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Public Act 92-0465
SB188 Enrolled LRB9203851NTsb
AN ACT with regard to 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 4-8, 5-7, 6-35, 11-4.1, and 16-6.1 as follows:
(10 ILCS 5/4-8) (from Ch. 46, par. 4-8)
Sec. 4-8. The county clerk shall provide a sufficient
number of blank forms for the registration of electors, which
shall be known as registration record cards and which shall
consist of loose leaf sheets or cards, of suitable size to
contain in plain writing and figures the data hereinafter
required thereon or shall consist of computer cards of
suitable nature to contain the data required thereon. The
registration record cards, which shall include an affidavit
of registration as hereinafter provided, shall be executed in
duplicate.
The registration record card shall contain the following
and such other information as the county clerk may think it
proper to require for the identification of the applicant for
registration:
Name. The name of the applicant, giving surname and
first or Christian name in full, and the middle name or the
initial for such middle name, if any.
Sex.
Residence. The name and number of the street, avenue, or
other location of the dwelling, including the apartment, unit
or room number, if any, and in the case of a mobile home the
lot number, and such additional clear and definite
description as may be necessary to determine the exact
location of the dwelling of the applicant. Where the location
cannot be determined by street and number, then the section,
congressional township and range number may be used, or such
other description as may be necessary, including post-office
mailing address. In the case of a homeless individual, the
individual's voting residence that is his or her mailing
address shall be included on his or her registration record
card.
Term of residence in the State of Illinois and precinct.
This information shall be furnished by the applicant stating
the place or places where he resided and the dates during
which he resided in such place or places during the year next
preceding the date of the next ensuing election.
Nativity. The state or country in which the applicant
was born.
Citizenship. Whether the applicant is native born or
naturalized. If naturalized, the court, place, and date of
naturalization.
Date of application for registration, i.e., the day,
month and year when applicant presented himself for
registration.
Age. Date of birth, by month, day and year.
Physical disability of the applicant, if any, at the time
of registration, which would require assistance in voting.
The county and state in which the applicant was last
registered.
Signature of voter. The applicant, after the
registration and in the presence of a deputy registrar or
other officer of registration shall be required to sign his
or her name in ink to the affidavit on both the original and
duplicate registration record cards.
Signature of deputy registrar or officer of registration.
In case applicant is unable to sign his name, he may
affix his mark to the affidavit. In such case the officer
empowered to give the registration oath shall write a
detailed description of the applicant in the space provided
on the back or at the bottom of the card or sheet; and shall
ask the following questions and record the answers thereto:
Father's first name.
Mother's first name.
From what address did the applicant last register?
Reason for inability to sign name.
Each applicant for registration shall make an affidavit
in substantially the following form:
AFFIDAVIT OF REGISTRATION
STATE OF ILLINOIS
COUNTY OF .......
I hereby swear (or affirm) that I am a citizen of the
United States; that on the date of the next election I shall
have resided in the State of Illinois and in the election
precinct in which I reside 30 days and that I intend that
this location shall be my residence; that I am fully
qualified to vote, and that the above statements are true.
..............................
(His or her signature or mark)
Subscribed and sworn to before me on (insert date).
..................................
Signature of registration officer.
(To be signed in presence of registrant.)
Space shall be provided upon the face of each
registration record card for the notation of the voting
record of the person registered thereon.
Each registration record card shall be numbered according
to precincts, and may be serially or otherwise marked for
identification in such manner as the county clerk may
determine.
The registration cards shall be deemed public records and
shall be open to inspection during regular business hours,
except during the 28 days immediately preceding any election.
On written request of any candidate or objector or any person
intending to object to a petition, the election authority
shall extend its hours for inspection of registration cards
and other records of the election authority during the period
beginning with the filing of petitions under Sections 7-10,
8-8, 10-6 or 28-3 and continuing through the termination of
electoral board hearings on any objections to petitions
containing signatures of registered voters in the
jurisdiction of the election authority. The extension shall
be for a period of hours sufficient to allow adequate
opportunity for examination of the records but the election
authority is not required to extend its hours beyond the
period beginning at its normal opening for business and
ending at midnight. If the business hours are so extended,
the election authority shall post a public notice of such
extended hours. Registration record cards may also be
inspected, upon approval of the officer in charge of the
cards, during the 28 days immediately preceding any election.
Registration record cards shall also be open to inspection by
certified judges and poll watchers and challengers at the
polling place on election day, but only to the extent
necessary to determine the question of the right of a person
to vote or to serve as a judge of election. At no time shall
poll watchers or challengers be allowed to physically handle
the registration record cards.
Updated copies of computer tapes or computer discs or
other electronic data processing information containing voter
registration information shall be furnished by the county
clerk within 10 days after December 15 and May 15 each year
and within 10 days after each registration period is closed
to the State Board of Elections in a form prescribed by the
Board. For the purposes of this Section, a registration
period is closed 28 days before the date of any regular or
special election. Registration information shall include, but
not be limited to, the following information: name, sex,
residence, telephone number, if any, age, party affiliation,
if applicable, precinct, ward, township, county, and
representative, legislative and congressional districts. In
the event of noncompliance, the State Board of Elections is
directed to obtain compliance forthwith with this
nondiscretionary duty of the election authority by
instituting legal proceedings in the circuit court of the
county in which the election authority maintains the
registration information. The costs of furnishing updated
copies of tapes or discs shall be paid at a rate of $.00034
per name of registered voters in the election jurisdiction,
but not less than $50 per tape or disc and shall be paid from
appropriations made to the State Board of Elections for
reimbursement to the election authority for such purpose. The
Board shall furnish copies of such tapes, discs, other
electronic data or compilations thereof to state political
committees registered pursuant to the Illinois Campaign
Finance Act or the Federal Election Campaign Act at their
request and at a reasonable cost. Copies of the tapes, discs
or other electronic data shall be furnished by the county
clerk to local political committees at their request and at a
reasonable cost. Reasonable cost of the tapes, discs, et
cetera for this purpose would be the cost of duplication plus
15% for administration. The individual representing a
political committee requesting copies of such tapes shall
make a sworn affidavit that the information shall be used
only for bona fide political purposes, including by or for
candidates for office or incumbent office holders. Such
tapes, discs or other electronic data shall not be used under
any circumstances by any political committee or individuals
for purposes of commercial solicitation or other business
purposes. If such tapes contain information on county
residents related to the operations of county government in
addition to registration information, that information shall
not be used under any circumstances for commercial
solicitation or other business purposes. The prohibition in
this Section against using the computer tapes or computer
discs or other electronic data processing information
containing voter registration information for purposes of
commercial solicitation or other business purposes shall be
prospective only from the effective date of this amended Act
of 1979. Any person who violates this provision shall be
guilty of a Class 4 felony.
The State Board of Elections shall promulgate, by October
1, 1987, such regulations as may be necessary to ensure
uniformity throughout the State in electronic data processing
of voter registration information. The regulations shall
include, but need not be limited to, specifications for
uniform medium, communications protocol and file structure to
be employed by the election authorities of this State in the
electronic data processing of voter registration information.
Each election authority utilizing electronic data processing
of voter registration information shall comply with such
regulations on and after May 15, 1988.
If the applicant for registration was last registered in
another county within this State, he shall also sign a
certificate authorizing cancellation of the former
registration. The certificate shall be in substantially the
following form:
To the County Clerk of.... County, Illinois. (or)
To the Election Commission of the City of ...., Illinois.
This is to certify that I am registered in your (county)
(city) and that my residence was ............................
Having moved out of your (county) (city), I hereby authorize
you to cancel said registration in your office.
Dated at ...., Illinois, on (insert date).
.................................
(Signature of Voter)
Attest: ................, County Clerk, .............
County, Illinois.
The cancellation certificate shall be mailed immediately
by the County Clerk to the County Clerk (or election
commission as the case may be) where the applicant was
formerly registered. Receipt of such certificate shall be
full authority for cancellation of any previous registration.
(Source: P.A. 91-357, eff. 7-29-99.)
(10 ILCS 5/5-7) (from Ch. 46, par. 5-7)
Sec. 5-7. The county clerk shall provide a sufficient
number of blank forms for the registration of electors which
shall be known as registration record cards and which shall
consist of loose leaf sheets or cards, of suitable size to
contain in plain writing and figures the data hereinafter
required thereon or shall consist of computer cards of
suitable nature to contain the data required thereon. The
registration record cards, which shall include an affidavit
of registration as hereinafter provided, shall be executed in
duplicate.
The registration record card shall contain the following
and such other information as the county clerk may think it
proper to require for the identification of the applicant for
registration:
Name. The name of the applicant, giving surname and
first or Christian name in full, and the middle name or the
initial for such middle name, if any.
Sex.
Residence. The name and number of the street, avenue, or
other location of the dwelling, including the apartment, unit
or room number, if any, and in the case of a mobile home the
lot number, and such additional clear and definite
description as may be necessary to determine the exact
location of the dwelling of the applicant, including
post-office mailing address. In the case of a homeless
individual, the individual's voting residence that is his or
her mailing address shall be included on his or her
registration record card.
Term of residence in the State of Illinois and the
precinct. Which questions may be answered by the applicant
stating, in excess of 30 days in the State and in excess of
30 days in the precinct.
Nativity. The State or country in which the applicant
was born.
Citizenship. Whether the applicant is native born or
naturalized. If naturalized, the court, place and date of
naturalization.
Date of application for registration, i.e., the day,
month and year when applicant presented himself for
registration.
Age. Date of birth, by month, day and year.
Physical disability of the applicant, if any, at the time
of registration, which would require assistance in voting.
The county and state in which the applicant was last
registered.
Signature of voter. The applicant, after the
registration and in the presence of a deputy registrar or
other officer of registration shall be required to sign his
or her name in ink to the affidavit on the original and
duplicate registration record card.
Signature of Deputy Registrar.
In case applicant is unable to sign his name, he may
affix his mark to the affidavit. In such case the officer
empowered to give the registration oath shall write a
detailed description of the applicant in the space provided
at the bottom of the card or sheet; and shall ask the
following questions and record the answers thereto:
Father's first name .......................
Mother's first name .......................
From what address did you last register?
Reason for inability to sign name.
Each applicant for registration shall make an affidavit
in substantially the following form:
AFFIDAVIT OF REGISTRATION
State of Illinois)
)ss
County of )
I hereby swear (or affirm) that I am a citizen of the
United States; that on the date of the next election I shall
have resided in the State of Illinois and in the election
precinct in which I reside 30 days; that I am fully qualified
to vote. That I intend that this location shall be my
residence and that the above statements are true.
..............................
(His or her signature or mark)
Subscribed and sworn to before me on (insert date).
.........................................
Signature of Registration Officer.
(To be signed in presence of Registrant.)
Space shall be provided upon the face of each
registration record card for the notation of the voting
record of the person registered thereon.
Each registration record card shall be numbered according
to towns and precincts, wards, cities and villages, as the
case may be, and may be serially or otherwise marked for
identification in such manner as the county clerk may
determine.
The registration cards shall be deemed public records and
shall be open to inspection during regular business hours,
except during the 28 days immediately preceding any election.
On written request of any candidate or objector or any person
intending to object to a petition, the election authority
shall extend its hours for inspection of registration cards
and other records of the election authority during the period
beginning with the filing of petitions under Sections 7-10,
8-8, 10-6 or 28-3 and continuing through the termination of
electoral board hearings on any objections to petitions
containing signatures of registered voters in the
jurisdiction of the election authority. The extension shall
be for a period of hours sufficient to allow adequate
opportunity for examination of the records but the election
authority is not required to extend its hours beyond the
period beginning at its normal opening for business and
ending at midnight. If the business hours are so extended,
the election authority shall post a public notice of such
extended hours. Registration record cards may also be
inspected, upon approval of the officer in charge of the
cards, during the 28 days immediately preceding any election.
Registration record cards shall also be open to inspection by
certified judges and poll watchers and challengers at the
polling place on election day, but only to the extent
necessary to determine the question of the right of a person
to vote or to serve as a judge of election. At no time shall
poll watchers or challengers be allowed to physically handle
the registration record cards.
Updated copies of computer tapes or computer discs or
other electronic data processing information containing voter
registration information shall be furnished by the county
clerk within 10 days after December 15 and May 15 each year
and within 10 days after each registration period is closed
to the State Board of Elections in a form prescribed by the
Board. For the purposes of this Section, a registration
period is closed 28 days before the date of any regular or
special election. Registration information shall include, but
not be limited to, the following information: name, sex,
residence, telephone number, if any, age, party affiliation,
if applicable, precinct, ward, township, county, and
representative, legislative and congressional districts. In
the event of noncompliance, the State Board of Elections is
directed to obtain compliance forthwith with this
nondiscretionary duty of the election authority by
instituting legal proceedings in the circuit court of the
county in which the election authority maintains the
registration information. The costs of furnishing updated
copies of tapes or discs shall be paid at a rate of $.00034
per name of registered voters in the election jurisdiction,
but not less than $50 per tape or disc and shall be paid from
appropriations made to the State Board of Elections for
reimbursement to the election authority for such purpose. The
Board shall furnish copies of such tapes, discs, other
electronic data or compilations thereof to state political
committees registered pursuant to the Illinois Campaign
Finance Act or the Federal Election Campaign Act at their
request and at a reasonable cost. Copies of the tapes, discs
or other electronic data shall be furnished by the county
clerk to local political committees at their request and at a
reasonable cost. Reasonable cost of the tapes, discs, et
cetera for this purpose would be the cost of duplication plus
15% for administration. The individual representing a
political committee requesting copies of such tapes shall
make a sworn affidavit that the information shall be used
only for bona fide political purposes, including by or for
candidates for office or incumbent office holders. Such
tapes, discs or other electronic data shall not be used under
any circumstances by any political committee or individuals
for purposes of commercial solicitation or other business
purposes. If such tapes contain information on county
residents related to the operations of county government in
addition to registration information, that information shall
not be used under any circumstances for commercial
solicitation or other business purposes. The prohibition in
this Section against using the computer tapes or computer
discs or other electronic data processing information
containing voter registration information for purposes of
commercial solicitation or other business purposes shall be
prospective only from the effective date of this amended Act
of 1979. Any person who violates this provision shall be
guilty of a Class 4 felony.
The State Board of Elections shall promulgate, by October
1, 1987, such regulations as may be necessary to ensure
uniformity throughout the State in electronic data processing
of voter registration information. The regulations shall
include, but need not be limited to, specifications for
uniform medium, communications protocol and file structure to
be employed by the election authorities of this State in the
electronic data processing of voter registration information.
Each election authority utilizing electronic data processing
of voter registration information shall comply with such
regulations on and after May 15, 1988.
If the applicant for registration was last registered in
another county within this State, he shall also sign a
certificate authorizing cancellation of the former
registration. The certificate shall be in substantially the
following form:
To the County Clerk of .... County, Illinois. To the Election
Commission of the City of ...., Illinois.
This is to certify that I am registered in your (county)
(city) and that my residence was .....
Having moved out of your (county) (city), I hereby
authorize you to cancel said registration in your office.
Dated at .... Illinois, on (insert date).
....................
(Signature of Voter)
Attest ......, County Clerk, ........ County, Illinois.
The cancellation certificate shall be mailed immediately
by the county clerk to the county clerk (or election
commission as the case may be) where the applicant was
formerly registered. Receipt of such certificate shall be
full authority for cancellation of any previous registration.
(Source: P.A. 91-357, eff. 7-29-99.)
(10 ILCS 5/6-35) (from Ch. 46, par. 6-35)
Sec. 6-35. The Boards of Election Commissioners shall
provide a sufficient number of blank forms for the
registration of electors which shall be known as registration
record cards and which shall consist of loose leaf sheets or
cards, of suitable size to contain in plain writing and
figures the data hereinafter required thereon or shall
consist of computer cards of suitable nature to contain the
data required thereon. The registration record cards, which
shall include an affidavit of registration as hereinafter
provided, shall be executed in duplicate. The duplicate of
which may be a carbon copy of the original or a copy of the
original made by the use of other method or material used for
making simultaneous true copies or duplications.
The registration record card shall contain the following
and such other information as the Board of Election
Commissioners may think it proper to require for the
identification of the applicant for registration:
Name. The name of the applicant, giving surname and
first or Christian name in full, and the middle name or the
initial for such middle name, if any.
Sex.
Residence. The name and number of the street, avenue, or
other location of the dwelling, including the apartment, unit
or room number, if any, and in the case of a mobile home the
lot number, and such additional clear and definite
description as may be necessary to determine the exact
location of the dwelling of the applicant, including
post-office mailing address. In the case of a homeless
individual, the individual's voting residence that is his or
her mailing address shall be included on his or her
registration record card.
Term of residence in the State of Illinois and the
precinct.
Nativity. The state or country in which the applicant
was born.
Citizenship. Whether the applicant is native born or
naturalized. If naturalized, the court, place, and date of
naturalization.
Date of application for registration, i.e., the day,
month and year when the applicant presented himself for
registration.
Age. Date of birth, by month, day and year.
Physical disability of the applicant, if any, at the time
of registration, which would require assistance in voting.
The county and state in which the applicant was last
registered.
Signature of voter. The applicant, after registration
and in the presence of a deputy registrar or other officer of
registration shall be required to sign his or her name in ink
to the affidavit on both the original and the duplicate
registration record card.
Signature of deputy registrar.
In case applicant is unable to sign his name, he may
affix his mark to the affidavit. In such case the
registration officer shall write a detailed description of
the applicant in the space provided at the bottom of the card
or sheet; and shall ask the following questions and record
the answers thereto:
Father's first name .........................
Mother's first name .........................
From what address did you last register? ....
Reason for inability to sign name ...........
Each applicant for registration shall make an affidavit
in substantially the following form:
AFFIDAVIT OF REGISTRATION
State of Illinois )
)ss
County of ....... )
I hereby swear (or affirm) that I am a citizen of the
United States, that on the day of the next election I shall
have resided in the State of Illinois and in the election
precinct 30 days and that I intend that this location is my
residence; that I am fully qualified to vote, and that the
above statements are true.
..............................
(His or her signature or mark)
Subscribed and sworn to before me on (insert date).
......................................
Signature of registration officer
(to be signed in presence of registrant).
Space shall be provided upon the face of each
registration record card for the notation of the voting
record of the person registered thereon.
Each registration record card shall be numbered according
to wards or precincts, as the case may be, and may be
serially or otherwise marked for identification in such
manner as the Board of Election Commissioners may determine.
The registration cards shall be deemed public records and
shall be open to inspection during regular business hours,
except during the 28 days immediately preceding any election.
On written request of any candidate or objector or any person
intending to object to a petition, the election authority
shall extend its hours for inspection of registration cards
and other records of the election authority during the period
beginning with the filing of petitions under Sections 7-10,
8-8, 10-6 or 28-3 and continuing through the termination of
electoral board hearings on any objections to petitions
containing signatures of registered voters in the
jurisdiction of the election authority. The extension shall
be for a period of hours sufficient to allow adequate
opportunity for examination of the records but the election
authority is not required to extend its hours beyond the
period beginning at its normal opening for business and
ending at midnight. If the business hours are so extended,
the election authority shall post a public notice of such
extended hours. Registration record cards may also be
inspected, upon approval of the officer in charge of the
cards, during the 28 days immediately preceding any election.
Registration record cards shall also be open to inspection by
certified judges and poll watchers and challengers at the
polling place on election day, but only to the extent
necessary to determine the question of the right of a person
to vote or to serve as a judge of election. At no time shall
poll watchers or challengers be allowed to physically handle
the registration record cards.
Updated copies of computer tapes or computer discs or
other electronic data processing information containing voter
registration information shall be furnished by the Board of
Election Commissioners within 10 days after December 15 and
May 15 each year and within 10 days after each registration
period is closed to the State Board of Elections in a form
prescribed by the State Board. For the purposes of this
Section, a registration period is closed 28 days before the
date of any regular or special election. Registration
information shall include, but not be limited to, the
following information: name, sex, residence, telephone
number, if any, age, party affiliation, if applicable,
precinct, ward, township, county, and representative,
legislative and congressional districts. In the event of
noncompliance, the State Board of Elections is directed to
obtain compliance forthwith with this nondiscretionary duty
of the election authority by instituting legal proceedings in
the circuit court of the county in which the election
authority maintains the registration information. The costs
of furnishing updated copies of tapes or discs shall be paid
at a rate of $.00034 per name of registered voters in the
election jurisdiction, but not less than $50 per tape or disc
and shall be paid from appropriations made to the State Board
of Elections for reimbursement to the election authority for
such purpose. The State Board shall furnish copies of such
tapes, discs, other electronic data or compilations thereof
to state political committees registered pursuant to the
Illinois Campaign Finance Act or the Federal Election
Campaign Act at their request and at a reasonable cost.
Copies of the tapes, discs or other electronic data shall be
furnished by the Board of Election Commissioners to local
political committees at their request and at a reasonable
cost. Reasonable cost of the tapes, discs, et cetera for
this purpose would be the cost of duplication plus 15% for
administration. The individual representing a political
committee requesting copies of such tapes shall make a sworn
affidavit that the information shall be used only for bona
fide political purposes, including by or for candidates for
office or incumbent office holders. Such tapes, discs or
other electronic data shall not be used under any
circumstances by any political committee or individuals for
purposes of commercial solicitation or other business
purposes. If such tapes contain information on county
residents related to the operations of county government in
addition to registration information, that information shall
not be used under any circumstances for commercial
solicitation or other business purposes. The prohibition in
this Section against using the computer tapes or computer
discs or other electronic data processing information
containing voter registration information for purposes of
commercial solicitation or other business purposes shall be
prospective only from the effective date of this amended Act
of 1979. Any person who violates this provision shall be
guilty of a Class 4 felony.
The State Board of Elections shall promulgate, by October
1, 1987, such regulations as may be necessary to ensure
uniformity throughout the State in electronic data processing
of voter registration information. The regulations shall
include, but need not be limited to, specifications for
uniform medium, communications protocol and file structure to
be employed by the election authorities of this State in the
electronic data processing of voter registration information.
Each election authority utilizing electronic data processing
of voter registration information shall comply with such
regulations on and after May 15, 1988.
If the applicant for registration was last registered in
another county within this State, he shall also sign a
certificate authorizing cancellation of the former
registration. The certificate shall be in substantially the
following form:
To the County Clerk of .... County, Illinois.
To the Election Commission of the City of ...., Illinois.
This is to certify that I am registered in your (county)
(city) and that my residence was ..... Having moved out of
your (county), (city), I hereby authorize you to cancel that
registration in your office.
Dated at ...., Illinois, on (insert date).
....................
(Signature of Voter)
Attest ...., Clerk, Election Commission of the City
of...., Illinois.
The cancellation certificate shall be mailed immediately
by the clerk of the Election Commission to the county clerk,
(or Election Commission as the case may be) where the
applicant was formerly registered. Receipt of such
certificate shall be full authority for cancellation of any
previous registration.
(Source: P.A. 91-357, eff. 7-29-99.)
(10 ILCS 5/11-4.1) (from Ch. 46, par. 11-4.1)
Sec. 11-4.1. (a) In appointing polling places under this
Article, the county board or board of election commissioners
shall, insofar as they are convenient and available, use
schools and other public buildings as polling places.
(b) Upon request of the county board or board of
election commissioners, the proper agency of government
(including school districts and units of local government)
shall make a public building under its control available for
use as a polling place on an election day and for a
reasonably necessary time before and after election day,
without charge, unless such use is impossible. If the county
board or board of election commissioners chooses a school to
be a polling place, then the school district must make the
school available for use as a polling place. However, for
the day of the election, a school district may choose to (i)
keep the school open or (ii) hold a teachers institute on
that day.
(c) A government agency which makes a public building
under its control available for use as a polling place shall
ensure the portion of the building to be used as the polling
place is accessible to handicapped and elderly voters.
(Source: P.A. 84-1467.)
(10 ILCS 5/16-6.1) (from Ch. 46, par. 16-6.1)
Sec. 16-6.1. In elections held pursuant to the
provisions of Section 12 of Article VI of the Constitution
relating to retention of judges in office, the form of the
proposition to be submitted for each candidate shall be as
provided in paragraph (1) or (2), as the election authority
may choose.
(1) The names of all persons seeking retention in
the same office shall be listed, in the order provided in
this Section, with one proposition that reads
substantially as follows: "Shall each of the persons
listed be retained in office as (insert name of office
and court)?". To the right of each candidate's name must
be places for the voter to mark "Yes" or "No". If the
list of candidates for retention in the same office
exceeds one page of the ballot, the proposition must
appear on each page upon which the list of candidates
continues.
(2) The form of the proposition for each candidate
shall be substantially as follows:
___________________________________________________
Shall ....... (insert name YES
of candidate) be retained in
office as ..... (insert name
of office and Court)? NO
___________________________________________________
The names of all candidates thus submitting their names
for retention in office in any particular judicial district
or circuit shall appear on the same ballot which shall be
separate from all other ballots voted on at the general
election.
Propositions on Supreme Court judges, if any are seeking
retention, shall appear on the ballot in the first group, for
judges of the Appellate Court in the second group immediately
under the first, and for circuit judges in the last group.
The grouping of candidates for the same office shall be
preceded by a heading describing the office and the court.
If there are two or more candidates for each office, the
names of such candidates in each group shall be listed in the
order determined as follows: The name of the person with the
greatest length of time served in the specified office of the
specified court shall be listed first in each group. The
rest of the names shall be listed in the appropriate order
based on the same seniority standard. If two or more
candidates for each office have served identical periods of
time in the specified office, such candidates shall be listed
alphabetically at the appropriate place in the order of names
based on seniority in the office as described. Circuit
judges shall be credited for the purposes of this section
with service as associate judges prior to July 1, 1971 and
with service on any court the judges of which were made
associate judges on January 1, 1964 by virtue of Paragraph 4,
subparagraphs (c) and (d) of the Schedule to Article VI of
the former Illinois Constitution.
At the top of the ballot on the same side as the
propositions on the candidates are listed shall be printed an
explanation to read substantially as follows: "Vote on the
proposition with respect to all or any of the judges listed
on this ballot. No judge listed is running against any other
judge. The sole question is whether each judge shall be
retained in his present office".
Such separate ballot shall be printed on paper of
sufficient size so that when folded once it shall be large
enough to contain the following words, which shall be printed
on the back, "Ballot for judicial candidates seeking
retention in office". Such ballot shall be handed to the
elector at the same time as the ballot containing the names
of other candidates for the general election and shall be
returned therewith by the elector to the proper officer in
the manner designated by this Act. All provisions of this
Act relating to ballots shall apply to such separate ballot,
except as otherwise specifically provided in this section.
Such separate ballot shall be printed upon paper of a green
color. No other ballot at the same election shall be green
in color.
In precincts in which voting machines are used, the
special ballot containing the propositions on the retention
of judges may be placed on the voting machines if such voting
machines permit the casting of votes on such propositions.
An electronic voting system authorized by Article 24A may
be used in voting and tabulating the judicial retention
ballots. When an electronic voting system is used which
utilizes a ballot label booklet and ballot card, there shall
be used in the label booklet a separate ballot label page or
pages as required for such proposition, which page or pages
for such proposition shall be of a green color separate and
distinct from the ballot label page or pages used for any
other proposition or candidates.
(Source: P.A. 79-201.)
Section 90. The State Mandates Act is amended by adding
Section 8.25 as follows:
(30 ILCS 805/8.25 new)
Sec. 8.25. Exempt mandate. Notwithstanding Sections 6
and 8 of this Act, no reimbursement by the State is required
for the implementation of any mandate created by this
amendatory Act of the 92nd General Assembly.
Section 99. Effective date. This Section and the
provisions changing Section 11-4.1 of the Election Code take
effect upon becoming law.
Passed in the General Assembly May 31, 2001.
Approved August 22, 2001.
Effective August 22, 2001.
Effective January 01, 2002.
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