Bill Text: IL HB0285 | 2017-2018 | 100th General Assembly | Introduced


Bill Title: Amends the Election Code. Creates an open-primary system. Provides that primary ballots shall list each candidate for office, regardless of party affiliation, participating in the primary election. Provides that the 2 candidates in any primary that received the most votes in the primary election, regardless of party affiliation of the candidates, shall be the only 2 candidates certified for participation in the general election. Makes conforming changes.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2019-01-08 - Session Sine Die [HB0285 Detail]

Download: Illinois-2017-HB0285-Introduced.html


100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB0285

Introduced , by Rep. Mike Fortner

SYNOPSIS AS INTRODUCED:
10 ILCS 5/7-10 from Ch. 46, par. 7-10
10 ILCS 5/7-43 from Ch. 46, par. 7-43
10 ILCS 5/7-44 from Ch. 46, par. 7-44
10 ILCS 5/7-60 from Ch. 46, par. 7-60
10 ILCS 5/19-3 from Ch. 46, par. 19-3
10 ILCS 5/19-4.5 new
10 ILCS 5/19-5 from Ch. 46, par. 19-5
10 ILCS 5/19-8 from Ch. 46, par. 19-8
10 ILCS 5/19-12.1 from Ch. 46, par. 19-12.1
10 ILCS 5/20-3 from Ch. 46, par. 20-3
10 ILCS 5/20-4 from Ch. 46, par. 20-4
10 ILCS 5/20-4.5 new
10 ILCS 5/20-5 from Ch. 46, par. 20-5
10 ILCS 5/20-8 from Ch. 46, par. 20-8
10 ILCS 5/7-2 rep.
10 ILCS 5/7-3 rep.
10 ILCS 5/Art. 10 rep.

Amends the Election Code. Creates an open-primary system. Provides that primary ballots shall list each candidate for office, regardless of party affiliation, participating in the primary election. Provides that the 2 candidates in any primary that received the most votes in the primary election, regardless of party affiliation of the candidates, shall be the only 2 candidates certified for participation in the general election. Makes conforming changes.
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A BILL FOR

HB0285LRB100 05599 MLM 15613 b
1 AN ACT concerning elections.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Election Code is amended by changing
5Sections 7-10, 7-43, 7-44, 7-60, 19-3, 19-4, 19-5, 19-8,
619-12.1, 20-3, 20-4, 20-5, and 20-8 and by adding Sections
719-4.5 and 20-4.5 as follows:
8 (10 ILCS 5/7-10) (from Ch. 46, par. 7-10)
9 Sec. 7-10. Form of petition for nomination. The name of no
10candidate for nomination, or State central committeeman, or
11township committeeman, or precinct committeeman, or ward
12committeeman or candidate for delegate or alternate delegate to
13national nominating conventions, shall be printed upon the
14primary ballot unless a petition for nomination has been filed
15in his behalf as provided in this Article in substantially the
16following form:
17 We, the undersigned, members of and affiliated with the
18.... party and qualified primary electors of the .... party, in
19the .... of ...., in the county of .... and State of Illinois,
20do hereby petition that the following named person or persons
21shall be a candidate or candidates of the .... party for the
22nomination for (or in case of committeemen for election to) the
23office or offices hereinafter specified, to be voted for at the

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1primary election to be held on (insert date).
2 NameOfficeAddress
3John JonesGovernorBelvidere, Ill.
4Jane James Lieutenant Governor Peoria, Ill.
5Thomas SmithAttorney GeneralOakland, Ill.
6Name.................. Address.......................
7State of Illinois)
8 ) ss.
9County of........)
10 I, ...., do hereby certify that I reside at No. ....
11street, in the .... of ...., county of ...., and State of
12....., that I am 18 years of age or older, that I am a citizen
13of the United States, and that the signatures on this sheet
14were signed in my presence, and are genuine, and that to the
15best of my knowledge and belief the persons so signing were at
16the time of signing the petitions qualified voters of the ....
17party, and that their respective residences are correctly
18stated, as above set forth.
19
.........................
20 Subscribed and sworn to before me on (insert date).
21
.........................
22 Each sheet of the petition other than the statement of
23candidacy and candidate's statement shall be of uniform size

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1and shall contain above the space for signatures an appropriate
2heading giving the information as to name of candidate or
3candidates, in whose behalf such petition is signed; the
4office, the political party that the candidate prefers,
5represented and place of residence; and the heading of each
6sheet shall be the same.
7 Such petition shall be signed by qualified primary electors
8residing in the political division for which the nomination is
9sought in their own proper persons only and opposite the
10signature of each signer, his residence address shall be
11written or printed. The residence address required to be
12written or printed opposite each qualified primary elector's
13name shall include the street address or rural route number of
14the signer, as the case may be, as well as the signer's county,
15and city, village or town, and state. However the county or
16city, village or town, and state of residence of the electors
17may be printed on the petition forms where all of the electors
18signing the petition reside in the same county or city, village
19or town, and state. Standard abbreviations may be used in
20writing the residence address, including street number, if any.
21At the bottom of each sheet of such petition shall be added a
22circulator statement signed by a person 18 years of age or
23older who is a citizen of the United States, stating the street
24address or rural route number, as the case may be, as well as
25the county, city, village or town, and state; and certifying
26that the signatures on that sheet of the petition were signed

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1in his or her presence and certifying that the signatures are
2genuine; and either (1) indicating the dates on which that
3sheet was circulated, or (2) indicating the first and last
4dates on which the sheet was circulated, or (3) certifying that
5none of the signatures on the sheet were signed more than 90
6days preceding the last day for the filing of the petition and
7certifying that to the best of his or her knowledge and belief
8the persons so signing were at the time of signing the
9petitions qualified voters of the election political party for
10which a nomination is sought. Such statement shall be sworn to
11before some officer authorized to administer oaths in this
12State.
13 No petition sheet shall be circulated more than 90 days
14preceding the last day provided in Section 7-12 for the filing
15of such petition.
16 The person circulating the petition, or the candidate on
17whose behalf the petition is circulated, may strike any
18signature from the petition, provided that:
19 (1) the person striking the signature shall initial the
20 petition at the place where the signature is struck; and
21 (2) the person striking the signature shall sign a
22 certification listing the page number and line number of
23 each signature struck from the petition. Such
24 certification shall be filed as a part of the petition.
25 Such sheets before being filed shall be neatly fastened
26together in book form, by placing the sheets in a pile and

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1fastening them together at one edge in a secure and suitable
2manner, and the sheets shall then be numbered consecutively.
3The sheets shall not be fastened by pasting them together end
4to end, so as to form a continuous strip or roll. All petition
5sheets which are filed with the proper local election
6officials, election authorities or the State Board of Elections
7shall be the original sheets which have been signed by the
8voters and by the circulator thereof, and not photocopies or
9duplicates of such sheets. Each petition must include as a part
10thereof, a statement of candidacy for each of the candidates
11filing, or in whose behalf the petition is filed. This
12statement shall set out the address of such candidate, the
13office for which he is a candidate, shall state that the
14candidate is a qualified primary voter of the election for
15party to which the petition relates and is qualified for the
16office specified (in the case of a candidate for State's
17Attorney it shall state that the candidate is at the time of
18filing such statement a licensed attorney-at-law of this
19State), shall state that he has filed (or will file before the
20close of the petition filing period) a statement of economic
21interests as required by the Illinois Governmental Ethics Act,
22shall request that the candidate's name be placed upon the
23official ballot, and shall be subscribed and sworn to by such
24candidate before some officer authorized to take
25acknowledgment of deeds in the State and shall be in
26substantially the following form:

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1
Statement of Candidacy
2NameAddressOfficeDistrictParty
3John Jones102 Main St.GovernorStatewideRepublican
4Belvidere,
5Illinois
6State of Illinois)
7 ) ss.
8County of .......)
9 I, ...., being first duly sworn, say that I reside at ....
10Street in the city (or village) of ...., in the county of ....,
11State of Illinois; that I am a qualified voter therein and am a
12qualified primary voter of the .... party; that I am a
13candidate for nomination (for election in the case of
14committeeman and delegates and alternate delegates) to the
15office of .... to be voted upon at the primary election to be
16held on (insert date); that I am legally qualified (including
17being the holder of any license that may be an eligibility
18requirement for the office I seek the nomination for) to hold
19such office and that I have filed (or I will file before the
20close of the petition filing period) a statement of economic
21interests as required by the Illinois Governmental Ethics Act
22and I hereby request that my name be printed upon the official
23primary ballot for nomination for (or election to in the case
24of committeemen and delegates and alternate delegates) such
25office.

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1
Signed ......................
2 Subscribed and sworn to (or affirmed) before me by ....,
3who is to me personally known, on (insert date).
4
Signed ....................
5
(Official Character)
6(Seal, if officer has one.)
7 The petitions, when filed, shall not be withdrawn or added
8to, and no signatures shall be revoked except by revocation
9filed in writing with the State Board of Elections, election
10authority or local election official with whom the petition is
11required to be filed, and before the filing of such petition.
12Whoever forges the name of a signer upon any petition required
13by this Article is deemed guilty of a forgery and on conviction
14thereof shall be punished accordingly.
15 A candidate for the offices listed in this Section must
16obtain the number of signatures specified in this Section on
17his or her petition for nomination.
18 (a) Statewide office or delegate to a national nominating
19convention. If a candidate seeks to run for statewide office or
20as a delegate or alternate delegate to a national nominating
21convention elected from the State at-large, then the
22candidate's petition for nomination must contain at least 5,000
23but not more than 10,000 signatures.
24 (b) Congressional office or congressional delegate to a
25national nominating convention. If a candidate seeks to run for

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1United States Congress or as a congressional delegate or
2alternate congressional delegate to a national nominating
3convention elected from a congressional district, then the
4candidate's petition for nomination must contain at least the
5number of signatures equal to 0.5% of the qualified primary
6electors of his or her party in his or her congressional
7district. In the first primary election following a
8redistricting of congressional districts, a candidate's
9petition for nomination must contain at least 600 signatures of
10qualified primary electors of the candidate's political party
11in his or her congressional district.
12 (c) County office. If a candidate seeks to run for any
13countywide office, including but not limited to county board
14chairperson or county board member, elected on an at-large
15basis, in a county other than Cook County, then the candidate's
16petition for nomination must contain at least the number of
17signatures equal to 0.5% of the qualified electors of his or
18her party who cast votes at the last preceding general election
19in his or her county. If a candidate seeks to run for county
20board member elected from a county board district, then the
21candidate's petition for nomination must contain at least the
22number of signatures equal to 0.5% of the qualified primary
23electors of his or her party in the county board district. In
24the first primary election following a redistricting of county
25board districts or the initial establishment of county board
26districts, a candidate's petition for nomination must contain

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1at least the number of signatures equal to 0.5% of the
2qualified electors of his or her party in the entire county who
3cast votes at the last preceding general election divided by
4the total number of county board districts comprising the
5county board; provided that in no event shall the number of
6signatures be less than 25.
7 (d) County office; Cook County only.
8 (1) If a candidate seeks to run for countywide office
9 in Cook County, then the candidate's petition for
10 nomination must contain at least the number of signatures
11 equal to 0.5% of the qualified electors of his or her party
12 who cast votes at the last preceding general election in
13 Cook County.
14 (2) If a candidate seeks to run for Cook County Board
15 Commissioner, then the candidate's petition for nomination
16 must contain at least the number of signatures equal to
17 0.5% of the qualified primary electors of his or her party
18 in his or her county board district. In the first primary
19 election following a redistricting of Cook County Board of
20 Commissioners districts, a candidate's petition for
21 nomination must contain at least the number of signatures
22 equal to 0.5% of the qualified electors of his or her party
23 in the entire county who cast votes at the last preceding
24 general election divided by the total number of county
25 board districts comprising the county board; provided that
26 in no event shall the number of signatures be less than 25.

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1 (3) If a candidate seeks to run for Cook County Board
2 of Review Commissioner, which is elected from a district
3 pursuant to subsection (c) of Section 5-5 of the Property
4 Tax Code, then the candidate's petition for nomination must
5 contain at least the number of signatures equal to 0.5% of
6 the total number of registered voters in his or her board
7 of review district in the last general election at which a
8 commissioner was regularly scheduled to be elected from
9 that board of review district. In no event shall the number
10 of signatures required be greater than the requisite number
11 for a candidate who seeks countywide office in Cook County
12 under subsection (d)(1) of this Section. In the first
13 primary election following a redistricting of Cook County
14 Board of Review districts, a candidate's petition for
15 nomination must contain at least 4,000 signatures or at
16 least the number of signatures required for a countywide
17 candidate in Cook County, whichever is less, of the
18 qualified electors of his or her party in the district.
19 (e) Municipal or township office. If a candidate seeks to
20run for municipal or township office, then the candidate's
21petition for nomination must contain at least the number of
22signatures equal to 0.5% of the qualified primary electors of
23his or her party in the municipality or township. If a
24candidate seeks to run for alderman of a municipality, then the
25candidate's petition for nomination must contain at least the
26number of signatures equal to 0.5% of the qualified primary

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1electors of his or her party of the ward. In the first primary
2election following redistricting of aldermanic wards or
3trustee districts of a municipality or the initial
4establishment of wards or districts, a candidate's petition for
5nomination must contain the number of signatures equal to at
6least 0.5% of the total number of votes cast for the candidate
7of that political party who received the highest number of
8votes in the entire municipality at the last regular election
9at which an officer was regularly scheduled to be elected from
10the entire municipality, divided by the number of wards or
11districts. In no event shall the number of signatures be less
12than 25.
13 (f) State central committeeperson. If a candidate seeks to
14run for State central committeeperson, then the candidate's
15petition for nomination must contain at least 100 signatures of
16the primary electors of his or her party of his or her
17congressional district.
18 (g) Sanitary district trustee. If a candidate seeks to run
19for trustee of a sanitary district in which trustees are not
20elected from wards, then the candidate's petition for
21nomination must contain at least the number of signatures equal
22to 0.5% of the primary electors of his or her party from the
23sanitary district. If a candidate seeks to run for trustee of a
24sanitary district in which trustees are elected from wards,
25then the candidate's petition for nomination must contain at
26least the number of signatures equal to 0.5% of the primary

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1electors of his or her party in the ward of that sanitary
2district. In the first primary election following
3redistricting of sanitary districts elected from wards, a
4candidate's petition for nomination must contain at least the
5signatures of 150 qualified primary electors of his or her ward
6of that sanitary district.
7 (h) Judicial office. If a candidate seeks to run for
8judicial office in a district, then the candidate's petition
9for nomination must contain the number of signatures equal to
100.4% of the number of votes cast in that district for the
11candidate for his or her political party for the office of
12Governor at the last general election at which a Governor was
13elected, but in no event less than 500 signatures. If a
14candidate seeks to run for judicial office in a circuit or
15subcircuit, then the candidate's petition for nomination must
16contain the number of signatures equal to 0.25% of the number
17of votes cast for the judicial candidate of his or her
18political party who received the highest number of votes at the
19last general election at which a judicial officer from the same
20circuit or subcircuit was regularly scheduled to be elected,
21but in no event less than 1,000 signatures in circuits and
22subcircuits located in the First Judicial District or 500
23signatures in every other Judicial District.
24 (i) Precinct, ward, and township committeeperson. If a
25candidate seeks to run for precinct committeeperson, then the
26candidate's petition for nomination must contain at least 10

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1signatures of the primary electors of his or her party for the
2precinct. If a candidate seeks to run for ward committeeperson,
3then the candidate's petition for nomination must contain no
4less than the number of signatures equal to 10% of the primary
5electors of his or her party of the ward, but no more than 16%
6of those same electors; provided that the maximum number of
7signatures may be 50 more than the minimum number, whichever is
8greater. If a candidate seeks to run for township
9committeeperson, then the candidate's petition for nomination
10must contain no less than the number of signatures equal to 5%
11of the primary electors of his or her party of the township,
12but no more than 8% of those same electors; provided that the
13maximum number of signatures may be 50 more than the minimum
14number, whichever is greater.
15 (j) State's attorney or regional superintendent of schools
16for multiple counties. If a candidate seeks to run for State's
17attorney or regional Superintendent of Schools who serves more
18than one county, then the candidate's petition for nomination
19must contain at least the number of signatures equal to 0.5% of
20the primary electors of his or her party in the territory
21comprising the counties.
22 (k) Any other office. If a candidate seeks any other
23office, then the candidate's petition for nomination must
24contain at least the number of signatures equal to 0.5% of the
25registered voters of the political subdivision, district, or
26division for which the nomination is made or 25 signatures,

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1whichever is greater.
2 For purposes of this Section the number of primary electors
3shall be determined by taking the total vote cast, in the
4applicable district, for the candidate for that political party
5who received the highest number of votes, statewide, at the
6last general election in the State at which electors for
7President of the United States were elected. For political
8subdivisions, the number of primary electors shall be
9determined by taking the total vote cast for the candidate for
10that political party who received the highest number of votes
11in the political subdivision at the last regular election at
12which an officer was regularly scheduled to be elected from
13that subdivision. For wards or districts of political
14subdivisions, the number of primary electors shall be
15determined by taking the total vote cast for the candidate for
16that political party who received the highest number of votes
17in the ward or district at the last regular election at which
18an officer was regularly scheduled to be elected from that ward
19or district.
20 A "qualified primary elector" of a party may not sign
21petitions for or be a candidate in the primary of more than one
22party.
23 The changes made to this Section of this amendatory Act of
24the 93rd General Assembly are declarative of existing law,
25except for item (3) of subsection (d).
26 Petitions of candidates for nomination for offices herein

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1specified, to be filed with the same officer, may contain the
2names of 2 or more candidates of the same political party for
3the same or different offices. In the case of the offices of
4Governor and Lieutenant Governor, a joint petition including
5one candidate for each of those offices must be filed.
6(Source: P.A. 96-1018, eff. 1-1-11; 97-81, eff. 7-5-11.)
7 (10 ILCS 5/7-43) (from Ch. 46, par. 7-43)
8 Sec. 7-43. Every person having resided in this State 6
9months and in the precinct 30 days next preceding any primary
10therein who shall be a citizen of the United States of the age
11of 18 or more years shall be entitled to vote at such primary.
12 The following regulations shall be applicable to
13primaries:
14 No person shall be entitled to vote at a primary:
15 (a) Unless he declares his party affiliations as
16 required by this Article.
17 (b) (Blank).
18 (c) (Blank).
19 (c.5) If that person has participated in the town
20 political party caucus, under Section 45-50 of the
21 Township Code, of another political party by signing an
22 affidavit of voters attending the caucus within 45 days
23 before the first day of the calendar month in which the
24 primary is held.
25 (d) (Blank).

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1 (a) In cities, villages, and incorporated towns having
2 a board of election commissioners, only voters registered
3 as provided by Article 6 of this Act shall be entitled to
4 vote at such primary.
5 (b) No person shall be entitled to vote at a primary
6 unless he or she is registered under the provisions of
7 Articles 4, 5, or 6 of this Act, when his registration is
8 required by any of said Articles to entitle him or her to
9 vote at the election with reference to which the primary is
10 held.
11 A person (i) who filed a statement of candidacy for a
12partisan office as a qualified primary voter of an established
13political party or (ii) who voted the ballot of an established
14political party at a general primary election may not file a
15statement of candidacy as a candidate of a different
16established political party or as an independent candidate for
17a partisan office to be filled at the general election
18immediately following the general primary for which the person
19filed the statement or voted the ballot. A person may file a
20statement of candidacy for a partisan office as a qualified
21primary voter of an established political party regardless of
22any prior filing of candidacy for a partisan office or voting
23the ballot of an established political party at any prior
24election.
25(Source: P.A. 97-681, eff. 3-30-12; 98-463, eff. 8-16-13.)

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1 (10 ILCS 5/7-44) (from Ch. 46, par. 7-44)
2 Sec. 7-44. Voters; primary ballot. Any person desiring
3to vote at a primary shall state his or her name and ,
4residence and party affiliation to the primary judges, one of
5whom shall thereupon announce the same in a distinct tone of
6voice, sufficiently loud to be heard by all persons in the
7polling place. When article 4, 5, or 6 is applicable the
8Certificate of Registered Voter therein prescribed shall be
9made and signed and the official poll record shall be made. If
10the person desiring to vote is not challenged, one of the
11primary judges shall give to him or her one, and only one,
12primary ballot listing each candidate for office, regardless of
13party affiliation, participating in the primary election of the
14political party with which he declares himself affiliated, on
15the back of which the such primary judge shall endorse his or
16her initials in such manner that they may be seen when the
17primary ballot is properly folded. If the person desiring to
18vote is challenged he or she shall not receive a primary ballot
19from the primary judges until he or she shall have established
20his or her right to vote as hereinafter provided in this
21Article. No person who refuses to state his party affiliation
22shall be allowed to vote at a primary.
23 A person who declares his party affiliation with a
24statewide established political party and requests a primary
25ballot of such party may nonetheless also declare his
26affiliation with a political party established only within a

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1political subdivision, and may also vote in the primary of such
2local party on the same election day, provided that such voter
3may not vote in both such party primaries with respect to
4offices of the same political subdivision. However, no person
5declaring his affiliation with a statewide established
6political party may vote in the primary of any other statewide
7political party on the same election day.
8(Source: P.A. 81-1535.)
9 (10 ILCS 5/7-60) (from Ch. 46, par. 7-60)
10 Sec. 7-60. Not less than 74 days before the date of the
11general election, the State Board of Elections shall certify to
12the county clerks the names of each of the candidates who have
13been nominated as shown by the proclamation of the State Board
14of Elections as a canvassing board or who have been nominated
15to fill a vacancy in nomination and direct the election
16authority to place upon the official ballot for the general
17election the names of such candidates in the same manner and in
18the same order as shown upon the certification, except as
19otherwise provided in this Section.
20 Notwithstanding any other provision of law, the 2
21candidates in any primary that received the most votes in the
22primary election, regardless of party affiliation of the
23candidates, shall be the only 2 candidates certified for
24participation in the general election.
25 Not less than 68 days before the date of the general

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1election, each county clerk shall certify the names of each of
2the candidates for county offices who have been nominated as
3shown by the proclamation of the county election authority or
4who have been nominated to fill a vacancy in nomination and
5declare that the names of such candidates for the respective
6offices shall be placed upon the official ballot for the
7general election in the same manner and in the same order as
8shown upon the certification, except as otherwise provided by
9this Section. Each county clerk shall place a copy of the
10certification on file in his or her office and at the same time
11issue to the State Board of Elections a copy of such
12certification. In addition, each county clerk in whose county
13there is a board of election commissioners shall, not less than
1468 days before the date of the general election, issue to such
15board a copy of the certification that has been filed in the
16county clerk's office, together with a copy of the
17certification that has been issued to the clerk by the State
18Board of Elections, with directions to the board of election
19commissioners to place upon the official ballot for the general
20election in that election jurisdiction the names of all
21candidates that are listed on such certifications, in the same
22manner and in the same order as shown upon such certifications,
23except as otherwise provided in this Section.
24 Whenever there are two or more persons nominated by the
25same political party for multiple offices for any board, the
26name of the candidate of such party receiving the highest

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1number of votes in the primary election as a candidate for such
2office, as shown by the official election returns of the
3primary, shall be certified first under the name of such
4offices, and the names of the remaining candidates of such
5party for such offices shall follow in the order of the number
6of votes received by them respectively at the primary election
7as shown by the official election results.
8 No person who is shown by the final proclamation to have
9been nominated or elected at the primary as a write-in
10candidate shall have his or her name certified unless such
11person shall have filed with the certifying office or board
12within 10 days after the election authority's proclamation a
13statement of candidacy pursuant to Section 7-10, a statement
14pursuant to Section 7-10.1, and a receipt for the filing of a
15statement of economic interests in relation to the unit of
16government to which he or she has been elected or nominated.
17 Each county clerk and board of election commissioners shall
18determine by a fair and impartial method of random selection
19the order of placement of established political party
20candidates for the general election ballot. Such determination
21shall be made within 30 days following the canvass and
22proclamation of the results of the general primary in the
23office of the county clerk or board of election commissioners
24and shall be open to the public. Seven days written notice of
25the time and place of conducting such random selection shall be
26given, by each such election authority, to the County Chairman

HB0285- 21 -LRB100 05599 MLM 15613 b
1of each established political party, and to each organization
2of citizens within the election jurisdiction which was
3entitled, under this Article, at the next preceding election,
4to have pollwatchers present on the day of election. Each
5election authority shall post in a conspicuous, open and public
6place, at the entrance of the election authority office, notice
7of the time and place of such lottery. However, a board of
8election commissioners may elect to place established
9political party candidates on the general election ballot in
10the same order determined by the county clerk of the county in
11which the city under the jurisdiction of such board is located.
12 Each certification shall indicate, where applicable, the
13following:
14 (1) The political party affiliation of the candidates
15 for the respective offices;
16 (2) If there is to be more than one candidate elected
17 to an office from the State, political subdivision or
18 district;
19 (3) If the voter has the right to vote for more than
20 one candidate for an office;
21 (4) The term of office, if a vacancy is to be filled
22 for less than a full term or if the offices to be filled in
23 a political subdivision are for different terms.
24 The State Board of Elections or the county clerk, as the
25case may be, shall issue an amended certification whenever it
26is discovered that the original certification is in error.

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1(Source: P.A. 96-1008, eff. 7-6-10.)
2 (10 ILCS 5/19-3) (from Ch. 46, par. 19-3)
3 Sec. 19-3. The application for vote by mail ballot shall be
4substantially in the following form:
5
APPLICATION FOR VOTE BY MAIL BALLOT
6 To be voted at the .... election in the County of .... and
7State of Illinois, in the .... precinct of the (1) *township of
8.... (2) *City of .... or (3) *.... ward in the City of ....
9 I state that I am a resident of the .... precinct of the
10(1) *township of .... (2) *City of .... or (3) *.... ward in
11the city of .... residing at .... in such city or town in the
12county of .... and State of Illinois; that I have lived at such
13address for .... month(s) last past; that I am lawfully
14entitled to vote in such precinct at the .... election to be
15held therein on ....; and that I wish to vote by vote by mail
16ballot.
17 I hereby make application for an official ballot or ballots
18to be voted by me at such election, and I agree that I shall
19return such ballot or ballots to the official issuing the same
20prior to the closing of the polls on the date of the election
21or, if returned by mail, postmarked no later than election day,
22for counting no later than during the period for counting
23provisional ballots, the last day of which is the 14th day
24following election day.
25 I understand that this application is made for an official

HB0285- 23 -LRB100 05599 MLM 15613 b
1vote by mail ballot or ballots to be voted by me at the
2election specified in this application and that I must submit a
3separate application for an official vote by mail ballot or
4ballots to be voted by me at any subsequent election.
5 Under penalties as provided by law pursuant to Section
629-10 of the Election Code, the undersigned certifies that the
7statements set forth in this application are true and correct.
8
....
9
*fill in either (1), (2) or (3).
10
Post office address to which ballot is mailed:
11...............
12 However, if application is made for a primary election
13ballot, such application shall require the applicant to
14designate the name of the political party with which the
15applicant is affiliated.
16 If application is made electronically, the applicant shall
17mark the box associated with the above described statement
18included as part of the online application certifying that the
19statements set forth in this application are true and correct,
20and a signature is not required.
21 Any person may produce, reproduce, distribute, or return to
22an election authority the application for vote by mail ballot.
23Upon receipt, the appropriate election authority shall accept
24and promptly process any application for vote by mail ballot
25submitted in a form substantially similar to that required by
26this Section, including any substantially similar production

HB0285- 24 -LRB100 05599 MLM 15613 b
1or reproduction generated by the applicant.
2(Source: P.A. 98-115, eff. 7-29-13; 98-1171, eff. 6-1-15;
399-522, eff. 6-30-16.)
4 (10 ILCS 5/19-4.5 new)
5 Sec. 19-4.5. Absentee primary ballots.
6 (a) Notwithstanding any other provision of law, a person
7entitled to vote by absentee ballot at a primary shall not be
8required to declare his or her political party affiliation, and
9shall be provided with the ballot listing all candidates for
10offices for which the absentee voter is entitled to vote at
11that primary. The ballots provided for absentee voters shall be
12the same open-primary ballots as provided under 7-44 of this
13Act.
14 (b) With respect to the marking, casting, and counting of
15primary ballots, absentee voting shall be conducted in
16accordance with Sections 7-43 and 7-44 of this Code as well as
17the provisions of this Article.
18 (10 ILCS 5/19-5) (from Ch. 46, par. 19-5)
19 Sec. 19-5. It shall be the duty of the election authority
20to fold the ballot or ballots in the manner specified by the
21statute for folding ballots prior to their deposit in the
22ballot box, and to enclose such ballot or ballots in an
23envelope unsealed to be furnished by him, which envelope shall
24bear upon the face thereof the name, official title and post

HB0285- 25 -LRB100 05599 MLM 15613 b
1office address of the election authority, and upon the other
2side a printed certification in substantially the following
3form:
4 I state that I am a resident of the .... precinct of the
5(1) *township of .... (2) *City of .... or (3) *.... ward in
6the city of .... residing at .... in such city or town in the
7county of .... and State of Illinois, that I have lived at such
8address for .... months last past; and that I am lawfully
9entitled to vote in such precinct at the .... election to be
10held on .....
11*fill in either (1), (2) or (3).
12 I further state that I personally marked the enclosed
13ballot in secret.
14 Under penalties of perjury as provided by law pursuant to
15Section 29-10 of The Election Code, the undersigned certifies
16that the statements set forth in this certification are true
17and correct.
18
.......................
19 If the ballot is to go to an elector who is physically
20incapacitated and needs assistance marking the ballot, the
21envelope shall bear upon the back thereof a certification in
22substantially the following form:
23 I state that I am a resident of the .... precinct of the
24(1) *township of .... (2) *City of .... or (3) *.... ward in
25the city of .... residing at .... in such city or town in the
26county of .... and State of Illinois, that I have lived at such

HB0285- 26 -LRB100 05599 MLM 15613 b
1address for .... months last past; that I am lawfully entitled
2to vote in such precinct at the .... election to be held on
3....; that I am physically incapable of personally marking the
4ballot for such election.
5*fill in either (1), (2) or (3).
6 I further state that I marked the enclosed ballot in secret
7with the assistance of
8
.................................
9
(Individual rendering assistance)
10
.................................
11
(Residence Address)
12 Under penalties of perjury as provided by law pursuant to
13Section 29-10 of The Election Code, the undersigned certifies
14that the statements set forth in this certification are true
15and correct.
16
.......................
17 In the case of a voter with a physical incapacity, marking
18a ballot in secret includes marking a ballot with the
19assistance of another individual, other than a candidate whose
20name appears on the ballot (unless the voter is the spouse or a
21parent, child, brother, or sister of the candidate), the
22voter's employer, an agent of that employer, or an officer or
23agent of the voter's union, when the voter's physical
24incapacity necessitates such assistance.
25 In the case of a physically incapacitated voter, marking a
26ballot in secret includes marking a ballot with the assistance

HB0285- 27 -LRB100 05599 MLM 15613 b
1of another individual, other than a candidate whose name
2appears on the ballot (unless the voter is the spouse or a
3parent, child, brother, or sister of the candidate), the
4voter's employer, an agent of that employer, or an officer or
5agent of the voter's union, when the voter's physical
6incapacity necessitates such assistance.
7 Provided, that if the ballot enclosed is to be voted at a
8primary election, the certification shall designate the name of
9the political party with which the voter is affiliated.
10 In addition to the above, the election authority shall
11provide printed slips giving full instructions regarding the
12manner of marking and returning the ballot in order that the
13same may be counted, and shall furnish one of such printed
14slips to each of such applicants at the same time the ballot is
15delivered to him. Such instructions shall include the following
16statement: "In signing the certification on the vote by mail
17ballot envelope, you are attesting that you personally marked
18this vote by mail ballot in secret. If you are physically
19unable to mark the ballot, a friend or relative may assist you
20after completing the enclosed affidavit. Federal and State laws
21prohibit a candidate whose name appears on the ballot (unless
22you are the spouse or a parent, child, brother, or sister of
23the candidate), your employer, your employer's agent or an
24officer or agent of your union from assisting voters with
25physical disabilities."
26 In addition to the above, if a ballot to be provided to an

HB0285- 28 -LRB100 05599 MLM 15613 b
1elector pursuant to this Section contains a public question
2described in subsection (b) of Section 28-6 and the territory
3concerning which the question is to be submitted is not
4described on the ballot due to the space limitations of such
5ballot, the election authority shall provide a printed copy of
6a notice of the public question, which shall include a
7description of the territory in the manner required by Section
816-7. The notice shall be furnished to the elector at the same
9time the ballot is delivered to the elector.
10(Source: P.A. 98-1171, eff. 6-1-15; 99-143, eff. 7-27-15.)
11 (10 ILCS 5/19-8) (from Ch. 46, par. 19-8)
12 Sec. 19-8. Time and place of counting ballots.
13 (a) (Blank.)
14 (b) Each vote by mail voter's ballot returned to an
15election authority, by any means authorized by this Article,
16and received by that election authority before the closing of
17the polls on election day shall be endorsed by the receiving
18election authority with the day and hour of receipt and may be
19processed by the election authority beginning on the day it is
20received by the election authority in the central ballot
21counting location of the election authority, but the results of
22the processing may not be counted until the day of the election
23after 7:00 p.m., except as provided in subsections (g) and
24(g-5).
25 (c) Each vote by mail voter's ballot that is mailed to an

HB0285- 29 -LRB100 05599 MLM 15613 b
1election authority and postmarked no later than election day,
2but that is received by the election authority after the polls
3close on election day and before the close of the period for
4counting provisional ballots cast at that election, shall be
5endorsed by the receiving authority with the day and hour of
6receipt and shall be counted at the central ballot counting
7location of the election authority during the period for
8counting provisional ballots.
9 Each vote by mail voter's ballot that is mailed to an
10election authority absent a postmark or a barcode usable with
11an intelligent mail barcode tracking system, but that is
12received by the election authority after the polls close on
13election day and before the close of the period for counting
14provisional ballots cast at that election, shall be endorsed by
15the receiving authority with the day and hour of receipt,
16opened to inspect the date inserted on the certification, and,
17if the certification date is election day or earlier and the
18ballot is otherwise found to be valid under the requirements of
19this Section, counted at the central ballot counting location
20of the election authority during the period for counting
21provisional ballots. Absent a date on the certification, the
22ballot shall not be counted.
23 If an election authority is using an intelligent mail
24barcode tracking system, a ballot that is mailed to an election
25authority absent a postmark may be counted if the intelligent
26mail barcode tracking system verifies the envelope was mailed

HB0285- 30 -LRB100 05599 MLM 15613 b
1no later than election day.
2 (d) Special write-in vote by mail voter's blank ballots
3returned to an election authority, by any means authorized by
4this Article, and received by the election authority at any
5time before the closing of the polls on election day shall be
6endorsed by the receiving election authority with the day and
7hour of receipt and shall be counted at the central ballot
8counting location of the election authority during the same
9period provided for counting vote by mail voters' ballots under
10subsections (b), (g), and (g-5). Special write-in vote by mail
11voter's blank ballots that are mailed to an election authority
12and postmarked no later than election day, but that are
13received by the election authority after the polls close on
14election day and before the closing of the period for counting
15provisional ballots cast at that election, shall be endorsed by
16the receiving authority with the day and hour of receipt and
17shall be counted at the central ballot counting location of the
18election authority during the same periods provided for
19counting vote by mail voters' ballots under subsection (c).
20 (e) Except as otherwise provided in this Section, vote by
21mail voters' ballots and special write-in vote by mail voter's
22blank ballots received by the election authority after the
23closing of the polls on an election day shall be endorsed by
24the election authority receiving them with the day and hour of
25receipt and shall be safely kept unopened by the election
26authority for the period of time required for the preservation

HB0285- 31 -LRB100 05599 MLM 15613 b
1of ballots used at the election, and shall then, without being
2opened, be destroyed in like manner as the used ballots of that
3election.
4 (f) Counting required under this Section to begin on
5election day after the closing of the polls shall commence no
6later than 8:00 p.m. and shall be conducted by a panel or
7panels of election judges appointed in the manner provided by
8law. The counting shall continue until all vote by mail voters'
9ballots and special write-in vote by mail voter's blank ballots
10required to be counted on election day have been counted.
11 (g) The procedures set forth in Articles 17 and 18 and,
12with respect to primaries, in Section 19-4.5 of this Code shall
13apply to all ballots counted under this Section. In addition,
14within 2 days after a vote by mail ballot is received, but in
15all cases before the close of the period for counting
16provisional ballots, the election judge or official shall
17compare the voter's signature on the certification envelope of
18that vote by mail ballot with the signature of the voter on
19file in the office of the election authority. If the election
20judge or official determines that the 2 signatures match, and
21that the vote by mail voter is otherwise qualified to cast a
22vote by mail ballot, the election authority shall cast and
23count the ballot on election day or the day the ballot is
24determined to be valid, whichever is later, adding the results
25to the precinct in which the voter is registered. If the
26election judge or official determines that the signatures do

HB0285- 32 -LRB100 05599 MLM 15613 b
1not match, or that the vote by mail voter is not qualified to
2cast a vote by mail ballot, then without opening the
3certification envelope, the judge or official shall mark across
4the face of the certification envelope the word "Rejected" and
5shall not cast or count the ballot.
6 In addition to the voter's signatures not matching, a vote
7by mail ballot may be rejected by the election judge or
8official:
9 (1) if the ballot envelope is open or has been opened
10 and resealed;
11 (2) if the voter has already cast an early or grace
12 period ballot;
13 (3) if the voter voted in person on election day or the
14 voter is not a duly registered voter in the precinct; or
15 (4) on any other basis set forth in this Code.
16 If the election judge or official determines that any of
17these reasons apply, the judge or official shall mark across
18the face of the certification envelope the word "Rejected" and
19shall not cast or count the ballot.
20 (g-5) If a vote by mail ballot is rejected by the election
21judge or official for any reason, the election authority shall,
22within 2 days after the rejection but in all cases before the
23close of the period for counting provisional ballots, notify
24the vote by mail voter that his or her ballot was rejected. The
25notice shall inform the voter of the reason or reasons the
26ballot was rejected and shall state that the voter may appear

HB0285- 33 -LRB100 05599 MLM 15613 b
1before the election authority, on or before the 14th day after
2the election, to show cause as to why the ballot should not be
3rejected. The voter may present evidence to the election
4authority supporting his or her contention that the ballot
5should be counted. The election authority shall appoint a panel
6of 3 election judges to review the contested ballot,
7application, and certification envelope, as well as any
8evidence submitted by the vote by mail voter. No more than 2
9election judges on the reviewing panel shall be of the same
10political party. The reviewing panel of election judges shall
11make a final determination as to the validity of the contested
12vote by mail ballot. The judges' determination shall not be
13reviewable either administratively or judicially.
14 A vote by mail ballot subject to this subsection that is
15determined to be valid shall be counted before the close of the
16period for counting provisional ballots.
17 (g-10) All vote by mail ballots determined to be valid
18shall be added to the vote totals for the precincts for which
19they were cast in the order in which the ballots were opened.
20 (h) Each political party, candidate, and qualified civic
21organization shall be entitled to have present one pollwatcher
22for each panel of election judges therein assigned.
23(Source: P.A. 98-1171, eff. 6-1-15; 99-522, eff. 6-30-16.)
24 (10 ILCS 5/19-12.1) (from Ch. 46, par. 19-12.1)
25 Sec. 19-12.1. Any qualified elector who has secured an

HB0285- 34 -LRB100 05599 MLM 15613 b
1Illinois Person with a Disability Identification Card in
2accordance with the Illinois Identification Card Act,
3indicating that the person named thereon has a Class 1A or
4Class 2 disability or any qualified voter who has a permanent
5physical incapacity of such a nature as to make it improbable
6that he will be able to be present at the polls at any future
7election, or any voter who is a resident of (i) a federally
8operated veterans' home, hospital, or facility located in
9Illinois or (ii) a facility licensed or certified pursuant to
10the Nursing Home Care Act, the Specialized Mental Health
11Rehabilitation Act of 2013, the ID/DD Community Care Act, or
12the MC/DD Act and has a condition or disability of such a
13nature as to make it improbable that he will be able to be
14present at the polls at any future election, may secure a
15voter's identification card for persons with disabilities or a
16nursing home resident's identification card, which will enable
17him to vote under this Article as a physically incapacitated or
18nursing home voter. For the purposes of this Section,
19"federally operated veterans' home, hospital, or facility"
20means the long-term care facilities at the Jesse Brown VA
21Medical Center, Illiana Health Care System, Edward Hines, Jr.
22VA Hospital, Marion VA Medical Center, and Captain James A.
23Lovell Federal Health Care Center.
24 Application for a voter's identification card for persons
25with disabilities or a nursing home resident's identification
26card shall be made either: (a) in writing, with voter's sworn

HB0285- 35 -LRB100 05599 MLM 15613 b
1affidavit, to the county clerk or board of election
2commissioners, as the case may be, and shall be accompanied by
3the affidavit of the attending physician, advanced practice
4nurse, or a physician assistant specifically describing the
5nature of the physical incapacity or the fact that the voter is
6a nursing home resident and is physically unable to be present
7at the polls on election days; or (b) by presenting, in writing
8or otherwise, to the county clerk or board of election
9commissioners, as the case may be, proof that the applicant has
10secured an Illinois Person with a Disability Identification
11Card indicating that the person named thereon has a Class 1A or
12Class 2 disability. Upon the receipt of either the sworn-to
13application and the physician's, advanced practice nurse's, or
14a physician assistant's affidavit or proof that the applicant
15has secured an Illinois Person with a Disability Identification
16Card indicating that the person named thereon has a Class 1A or
17Class 2 disability, the county clerk or board of election
18commissioners shall issue a voter's identification card for
19persons with disabilities or a nursing home resident's
20identification card. Such identification cards shall be issued
21for a period of 5 years, upon the expiration of which time the
22voter may secure a new card by making application in the same
23manner as is prescribed for the issuance of an original card,
24accompanied by a new affidavit of the attending physician,
25advanced practice nurse, or a physician assistant. The date of
26expiration of such five-year period shall be made known to any

HB0285- 36 -LRB100 05599 MLM 15613 b
1interested person by the election authority upon the request of
2such person. Applications for the renewal of the identification
3cards shall be mailed to the voters holding such cards not less
4than 3 months prior to the date of expiration of the cards.
5 Each voter's identification card for persons with
6disabilities or nursing home resident's identification card
7shall bear an identification number, which shall be clearly
8noted on the voter's original and duplicate registration record
9cards. In the event the holder becomes physically capable of
10resuming normal voting, he must surrender his voter's
11identification card for persons with disabilities or nursing
12home resident's identification card to the county clerk or
13board of election commissioners before the next election.
14 The holder of a voter's identification card for persons
15with disabilities or a nursing home resident's identification
16card may make application by mail for an official ballot within
17the time prescribed by Section 19-2. Such application shall
18contain the same information as is included in the form of
19application for ballot by a physically incapacitated elector
20prescribed in Section 19-3 except that it shall also include
21the applicant's voter's identification card for persons with
22disabilities card number and except that it need not be sworn
23to. If an examination of the records discloses that the
24applicant is lawfully entitled to vote, he shall be mailed a
25ballot as provided in Section 19-4 and, if applicable, in
26Section 19-4.5. The ballot envelope shall be the same as that

HB0285- 37 -LRB100 05599 MLM 15613 b
1prescribed in Section 19-5 for voters with physical
2disabilities, and the manner of voting and returning the ballot
3shall be the same as that provided in this Article for other
4vote by mail ballots, except that a statement to be subscribed
5to by the voter but which need not be sworn to shall be placed
6on the ballot envelope in lieu of the affidavit prescribed by
7Section 19-5.
8 Any person who knowingly subscribes to a false statement in
9connection with voting under this Section shall be guilty of a
10Class A misdemeanor.
11 For the purposes of this Section, "nursing home resident"
12includes a resident of (i) a federally operated veterans' home,
13hospital, or facility located in Illinois or (ii) a facility
14licensed under the ID/DD Community Care Act, the MC/DD Act, or
15the Specialized Mental Health Rehabilitation Act of 2013. For
16the purposes of this Section, "federally operated veterans'
17home, hospital, or facility" means the long-term care
18facilities at the Jesse Brown VA Medical Center, Illiana Health
19Care System, Edward Hines, Jr. VA Hospital, Marion VA Medical
20Center, and Captain James A. Lovell Federal Health Care Center.
21(Source: P.A. 98-104, eff. 7-22-13; 98-1171, eff. 6-1-15;
2299-143, eff. 7-27-15; 99-180, eff. 7-29-15; 99-581, eff.
231-1-17; 99-642, eff. 6-28-16.)
24 (10 ILCS 5/20-3) (from Ch. 46, par. 20-3)
25 Sec. 20-3. The election authority shall furnish the

HB0285- 38 -LRB100 05599 MLM 15613 b
1following applications for registration by mail or vote by mail
2ballot which shall be considered a method of application in
3lieu of the official postcard.
4 1. Members of the United States Service, citizens of the
5United States temporarily residing outside the territorial
6limits of the United States, and certified program participants
7under the Address Confidentiality for Victims of Domestic
8Violence Act may make application within the periods prescribed
9in Sections 20-2 or 20-2.1, as the case may be. Such
10application shall be substantially in the following form:
11
"APPLICATION FOR BALLOT
12 To be voted at the ............ election in the precinct in
13which is located my residence at ..............., in the
14city/village/township of ............(insert home address)
15County of ........... and State of Illinois.
16 I state that I am a citizen of the United States; that on
17(insert date of election) I shall have resided in the State of
18Illinois and in the election precinct for 30 days; that on the
19above date I shall be the age of 18 years or above; that I am
20lawfully entitled to vote in such precinct at that election;
21that I am (check category 1, 2, or 3 below):
22 1. ( ) a member of the United States Service,
23 2. ( ) a citizen of the United States temporarily residing
24outside the territorial limits of the United States and that I
25expect to be absent from the said county of my residence on the
26date of holding such election, and that I will have no

HB0285- 39 -LRB100 05599 MLM 15613 b
1opportunity to vote in person on that day.
2 3. ( ) a certified program participant under the Address
3Confidentiality for Victims of Domestic Violence Act.
4 I hereby make application for an official ballot or ballots
5to be voted by me at such election if I am absent from the said
6county of my residence, and I agree that I shall return said
7ballot or ballots to the election authority postmarked no later
8than election day, for counting no later than during the period
9for counting provisional ballots, the last day of which is the
1014th day following election day or shall destroy said ballot or
11ballots.
12 (Check below only if category 2 or 3 and not previously
13registered)
14 ( ) I hereby make application to become registered as a
15voter and agree to return the forms and affidavits for
16registration to the election authority not later than 30 days
17before the election.
18 Under penalties as provided by law pursuant to Article 29
19of the Election Code, the undersigned certifies that the
20statements set forth in this application are true and correct.
21
.........................
22 Post office address or service address to which
23registration materials or ballot should be mailed
24
.........................
25
.........................
26
.........................

HB0285- 40 -LRB100 05599 MLM 15613 b
1
........................"
2 If application is made for a primary election ballot, such
3application shall designate the name of the political party
4with which the applicant is affiliated.
5 Such applications may be obtained from the election
6authority having jurisdiction over the person's precinct of
7residence.
8 2. A spouse or dependent of a member of the United States
9Service, said spouse or dependent being a registered voter in
10the county, may make application on behalf of said person in
11the office of the election authority within the periods
12prescribed in Section 20-2 which shall be substantially in the
13following form:
14"APPLICATION FOR BALLOT to be voted at the........... election
15in the precinct in which is located the residence of the person
16for whom this application is made at.............(insert
17residence address) in the city/village/township of.........
18County of.......... and State of Illinois.
19 I certify that the following named person................
20(insert name of person) is a member of the United States
21Service.
22 I state that said person is a citizen of the United States;
23that on (insert date of election) said person shall have
24resided in the State of Illinois and in the election precinct
25for which this application is made for 30 days; that on the
26above date said person shall be the age of 18 years or above;

HB0285- 41 -LRB100 05599 MLM 15613 b
1that said person is lawfully entitled to vote in such precinct
2at that election; that said person is a member of the United
3States Service, and that in the course of his duties said
4person expects to be absent from his county of residence on the
5date of holding such election, and that said person will have
6no opportunity to vote in person on that day.
7 I hereby make application for an official ballot or ballots
8to be voted by said person at such election and said person
9agrees that he shall return said ballot or ballots to the
10election authority postmarked no later than election day, for
11counting no later than during the period for counting
12provisional ballots, the last day of which is the 14th day
13following election day, or shall destroy said ballot or
14ballots.
15 I hereby certify that I am the (mother, father, sister,
16brother, husband or wife) of the said elector, and that I am a
17registered voter in the election precinct for which this
18application is made. (Strike all but one that is applicable.)
19 Under penalties as provided by law pursuant to Article 29
20of The Election Code, the undersigned certifies that the
21statements set forth in this application are true and correct.
22
Name of applicant ......................
23
Residence address ........................
24
City/village/township........................
25 Service address to which ballot should be mailed:
26
.........................

HB0285- 42 -LRB100 05599 MLM 15613 b
1
.........................
2
.........................
3
........................"
4 If application is made for a primary election ballot, such
5application shall designate the name of the political party
6with which the person for whom application is made is
7affiliated.
8 Such applications may be obtained from the election
9authority having jurisdiction over the voting precinct in which
10the person for whom application is made is entitled to vote.
11(Source: P.A. 98-1171, eff. 6-1-15; 99-522, eff. 6-30-16.)
12 (10 ILCS 5/20-4) (from Ch. 46, par. 20-4)
13 Sec. 20-4. Immediately upon the receipt of the official
14postcard or an application as provided in Section 20-3 within
15the times heretofore prescribed, the election authority shall
16ascertain whether or not such applicant is legally entitled to
17vote as requested, including verification of the applicant's
18signature by comparison with the signature on the official
19registration record card, if any. If the election authority
20ascertains that the applicant is lawfully entitled to vote, it
21shall enter the name, street address, ward and precinct number
22of such applicant on a list to be posted in his or its office in
23a place accessible to the public. Within one day after posting
24the name and other information of an applicant for a ballot,
25the election authority shall transmit that name and posted

HB0285- 43 -LRB100 05599 MLM 15613 b
1information to the State Board of Elections, which shall
2maintain the names and other information in an electronic
3format on its website, arranged by county and accessible to
4State and local political committees. As soon as the official
5ballot is prepared the election authority shall immediately
6deliver the same to the applicant in person, by mail, by
7facsimile transmission, or by electronic transmission as
8provided in Section 20-4.5, when applicable, and this Article.
9 If any such election authority receives a second or
10additional application which it believes is from the same
11person, he or it shall submit it to the chief judge of the
12circuit court or any judge of that court designated by the
13chief judge. If the chief judge or his designate determines
14that the application submitted to him is a second or additional
15one, he shall so notify the election authority who shall
16disregard the second or additional application.
17 The election authority shall maintain a list for each
18election of the voters to whom it has issued vote by mail
19ballots. The list shall be maintained for each precinct within
20the jurisdiction of the election authority. Prior to the
21opening of the polls on election day, the election authority
22shall deliver to the judges of election in each precinct the
23list of registered voters in that precinct to whom vote by mail
24ballots have been issued.
25 Election authorities may transmit by facsimile or other
26electronic means a ballot simultaneously with transmitting an

HB0285- 44 -LRB100 05599 MLM 15613 b
1application for vote by mail ballot; however, no such ballot
2shall be counted unless an application has been completed by
3the voter and the election authority ascertains that the
4applicant is lawfully entitled to vote as provided in this
5Section.
6(Source: P.A. 98-1171, eff. 6-1-15.)
7 (10 ILCS 5/20-4.5 new)
8 Sec. 20-4.5. Primary ballots.
9 (a) Notwithstanding any other provision of law, a person
10entitled to vote by absentee ballot at a primary shall not be
11required to declare his or her political party affiliation and
12shall be provided with a ballot including all candidates,
13regardless of party affiliation of the candidates, for offices
14for which the absentee voter is entitled to vote at that
15primary.
16 (b) With respect to the marking, casting, and counting of
17primary ballots, absentee voting shall be conducted in
18accordance with Sections 7-43 and 7-44 of this Code as well as
19the provisions of this Article.
20 (c) When voting absentee at a primary, the voter shall be
21instructed to discard or otherwise destroy any ballot that the
22voter does not intend to cast. Such a discarded or destroyed
23ballot is not the ballot the voter agreed in the absentee
24ballot application to return to the election authority.

HB0285- 45 -LRB100 05599 MLM 15613 b
1 (10 ILCS 5/20-5) (from Ch. 46, par. 20-5)
2 Sec. 20-5. The election authority shall fold the ballot or
3ballots in the manner specified by the statute for folding
4ballots prior to their deposit in the ballot box and shall
5enclose such ballot in an envelope unsealed to be furnished by
6it, which envelope shall bear upon the face thereof the name,
7official title and post office address of the election
8authority, and upon the other side of such envelope there shall
9be printed a certification in substantially the following form:
10
"CERTIFICATION
11 I state that I am a resident/former resident of the .......
12precinct of the city/village/township of ............,
13(Designation to be made by Election Authority) or of the ....
14ward in the city of ........... (Designation to be made by
15Election Authority) residing at ................ in said
16city/village/township in the county of ........... and State of
17Illinois; that I am a
18 1. ( ) member of the United States Service
19 2. ( ) citizen of the United States temporarily residing
20outside the territorial limits of the United States
21 3. ( ) nonresident civilian citizen
22and desire to cast the enclosed ballot pursuant to Article 20
23of the The Election Code; that I am lawfully entitled to vote
24in such precinct at the ........... election to be held on
25............
26 I further state that I marked the enclosed ballot in

HB0285- 46 -LRB100 05599 MLM 15613 b
1secret.
2 Under penalties as provided by law pursuant to Article 29
3of the The Election Code, the undersigned certifies that the
4statements set forth in this certification are true and
5correct.
6
...............(Name)
7
.....................
8
(Service Address)
"
9
.....................
10
.....................
11
.....................
"
12 If the ballot enclosed is to be voted at a primary
13election, the certification shall designate the name of the
14political party with which the voter is affiliated.
15 In addition to the above, the election authority shall
16provide printed slips giving full instructions regarding the
17manner of completing the forms and affidavits for registration
18by mail or the manner of marking and returning the ballot in
19order that the same may be counted, and shall furnish one of
20the printed slips to each of the applicants at the same time
21the registration materials or ballot is delivered to him.
22 In addition to the above, if a ballot to be provided to an
23elector pursuant to this Section contains a public question
24described in subsection (b) of Section 28-6 and the territory
25concerning which the question is to be submitted is not
26described on the ballot due to the space limitations of such

HB0285- 47 -LRB100 05599 MLM 15613 b
1ballot, the election authority shall provide a printed copy of
2a notice of the public question, which shall include a
3description of the territory in the manner required by Section
416-7. The notice shall be furnished to the elector at the same
5time the ballot is delivered to the elector.
6 The envelope in which such registration or such ballot is
7mailed to the voter as well as the envelope in which the
8registration materials or the ballot is returned by the voter
9shall have printed across the face thereof two parallel
10horizontal red bars, each one-quarter inch wide, extending from
11one side of the envelope to the other side, with an intervening
12space of one-quarter inch, the top bar to be one and
13one-quarter inches from the top of the envelope, and with the
14words "Official Election Balloting Material-VIA AIR MAIL"
15between the bars. In the upper right corner of such envelope in
16a box, there shall be printed the words: "U.S. Postage Paid 42
17USC 1973". All printing on the face of such envelopes shall be
18in red, including an appropriate inscription or blank in the
19upper left corner of return address of sender.
20 The envelope in which the ballot is returned to the
21election authority may be delivered (i) by mail, postage paid,
22(ii) in person, by the spouse, parent, child, brother, or
23sister of the voter, or (iii) by a company engaged in the
24business of making deliveries of property and licensed as a
25motor carrier of property by the Illinois Commerce Commission
26under the Illinois Commercial Transportation Law.

HB0285- 48 -LRB100 05599 MLM 15613 b
1 Election authorities transmitting ballots by facsimile or
2electronic transmission shall, to the extent possible, provide
3those applicants with the same instructions, certification,
4and other materials required when sending by mail.
5(Source: P.A. 98-1171, eff. 6-1-15; revised 10-25-16.)
6 (10 ILCS 5/20-8) (from Ch. 46, par. 20-8)
7 Sec. 20-8. Time and place of counting ballots.
8 (a) (Blank.)
9 (b) Each vote by mail voter's ballot returned to an
10election authority, by any means authorized by this Article,
11and received by that election authority may be processed by the
12election authority beginning on the day it is received by the
13election authority in the central ballot counting location of
14the election authority, but the results of the processing may
15not be counted until the day of the election after 7:00 p.m.,
16except as provided in subsections (g) and (g-5).
17 (c) Each vote by mail voter's ballot that is mailed to an
18election authority and postmarked no later than election day,
19but that is received by the election authority after the polls
20close on election day and before the close of the period for
21counting provisional ballots cast at that election, shall be
22endorsed by the receiving authority with the day and hour of
23receipt and shall be counted at the central ballot counting
24location of the election authority during the period for
25counting provisional ballots.

HB0285- 49 -LRB100 05599 MLM 15613 b
1 Each vote by mail voter's ballot that is mailed to an
2election authority absent a postmark or a barcode usable with
3an intelligent mail barcode tracking system, but that is
4received by the election authority after the polls close on
5election day and before the close of the period for counting
6provisional ballots cast at that election, shall be endorsed by
7the receiving authority with the day and hour of receipt,
8opened to inspect the date inserted on the certification, and,
9if the certification date is election day or earlier and the
10ballot is otherwise found to be valid under the requirements of
11this Section, counted at the central ballot counting location
12of the election authority during the period for counting
13provisional ballots. Absent a date on the certification, the
14ballot shall not be counted.
15 If an election authority is using an intelligent mail
16barcode tracking system, a ballot that is mailed to an election
17authority absent a postmark may be counted if the intelligent
18mail barcode tracking system verifies the envelope was mailed
19no later than election day.
20 (d) Special write-in vote by mail voter's blank ballots
21returned to an election authority, by any means authorized by
22this Article, and received by the election authority at any
23time before the closing of the polls on election day shall be
24endorsed by the receiving election authority with the day and
25hour of receipt and shall be counted at the central ballot
26counting location of the election authority during the same

HB0285- 50 -LRB100 05599 MLM 15613 b
1period provided for counting vote by mail voters' ballots under
2subsections (b), (g), and (g-5). Special write-in vote by mail
3voter's blank ballot that are mailed to an election authority
4and postmarked no later than election day, but that are
5received by the election authority after the polls close on
6election day and before the closing of the period for counting
7provisional ballots cast at that election, shall be endorsed by
8the receiving authority with the day and hour of receipt and
9shall be counted at the central ballot counting location of the
10election authority during the same periods provided for
11counting vote by mail voters' ballots under subsection (c).
12 (e) Except as otherwise provided in this Section, vote by
13mail voters' ballots and special write-in vote by mail voter's
14blank ballots received by the election authority after the
15closing of the polls on the day of election shall be endorsed
16by the person receiving the ballots with the day and hour of
17receipt and shall be safely kept unopened by the election
18authority for the period of time required for the preservation
19of ballots used at the election, and shall then, without being
20opened, be destroyed in like manner as the used ballots of that
21election.
22 (f) Counting required under this Section to begin on
23election day after the closing of the polls shall commence no
24later than 8:00 p.m. and shall be conducted by a panel or
25panels of election judges appointed in the manner provided by
26law. The counting shall continue until all vote by mail voters'

HB0285- 51 -LRB100 05599 MLM 15613 b
1ballots and special write-in vote by mail voter's blank ballots
2required to be counted on election day have been counted.
3 (g) The procedures set forth in Articles 17 and 18 and,
4with respect to primaries, in Section 20-4.5 of this Code shall
5apply to all ballots counted under this Section. In addition,
6within 2 days after a ballot subject to this Article is
7received, but in all cases before the close of the period for
8counting provisional ballots, the election judge or official
9shall compare the voter's signature on the certification
10envelope of that ballot with the signature of the voter on file
11in the office of the election authority. If the election judge
12or official determines that the 2 signatures match, and that
13the voter is otherwise qualified to cast a ballot under this
14Article, the election authority shall cast and count the ballot
15on election day or the day the ballot is determined to be
16valid, whichever is later, adding the results to the precinct
17in which the voter is registered. If the election judge or
18official determines that the signatures do not match, or that
19the voter is not qualified to cast a ballot under this Article,
20then without opening the certification envelope, the judge or
21official shall mark across the face of the certification
22envelope the word "Rejected" and shall not cast or count the
23ballot.
24 In addition to the voter's signatures not matching, a
25ballot subject to this Article may be rejected by the election
26judge or official:

HB0285- 52 -LRB100 05599 MLM 15613 b
1 (1) if the ballot envelope is open or has been opened
2 and resealed;
3 (2) if the voter has already cast an early or grace
4 period ballot;
5 (3) if the voter voted in person on election day or the
6 voter is not a duly registered voter in the precinct; or
7 (4) on any other basis set forth in this Code.
8 If the election judge or official determines that any of
9these reasons apply, the judge or official shall mark across
10the face of the certification envelope the word "Rejected" and
11shall not cast or count the ballot.
12 (g-5) If a ballot subject to this Article is rejected by
13the election judge or official for any reason, the election
14authority shall, within 2 days after the rejection but in all
15cases before the close of the period for counting provisional
16ballots, notify the voter that his or her ballot was rejected.
17The notice shall inform the voter of the reason or reasons the
18ballot was rejected and shall state that the voter may appear
19before the election authority, on or before the 14th day after
20the election, to show cause as to why the ballot should not be
21rejected. The voter may present evidence to the election
22authority supporting his or her contention that the ballot
23should be counted. The election authority shall appoint a panel
24of 3 election judges to review the contested ballot,
25application, and certification envelope, as well as any
26evidence submitted by the vote by mail voter. No more than 2

HB0285- 53 -LRB100 05599 MLM 15613 b
1election judges on the reviewing panel shall be of the same
2political party. The reviewing panel of election judges shall
3make a final determination as to the validity of the contested
4ballot. The judges' determination shall not be reviewable
5either administratively or judicially.
6 A ballot subject to this subsection that is determined to
7be valid shall be counted before the close of the period for
8counting provisional ballots.
9 (g-10) All ballots determined to be valid shall be added to
10the vote totals for the precincts for which they were cast in
11the order in which the ballots were opened.
12 (h) Each political party, candidate, and qualified civic
13organization shall be entitled to have present one pollwatcher
14for each panel of election judges therein assigned.
15(Source: P.A. 98-1171, eff. 6-1-15; 99-522, eff. 6-30-16.)
16 (10 ILCS 5/7-2 rep.)
17 (10 ILCS 5/7-3 rep.)
18 (10 ILCS 5/Art. 10 rep.)
19 Section 10. The Election Code is amended by repealing
20Sections 7-2 and 7-3 and Article 10.
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