Public Act 095-0267
Public Act 0267 95TH GENERAL ASSEMBLY
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Public Act 095-0267
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| SB0299 Enrolled |
LRB095 10800 JAM 31048 b |
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| 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.
|
Effective Date: 8/17/2007
|
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