 consolidated and nonpartisan election, the election authority 5 shall provide public notice, calculated to reach elderly and 6 handicapped voters, of the availability of registration and 7 voting aids under the Federal Voting Accessibility for the 8 Elderly and Handicapped Act, of the availability of 9 assistance in marking the ballot, the procedures for using 10 mail-in ballots in nonpartisan elections subject to Article 11 19A, and procedures for voting by absentee ballot. 12 At least 30 days before any general election, and at 13 least 20 days before any special congressional election, the 14 county clerk shall publish a notice of the election in 2 or 15 more newspapers published in the county, city, village, 16 incorporated town or town, as the case may be, or if there is 17 no such newspaper, then in any 2 or more newspapers published 18 in the county and having a general circulation throughout the 19 community. The notice may be substantially as follows: 20 Notice is hereby given that on (give date), at (give the 21 place of holding the election and the name of the precinct or 22 district) in the county of (name county), an election will be 23 held for (give the title of the several offices to be 24 filled), which election will be open at 6:00 a. m. and 25 continued open until 7:00 p. m. of that day. 26 Dated at .... this .... day of ...., 19... 27 (Source: P.A. 84-808.) 28 (10 ILCS 5/12-4) (from Ch. 46, par. 12-4) 29 Sec. 12-4. Not more than 30 nor less than 10 days prior 30 to the date of the consolidated and nonpartisan elections, 31 each election authority shall publish notice of the election 32 of officers of each political subdivision to be conducted in -5- LRB9001189MWpc 1 his or its jurisdiction on such election date. The notice of 2 election shall be published once in one or more newspapers 3 published in each political subdivision, and if there is no 4 such newspaper, then published once in a local, community 5 newspaper having general circulation in the subdivision, and 6 also once in a newspaper published in the county wherein the 7 political subdivisions or portions thereof, having such 8 elections are situated. 9 The notice shall be substantially in the form prescribed 10 in Section 12-1, and may include notice of the location of 11 the precincts and polling places within or including part of 12 the political subdivision in which the election is to be 13 conducted, and the procedures for using mail-in ballots in 14 nonpartisan elections subject to Article 19A. 15 Not less than 10 days before each such election, the 16 election authority shall publish notice of the precincts and 17 the location of the polling places where the election will be 18 conducted for political subdivisions wholly or partially 19 within its jurisdiction. The election authority shall cause 20 publication in the manner heretofore prescribed for the 21 notice of election. 22 (Source: P.A. 81-963.) 23 (10 ILCS 5/13-1) (from Ch. 46, par. 13-1) 24 Sec. 13-1. In counties not under township organization, 25 the county board of commissioners shall at its meeting in May 26 in each even-numbered year appoint in each election precinct 27 5 capable and discreet electors meeting the qualifications of 28 Section 13-4 to be judges of election. Where neither voting 29 machines nor electronic, mechanical or electric voting 30 systems are used, the county board may, for any precinct with 31 respect to which the board considers such action necessary or 32 desirable in view of the number of voters, and shall for 33 general elections for any precinct containing more than 600 -6- LRB9001189MWpc 1 registered voters, appoint in addition to the 5 judges of 2 election a team of 5 tally judges. In such precincts the 3 judges of election shall preside over the election during the 4 hours the polls are open, and the tally judges, with the 5 assistance of the holdover judges designated pursuant to 6 Section 13-6.2, shall count the vote after the closing of the 7 polls. However, the County Board of Commissioners may appoint 8 3 judges of election to serve in lieu of the 5 judges of 9 election otherwise required by this Section to serve in any 10 emergency referendum, or in any odd-year regular election or 11 in any special primary or special election called for the 12 purpose of filling a vacancy in the office of representative 13 in the United States Congress or to nominate candidates for 14 such purpose. If a nonpartisan election is conducted under 15 Article 19A, the County Board of Commissioners shall appoint 16 a team of 5 tally judges to serve in lieu of the 5 judges of 17 election otherwise required by this Section. The tally 18 judges shall possess the same qualifications and shall be 19 appointed in the same manner and with the same division 20 between political parties as is provided for judges of 21 election. 22 In addition to such precinct judges, the county board of 23 commissioners shall appoint special panels of 3 judges each, 24 who shall possess the same qualifications and shall be 25 appointed in the same manner and with the same division 26 between political parties as is provided for other judges of 27 election. The number of such panels of judges required shall 28 be determined by regulations of the State Board of Elections 29 which shall base the required numbers of special panels on 30 the number of registered voters in the jurisdiction or the 31 number of absentee ballots voted at recent elections, or any 32 combination of such factors. 33 Such appointment shall be confirmed by the court as 34 provided in Section 13-3 of this Article. No more than 3 -7- LRB9001189MWpc 1 persons of the same political party shall be appointed judges 2 of the same election precinct or election judge panel. The 3 appointment shall be made in the following manner: The county 4 board of commissioners shall select and approve 3 persons as 5 judges of election in each election precinct from a certified 6 list, furnished by the chairman of the County Central 7 Committee of the first leading political party in such 8 precinct; and the county board of commissioners shall also 9 select and approve 2 persons as judges of election in each 10 election precinct from a certified list, furnished by the 11 chairman of the County Central Committee of the second 12 leading political party. However, if only 3 judges of 13 election serve in each election precinct, no more than 2 14 persons of the same political party shall be judges of 15 election in the same election precinct; and which political 16 party is entitled to 2 judges of election and which political 17 party is entitled to one judge of election shall be 18 determined in the same manner as set forth in the next two 19 preceding sentences with regard to 5 election judges in each 20 precinct. Such certified list shall be filed with the county 21 clerk not less than 10 days before the annual meeting of the 22 county board of commissioners. Such list shall be arranged 23 according to precincts. The chairman of each county central 24 committee shall, insofar as possible, list persons who reside 25 within the precinct in which they are to serve as judges. 26 However, he may, in his sole discretion, submit the names of 27 persons who reside outside the precinct but within the county 28 embracing the precinct in which they are to serve. He must, 29 however, submit the names of at least 2 residents of the 30 precinct for each precinct in which his party is to have 3 31 judges and must submit the name of at least one resident of 32 the precinct for each precinct in which his party is to have 33 2 judges. The county board of commissioners shall acknowledge 34 in writing to each county chairman the names of all persons -8- LRB9001189MWpc 1 submitted on such certified list and the total number of 2 persons listed thereon. If no such list is filed or such list 3 is incomplete (that is, no names or an insufficient number of 4 names are furnished for certain election precincts), the 5 county board of commissioners shall make or complete such 6 list from the names contained in the supplemental list 7 provided for in Section 13-1.1. The election judges shall 8 hold their office for 2 years from their appointment, and 9 until their successors are duly appointed in the manner 10 provided in this Act. The county board of commissioners shall 11 fill all vacancies in the office of judge of election at any 12 time in the manner provided in this Act. 13 (Source: P.A. 87-1052.) 14 (10 ILCS 5/13-2) (from Ch. 46, par. 13-2) 15 Sec. 13-2. In counties under the township organization 16 the county board shall at its meeting in May in each 17 even-numbered year except in counties containing a population 18 of 3,000,000 inhabitants or over and except when such judges 19 are appointed by election commissioners, select in each 20 election precinct in the county, 5 capable and discreet 21 electors to be judges of election who shall possess the 22 qualifications required by this Act for such judges. Where 23 neither voting machines nor electronic, mechanical or 24 electric voting systems are used, the county board may, for 25 any precinct with respect to which the board considers such 26 action necessary or desirable in view of the number of 27 voters, and shall for general elections for any precinct 28 containing more than 600 registered voters, appoint in 29 addition to the 5 judges of election a team of 5 tally 30 judges. In such precincts the judges of election shall 31 preside over the election during the hours the polls are 32 open, and the tally judges, with the assistance of the 33 holdover judges designated pursuant to Section 13-6.2, shall -9- LRB9001189MWpc 1 count the vote after the closing of the polls. The tally 2 judges shall possess the same qualifications and shall be 3 appointed in the same manner and with the same division 4 between political parties as is provided for judges of 5 election. 6 However, the county board may appoint 3 judges of 7 election to serve in lieu of the 5 judges of election 8 otherwise required by this Section to serve in any emergency 9 referendum, or in any odd-year regular election or in any 10 special primary or special election called for the purpose of 11 filling a vacancy in the office of representative in the 12 United States Congress or to nominate candidates for such 13 purpose. 14 If a nonpartisan election is conducted under Article 19A, 15 the county board shall appoint a team of 5 tally judges to 16 serve in lieu of the 5 judges of election otherwise required 17 by this Section. 18 In addition to such precinct judges, the county board 19 shall appoint special panels of 3 judges each, who shall 20 possess the same qualifications and shall be appointed in the 21 same manner and with the same division between political 22 parties as is provided for other judges of election. The 23 number of such panels of judges required shall be determined 24 by regulations of the State Board of Elections, which shall 25 base the required number of special panels on the number of 26 registered voters in the jurisdiction or the number of 27 absentee ballots voted at recent elections or any combination 28 of such factors. 29 No more than 3 persons of the same political party shall 30 be appointed judges in the same election district or 31 undivided precinct. The election of the judges of election in 32 the various election precincts shall be made in the following 33 manner: The county board shall select and approve 3 of the 34 election judges in each precinct from a certified list -10- LRB9001189MWpc 1 furnished by the chairman of the County Central Committee of 2 the first leading political party in such election precinct 3 and shall also select and approve 2 judges of election in 4 each election precinct from a certified list furnished by the 5 chairman of the County Central Committee of the second 6 leading political party in such election precinct. However, 7 if only 3 judges of election serve in each election precinct, 8 no more than 2 persons of the same political party shall be 9 judges of election in the same election precinct; and which 10 political party is entitled to 2 judges of election and which 11 political party is entitled to one judge of election shall be 12 determined in the same manner as set forth in the next two 13 preceding sentences with regard to 5 election judges in each 14 precinct. The respective County Central Committee chairman 15 shall notify the county board by June 1 of each odd-numbered 16 year immediately preceding the annual meeting of the county 17 board whether or not such certified list will be filed by 18 such chairman. Such list shall be arranged according to 19 precincts. The chairman of each county central committee 20 shall, insofar as possible, list persons who reside within 21 the precinct in which they are to serve as judges. However, 22 he may, in his sole discretion, submit the names of persons 23 who reside outside the precinct but within the county 24 embracing the precinct in which they are to serve. He must, 25 however, submit the names of at least 2 residents of the 26 precinct for each precinct in which his party is to have 3 27 judges and must submit the name of at least one resident of 28 the precinct for each precinct in which his party is to have 29 2 judges. Such certified list, if filed, shall be filed with 30 the county clerk not less than 20 days before the annual 31 meeting of the county board. The county board shall 32 acknowledge in writing to each county chairman the names of 33 all persons submitted on such certified list and the total 34 number of persons listed thereon. If no such list is filed or -11- LRB9001189MWpc 1 the list is incomplete (that is, no names or an insufficient 2 number of names are furnished for certain election 3 precincts), the county board shall make or complete such list 4 from the names contained in the supplemental list provided 5 for in Section 13-1.1. Provided, further, that in any case 6 where a township has been or shall be redistricted, in whole 7 or in part, subsequent to one general election for Governor, 8 and prior to the next, the judges of election to be selected 9 for all new or altered precincts shall be selected in that 10 one of the methods above detailed, which shall be applicable 11 according to the facts and circumstances of the particular 12 case, but the majority of such judges for each such precinct 13 shall be selected from the first leading political party, and 14 the minority judges from the second leading political party. 15 Provided, further, that in counties having a population of 16 1,000,000 inhabitants or over the selection of judges of 17 election shall be made in the same manner in all respects as 18 in other counties, except that the provisions relating to 19 tally judges are inapplicable to such counties and except 20 that the county board shall meet during the month of January 21 for the purpose of making such selection and the chairman of 22 each county central committee shall notify the county board 23 by the preceding October 1 whether or not the certified list 24 will be filed. Such judges of election shall hold their 25 office for 2 years from their appointment and until their 26 successors are duly appointed in the manner provided in this 27 Act. The county board shall fill all vacancies in the office 28 of judges of elections at any time in the manner herein 29 provided. 30 Such selections under this Section shall be confirmed by 31 the circuit court as provided in Section 13-3 of this 32 Article. 33 (Source: P.A. 86-1028; 87-1052.) -12- LRB9001189MWpc 1 (10 ILCS 5/14-1) (from Ch. 46, par. 14-1) 2 Sec. 14-1. The board of election commissioners 3 established or existing under Article 6 shall, at the time 4 and in the manner provided in Section 14-3.1, select and 5 choose 5 electors, men or women, as judges of election for 6 each precinct in such city, village or incorporated town. 7 Where neither voting machines nor electronic, mechanical 8 or electric voting systems are used, the board of election 9 commissioners may, for any precinct with respect to which the 10 board considers such action necessary or desirable in view of 11 the number of voters, and shall for general elections for any 12 precinct containing more than 600 registered voters, appoint 13 in addition to the 5 judges of election a team of 5 tally 14 judges. In such precincts the judges of election shall 15 preside over the election during the hours the polls are 16 open, and the tally judges, with the assistance of the 17 holdover judges designated pursuant to Section 14-5.2, shall 18 count the vote after the closing of the polls. The tally 19 judges shall possess the same qualifications and shall be 20 appointed in the same manner and with the same division 21 between political parties as is provided for judges of 22 election. The foregoing provisions relating to the 23 appointment of tally judges are inapplicable in counties with 24 a population of 1,000,000 or more. 25 If a nonpartisan election is conducted under Article 19A, 26 the board of election commissioners shall appoint a team of 5 27 tally judges to serve in lieu of the 5 judges of election 28 otherwise required by this Section. 29 To qualify as judges the electors must: 30 (1) be citizens of the United States; 31 (2) be of good repute and character; 32 (3) be able to speak, read and write the English 33 language; 34 (4) be skilled in the 4 fundamental rules of arithmetic; -13- LRB9001189MWpc 1 (5) be of good understanding and capable; 2 (6) not be candidates for any office at the election and 3 not be elected committeemen; 4 (7) reside and be entitled to vote in the precinct in 5 which they are selected to serve, except that in each 6 precinct not more than one judge of each party may be 7 appointed from outside such precinct. Any judge so appointed 8 to serve in any precinct in which he is not entitled to vote 9 must be entitled to vote elsewhere within the county which 10 encompasses the precinct in which such judge is appointed and 11 such judge must otherwise meet the qualifications of this 12 Section. 13 The board of election commissioners may select 2 14 additional judges of election, one from each of the major 15 political parties, for each 200 voters in excess of 600 in 16 any precinct having more than 600 voters as authorized by 17 Section 11--3. These additional judges must meet the 18 qualifications prescribed in this Section. 19 (Source: P.A. 80-779.) 20 (10 ILCS 5/14-3.1) (from Ch. 46, par. 14-3.1) 21 Sec. 14-3.1. The board of election commissioners shall, 22 during the month of May of each even-numbered year, select 23 for each election precinct within the jurisdiction of the 24 board 5 persons to be judges of election who shall possess 25 the qualifications required by this Act for such judges. The 26 selection shall be made by a county board of election 27 commissioners in the following manner: the county board of 28 election commissioners shall select and approve 3 persons as 29 judges of election in each election precinct from a certified 30 list furnished by the chairman of the county central 31 committee of the first leading political party in that 32 precinct; the county board of election commissioners also 33 shall select and approve 2 persons as judges of election in -14- LRB9001189MWpc 1 each election precinct from a certified list furnished by the 2 chairman of the county central committee of the second 3 leading political party in that precinct. The selection by a 4 municipal board of election commissioners shall be made in 5 the following manner: for each precinct, 3 judges shall be 6 selected from one of the 2 leading political parties and the 7 other 2 judges shall be selected from the other leading 8 political party; the parties entitled to 3 and 2 judges, 9 respectively, in the several precincts shall be determined as 10 provided in Section 14-4. However, a Board of Election 11 Commissioners may appoint three judges of election to serve 12 in lieu of the 5 judges of election otherwise required by 13 this Section to serve in any emergency referendum, or in any 14 odd-year regular election or in any special primary or 15 special election called for the purpose of filling a vacancy 16 in the office of representative in the United States Congress 17 or to nominate candidates for such purpose. 18 If a nonpartisan election is conducted under Article 19A, 19 a Board of Election Commissioners shall appoint a team of 5 20 tally judges to serve in lieu of the 5 judges of election 21 otherwise required by this Section. 22 If only 3 judges of election serve in each election 23 precinct, no more than 2 persons of the same political party 24 shall be judges of election in the same election precinct, 25 and which political party is entitled to 2 judges of election 26 and which political party is entitled to one judge of 27 election shall be determined as set forth in this Section for 28 a county board of election commissioners' selection of 5 29 election judges in each precinct or in Section 14-4 for a 30 municipal board of election commissioners' selection of 31 election judges in each precinct, whichever is appropriate. 32 In addition to such precinct judges, the board of election 33 commissioners shall appoint special panels of 3 judges each, 34 who shall possess the same qualifications and shall be -15- LRB9001189MWpc 1 appointed in the same manner and with the same division 2 between political parties as is provided for other judges of 3 election. The number of such panels of judges required shall 4 be determined by regulation of the State Board of Elections, 5 which shall base the required number of special panels on the 6 number of registered voters in the jurisdiction or the number 7 of absentee ballots voted at recent elections or any 8 combination of such factors. A municipal board of election 9 commissioners shall make the selections of persons qualified 10 under Section 14-1 from certified lists furnished by the 11 chairman of the respective county central committees of the 2 12 leading political parties. Lists furnished by chairmen of 13 county central committees under this Section shall be 14 arranged according to precincts. The chairman of each county 15 central committee shall, insofar as possible, list persons 16 who reside within the precinct in which they are to serve as 17 judges. However, he may, in his sole discretion, submit the 18 names of persons who reside outside the precinct but within 19 the county embracing the precinct in which they are to serve. 20 He must, however, submit the names of at least 2 residents of 21 the precinct for each precinct in which his party is to have 22 3 judges and must submit the name of at least one resident of 23 the precinct for each precinct in which his party is to have 24 2 judges. The board of election commissioners shall no later 25 than March 1 of each even-numbered year notify the chairmen 26 of the respective county central committees of their 27 responsibility to furnish such lists, and each such chairman 28 shall furnish the board of election commissioners with the 29 list for his party on or before May 1 of each even-numbered 30 year. The board of election commissioners shall acknowledge 31 in writing to each county chairman the names of all persons 32 submitted on such certified list and the total number of 33 persons listed thereon. If no such list is furnished or if no 34 names or an insufficient number of names are furnished for -16- LRB9001189MWpc 1 certain precincts, the board of election commissioners shall 2 make or complete such list from the names contained in the 3 supplemental list provided for in Section 14-3.2. Judges of 4 election shall hold their office for 2 years from their 5 appointment and until their successors are duly appointed in 6 the manner herein provided. The board of election 7 commissioners shall, subject to the provisions of Section 8 14-3.2, fill all vacancies in the office of judges of 9 election at any time in the manner herein provided. 10 Such selections under this Section shall be confirmed by 11 the court as provided in Section 14-5. 12 (Source: P.A. 89-471, eff. 6-13-96.) 13 (10 ILCS 5/16-5) (from Ch. 46, par. 16-5) 14 Sec. 16-5. For all elections to which this Article 15 applies, the county clerks, in their respective counties, 16 shall have charge of the printing of the ballots for all 17 elections, including referenda, and shall furnish them to the 18 judges of election. In municipalities and counties having a 19 board of election commissioners, such board shall have charge 20 of the printing of the ballots and furnish them to the judges 21 of election within the territory under their jurisdiction. 22 Ballots shall be printed and in possession of the respective 23 election authorities at least two days before each election 24 and subject to the inspection of candidates and their agents; 25 if any mistakes be discovered they shall be corrected without 26 delay. If a nonpartisan election is subject to the provisions 27 of Article 19A, however, the ballots shall be furnished to 28 the election authority prior to the time the ballots are to 29 be mailed to the voters. The election authority shall cause 30 to be delivered to the judges of election at the polling 31 place of each precinct or district, not less than twelve 32 hours before the time fixed by law for the opening of the 33 polls therein, at least 10% more ballots of the kind to be -17- LRB9001189MWpc 1 voted in such precinct or district than the number of voters 2 registered therein for the purposes of such election, such 3 ballots shall be put up in separate sealed packages, with 4 marks on the outside clearly designating the polling place 5 for which they are intended and the number of ballots 6 enclosed, and receipt therefor shall be given by the judges 7 of election to whom they are delivered, which receipt shall 8 be preserved by the election authority. The election 9 authority shall provide and retain at its office an ample 10 supply of ballots, in addition to those distributed to the 11 several voting precincts or districts, and if at any time on 12 or before the day of election the ballots furnished to any 13 precinct shall be lost, destroyed or exhausted before the 14 polls are closed, on written application signed by a majority 15 of the judges he or they shall immediately cause to be 16 delivered to such judges at the polling place, such 17 additional supply of ballots as may be required and 18 sufficient to comply with the provisions of this Act. 19 If a nonpartisan election is subject to the provisions of 20 Article 19A, the election authority shall, not more than 40 21 nor less than 5 days before the date of the election, mail a 22 ballot to each registered voter. 23 (Source: P.A. 80-1469.) 24 (10 ILCS 5/17-1) (from Ch. 46, par. 17-1) 25 Sec. 17-1. Except for the nonpartisan elections 26 conducted under Article 19A, the polls shall be opened at the 27 hour of 6:00 a.m. and continued open until 7:00 p.m. of the 28 same day, at which time the polls shall be closed; but if the 29 judges shall not attend at the hour of six o'clock in the 30 morning, or if it shall be necessary for the electors present 31 to appoint judges to conduct the election, as herein 32 prescribed, the polls may, in that case, be opened at any 33 hour before the time for closing the same shall arrive, as -18- LRB9001189MWpc 1 the case may require. The State Board of Elections shall 2 adopt rules for the conduct of elections under Article 19A. 3 (Source: P.A. 81-850; 81-1149.) 4 (10 ILCS 5/19-2.1) (from Ch. 46, par. 19-2.1) 5 Sec. 19-2.1. At the consolidated primary, general 6 primary, consolidated, and generaland nonpartisanelections, 7 electors entitled to vote by absentee ballot under the 8 provisions of Section 19-1 may vote in person at the office 9 of the municipal clerk, if the elector is a resident of a 10 municipality not having a board of election commissioners, or 11 at the office of the township clerk or, in counties not under 12 township organization, at the office of the road district 13 clerk if the elector is not a resident of a municipality; 14 provided, in each case that the municipal, township or road 15 district clerk, as the case may be, is authorized to conduct 16 in-person absentee voting pursuant to this Section. Absentee 17 voting in such municipal and township clerk's offices under 18 this Section shall be conducted from the 22nd day through the 19 day before the election. 20 Municipal and township clerks (or road district clerks) 21 who have regularly scheduled working hours at regularly 22 designated offices other than a place of residence and whose 23 offices are open for business during the same hours as the 24 office of the election authority shall conduct in-person 25 absentee voting for said elections. Municipal and township 26 clerks (or road district clerks) who have no regularly 27 scheduled working hours but who have regularly designated 28 offices other than a place of residence shall conduct 29 in-person absentee voting for said elections during the hours 30 of 8:30 a.m. to 4:30 p.m. or 9:00 a.m. to 5:00 p.m., 31 weekdays, and 9:00 a.m. to 12:00 noon on Saturdays, but not 32 during such hours as the office of the election authority is 33 closed, unless the clerk files a written waiver with the -19- LRB9001189MWpc 1 election authority not later than July 1 of each year stating 2 that he or she is unable to conduct such voting and the 3 reasons therefor. Such clerks who conduct in-person absentee 4 voting may extend their hours for that purpose to include any 5 hours in which the election authority's office is open. 6 Municipal and township clerks (or road district clerks) who 7 have no regularly scheduled office hours and no regularly 8 designated offices other than a place of residence may not 9 conduct in-person absentee voting for said elections. The 10 election authority may devise alternative methods for 11 in-person absentee voting before said elections for those 12 precincts located within the territorial area of a 13 municipality or township (or road district) wherein the clerk 14 of such municipality or township (or road district) has 15 waived or is not entitled to conduct such voting. In 16 addition, electors may vote by absentee ballot under the 17 provisions of Section 19-1 at the office of the election 18 authority having jurisdiction over their residence. 19 In conducting absentee voting under this Section, the 20 respective clerks shall not be required to verify the 21 signature of the absentee voter by comparison with the 22 signature on the official registration record card. However, 23 the clerk shall reasonably ascertain the identity of such 24 applicant, shall verify that each such applicant is a 25 registered voter, and shall verify the precinct in which he 26 or she is registered and the proper ballots of the political 27 subdivisions in which the applicant resides and is entitled 28 to vote, prior to providing any absentee ballot to such 29 applicant. The clerk shall verify the applicant's 30 registration and from the most recent poll list provided by 31 the county clerk, and if the applicant is not listed on that 32 poll list then by telephoning the office of the county clerk. 33 Absentee voting procedures in the office of the 34 municipal, township and road district clerks shall be subject -20- LRB9001189MWpc 1 to all of the applicable provisions of this Article 19. 2 Pollwatchers may be appointed to observe in-person absentee 3 voting procedures at the office of the municipal, township or 4 road district clerks' offices where such absentee voting is 5 conducted. Such pollwatchers shall qualify and be appointed 6 in the same manner as provided in Sections 7-34 and 17-23, 7 except each candidate, political party or organization of 8 citizens may appoint only one pollwatcher for each location 9 where in-person absentee voting is conducted. Pollwatchers 10 shall be residents of the county and possess valid 11 pollwatcher credentials. All requirements in this Article 12 applicable to election authorities shall apply to the 13 respective local clerks, except where inconsistent with this 14 Section. 15 The sealed absentee ballots in their carrier envelope 16 shall be delivered by the respective clerks to the proper 17 polling place before the close of the polls on the day of the 18nonpartisan,general primary, consolidated primary, 19 consolidated or general election. 20 Not more than 23 days before thenonpartisan,general and 21 consolidated elections, the county clerk shall make available 22 to those municipal, township and road district clerks 23 conducting in-person absentee voting within such county, a 24 sufficient number of applications, absentee ballots, 25 envelopes, and printed voting instruction slips for use by 26 absentee voters in the offices of such clerks. The respective 27 clerks shall receipt for all ballots received, shall return 28 all unused or spoiled ballots to the county clerk on the day 29 of the election and shall strictly account for all ballots 30 received. 31 The ballots delivered to the respective clerks shall 32 include absentee ballots for each precinct in the 33 municipality, township or road district, or shall include 34 such separate ballots for each political subdivision -21- LRB9001189MWpc 1 conducting an election of officers or a referendum on that 2 election day as will permit any resident of the municipality, 3 township or road district to vote absentee in the office of 4 the proper clerk. 5 The clerks of all municipalities, townships and road 6 districts may distribute applications for absentee ballot for 7 the use of voters who wish to mail such applications to the 8 appropriate election authority. Such applications for 9 absentee ballots shall be made on forms provided by the 10 election authority. Duplication of such forms by the 11 municipal, township or road district clerk is prohibited. 12 (Source: P.A. 86-875.) 13 (10 ILCS 5/Art.19A heading new) 14 Article 19A. MAIL-IN BALLOTS FOR NONPARTISAN ELECTIONS 15 (10 ILCS 5/19A-5 new) 16 Sec. 19A-5. Voting in nonpartisan elections. Beginning 17 in the year 1999, any qualified elector of the State of 18 Illinois having duly registered where registration is 19 required may vote at the nonpartisan election for the offices 20 listed in subsection (e) of Section 2A-1.2 through ballots 21 mailed to the voter and returned to the proper election 22 authority by mail. All nonpartisan elections shall be 23 conducted through mail-in ballots only. 24 Each election authority shall compile and keep current a 25 list of voters who are eligible to vote under this Article. 26 The list shall include the last mailing address of each 27 voter. 28 (10 ILCS 5/19A-10 new) 29 Sec. 19A-10. Time for mailing ballots. Each election 30 authority, not more than 40 nor less than 5 days before the 31 nonpartisan election held in November of odd-numbered years, -22- LRB9001189MWpc 1 shall mail, postage prepaid, an official ballot, or ballots 2 if more than one are to be voted at the election, to each 3 registered voter eligible to vote under this Article. The 4 ballot or ballots shall be mailed to each voter's last 5 mailing address and shall be marked "DO NOT FORWARD - ADDRESS 6 CORRECTION REQUESTED" or any other similar statement that is 7 in accordance with United States postal service regulations. 8 The election authority shall maintain a list for each 9 election of the voters to whom ballots have been issued. The 10 list shall be maintained for each precinct within the 11 jurisdiction of the election authority. 12 (10 ILCS 5/19A-15 new) 13 Sec. 19A-15. Enclosure of ballots in unsealed envelope; 14 certification; instructions for marking and returning 15 ballots. The election authority shall fold the ballot or 16 ballots in the manner specified by the statute for folding 17 ballots prior to their deposit in the ballot box, and shall 18 enclose the ballot or ballots in an unsealed envelope to be 19 furnished by the election authority. The envelope shall bear 20 on its face the name, official title, and post office address 21 of the election authority. 22 The printed certificate on the envelope shall be in 23 substantially the following form: 24 "I state that I am a resident of the .......... precinct 25 of the (1)* township of .......... (2)* city of .......... 26 (3)* .......... ward in the city of .......... residing at 27 .......... in the city or town in the county of .......... 28 and State of Illinois, that I have lived at the address for 29 ... months last past; and that I am lawfully entitled to vote 30 in the precinct at the election to be held on ....... 31 * fill in either (1), (2), or (3). 32 I further state that I personally marked the enclosed 33 ballot in secret. If I received assistance in casting my -23- LRB9001189MWpc 1 ballot, I further attest that, due to physical incapacity, I 2 marked the enclosed ballot in secret with the assistance of 3 ................................. 4 (Individual rendering assistance) 5 ................................. 6 (Residence address) 7 Under penalties of perjury provided by law under Section 8 29-10 of the Election Code, the undersigned certifies that 9 the statements set forth in this certification are true and 10 correct. 11 ........................." 12 In addition, the election authority shall provide printed 13 slips giving full instructions regarding the manner of 14 marking and returning the ballot in order that the same may 15 be counted, and shall furnish one of the printed slips to 16 each voter at the same time the ballot is mailed to the 17 voter. The instructions shall include the following 18 statement: "In signing the certification on the ballot 19 envelope, you are attesting that you personally marked this 20 ballot in secret. If you are physically unable to mark the 21 ballot, a friend or relative may assist you after completing 22 the enclosed affidavit. Federal and State laws prohibit your 23 employer, your employer's agent, or an officer or agent of 24 your union from assisting physically disabled voters." 25 In addition, if a ballot to be provided to a voter under 26 this Section contains a public question described in 27 subsection (b) of Section 28-6 and the territory concerning 28 the question to be submitted is not described on the ballot 29 due to that space limitations of the ballot, the election 30 authority shall provide a printed copy of the notice of the 31 public question, which shall included a description of the 32 territory in the manner required by Section 16-7. The notice 33 shall be furnished to the voter at the time the ballot is 34 mailed to the voter. -24- LRB9001189MWpc 1 (10 ILCS 5/19A-20 new) 2 Sec. 19A-20. Certification of voters; return of ballots. 3 The voter shall make and subscribe to the certification 4 provided for on the return envelope for the ballot, and the 5 ballot or ballots shall be folded by the voter in the manner 6 required to be folded before depositing the ballot in the 7 ballot box, and shall be deposited in the envelope and the 8 envelope securely sealed. The voter shall then endorse his or 9 her certificate on the back of the envelope, and the envelope 10 shall be mailed by the voter, postage prepaid, to the 11 election authority issuing the ballot, or if more convenient, 12 it may be delivered in person, by either the voter or by a 13 spouse, parent, child, brother, or sister of the voter, or by 14 a company licensed by the Illinois Commerce Commission under 15 the Illinois Commercial Transportation Law that is engaged in 16 the business of making deliveries. If a voter gives his or 17 her ballot and ballot envelope to a spouse, parent, child, 18 brother, or sister of the voter, or to a company that is 19 engaged in the business of making deliveries for delivery to 20 the election authority, the voter shall give an authorization 21 form to the person making the delivery. The person making the 22 delivery shall present the authorization to the election 23 authority. The authorization shall be in substantially the 24 following form: 25 "I .............. (voter) authorize 26 ...................... to take my ballot to the office of the 27 election authority. 28 ........................ ........................... 29 Date Signature of voter 30 ........................ ........................... 31 Town Address 32 ........................ ........................... 33 Date Signature of authorized 34 Individual -25- LRB9001189MWpc 1 ........................ ........................... 2 Town Relationship (if any)" 3 (10 ILCS 5/19A-25 new) 4 Sec. 19A-25. Receipt of ballots. Upon receipt of the 5 voter's ballot, the election authority shall enclose the 6 unopened ballot in a large or carrier envelope that shall be 7 securely sealed and endorsed with the name and official title 8 of the officer and the words, "This envelope contains a 9 ballot and must be opened on election day", together with the 10 number and description of the precinct in which the ballot is 11 to be voted, and the officer shall safely keep the envelope 12 in his or her office until counted as provided in Section 13 19A-30. 14 (10 ILCS 5/19A-30 new) 15 Sec. 19A-30. Counting of ballots. The ballots received 16 by the election authority before 7:00 p.m. of the day of the 17 nonpartisan election shall be counted at the office of the 18 election authority by the tally judges, appointed under this 19 Code for that purpose. The counting shall commence no later 20 than 8:00 p.m. The counting shall continue until all ballots 21 received have been counted. 22 The procedures set forth in Section 19A-35 of this Act 23 and Articles 17 and 18 of this Code shall apply to all 24 ballots counted under this provision, including comparing the 25 signature on the ballot envelope with the signature of the 26 voter on the permanent voter registration record card taken 27 from the master file; except the votes shall be recorded 28 without regard to precinct designation, except for precinct 29 offices. 30 (10 ILCS 5/19A-35 new) 31 Sec. 19A-35. Casting ballots; comparison of signatures; -26- LRB9001189MWpc 1 rejection of ballots. The tally judges shall cast the 2 voter's ballots separately, and as each ballot is taken shall 3 open the outer or carrier envelope, announce the voter's 4 name, and compare the signature on the permanent voter 5 registration record card taken from the master file with the 6 signature upon the certification on the ballot envelope. In 7 case the judges find the certification properly executed, 8 that the signatures correspond, and that the applicant is a 9 duly qualified elector, they shall open the envelope 10 containing the ballot in such a manner as not to deface or 11 destroy the certification, or mark or tear the ballots 12 therein contained without unfolding or permitting the ballot 13 to be unfolded or examined, and having endorsed the ballot in 14 like manner as other ballots are required to be endorsed, 15 shall deposit the same in the proper ballot box or boxes and 16 enter the voter's name in the poll book the same as if the 17 voter had been present and voted in person. The judges shall 18 place the ballot certification envelopes in a separate 19 envelope as per the direction of the election authority. The 20 envelope containing the ballot certification envelopes shall 21 be retained by the election authority and preserved in like 22 manner as the official poll record. 23 In case the signatures do not correspond, or that the 24 voter is not a duly qualified elector, or that the ballot 25 envelope is open or has been opened and resealed, without 26 opening the envelope the judge of election shall mark across 27 the face thereof, "Rejected", giving the reason therefor. 28 In case the ballot envelope contains more than one ballot 29 of any kind, the ballots shall not be counted, but shall be 30 marked "Rejected", giving the reason therefor. 31 The voter's envelope, and the voter's envelope with its 32 contents unopened when the vote is rejected, shall be 33 retained and preserved in the manner now provided for the 34 retention and preservation of official ballots rejected at -27- LRB9001189MWpc 1 the election. 2 (10 ILCS 5/19A-40 new) 3 Sec. 19A-40. Pollwatchers. On election day, 4 pollwatchers shall be permitted to be present during the 5 casting of the mail ballots, and the vote of any voter may be 6 challenged for cause the same as if he or she were present 7 and voted in person, and the tally judges or a majority of 8 them shall have power and authority to hear and determine the 9 legality of the ballot; provided, however, that if a 10 challenge to any voter's right to vote is sustained, notice 11 of the same must be given by the tally judges by mail 12 addressed to the voter's place of residence. 13 Where ballots are counted on the day of the election in 14 the office of the election authority as provided in Section 15 19A-30 of this Article, each political party, candidate, and 16 qualified civic organization shall be entitled to have 17 present one pollwatcher for each panel of election judges 18 therein assigned. The pollwatchers shall be subject to the 19 same provisions as are proscribed for pollwatchers in Section 20 7-34 and 17-23 of this Code, and shall be permitted to 21 observe the signature comparison between that which is on the 22 ballot envelope and that which is on the permanent voter 23 registration record card taken from the master file. 24 (10 ILCS 5/19A-45 new) 25 Sec. 19A-45. Death of an elector before election day. 26 Whenever it shall be made to appear by due proof to the tally 27 judges that any elector who has marked and forwarded his or 28 her ballot as provided in this Article has died before the 29 date of the election, then the ballot of the deceased voter 30 shall be retained by the tally judges in the same manner as 31 provided for rejected ballots; but the casting of the ballot 32 of a deceased voter shall not invalidate the election. -28- LRB9001189MWpc 1 (10 ILCS 5/19A-50 new) 2 Sec. 19A-50. Application to jurisdiction using voting 3 machines. In all jurisdictions in which voting machines are 4 used, all the provisions of the Article relating to the 5 furnishing of ballot boxes, printing, and furnishing official 6 ballots and supplies in the number provided by law, the 7 canvassing of the ballots and making the proper return of the 8 result of the election shall, to the extent necessary to make 9 this Article effective, apply with full force and effect. 10 (10 ILCS 5/19A-55) 11 Sec. 19A-55. Adoption of rules for mail-in ballots. The 12 State Board of Elections shall conduct public hearings and 13 adopt rules and procedures for the implementation of the use 14 of mail-in ballots within 270 days after the effective date 15 of this amendatory Act of 1997. 16 (b) In addition to any other duties prescribed by law, 17 the State Board of Elections shall: 18 (1) prescribe the form of materials to be used in 19 the conduct of mail-in ballot elections; 20 (2) establish procedures consistent with this 21 Article for the conduct of mail-in ballot elections; and 22 (3) supervise the conduct of mail-in ballot 23 elections. 24 (10 ILCS 5/24A-6) (from Ch. 46, par. 24A-6) 25 Sec. 24A-6. The ballot information, whether placed on the 26 ballot or on the marking device, shall, as far as 27 practicable, be in the order of arrangement provided for 28 paper ballots, except that such information may be in 29 vertical or horizontal rows, or in a number of separate 30 pages. Ballots for all questions or propositions to be voted 31 on must be provided in the same manner and must be arranged 32 on or in the marking device or on the ballot sheet in the -29- LRB9001189MWpc 1 places provided for such purposes. 2 When an electronic voting system utilizes a ballot label 3 booklet and ballot card, ballots for candidates, ballots 4 calling for a constitutional convention, constitutional 5 amendment ballots, judicial retention ballots, public 6 measures, and all propositions to be voted upon may be placed 7 on the electronic voting device by providing in the ballot 8 booklet separate ballot label pages or series of pages 9 distinguished by differing colors as provided below. When an 10 electronic voting system utilizes a ballot sheet, ballots 11 calling for a constitutional convention, constitutional 12 amendment ballots and judicial retention ballots shall be 13 placed on the ballot sheet by providing a separate portion of 14 the ballot sheet for each such kind of ballot which shall be 15 printed in ink of a color distinct from the color of ink used 16 in printing any other portion of the ballot sheet. Ballots 17 for candidates, public measures and all other propositions to 18 be voted upon shall be placed on the ballot sheet by 19 providing a separate portion of the ballot sheet for each 20 such kind of ballot. Below the name of the last candidate 21 listed for an office shall be printed a line on which the 22 name of a candidate may be written by the voter, and 23 immediately to the left of such line an area shall be 24 provided for marking a vote for such write-in candidate. 25 More than one amendment to the constitution may be placed on 26 the same ballot page or series of pages or on the same 27 portion of the ballot sheet, as the case may be. Ballot 28 label pages for constitutional conventions or constitutional 29 amendments shall be on paper of blue color and shall precede 30 all other ballot label pages in the ballot label booklet. 31 More than one public measure or proposition may be placed on 32 the same ballot label page or series of pages or on the same 33 portion of the ballot sheet, as the case may be. More than 34 one proposition for retention of judges in office may be -30- LRB9001189MWpc 1 placed on the same ballot label page or series of pages or on 2 the same portion of the ballot sheet, as the case may be. 3 Ballot label pages for candidates shall be on paper of white 4 color, except that in primary elections the ballot label page 5 or pages for the candidates of each respective political 6 party shall be of the color designated by the election 7 official in charge of the election for that political party's 8 candidates; provided that the ballot label pages or pages for 9 candidates for use at the nonpartisan and consolidated 10 elections may be on paper of different colors, except blue, 11 whenever necessary or desirable to facilitate distinguishing 12 between the pages for different political subdivisions. 13 Except as provided in Section 16-4.1, in elections where 14 provision is made for straight party voting by marking a 15 party circle, the designation of the political parties for 16 straight party voting shall be on a separate page on which no 17 names of candidates shall appear, except no straight party 18 circle shall be necessary for any special election not 19 conducted on a regularly scheduled election day and called 20 for the purpose of filling a vacancy in the office of 21 representative in the United States Congress. However, such 22 page shall be of the same color as the pages containing the 23 names of candidates for office. On each succeeding page of 24 the candidate booklet, where the election is made to list 25 ballot information vertically, the party affiliation of each 26 candidate or the word "independent" shall appear immediately 27 to the left of the candidate's name, and the name of 28 candidates for the same office shall be listed vertically 29 under the title of that office. In the case of nonpartisan 30 elections for officers of political subdivisions, unless the 31 statute or an ordinance adopted pursuant to Article VII of 32 the Constitution requires otherwise, the listing of such 33 nonpartisan candidates shall not include any party or 34 "independent" designation. Ballot label pages for judicial -31- LRB9001189MWpc 1 retention ballots shall be on paper of green color, and 2 ballot label pages for all public measures and other 3 propositions shall be on paper of some other distinct and 4 different color. In primary elections, a separate ballot 5 label booklet, marking device and voting booth shall be used 6 for each political party holding a primary, with the ballot 7 label booklet arranged to include ballot label pages of the 8 candidates of the party and public measures and other 9 propositions to be voted upon on the day of the primary 10 election. One ballot card may be used for recording the 11 voter's vote or choice on all such ballots, proposals, public 12 measures or propositions, and such ballot card shall be 13 arranged so as to record the voter's vote or choice in a 14 separate column or columns for each such kind of ballot, 15 proposal, public measure or proposition. 16 If the ballot label booklet includes both candidates for 17 office and public measures or propositions to be voted on, 18 the election official in charge of the election shall divide 19 the pages by protruding tabs identifying the division of the 20 pages, and printing on such tabs "Candidates" and 21 "Propositions". 22 The ballot card and all of its columns and the ballot 23 card envelope shall be of the color prescribed for 24 candidate's ballots at the general or primary election, 25 whichever is being held. At an election where no candidates 26 are being nominated or elected, the ballot card, its columns, 27 and the ballot card envelope shall be of a color designated 28 by the election official in charge of the election. 29 The ballot cards, ballot card envelopes and ballot sheets 30 may, at the discretion of the election authority, be printed 31 on white paper and then striped with the appropriate colors. 32 When ballot sheets are used, the various portions thereof 33 shall be arranged to conform to the foregoing format. 34 Absentee ballots may consist of ballot cards, envelopes, -32- LRB9001189MWpc 1 paper ballots or ballot sheets voted in person in the office 2 of the election official in charge of the election or voted 3 by mail. Where a ballot card is used for voting by mail it 4 must be accompanied by a punching tool or other appropriate 5 marking device, voter instructions and a specimen ballot 6 showing the proper positions to vote on the ballot card or 7 ballot sheet for each party, candidate, proposal, public 8 measure or proposition, and in the case of a ballot card must 9 be mounted on a suitable material to receive the punched out 10 chip. 11 Ballots for use in nonpartisan elections conducted under 12 Article 19A may consist of ballot cards, envelopes, paper 13 ballots, or ballot sheets. Where a ballot card is used for 14 voting by mail it must be accompanied by a punching tool or 15 other appropriate marking device, voter instructions, and a 16 specimen ballot showing the proper positions to vote on the 17 ballot card or ballot sheet for each candidate, proposal, 18 public measure, or proposition, and in the case of a ballot 19 card must be mounted on a suitable material to receive the 20 punched out chip. 21 Any voter who spoils his ballot or makes an error may 22 return the ballot to the judges of election and secure 23 another. However, the protruding identifying tab for 24 proposals for a constitutional convention or constitutional 25 amendments shall have printed thereon "Constitutional 26 Ballot", and the ballot label page or pages for such 27 proposals shall precede the ballot label pages for candidates 28 in the ballot label booklet. 29 (Source: P.A. 86-873.) 30 (10 ILCS 5/24B-6) 31 Sec. 24B-6. Ballot Information; Arrangement; Electronic 32 Precinct Tabulation Optical Scan Technology Voting System; 33 Absentee Ballots; Spoiled Ballots. The ballot information, -33- LRB9001189MWpc 1 shall, as far as practicable, be in the order of arrangement 2 provided for paper ballots, except that the information may 3 be in vertical or horizontal rows, or on a number of separate 4 pages. Ballots for all questions or propositions to be voted 5 on should be provided in a similar manner and must be 6 arranged on the ballot sheet in the places provided for such 7 purposes. Ballots shall be of white paper unless provided 8 otherwise by administrative rule of the State Board of 9 Elections or otherwise specified. 10 All propositions, including but not limited to 11 propositions calling for a constitutional convention, 12 constitutional amendment, judicial retention, and public 13 measures to be voted upon shall be placed on separate 14 portions of the ballot sheet by utilizing borders or grey 15 screens. Candidates shall be listed on a separate portion of 16 the ballot sheet by utilizing borders or grey screens. Below 17 the name of the last candidate listed for an office shall be 18 printed a line or lines on which the name of a candidate or 19 candidates may be written by the voter, and proximate to such 20 lines an area shall be provided for marking votes for the 21 write-in candidate or candidates. The number of write-in 22 lines for an office shall equal the number of candidates for 23 which a voter may vote. More than one amendment to the 24 constitution may be placed on the same portion of the ballot 25 sheet. Constitutional convention or constitutional amendment 26 propositions shall be printed on a separate portion of the 27 ballot sheet and designated by borders or grey screens, 28 unless otherwise provided by administrative rule of the State 29 Board of Elections. More than one public measure or 30 proposition may be placed on the same portion of the ballot 31 sheet. More than one proposition for retention of judges in 32 office may be placed on the same portion of the ballot sheet. 33 Names of candidates shall be printed in black. The 34 designation of the political parties for straight party -34- LRB9001189MWpc 1 voting shall be in a special section of the ballot, except no 2 means by which a voter can cast a straight party vote shall 3 be necessary for any special election not conducted on a 4 regularly scheduled election day and called for filling a 5 vacancy in the office of representative in the United States 6 Congress. The party affiliation of each candidate or the 7 word "independent" shall appear near or under the candidate's 8 name, and the names of candidates for the same office shall 9 be listed vertically under the title of that office. In the 10 case of nonpartisan elections for officers of political 11 subdivisions, unless the statute or an ordinance adopted 12 pursuant to Article VII of the Constitution requires 13 otherwise, the listing of nonpartisan candidates shall not 14 include any party or "independent" designation. Judicial 15 retention ballots shall be designated by borders or grey 16 screens. Ballots for all public measures and other 17 propositions shall be designated by borders or grey screens. 18 In primary elections, a separate ballot, shall be used for 19 each political party holding a primary, with the ballot 20 arranged to include names of the candidates of the party and 21 public measures and other propositions to be voted upon on 22 the day of the primary election. 23 If the ballot includes both candidates for office and 24 public measures or propositions to be voted on, the election 25 official in charge of the election shall divide the ballot in 26 sections for "Candidates" and "Propositions", or separate 27 ballots may be used. 28 Absentee ballots may consist of envelopes, paper ballots 29 or ballot sheets voted in person in the office of the 30 election official in charge of the election or voted by mail. 31 Where a Precinct Tabulation Optical Scan Technology ballot is 32 used for voting by mail it must be accompanied by voter 33 instructions. 34 Ballots for use in nonpartisan elections conducted under -35- LRB9001189MWpc 1 Article 19A may consist of envelopes, paper ballots, or 2 ballot sheets. Where a Precinct Tabulation Optical Scan 3 Technology ballot is used for voting by mail it must be 4 accompanied by voter instructions. 5 Any voter who spoils his or her ballot, makes an error, 6 or has a ballot returned by the automatic tabulating 7 equipment may return the ballot to the judges of election and 8 get another ballot. 9 (Source: P.A. 89-394, eff. 1-1-97.) 10 Section 10. The State Mandates Act is amended by adding 11 Section 8.21 as follows: 12 (30 ILCS 805/8.21 new) 13 Sec. 8.21. Exempt mandate. Notwithstanding Sections 6 14 and 8 of this Act, no reimbursement by the State is required 15 for the implementation of any mandate created by this 16 amendatory Act of 1997. 17 Section 99. Effective date. This Act takes effect upon 18 becoming law. -36- LRB9001189MWpc 1 INDEX 2 Statutes amended in order of appearance 3 10 ILCS 5/4-11 from Ch. 46, par. 4-11 4 10 ILCS 5/11-7 from Ch. 46, par. 11-7 5 10 ILCS 5/12-1 from Ch. 46, par. 12-1 6 10 ILCS 5/12-4 from Ch. 46, par. 12-4 7 10 ILCS 5/13-1 from Ch. 46, par. 13-1 8 10 ILCS 5/13-2 from Ch. 46, par. 13-2 9 10 ILCS 5/14-1 from Ch. 46, par. 14-1 10 10 ILCS 5/14-3.1 from Ch. 46, par. 14-3.1 11 10 ILCS 5/16-5 from Ch. 46, par. 16-5 12 10 ILCS 5/17-1 from Ch. 46, par. 17-1 13 10 ILCS 5/19-2.1 from Ch. 46, par. 19-2.1 14 10 ILCS 5/Art.19A heading new 15 10 ILCS 5/19A-5 new 16 10 ILCS 5/19A-10 new 17 10 ILCS 5/19A-15 new 18 10 ILCS 5/19A-20 new 19 10 ILCS 5/19A-25 new 20 10 ILCS 5/19A-30 new 21 10 ILCS 5/19A-35 new 22 10 ILCS 5/19A-40 new 23 10 ILCS 5/19A-45 new 24 10 ILCS 5/19A-50 new 25 10 ILCS 5/19A-55 26 10 ILCS 5/24A-6 from Ch. 46, par. 24A-6 27 10 ILCS 5/24B-6 28 30 ILCS 805/8.21 new