Public Act 095-0267
 
SB0299 Enrolled LRB095 10800 JAM 31048 b

    AN ACT concerning elections.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Election Code is amended by changing
Sections 7-34 and 17-23 as follows:
 
    (10 ILCS 5/7-34)  (from Ch. 46, par. 7-34)
    Sec. 7-34. Pollwatchers in a primary election shall be
authorized in the following manner:
    (1) Each established political party shall be entitled to
appoint one pollwatcher per precinct. Such pollwatchers must be
affiliated with the political party for which they are
pollwatching and must be a registered voter in Illinois.
    (2) Each candidate shall be entitled to appoint two
pollwatchers per precinct. For Federal, State, county,
township, and municipal primary elections, the pollwatchers
must be registered to vote in Illinois.
    (3) Each organization of citizens within the county or
political subdivision, which has among its purposes or
interests the investigation or prosecution of election frauds,
and which shall have registered its name and address and the
names and addresses of its principal officers with the proper
election authority at least 40 days before the primary
election, shall be entitled to appoint one pollwatcher per
precinct. For all primary elections, the pollwatcher must be
registered to vote in Illinois.
    (3.5) Each State nonpartisan civic organization within the
county or political subdivision shall be entitled to appoint
one pollwatcher per precinct, provided that no more than 2
pollwatchers appointed by State nonpartisan civic
organizations shall be present in a precinct polling place at
the same time. Each organization shall have registered the
names and addresses of its principal officers with the proper
election authority at least 40 days before the primary
election. The pollwatchers must be registered to vote in
Illinois. For the purpose of this paragraph, a "State
nonpartisan civic organization" means any corporation,
unincorporated association, or organization that:
        (i) as part of its written articles of incorporation,
    bylaws, or charter or by separate written declaration, has
    among its stated purposes the provision of voter
    information and education, the protection of individual
    voters' rights, and the promotion of free and equal
    elections;
        (ii) is organized or primarily conducts its activities
    within the State of Illinois; and
        (iii) continuously maintains an office or business
    location within the State of Illinois, together with a
    current listed telephone number (a post office box number
    without a current listed telephone number is not
    sufficient).
    (4) Each organized group of proponents or opponents of a
ballot proposition, which shall have registered the name and
address of its organization or committee and the name and
address of its chairman with the proper election authority at
least 40 days before the primary election, shall be entitled to
appoint one pollwatcher per precinct. The pollwatcher must be
registered to vote in Illinois.
    (5) In any primary election held to nominate candidates for
the offices of a municipality of less than 3,000,000 population
that is situated in 2 or more counties, a pollwatcher who is a
resident of a county in which any part of the municipality is
situated shall be eligible to serve as a pollwatcher in any
polling place located within such municipality, provided that
such pollwatcher otherwise complies with the respective
requirements of subsections (1) through (4) of this Section and
is a registered voter whose residence is within Illinois.
    All pollwatchers shall be required to have proper
credentials. Such credentials shall be printed in sufficient
quantities, shall be issued by and under the facsimile
signature(s) of the election authority and shall be available
for distribution at least 2 weeks prior to the election. Such
credentials shall be authorized by the real or facsimile
signature of the State or local party official or the candidate
or the presiding officer of the civic organization or the
chairman of the proponent or opponent group, as the case may
be.
    Pollwatcher credentials shall be in substantially the
following form:
 
POLLWATCHER CREDENTIALS
TO THE JUDGES OF ELECTION:
    In accordance with the provisions of the Election Code, the
undersigned hereby appoints ........... (name of pollwatcher)
at .......... (address) in the county of ...........,
.......... (township or municipality) of ........... (name),
State of Illinois and who is duly registered to vote from this
address, to act as a pollwatcher in the ........... precinct of
the .......... ward (if applicable) of the ...........
(township or municipality) of ........... at the ...........
election to be held on (insert date).
........................  (Signature of Appointing Authority)
........................  TITLE  (party official,  candidate,
                                civic organization president,
                        proponent or opponent group chairman)
    Under penalties provided by law pursuant to Section 29-10
of the Election Code, the undersigned pollwatcher certifies
that he or she resides at .............. (address) in the
county of ........., ......... (township or municipality) of
.......... (name), State of Illinois, and is duly registered to
vote in Illinois.
...........................       ..........................
(Precinct and/or Ward in          (Signature of Pollwatcher)
Which Pollwatcher Resides)
 
    Pollwatchers must present their credentials to the Judges
of Election upon entering the polling place. Pollwatcher
credentials properly executed and signed shall be proof of the
qualifications of the pollwatcher authorized thereby. Such
credentials are retained by the Judges and returned to the
Election Authority at the end of the day of election with the
other election materials. Once a pollwatcher has surrendered a
valid credential, he may leave and reenter the polling place
provided that such continuing action does not disrupt the
conduct of the election. Pollwatchers may be substituted during
the course of the day, but established political parties,
candidates, qualified civic organizations and proponents and
opponents of a ballot proposition can have only as many
pollwatchers at any given time as are authorized in this
Article. A substitute must present his signed credential to the
judges of election upon entering the polling place. Election
authorities must provide a sufficient number of credentials to
allow for substitution of pollwatchers. After the polls have
closed, pollwatchers shall be allowed to remain until the
canvass of votes is completed; but may leave and reenter only
in cases of necessity, provided that such action is not so
continuous as to disrupt the canvass of votes.
    Candidates seeking office in a district or municipality
encompassing 2 or more counties shall be admitted to any and
all polling places throughout such district or municipality
without regard to the counties in which such candidates are
registered to vote. Actions of such candidates shall be
governed in each polling place by the same privileges and
limitations that apply to pollwatchers as provided in this
Section. Any such candidate who engages in an activity in a
polling place which could reasonably be construed by a majority
of the judges of election as campaign activity shall be removed
forthwith from such polling place.
    Candidates seeking office in a district or municipality
encompassing 2 or more counties who desire to be admitted to
polling places on election day in such district or municipality
shall be required to have proper credentials. Such credentials
shall be printed in sufficient quantities, shall be issued by
and under the facsimile signature of the election authority of
the election jurisdiction where the polling place in which the
candidate seeks admittance is located, and shall be available
for distribution at least 2 weeks prior to the election. Such
credentials shall be signed by the candidate.
    Candidate credentials shall be in substantially the
following form:
 
CANDIDATE CREDENTIALS
    TO THE JUDGES OF ELECTION:
    In accordance with the provisions of the Election Code, I
...... (name of candidate) hereby certify that I am a candidate
for ....... (name of office) and seek admittance to .......
precinct of the ....... ward (if applicable) of the .......
(township or municipality) of ....... at the ....... election
to be held on (insert date).
.........................             .......................
(Signature of Candidate)              OFFICE FOR WHICH
                                      CANDIDATE SEEKS
                                      NOMINATION OR
                                      ELECTION
 
    Pollwatchers shall be permitted to observe all proceedings
and view all reasonably requested records relating to the
conduct of the election, provided the secrecy of the ballot is
not impinged, and to station themselves in a position in the
voting room as will enable them to observe the judges making
the signature comparison between the voter application and the
voter registration record card; provided, however, that such
pollwatchers shall not be permitted to station themselves in
such close proximity to the judges of election so as to
interfere with the orderly conduct of the election and shall
not, in any event, be permitted to handle election materials.
Pollwatchers may challenge for cause the voting qualifications
of a person offering to vote and may call to the attention of
the judges of election any incorrect procedure or apparent
violations of this Code.
    If a majority of the judges of election determine that the
polling place has become too overcrowded with pollwatchers so
as to interfere with the orderly conduct of the election, the
judges shall, by lot, limit such pollwatchers to a reasonable
number, except that each candidate and each established or new
political party shall be permitted to have at least one
pollwatcher present.
    Representatives of an election authority, with regard to an
election under its jurisdiction, the State Board of Elections,
and law enforcement agencies, including but not limited to a
United States Attorney, a State's attorney, the Attorney
General, and a State, county, or local police department, in
the performance of their official election duties, shall be
permitted at all times to enter and remain in the polling
place. Upon entering the polling place, such representatives
shall display their official credentials or other
identification to the judges of election.
    Uniformed police officers assigned to polling place duty
shall follow all lawful instructions of the judges of election.
    The provisions of this Section shall also apply to
supervised casting of absentee ballots as provided in Section
19-12.2 of this Act.
(Source: P.A. 93-574, eff. 8-21-03; 94-645, eff. 8-22-05.)
 
    (10 ILCS 5/17-23)  (from Ch. 46, par. 17-23)
    Sec. 17-23. Pollwatchers in a general election shall be
authorized in the following manner:
    (1) Each established political party shall be entitled to
appoint two pollwatchers per precinct. Such pollwatchers must
be affiliated with the political party for which they are
pollwatching. For all elections, the pollwatchers must be
registered to vote in Illinois.
    (2) Each candidate shall be entitled to appoint two
pollwatchers per precinct. For all elections, the pollwatchers
must be registered to vote in Illinois.
    (3) Each organization of citizens within the county or
political subdivision, which has among its purposes or
interests the investigation or prosecution of election frauds,
and which shall have registered its name and address and the
name and addresses of its principal officers with the proper
election authority at least 40 days before the election, shall
be entitled to appoint one pollwatcher per precinct. For all
elections, the pollwatcher must be registered to vote in
Illinois.
    (3.5) Each State nonpartisan civic organization within the
county or political subdivision shall be entitled to appoint
one pollwatcher per precinct, provided that no more than 2
pollwatchers appointed by State nonpartisan civic
organizations shall be present in a precinct polling place at
the same time. Each organization shall have registered the
names and addresses of its principal officers with the proper
election authority at least 40 days before the election. The
pollwatchers must be registered to vote in Illinois. For the
purpose of this paragraph, a "State nonpartisan civic
organization" means any corporation, unincorporated
association, or organization that:
        (i) as part of its written articles of incorporation,
    bylaws, or charter or by separate written declaration, has
    among its stated purposes the provision of voter
    information and education, the protection of individual
    voters' rights, and the promotion of free and equal
    elections;
        (ii) is organized or primarily conducts its activities
    within the State of Illinois; and
        (iii) continuously maintains an office or business
    location within the State of Illinois, together with a
    current listed telephone number (a post office box number
    without a current listed telephone number is not
    sufficient).
    (4) In any general election held to elect candidates for
the offices of a municipality of less than 3,000,000 population
that is situated in 2 or more counties, a pollwatcher who is a
resident of Illinois shall be eligible to serve as a
pollwatcher in any poll located within such municipality,
provided that such pollwatcher otherwise complies with the
respective requirements of subsections (1) through (3) of this
Section and is a registered voter in Illinois.
    (5) Each organized group of proponents or opponents of a
ballot proposition, which shall have registered the name and
address of its organization or committee and the name and
address of its chairman with the proper election authority at
least 40 days before the election, shall be entitled to appoint
one pollwatcher per precinct. The pollwatcher must be
registered to vote in Illinois.
    All pollwatchers shall be required to have proper
credentials. Such credentials shall be printed in sufficient
quantities, shall be issued by and under the facsimile
signature(s) of the election authority and shall be available
for distribution at least 2 weeks prior to the election. Such
credentials shall be authorized by the real or facsimile
signature of the State or local party official or the candidate
or the presiding officer of the civic organization or the
chairman of the proponent or opponent group, as the case may
be.
    Pollwatcher credentials shall be in substantially the
following form:
 
POLLWATCHER CREDENTIALS
TO THE JUDGES OF ELECTION:
    In accordance with the provisions of the Election Code, the
undersigned hereby appoints .......... (name of pollwatcher)
who resides at ........... (address) in the county of
..........., .......... (township or municipality) of
........... (name), State of Illinois and who is duly
registered to vote from this address, to act as a pollwatcher
in the ........... precinct of the ........... ward (if
applicable) of the ........... (township or municipality) of
........... at the ........... election to be held on (insert
date).
........................  (Signature of Appointing Authority)
......................... TITLE  (party official,  candidate,
                                civic organization president,
                        proponent or opponent group chairman)
 
    Under penalties provided by law pursuant to Section 29-10
of the Election Code, the undersigned pollwatcher certifies
that he or she resides at ................ (address) in the
county of ............, ......... (township or municipality)
of ........... (name), State of Illinois, and is duly
registered to vote in Illinois.
..........................           .......................
(Precinct and/or Ward in          (Signature of Pollwatcher)
Which Pollwatcher Resides)
 
    Pollwatchers must present their credentials to the Judges
of Election upon entering the polling place. Pollwatcher
credentials properly executed and signed shall be proof of the
qualifications of the pollwatcher authorized thereby. Such
credentials are retained by the Judges and returned to the
Election Authority at the end of the day of election with the
other election materials. Once a pollwatcher has surrendered a
valid credential, he may leave and reenter the polling place
provided that such continuing action does not disrupt the
conduct of the election. Pollwatchers may be substituted during
the course of the day, but established political parties,
candidates and qualified civic organizations can have only as
many pollwatchers at any given time as are authorized in this
Article. A substitute must present his signed credential to the
judges of election upon entering the polling place. Election
authorities must provide a sufficient number of credentials to
allow for substitution of pollwatchers. After the polls have
closed pollwatchers shall be allowed to remain until the
canvass of votes is completed; but may leave and reenter only
in cases of necessity, provided that such action is not so
continuous as to disrupt the canvass of votes.
    Candidates seeking office in a district or municipality
encompassing 2 or more counties shall be admitted to any and
all polling places throughout such district or municipality
without regard to the counties in which such candidates are
registered to vote. Actions of such candidates shall be
governed in each polling place by the same privileges and
limitations that apply to pollwatchers as provided in this
Section. Any such candidate who engages in an activity in a
polling place which could reasonably be construed by a majority
of the judges of election as campaign activity shall be removed
forthwith from such polling place.
    Candidates seeking office in a district or municipality
encompassing 2 or more counties who desire to be admitted to
polling places on election day in such district or municipality
shall be required to have proper credentials. Such credentials
shall be printed in sufficient quantities, shall be issued by
and under the facsimile signature of the election authority of
the election jurisdiction where the polling place in which the
candidate seeks admittance is located, and shall be available
for distribution at least 2 weeks prior to the election. Such
credentials shall be signed by the candidate.
    Candidate credentials shall be in substantially the
following form:
 
CANDIDATE CREDENTIALS
    TO THE JUDGES OF ELECTION:
    In accordance with the provisions of the Election Code, I
...... (name of candidate) hereby certify that I am a candidate
for ....... (name of office) and seek admittance to .......
precinct of the ....... ward (if applicable) of the .......
(township or municipality) of ....... at the ....... election
to be held on (insert date).
.........................             .......................
(Signature of Candidate)              OFFICE FOR WHICH
                                      CANDIDATE SEEKS
                                      NOMINATION OR
                                      ELECTION
 
    Pollwatchers shall be permitted to observe all proceedings
and view all reasonably requested records relating to the
conduct of the election, provided the secrecy of the ballot is
not impinged, and to station themselves in a position in the
voting room as will enable them to observe the judges making
the signature comparison between the voter application and the
voter registration record card; provided, however, that such
pollwatchers shall not be permitted to station themselves in
such close proximity to the judges of election so as to
interfere with the orderly conduct of the election and shall
not, in any event, be permitted to handle election materials.
Pollwatchers may challenge for cause the voting qualifications
of a person offering to vote and may call to the attention of
the judges of election any incorrect procedure or apparent
violations of this Code.
    If a majority of the judges of election determine that the
polling place has become too overcrowded with pollwatchers so
as to interfere with the orderly conduct of the election, the
judges shall, by lot, limit such pollwatchers to a reasonable
number, except that each established or new political party
shall be permitted to have at least one pollwatcher present.
    Representatives of an election authority, with regard to an
election under its jurisdiction, the State Board of Elections,
and law enforcement agencies, including but not limited to a
United States Attorney, a State's attorney, the Attorney
General, and a State, county, or local police department, in
the performance of their official election duties, shall be
permitted at all times to enter and remain in the polling
place. Upon entering the polling place, such representatives
shall display their official credentials or other
identification to the judges of election.
    Uniformed police officers assigned to polling place duty
shall follow all lawful instructions of the judges of election.
    The provisions of this Section shall also apply to
supervised casting of absentee ballots as provided in Section
19-12.2 of this Act.
(Source: P.A. 93-574, eff. 8-21-03; 94-645, eff. 8-22-05.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.